Acts and resolutions of the General Assembly of the state of Georgia 1920 [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: BYRD PRINTING CO. 19200000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1920 19200000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE 1920 BYRD PRINTING CO., STATE PRINTERS ATLANTA. GA.

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

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1920 PART I.PUBLIC LAWS TITLE I.APPROPRIATIONS TITLE II.TAXATION TITLE III.AMENDMENTS TO CONSTITUTION TITLE IV.CODE AMENDMENTS TITLE V.SUPERIOR COURTS TITLE VI.MISCELLANEOUS CIVIL AND PENAL LAWS

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TITLE I. Appropriations. ACTS. Deputy Clerk of Supreme Court; Salary Deficiency. General Oil Inspector; Salary Increase. Georgia School for the Deaf; Deficiency. Public Printing Superintendent's Assistant. Railroad Commissioners' Salary; Salary Increase and Maintenance. State Sanitarium; Maintenance. Tuberculosis Sanitorium Deficit. DEPUTY CLERK OF SUPREME COURT; DEFICIENCY. No. 770. An Act to make appropriation for the payment of deficiencies in the salary of the Deputy Clerk of the Supreme Court provided for in an Act approved August 17, 1918. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that there is hereby appropriated to pay the balance due on the salary of the Deputy Clerk of the Supreme Court from Aug. 17, 1918, to July 1st, 1919, the sum of ninety-six dollars and ninety-five cents ($96.95) and for the balance of the year 1919 and the years 1920 and 1921 such amounts as shall equal the difference between

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his salary and the costs received by him, when such difference is certified to the Governor as required by law. Balances due in 1919 1920, 1921. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1920. GENERAL OIL INSPECTOR; INCREASE. No. 808. An Act to appropriate the sum of twenty-eight hundred and fifty dollars from the State Treasury for the purpose of paying increase in salary of the General Oil Inspector of the State for the years 1919, 1920 and 1921, authorized by an Act approved August 15, 1919, and to provide for salary of Clerk to General Oil Inspector, 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 is hereby appropriated the sum of twenty-eight hundred and fifty dollars ($2,850.00) for the purpose of paying increase in salary of the General Oil Inspector for the years 1919, 1920 and 1921 as authorized by an Act approved August 15, 1919, and the further sum of nine hundred dollars is hereby appropriated to pay annual increase of six hundred dollars per annum for salary of Clerk to the General Oil Inspector, and said Clerk's salary shall be at the rate of twenty-one hundred dollars per annum, beginning July 1, 1920. Increases for 1919-1921. 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, 1920.

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GEORGIA SCHOOL FOR THE DEAF; DEFICIENCY. No. 760. An Act to appropriate $12,500 to supply a deficiency in the appropriation to the Georgia School for the Deaf for the year 1920. Whereas, the increased cost of labor and material and supplies and the increased expense of employing instructors in the Georgia School for the Deaf has created a deficiency in the appropriation for the year 1920, therefore, Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the sum of $12,500, or so much as may be necessary, be and the same is hereby appropriated to the Georgia School for the Deaf to supply a deficiency in the appropriation for the year 1920. $12,500 for 1920. 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. PUBLIC PRINTING SUPERINTENDENT'S SALARY. No. 758. An Act to appropriate the sum of $3,000 for the payment of the salary of the Superintendent of Public Printing for the year 1920, and the further sum of $3,000 for the payment of the salary of the Superintendent of Public Printing for the year 1921, as provided in the Acts of the General Assembly approved August 19th, 1919, creating the office of Superintendent of Public Printing. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, That the sum of $3,000.00 is hereby appropriated for the payment of the salary of the Superintendent of Public Printing for the year 1920, and the further sum of $3,000.00 for the payment of the salary of the Superintendent of Public Printing for the year 1921, as provided in the Act of the General Assembly approved August 19th, 1919, creating the office of Superintendent of Public Printing. $3,000.00 for 1920 and 1921. 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, 1920. PUBLIC PRINTING SUPERINTENDENT'S ASSISTANT'S SALARY AND MAINTENANCE. No. 752. An Act to appropriate the sum of $675.00 for the remainder of the year 1920, after August 15th, and the sum of $1,800.00 for the year 1921, to pay the salary of an assistant in the office of the Superintendent of Public Printing; also the sum of $562.50 for the remainder of the year, after August 15th, and the sum of $1,500.00 for the year 1921 as a contingent fund for the maintenance of said Department of Public Printing, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That there is hereby appropriated from the State Treasury the sum of six hundred seventyfive dollars ($675.00) for the remainder of the year 1920, from August 15th, and the sum of eighteen hundred dollars ($1,800.00) for the year 1921, to pay the salary of assistant in Department of Public Printing; also there is hereby appropriated the sum of five hundred sixty-two

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dollars fifty cents ($562.50) for the remainder of the year 1920, from August 15th, and the same of fifteen hundred dollars ($1,500.00) for the year 1921 for clerical assistance and maintenance of said Department of Public Printing, as provided in Acts of 1920. Amounts for 1920, 1921. Sec. 2. Be it further enacted by the authority aforesaid, That there is hereby appropriated from the State Treasury the sum of six hundred eighty three dollars and thirty-two cents to pay the expense of clerical assistance incurred by the Superintendent of Public Printing during the period beginning January 1st, 1920, and ending August 15th, 1920. $683.32 for expenses. 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, 1920. TUBERCULOSIS SANATORIUM DEFICIT. No. 801. An Act to appropriate the sum of $20,000.00 for the year 1920, and $20,000.00 for the year 1921, for the purpose of supplying a deficit in an appropriation for the maintenance of the State Sanatorium for Tuberculosis Patients. Section 1. 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 is hereby appropriated from the State Treasury the sum of $20,000.00 for the year 1920, and $20,000.00 for the year 1921, or so much thereof as may be needed for the purpose of supplying a deficit in an appropriation for the maintenance of the State Sanatorium for Tuberculosis Patients. $20,000 for 1920 and 1921.

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Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1920. RAILROAD COMMISSIONERS' SALARY INCREASE. No. 559. An Act to make appropriation for the payment of the increase in salary due members of the Railroad Commission from August 18th, 1919, to December 31st, 1921, as provided in an Act approved August 18th, 1919. Section 1. 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 is hereby appropriated for the increases in salaries of the members of the Railroad Commission from August 18th, 1919, to December 31st, 1921, as provided in the Act of the General Assembly approved August 18th, 1919, the sum of $12,794.58. $12,794.53 for 1919-1921. Sec. 2. The amounts accrued for each Commissioner up to the approval of this Act shall be payable by the Treasurer on and after approval, and the remainder monthly thereafter. Amounts accrued. Sec. 3. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1920. STATE SANITARIUM MAINTENANCE. No. 753. An Act to appropriate $300,000 to the Trustees of the Georgia State Sanitarium for support and maintenance, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, That the sum of three hundred thousand dollars be and the same is hereby appropriated to the Georgia State Sanitarium at Milledgeville, Ga., the same to be used by the Trustees of said institution for the support and maintenance thereof for the year 1920, the same to be paid out of funds in the Treasury not otherwise appropriated. $300,000 for 1920. 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 17, 1920.

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TITLE II. Taxation. ACTS. General Tax Act Amended. Professions, Taxation Of. Returns: Examinations by Boarls in Certain Counties. GENERAL TAX ACT AMENDED. No. 613. An Act to amend the General Tax Act, approved August 20, 1918, and to amend Section 2 of said Act, as amended by the Act approved August 19, 1919, by striking from said Section 2, Paragraph 12 thereof, in its entirety, relating to automobile agents, and substituting in lieu thereof a new paragraph to be known as Paragraph 12, so as to provide a license upon every agent of, every dealer in and every person soliciting orders for the retail sale of automobiles, not including wholesale dealers or distributors soliciting or canvassing for local dealers or agents, a license which shall entitle such person to sell any make or makes of new or second-hand automobiles in said county in which said license is paid, 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, as follows:

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Section 1. The General Tax Act approved August 20, 1918, as amended by Act August 19, 1919, be and the same is hereby amended by striking therefrom Paragraph 12 of Section 2 thereof in its entirety, which is as follows: Upon every agent of, and upon evey dealer in, and upon every person soliciting orders for the sale of automobiles, the sum set out below, viz: In each county for each make of such vehicle only one such tax for such make for each agency to be taxed in any one county. Any agency having paid such tax to be allowed any number of employees within the county wherein such tax has been paid, free from such liabilities. Provided, that any person, firm or corporation paying this tax shall be permitted to resell any automobile or other vehicle taken in exchange for automobiles without the payment of additional tax. In each county with a population of less than 20,000, $27.50. In each county with a population of between 20,000 and 30,000, $55.00. In each county with a population of between 30,000 and 50,000, $82.50. In each county with a population of between 50,000 and 75,000, $110.00. In each county with a population of between 75,000 and 100,000, $165.00. In each county with a population of between 100,000 and 150,000, $220.00. In each county with a population exceeding 150,000, $275.00, and by inserting in lieu thereof a new paragraph to be known as Paragraph 12, of Section 2, which shall read as follows, to-wit: 12th. Automobiles. Upon every agent of, upon every dealer in, and upon every person soliciting orders for the retail sale of automobiles, not including wholesale dealers or distributors soliciting or canvassing for local dealers or agents, the sum set out below, viz: In each county such dealer, agent or solicitor selling or offering for sale, at retail, automobiles shall be required to pay one license fee only, so as to provide that all persons soliciting orders or selling automobiles at retail shall pay a license to become a dealer or agent and such license shall entitle such persons to sell any make or makes of new or second-hand automobiles in the said,

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county in which said license is paid. Any agency having paid such tax to be allowed any number of employees within the county wherein such tax has been paid, free from such liabilities, Provided that any person, firm or corporation paying this tax shall be permitted to resell any automobile or other vehicle taken in exchange for automobiles without the payment of additional tax. In each county with a population of less than 20,000, $27.50. In each county with a population of between 20,000 and 30,000, $55.00. In each county with a population of between 30,000 and 50,000, $82.50. In each county with a population of between 50,000 and 75,000, $110.00. In each county with a population of between 75,000 and 100,000, $165.00. In each county with a population of between 100,000 and 150,000, $220.00. In each county with a population exceeding 150,000, $275.00. Provided, however, that nothing in this Act shall conflict with Paragraph 12-A of the said General Tax Act, relating to second-hand dealers. Act of 1919 amended Section 2, page 12 stricken. New par. 12. Autonobiles. Dealers' licenses. Scale. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1920. PROFESSIONS, TAXATION OF. No. 743. An Act to amend an Act approved August 20, 1918, entitled An Act to annually, in addition to the ad valorem tax on real estate and personal property as now required by law, levy and collect a tax for the support of the State Government and public institutions; for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public debt; to pay maimed and indigent Confederate soldiers and widows of Confederate

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soldiers such amounts as are allowed them by law; to pay the public debt when due, 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 subdivision eighty-eight (88) of section two (2) of said Act be and the same is hereby amended by adding at the end of said subdivision (88) the following, to-wit: And no municipal corporation or county authorities shall levy or collect any additional tax on the professions, businesses or occupations enumerated in said subdivision 88 of Section 2 of said Act, either as a license, special tax, fee, or otherwise, so that said subdivision 88 of Section 2 where so amended shall read as follows: 88. Professions. Section 1. Upon each and every practitioner of law, medicine, osteopathy, dentistry and upon each and every veterinary surgeon, optician, masseur, architect, public accountant, adjuster of fire losses, or embalmer charging for their services as such, $10.00, and no municipal corporation or county authority shall levy or collect an additional tax on the professions, businesses, or occupations enumerated in said subdivision 88, of Section 2, of said Act, either as license, special tax, fee, or otherwise. Act of 1918 amended. County and municipal taxes forbidden. 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 17, 1920. RETURNS; EXAMINATIONS BY BOARDS IN CERTAIN COUNTIES. No. 538. An Act to authorize County Boards of Tax Assessors in counties in this State which have cities within their limits of eighty thousand (80,000) population or more

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to meet each year on the first day of April and to continue in session, from time to time, not later than August 1st of each year, for the purpose of examining the returns of both real and personal property of each tax payer in said counties, for the purpose of determining if any tax payer has omitted from his returns any property that should be returned, or has failed to return any of his property at a just and fair valuation, and for 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 Boards of County Tax Assessors in counties in this State which have within their limits cities of eighty thousand (80,000) population or more, be and they are hereby authorized to meet annually on the first day or April and to continue in session, from time to time, not later than the first day of August of each year, for the purpose of examining returns of both real and personal property of each tax payer to ascertain if said tax payer has omitted from his return any property that should be returned, or has failed to return any of his property at a just and fair valuation, and said board shall correct such returns and shall assess and fix the just and fair valuation to be placed on said property and shall make a note thereof and attac same to such returns. Examination of returns. Correction of returns. 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, so far as they shall conflict. Approved August 7, 1920.

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TITLE III. Amendments to Constitution. ACTS. Art. 6, Sec. 13, Par. 1. Salaries of Justices of Supreme Court, and Justices of Court of Appeals. Art. 7, Sec. 1, Par. 1. Pensions to Confederate Soldiers and Widows. Art. 7, Sec. 7, Par. 1. Municipal Street Improvement Bonds. West Point Bonded Debt Increase. Art. 8, Sec. 6, Par. 1. University and High School Appropriations. Art. 11. Sec. 1, Par. 2. Brantley County, Creation Of. Lamar County, Creation Of. Lanier County Act Amended. Lanier County in Alapaha Circuit. Long County, Creation Of. Seminole County, Creation on Of. LANIER COUNTY IN ALAPAHA CIRCUIT. No. 783. An Act to amend the Act approved August 11, 1919, proposing to amend Paragraph 2, Section 1, Article 2 of the Constitution of the State creating the County of Lanier, so that, in the event of the creation of said County of Lanier, it shall be placed in the Alapaha Judicial Circuit, instead of the Southern Judicial Circuit, as originally provided in said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 11, 1919, proposing to amend Paragraph 2, Section 1, Article 2, proposing to create the County of Lanier, be and the same shall be amended as follows: By striking from the sixth line from top of Page 71 of the Acts of the General Assembly

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of Georgia, 1919, the word Southern, and by inserting in lieu thereof the word Alapaha so that in the event of the ratification by the people of Georgia of such amendment to the Constitution creating said County of Lanier, said new county shall be and constitute a part of the Alapaha Judicial Circuit, and so remain until thereafter properly changed by law, and Section 1 of said Act, when thus amended, shall read as follows: The said County of Lanier shall be attached to the Eleventh Congressional District, the Alapaha Judicial Circuit, and the Sixth Senatorial District, etc. Act of 1919 amended. Part of Alapaha circuit. Sec. 2. 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, 1920. SALARIES OF JUSTICES OF SUPREME COURT AND JUDGES OF COURT OF APPEALS, AND JUDGES OF SUPERIOR COURTS. No. 773. An Act to amend Paragraph 1, Section 13, of Article 6, of the Constitution of Georgia, in so far as the same relates to salaries of Justices of the Supreme Court, and of Judges of the Court of Appeals, and of Judges of the Superior Courts, so as to increase the salaries of the Justices of the Supreme Court, the Judges of the Court of Appeals, the Judges of the Superior 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 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

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Judges of the Superior Courts, be and the same is hereby amended so as to provide that the Justices of the Supreme Court each shall have out of the Treasury of the State salaries of $7,000.00 per annum; the Judges of the Court of Appeals each shall have out of the Treasury of the State salaries of $7,000.00 per annum; the Judges of the Superior Court each shall have out of the Treasury of the State salaries of $5,000.00 per annum; provided that the County of Chatham shall, from its treasury, pay to the Judge of the Superior Courts of the Eastern Circuit $3,000.00 per annum; said payments are hereby declared to be a part of the court expenses of said county, and shall be made to the judge now in office as well as his successors. Provided further, That the Board of County Commissioners of Fulton County, or such other board of persons as may from time to time exercise the administrative powers of Fulton County, shall have power and authority to pay the Judges of the Superior Court of Fulton County such sums, in addition to the salaries paid by the State, as said administrative authority or authorities may deem advisable, and the amounts so paid are declared to be a part of the court expenses of said county. Provided further, That the Board of County Commissioners of the counties of Clarke, Floyd, Sumter, Bibb and Richmond, or such other board or person as may from time to time exercise the administrative powers of said several counties, may supplement from their respective county's treasuries the salaries of the Judges of the circuits of which they are a part by such sum as may be necessary with salaries paid each of said judges from the State Treasury to make a salary of $6,000.00 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 may supplement the salary of the Judge of the Stone Mountain Circuit, or the judges of such other circuit as may be hereafter required to regularly

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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 $6,000.00 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. The provisions of this amendment shall take effect 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 the incumbents in the several offices, as well as their successors. Art. 6, sec. 13, par. 1 amended. Increase of salaries per annum. In Fulton county. In certain other counties. Court expenses of Fulton county 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 ayes and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each Congressional District for 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 in their ballots the words: For ratification of amendment to Paragraph 1 of Section 13, of Article 6, of the Constitution fixing the 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 p e rsons 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 the 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

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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. Submission to popular vote. Proclamation. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict herewith are repealed. PENSIONS TO CONFEDERATE SOLDIERS AND WIDOWS. No. 737. An Act to amend Paragraph 1, Section 1, Article 7, of the Constitution of this State so as to strike from said paragraph the word now in the second and ninth line of said paragraph and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act, that Paragraph 1, Section 1, Article 7, of the Constitution of this State, as amended by the Act approved July 20, 1918, be amended by striking from the second and ninth line of said paragraph the word now so that said paragraph when amended by this Act will read as follows: Art. 7, sec. 1, par. 1 amended. To make provision for the payment of pensions to any ex-Confederate Soldier, residing in this State January 1st, 1920, who elisted in the military service of the Confederate States during the Civil War between the States of the United States, and who performed actual military service in the armies of the Confederate States or of the organized militia of this State and was honorably discharged therefrom; and to widows now residents of this State, of ex-Confederate soldiers who enlisted in the military

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service of the Confederate States and who performed actual service in the armies of the Confederate States or of the organized militia of this State who died in said military service, or was honorably discharged therefrom, who was married prior to January 1st, 1881. No widow of a soldier killed during the war shall be deprived of her pension by reason of having subsequently married another veteran who is dead, unless she is receiving a pension on account of being the widow of such second husband. To be read. Qualifications. Sec. 2. Be it further enacted by the authority aforesaid, That this constitutional amendment shall be agreed to by a two-thirds vote of the members of the General Assembly of each House, the same shall be entered on each Journal 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 two months immediately preceding the next general election and the voters thereat shall have written or printed on their ticket: For the ratification of the amendment to Paragraph 1, Section 1, Article 7, of the constitutional amendment which strikes the word now in the second and ninth line of said paragraph, or Against ratification of the amendment of Paragraph 1, Section 1, Article 7, of the Constitution, which strikes out the word now in second and ninth line of said paragraph, as they may choose, and if a majority of the electors qualified to vote for members of the next General Assembly voting shall vote in favor of said ratification, then said amendment shall became a part of Paragraph 1, Section 1, Article 7, of the Constitution of this State, and the Governor shall make proclamation thereof. Publication and submission topopular vote. Proclamation. Sec. 3. Any soldier doing service in the Confederate army, whether he belonged to the Confederate army or whether he belonged to the militia of any Confederate State and served with the Confederate army, shall be eligible to draw a pension.

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MUNICIPAL STREET IMPROVEMENT BONDS. No. 813. An Act to amend Paragraph 1, Section 7, Article 7, of the Constitution of the State by adding thereto the following words: Provided any municipality having a population of 150,000 or more can issue and sell street improvement bonds, without the said assent of two-thirds of the qualified voters at an election called thereon, but upon a two-thirds vote of the members of its governing body, with these limitations: First, the terms of such bonds shall in no case exceed ten years. Second, the amount of each issue shall be limited to the amount assessed by such municipality upon each improvement. Third, these bonds shall be issued only for the grading and paving or repaving of streets or portions of streets. Fourth, the interest thereon shall not exceed six per centum per annum. Fifth, these bonds can be issued without regard to the amount of other outstanding debts or bonds of such municipality. Sixth, these bonds not to be issued except in case such pavement or repavement has been petitioned for in writing by the owners of more than fifty per cent of the property abutting on the street or portion of street paved or repaved; 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 Paragraph 1, Section 7, Article 7, of the Constitution of this State be amended by adding thereto the following proviso: Art. 7, sec. 7, par 1 amended. Provided, any municipality having a population of 150,000 or more can issue and sell street improvement bonds, without the said assent of two-thirds of the qualified voters at an election called thereon, but upon a two-thirds vote of the members of its governing body, with

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these limitations: First, the time of such bonds shall in no case exceed ten years. Second, the amount of each issue shall be limited to the amount assessed by such municipality upon each improvement. Third, these bonds shall be issued only for the grading and paving or repaving of streets or portions of streets. Fourth, the interest thereon shall not exceed six per centum per annum. Fifth, these bonds can be issued without regard to the amount of other outstanding debts or bonds of said municipality. Sixth, these bonds not to be issued except in case such pavement or repavement has been petitioned for in writing by the owners of more than fifty per cent of the property abutting on the street or portion of street paved or repaved; so that said paragraph, when so amended, shall read as follows: Paragraph 1. The debt hereafter incurred by any county, municipal corporation or political division of this State, except as in the Constitution provided for, shall not exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt, except for a temporary loan or loans to supply casual deficiencies of revenue, not exceeding one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of two-thirds of the qualified voters thereof voting at an election for that purpose, to be held as prescribed by law, provided said two-thirds so voting shall be a majority of the registered voters, and provided further that all laws, charter provisions and ordinances heretofore passed be enacted providing special registration of the voters of the counties, corporations and other political divisions of this State to pass upon the issuance of bonds of such counties, municipal corporations and political divisions are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political divisions made prior to January 1st, 1918, shall

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not be affected hereby, but any city the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the adoption of this Constitution may be authorized by law to increase at any time the amount of said debt three per centum upon such assessed valuation. Provided, any municipality having a population of 150,000 or more can issue and sell street improvement bonds without the said assent of two-thirds of the qualified voters at an election called thereon, but upon a two-thirds vote of the members of its governing body, with these limitations: First, the term of such bonds shall in no case exceed ten years. Second, the amount of each issue shall be limited to the amount assessed by such municipality upon each improvement. Third, these bonds shall be issued only for the grading and paving or repaving of streets or portion of streets. Fourth, the interest thereon shall not exceed six per centum per annum. Fifth, these bonds can be issued without regard to the amount of other outstanding debts or bonds of said municipality. Sixth, these bonds not to be issued except in case such pavement or repavement has been petitioned for in writing by the owners of more than fifty per cent. of the property abutting on the street or portion of street paved or repaved. To be read. Assent. Term of bonds. Amount. Purpose. Interest. Other debts. Petition. Sec. 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to the two Houses of the General Assembly, and the same has been entered on their Journals, with the Ayes and Nays thereon, the Governor shall cause said amendment to be published in at least two newspapers in each Congressional District in this State for a period of two months next preceding the time of holding the next general election. Publication. Sec. 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification to the electors of this State at the

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next general election to be held after the publication, as provided in the second section of this Act, in the several election districts of this State, at which every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment of the Constitution shall have written or printed upon their ballots the words, For ratification of amendment to Paragraph 1, Section 7, Article 7, of the Constitution so as to authorize any municipality having a population of 150,000 or more to issue `street improvement bonds,' upon a two-thirds vote of the members of its governing body, provided each bond shall not run for exceeding ten years and shall be limited to the amount assessed by such municipality upon each improvement and shall be issued only for the grading and paving or repaving of streets or portions of streets and the interest thereon shall not exceed six per centum per annum; furthermore, these bonds to be issued without regard to the amount of other outstanding bonds of such municipality, and all persons opposed to the adoption of said amen ment shall have written or printed on their ballots the words, Against ratification of amendment to Paragraph 1, Section 7, Article 7, of the Constitution so as to authorize any municipality having a population of 150,000 or more to issue `street improvement bonds' upon a two-thirds vote of the members of its governing body, provided such bonds shall not run for exceeding ten years and shall be limited to the amount assessed by such municipality upon each improvement, and shall be issued only for the grading and paving or repaving of streets or portions of streets, and the interest thereon shall not exceed six per centum per annum; furthermore, these bonds to be issued without regard to the amount of other outstanding bonds of such municipality; and if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof when the returns shall be consolidated as now required

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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 result of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified. Submission to popular vote. Proclamation. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1920. WEST POINT BONDED DEBT INCREASE. No. 592. An Act to amend Paragraph 1 of Section 7 of Article 7 of the Constitution of this State, as now amended, so as to provide for allowing the City of West Point to increase its bonded indebtedness, in addition to and separate from the amount of debts heretofore allowed under said paragraph, under certain circumstances, for the purpose of flood protection. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Paragraph 1 of Section 7 of Article 7 of the Constitution of this State as now amended is hereby amended by adding at the end of said paragraph the following: Except that the City of West Point from time to time as necessary for the purpose of protection against flood may incur a bonded indebtedness in and addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of seven hundred and fifty thouasnd dollars ($750,000.00) and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of such city at

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an election or elections to be held as may be now, or may hereafter prescribed by law for the incurring of new debts by said City of West Point, so that said paragraph of the Constitution when amended shall read as follows: Paragraph 1. The debt hereafter incurred by any county, municipal corporation or political division of this State, except as in this Constitution provided for, shall not exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt, except for temporary loan or loans to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the annual value of taxable property therein, without the assent of two-thirds of the qualified voters thereof at an election for that purpose, to be held as may be prescribed by law; but any city, the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the adoption of this Constitution may be authorized by law to increase, at any time, the amount of said debt, three per centum upon such assessed valuation; except that the City of Augusta, from time to time, as necessary for the purpose of protection against flood, may incur a bonded indebtedness upon its power producing canal and municipal waterworks, in addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding fifty per centum of the combined value of such properties, the valuation of such properties to be fixed as may be prescribed by law, but said valuation not to exceed a figure five per cent. on which shall represent the net revenue per annum produced by the two such properties together as the time of said valuation, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of said city at an election or elections for that purpose to be held as may be now or may hereafter be prescribed by law for the incurring of new debts by said the City Council of Augusta; except that the City of West Point, from time to time, as

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may be necessary for the purpose of protection against floods, may incur a bonded indebtedness in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of seven hundred and fifty thousand dollars and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of such city at an election or elections to be held as may now or hereafter prescribed by law for the incurring of new debts by said City of West Point. Art. 7, sec. 7, par. 1 amended. To be read. Bonds for floor protection. Amount assent. Sec. 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the Ayes and Nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each Congressional District in this State for a period of two months next preceding the time of holding the next general election. Publication. Sec. 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is now entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots, For amendment allowing City of West Point to increase its bonded indebtedness for flood protection, and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words, Against the amendment allowing City of West Point to increase its bonded indebtedness for flood protection. to popular vote.

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Sec. 4. Be it further enacted by the authority aforesaid, That the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in Paragraph 1 of Section 1 of Article 13, and by this Act and if ratified the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of election for members of the General Assembly, to count and ascertain the results, issue his proclamation for one insertion in one of the daily newspapers of this State, announcing such results and declaring the amendment ratified. Proclamation. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920. UNIVERSITY AND HIGH SCHOOL APPROPRIATIONS. No. 767. An Act to propose to the people of Georgia, for their ratification or rejection, an amendment to Article 8, Section 6, Paragraph 1 of the Constitution of the State of Georgia. The following amendment is hereby proposed to the people by the General Assembly to Article 8, Section 6, Paragraph 1 of the Constitution of Georgia, by striking from said Paragraph 1 of said article and section the following words, to-wit: Art. 8, sec. 6, par. 1 amended. May from time to time make such donations thereto as the condition of the Treasury authorize; and the General

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Assembly may also from time to time make such appropriations of money as the condition of the Treasury authorize to any college or university, not exceeding one in number, now established, or hereafter to be established, in this State for the education of persons of color; and insert in said Paragraph 1 of said Article 8, Section 6, in lieu of said words, the following words: Shall from time to time make such appropriations to the University, and High Schools, as the condition of the Treasury authorize. Words stricken. Words substituted. The Governor of the State is hereby directed and required to cause the above and foregoing amendment to be published in one newspaper in each Congressional District for two months previous to the time of holding the next general election, and he shall also provide for the submission of said amendment to the people at such general election for their ratification or rejection. The form in which said amendment shall be submitted shall be as follows: For ratification of amendment of Paragraph 1, of Article 8, Section 6 of the Constitution which strikes from the Constitution the words: `May from time to time make such donations thereto as the condition of the Treasury authorize; and the General Assembly may also from time to time make such appropriations of money as the condition of the Treasury authorize to any college or university, not exceeding one in number, now established, or hereafter to be established in this State for the education of persons of color.' And, Against ratification of amendment of Paragraph 1, of Article 8, Section 6 of the Constitution which strikes from the Constitution the words: `May from time to time make such donations thereto as the condition of the Treasury authorize; and the General Assembly may also from time to time make such appropriations of money as the condition of the Treasury authorize to any college or university, not exceeding one in number, now established, or hereafter to be established in this State for the education of persons of color.' Publication. Submission to popular vote.

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The Governor shall cause the returns of said election to be made to the Secretary of State, who shall consolidate the vote and certify the same to the Governor, and if it should appear that a majority of the qualified voters voting at said election voted in favor of the ratification of this amendment, then the Governor by his proclamation shall declare it a part of the Constitution of this State. Proclamation. Approved August 17, 1920. BRANTLEY COUNTY, CREATION OF. No. 626. An Act to propose an amendment to Paragraph 2, Section 1, Article 11 of the Constitution of the State of Georgia. The General Assembly of the State of Georgia hereby purpose to the qualified electors of said State an amendment to Paragraph 2, Section 1, Article 11 of the Constitution of the State of Georgia, as heretofore amended, so as to provide for the creation of a new county to be known as Brantley, and for other purposes. Section 1. In addition to the counties now provided for by the Constitution of Georgia, as amended, there shall be organized, by this further amendment to Paragraph 2, Section 1, Article 11, another new county to be known as Brantley, the same to be laid out from the Counties of Pierce, Charlton and Wayne, and shall include all of the territory embraced within boundaries as follows, to-wit: Beginning at the southeast corner of Pierce County, at the southeast corner of lot of land number three hundred (300) in the 9th District of Pierce County, and thence northwards along the line between Pierce and Charlton Counties to the southwest corner of land lot number thirteen (13), in the 2nd District of Charlton County; thence eastwards along the south line

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of land lots numbers thirteen (13), fifty-two (52), seventy-seven (77), one hundred and sixteen (116), one hundred and forty-one (141), one hundred and eighty (180), two hundred and five (205), and fractional lot two hundred and forty-four (244), and thence continuing in a straight line to Buffalo Creek, and thence eastwards along the line between Counties of Charlton and Wayne to the Big Satilla River and the western line of Camden County; thence northwards along the line between Wayne and Camden Counties to the Glynn County line; thence further northwards along the line between the Counties of Wayne and Glynn to a point on said county line one mile north of the main line of the Atlanta, Birmingham and Atlantic Railway; thence westwards along a line one mile north of and parallel with the aforesaid main line of the Atlanta, Birmingham and Atlantic Railway to the Little Satilla River, and the line between the Counties of Wayne and Pierce; thence southeast along the channel of the Little Satilla River to the southwest corner of land lot number one (1) in the 3rd District of Wayne County; thence southwards along the west lines of land lots numbers thirty-two (32) and thirty-one (31), in the 2nd Disrict of Pierce County, to the channel of the Big Satilla River; thence westwards up the channel of the Big Satilla River, through Pierce County, to the county line between Pierce and Ware Counties; and thence south and southeast along the county line between Pierce and Ware Counties to the Charlton County line; and thence eastwards along the county line between Pierce and Charlton to the southeast corner of Pierce County, the point of beginning aforesaid. Art. 11, sec. 1, par. 2 amended. Brantley county to be created. Territorial description. The county site of said new county, Brantley, shall be Hoboken, Georgia. Hoboken the county site. Said county shall be attached to the Eleventh Congressional District, to the Waycross Judicial Circuit; and to the Third Senatorial District, until changed by the General Assembly of Georgia. Congressional and districts and senatorial judicial circuit.

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Terms of Superior Court shall be two in number, held on the first Monday in June, and on the fourth Monday in November, in each year, until the number of said terms and time of holding the same shall be changed by the General Assembly. Superior courts. Justices of the Peace and Constables cut off into the new county shall continue to exercise the duties and powers of their respective offices until new militia districts are laid off in said new county, and until their successors are elected and qualified. Justices and constables. The voters of said new county qualified to vote for members of the General Assembly under the laws of Georgia shall, on the second Wednesday in December, 1920, elect an Ordinary, Clerk of Superior Court, Sheriff, Coroner, Tax Collector, Tax Receiver, County Treasurer, County Surveyor, County School Superintendent, and Representative in the General Assembly, who shall hold office until the next general election for county officers shall be held in the State of Georgia, and until their successors are elected and qualified, and said officers shall qualify, give bond, and take oath as prescribed by law. Said election shall be held at the schoolhouse at Hoboken, the county seat of said county, by managers appointed by the Ordinary of Pierce County for said purpose, or by three freeholders in event the managers so appointed fail or refuse to hold said election; and said election shall be held under the laws now of force relating to the manner of holding elections for county officers. The officers elected at said election shall enter upon the discharge of their respective duties on the 1st day of January, 1921. Election of county officers. The ordinaries of the counties from which said new county is laid out shall furnish the managers of said election with a list of the legal voters registered in their respective counties who reside within the territory included in said new county. List of voters.

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Sec. 2. The provisions of Sections 829 to 848, inclusive, of the Code are hereby made applicable to said new county; and said new county, when created, shall be a statutory county, and subject to all general laws of this State applicable to the counties thereof. Code provisions applicable. Sec. 3. The county authorities of said new county shall have the right to create a debt for and on behalf of said county to defray the public expenses thereof for the first year, without submitting the same to a vote of the qualified voters thereof. Creation of debt. Sec. 4. Said new county, when created, shall be entitled to one representative in the Lower House of the General Assembly of Georgia, and the membership of said House shall be increased by one, so as to admit of representation therein for said new county. Representation in General Assembly. Sec. 5. The General Assembly is authorized to correct any mistake or mistakes, or inaccuracies, in reference to the boundaries of said new county. Correction of mistakes in boundaries. Sec. 6. Whenever the constitutional amendment hereby proposed shall be agreed to by two-thirds of the members of the two Houses of the General Assembly, and the same entered on their Journals, with the Yeas and Nays taken thereon, the Governor shall cause said proposed amendment to be published in at least two newspapers in each Congressional District in this State for a period of two months next preceding the next general election; and the Governor shall provide for the submission of this proposed amendment to the electors of the State at the next general election to be held therein, for their ratification or rejection. All persons voting in said election in favor of said proposed amendment, shall have written or printed on their ballots the words, For the amendment to the Constitution creating the new County of Brantley; and those opposed thereto shall have written or printed on their ballots the words, Against the amendment to the Constitution creating the new County

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of Brantley. The returns of said election shall be made to the Secretary of State, who shall certify the result thereof to the Governor; and if said proposed amendment be ratified by a majority of the voters voting in said general election, the Governor shall issue his proclamation to said effect. Publication. Submission to popular vote. Proclamation. Approved August 14, 1920. LAMAR COUNTY, CREATION OF. No. 738. An Act to propose to the qualified voters 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 of the qualified voters of this State of the several Acts, approved, respectively, on July 19, 1904, July 31, 1906, July 30, 1912, August 14, 1912, July 7, 1914, July 27, 1914, August 11, 1914, August 18, 1917, August 21, 1917, and July 30, 1918, and for other purposes. Section 1. Be it enactd by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the following amendment is hereby proposed to Paragraph 2, Section 1, Article 11 of the Constitution of the State of Georgia, as amended by the ratification of the qualified voters of said State, of the several Acts approved, respectively, on July 19, 1904, July 31, 1906, July 30, 1912, August 14, 1912, July 7, 1914, July 27, 1914, August 11, 1914, August 18, 1917, August 21, 1917, and July 30, 1918, to-wit: Art. 11, sec. 1, par. 2 amended. By adding to said paragraph the following language: Provided, however, that in addition to the counties now provided for by this Constitution, there shall be a new county laid out and created from the territory now

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comprising the counties of Pike and Monroe, to be made up and composed of all of that part of the territory of the Counties of Pike and Monroe described and contained within the boundaries as follows: Lamar county to be created. Beginning at the northwest corner of land lot 185 adjoining Spalding and Pike County line in the 2nd District of Pike County and running along land lot lines southward to northwest corner of land lot 75 in the 8th District, Pike County, Georgia; thence west along land lot line between land lots 86 and 87 to the northwest corner of land lot 86; thence south along line between land lots 86 and 107 to northwest corner of land lot 85; thence west along lines between land lots 107 and 108 to northwest corner land lot 108; thence south along land lot line to Upson County lines at southwest corner land lot 112 in 8th District, Pike County, Georgia; thence east along land lot lines between Pike and Upson to Pike and Monroe County lines at southeast corner land lot 113 in Pike County, Georgia; thence south along line between Upson and Monroe County to southwest corner of land lot 130 in 11th land District of Monroe County; thence east along land lot line to southeast corner of land lot 28 in 11th District, Monroe County, and thence north along land lot line to northeast corner land lot 29; thence east along land lot lines to south corner of land lot 8, Monroe County, Georgia, 11th District, and thence north along lines between land districts 11 and 12, 7 and 6 and 3 and 4 to Butts County line at northeast corner of land lot 247 in 3rd District of Monroe County, Georgia; thence west to northwest corner of land lot 138, Monroe County, Georgia, said land lot being in 3rd District, Monroe County; thence southward along present county lines between counties of Monroe and Spalding to present Pike County line; thence west along county line between counties of Spalding and Pike to beginning point, on northwest corner of lot of land 185 in the 2nd District of Pike County, Georgia, the present county lines between Monroe and Butts, Monroe

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and Spalding, Pike and Spalding being the northern boundary line of the proposed County of Lamar. Territorial description. That the said new county shall be known as the County of Lamar, and the City of Barnesville shall be the new county site of the same. Barnesville, county site. That, irrespective of other provisions of this Constitution, said County of Lamar shall, upon its creation, be entitled to one representative in the House of Representatives of this State, and said County of Lamar shall be entitled to one representative in the House of Representatives of Georgia until the apportionment shall be changed by law, in accordance with the provisions of this Constitution. Representation in House. That the said County of Lamar shall be attached to the same Congressional District, and to the same Judicial Circuit, and to the same State Senatorial District as those to which the County of Pike is attached at the date of the ratification of this amendment. Congressional and senatorial districts, and judicial circuit. That all legal voters residing in the County of Lamar entitled to vote for members of the General Assembly under the laws of Georgia, shall, on the first Wednesday in January following the ratification of this proposed amendment, elect a Representative in the House of Representatives of this State, and an Ordinary, a Clerk of the Superior Court, a Sheriff, a Coroner, a Tax Collector, a Tax Receiver, a County Treasurer, and a County Surveyor. Said special election shall be held at the several election precincts existing within the limits of said Lamar County at the time of the adoption of this amendment; and the Ordinary of Pike County shall appoint election managers for such election precincts as may be located in Pike County at the time of the adoption of this proposed amendment; and the Ordinary of Monroe County shall appoint election managers for such precincts as may be located in Monroe County at the time of the adoption of this proposed amendment. On the day succeeding the

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holding of said election the election managers shall meet at the Council Chamber of the Mayor and City Council of the City of Barnesville and consolidate the vote for the officers named; and the general laws of this State now in force as to elections, consolidation of votes, the return of the election and the commission of officers shall be applicable to the officers elected at the election herein provided for. The officers elected at said election and the Representative in the House of Representatives shall hold their offices until the next general election for such officers throughout the State, and until their successors are elected and qualified. The General Assembly is hereby given power to create any additional statutory offices in said county or statutory courts therein, and to provide for filling said offices. Any vacancies that may occur before the next general election after the elections as herein provided may be filled in the same manner as such vacancies are now filled under the law. The Justices of the Peace and the Constables residing in the territory included within the limits of said County of Lamar shall exercise the duties and powers of their offices until new militia districts are laid out in said County of Lamar as now provided by law, and the Justices of the Peace and the Constables elected therefor. Election of county officers. Additional offices. Vacancies. Justices and constables. That the Superior Courts of said Lamar County shall be held on the first Monday in March and the first Monday in September of each year. Superior courts. That the Congressional and Senatorial Districts, the Judicial Circuit to which the said Lamar County is attached, the times of holding the terms of the Superior Court, and the limits of the county shall be as designated above until changed by law. Provided, That the laws applicable to the organization of new counties as found in Sections 829 to 848, inclusive, of the Code of 1910 of Georgia, and any other Acts or sections having applicability, are hereby made

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applicable to said County of Lamar, whenever the same may be created by the proposed amendment to the Constitution and that said new county, when created, shall become a statutory county and shall be subject to all laws applicable to all other counties of the State. Code provisions applicable. General laws applicable. That the property of all taxpayers included within the limits of the said Lamar County as hereinbefore designated is hereby made ratably chargeable with any debt that may have been incurred by either of the counties from which the territory included in the new County of Lamar is taken by the legally constituted authorities of the counties 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 for either of said counties. The value of the taxable county included within the limits of the said County of Lamar at the time of the adoption of this amendment to the Constitution in proportion to the value of the property in the counties from which the said County of Lamar is taken shall determine the proportionate amount of the indebtedness which shall be borne by the property of the taxpayers located within the limits of said proposed new county. Debt borne by property of taxpayers. Authority is hereby given to the Ordinary of the said County of Lamar and to the officers of the counties from which said territory is taken who are charged with the management of the business of said counties to settle and agree upon an amount of the said indebtedness that shall be assessed against and paid by the said County of Lamar; and it is hereby made the duty of the Ordinary of the said County of Lamar, when the amount of indebtedness with which the said County of Lamar is chargeable is so ascertained, to cause a tax to be levied upon all of the property within the limits of said County of Lamar sufficient to pay off and discharge the proportionate part of the indebtedness due by the said Lamar County. Tax for indebtedness.

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In the event of the failure or refusal of the Ordinary of Lamar County to levy such tax, it shall be the duty of the Judge of the Superior Court of the Circuit to which said County of Lamar is attached to compel the Ordinary of the said County of Lamar to perform the duty herein required of him. In the event of the failure of the authorities of the counties from which the said Lamar County is created and the Ordinary of said Lamar County to ascertain and agree upon the amount of said indebtedness, then either of said counties may bring a suit against the said County of Lamar in the Superior Court of said County of Lamar for the purpose of having the proportion of said debt so assumed by the said County of Lamar ascertained, and the said Superior Court is hereby given power to enforce whatever judgment may be had as to the result of such trial by compelling the Ordinary of said Lamar County to levy a tax sufficient for the payment of the indebtedness found to be due by the County of Lamar, cause the same to be collected and paid to the constituted authorities of the county or counties from which said Lamar County is created entitled to receive the same. Failure to levy tax. It is specially provided that all ad valorem and all other special taxes and all other revenues realized for the year in which this amendment is adopted or ratified by the qualified voters of this State shall be applied to any indebtedness, except bonded indebtedness, due and owing by either of the said counties from which the said Lamar County is created; it being the purpose of this provision to fix the basis of settlement between the counties involved upon their financial condition on the 31st day of December, next, following the ratification of this amendment. Special taxes applied to debt. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That whenever the above proposed amendment to the Constitution shall be agreed upon by two-thirds of the members elected to each of the two Houses of the General Assembly,

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and the same has been entered on their Journals, with the years and nays taken thereon, the Governor shall be, and he is hereby authorized and instructed to cause the above proposed amendment to be published in at least two newspapers in each Congressional District of this State for the period of two months next preceding the time of holding the next general election, and the Governor is further authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of this State at the next general election to be held after such publication, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment shall have written or printed on their ballots the words, For amendment to the Constitution creating the County of Lamar; and all persons voting at said election against the adoption of the said proposed amendment shall have written or printed on their ballots the words, Against the amendment to the Constitution creating the County of Lamar. Publication. Submission to popular vote. If a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for the ratification of said proposed amendment, then the Governor shall, when he ascertains the same from the Secretary of the State, to whom the returns of said election shall be referred in the manner as in cases of election for members of the General Assembly to count and ascertain results, issue his proclamation for one insertion in one daily paper of this State, announcing such results, and declaring the amendment ratified. Proclamation. 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.

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LANIER COUNTY ACT AMENDED. No. 505. An Act to amend an Act approved August 11, 1919, proposing to amend Paragraph 2, Section 1, Article 11, of the Constitution of the State of Georgia, so as to create the new County of Lanier, so as to better define the lines of said new county when created, provide for election managers, etc., in its first election, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the said Act approved August 11, 1919, to amend Paragraph 2, Section 1, Article 11, of the Constitution of this State to create the new County of Lanier be, and the same is hereby amended by striking from line 18, on page 70, Acts of the General Assembly of Georgia 1919, the words Lanier County; so that when thus amended that part of Section 1 of said Act pertaining to election managers in districts included in the territory to comprise Lanier County in its first election shall read as follows: Art. 11, sec. 1, par. 2 amended. And the Ordinary of the county in which said election precincts are located at the time of the adoption of this amendment shall appoint the election managers for such precincts, etc. To be read. Sec. 2. Be it further enacted by the authority aforesaid, That said Act of the General Assembly to amend Paragraph 2, Section 1, Article 11, of the Constitution of this State, proposing to create the new County of Lanier, approved August 19, 1919, be and the same is further amended by striking out all of that part of Section 1 of said Acton page 69, Acts of the General Assembly, 1919, beginning with the figures 379 on the end of line 9 on page 69 of said Act, 1919, down to and including the word point on page 70 of said Act, on line 2 from the top of said page, by inserting in lieu thereof the following: Words stricken.

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312, in the 10th land district of Berrien County, thence running south along the west line of Lots 312, 333, 358, 379, 404, 425 and 450 to the southwest corner of said Lot 450, thence westward along the north line of Lots 470 and 469 to the northwest corner of Lot 469, thence south along the west lines of Lots 469, 490 and 515, to the southwest corner of Lot 515, thence east along the south lines of Lots 515 and 516 to the northwest corner of Lot 231, all of said lots being in the 10th District of Berrien County; thence south along the west lines of Lots 231, 232, 233, 234, 235 and 236 to the southwest corner of said Lot 236, all said lots being in the 11th District of Lowndes County; thence east along the south lines of lots 236, 271, 282, 317, 328, 363, 374, 409, 420 to the run of Alapaha River in Lowndes County, all in the 11th District of Lowndes County, and thence down the run of said Alapaha River in a southerly and southeasterly direction to the south line of land lot 458, thence east along the south lines of Lots 458, 463, 504, 509, in the 11th District, to the southeast corner of said Lot 509, Clinch County; thence north along the east lines of Lots 509, 508, 507, in the 11th District and 529, 484, 483, 438, 437, 392, 391, 346, 345, 300, 299, 254, 253, to the northeast corner of said Lot 253 in the 10th District, all in the County of Clinch; thence westward along the north lines of Lots 253, 252, 251, 250 and 249 to the run of Alapaha River in Clinch County, 10th District; thence down the run of Alapaha River in a southerly direction to where the run of said river crosses the north line of Lot 304 in the 10th District of Berrien County; thence westward along the north lines of Lots 304, 305, 306, 307, 308, 309, 310, 311 and 312, in the 10th District of Berrien County, to the northwest corner of said Lot 312, the starting point, so that said part of said Section 1 of said Act, when so amended, shall be to define the lines around said new county as follows: Words substituted. Section 1. The General Assembly of the State of

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Georgia hereby proposes to the people of Georgia an amendment to Paragraph 2, Section 1, Article 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 amendment to the above and foregoing paragraph, section and article of the Constitution of this State, is hereby created an additional county, which county, when created, shall be known as Lanier County. The territory for the formation of said County of Lanier shall be taken from the counties of Clinch, Berrien and Lowndes, and the territory so taken for the formation of said new County of Lanier shall be included within the following described boundaries, to-wit: Beginning at the northwest corner of land Lot 312, in the 10th land district of Berrien County, thence running south along the west line of Lots 312, 333, 358, 379, 404, 425 and 450 to the southwest corner of said Lot 450, thence westward along the north lines of Lots 470 and 469 to the northwest corner of Lot 469, thence south along the west lines of Lots 469, 498 and 515 to the southwest corner of Lot 515, thence east along the south lines of Lots 515 and 516 to the northwest corner of Lot 231, all of said lots being in the 10th District of Berrien County; thence south along the west lines of Lots 231, 232, 233, 234, 235 and 236 to the southwest corner of said Lot 236, all of said lots being in the 11th District of Lowndes County; thence east along the south lines of Lots 236, 271, 282, 317, 328, 363, 374, 409, 420 to the run of Alapaha River in Lowndes County, all of said lots in the 11th District of Lowndes County, and thence down the run of said Alapaha River in a southerly and southeasterly direction to where said run of said river crosses the present line between the Counties of Clinch and Echols, said line being the run of Cow Creek at said point, thence easterly and northeasterly along the run of said Cow Creek to a point where said creek leaves the present line between Clinch and Echols Counties, thence easterly and southeasterly

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along the present line between the Counties of Clinch and Echols to the southeast portion of lot of land 519 that lies in the present County of Clinch, and in the 11th District of said county; thence north along the east lines of lots of land 519, 518, 517, 516, 515, 514, 513, 512, 511, 510, 509, 508, 507 in the 11th District, and 529, 484, 483, 438, 437, 392, 391, 346, 345, 300, 299, 254, 253 to the northeast corner of said Lot 253, in the 10th District, all in the County of Clinch; thence westward along the north lines of Lots 253, 252, 251, 250 and 249 to the run of Alapaha River in a southerly direction to where the run of said river crosses the north line of Lot 304 in the 10th District of Berrien County; thence westward along the north lines of Lots 304, 305, 306, 307, 308, 309, 310, 311 and 312, in the 10th District of Berrien County, to the northwest corner of said Lot 312, the starting point. Territorial description. 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, 1920. LONG COUNTY, CREATION OF. No. 814. A Constitutional Amendment. The General Assembly of the State of Georgia hereby proposes to the qualified electors of said State an amendment to Paragraph 2, Section 1, Article 11, of the Constitution of the State of Georgia, as heretofore amended, to provide for the creation of a new county to be known as Long, and for other purposes. Section 1. The General Assembly of the State of Georgia proposes to the people of Georgia an amendment to Paragraph 2, Section 1, Article 11, of the Constitution

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of this State as heretofore amended, as follows, to-wit: That in addition to the counties now provided for by the Constitution, as heretofore amended, there shall be a new county known as Long, laid out from the County of Liberty, bounded as follows, to-wit: Art. 11, sec. 1, par. 2 amended. Long county to be created. Beginning at a point on the Altamaha River where the same is intersected by the county line between Liberty and McIntosh Counties; thence northeast and north along the aforesaid county line between McIntosh and Liberty to intersection thereof with South Newport River; and to the northwest corner of McIntosh County, at the point where said Liberty and McIntosh line is nearest the Atlantic Coast Line Railroad's main line; thence a straight line northwestward to the main line of the Atlantic Coast Line Railroad at a point one-half mile southwest of said railroad's depot at Lambert, Georgia (Post Office) and Walthourville Station; thence due north a straight line to the Walthourville and Smiley public road, north of Lambert, Georgia; thence northwestward a straight line to a point in the Ludowici and Hinesville public road three hundred (300) yards north of the residence of W. H. Devereaux in the 1756th G. M. District of Liberty County; thence northwestward a straight line to a point on the Roderick and Hinesville public road where same is intersected by the Walthourville public road from the southeast; thence west along the center of said Roderick and Hinesville public road a short distance to where the Walthourville public road leaves same towards the northwest; thence northwestwards along the center of said Walthourville public road past Gum Branch Post Office, old site to intersection thereof, with the Savannah public road or Beards Bluff public road about one and one-eighth (1 1-8) miles east of the Cross Roads School House; thence west along the center of said Savannah public road or Beards Bluff public road to where said Walthourville public road leaves same going northwest; thence along the center of said Walthourville public road to intersection of same with the Moody Bridge public

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road; thence northwards along the center of said Moody Bridge public road to the point where same crosses the Savannah and Southern Railroad right of way at Strain on said railroad and to the north line of said right of way; thence westward along the north line of the Savannah and Southern Railroad right of way to the first public road crossing at Lida depot on said railroad; thence westward along center of public road from Lida past Bear Branch School House to forks of said public road; and thence along the center of the northwest fork thereof, in a northwesterly direction to where said public road crosses the Liberty and Tattnall County line nearby and east of Hampton School House; thence southwards and south along the county line between Liberty and Tattnall to the Altamaha River and to the line between Liberty and Wayne Counties; thence southeast along the channel of said Altamaha River and along the county line between Liberty and Wayne to point of beginning. Territorial description. The county site of said county shall be the town of Ludowici, Georgia. Ludowici the county seat. Said county shall be attached to the 1st Congressional District, to the Atlantic Judicial Circuit and to the 2nd Senatorial District, until changed by the General Assembly of Georgia. Congressional district and judicial circuit. Terms of Superior Court in said county shall be held on first Mondays in March and September, in each year, until changed by the General Assembly. Superior court. Justices of the Peace and Constables cut off into the new county shall exercise the duties and powers of their offices until new militia districts are laid out in said new county as provided by law and until their successors are elected and qualified. Justices and constables. The voters of said new county qualified to vote for members of the General Assembly, under the laws of Georgia, shall, on the first Wednesday in December,

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1920, elect an Ordinary, Clerk of Superior Court, Sheriff, Coroner, Tax Collector, Tax Receiver, County Surveyor, County Treasurer, Representative, and County School Superintendent who shall hold office until the next general election for county officers shall be held in the State of Georgia, and until their successors are elected and qualified; said election shall be held at the usual voting places heretofore established, within the territory of said new county, and shall be conducted in the manner now prescribed by law for holding elections for county officers; and the officers elected therein shall qualify, give bond and take oath as prescribed by law, and enter upon the discharge of their respective duties on the first day of January, 1921. Election of county officers. Sec. 2. The provisions of Sections 829 to 848, inclusive, of the Code are hereby made applicable to said new county; and said county, when created, shall be a statutory county, and subject to all general laws applicable to counties of this State. Code provisions applicable. Sec. 3. The county authorities of said new county shall have the right to create a debt for and on behalf of said county to defray the public expenses thereof for the first year, without submitting the same to a vote of the qualified voters thereof. Creation of debt. Sec. 4. Said new county, when created, shall be entitled to one Representative in the Lower House of the General Assembly of Georgia, and the membership of the said House shall be increased by one, so as to admit of representation therein for said new county. Representation of General Assembly. Sec. 5. Whenever the constitutional amendment hereby proposed shall be agreed to by two-thirds of the members of both Houses of the General Assembly and the same entered on their Journals, with the Yeas and the Nays taken thereon, the Governor shall cause said proposed amendment to be published in at least two newspapers in each Congressional District in this State,

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for a period of two months next preceding the next general election; and the Governor shall provide for the submission of this proposed amendment to the electors of this State at the next general election to be held therein, for their ratification or rejection. All persons voting in said election in favor of said proposed amendment shall have written or printed on their ballots the words, For the amendment to the Constitution creating the County of Long; and those opposed thereto shall have written or printed on their ballots the words, Against the amendment to the Constitution creating County of Long. The returns of said election shall be made to the Secretary of State, who shall certify the result thereof to the Governor, and if said proposed amendment be ratified by a majority of the voters voting in said general election, the Governor shall issue his proclamation to said effect. Publication Submission to popular vote. Proclamation. Approved August 14, 1920. SEMINOLE COUNTY, CREATION OF. No. 319. The General Assembly of the State of Georgia hereby proposes to the qualified electors of said State an amendment to Paragraph 2, Section 1, Article 11 of the Constitution of the State of Georgia, as heretofore amended, to provide for the creation of a new county, to be known as Seminole, and for other purposes. Section 1. The General Assembly of the State of Georgia proposes to the people of Georgia an amendment to Paragraph 2, Section 1, Article 11 of the Constitution of this State, as heretofore amended, as follows, to-wit: That in addition to the counties now provided for by the Constitution, as heretofore amended, there shall be a new county, to be known as Seminole, laid out from the Counties

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of Decatur and Early, bounded as follows, to-wit: Beginning at the southwest corner of the State of Georgia, running thence eastward along the line between Georgia and Florida to the mouth of Flint River; thence up the channel of Flint River to the mouth of Spring Creek; thence northward up the western bank of Spring Creek to land lot (No. 131) number one hundred and thirty-one in the 21st District of Decatur County at a point opposite a public road known as Rhodes Ferry road, and thence west to a point one-half mile distant from the west bank of Spring Creek and thence northward along a line parallel with and one-half mile distant from the west bank of Spring Creek to the south line of Miller County; thence west along the south line of Miller County to the southwest corner of Miller County; thence west along the south line of Early County to the line between Georgia and Alabama; thence southward along the State line between Georgia and Alabama to the southwest corner of the State of Georgia and the line between Alabama and Florida continuing southward along the State line between Georgia and Florida to the southwest corner of the State of Georgia, the point of beginning. Art. 11, sec. 1, par. 2, amended. Seminole county to be created. Territorial description. The county site of said county shall be the town of Donalsonville, Georgia. Donalson, the county site. Said county shall be attached to the 2nd Congressional District, to the Pataula Judicial Circuit and the 8th Senatorial District, until changed by the General Assembly of Georgia. Congressional district and judicial circuit. Terms of Superior Court in said county shall be held on the third Mondays in February, June and October, in each year, until changed by the General Assembly. Superior court. Justices of the Peace and Constables cut off into the new county shall exercise the duties and powers of their offices until new militia districts are laid out in said new county as provided by law, and until their successors are elected and qualified. Justices and constables.

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The voters of said new county, qualified to vote for members of the General Assembly, under the laws of Georgia, shall, on the first Wednesday in December, 1920, elect an Ordinary, Clerk of the Superior Court, Sheriff, Coroner, Tax Collector, Tax Receiver, County Surveyor, County Treasurer, Representative, and County School Superintendent, who shall hold office until the next general election for county officers shall be held in the State of Georgia, and until their successors are elected and qualified. Said election shall be held at the usual voting places heretofore established, within the territory of said new county, and shall be conducted in the manner now prescribed by law for holding elections for county officers, and the officers elected therein shall qualify, give bond and take oath as prescribed by law, and enter upon the discharge of their respective duties on the 1st day of January, 1921. Election of county officers. Sec. 2. The provisions of Sections 829 to 848, inclusive, of the Code are hereby made applicable to said new county, and said new county, when created, shall be a statutory county, and subject to all general laws applicable to counties of this State. Code provisions applicable. Sec. 3. The county authorities of said new county shall have the right to create a debt for and on behalf of said county to defray the public expenses thereof for the first year, without submitting the same to a vote of the qualified voters thereof. Creation of debt. Sec. 4. Said new county, when created, shall be entitled to one Representative in the Lower House of the General Assembly of Georgia, and the membership of the said House shall be increased by one so as to admit of representation therein for said new county. Representation in House. Sec. 5. Whenever the constitutional amendment hereby proposed shall be agreed to by two-thirds of the members of the two Houses of the General Assembly, and the same entered on their Journals, with the Yeas and

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Nays taken thereon, the Governor shall cause said proposed amendment to be published in at least two newspapers in each Congressional district in this State for a period of two months next preceding the next general election; and the Governor shall provide for the submission of this proposed amendment to the electors of this State at the next general election to be held therein, for their ratification or rejection. All persons voting in said election in favor of said proposed amendment shall have written or printed on their ballots the words, For the amendment to the Constitution creating the County of Seminole, and those opposed thereto shall have written or printed on their ballots the words, Against the amendment to the Constitution creating the County of Seminole. The returns of said election shall be made to the Secretary of State, who shall certify the result thereof to the Governor, and if said proposed amendment be ratified by a majority of the voters voting in said general election, the Governor shall issue his proclamation to said effect. Publication. to popular vote. Proclamation. Approved July 8, 1920. REPRESENTATION TO NEW COUNTIES. No. 49. A Resolution. The following amendment is hereby proposed to the Constitution of the State: Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That Article 3, Section 3, Paragraph 1, of the Constitution of the State of Georgia be amended by striking out all of said article of said section and paragraph and by substituting in lieu thereof the following: Art. 3, sec. 3, par. 1 stricken.

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Paragraph 1. The House of Representatives shall consist of Representatives apportioned among the several counties of the State as such counties are marked and defined and as the same may be hereafter created, as follows: To the eight counties having the largest population, three Representatives each; to the thirty counties having the next largest population, two Representatives each; and to the remaining counties, one Representative each including the new Counties of Lanier, Seminole, Brantley, Long and Lamar. In the event of the ratification of this amendment to the Constitution and in the event of the ratification of the amendments to the Constitution creating the Counties of Lanier, Seminole and Brantley, or either of the said counties so created shall also be entitled to representation in the General Assembly. In the event of a ratification of the amendments creating the Counties of Lanier, Seminole and Brantley, or either of them, an election shall be held in such county or counties on the first Tuesday in January, 1921, under the laws now governing similar elections for members of the General Assembly, for the election of a member of the General Assembly from said county or counties, for the session of 1921 and 1922. To be read. Apportionment of representatives. Election. Sec. 2. Be it further enacted by the authority aforesaid, That when said proposed amendment shall be agreed to by two-thirds of the members elected to each House of the General Assembly, it shall be entered upon the Journal of each House with the Ayes 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 in said State, and shall at said next general election be submitted to the people for ratification in the following form, to-wit: For ratification of an amendment to Paragraph 1, Section 3, Article 3, of the Constitution, providing for representation in the House of Representatives, or Against ratification of an amendment to Paragraph 1, Section 3, of Article 3, of the Constitution,

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providing for representation in the House of Representatives. If the majority of the electors qualified to vote for members of the General Assembly, voting therein shall vote for ratification, having written or printed on their ballots the preceding forms, which votes cast at said election shall be consolidated as now required by law in elections for members of the General Assembly, and returns thereof made to the Governor, then he shall declare said amendment adopted and make proclamation thereof in the manner now provided by law. Publication, Proclamation. Approved August 17, 1920.

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TITLE IV. Code Amendments. ACTS. Civil 389. Road materials, purchase of; etc. 419, 420, 421. Bridges over water courses dividing one or more counties. 424. Bridges in border counties. 445, 446. Bond validations within six months. 582. Interest on county warrants. 696. Road tax in certain counties. 1249. Additional State Depositories in certain counties. 1249. Additional State Depository in Atlanta. 1249. State Depository in Glenwood. 1249. State Depository in Greensboro. 1249. State Depository in Morgan. 1249. State Depository in Pearson. 1249. State Depository in Willacoochee. 1613. State Sanitarium, absentees from. 2554. Sureties on bonds of county officers. 2817. Trust Companies; exercise of powers. 3276. Foreclosures; publication or service. 3992. Annual returns of administrators; time. 4028. Administrators' sales on the premises. 4357 (a). Executions; records on general dockets. 4985, 4986. Stenographers' compensation increased. 5358. Partition of land in two counties. 6066. Rates for legal advertisements. Penal 632. Emigrant agent defined. 1007. Reports of testimony in criminal cases. 1484. Pensions, method of obtaining. ROAD MATERIALS, PURCHASE OF, ETC. No. 784. An Act to amend Paragraph 389 of the Civil Code of Georgia of 1910, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the

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same, That from and after the passage of this Act Paragraph 389 of the Civil Code of Georgia of 1910 be amended by adding at the end of said section the following: Provided further, that in any county having a chaingang the County Commissioners of such county or other persons having charge of such works, shall have the power and authority to purchase material for and use the convicts in building or repairing any public building, bridge, causeway, or other public works in said county, and in such cases the three preceding sections, Paragraphs 386, 387 and 388, shall not apply. Where such material is purchased and such work done with the convicts the county authorities of such county may use the funds of said county arising from taxes levied for such purposes in purchasing said material and in supporting and maintaining the convicts while said work is being done, so that said section when amended shall read as follows: C. C. 389 amended. Paragraph 389. Contractors to Give Bond . Contractors who are awarded contracts shall be required to give bond in double the amount of the bid with two good and solvent securities for the faithful performance of the contract and to indemnify the county for any damage occasioned by a failure to perform the same within the prescribed time. And it shall be unlawful to let out any contract for building or repairing any public building, bridge, or other public work unless the provisions of these sections are complied with and any contractor doing, or having done, any work of the kind in any other manner shall not be entitled to receive any pay therefor. Provided, that the requirements of these sections shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at a less cost than three hundred dollars, but such officer may have such work of building or repairing done by hiring hands and furnishing materials. Provided further, that in any county having a chaingang the County Commissioners of such county, or other persons

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having charge of such works, shall have the power and authority to purchase material for, and use the convicts in building or repairing any public building, bridge, causeway, or other public works in such county, and in such cases the three preceding sections, Paragraph 386, 387 and 388, shall not apply. Where such material is purchased and such work done with the convicts, the county authorities of such county may use the funds of said county arising from taxes levied for such purposes in purchasing said material and in supportnig and maintaining the convicts while said work is being done. To be read. Counties with chaingangs. 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 17, 1920. BRIDGES OVER WATERCOURSES DIVIDING ONE OR MORE COUNTIES. No. 610. An Act to amend Sections 419, 420 and 421 of Volume 1 of the Code of 1910 relating to building or repairing bridges over watercourses dividing one or more counties by providing: First, for the building or repairing of such bridges by contract or sealed proposals to be received, opened and awarded at the county site of any one of the joint counties agreed upon; second, by providing that all advertisements for the building or repairing of such bridges shall be published for four weeks; third, that the proper county authorities may, in their discretion, dispense with the condition in contractor's bond to keep said bridges or the repairs made thereon in good condition for a period of time not less than seven years.

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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that Section 419 of Volume 1 of the Code of Georgia of 1910 be and the same is hereby amended as follows, to-wit: By adding at the end of said section the following words and language: Provided such county authorities shall have authority to reject any and all bids and if in their discretion the public interest and economy require it, such county authorities may build or repair any such bridges by contract or sealed proposals, to be invited under the same provisions as to specifications and like information as are provided in the following sections and said bids by contract or sealed proposals may be received, opened and awarded at the county site of any one of the joint counties as may be agreed upon. Provided further, counties working chaingangs be allowed to buy material and construct bridges costing more than $300.00 with convict labor, without advertising the same. C. C. 419 amended. Building and repairing bridges. Convict labor. Sec. 2. Be it further enacted by the authority aforesaid, That Section 420 of Volume 1 of said Code of 1910 be and the same is hereby amended as follows, to-wit: By striking out the word eight in the fourth line of said section between the word for and the word weeks so that said section, as amended, shall read for four weeks instead of for eight weeks, as it now stands. C. C. 420 amended. Sec. 3. Be it further enacted by the authority aforesaid, That Section 421 of Volume 1 of said Code of 1910 be and the same is hereby amended as follows, to-wit: By adding at the end of said section the following words and language: Provided, that such contract may be let out under existing laws without requiring the aforesaid condition in the contractor's bonds, to keep said bridge or the repairs made thereon, in good condition for a period of time not less than seven years, if, in the opinion of the Commissioners of Roads and Revenues, or of

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the Ordinary in counties where there are no such commissioners, it would be to the public interest to dispense with said condition in said bonds. C. C. 421 amended. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920. BRIDGES IN BORDER COUNTIES. No. 680. An Act to amend Section 424 of the Code of Georgia by striking from the last line of said section the word one and inserting in lieu thereof the word two, and for 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 424 of the Code of Georgia be and the same is hereby amended by striking from the last line of said section of the Code the word one and inserting therein in place of the same the word two so that said Act, when amended, shall read as follows: Sec. 424 (Sec. 372). Bridges Connecting Border Counties With Adjacent States . Counties lying adjacent to any river on the border, or forming the boundary between this State and another, shall have the same power, acting by and through the proper county authorities, to build and maintain bridges over streams lying wholly within their borders; provided that this power shall not be exercised except to co-operate with the proper authorities of the adjacent State in building and maintaining such bridges, and on the principle that each State is to build simultaneously from its own bank to the middle of the river and afterwards maintain and keep up the parts of bridge which it has built; no

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bridge shall be erected under this section at any point where the river exceeds, at low water mark, two thousand feet in breadth. C. C. 424 amended. To be read. Width of river. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting with this Act be and the same are hereby repealed. Approved August 14, 1920. BOND VALIDATIONS WITHIN SIX MONTHS. No. 785. An Act to amend Sections 445 and 446 of the Code of Georgia, 1910, with reference to the validation of municipal and county bonds so as to provide for the validation of said bonds at any time within six months after the declaration of the result of the election for the issuance of same and to provide that the judgment of validation may be rendered either in term or at chambers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That Section 445 of the Code of Georgia, Volume 1, 1910, be and the same is hereby amended by striking the words twenty days occurring in the ninth line thereof, and inserting the words within six months, so that said section, when so amended, shall read as follows: C. C. 445 amended. Section 445. When any county, municipality or division, desiring to incur any bonded debt, as prescribed by Paragraphs 1 and 2, Section 7, Article 7 of the Constitution, shall hold an election in accordance with the laws of the State controlling and regulating such elections, and in the returns of such elections shall show prima facie that such election is in favor of the issuance of said bonds, the officer or officers of such county,

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municipality or division, charged by law with declaring the result of said election, shall, within six months after so declaring the result of said election, notify the Solicitor-General of the judicial circuit in which such county, municipality or division shall lie, in writing, of the fact that an election for the issuance of bonds was held in such county, municipality or division, and that the election was in favor of the issuance of such bonds, and the service of such notice shall be personal upon the Solicitor-General, and in the event he is absent from the circuit, then it shall be served in person upon the Attorney-General of the State. To be read. Issuance six months after election. Sec. 2. Be it further enacted by the authority aforesaid, That Section 446 of the Code of Georgia, 1910, Volume 1, be and the same is hereby amended by adding the words either in term or at chambers, after the words at such time and place, occurring in the sixteenth line of said section, so that said section, when so amended, shall read as follows: C. C. 446 amended. Section 446. Within thirty days from the date of such service as is provided in the preceding section, the Solicitor-General, or the Attorney-General, as the case may be, shall prepare and file in the office of the Clerk of the Superior Court of the county in which the election was held, a petition, directed to the Superior Court of said county, in the name of the State of Georgia, and against such county, municipality or division desiring to issue bonds under said election, setting forth the service of the notice, as provided in the preceding section, the name of the county, municipality or division seeking to issue said bonds, the amount of the bonds to be issued, for what purpose to be issued, what interest they are to bear, how much principal and interest to be paid annually, when to be paid in full, and the further fact that an election was held for the issuance of said bonds, and that said election is prima facie in favor of the issuance

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of said bonds, and shall obtain from the judge of said court an order requiring the county, municipality or division by its proper officers to show cause, at such time and place, either in term or at chambers, within twenty days from the filing of the petition, as the judge of the court may direct, why the bonds should not be confirmed and validated, which petition and order shall be served in the manner now provided by law for the service of petitions upon counties, municipalities or divisions and to such petition the officers of such county, municipality or division shall make sworn answers within the time prescribed herein. To be read. Hearing in term or at chambers. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 17, 1920. INTEREST ON COUNTY WARRANTS. No. 401. An Act to amend Section 582 of the Civil Code of Georgia by providing that county warrants legally issued and duly presented and not paid for want of funds shall bear interest at the legal rate from date of entry by the Treasurer of such presentation and non-payment, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority aforesaid, That Section 582 of the Civil Code of Georgia be and same is hereby amended by adding at the end of said section the following words: Such county orders, when legally issued and duly presented as herein provided and

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not paid for want of funds, shall bear interest at the legal rate from date of entry of presentation and nonpayment for want of funds, so that section, as amended, shall read as follows: C. C. 582 amended. Section 582. Want of Funds . On the first day in December of each year such Treasurer and the Commissioners of Roads and Revenues or other authority having control of finances of the county together shall make an entry of all orders entitled to payment which were not so presented for payment, and what orders not of equal dignity have been paid instead, in whole or in part, and what others are entitled to payment before such non-presented orders. Persons holding such orders, who present them without receiving their pay before said day, may have the Treasurer annually to mark thereon Presented, the day of presentation, and not paid for want of funds. Such county orders, when legally issued and duly presented as herein provided and not paid for want of funds, shall bear interest at the legal rate from date of entry of presentation and non-payment for want of funds. Provided, however, interest shall not be paid on such warrant or warrants after July 1st following the year in which presented unless such warrant or warrants are again presented and payment refused for want of funds. The Treasurer or keeper of county funds shall endorse on the warrant the words, Presented for payment; no funds on hand with which to pay same. This the..... day of..... 19..... Provided that the provisions of this Act shall not apply to warrants outstanding at the time of the passage of this Act. To be read. Interest. Endorsement. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 24, 1920.

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ROAD TAX IN CERTAIN COUNTIES. No. 514. An Act to amend an Act approved August 18th, 1919, entitled An Act to amend Section 696 of the Code of 1910, as amended by the General Assembly of 1911, by adding thereto the following: Provided that in those counties having a population of not less than 18,690 nor more than 18,750, the tax levied for the aforesaid purpose may be fixed at any rate not greater than six-tenths of one per cent., by adding thereto immediately after the figures 1910, as same appears in the eighth line of Section 1 of said Act as printed, and immediately after the figures 18,750 as same last appear in Section 1 of said Act the following: And in those counties having a population of not less than 14,132 nor more than 14,500. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act the Act of the General Assembly, approved August 18th, 1919, entitled An Act to amend Section 696 of the Code of 1910, as amended by the General Assembly of 1911, by adding thereto the following: 11Provided that in those counties having a population of not less than 18,690 nor more than 18,750 the tax levied for the aforesaid purpose may be fixed at any rate not greater than six-tenths of one per cent. by adding thereto immediately after the figures 1910, as same appear in the eighth line of Section 1 of said Act as printed in the Acts of the General Assembly of 1919, and immediately after the figures 18,750, as the same last appear in Section 1 of said Act, the following: And in those counties having a population of not less than 14,132 nor more than 14,500, so that Section 1 of said Act, as amended, shall read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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aforesaid, That from and after the passage of this Act Section 696 of the Code of 1910, as amended by the Act of the General Assembly of 1911, is amended by adding thereto the following: Provided that in those counties having a population of not less than 18,690 nor more than 18,750, according to the United States census of 1910, and in those counties having a population of not less than 14,132 nor more than 14,500, the tax levy for the aforesaid purpose may be fixed at any rate not greater than six-tenths of one per cent., so that Section 696 shall, when amended, read as follows: The Board of Commissioners of Roads and Revenues or the Ordinary, as the case may be, shall levy a tax addtional to any now authorized by law, or not more than four-tenths of one per cent. on all of the taxable property in the county, and the funds so raised by said taxation, together with the commutation heretofore provided for, shall be used and expended for the purpose of paying salaries and wages and for working, improving and repairing the public roads, as herein set forth. Provided that in those counties having a population of not less than 18,690 nor more than 18,750, and in those counties having a population of not less than 14,132 nor more than 14,500, the tax levied for the aforesaid purpose may be fixed at any rate not greater than six-tenths of one per cent. C. C. 696 amended. To be read. Road tax. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 7, 1920.

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ADDITIONAL STATE DEPOSITORIES IN CERTAIN COUNTIES. No. 802. An Act to amend Section 1249 of the Political Code of 1910, provided for the selection and appointment by the Governor of banks in certain cities and towns therein named as State Depositories, so as to provide for the selection and appointment of as many as three chartered, solvent banks of good standing and credit in cities having a population of 15,000 or more; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act Section 1249 of the Political Code of 1910, with reference to appointment of State Depositories, be and the same is amended as follows: By adding at the end of said section the following: Provided further, That in each of said cities in the State of Georgia having a population of 15,000 and over, according to the U. S. census of 1920, the Governor may name and appoint not more than three solvent, chartered banks of good standing and credit which shall be known and designated as State Depositories. C. C. 1249 amended. State depositories in cities of 15,000. 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, 1920.

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ADDITIONAL STATE DEPOSITORY IN ATLANTA. No. 650. An Act to amend Section 1249, Volume 1 of the Code of Georgia for 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and Acts amendatory thereof, so as to add another bank as a State Depository in the City of Atlanta, in Fulton County, State of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 1249 of Volume 1 of the Code of the State of Georgia for 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, be and the same are hereby amended so as to add another bank to be so selected as a State Depository in the City of Atlanta, in the County of Fulton, State of Georgia, to the list of such cities and towns. C. C. 1249 amended. Additional depository. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1920. STATE DEPOSITORY IN GLENWOOD. No. 642. An Act to amend Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and in the several Acts amendatory thereof, so as to add the Town of Glenwood, in the County of Wheeler and the State of Georgia to the list of such cities and towns.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts of the General Assembly amendatory thereof, be and the same are hereby amended so as to add the Town of Glenwood, in the County of Wheeler and State of Georgia, to the list of such cities and towns. C. C. 1249 amended. Depository in Glenwood. 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, 1920. STATE DEPOSITORY IN GREENSBORO. No. 809. An Act to amend Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the City of Greensboro, in the County of Greene, to the list of such cities and towns. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1249 of Volume 1 of the Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, be and the same are hereby amended so as to add the City of Greensboro, in the County of Greene, State of Georgia, to the list of such cities and towns. C. C. 1249 amended. Depository in Greensboro.

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Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1920. STATE DEPOSITORY IN MORGAN. No. 804. An Act to amend Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the town of Morgan, in the County of Calhoun, to the list of such cities and towns. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1249 of Volume 1 of the Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, be and the same are hereby amended so as to add the town of Morgan, in the County of Calhoun, State of Georgia, to the list of such cities and towns. C. C. 1249 amended. Depository in Morgan. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. STATE DEPOSITORY IN PEARSON. No. 644. An Act to amend Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the

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Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the City of Pearson, in the County of Atkinson, to the list of such cities and towns. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1249 of Volume 1 of the Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, be and the same are hereby amended so as to add the City of Pearson, in the County of Atkinson, State of Georgia, to the list of such cities and towns. C. C. 1249 amended Depository in Pearson. 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, 1920. STATE DEPOSITORY IN WILLACOOCHEE. No. 674. An Act to amend Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named, as State Depositories, and the several Acts amendatory thereof, so as to add the City of Willacoochee, in the County of Atkinson, to the list of such cities and towns. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 1249 of Volume 1 of the Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory

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thereof, be and the same are hereby amended so as to add the City of Willacoochee, in the County of Atkinson, State of Georgia, to the list of such cities and towns. C. C. 1249 amended. Depository in Wilacoochee. 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, 1920. STATE SANITARIUM, ABSENTEES FROM. No. 768. An Act to amend Section 1613 of the 1910 Code of Georgia relating to furloughs from the Georgia State Sanitarium, by changing the word three in the third line thereof to twelve; to repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That Section 1613 of the 1910 Code of Georgia relating to furloughs from the Georgia State Snaitarium be and the same is hereby amended by striking the word three in third line thereof, and inserting in lieu thereof the word twelve, so that, when so amended said section shall read: C. C. 1613 amedned. No. 1613 (No. 1450). Absentees for twelve months must be recommitted in form. When a person has been properly received as a patient, but is absent for as long as twelve months, either from discharge, elopmenet or removal by friends, he cannot be received at the Sanitarium without going through the process required in this chapter, according to the class of patients he may be. To be read. Duration of absence. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same is hereby repealed. Approved August 17, 1920.

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SURETIES ON BONDS OF COUNTY OFFICERS. No. 798. An Act to amend Section 2554 of the Civil Code of Georgia, adopted August 15, 1910, by providing that upon the recommendation of the Grand Jury of any county the county officers thereof shall give as one of their sureties on their bonds some one of the companies referred to in said section. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 2554 of the Civil Code of Goergia adopted August 15, 1910, be and the same is hereby amended by adding at the end of said section the following words, to-wit: Provided further that upon such a recommendation by the Grand Jury of any county in regular session convened, immediately prior to any general election of county officers that may be held in and for any such county, each county officer so elected in any such county shall give as one of the sureties on his official bond some one of the companies heretofore referred to and outlined in this section, and such surety company so given by any such officer may be accepted as the only surety on said bond, provided such Grand Jury in any such county shall also include this in their recommendation. C. C. 2554, amended So that said Code Section, when so amended, shall read as follows, to-wit: Solvent guarantee companies, surety companies, fidelity insurance companies, and fidelity and deposit companies, incorporated and organized under the laws of this State, or any other State of the United States, for the purpose of transacting business of fidelity insurance, which have a paid up capital of two hundred and fifty thousand dollars, and which shall have complied with all the requirements of law as to license required by the State, may, upon proper proof thereof, and under production of evidence of solvency, be accepted

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upon the bonds of all city, county and State officers of this State; and the various officers of this State whose duty it is to approve the sureties upon such bonds are hereby authorized to accept such company or companies as one of the sureties, or the only surety upon such bonds as the solvency of such company may warrant; provided no company shall be relieved of its liability upon any such bond by reason of the fact that the books and accounts of the principal have been examined and approved as correct by the proper authorities, when in fact there has been a breach of said bond and a loss occurring from such breach. Provided further, that upon such a recommendation by the Grand Jury of any county in regular session convened, immediately prior to any general election of county officers that may be held in and for any such county, each county officer so elected in any such county shall give as one of the sureties on his official bond some one of the companies heretofore referred to and outlined in this section; and such surety company so given by any such officer may be accepted as the only surety on said bond, provided such Grand Jury in any such county shall also include this in their recommendation. To be read. Sureties. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 17, 1920. TRUST COMPANIES; EXERCISE OF POWERS. No. 748. An Act to amend Section 2817 of the Civil Code of Georgia of 1910 as amended by an Act approved August 21, 1917, relative to the corporate powers and functions of trust companies, by providing that such companies may exercise any of the rights and powers of

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trust companies when at least fifty thousand dollars of the capital stock shall have been subscribed and paid in. Section 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 the State of Georgia of 1910, as amended by an Act approved August 21, 1917, relative to the corporate powers and functions of trust companies, be amended by striking the words one hundred thousand dollars in the second and third lines of the paragraph immediately following Paragraph 14, as approved August 21, 1917, and substituting the words fifty thousand dollars in lieu thereof, so that said paragraph, when so amended, shall read as follows: C. C. 2817 amended. No trust company organized under the provisions of this article shall exercise any of the rights and powers conferred until at least fifty thousand dollars of the capital stock shall have been subscribed and paid in; nor shall any 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. To be read. Stock subscribed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1920.

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FORECLOSURES; PUBLICATION OR SERVICE. No. 812. An Act to amend Section 3276 of the Code of Georgia, 1910, Volume 1, as to the service of foreclosure proceedings on real estate, both as to the length of time of publication and for personal service, 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 3276, Volume 1, of the Code of 1910 be amended by striking from line ten of the Act once a month for four months, and inserting in lieu thereof twice a month for two months; and by striking from line eleven of said section the words, three months and inserting in lieu thereof the words, thirty days, so that said section, when amended, will read as follows: C. C. 3276 amended. Section 3276. Foreclosure of Mortgage on Realty . Mortgages on real estate in Georgia may be foreclosed in the following manner, to-wit: Any person applying and entitled to foreclose such mortgage shall, by himself or his attorney, petition to the Superior Court of the county wherein the mortgaged property may be, which petition shall contain a statement of the case, the amount of the petitioner's demand, and a description of the property mortgaged; whereupon the Court shall grant a rule directing the principal, interest and cost to be paid into Court on or before the first day of the next term immediately succeeding the one at which such rule is granted; which rule shall be published twice a month for two months, or served on the mortgagee or his special agent or attorney, at least thirty days previous to the time at which the money is directed to be paid into the Court, as aforesaid; provided that where the land covered by the mortgage consists of a single tract of land divided by a county line or county lines,

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such mortgage may be foreclosed on the entire tract in either of the counties in which part of it lies; provided further, if the mortgagor resides upon the land, the mortgage shall be foreclosed in the county of his residence. To be read. Time of publication of court rule. Service. 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, 1920. ANNUAL RETURNS OF ADMINISTRATORS; TIME. No. 402. An Act to amend Section 3992 of the Code of Georgia of 1910, 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 3992 of the Code of Georgia of 1910, be amended by striking the word July in the second line of said section and inserting the word January, so that said section, when so amended, shall read as follows: C. C. 3992 amended. Section 3992. Annual Returns . On or before the regular term of the Court in January in each and every year, every administrator shall make a true and just account, upon oath, of his receipts and expenditures in behalf of the estate during the preceding year, together with a note or memorandum of any other fact necessary for the exhibition of the true condition of such estate. To this account shall be attached copies of all the vouchers showing the correctness of each item, or, at the option of the executor or administrator, the originals may be filed with the return, and shall remain in

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the Ordinary's office for thirty days. If any of the receipts be for cotton, corn or other product sold, the voucher shall show the quantity of each, the price at which it was sold, the name of purchaser, and the time of sale. To be read. January term. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 24, 1920. ADMINISTRATORS' SALES ON THE PREMISES. No. 471. An Act to amend Section 4028 of the Civil Code of Georgia which provides for the place of sale by administrators, executors, etc., of prooperty in their hands to be administered by striking out from said section the words city and any city where they occur in said section, so as to authorize a sale on the premises of any such property by order of the Ordinary, having jurisdiction, whether the property be city property or not. Section 1. Be it enacted by the General Assembly of the State of Georgia, That Section 4028 of the Civil Code of Georgia be amended by striking out from said section, which provides for the place of sale by administrators and executors, etc., of property in their hands to be administered, the words city and any city wherever they occur in said section, so as to authorize a sale on the premises of any such property by order of the Ordinary, whether such property be city property or not. So that said section, when amended, shall read as follows: C. C. 4028 amended. Section 4028. Manner and Place of Sale . Every such sale shall be advertised in any newspaper

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or gazette having a general circulation in the county where the property to be sold is located, once a week for four weeks after the leave granted and before the sale. It shall be had at public auction on the first Tuesday of the month between the usual hours of sale, and at place of public sales in the county having jurisdiction of the administration unless by special order in the discretion of the Ordinary, a portion of the land is sold in another county where the land lies. But any executor, administrator, guardian, or other trustee who by law is managing any trust, estate, or fund, under supervision of the Ordinary or Court of Ordinary, may sell any property situated in this State, if upon petition the Ordinary shall, in the exercise of sound discretion, deeming that it is for the best interest of cestui que trusts that said real estate be sold on the premises, shall by order entered on the minutes, so direct; provided that such sales shall be advertised as provided by law, and one hour's public notice of the commencement of the same be given at the court house door on sale day. To be read. Sales of property. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1920. EXECUTIONS; RECORDS ON GENERAL DOCKETS. No. 749. An Act entitled an Act to amend Section 4357 (a) of 1910 Civil Code of Georgia by adding in the eighth line of said section the following words: And a second record of said entry shall be made on the General Execution Docket of the date said return is filed, in addition to the entry which is made on the

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docket of the date that the execution was originally entered; provided, however, that no second record need be made on the General Execution Docket if the date that the entry is filed is less than seven years from the date of the execution. To provide a fee for said additional entry, and for 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 4357 (a) of 1910 Civil Code of Georgia, be and the same is hereby amended by adding in the eighth line and in the second sentence of said Code Section 4357 (a), after the words on said docket and before the words with the date, etc., in said sentence, the following: And a second record of said entry shall be made on the General Execution Docket of the date said return is filed, in addition to the entry which is made on the docket of the date that the execution was originally entered; provided, however, that no second record need be made on the General Execution Docket if the date that the entry is filed is less than seven years from the date of the execution. C. C. 4357 (a) amended. So that said second sentence of said Code Section, when amended, will read as follows: Such judgment shall likewise become likewise dormant if seven years shall elapse at any time after said execution is issued thereon without an entry on the execution by an officer authorized to execute and return the same, and such entry recorded on said docket, and a second record of said entry shall be made on the General Execution Docket of the date said return is filed in addition to the entry which is made on the docket of the date that the execution was originally entered; provided, however, that no second record need be made on the General Execution Docket if the date that the entry is filed is less than seven years from the date of the execution; with the date of such record entered by the Clerk. To be read. Second record on docket. Date of filling entry. Sec. 2. For such additional service of recording the

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entry made on said execution, the Clerk of Court shall receive such fee as now provided by law. Clerk's fee. Sec. 3. That said Section 4357 (a) of 1910 Civil Code of Georgia shall also be amended by substituting the word dockets for the word docket in the third sentence of said section, and the last word of said sentence, when amended, will read as follows: It shall not hereafter be necessary in order to prevent such dormancy that such entry be recorded, or such execution entered on any other dockets. C. C. 4357 (a) amended. 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, 1920. STENOGRAPHERS' COMPENSATION INCREASED. REPORTS OF TESTIMONY IN CRIMINAL CASES. No. 645. An Act to amend Sections 4985 and 4986, Volume 1, of the Code of 1910, of the State of Georgia, providing for compensaaion of stenographers in civil cases and furnishing reports; and to amend Section 1007, Volume 2, of the Code of 1910, of the State of Georgia, providing for the reporting of felony cases. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act, Section 4985 of the Code of 1910 of the State of Georgia be and the same is hereby amended by striking the word ten in the sixth line of said section, and inserting in lieu thereof the word twelve; and by striking

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the word ten in the fourth line of Section 4986, of the Code of 1910 of the State of Georgia, and inserting in lieu thereof the word twelve; and by amending Section 1007, Volume 2, of the Code of 1910 of the State of Georgia by inserting after the word guilty and before the word the in the sixth line, the following words: Of any offense included in the indictment; so that said sections, when amended, shall be as follows: C. C. 4985 amended. C. C. 4986 amended. C. C. 1007 amended. Section 4895 (as amended). Compensation in Civil Cases . The compensation of the reporter or stenographer for recording or taking of stenographic notes and recording the evidence in such civil cases as may be agreed by counsel for plaintiff and defendant to be recorded, or, in cases of disagreement, as aforesaid, in such cases as the presiding Judge may direct to be recorded, shall be at a rate not to exceed twelve cents per hundred words, to be fixed by said Judge, which fee shall be paid by the parties to the agreement upon such terms as they may prescribe for themselves, and if no agreement is entered into as to the payment thereof, then in such manner as may be prescribed by the presiding Judge. To be read. Compensation increased. Section 4986 (as amended). Furnishing Reports, Etc., Fee . Said reporter or stenographer shall, for reports of evidence and other proceedings by him furnished, be paid by the party requesting the same at a rate not to exceed twelve cents for each one hundred words. To be read. Fee increased. Section 1007, Volume 2 of the Code of.1910, of the State of Georgia (as amended): Testimony Reported in Felonies . On the trial of all felonies the presiding Judge shall have the testimony taken down and, when directed by the Judge, the Court reporter shall exactly and truly record, or take stenographic notes of, the testimony and proceedings in the case, except the argument of the counsel. In the event of the jury returning

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a verdict of guilty of any offense included in the indictment, the testimony shall be entered on the minutes of the Court, or in a book to be kept for that purpose. To be read. Entry on book. Sec. 2. Provided this Act shall not apply to counties having population of more than 45,000 by census of 1910. Applies to counties under (45,000. Sec. 3. Be it further enacted that the Court Reporters or Stenographers be required to take down and report all misdemeanor cases, when demand is made in writing either by the Solicitor-General or attorney for the defendant and approved by the presiding Judge. Report of misdemeanors. Section 4. Be it enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1920. PARTITION OF LAND IN TWO COUNTIES. No. 670. An Act to amend Section 5358 of the Code of 1910 by providing that when lands constitute a single tract and a portion of same is situated in two counties that the application for partition may be filed in either county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, That Section 5358 of the Code of 1910 be amended by adding after the word situated in the seventh line of said section and before the word at the following words, to-wit: Or when said lands constitute a single tract and a part of same is situate in one county and a part in another county, then the application may be made to the Superior Court of either county,

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so that said section, when so amended, shall read as follows: C. C. 5358 amended. 5358. (4786). Proceedings to Partition . In all cases where two or more persons are common owners of lands and tenements in this State, whether by descent, purchase, or otherwise, and no provision is made by will or otherwise as to how such lands and tenements are to be divided, any one of such common owners may apply to the Superior Court of the county in which such lands and tenements are situated, or when said lands constitute a single tract and a part of same is situate in one county and a part in another county, then the application may be made to the Superior Court of either county at term time, or the Judges thereof at Chambers, for a writ of partition, which application shall be by petition, setting forth plainly and distinctly the facts and circumstances of the case describing the premises to be partitioned, and defining the share and interest of each of the parties therein. To be read. Single tract in two counties. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. RATES FOR LEGAL ADVERTISEMENTS. No. 755. An Act to amend Section 6066 of the Code of Georgia fixing the rates to be allowed for publishing legal advertisements in this State by increasing said rates, and for 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

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Act Section 6066 of the Code of Georgia, flixing the rate to be allowed to publishers for legal advertisements in this State be and the same is hereby amended by striking the words seventy-five cents and inserting in lieu thereof the words One Dollar, and further back striking the word thirty-five and inserting in lieu thereof the word fifty, so that said section, when so amended, shall read as follows: C. C. 6066 amended. To be read. 6066. Fees for Advertising . The rates to be allowed to publishers for publishing legal advertisements in this State shall be as follows: For each one hundred words, the sum of One Dollar for each insertion for the first four insertions; for each subsequent insertion, the sum of fifty cents per hundred words. In all cases fractional parts shall be charged for at the same rates; and it shall not be lawful for any Ordinary, Sheriff, Coroner, Clerk, Marshal or other officer to receive or collect from parties, plaintiff or defendant, other or greater rates than herein set forth. Rates increased. Sec. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1920. EMIGRANT AGENT DEFINED. No. 756. An Act to amend Section 632 of the Penal Code of 1910, by defining who is an emigrant agent, and for 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 632 of the Penal Code of 1910 be and the same is hereby amended by adding after

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the word misdemeanor in the last line of said section the following words: An emigrant agent is any person who shall solicit or attempt to procure labor in this State to be employed beyond the limits of the same, so that said section, when amended, shall read as follows: P. C. 632 amended. To be read. Section 632. Any person who shall solicit or procure emigrants, or shall attempt to do so, without first procuring a license as required by law, shall be guilty of a misdemeanor. An emigrant agent is any person who shall solicit or attempt to procure labor in this State to be employed beyond the limits of the same. Emigrant agent. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1920. REPORTS OF TESTIMONY IN CRIMINAL CASES. No. 645. See fourth preceding Act (amending C. C. Sections 4985, 4986). PENSIONS, METHOD OF OBTAINING. No. 631. An Act to amend Section 1484 of the Criminal Code of Georgia of 1910, Volume 2, so as to add after the word injury, in the eighteenth line of said section, the following, or such record as may have been made of the applicant's service, 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

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this bill that Section 1484 of the 2nd Volume of the Code of Georgia of 1910 be amended by adding, in the eighteenth line of said section, after the word injury, the words: Or such record as may have been made of applicant's service, so that said section, when amended by this bill, shall read as follows: P. C. 1484 amended. Before any person shall be entitled to any of such benefits, he shall make oath before some officer authorized to administer oaths, stating in what company, regiment and brigade he was serving when the loss was sustained, or injury received, or when and where he contracted the disease which caused the amputation or loss of limb or limbs, or produced the permanent disability claimed to exist. The applicant shall fully and clearly set forth the facts showing the injury, its character, and especially the extent of the disability resulting therefrom, his citizenship and rights to the benefits of this Article. He shall also furnish an affidavit of one of the commissioned officers of his company or regiment, showing that he rendered service as a soldier and received the injury at the time and place claimed by applicant, and that the disability claimed to exist does exist. If the affidavit of such commissioned officer cannot be had, the applicant may prove his service and injury by any three respectable citizens who served with him in the army or who knew of his service and injury, or such record as may have been made of applicant's service, the sufficiency of such proof to be subject to the rules and regulations to be adopted by the Commissioner of Pensions and set forth in the blank sent out from his office for use of applicants. The applicant shall also procure the sworn statement of two respectable physicians of his own county, showing precisely how he has been wounded and the extent of the disability resulting from the wound or injury or disease described. All of said affidavits shall be certified to be genuine by the Ordinary of the ocunty where made, and he shall, in his certificate, state that all the witnesses who testify to applicant's proofs are

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persons of respectability and good reputation, and that their statements are worthy of belief; and also that the attesting officer or officers are duly authorized to attest said proofs, and that their signatures thereto are genuine. To be read. Record other than injury. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this bill be and the same are hereby repealed.

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TITLE V. Superior Courts. ACTS. Barrow Superior Court; traverse juries. Bryan Superior Court; additional terms. Cordele Circuit; times of sessions. Hart Superior Court; three terms, etc. Macon Circuit; additional Judge; procedure. Stephens Superior Court; terms; grand juries. BARROW SUPERIOR COURT; TRAVERSE JURIES No. 410. An Act to amend An Act to provide for holding four terms a year of the Superior Court of Barrow County; to prescribe the time for holding the same; to prescribe when and how Grand Juries shall be required to attend said court, and for other purposes, approved August 8, 1916, so as to provide that no traverse juries shall be drawn for the June term of said court, except in emergencies, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 3 of the Act approved August 8, 1916, found in Acts of 1916, pages 64 and 65, entitled An Act to provide for holding four terms a year of the Superior Court of Barrow County; to prescribe when and how grand juries shall be required to attend said court, and for other purposes, be and the same is hereby amended by adding at the end of said section of said Act the words: And provided further,

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that there shall be no traverse juries drawn for service for the June terms of Barrow Superior Court, nor shall any cases in said court be tried or otherwise disposed of at the June terms of said court except such cases as may be tried or disposed of by the Judge without the intervention of a jury, unless in the discretion of the Judge and for reasons to be entered on the minutes of said court, a grave emergency exists requiring the attendance of traverse juries, in which event the Judge may draw such numbers of jurors for service at the June term of said court as the special emergency may require, so that the said Section 3, when so amended, shall read as follows: Sec. 3. Be it further enacted that the Judge shall only draw a grand jury for the March and September terms of said court; provided, that the presiding Judge, in his discretion, may require the attendance of the grand jury at the June and December terms, or either of them if the business of the court should require it, but the duties of the said grand jury shall not require them to perform any other service at said June or December terms than they shall be by the presiding Judge especially charged with; and provided further, that there shall be no traverse juries drawn for service for the June terms of Barrow Superior Court, nor shall any cases in said court be tried or otherwise disposed of at the June terms of said court except such cases as may be tried or disposed of by the Judge without the intervention of a jury, unless in the discretion of the Judge and for reasons to be entered on the minutes of said court a grave emergency exists requiring the attendance of traverse juries, in which event the Judge may draw such numbers of jurors as the special emergency may require. Act of 1916 amended. To be read. Traverse juries for June terms forbidden. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 24, 1920.

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BRYAN SUPERIOR COURT; ADDITIONAL TERMS. No. 428. An Act to provide for the holding of two additional terms of the Superior Court of Bryan County, and to pres cribe the time for holding of the same, 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 there shall be held two additional terms of the Superior Court in the County of Bryan in the Atlantic Judicial Circuit to the two terms now held, viz, those held on the first Mondays in May and November of each and every year. Two additional terms. Sec. 2. Be it further enacted, That the two additional terms shall be held on the first Mondays in February and August of each year and continue after said first Mondays until properly adjourned. Times of holding courts. Sec. 3. Be it further enacted, That the Judge of the Superior Court presiding, in his discretion, may require the attendance of the grand jury at the February and August terms, or either of them if the business of the court require it, but the duties of such grand jury at such terms shall not require them to perform any other service than that with which they shall be especially charged by the presiding Judge. Grand juries. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 26, 1920. CORDELE CIRCUIT; TIMES OF SESSIONS. No. 649. An Act to fix the time of holding the Superior Court in the various counties comprising the Cordele Circuit of this State, 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, That the time of holding the courts of the counties composing the Cordele Judicial Circuit shall be hereafter as follows, to-wit: Times of holding courts. For the County of Ben Hill, the second and third Mondays in January, April, July and October. Ben Hill county. For the County of Dooly, the second and third Mondays in February, June, September and December. Dooly county. For the County of Crisp, the fourth Monday and the Monday following in February, May, September and November. Crisp county. For the County of Wilcox, the fourth Monday and the Monday following in January, March, June and October. Wilcox county. Sec. 2. Be it enacted further by the authority aforesaid, That this Act shall become effective on and from January 1st, 1921. Effective January 1, 1921. Sec. 3. Be it further enacted by the authority aforesaid, That all petitions, bills, writs, summonses, mesne, and final processes and other proceedings of whatever kind, now returnable and pending in the several courts as the terms are now provided for, shall hold good and relate to the terms of said courts as provided for in this Act. Pending proceedings. Sec. 4. Be it further enacted by the authority aforesaid, That the Judge of said Cordele Circuit shall have authority to draw grand and traverse jurors in accordance with the provisions of this Act. Juries. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920.

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HART SUPERIOR COURT; THREE TERMS, ETC. No. 462. An Act to provide for holding three terms a year of the Superior Court of Hart County; to prescribe the time for holding same; to prescribe when and how the grand jury shall be required to attend 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 there shall be held in each year three terms of the Superior Court for the County of Hart in the Northern Circuit. Three terms yearly Sec. 2. Be it further enacted, That the term of said court shall begin on the fourth Monday in February, fourth Monday in August, first Monday in December in each year. Times of holding courts. Sec. 3. Be it further enacted, That the Judge shall only draw a grand jury for the February and August terms of said court, provided that the presiding Judge, in his discretion, may in term time or vacation draw and require the attendance of the grand jury at the December term if the business of the court shall require it. Grand juries. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1920. MACON CIRCUIT; ADDITIONAL JUDGE; PROCEDURE. No. 742. An Act to carry into effect an amendment to the Constitution of this State approved August 22, 1905, and duly ratified, authorizing the Legislature to add one

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or more additional Judges of the Superior Court for the Macon circuit; to regulate the manner in which the Judges of said Macon Circuit shall dispose of the business thereof; to fix the time at which the term of said additional Judge shall begin, to provide for his appointment and for his compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That upon the passage and approval of this Act there shall be appointed by his Excellency, the Governor, an additional Judge of the Superior Court for the Macon Circuit for a term of office commencing on the date of such an appointment and continuing until the first day of January, 1923, and until his successor shall have been duly elected and qualified in the manner now provided by law for the election of Judges of the Superior Courts. Additional judge appointed. Term. Sec. 2. Be it further enacted by the authority aforesaid, That the successor of said additional Judge of the Superior Courts of the Macon Circuit shall be elected in the manner now provided by law for the election of Judges of the Superior Courts of this State at the general election for members of the General Assembly, to be held on Tuesday after the first Monday in November, 1922, for a term of four years, beginning on the first day of January, 1923, and until his successor shall have been elected and qualified. All future elections for such Judge shall be for a term of four years, and shall be held and conducted as is now or may hereafter be provided by law for the election of Judges of the Superior Courts of said State. Election of successor. Term. Sec. 3. Be it further enacted by the authority aforesaid, That the qualifications of such additional Judge shall be the same as are now provided by law for all other Superior Court Judges, and his compensation shall be the same as that of the present Judge of the Superior

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Court and of the Judge of the Superior Courts of the Macon Circuit shall apply to said additional Judge. Qualifications. Compensation. Sec. 4. Be it further enacted by the authority aforesaid, That said additional Judge of the Superior Courts of said Macon Circuit shall have all the powers, jurisdiction, duties and dignity of the present Judge of the Superior Courts of said State. Sec. 5. Be it further enacted by the authority aforesaid, That all writs, processes, orders and subpoenas issuing out of the Superior Court of the Macon Circuit may bear test in the name of either of the Judges of said Macon Circuit, and when issued by or in the name of either Judge of said circuit shall be as valid and binding as if there were only one Judge of said Superior Courts, and they had been issued by him or had borne test in his name. Writs issuing out of superior court. Sec. 6. Be it further enacted by the authority aforesaid, That the drawing and empaneling of all jurors, whether grand, petit or special, may be by either of the Judges of the Superior Courts of said circuit and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said Judges, or before each of them at the same time. Juries. Sec. 7. Be it further enacted by the authority aforesaid, That all writs and processes in the Superior Courts of Macon Circuit shall be returnable to the terms of said Superior Courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there was but one Judge, it being the intent and purpose of this Act to provide for two Judges, co-equal in jurisdiction and authority, to attend to and perform the functions, powers and duties of Judges of said Superior Courts, and to direct and conduct all hearing and trials in said courts. Judges co-equal.

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Sec. 8. Be it further enacted by the authority aforesaid, That all the functions provided by law, or permitted by law to be done or performed by the Judges of the Superior Courts of this State, whether in their own or in other circuits, or whether sitting in Appellate Courts as provided by law, may be done or performed by either of the Judges of said Macon Circuit. Functions of superior court judges. Sec. 9. Be it further enacted by the authority aforesaid, That said Judges of the Superior Courts of the Macon Circuit shall have and they are hereby clothed with full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets in said courts, and of fixing the order of business. They may assign the hearing of trials by jury for a term to one of said Judges, and the hearing of all other matters not requiring a trial by jury to the other Judge, and they may alternate such order of business at the next term. They may both conduct jury trials at the same time, or they may both hear chambers business and motion business at the same time. They may provide in all respects for holding the Superior Courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for hearing or trial. In all such matters relating to the manner of fixing, arranging for and disposing of the business of said courts where the Judges thereof can not agree, or shall differ, the opinion or order of the Judge senior in term of service as Superior Court Judge shall control. Procedure. Sec. 10. Be it further enacted by the authority aforesaid, That the county authorities of Bibb County are hereby fully authorized and empowered to provide a suitable court-room, jury-rooms and chambers for said additional judge. Court-room, etc. Sec. 11. Be it further enacted, That this Act shall not go into effect until November 1, 1920. Effective November 1, 1920.

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Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 17, 1920. STEPHENS SUPERIOR COURT; TERMS; GRAND JURIES. No. 502. An Act to amend An Act to provide for holding four terms a year of the Superior Court of Stephens County; to prescribe the time for holding the same; to prescribe when and how grand juries shall be required to attend said court, and for other purposes, so as to change the time of holding the Superior Court in the County of Stephens, in the Northeastern Circuit, to provide for drawing grand juries for said court, and for other purposes. Section 1. It is hereby enacted by the General Assembly of the State of Georgia, That the terms of the Superior Court of Stephens County, Georgia, in the Northeastern Judicial Circuit shall begin on the Fourth Monday in January, April, July and October, in each year. Terms, when held. Sec. 2. The Judge shall draw a grand jury for the January and July terms of said court, and in his discretion either in term of time or vacation he may draw a grand jury for the April and October terms of said court. Grand juries. Sec. 3. All laws in conflict with this Act are hereby repealed. Approved August 5, 1920.

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TITLE VI. Miscellaneous Civil AND Penal Laws. ACTS. Agricultural, Industrial and Normal School for Colored Teachers; appropriation. Banking laws amended. Barber's certificate of registration. Bond validation in certain cases. Casualty and Liability Insurance Companies. City Court Judges' salaries in counties of 200,000 population. Clerks of Superior Courts, fees of, in certain counties. Commerce and labor; emigrant agents. Confederate Soldiers' Home; amending Act. Co-operative Marketing Associations. Cotton standards fixed; penalty. Dead bodies; autopsies by State Sanitarium authorities. Dentistry practice regulated. Deputy Clerks' salaries in certain counties. Deputy sheriffs and bailiffs, salaries of in certain counties. Discharged Soldiers' and Sailors' Registration List. Distraint; bond for delivery. Drainage bonds and interest. Escapes, penalty for harboring or concealing. Fish nets in salt water. Foreign corporations, domestication of. Georgia Military College Trustees, powers of. Georgia Normal and Industrial College; entrance applications. Georgia School of Technology; powers of local Board of Trustees. Georgia Training School for Boys; amending Act. Guardians of insane persons; bonds for titles. Honey bees; prevention of diseases; penalty. Illuminating oils, inspection of, etc. Industrial Accidents; Commission created; compensation of injured employees. Insecticides and fungicides regulated. Insurers, deposits by. Jail cases, expedition of. Jail employees, salaries of, in certain counties. Loan business regulated. Ordinaries' fees in certain counties. Paints, sales of; penalty. Park's Code Supplement, authority to acquire. Pension clerk's salary. Pension Commissioner's term of office. Pensions to soldiers and widows. Pensions to soldiers and widows.

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Physical education; co-operation of educational and health authorities. Post roads designated as public roads. Protection of fur-bearing animals; closed season provided. Public service corporation tax clerk. Reports of decisions; publication, etc. Road laws amended. Sales of lands of decedents' estates. School Consolidation Act amended. Schools for illiterate adults. Securities Commission; sales regulated. Sheriffs; mileage added to fees. Shorthand writers of Superme Court and Court of Appeals; salaries fixed. Standard Time Law repealed. State Farm officers' salaries. Stenographic reporters, salaries of, in certain Judicial Circuits. Stenographic reporters, salaries of, in certain Circuits. Transfer of criminal cases from City Courts to Superior Courts. University of Georgia Trustees. Vocational rehabilitation of disabled persons. Warehouse Commissioner designated. Women admitted to School of Commerce of Georgia School of Technology. AGRICULTURAL, INDUSTRIAL, AND NORMAL SCHOOL FOR COLORED TEACHERS; APPROPRIATIONS. No. 765. An Act to amend an Act entitled an Act to amend an Act approved August 21, 1917, providing for the establishment and organization of an Agricultural, Industrial and Normal School in this State, as a branch of the University of Georgia, and for other purposes, by providing for an appropriation of ten thousand dollars for the year 1920, and fifteen thousand dollars for the year 1921, in accordance with the provisions of Section 1 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 Section 1 of the Act approved August 18, 1919, entitled an Act to amend an Act approved August 21, 1917, providing for the establishment and organization of an Agricultural, Industrial and Normal

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School, in this State, as a branch of the University of Georgia, and for other purposes, be amended as follows: By inserting at the end of said section the following words, to-wit: and the sum of ten thousand dollars for the year 1920, and fifteen thousand dollars for the year 1921, be and the same are hereby appropriated to be paid out of the monies arising from the inspection of oil and fertilizer, for the purposes as in said original Act provided. $10,000 for 1920 and 1921. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1920. BANKING LAWS AMENDED. No. 675. An Act to amend an Act approved August 16th, 1919, entitled An Act to regulate banking in the State of Georgia; to create the Department of Banking of the State of Georgia, to provide for the incorporation of banks, and the amendment, renewal and surrender of charters; to provide penalties for the violation of laws with reference to banking and the banking business; and for other purposes, so as to provide for and regulate the equipment, clerical and office expenses of the Department of Banking; to provide for additional fees for the examination of banks; to authorize the Superintendent of Banks to communicate certain information obtained by the examination of banks; to provide when reports of banks shall be transmitted; to authorize banks to acquire the powers of trust company; to require the bonding of employees; to regulate loans by banks; to provide how certificates of deposit shall be signed; to authorize

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the investment of the reserve required against savings and time deposits; to provide for the payment of checks when presented by banks or trust companies, either in currency or exchange, and fixing the rate of such exchange; to authorize the payment of increased capital stock in installments; to provide for the establishment of branch banks out of the surplus fund of the parent bank; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act approved August 16, 1919, entitled An Act to regulate banking in the State of Georgia; to create the Department of Banking of the State of Georgia; to provide for the incorporation of banks and the amendment, renewal and surrender of charters; to provide penalties for the violation of laws with reference to banking and the banking business; and for other purposes, be amended in the following particular, to-wit: Act of 1919 amended. 1. Amendment to Section 8, Article 2. By inserting in the sixth line of Section 8 of Article 2, after the word necessary and before the word furniture, the word equipment, so that the last sentence of said section shall read as follows: He shall be furnished from time to time necessary equipment, furniture, fuel, light and other proper conveniences for the transaction of the business of his office, the expense of which shall be paid by the State in the same manner as the expenses of other offices at the Capitol are paid. Office equipment. 2. Amendments to Section 12, Article 2. By striknear the end of Section 12, Article 2, the words and figures Thirty-six Hundred ($3600.00) Dollars and inserting in lieu thereof the words and figures Five Thousand ($5000.00) Dollars. 3. Amendment to Section 14, Article 2. By inserting in the sixth line of Section 14, Article 2, after the

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words office expenses and before the word provided the words including printing, postage, stationery and office supplies, telephone and telegraph tolls, so that the first sentence of said section shall read: All the expenses incurred in and about the conduct of the business of the Department of Banking, including the salaries of the Superintendent of Banks, the Assistant Superintendent, the Examiners, and Office Assistants and the traveling expenses incurred in examining banks, except the office expenses, including printing, postage, stationery and office supplies, telephone and telegraph tolls, provided for in Section 8 of this article, shall be collected from the banks as hereinafter provided. Expenses of conducting business. 4. Amendment to Section 17, Article 2. By striking the last sentence of Section 17, Article 2, said sentence reading as follows: The expenses of publishing and mailing such reports shall be paid as other expenses of the Department of Banking are paid. Of reports. 5. Amendment to Section 17, Article 2. By striking at the end of Section 20, Article 2, the following: The expense of furnishing certified copies of records and reports by the Superintendent of Banks shall be paid by the person applying for such certified copies before such copies are delivered, except where such copies are called for on behalf of the State. Certified copies. 6. Amendment to Section 5, Article 3. By inserting in the thirty-sixth line of Section 5 of Article 3, after the figures $750,000.00 and before the figures $250.00, the words and figures not exceeding $1,000,000.00, so that the sentence shall read: Where the capital, surplus and individual profits is more than $750,000.00, and not exceeding $1,000,000.00, $250.00; and by adding immediately after the sentence quoted, the following: Examination fees.

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Where the capital, surplus and individual profits is more than $1,000,000.00, and not exceeding $1,500,000.00, $300.00; Where the capital, surplus and individual profits is more than $1,500,000.00, and not exceeding $2,000,000.00, $350.00; Where the capital, surplus and individual profits is more than $2,000,000.00, $400.00. 7. Amendment to Section 9, Article 3. By adding at the end of said section the following: and provided further, that the Superintendent of Banks may in his discretion confer and exchange information with the Comptroller of the Currency of the United States and the National Bank Examiners, and may when he shall deem it to be for the interest of the bank in question discuss its affairs with other banks or persons interested therein or affected thereby. Privacy of information. 8. Amendment to Section 1, Article 4. By striking in the sixteenth line of the first section of Article 4 the word receipt and substituting in lieu thereof the word date, so as to provide that the report required by said section to be made by banks shall be transmitted to the Superintendent of Banks within ten (10) days after the date of request therefor from him, instead of within ten (10) days after receipt of a request therefor from him. Reports; time for transmission. 9. Amendment to Section 1, Article 8. By adding and inserting at the end of Section 1, Article 8, the following: The person filing such application may also acquire all the rights, powers and privileges and immunities, and be subject to all of the liabilities and restrictions conferred and imposed upon trust companies by Sections 2815 to 2821 both inclusive of the Civil Code of Georgia of 1910 and the several Acts amendatory

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thereof, and in addition to the usual banking powers, as conferred and described in this Act, providing such applicants shall allege that at least $100,000.00 of capital stock has been subscribed and actually paid in; provided also such applicants shall pay to the Secretary of State upon filing such application to be converted by him into the Treasury of the State, a fee of $25.00 in addition to the fee of $50.00 above provided, in all cases where trust company powers are desired as above set forth. Applicants' privileges and liabilities. 10. Amendment to Section 1, Article 9. By inserting in the eighth line of Section 1 of Article 9, after the words One Hundred Dollars each, and before the words and any bank, the following: and where the capital stock of such bank subscribed and paid in shall be not less than one hundred thousand ($100,000.00) dollars, so as to acquire all the rights, powers, privileges and immunities, and be subject to the liabilities and restrictions conferred and imposed upon trust companies by Sections 2815 to 2821, both inclusive, of the Civil Code of 1910, and the several Acts amendatory thereof; so that the first clause of said section as amended shall read as follows: Art 9, sec. 1 amended. Any bank, whether incorporated by special Act of the General Assembly or by the Secretary of State under the general law may have its charter amended so as to change its corporate name, or the city, town, or village in which its office is located, or the amount of its capital stock, or the number of shares in which its capital stock is divided, so as to change the par value thereof to One Hundred Dollars each; and where the capital stock of such bank subscribed and paid in shall be not less than One Hundred Thousand ($100,000.00) Dollars, so as to acquire all the rights, powers, privileges and immunities and be subject to the liabilities and restrictions conferred and imposed upon trust companies by Sections 2815 to 2821, both inclusive, of the Civil Code of 1910, and the several Acts amendatory thereof. To be read. Privileges and alibilities.

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11. Amendment to Section 9, Article 9. By adding: provided, however, that the payment of such increase of capital stock may be made in the manner set forth in Section 7 of Article 8 providing for the payment of original capital of such bank. Manner of payment. 12. Amendment to Section 10, Article 19. By inserting in the second line of Section 10, Article 19, between the words officers and the word having the words and employees, so as to require that the cashier and any and all other officers and employees having the care, custody, control or handling of any of the funds of the bank, shall give bond. Bonds of officers. 13. Amendment to Section 18, Article 19. By adding at the end of Section 18, Article 19, the words: and all cerficitase of deposit shall be signed by one officer of the bank and countersigned by another officer or bonded employee thereof. Certificates of deposit. 14. Amendment to Section 27, Article 19. By inserting in Section 27, Article 19, after the body of said section and before the proviso, the words provided that the reserve against savings and time deposits may be invested in bonds of the United States or of this State, at the market value htereof; and by adding at the end of said section the following: and provided that a bank shall have the right to pay checks drawn upon it when presented by any bank, banker, trust company, or any agent thereof, either in money or in exchange drawn on its approved reserve agents, and to charge for such exchange not exceeding one-eighth of one (1) per cent. of the aggregate amount of the checks so presented and paid. Reserves, investment of. Payment of checks. 15. Amendment to Section 3, Article 1. By inserting in the third line of paragraph four, Section 3, Article 1, after the word capital and before the word as the words or surplus. By adding and inserting at the end of paragraph four of Section 3, Article

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1, the words nor shall the parent bank by such assignment of a portion of its surplus reduce the surplus account to an amount less than twenty (20) per cent, of its capital. So that paragraph four of said section when so amended shall read: At the time of the establishment of any branch the Board of Directors of the parent bank shall set aside for the exclusive use of said branch such proportion of its capital, or surplus, as may be required by the Superintendent of Banks; in no event less than is required for the organization of a bank in the city, town or village in which the branch shall be located. Provided, that the parent bank shall not by such assignment of a portion of its capital reduce the capital to an amount less than is required for the organization of a bank in the city, town or village in which said parent bank is located; nor shall the parent bank by such assignment of a portion of its surplus reduce the surplus account to an amount less than twenty (20) per cent of its capital. Art. 1, Sec., amended. To be read. Capital of branch bank. Surplus account. 16. Amendment to Section 11, Article 19. By inserting in the first line of Section 11 of Article 19 between the words officer and agent the word director, so that the section so amended shall read: No officer, director, agent or employee of any bank shall use or borrow directly or indirectly for himself or for any firm or partnership of which he is a member, etc., to the end of the section. Borrowing by officers, etc. Sec. 2. 1. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 14, 1920.

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BARBER'S CERTIFICATE OF REGISTRATION. No. 764. An Act to amend an Act, approved August 17, 1914, providing for the regulation of the practice of the occupation of a barber in certain cities within the State of Georgia, and to provide for the registering and licensing of persons carrying on such practice, and to insure proper sanitary conditions in the barber shops, and to prevent the spreading of diseases in the State of Georgia, to establish a State Board of Barber Examiners to carry out the purposes of this Act, to make penal any violations of the terms of this Act, to provide the punishments therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, that Section 1 of said Act be and the same is hereby amended, by striking from Section 1 of said Actprovided however that nothing in this Act contained shall apply to or effect any person who is now and who for the past three years has been actually engaged in said occupation, and a person so engaged less than three years shall be considered an apprentice, and at the expiration of three years of such employment shall be subject to the provisions of this Act as hereinafter providedso that said section as amended will read as follows: Act of 1914 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That it shall be unlawful for any person to follow the occupation of barbering in cities or towns in excess of five thousand inhabitants unless he will have first obtained a certificate of registration as provided in this Act. To be read.

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Sec. 15. Be it further enacted that all laws or parts of law in conflict with this Act be and the same are hereby repealed. BOND VALIDATION IN CERTAIN CASES. No. 396. An Act to relieve Counties, Municipalities, and other divisions issuing bonds in cases where validation of such bonds has been sought by authority of such Counties, Municipalities, or Divisions as provided by law, and failure to file proper proceedings and where the same has resulted without fault on the part of such Counties, Municipalities or Divisions. Section 1. Be it enacted by the General Assembly of Georgia that in all cases where any county, municipality or other division of the State has heretofore held an election for the issuance of bonds, or shall hereafter hold such election, and where notice has been duly served on the Solicitor-General or the Attorney-General, as the case may be, under authority of such county, municipality or other division, for the purpose of securing a judicial validation of such bonds, and where, in such cases, ther ehas been a failure on the part of such Solicitor-General or other officer to forward within the time limited by Section 446 of the Code, it shall be competent for such county, municipality or other division to represent such facts in writing to the Court, and to represent further that such failure has been without fault on the part of the county, municipality or other division. In such case it shall be the duty of the Court and he shall have power and authority to inquire into the facts, and, upon being satisfied that such failure has not arisen from any fault or neglect on the part of such county, municipality or other division, to pass an order authorizing and directing

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such Solicitor-General or Attorney-General, as the case may be, to proceed within ten days to file the petition authorized by said Section 446, and thereafter the proceedings shall be heard in the same manner as would have been followed had such petition been duly and promptly filed in the first instance. Failure to file proceedings. Duty of court. Sec. 2. Be it further enacted by the authority aforesaid that where proceedings are had as hereinbefore provided, and result in a judgment validating said bonds, the same shall be held and deemed to be as fully and completely validated to all intents and purposes, as though the proceedings had been had originally as now provided by law, and in such event, the judgment of validation shall be finally and completely conclusive in like manner as is now provided by Section 448 of the Code of Georgia. Judgment validating bonds. Sec. 3. Be it further enacted by the authority aforesaid that all laws or parts of laws that conflict with the provision of this Act, be, and the same are, hereby repealed. Approved July 20, 1920. CASUALTY AND LIABILITY INSURANCE COMPANIES. No. 761. An Act to further regulate casualty and liability insurance companies, and for computing reserves for liability and workmen's compensation insurance. 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 reserve for compensation and liability insurance required by law of domestic insurance companies shall

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be computed according to the provisions of the following paragraphs: Section 1. The reserve for outstanding losses under insurance against loss or damage from accident to or injuries suffered by an employee or other person and for which the insured is liable shall be computed as follows: Reserve for outstanding losses. (1) For all liability suits being defended under policies written more than Computation. (a) Ten years prior to the date as of which the statement is made, one thousand five hundred dollars for each suit. (b) Five and less than ten years prior to the date as of which the statement is made, one thousand dollars for each suit. (c) Three and less than five years prior to the date as of which the statement is made, eight hundred and fifty dollars for each suit. (2) For all liability policies written during the three years immediately preceding the date as of which the statement is made, such reserve shall be sixty per centum of the earned liability premiums of each of such three years less all loss and loss expense payments made under liability policies written in the corresponding years; but in any event, such reserve shall, for the first of such three years, be not less than seven hundred and fifty dollars, for each outstanding liability suit on said year's policies. Liability policies. (3) For all compensation claims under policies written more than three years prior to the date as of which the statement is made, the present values at four per centum interest of the determined and estimated future payments. Compensation claims. (4) For all compensation claims under policies written the three years immediately preceding the date as

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of which the statement is made, such reserve shall be sixty-five per centum of the earned compensation premiums of each of such three years, less all loss and loss expense payments made in connection with such claims under policies written in the corresponding years; but in any event in the case of the first year of any such three-year period such reserve shall not be less than the present value at four per centum interest of the determined and the estimated unpaid compensation claims under policies written during such year; provided, however, that in computing the reserve for the statement for December 31st, 1919, and December 31st, 1920, the ratios sixty per centum and sixty-two and one-half per centum respectively shall be used instead of sixty-five per centum as hereinbefore provided. Sec. 2. The term earned premiums, as used herein shall include gross premiums charged on all policies written, including all determined excess and additional premiums, less return premiums, other than premiums returned to policy holders as dividends, and less reinsurance premiums and premiums on policies cancelled, and less unearned premiums on policies in force. But any participating company which has charged in its premiums a loading solely of dividends shall not be required to include such loading in its earned premiums, provided a statement of the amount of such loading has been filed and approved by the Insurance Commissioner. Earned premiums defined. The term compensation as used in this Act, shall relate to all insurances effected by virtue of statutes providing compensation to employees for personal injuries irrespective of fault of the employer. The term liability shall relate to all insurance except compensation insurance against loss or damage from accident to or injuries suffered by an employee or other person and for which the insured is liable. Compensation defined.

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The terms loss payments and loss expense payments as herein used shall include all payments to claimants, including payments for medical and surgical attendance, legal expenses, salaries and expenses of investigators, adjusters, and field men, rents, stationery, telegraph and telephone charges, postage, salaries and expenses of office employees, home office expenses, and all other payments made on account of claims, whether such payments shall be allocated to specific claims or unallocated. Loss payments and loss expense payments defined. Sec. 3. All unallocated liability loss expense payments made in a given calendar year subsequent to the first four years in which an insurer has been issuing liability policies, shall be distributed as follows: Thirty-five per centum shall be charged to the policies written in that year, forty per centum to the policies written in the preceding year, ten per centum to the policies written in the second preceding year, ten per centum to the policies written in the third preceding year adn five per centum to the policies written in the fourth year preceding, and such payments made in each of the first four calendar years in which an insurer issued liability policies shall be distributed as follows: In the first calendar year one hundred per centum shall be charged to the policies written in that year, in the second calendar year fifty per centum shall be charged to the policies written in that year and fifty per centum to the policies written in the preceding year, in the third year forty per centum shall be charged to the policies written in that year, forty per centum to the policies written in the preceding year and twenty per centum to the policies in the second year preceding and in the fourth calendar year thirty-five per centum shall be charged to the policies written in that year, forty per centum to the policies written in the preceding year, fifteen per centum to the policies written in the second year preceding, and ten per centum to the

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policies written in the third year preceding and a schedule showing such distribution shall be included in the annual statement. Distribution of unallocated liability loss expense payments. All unallocated compensation loss payments made in a given calendar year subsequent to the first three years in which an insurer has been issuing compensation policies shall be distributed as follows: Forty per centum shall be charged to the policies written in that year, forty-five per centum to the policies written in the preceding year, ten per centum to the policies written in the second year preceding and five per centum to the policies written in the third year preceding, and such payments made in each of the first three calendar years in which an insurer issues compensation policies shall be distributed as follows: In the first calendar year one hundred per centum shall be charged to the policies written in that year, in the second year fifty per centum shall be charged to the policies written in that year and fifty per centum to the policies written in the preceding year, in the third calendar year forty-five per centum shall be charged to the policies written in that year, forty-five per centum to the policies written in the preceding year and ten per centum to the policies written in the second year preceding, and schedule showing such distribution shall be included in the annual statement. Unallocated compensation loss payments. Whenever in the judgment of the Insurance Commissioner, the liability or compensation loss reserves of any insured under his supervision, calculated in accordance with the foregoing provisions, are inadequate, he may, in his discretion, require such insurer to maintain additional reserves based upon estimated individual claims or otherwise. Additional reserves. Sec. 4. Each insurer that writes liability or compensation policies shall include in the annual statement required by law a schedule of its experience thereunder

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in such form as the Insurance Commissioner may prescribe. Schedule of experience. Sec. 5. On all policies of casualty insurance in force and written for one year or less, there shall be maintained the unearned premium reserve of fifty per centum of the current year's premium; on all such policies in force and written for more than one year there shall be maintained an unearned premium reserve of fifty per centum of the current year's premium, plus the entire premium for subsequent years, provided, such unearned premium reserve may be reduced by the amount of unearned commissions on premiums not more than ninety days past due, which premiums are due from agent, or agencies whose accounts with the Insurance Company are secured by bonds executed by companies licensed to do business in this State. Unearned premium reserve. Sec. 6. Be it further enacted by the authority aforesaid, That the Act entitled An Act to further regulate Casualty Insurance Companies and for other purposes approved August 22nd, 1911, and all other laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Act of 1911 repealed. Approved August 17, 1920. CITY COURT JUDGES' SALARIES IN COUNTIES OF 200,000 POPULATION. No. 380. An Act to fix the salary of Judges of the City Courts of the State in counties having therein a city with a population of not less than 200,000; to provide for the payment of such salaries; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by

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authority of the same, That from and after the passage of this Act the Judge of the City Court in all counties having therein a city with a population of not less than 200,000 according to the latest United States Census, shall have an annual salary of $7,500.00 payable in monthly installments out of the treasury in such counties in the same manner as Judges of such Courts are now paid. Annual salary, $7,500. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 19, 1920. CLERKS OF SUPERIOR COURTS, FEES OF, IN CERTAIN COUNTIES. No. 399. An Act to fix the amount of the fees of the Clerks of the Superior Courts of this State in counties having less than fifty thousand population, shall be entitled to charge and collect for the performance by them of the official duties herein designated; 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 Clerks of the Superior Courts of this State in counties whose population is less than fifty thousand shall be entitled to charge and collect for the performance by them of the official duties herein designated, the following fees, to-wit: Clerks in counties of less than 50,000. For filing and docketing suits (formerly $2.00), $3.00. Fees, scale of. For copy and issuing process (formerly $2.00), $3.00. For each copy after first copy (formerly $.50), $1.00.

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For recording proceedings in civil cases, for exemplification of records, recording mortgages, liens, deeds and similar documents, for recording homestead of personalty, for recording each partition of realty and personalty, for recording motions, for recording and copying proceedings in equitable proceedings and bills of and for recording or copying any instrument of writ-exception to the Supreme Court or Court of Appeals, ing not herein specified, per hundred words (formerly $.15), $.20. For each day's service in attendance upon the Courts (formerly $3.00), $5.00. Attendance fee. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 23, 1920. COMMERCE AND LABOR; EMIGRANT AGENTS. No. 757. An Act to amend Section 2 of the Act of the General Assembly approved August 21, 1911, creating the Department of Commerce and Labor, and the Acts amendatory thereof, by striking out the words for which pay is exacted or received in the fourth line of Praagraph B, by striking out the word monthly in the ninth line of Paragraph C, and substituting therefor the word Daily, and adding a sentence at the end of said paragraph defining emigrant agents; by striking out all of Paragraph D, and inserting an entirely new Paragraph D, so as to require any person desiring to obtain labor in Georgia to be transported for his own use beyond the boundary of the same, to obtain a permit from the Commissioner of Commerce and Labor for so

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doing; providing in Paragraph E a penalty for the violation of provisions of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 2 of the Act creating the Department of Commerce and Labor, approved August 21, 1911, and the Acts amendatory thereof be, and the same are hereby amended by striking out the words for which pay is exacted or received in the fourth line of Paragraph B of said Section; by striking out the word monthly in the ninth line of Paragraph C of said section, and substituting therefor the word daily, and adding a sentence at the end of said paragraph defining emigrant agents; by striking out all of Paragraph D, and inserting an entirely new Paragraph D so as to require any person desiring to obtain labor in Georgia to be transported for his own use beyond the boundary of the same, to obtain a permit from the Commissioner of Commerce and Labor for so doing; and providing in Paragraph E, a penalty for the violation of the provision of this Act, so that said section, when amended, shall read as follows: Act of 1911 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; the kind

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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: To be read. Information and statistics. 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 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 organizations, municipal or government agency, having for its purpose the distribution of labor in this State, and conducted for profit, and to co-operate with similar exchanges in other States and 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 the officials of the State and the various counties of the State are

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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 employers and employees, and wherever practicable, offer his good offices to the contending parties with a view of bringing about friendly and satisfactory adjustment 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 agent, intelligence bureau or employment agency, hereinafter 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 payment to the State of such tax as may be charged, and the filing of a bond in the sum of five hundred ($500.00) dollars 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 an employment agency or person connected 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 of such agency to do business. Jurisdiction. Examination. Reports. Prosecutions. Paragraph C. The Commissioner shall exercise jurisdiction over each person, firm or corporation acting

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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 one thousand ($1,000.00) dollars for the faithful performance of duty, and the payment of such tax as may be required by law. Each emigrant agent shall make a daily report to the Commissioner showing the names, addresses, and number of 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. In contemplation of this Act, the emigrant agent is any person who shall solicit or attempt to procure labor in this State to be employed beyond the limits of the same. Licenses. Daily report. Paragraph D. Any person desiring to secure labor within the State for the use of himself beyond the boundaries of the State must first notify the Commissioner of his intention to secure labor within the State for use outside the State, stating how many laborers are to be secured, where the labor is to be secured, and where said labor is to be transported, the pay to be given said labor, why the labor cannot be secured in the State where it is to be used, the average number of laborers employed, and any additional facts concerning

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the movement of such labor desired by the Commissioner. If satisfied that the person desiring to secure such labor is acting bona fide for himself and desires the labor for his sole use and behalf outside the State, the Commissioner may issue a permit for the removal of such labor beyond the confines of the State, if in his judgment the labor can be spared by the section from which it is sought to be carried. Notification of commissioner. Permit. Paragraph E. Any person, firm, or corporation, or any employee of such person, firm or corporation, who shall fail and refuse to give any information called for by said Act, or who shall make any false representation relative thereto, 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. 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, 1920. CONFEDERATE SOLDIERS HOME; AMENDING ACT. No. 723. An Act to alter, amend and revise the several Acts for the acceptance, creating, maintenance, management and governing of the Confederate Soldiers Home 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 Confederate Soldiers Home of Georgia shall be maintained by the State for the benefit of such ex-Confederate soldiers as may need

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the benefit thereof, for a period of ten years from June 3rd, 1921, or for such period as the number of inmates or applicants may justify or require, in the discretion of the General Assembly. After the expiration of such term, the entire property to belong to the State in fee simple, to be used and disposed of as the General Assembly may deem best. Period of maintenance. Disposition of property. Sec. 2. Be it further enacted that all laws relating to the apportionment of trustees, their powers and duties, the selection of officers for the institution and the government of the institution, shall be continued of force for the period aforesaid. Laws continued of force. Sec. 3. Be it further enacted that ex-Confederate soldiers who are residents of the State of Georgia, and have resided in the State of Georgia for one year prior to the application to admission to the Home and were honorably discharged from the Confederate service, and who are unable by age, infirmity, or poverty to maintain themselves, may be admitted to the said Home, and receive its benefits, under the regulations prescribed by the Board of Trustees, as hereinbefore provided, and shall be furnished with clothing, lodging, medicine and medical attention, and shall perform such duties as may be prescribed by the Superintendent, with the sanction of the Trustees, and, in case of death, shall have a decent burial. Inmates. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved August 16, 1920.

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CO-OPERATIVE MARKETING ASSOCIATIONS. No. 795. An Act to authorize the formation of Co-operative Marketing Associations; to define their powers; to regulate their manner of incorporation; to prohibit all persons, corporations, or associations not organized under this Act from using the word co-operative as a part of his or its business, or corporate name as a trade mark or designation, and providing penalties for so doing; to grant them the power to sue and to be sued, and to hold and own property in its own name, 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 five or more citizens of the State of Georgia may associate themselves together with such other persons as they desire, as a co-operative corporation plan for the purpose of conducting any agricultural, dairy, mercantile, manufacturing, or mechanical, or other business on the co-operative plan, either with or without capital stock, but when the organization is organized or conducted for profit, it must have capital stock, and when the purpose of the members is for mutual help only, no capital stock shall be required. Provided that the provisions of this Act shall apply only to those persons engaged in agricultural pursuits, dairy business, nut growers and fruit growers. The title of such corporation shall begin with the, and end with association, company, corporation, exchange, society or union. For the purpose of this Act the co-operative plan, shall be construed to mean a business firm, when organized with a capital stock, that distributes the net profits of this business, by: First, the payment of a fixed dividend not to exceed 8 per cent. on its capital stock. Second, by setting aside a fixed per cent. annually

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not to exceed ten per cent. of the remaining profits until the reserve fund reaches an amount not to exceed 50 per cent. of the capital stock; third, the remaining profits to be divided each year among the stockholders or patrons, or both as provided by by-laws, in proportion to patronage. Provided that any agricultural or dairy business incorporated hereunder, shall have the right to manufacture, and deal in any article, necessary to the conduct of their respective business. Organization of association. Capital stock. Application. Title. Dividend. Reserve. Profits. Sec. 2. Be it further enacted that they shall sign and acknowledge written articles of incorporation, which shall contain the names of the corporation, the names and residences of the persons forming same, the purposes of the organization, the principal place of business, the amount of capital stock, if any, the number of shares and par value of each share, the number of directors and the names of those selected for the first term and the time for which the corporation is to continue not to exceed fifty years. Articles of incorporation. Sec. 3. Be it further enacted that a certified copy of the articles of incorporation shall be filed with the Secretary of State, who shall file them and in his discretion issue his official acknowledgement of said filing which shall be returned to said incorporation, for which he shall receive the sum of one dollar. A certified copy of the original articles of incorporation and of the certificate of filing of the Secretary of State shall be filed with and recorded by the Clerk of the Superior Court in the charter book of the county in which said incorporation has its office, or principal place of business, and for which said clerk shall be paid the sum of three dollars. Certified copy filed. Said clerk shall thereupon deliver to said corporation a certificate of such filing and recording which is hereby made their certificate of incorporation and right to commence business as such.

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Sec. 4. Be it further enacted, that no corporation organized under the provisions of this Act, when organized with capital stock shall commence business until at least 20 per cent. of its capital stock has been paid for in actual cash and a sworn statement has been filed with the Secretary of State. This section shall apply to only those organized with capital stock. Commencement of business. Sec. 5. Be it further enacted that every association shall be managed by a board of directors of not less than five. The directors shall be elected by and from the stockholders of the association at such time and for such term of office as the by-laws may prescribe and shall hold office for the time which elected and until their successors are elected and shall enter upon the discharge of their duties. But a majority of the stockholders shall have the power at any regular or special stockholders meetings legally called, to remove any director or official for cause, and fill the vacancy, and thereupon the directors or officials so removed shall cease to be directors or officials of said association. The officers of every such association shall be a President, one or more Vice-Presidents, a Secretary and Treasurer, who shall be elected annually, by the directors, and each of said officers must be a director of the association. The office of Secretary and Treasurer may be combined. Each stockholder shall be entitled to only one vote on all matters regardless of the amount held or owned. Voting permissible, by written proxy, when subject is plainly specified in writing. Directors. Election. Removal. Officers. Voting. Sec. 6. Be it further enacted, That no person shall be allowed to own or have an interest of more than 20 per cent. of the capital stock of such corporation. Stock limit, 20 per cent. Sec. 7. Be it further enacted, That such associations shall have the power to adopt by-laws for qualifications for membership and on what conditions and when membership shall cease and the mode of manner of expulsion of a member, and that such association shall

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have the right to carry on said business, or any branches thereof, or any other business, and such associations shall have and may exercise the powers authorized by this Act and all other powers necessarily incidental thereto with such powers as may be exercised by private corporations under the laws of this State where the same are not inconsistent with these granted by this Act. Membership. Powers. Sec. 8. Be it further enacted, That each corporation shall formulate by-laws prescribing the duties of the directors and officials; the manner of distributing the profits of the business, the manner in becoming a member, and such other rules and regulations for its officials and members as will tend to make the corporation an effective business organization; buy, sell and own real estate and other property, and to sue and be sued in its corporate name. By-laws. Sec. 9. Be it further enacted that each corporation organized under the provisions of this Act shall make an annual report to the Secretary of State; provided, such co-operative corporations shall be required to report the names of its stockholders and the amount of stock owned by each for such years only as may be required by the Secretary of State. Be it further, enacted, That all co-operative corporations, companies or associations heretofore organized and doing business under the prior statutes or which have attempted to organize and do business, shall have the benefit of the provisions of this. Act, and may be bound thereby on the paying of the fees provided for in this Act, and filing with the Secretaryof State written eclaration, signed and sworn to by the President and Secretary to the effect that such co-operative corporation or association has by a majority vote of the stockholders decided to accept the benefit of and be bound by the provisions of this Act. No association organized under this Act shall be required to do or perform anything

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not specifically required herein in order to become a corporation or to continue its busness as such. Such corporations as may be organized and operated under the provisions of this Act may subscribe for, own, hold and vote stock in any similar corporation or become a member of such corporation where organized without capital stock. Annual report. Application of act. Sec. 11. Be it further enacted, That no corporation, or company, hereafter organized or doing business for profit in this State shall be entitled to use the title co-operative as part of its corporate or business name or title, unless it has complied with the provisions of this Act, and any corporation, association or company violating the provisions of this section may be enjoined from doing business under such name at the instance of any stockholder or any association legally organized hereunder. Title co-operative. Sec. 12. Be it further enacted, That a charter under this law may be granted for any amount. Charter. Sec. 13. Be it further enacted, That any co-operative corporation association under the terms of this Act may dissolve said corporation on written request by two-of the members of said corporation. Dissolution. Sec. 14. Be it further enacted, That all laws and thirds of the members of said corporation. are hereby repealed. Approved August 17, 1920. COTTON STANDARDS FIXED; PENALTY. No. 751. An Act to make the official cotton standards of the United States the official cotton standards for the State of Georgia; to provide the punishment for a violation of the same, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the official cotton standards of the United States as established and promulgated from time to time by the Secretary of Agriculture of the United States shall, while they are in effect, be the official cotton standards of this State. Official standards of United States. Sec. 2. It shall be unlawful, in or in connection with any transaction or transactions in commerce subject to the jurisdiction of this State or in any publication in this State of a price or prices for or in connection with such transaction or transactions, for any individual, partnership, association, or corporation to indicate the grade of any cotton which is of or within the grades of the said official cotton standards by any name, description, or designation or any system of names, descriptions, or designations not used in said standards. Be it further enacted, That nothing in the previous section is intended to prohibit selling cotton against type. Names of grades. Sec. 3. Each violation of this Act shall be deemed a separate offense which shall be a disdemeanor and punished as for a misdemeanor. Penalty. Sec. 4. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 17, 1920. DEAD BODIES; AUTOPSIES BY STATE SANITARIUM AUTHORITIES. No. 796. An Act to amend an Act entitled an Act to amend an Act approved August 17, 1918, as found in Georgia Laws, 1918, page 114, for the disposition of dead bodied by adding after the word State in line six

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of Section 2 of said Act, the following: Except the Georgia State Sanitarium, located at Milledgeville, Georgia, which institution shall, have the authority to perform autopsies on the dead bodies of persons dying as patients in said institution, all in the discretion of the Superintendent and Medical Staff of said institution. Section 1. The General Assembly of the State of Georgia does enact, That an amendment to an Act, approved August 17, 1918, and found in Georgia Laws, page 114, for the disposition of dead bodies, be and the same is hereby amended by adding after the word State in line six of Section 2 of said Act, the following: Except the Georgia State Sanitarium, located at Milledgeville, Georgia, which institution shall have authority to perform autopsies on the dead bodies of persons dying as patients in said institution, all in the discretion of the Superintendent and Medical Staff of said institution, so that Section 2 of said Act where amended shall read as follows: Act of 1918 amended. To be read. Sec. 2. Be it further enacted by the authority aforesaid, That all public officers of this State and their assistants, and all officers and other deputies of every county, city, town or other municipality, and of every prison, chain-gang, morgue, public hospital, sanatorium or sanitarium in this State (except the Georgia State Sanitarium, located at Milledgeville, Georgia, which institution shall have authority to perform autopsies on the dead bodies of persons dying as patients in said institution, all in the discretion of the Superintendent and Medical Staff of said institution) having control over any dead human body, not dead from contagious or infectious disease, and required to be buried at public expense, are required to notify the Board of Distribution, or such person as may from time to time be designated in writing by said board, or its duly authorized officer, whenever any such bodies come into their possession

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or control, and shall without fee or reward, deliver such bodies and suffer the board and its duly authorized agents who may comply with the provisions of this chapter, to remove all such bodies, to be used only within this State solely for the advancement of medical science, provided that no such notice shall be given, or shall any body or bodies be delivered, if any person claiming to be and satisfying the authorities in charge of said body or bodies that he or she is of any degree of kin, or is related by marriage to, or socially or otherwise connected with and interested in the deceased, shall claim that the said bodies or body for burial, but it or they shall be at once surrendered to such person for interment, or shall be buried at public expense at request of such claimant if a relative by blood or connection by marriage; provided he or she is financially unable to supply such body or bodies with burial. State Sanitarium excepted. 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 is hereby repealed. Approved August 17, 1920. DENTISTRY PRACTICE REGULATED. No. 740. An Act to revise the Dental Laws of Georgia; to establish a Board of Dental Examiners of Georgia and to prescribe the powers and duties of such board, to define and regulate the practice of dentistry in said State, to provide for the granting and registration of license or authority to practice dentistry in said State, for establishing any lost or destroyed license of authority to practice dentistry in said State, for the revocation and renewal of such

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license or authority, for the removal of certain persons from the practice of dentistry in said State and the restoring to such practice; to prescribe the duties of those practicing dentistry in said State; to make it unlawful to practice dentistry in said State without lawful authority and registration of the same; to make it unlawful to violate the provisions of this Act; to prescribe a penalty for the illegal practice of dentistry in said State and for the violation of the provisions of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that a Board of Dental Examiners is hereby created for said State to be known as the Board of Dental Examiners of Georgia. Said board shall consist of five members to be appointed as herein-after stated, provided, however, that the present members of the Board of Dental Examiners of said State, to-wit: Thomas Cole of Newnan, D. D. Atkinson of Brunswick, Sam D. Rambo of Marietta, P. E. Callihan of McRae and H. Herbert Johnson of Macon, shall each serve as members of the board herein created until his respective term as a member of the present board of Dental Examiners of Georgia shall expire and until his successor is appointed. The members of the board herein created shall be appointed and commissioned by the Governor of said State, as follows, to-wit: The Georgia State Dental Society shall, at its first annual meeting after the passage of this Act, and shall at each annual meeting thereafter, nominate four reputable practicing dentists, and from those so nominated the Governor of said State shall appoint one member to said Board of Dental Examiners to serve five years and until his successor is appointed. The terms of the members of said board shall be for a period of five years beginning each one every year on the first day of August. In case of a vacancy on said board, the same

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shall be filled by appointment of the Governor, upon recommendation of the President of the Georgia State Dental Society. Provided, however, that no one shall be eligible as a member of said Board unless he shall be a citizen of said State and shall have been lawfully engaged in the practice of dentistry for five or more years at the time of his appointment. Provided, fruther, that the present organization of the Board of Dental Examiners of Georgia be continued under the provisions of this Act by the members now composing said board until changed by the members of said board or their successors. Board of Dental Examiners. Members designated. Vacancies. Eligibility. Sec. 2. Be it further enacted by the authority aforesaid, That the Board of Dental Examiners of Georgia herein created shall have the following officers elected by the board from its members, to-wit: A President and Secretary and Treasurer and such other officers as the board in its discretion may elect, provided, however, that the office of Secretary and Treasurer shall be filled by the same person. Officers. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of said Board of Dental Examiners of Georgia to meet annually at Atlanta at the the close of the session of a majority of the dental colleges of the State, and to meet regularly at the same place during the same week as the annual meeting of the Georgia State Dental Society, and to hold such other meetings when and where the duties of the board may require. It shall also be the duty of said board to meet in any call meeting that may be ordered in writing by not less than three members of said board, or by its President, upon not less than fifteen days notice in writing, stating the time, place and object for such call meeting. Time of meeting. Sec. 4. Be it further enacted by the authority aforesaid, That it shall also be the power and duty of said board at its annual meeting in Atlanta, and at such

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other times and places as it may direct, to examine all applicants for license to practice dentistry in said State who are entitled under this Act to be so examined, and to issue license to practice dentistry according to the provisions of this Act; to collect and apply all fees as directed by this Act; to keep a book showing the names of all persons to whom license has been granted by said board to practice dentistry; to keep a bookof the names, arranged in alphabetical order, of all persons authorized to practice dentistry in said State; to keep minutes and a record of all the acts of said board and such other books and records as may be necessary to show the acts of said board; to make all necessary by-laws and rules for the government of said board and the performance of its duties and to have and use a common seal bearing the name Board of Dental Examiners of Georgia. Examinations of applicants. Licenses. Minutes. By-laws. Sec. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of the Secretary of said board to keep at his office in said State, the minutes of said board, together with all books and records of said board, which said books and records shall be public records, open to the inspection of the public, except on Sundays and legal holidays, a copy of all or any part of any record or book certified by the Secretary and Treasurer of the board, with the seal of said board attached, shall be primary evidence in any Court of the State, and it shall be the duty of the Secretary and Treasurer of said board to furnish to any person making application therefor, a copy of any part or all of any record or book of said board upon the applicant paying a fee of fifteen cents per hundred words so copied, which fee shall be retained by the Secretary and Treasurer as compensation for his services in making and certifying such copy, all of which copies shall be certified by the Secretary and Treasurer and be under the seal of said board. Records.

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Sec. 6. Be it further enacted by the authority aforesaid, That all persons shall be held to be practicing dentistry within the meaning of this Act who shall charge a fee or salary or any other reward, whether paid or unpaid to anyone directly or indirectly, for operations or parts of operations of any kind in the treatment of diseases or leisions of the human teeth, mouth, gums or jaws, or extract teeth or attempt to correct the malposition thereof or who shall fill or crown a human tooth or teeth, or do any operation whatsoever on the human tooth, or teeth, gums or jaws, or who shall make examination of any human tooth, teeth, gums or jaws, or take an impression thereof for the purpose of treating or operating upon the same or who shall by any means whatsoever make it known, or imply that he will do such operations. And be it further enacted that proof of any one or all of the acts mentioned above in the section shall constitute prima facie evidence of the practice of dentistry. Practice of dentistry defined. Sec. 7. Be it further enacted by the authority aforesaid, That said board may examine only those applicants for license to practice dentistry in said State, who furnish satisfactory evidence of a good moral character, of having been graduated from a school of dentistry, whose term and curriculum is equal to that of a majority of the schools of dentistry in the United States, and if such examination is satisfactory to the board, a license to practice dentistry in said State shall be granted to such applicant. Eligibility of applicants for license. Sec. 8. Be it further enacted by the authority aforesaid, That said board may without examination by comity under such rules and conditions as it may prescribe, license any one of good moral character, who has been regularly licensed and authorized by the laws of any other State to practice dentistry, to practice dentistry in Georgia; and said board may also in its discretion, enter into an agreement with any similar board of any

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other State to the effect that the parties to such agreement under the condition therein stipulated, will grant license to practice dentistry on the faith of a license granted by either party to said agreement. License without examination. Sec. 9. Be it further enacted by the authority aforesaid, That all persons licensed by said board to practice dentistry shall cause such license to be registered by the Clerk of the Superior Court in the county or counties in which they may desire to practice dentistry, before beginning of such practices, and that when a license is issued to any person to practice dentistry in the State of Georgia, the same shall be registered with the Clerk of the Superior Court of the County of Fulton, said State, and should such persons subsequently desire to practice dentistry in said State, then such license shall be, before the beginning of such practice, registered in the county or counties in which such persons practice. Any one who does not desire to immediately practice dentistry upon the issuance of a license to him by said board, shall cause same to be registsered in the office of the Clerk of the Superior Court in the county of the residence of such person, and if such person is a non-resident of said State, he shall cause the same to be registered in the office of the Clerk of the Superior Court of Fulton County, said State. All persons to whom a license may be granted shall so register their license, as provided in this Act, within six months from the date of issuance thereof, whether practicing or not, and to pay the said Clerk a fee of fifty cents for said service, and the failure of any one to so register his license shall work a forfeiture thereof and the same shall become null and void, but may be restored by paying to said board the sum of twenty dollars. Registration of license. Sec. 10. Be it further enacted by the authority aforesaid, That the board shall prescribe a form of certificate for registration with the Clerk of the Superior Court, and a copy shall be furnished any one by the

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Secretary upon demand, upon a charge of fifty cents fee. Certificate for registration. Sec. 11. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person to practice dentistry in the State of Georgia, unless said person shall have obtained a license to so practice from the Board of Dental Examiners duly authorized and appointed under the provision of this Act. Unlawful practice. Sec. 12. Be it further enacted by the authority aforesaid, That all signs, cards, announcements or methods used to state or imply that dentistry may or will be done by any one at any place in said State must also include the full names of each individual practicing dentistry in such place. Names of practioners. Sec. 13. Be it further enacted by the authority aforesaid, That if any dentist shall be guilty of cruelty, incapacity, unskillfulness, gross negligence, indecent conduct toward patients or any such professional misbehavior, or show unfitness upon the part of the dentist to practice, shall be guilty of misdemeanor, and on conviction in any Court of this State having jurisdiction of such offense, shall be fined as prescribed in Section 1065 of the Penal Code of Georgia, and his license to practice dentistry shall be revoked by the board. That any party making false statement or representation before the board for the purpose of obtaining license shall be guilty of a misdemeanor. Unfitness for practice. Penalty. False representation. Sec. 14. Be it further enacted by the authority aforesaid, That said Board of Dental Examiners may, through its members or other suitable persons, from time to time, take a census of all practicing dentists of any locality, city or county in said State when it may consider it necessary for the purpose of carrying out the provisions of this Act, and said board may at any time cause the names of all regular licensed dentists

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in any locality, city or county, to be posted or published, and said board is authorized to pay for taking such census, and so posting or publishing such names. Census. Sec. 15. Be it further enacted by the authority aforesaid, That the violation of any provisions of this Act or the practicing of dentistry in said State in violation of any provision of this Act shall constitute a misdemeanor and any one found guilty thereof shall be punished as prescribed in Section 1065 of the Penal Code of Georgia. Penalty. Sec. 16. Be it further enacted by the authority aforesaid, That on a trial before the board of any party for any cause to revoke license, the defendant having due notice of the time and place of hearing, and a copy of the charges served upon him fifteen days before said hearing, that upon conviction of said charges, or any one of them, shall have the right of certiorari to the Superior Court; subpoenas signed by the Secretary and Treasurer, issued in behalf of both parties, testimony can be taken by interrogatories or depositions as now provided by law. Notice and hearing of charges. Ceritorari. Sec. 17. Be it further enacted by the authority aforesaid, That said board shall have the power to enforce any and all of its lawful orders of subpoenas and to punish as for a contempt any one obstructing or violating same, and shall also have the power to conduct any and all hearings before it in an orderly and legal manner, and to punish anyone as for a contempt who may attempt to or who may interfere with or in any manner obstruct such hearing, and may also punish as for a contempt any act of indecorum or discourtesy committed in the presence of the board when in session. The said board may fine anyone for a contempt not exceeding one hundred dollars, and in default of the payment thereof may commit the offender to any common jail not exceeding ten days. Enforcement of orders.

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Sec. 18. Be it further enacted by the authority aforesaid, That it shall be the duty of the several sheriffs of this State, their deputies and the constables of said State to serve any and all lawful orders and subpoenas of said board, and that said board may appoint any person to serve such orders and subpoenas whose duty it shall be to execute the same. Service of orders and subpoenas. Sec. 19. Be it further enacted by the authority aforesaid, That all orders and processes of the board shall be signed and attested by the Secretary and Treasurer of the board in the name of the board, with its seal attached, and that any notice or legal process necessary to be served upon the board may be served upon its Secretary and Treasurer. Notice of legal process. Sec. 20. Be it further enacted by the authority aforesaid, That each member of the board shall upon the receipt of his commission, file with the Secretary and Treasurer his postoffice address and thereafter a notice of any change therein and any notice mailed to such address by the Secretary and Treasurer of the board, shall be deemed to comply with the requirements of this Act as notice to them. Filing of addresses by members. Sec. 21. Be it further enacted by the authority aforesaid, That three members of the board shall constitute a quorum for the transaction of business at any meeting of the board and should a quorum not be present on the day appointed for such meeting, then those members present may adjourn the meeting from time to time until a quorum is present. Quorum. Sec. 22. Be it further enacted by the authority aforesaid, That said board shall charge in advance each person applying to or appearing before it for examination for license to practice dentistry, a fee of five dollars, and shall also charge each person applying to it for the renewal of a license or authority to practice dentistry or for the establishment of a license or authority

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that has been lost, five dollars, to be paid in advance, which said charges shall cover the entire service for granting or issuing license to practice dentistry and shall be paid to the Secretary and Treasurer of the board, and in no case refunded to the applicant. Out of such the members of the board may receive a compensation for their services, the sum of seven dollars each for each day actually engaged in the duties of their office, and may also receive all necessary expenses actually incurred in attending the meetings of the board or in the prosecution of its business. The said board may also from such funds pay the expenses of one of its members to the annual meeting of the National Association of Dental Examiners and also the annual membership dues to said association, and all other incidental expenses. All expenditures by the board shall be paid from the funds received by the board under the provisions of this Act upon order of the board by its Secretary and Treasurer, and no part of the salary of any member or officer of the board or any other officer of the board or of any other expense incurred by the board, shall ever be paid out of the State Treasury. All money received in excess of the expenses ordered to be paid by the board shall be held by the Secretary and Treasurer as a special fund for the meeting of the expenses of the board and the Secretary and Treasurer of the board shall give such bond conditioned for the faithful performance of his duty from time to time, as the board may direct, and shall receive such compensation for his services from the funds aforesaid, as the board may prescribe. The said board shall make an annual report of its proceedings to the Georgia State Dental Society, including a report of all money received and disbursed by said board under the provisions of this Act. Fees. Expenses. Annual reports. Sec. 23. Be it further enacted by the authority aforesaid, That said board is also empowered for the purposes of carrying out the provisions of this Act and

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to enforce the same by prosecution or otherwise, to employ and pay counsel to represent the board out of the funds collected by the said board and is also empowered and to so pay counsel to prosecute anyone in the Courts of this State for the violation of the provisions of this Act, and to pay other expenses incurred in prosecuting cases. Counsel. Sec. 24. Be it further enacted by the authority aforesaid, That it shall be, on the trial of any one charged with the violation of the provisions of this Act, or with the illegal practice of dentistry in said State, incumbent on the defendant upon proof that he practiced dentistry in said State, to show that he had authority under the law to so practice dentistry to exempt himself from the penalty of such violation. Burden of proof. Sec. 25. Be it further enacted by the authority aforesaid, That no one practicing dentistry in this State without first complying with the provisions of this Act shall be entitled to collect any fee or reward for his services. Practitioner's fees. Sec. 26. Be it further enacted by the authority aforesaid, That no person lawfully authorized to practice dentistry in said State at the time of the passage and adoption of this Act shall be required to obtain any license or additional authority to practice dentistry in said State; provided, however, that all persons now lawfully practicing dentistry in this State shall register as a practicing dentist, with the Secretary and Treasurer of said Board, and pay a fee of fifty cents therefor to said Secretary and Treasurer for said service, as provided in this Act. Persons lawfully authorized to practice destistry. Registration. Sec. 27. Be it further enacted by the authority aforesaid, That nothing in this Act shall prohibit regularly chartered dental colleges or dental departments of reputable colleges and universities from maintaining regular college clinics under the supervision of regularly

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licensed and registered demonstrators, nor shall this Act prevent regularly licensed dental practitioners of other States and counties from giving clinics before any dental society or association of this State whose objects are the advancement and improvement of dentistry as a science. College clinics. Sec. 28. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not apply to regularly licensed physicians of said State in extracting teeth or performing surgical operations and in charging therefor; and the same shall not apply to any person extracting teeth without fee or reward. Application of act. Sec. 29. Be it further enacted by the authority aforesaid, That any person practicing dentistry in this State may be and is hereby exempt from jury duty, provided that this exemption shall not operate to disqualify those dentists who may wish to serve as jurors. Exemption from jury duty. Sec. 30. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved August 17, 1920. DEPUTY CLERKS' SALARIES IN CERTAIN COUNTIES. No. 543. An Act to prescribe and fix the compensation of Deputy Clerks of the Superior Courts in counties having a population of two hundred twenty-five thousand or more, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act all Deputy Clerks of the Superior Courts in counties

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having a population of two hundred twenty-five thousand or more, shall receive as compensation for such services the sum of six dollars per day for each and every day such Clerk shall work whether during the vacation or term of said Courts. Compensation $6 per diem. Sec. 2. Said compensation shall be paid from the treasury of the county in which said service is performed. To be paid from treasury. Sec. 3. All laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1920. DEPUTY SHERIFFS AND BAILIFFS, SALARIES OF, CERTAIN COUNTIES. No. 460. An Act to regulate the salaries of deputy sheriffs and bailiffs in counties having a population of not less than 80,000 and not more than 130,000, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after January 1, 1921, the deputy sheriffs and bailiffs of the Superior and City Courts in counties having a population of not less than eighty thousand and not more than one hundred and thirty thousand shall receive a salary of one hundred and fifty dollars a month. Salaries fixed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1920.

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DISCHARGED SOLDIERS' AND SAILORS' REGISTRATION LIST. No. 405. An Act to require the tax collectors of the several counties of this State to place the names of persons discharged from the United States Army and Navy on a list to be known as Discharged Soldiers' and Sailors' List; to prescribe the requirements to be complied with before placing names on said list; to require the tax collectors to furnish such list to the Boards of Registrars; to require the Registrars to place the names of such persons on the registration lists, upon certain conditions; to provide that all persons whose names appear on said list shall, if not otherwise disqualified, be entitled to vote, without the payment of poll taxes and to include road tax accruing within six months previous to their entry into the service of the United States and within six months after their discharge; to provide a penalty for the making of a false oath, 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. The tax collectors of the several counties of this State shall, upon application therefor by any persons discharged from the United States Army or Navy, place the name of such person upon a list to be known as Discharged Soldiers' and Sailors' List, which shall be kept in his office, open to public inspection, during office hours. Compilation of list authorized. Sec. 2. The name of no person shall be placed upon said list unless the following requirements are complied with: Eligibility of persons listed.

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Such persons shall apply to the tax collector of the county of which he was a resident before entering the services of the United States, and shall take and subscribe an oath before said official, his lawful deputy or any other officer of this State authorized to administer an oath, stating his name, age, residence and occupation at date of entering the service, and also the exact date and place of entering the service; and shall produce to the tax collector, for his inspection, the original or a certified copy of his discharge signed by the proper official of the United States Army or Navy; and if it shall appear to said tax collector that said discharge is regular and in proper form and upon payment to said tax collector of all taxes due the State and county except poll taxes and road taxes which may have accrued within six months previous to his entry with the service of the United States, and also poll taxes and road taxes which may have accrued within six months after his discharge the name of said person shall be placed upon said Discharged Soldiers' and Sailors' List. Sec. 3. The tax collector shall furnish said list to the Boards of Registrars of the several counties before or at the time of making up the regular bi-ennial or any special registration list for elections to be held in said county; and all persons whose names appear on said list shall, if not otherwise disqualified, be entitled to vote at any election held in said county and shall not be disqualified on account of non-payment of poll taxes and road taxes which may have accrued within six months previous to their entry into the service of the United States or within six months after their discharge: Provided, however, that nothing herein shall be construed to permit any person to vote who may be disqualified for cause other than as above set forth. Registration lists for county elections. Sec. 4. Any person taking or subscribing an oath under the provisions of this Act knowingly and wilfully

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false shall be guilty of a felony and on conviction shall be punished by confinemnet in the penitentiary for not less than three nor more than ten years. Penalty for violation. Sec. 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved July 17, 1920. DISTRAINT; BOND FOR DELIVERY. No. 747. An Act to require a forthcoming bond for property levied on in all cases where levy is made under a distress warrant for rent; to provide the method of taking such bond; 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 in all cases where property is levied on under any distress warrant for rent and the tenant desires the possession of such property it shall be the duty of the sheriff, or other levying officer, to take a bond with good security for a sum equal to double the value of the property levied on, to be estimated by the levying officer, for the delivery of such property at the time and place of sale; provided, the property so levied on shall be found subject to such rent: Provided that it shall not be lawful to require or take a forthcoming bond for real estate. This is in addition to replevy bond required in such cases, as is now provided by law. Bond for delivery. Sec. 2. Be it further enacted by the authority aforesaid, That if the tenant shall file a counter affidavit to said distress warrant requiring the giving of a replevy bond as now provided by law, it shall be lawful

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for the levying officer to accept the same security on both bonds, and on the trial of the case the plaintiff shall elect whether he will take a money verdict or whether he will proceed against the property so levied upon. And the Judge shall instruct the jury to render a verdict in accordance with the election of the plaintiff, if the jury should find the plaintiff is entitled to recover. Counter-affidavit. Election of verdict. 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, 1920. DRAINAGE BONDS AND INTEREST. No. 786. An Act approved August 19, 1911, providing for a system of reclaiming the wet, swamp, and overflowed lands, by providing an amendment of Section 2 of the Act approved August 21, 1917, which was an amendment to Section 1 of the Act approved August 16, 1913, by striking the words fifty thousand and inserting in lieu thereof the words one hundred thousand whenever found in said Section 2, 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 Section 2 of the Act approved August 21, 1917, amending the Act approved August 19, 1911, providing a system for the reclaiming the wet, swamp and overflowed lands of the State, which Act of 1917 amended the Act approved August 16, 1913, by striking the words fifty thousand in Section 2 and inserting in lieu thereof the words one hundred thousand wherever found in said Section 2, so that said

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section, when so amended, will cause Section 1 of said Act approved August 16, 1913, to 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, 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 one hundred thousand dollars, that the rate of interest thereof may be fixed by the Board of Drainage Commissioners at not more than eight per cent. per annum. Act of 1913 amended. To be read. Amount of bonds. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 17, 1920. ESCAPES, PENALTY FOR HARBORING OR CONCEALING. No. 799. An Act to prohibit any person from harboring, receiving, or concealing escapes of persons committed to confinement under the Code Section 1280 to 1288; and who shall aid the escape of such person; and to provide punishment 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, any person or persons who shall aid in the escape of any person or persons committed to the places of confinement mentioned in Section 1280 to 1288, both inclusive, of Penal Code of the State of Georgia of 1910, or who shall receive, harbor or refuse to

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deliver upon demand to a county arresting officer any such person who shall have escaped from either of the places of confinement mentioned in said sections of the Code, knowing the same to have so escaped therefrom, shall be guilty of a misdemeanor and punished as provided by law for the punishment of misdemeanors. Penalty. 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, 1920. FISH NETS IN SALT WATER. No. 766. An Act to prohibit the use of nets over thirty (30) feet in length for the catching of fish in the salt waters of this State, within three (3) miles of an incorporated town, located on an island. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person to use any net over thirty (30) feet in length for the catching of fish in the salt waters, rivers, creeks and estuaries of the State of Georgia, and along the ocean beaches of this State within three (3) miles of an incorporated city or town, located on an island. Any one violating any of the provisions of this Act shall be guilty of misdemeanor. Size of net. Sec. 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved August 17, 1920.

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FOREIGN CORPORATIONS, DOMESTICATION OF. No. 771. An Act to authorize foreign corporations doing business in the State of Georgia to become domesticated and to provide the means therefor and the consequence thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia, That all foreign corporations now doing business in the State of Georgia, or which may hereafter do business in the State of Georgia, and whose business is not against the public policy of this State, shall have the power to become domesticated in the manner hereinbefore pointed out; and upon becoming domesticated such corporations shall have the same powers as similar corporations created under the laws of the State of Georgia have, subject to same obligations, duties, liabilities and disabilities as if originally created under the laws of Georgia; and shall no longer have that power of removing causes to the United States Courts which inheres in foreign corporations. Power to become domesticated. After domestication. Sec. 2. Be it further enacted by the authorities aforesaid, That the foreign corporations referred to in the foregoing section, which desires to become domesticated shall file a petition to that effect in the office of the Clerk of the Superior Court of the county in which it desires to have its principal place of business in the State of Georgia, if the said corporation is of that kind which, if originally incorporated under the laws of Georgia, would have been incorporated by the Superior Court, and shall set out a certified copy of the charter granted by its home State and a certified copy of the resolution adopted by a majority of its stockholders, in meeting assembled, authorizing the filing of said petition; and if said corporation is of the kind which would have been originally incorporated under

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the laws of this State by the Secretary of State, the aforementioned petition, certified copy of charter and certified copy of the resolution of the stockholders shall be filed with the Secretary of State. Said petition shall be published in the manner required by the laws of this State, applicable to the original incorporation of similar corporations under the laws of this State, and after said publication the said petition shall be examined by the Judge of the Superior Court of the county in which the application is filed if the same is filed in the Superior Court, or by the Secretary of State if the same is filed with the Secretary of State. Petition. Publication. Examination. And in the event it is found that the purpose of said corporation is not against the public policy of the State an order shall be entered domesticating the said company. Provided, however, that if any provisions of the charter of said corporation be such as would not have been originally granted if the charter had been applied for under laws of this State, such powers shall not be exercised within this State. Provided further, that this domestication shall extend for a period of twenty (20) years with the privilege of renewal as is provided for similar corporations incorporated under the laws of this State, unless the charter of said foreign corporation would earlier expire; in which event domestication shall extend only to the duration of the original charter of said foreign corporation, unless the said charter be renewed by its home State, and certified copies of the renewals and amendments to said charter shall be filed in the office of the Secretary of this State. Order domesticating company. Period and renewal. Sec. 3. Be it further enacted, That upon the granting of the petition for domestication by the Judge of any Superior Court, a certified copy of the proceedings granting said petition shall be filed with the Secretary of this State. The Judge of the Superior Court is authorized to act on said petitions in term or in vacation.

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The petitioner shall pay the costs prescribed by the laws of this State as though the said corporation had been originally incorporated under the laws of this State, and the Secretary of State shall be entitled, for the filing of certified copies of the proceedings in the Superior Court hereinbefore mentioned, to a fee equal to fifteen (15) cents per hundred words contained in said proceedings. Certified copy filed. Sec. 4. Be it further enacted, That in such instance the petition shall state the principal office of said company in Georgia, the amount of capital stock authorized, the amount of capital stock subscribed for, whether preferred or common, and the amount actually paid. The said corporation shall have no power which it could not have acquired if it had been incorporated under the laws of Georgia. The State of Georgia shall have the same visitorial power over such domesticated corporations as it has over corporations created under the laws of this State. Principal office, capital stock, etc. Sec. 5. 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 17, 1920. GEORGIA MILITARY COLLEGE TRUSTEES, POWERS OF. No. 673. An Act to give additional powers and authority to the local Board of Trustees of the Georgia Military College, formerly the Middle Georgia Military and Agricultural College, at Milledgeville, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority

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of the same, That in addition to the powers conferred upon the local Board of Trustees of the Georgia Military College, formerly the Middle Georgia Military and Agricultural College, at Milledgeville, Georgia, by the original Acts establishing said college and the Acts amendatory thereto, the said local Board of Trustees shall have authority to determine the policy and shape the conduct of said college; and the said local Board shall have authority to appoint a Treasurer who shall receipt, hold and disburse the funds of said school. Said Board shall have authority to fix the compensation of all officers of the Board, the professors, teachers and employees of same, receive donations, bequests and contributions to said institution; to sign, execute and deliver in the name of said college all bonds that may be required of said college or its officers, or said Trustees; to execute and deliver in the name of said college all contracts that may be needed or necessary and to borrow money, execute and deliver the notes of said college, and to secure the same; and generally to do any and everything usual or necessary in the administration of said school, or arises in the management and progress of the institution. Policy and conduct of college. Treasurer. Compensation of officers, etc. Delivery of bonds and contracts. Sec. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 12, 1920. GEORGIA NORMAL AND INDUSTRIAL COLLEGE; ENTRANCE APPLICATIONS. No. 457. An Act to amend an Act approved November 8, 1888 establishing the Georgia Normal and Industrial College at Milledgeville, Georgia, by striking certain

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language in Section 12 of said Act and substituting other words therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act Section 12 of the Act approved November 8, 1889, establishing the Georgia Normal and Industrial College, shall be amended by striking therefrom the following words, beginning with the word after in the 7th line of said section and ending with the word college in the 12th line. After giving notice for not less than two weeks, the Board of Education in each county shall ascertain which of the applicants from their respective counties are qualified to enter said college, and select from those so qualified to enter those to be sent from their respective counties and certify such selections to the President of the Georgia Normal and Industrial College and substitute therefor the following words: The President and faculty of the Georgia Normal and Industrial College shall ascertain which of the applicants from their respective counties are qualitied to enter said college, giving preference to the High School graduates coming from counties in Georgia having the smallest relative representation, and especially to the graduates who send in their applications promptly and in good form, with properly established records from former Principals as to the character, health, scholarship, personality, earnestness of purpose and ability of the applicant. Act of 1889 amended. Applications. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved July 31, 1920.

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GEORGIA TRAINING SCHOOL FOR BOYS, AMENDING ACT. No. 726. An Act to amend an Act to create a State institution to be known as the Georgia State Reformatory, passed August 23, 1905, amended to change the name of the institution to Georgia Training School for Boys, and to vest the supervision and control in a Board of Managers, instead of the Prison Commission, etc., approved August 18, 1919; by limiting those required to enter into bond to the President, Treasurer and Superintendent of the School; to require the county or municipality to defray the expense of transportation to the school; to provide that commitment by Judges of Juvenile and Superior Courts shall be subject solely to the control of the authorities in charge of said institution, and for 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 23, 1905, entitled An Act to create a State institution to be known as the Georgia State Reformatory, and amended August 19, 1919, by placing the control in a Board of Managers instead of the Prison Commission, be and the same is hereby amended as follows: Be it further enacted, That the last word in Section 15 of the Act of 1905 be stricken and in its place the following shall be substituted: The county from which a person may be committed, so that Section 15 shall read as follows: Act of 1905 amended. Whenever any Court in this State shall commit any person to the Training School for Boys, the Clerk of said Court shall furnish to the Board a certified record showing the order of commitment, age of the person,

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and the offense for which he or she was committed. Upon receipt of such record the Board shall be authorized to receive the person committed, his county or municipality defraying the expense of transportation to the State Training School for Boys. To be read. Sec. 2. Be it further enacted, That Section 5 of the original Act as amended August 18, 1919, shall be amended by requiring only the President, Treasurer and Superintendent of the School to enter into bond, as prescribed by the Governor, so that the section shall read as follows: Sec. 5 amended. The general supervision, control and government of said Training School shall be vested in a Board of Managers, consisting of the State School Commission of Georgia, the Secretary of the Board of Health of the State of Georgia (both of whom shall be ex-officio members of said Board of Managers, and five other persons, citizens of said estate, two of whom may be women, to be appointed by the Governor. Said Board shall be known as the Board of Managers of the Training School for Boys. Upon the passage and approval of this Act the Governor shall appoint the five appointive members of said Board, one for two years, two for four years, and two for six years, and thereafter their successors for a term of six years. The Governor shall fixe a time and place for the first meeting of said Board within sixty days from their appointment, and shall call said Board together for organization and to arrange to take over the control, supervision and government of the institution heretofore known as the Georgia State Reformatory. Said Board of Managers shall receive no compensation for their services except their actual necessary expenses in attending upon meetings of said Board of performing actual work in connection with said institution, which shall be paid out of the general appropriation for said institution. They shall qualify as members thereof by taking and

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subscribing to an oath to faithfully and impartially discharge their duties as member of said Board, and the President, Treasurer and Superintendent of the school shall enter into bond in such sum as shall be prescribed by the Governor, conditional on the faithful performance of all duties required of them; and the legal accounting for all moneys entrusted to them for the use of said institution. The expense for making said bond shall be paid out of the appropriation for said institution as necessary expenses are paid. To be read. Bonds of President, Treasurer, Superintendent. Sec. 3. Be it further enacted, That said Act be amended by adding thereto another section, to be numbered as Section 26, which will read as follows: Judges of Superior Courts, as well as Judges of Juvenile Courts, are authorized to commit incorrigible persons to this institution. Any commitment by Superior or Juvenile Courts shall be final, any child committed thereto being subject solely to the control of the authorities in charge of said institution with regard to rules for parole, discharge, etc. If there is room, parents may be allowed to enter incorrigible boys on payment of the fees required by the management. Commitment by superior courts. 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, 1920. GEORGIA SCHOOL OF TECHNOLOGY; POWERS OF LOCAL BOARD OF TRUSTEES. No. 632. An Act to amend an Act entitled An Act to give additional powers and authority to the local Board of Trustees of the Georgia School of Technology, etc., approved August 15, 1919, by adding certain

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words to the third section thereof concerning the appointment of Trustees and declaring vacancies on the Board, and for other purposes. Section 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority aforesaid, that the following words shall be added to the third section of the Act above stated: Act of 1915 amended. The Alumni Trustees herein authorized, may be selected from alumni, residents of the State, or residing in other States as the local Board may decide. Alumni trustees. The office of any member of the Board may be vacated if he is absent from two consecutive meetings of the Board, if he neglects to furnish satisfactory excuses in writing to the Board for such absences. Vacation of office. Absence from three consecutive meetings of the Board shall authorize and require the Board to declare the position vacant, and the same shall be filled as in other cases. Vacancies. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1920. GUARDIANS OF INSANE PERSONS; BONDS FOR TITLES. No. 811. An Act to provide for guardians of persons non compos mentis; to make titles in bond for titles executed by such persons, when sane, to holders of the said bonds, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by

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authority of the same, That from and after the passage of this Act, if any persons during sanity execute a bond to make titles to lands, and afterwards from old age, infirmities or other causes become non compos mentis, without making such titles, the holder or transferee of such bond, after having complied with its conditions, may apply to the Ordinary having jurisdiction of the estate for an order requiring the guardian of such person to execute the title according to the terms of the bond, in all cases annexing to his petition a copy of the bond. Bonds by guardians. Sec. 2. Be it further enacted, That Sections 4017, 4018, 4019 and 4020 of the Civil Code of 1910, where applicable shall apply to guardians of persons non compos mentis. C. C. 4017-4020 applied. 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, 1920. HONEY BEES; PREVENTION OF DISEASES; PENALTY. No. 637. An Act to prevent the introduction into and dissemination within the State of Georgia of contagious and infectious diseases of honey bees; providing for the eradication of bee diseases; regulations for carrying out the provisions of this Act; prescribing a penalty for violations, and for other purposes. Whereas, the production of honey, and the sale of honey bees and queen bees has become one of the important industries of the State of Georgia, and Preamble. Whereas, a disease of the honey bee, known as American foul brood has been discovered in this State, which

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if allowed to become generally disseminated will wipe out such industry in this State, and Whereas, it is important that steps be taken at once to eradicate such disease and to prevent the further introduction of bee diseases in the State, therefore, Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That all honey bees shipped or moved into the State of Georgia, shall be accompanied by a certificate of inspection signed by the State Entomologist, State Apiary Inspector, or corresponding official of the State or county from which such bees are shipped or moved. Such certificate shall certify to the apparent freedom of the bees, and their combs and hives, from contagious and infectious diseases, and must be based upon an actual inspection of the bees themselves within a period of sixty days preceding the date of shipment; provided, that when honey bees are to be shipped into this State from other States or counties wherein no official Apiary Inspector or State Entomologist is available the State Board of Entomology of the State of Georgia, through its chief executive officer, may issue permits for such shipment, upon presentation of suitable evidence, showing such bees to be free from diseases, and, provided further, that the provisions of this section shall not apply to shipments of live bees in wire cages, when without combs or honey. Certificate of inspection. Permits for shipment. Sec. 2. Be it further enacted, That the State Board of Entomology of the State of Georgia, created by Section 2120 of the 1910 Code of Georgia, shall have full and plenary power to deal with the American and European foul brood, Isle of Night disease, and all other contagious and infectious diseases of honey bees which, in its opinion may be prevented, curtailed or eradicated; and shall have full power, and is hereby authorized to make, promulgate and enforce such rules, ordinances and regulations, and to do and perform such acts,

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through its agents or otherwise, as in its judgment may be necessary to curtail, eradicate or prevent the introduction, spread or dissemination of any and all contagious diseases of honey bees, and as far as may be possible, and all such rules, ordinances and regulations of said State Board of Entomology shall have the force and effect of law. Powers of Entomology Board. Sec. 3. Be it further enacted, That the State Board of Entomology of the State of Georgia, its agents and employees, shall have the authority to enter any depot, express office, store room, warehouse or premises for the purpose of inspecting any honey bees or bee-keeping fixtures or appliances therein for the purpose of ascertaining whether said bees or fixtures are infected with any contagious or infectious diseases, or which they may have any reason to believe have been or are being transported in violation of any of the provisions of this Act. Inspection. The said Board, through its agents or employees, may require the removal from this State of any honey bees or beekeeping fixtures which have been brought into the State in violation of the provisions of this Act, or if finding any bees or fixtures infected with any contagious or infectious disease, or if finding that such bees or fixtures have been exposed to danger of infection by such diseases, may require the destruction, treatment or disinfection of any such infected or exposed bees, hives, fixtures or appliances. Removal of infected bees, etc. Sec. 4. Be it further enacted, That the shipment or movement into this State of any used or second-hand beehives, honey combs, frames, or other beekeeping fixtures is hereby prohibited except under such rules and regulations as may be prescribed by the State Board of Entomology in accordance with Section 2 of this Act. Second-hand equipment. Sec. 5. Be it further enacted, That any person, firm or corporation violating any of the provisions of this

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Act, or any of the rules or regulations of the State Board of Entomology adopted in accordance with the provisions of this Act shall be deemed guilty of misdemeanor, and upon conviction shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than six months in the county jail. Penalty. 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 16, 1920. ILLUMINATING OILS, INSPECTION OF, ETC. No. 800. An Act to amend the laws of this State providing for the inspection of illuminating oils, gasoline, benzines and napthas sold or offered for sale in this State, or kept in storage or for consumption in this State, and for the making of tests thereof, and prescribing the fees for such inspections and tests; and prescribing the duties of the Commissioner of Agriculture and the General Inspector of Oils, and of all local inspectors, as set forth in Sections 1800 to 1814, both inclusive, of the Civil Code of this State of 1910; and as provided for in an Act of the General Assembly of this State approved August 19, 1912; and providing a penalty for the selling or keeping for sale or in storage said articles and crude or refined petroleum, kerosene, earthrock, coal, machine or illuminating oil, the product of petroleum, earthrock or coal oil, as found in Section 642 of the Penal Code of this State of 1910, and providing a penalty for the sale or offering for sale of said articles which fail to stand the test required under said laws as found in Section 639 of the Penal Code of

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this State of 1910, by providing that each and all of said laws shall apply to said articles or products only while in domestic or intrastate commerce, and not otherwise. Whereas, question has been raised as to whether or not the laws of this State providing for the inspection of illuminating oils, gasolines, benzines, napthas, and other products enumerated in said laws, and for the making of tests thereof, and prescribing the fees for such inspections and tests, and fixing the duties of the Commissioner of Agriculture and the General Oil Inspector, and of all local inspectors, as set forth in Sections 1800 to 1814, both inclusive, of the Civil Code of this State of 1910, and as prescribed in the Act of the General Assembly approved August 19, 1912, and providing a penalty for selling or keeping for sale, or in storage, or for use or consumption, said articles, as found in Section 642 of the Penal Code of this State of 1910, and also providing a penalty for the sale or offering for sale of said articles which fail to stand the test required under said laws, as found in Section 639 of the Penal Code of this State of 1910, apply to said articles or products only while in domestic or intrastate commerce, and not otherwise, now, therefore, to remove all doubt or question on this subject: Preamble. Section 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 laws of this State relating to the inspection of illuminating oils, gasolines, benzines and napthas, and for the making of tests thereof, and prescribing the fees for such inspections and tests, and prescribing the duties of the Commissioner of Agriculture, and the General Oil Inspector, and of all local inspectors, as set forth in Section 1800 to 1814, both inclusive, of the Civil Code of this State of 1910, and as provided in the Act of the General Assembly of this State approved August 19, 1912, and providing a

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penalty for the selling or keeping for sale, or in storage, or for consumption or use, in this State, of any of the aforesaid articles or products, or of any crude or refined petroleum, naptha, kerosene, earthrock, coal, machine, or illuminating oil, the product of petroleum, earth rock or coal oil, without having the same inspected and paying the fees of such inspection, as provided in Section 642 of the Penal Code of this State of 1910, and providing a penalty for the sale or offering for sale any of said articles which fail to stand the test required under said laws, as found in Section 639 of the Penal Code of this State of 1910, shall never be held or construed to apply to oils and gasoline, benzine, or naptha, or other articles mentioned in said laws, imported into this State in interstate commerce and intended to be sold in the original and unbroken tank cars or other original receptacles or packages, and so sold, while the same are in interstate commerce. Laws not applicable to certain articles. Sec. 2. Be it further enacted by the authority aforesaid, That Section 642 of the Penal Code of this State of 1910, which provides that any person who shall sell or keep for sale, or in storage, any of said articles, or any crude or refined petroleum, naptha, kerosene, earthrock, coal, machine, or illuminating oil, the product of petroleum, earthrock, or coal oil, without having the same inspected and approved by an authorized inspector, shall be guilty of a misdemeanor, shall never be held or construed to apply to said articles when imported into this State in interstate commerce and intended to be sold in the original and unbroken tank cars, or other original receptacles or packages, and so sold, while the same are in interstate commerce. P. C. 642, when not applicable. Sec. 3. Be it further enacted by the authority aforesaid, That Section 639 of the Penal Code of this State of 1910, which provides that any person who shall sell or offer for sale any of the aforesaid articles which have failed to meet the tests as prescribed in Section 1809 of

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the Civil Code of this State of 1910, shall be guilty of a misdemeanor, shall never be held or construed to apply to said articles when imported into this State in interstate commerce and intended to be sold in the original and unbroken tank cars, other original receptacles or packages, and so sold while the same are in interstate commerce. P. C. 639, when not applicable. Sec. 4. Be it further enacted by the authority aforesaid, That aforesaid laws shall never be so construed as to make it the duty of the Commissioner of Agriculture, the General Oil Inspector, or of the several local oil inspectors, to inspect or test said articles or products mentioned in said Acts, or to collect fees for so doing, or to apply any of said laws to said articles or products when imported into this State in interstate commerce and intended to be sold in the original and unbroken tank cars, or other original receptacles or packages, and so sold, while the same are in interstate commerce. Laws not applicable. Sec. 5. Be it further enacted by the authority aforesaid, That the Commissioner of Agriculture of this State, and the General Oil Inspector and the several local inspectors provided for in the aforesaid laws, be, and they are hereby forbidden and prohibited from inspecting or testing, or causing to be inspected or tested, or from collecting or receiving fees for making said inspections or tests of any of said articles or products mentioned in said laws when imported into this State in interstate commerce and intended to be sold in the original and unbroken tank cars, or other original receptacles or packages, and so sold, while the same are in interstate commerce, provided that said inspectors shall be authorized to inspect and test said articles or products in the original and unbroken tank cars, or other receptacles or packages, and to collect the prescribed fees therefore, in cases where the owner, shipper, consignee, or other persons having the ownership or control and disposition of the same, or his duly authorized

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agent, shall, in writing, admit that the same are not in interstate commerce, and duly order or request that said oils, gasolines, benzines, and napthas, or other products be so inspected. Commissioner of Agriculture and oil inspectors. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with the foregoing Act be, and the same are, hereby repealed. Approved August 17, 1920. GEORGIA WORKMEN'S COMPENSATION ACT. Industrial Accidents; Commission Created; Compensation of Injured Employees. No. 814. An Act to prevent industrial accidents; to provide medical and surgical care for injured employees; to establish rates of compensation for personal injuries or death sustained by employees in the course of employment; to provide methods of insuring the payments of such compensation; to create an Industrial Commission for the administration of this Act and to prescribe the powers of such commission, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that this Act shall be known as the Georgia Workmen's Compensation Act. Title. Sec. 2. Be it further enacted, That in this Act unless the context otherwise requires: (a) Employers shall include any municipal corporation within the State, and any political division thereof, and any individual, firm, association or corporation engaged in any business operated for gain or profit, except

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as hereinafter excepted, and the receiver or trustee of the same, and the legal representative of a deceased employer using the service of another for pay. If the employer is insured it shall include his insurer so far as applicable. Employer defined. (b) Employee shall include every person, including a minor in the service of another under any contract of hire or apprenticeship, written or implied, except one whose employment is not in usual course of the trade, business, occupation or profession of the employer and, as hereinafter set out. Minors are included eve nthough working in violation of any child labor law or other similar statute, provided that nothing herein contained shall be construed as repealing or altering any such law or statute. Any reference to an employee who has been injured shall, when the employee is dead, include also his legal representatives, dependants and other persons to whom compensation may be payable, pursuant to the provisions of this Act. Employee defined. (c) The basis for computing the compensation provided for in this Act shall be as follows: Basis for computing compensation. (1) The compensation shall be computed on the basis of the annual earnings which the injured person received as salary, wages or earnings if in the employment of the same employer continuously during the year next preceding the injury. Annual earnings. (2) Employment by the same employer shall be taken to mean employment by the same employer in the grade in which the employee was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause. Employment by same employer. (3) If the injured person has not been engaged in the employment of the same employer for the full year immediately preceding the accident, the compensation shall be computed according to the annual earnings which persons of the same class in the same employment

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and same location (or if that be impracticable, of neighboring employments of the same kind) have earned during such period. (4) As to employees in employments in which it is the custom to operate throughout the working days of the year, the annual earnings, if not otherwise determinable, shall be regarded as 300 times the average daily earnings in such computations. Yearly wage reckoned. (5) As to employees in employments in which it is the custom to operate for a part of the whole number of working days in each year, such number, if the annual earnings are not otherwise determinable, shall be used instead of 300 as a basis for computing the annual earnings: Provided, the minimum number of days which shall be so used for the basis of the year's work shall not be less than 200. (6) In the case of injured employees who earn either no wage or less than the earnings of adult day laborers in the same line of employment in that locality, the yearly wage shall be reckoned according to the average annual earning of adults of the same class in the same (or if that is impracticable then of neighboring) employments. (7) Earnings, for the purpose of this section, shall be based on the earnings for the number of hours commonly regarded as a day's work for that employment, and shall exclude overtime earnings. The earnings shall not include any sum which said employer has been accustomed to pay the employee to cover any special expense entailed on him by nature of his employment. Earnings defined. (8) To determine the amount of compensation for each installment period, the amount per annum shall be ascertained pursuant hereto, and such amount divided by the number of installment periods per annum. Amount for installment period. (d) Injury and personal injury shall mean only injury by accident arising out of and in the course of

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the employment, and shall not include a disease in any from, except where it results naturally and unavoidably from the accident, nor shall injury and personal injury include injury caused by a wilful act of a third person directed against an employee for reasons personal to such employee or because of his employment. Injury and personal injury defined. (e) In all claims for compensation for hernia resulting from injury by accident arising out of and in the course of the employee's employment, it must be definitely proven to the satisfaction of the Industrial Commission: First, that there was an injury resulting in hernia; second, that the hernia appeared suddenly; third, that it was accompanied by pain; fourth, that the hernia immediately followed an accident; fifth, that the hernia did not exist prior to the accident for which compensation is claimed. All hernia, inguinol, femoral or otherwise, so proven to be the result of an injury by accident arising out of and in course of the employment, shall be treated in a surgical manner by radical operation. If death result from such operation, the death shall be considered as a result of the injury, and compensation paid in accordance with the provisions of Section 38. In non-fatal cases, time lost only shall be paid, unless it is shown by special examination, as provided in Section 28 that the injured employee has a permanent partial disability resulting after the operation. If so, compensation shall be paid in accordance with the provisions of Section 38 with reference to partial disability. In case the injured employee refuses to undergo the radical operation for the cure of said hernia, no compensation will be allowed during the time such refusal continues. If, however, it is shown that the employee has some chronic disease, or is otherwise in such physical condition that the Commission considers it unsafe for the employee to undergo said operation, the employee shall be paid as provided in Section 31. Hernia. Fatal. Non-fatal. Operation.

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Sec. 3. Be it further enacted, That the provisions of this Act shall not effect pending litigation. Pending legislation. Sec. 4. Be it further enacted, That from and after the taking effect of this Act, every employer and employee, except as herein stated, shall be presumed to have accepted the provisions of this Act respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of the employment, and shall be bound thereby, unless prior to any accident resulting in injury or death, notice to the contrary shall have been given in the manner herein provided, and in substantially the following form, towit: Exemption. Employer's Notice to Reject.

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Employee's Notice to Reject. Sec. 5. Be it further enacted, That either an employer or an employee, who has exempted himself, by proper notice, from the operation of this Act, may at any time waive such exemption and thereby accept the provisions of this Act by giving notice as herein provided, which notice of waiver of such exemption shall be substantially in the following form, to-wit: Waiver of exemption.

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Employer's Notice of Waiver of Exemption. Employee's Notice to Waive Exemption.

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The notice to exempt from the operation and effect of said Act, and the notice of waiver of such exemption and of acceptance of said Act, in Section 4 and in this section respectively referred to, shall be given, in order to be effective with respect to a particular accident resulting in injury or death, thirty days prior to such accident, provided that if any such accident occurred less than thirty days after the date of employment, notice of such exemption or waiver thereof and acceptance given at the time of employment, shall be sufficient notice thereof. Any such notice shall be in writing or printed and in substantially the appropriate form heretofore set out. Any such notice referred to in this or the preceding section of this Act shall be given by the employer by posting the same in a conspicuous place in the shop, plant, office, rooms or place where the employee is employed, or by serving it personally upon him; and shall be given by the employee by sending the same in registered letter, addressed to the employer at his last known residence or place of business; or by

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giving it personally to the employer or any of his agents upon whom a summons in civil action may be served under the laws of this State. A copy of any such notice, in prescribed form, whether given by the employer or employee, shall be filed with the Industrial Commission, and unless filed within ten days from the time when any such notice is served, due and proper notice shall be deemed not to have been given. Time of notification. Manner. Sec. 6. Be it further enacted, That every contractor of service between any employer and employee covered by this Act, written or implied, now in operation or made or implied prior to the taking effect of this Act, shall, after the Act has taken effect, be presumed to continue subject to the provisions of this Act, and every such contract made subsequent to the taking effect of this Act shall be presumed to have been made subject to the provisions of this Act, unless either party shall give notice in the manner provided in Section 5 hereof, to the other party to such contract, that the provisions of this Act, other than Sections 16 and 17 and 18, are not intended to apply. A like presumption shall exist equally in the case of all unions, unless notice of the same character be given by or to the parent or guardian of the minor, or, in cases where such minor has no parent or guardian, then by or to the next kin of said minor, sui juris. Contracts of service. Sec. 7. Be it further enacted, That no contract or agreement, written or implied, no rule, regulation or other device, shall in any manner operate to relieve any employer in whole or in part of any obligation created by this Act, except as herein otherwise expressly provided. Relief from obligations. Sec. 8. Be it further enacted, That neither any municipal corporation within the State, nor any political subdivision thereof, nor any employee of any such corporation or subdivision shall have the right to reject the provisions of this Act relative to payment and acceptance

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of compensation; and the provisions of Sections 5, 6, 16, 17 and 18 shall not apply to them. Provisions not applicable to public employees. Sec. 9. Be it further enacted, That this Act shall not apply to any common carrier by railroad engaging in commerce between any of the several States or Territories or between the District of Columbia and any of the States or Territories and any foreign nation or nations, nor to any person suffering injury or death while he is employed by such carrier in such commerce, nor shall this Act be construed to lessen the liability of such common carrier or to diminish or take away in any respect any right that any person so employed or the personal representative or kindred or relation or dependant of such person may have under the Act of Congress relating to the liability of common carriers by railroads to their employees in certain cases, approved April 22nd, 1908. Act not applicable to interstate carriers. Sec. 10. Be it further enacted, That the provisions of this Act shall not apply to injuries or death, nor to accidents which occurred prior to the taking effect of this Act. No application to prior accidents. Sec. 11. Be it further enacted, That every employer who accepts the compensation provisions of this Act shall insure the payment of compensation to his employees in the manner hereinafter provided, and while such insurance remains in force he or those conducting his business shall only be liable to any employee for personal injury or death by accident to the extent and in the manner herein specified. Insurance of compensation. Sec. 12. Be it further enacted, That the rights and remedies herein granted to an employee where he and his employer have accepted the provisions of this Act respectively to pay and accept compensation on account of personal injury or death by accident shall exclude all other rights and remedies of such employee, his personal representative, parents, dependants or next of

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kin, at common law or otherwise on account of such injury, loss of service or death. Other remedies excluded by this Act. Sec. 13. Be it further enacted, That nothing in this Act shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty. No relief from penalty. Sec. 14. Be it further enacted, That no compensation shall be allowed for any injury or death due to the employee's wilful misconduct, including intentional self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication or wilful failure or refusal to use a safety appliance or perform a duty required by statute, or the wilful breach of any rule or regulation adopted by the employer and approved by the Industrial Commission, and brought prior to the accident to the knowledge of the employee. The burden of proof shall be upon him who claims an exemption or forfeiture under this section. Employee's misconduct. Sec. 15. Be it further enacted, That this Act shall not apply to common carriers, engaged in intrastate trade commerce, the motive power of which is steam, nor shall this Act be construed to lessen the liability of such common carriers or to take away or diminish any right that any employee, or in case of his death, the personal representative of such employee, of such common carrier may have, under the laws of this State; nor to casual employees, farm laborers or domestic servants, nor to employees of institutions maintained and operated as public charities, nor to employers of such persons, nor to any persons, firm or private corporation, including any public service corporation, that has regularly in service less than ten employees in the same business within this State; unless such employees and their employers voluntarily elect to be bound by this Act. Common carriers. Sec. 16. Be it further enacted, That an employer who elects not to operate under this Act, shall not in

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any suit at law instituted by an employee, subject to this Act, to recover damages for personal injury or death by accident, be permitted to defend any such suit at law upon any or all of the following grounds: Action of exempted employer. (a) That the employee was negligent. (b) That the injury was caused by the negligence of a fellow employee. (c) That the employee had assumed the risk of the injury. Sec. 17. Be it further enacted, That an employee who elects not to operate under this Act shall, in any action to recover damages for personal injury or death brought against an employer accepting the compensation provisions of this Act, proceed at common law, and the employer may avail himself of the defenses of contributory negligence, negligence of a fellow servant and assumption of risk, as such defenses exist at common law. Action of exempted employee. Sec. 18. Be it further enacted, That when both the employer and employee elect not to operate under this Act, the liability of the employer shall be the same as though he alone rejected the terms of this Act, and in any suit brought against him by such employee the employer shall not be permitted to avail himself of any of the common law defenses cited in Section 16. Sec. 16 applicable when employer and employee are exempt. Sec. 19. Be it further enacted, That nothing herein contained shall be construed so as to prevent settlements made by and between the employee and employer, but rather to encourage them, so long as the amount of compensation and the time and manner of payment are in accordance with the provisions of this Act. A copy of such settlement agreement shall be filed, by the employer, with the Commission and no such settlement shall be binding until approved by the Commission. Settlements encouraged. Sec. 20. Be it further enacted, That a principal, intermediate or subcontractor shall be liable for compensation

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to any employee injured while in the employ of his subcontractors and engaged upon the subject matter of the contract to the same extent as the immediate employer. Contractor, when liable. Any principal, intermediate or sub-contractor who shall pay compensation under the foregoing provisions may recover the amount paid from any person who, independently of this section, would have been liable to pay compensation to the injured employee, or from any intermediate contractor. Recovery. Every claim for compensation under this section shall be in the first instance presented to and instituted against the immediate employer, but such proceedings shall not constitute a waiver of the employee's rights to recover compensation under this Act from the principal or intermediate contractor, provided that the collection of full compensation from one employer shall bar recovery by the employee against any others, nor shall he collect from all a total compensation in excess of the amount for which any of the said contractors is liable. This section shall apply only in cases where the injury occurred on, in or about the premises on which the principal contractor has undertaken to execute work or which are otherwise under his control or management. When applied. Sec. 21. Be it further enacted, That all rights of compensation granted by this Act shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages for labor. Priority of claims Sec. 22. Be it further enacted, That no claim for compensation under this Act shall be assignable, and all compensation and claims therefor shall be exempt from all claims of creditors. Claims not assignable.

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Sec. 23. Be it further enacted, That every injured employee or his representative shall immediately on the occurrence of any accident or as soon thereafter as practicable, give or cause to be given to the employer a written notice of the accident, and the employee shall not be entitled to physician's fee nor to any compensation which may have accrued under the terms of this Act, prior to the giving of such notice; unless it can be shown that the employer, his agent or representative had knowledge of the accident, or that the party required to give such notice had been prevented from doing so by reason of physical or mental incapacity or by fraud or deceit; but no compensation shall be payable unless such written notice is given within thirty days after the occurrence of the accident and if death results from the accident also within thirty days after death, unless reasonable excuse is made to the satisfaction of the Industrial Commission for not giving such notice, and it is reasonably proved to the satisfaction of the Commission that the employer has not been prejudiced thereby. Notice of accident. Sec. 24. Be it further enacted, That the notice provided in the foregoing section shall state in ordinary language the name and address of the employee, the time, place, nature and cause of the accident, and of the resulting injury or death, and shall be signed by the employee or by a person in his behalf, or in the event of his death by any one or more of his dependants or by a person in their behalf. No defect or inaccuracy in the notice shall be a bar to compensation unless the employer shall prove that his interests was prejudiced thereby, and then only to such extent as the prejudice. Said notice shall be given personally to the employer or any of his agents upon whom a summons in civil action may be served under the laws of the State, or may be sent by registered letter addressed to the employer at his last known residence or place of business. Contents. of notice. Delivery.

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Sec. 25. Be it further enacted, That the right to compensation under this Act shall be forever barred, unless a claim be filed with the Industrial Commission within one year after the accident and if death results from the accident, unless a claim therefor is filed with the Commission within one year thereafter. Time of filling claim. Sec. 26. Be it further enacted, That for a period of not exceeding thirty days after an accident the employer shall furnish or cause to be furnished free of charge to the injured employee, and the employee shall accept such necessary medical attention as the nature of the accident may require. The Industrial Commission may at any time, for good cause shown or in its discretion, order a change in such medical attentions so furnished by the employer. Provided, that the total liability of the employer for necessary medical attention shall not exceed $100.00. During the whole or any part of the remainder of disability resulting from the injury, the employer may, at his own option, continue to furnish or cause to be furnished, free of charge to the employee, and the employee shall accept, an attending physician unless otherwise ordered by the Industrial Commission, and in addition such surgical and hospital service and supplies as may be deemed necessary by said attending physician or the Industrial Commission. The refusal of the employee to accept any medical, hospital or surgical service when provided by the employer, or on order by the Industrial Commission, shall bar said employee from further compensation until such refusal ceases, and no compensation shall at any time be paid for the period of suspension unless in the opinion of the Industrial Commission the circumstances justified the refusal, in which case the Industrial Commission may order a change in the medical or hospital service. If in an emergency on account of the employer's failure to provide the medical care during the first thirty days, as herein specified a physician other than provided by the employer is called to treat

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the injured employee, during the first thirty days, the reasonable cost of such service, not to exceed $100.00 as above set out, shall be paid by the employer if ordered to do so by the Industrial Commission. Medical attention. Failure to provide. Sec. 27. Be it further enacted, That the pecuniary liability of the employer for medical, surgical and hospital service herein required when ordered by the Commission shall be limited to such charges as prevail in the same community for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured persons, and shall not, in any event, exceed the aggregate of $100.00 in amount. The employer shall not be liable in damages for malpractice by a physician or surgeon furnished by him pursuant to the provisions of this section, but the consequences of any such malpractice shall be deemed part of the injury resulting from the accident and shall be compensated for as such. Liability for medical attention limited. Sec. 28. Be it further enacted, That after an injury and so long as he claims compensation, the employee, if so requested by his employer, shall submit himself to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer or the Industrial Commission. The employee shall have the right to have present at such examination any duly qualified physician or surgeon provided and paid by him. No fact communicated to, or otherwise learned by any physician or surgeon who may have attended or examined the employee, or who may have been present at any such examination, shall be privileged, either in hearings provided for by this Act, or in any action at law brought to recover damages against any employer who may have accepted the compensation provisions of this Act. If the employee refuses to submit himself to or in any way obstructs such examination requested and provided for by the employer, his right to compensation and his right to take or prosecute

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any proceedings under this Act shall be suspended until such refusal or objection ceases, and no compensation shall at any time be payable for the period of suspension unless in the opinion of the Industrial Commission the circumstances justify the refusal or obstruction. The employer, or the Industrial Commission, shall have the right in any case of death to require an autopsy at the expense of the party requesting the same. No compensation shall be payable for the death or disability of an employee if his death be caused by, or in so far as his disability may be aggravated, caused or continued by an unreasonable refusal or neglect to submit to or follow any competent or reasonable surgical treatment. Physical examination. Refusal to submit to treatment. Sec. 29. Be it further enacted, That no compensation shall be allowed for the first fourteen calendar days of incapacity resulting from an injury except the benefits provided for in Section 26; but if incapacity extends beyond that period, compensation shall commence with the fifteenth day of disability; provided that if incapacity extends beyond a period of four weeks from the date of injury, then compensation is to be paid from the date of the injury, subject to the other provisions of this Act. Period of incapacity. Sec. 30. Be it further enacted, that where the incapacity for work resulting from the injury is total, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such total incapacity a weekly compensation equal to one-half his average wages, but not more than twelve dollars, nor less han six dollars a week; and in no case shall the period covered by such compensation be greater than three hundred and fifty weeks, nor shall the total amount of all compensation exceed four thousand dollars. Total incapacity. Sec. 31. Be it further enacted, That except as otherwise provided in the next section hereafter, when the incapacity for work resulting from the injury is partial,

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the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such incapacity, a weekly compensation equal to one-half the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than twelve dollars a week, and in no case shall the period covered by such compensation be greater than three hundred weeks from the date of the injury. In case the partial incapacity begins after a period of total incapacity, the latter period shall be deducted from the maximum period herein allowed for partial incapacity. Partial incapacity. Compensation. Limit. Sec. 32. Be it further enacted, That in cases included by the following schedule, the incapacity in each case shall be deemed to continue for the period specified, and the compensation so paid for such injury shall be as specified therein, and shall be in lieu of all other compensation, to-wit: Payments for injuries. (a) For the loss of a thumb, fifty per centum of the of the average weekly wages during thirty weeks. Thumb. (b) For the loss of a first finger, commonly called the index finger, fifty per centum of the average weekly wages during thirty-five weeks. Fingers. (c) For the loss of a second finger, fifty per centum of the average weekly wages during thirty weeks. (d) For the loss of a third finger, fifty per centum of the average weekly wages during twenty weeks. (e) For the loss of a fourth finger, commonly called the little finger, fifty per centum of average weekly wages during fifteen weeks. (f) The loss of the first phalange of the thumb or any finger shall be considered to be equal to the loss of one-half of such thumb or finger, and the compensation shall be for one-half of the periods of time above specified.

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(g) The loss of more than one phalange shall be considered the loss of the entire finger or thumb; provided that in no case shall the amount received for one finger exceed the amount provided in this schedule for the loss of a hand. (h) For the loss of a great toe, fifty per centum of the average weekly wages during thirty weeks. Toes. (i) For the loss of one of the toes other than a great toe, fifty per centum of the average weekly wages during ten weeks. (j) The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and the compensation shall be for one-half of the periods of time above specified. (k) The loss of more than one phalange shall be considered as the loss of the entire toe. (l) For the loss of a hand, fifty per centum of the average weekly wages during one hundred and fifty weeks. Hands. (m) For the loss of an arm, fifty per centum of the average weekly wages during two hundred weeks. Arms. (n) For the loss of a foot, fifty per centum of the average weekly wages during one hundred and twenty-five weeks. Feet. (o) For the loss of a leg, fifty per centum of average weekly wages during one hundred and seventy-five weeks. Legs. (p) For the loss of an eye, fifty per centum of the average weekly wages during one hundred weeks. Eyes. (q) For the complete loss of hearing in both ears, fifty per centum of average weekly wages during one hundred and fifty weeks. Ears. (r) Total loss of use of a member or loss of vision of an eye, shall be considered as equivalent to the loss

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of such member or eye. The compensation for partial loss of or for partial loss of use of a member or for partial loss of vision of an eye shall be such proportion of the payments above prescribed for total loss as such partial loss bears to total loss. Loss of both arms, hands, legs or feet, or of any two of these members, the permanent total loss of vision in both eyes, shall be deemed permanent total incapacity and shall be compensated under Section 30. Total and Partial Losses. The weekly compensation payments referred to in this section shall be subject to the same limitations as to maximum and minimum as set out in Section Thirty. Maximum and minimum. Section 33. Be it further enacted, That if an injured employee refuses employment procured for him suitable to his capacity, he shall not be entitled to any compensation at any time during the continuance of such refusal, unless in the opinion of the Industrial Commission such refusal was justified. Refusal of employment. Sec. 34. Be it further enacted, That if an employee who suffers an injury in his employment has a permanent disability or has sustained a permanent injury, such as specified in Section 32, suffered elsewhere, he shall be entitled to compensation only for the degree of incapacity which would have resulted from the later accident if the early disability or injury had not existed. Injuries not specified in Sec. 32. Section 35. Be it further enacted, That if an employee receives an injury for which compensation is payable, while he is still receiving or entitled to compensation for a previous injury in the same employment, he shall not at the same time be entitled to compensation for both injuries, unless the later injury be a permanent injury, such as specified in Section 32; but he shall be entitled to compensation for that injury and from the time of the injury which will cover the longest period and the largest amount payable under this Act. Two injuries.

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Sec. 36. Be it further enacted, That if an employee receives a permanent injury as specified in Section 32, after having sustained another permanent injury in the same employment, he shall be entitled to compensation for both injuries, but the total compensation shall be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding three hundred and fifty weeks. When the previous and subsequent permanent injuries received in the same employment result in total disability, compensation shall be payable for permanent total disability, but payments made for the previous injury shall be deducted from the total payment of compensation due. Two permanent injuries. Sec. 37. Be it further enacted, That (a) where an accident happens while the employee is employed elsewhere than in this State, which would entitle him or his dependents to compensation if it had happened in this State, the employee or his dependents shall be entitled to compensation, if the contract of employment was made in this State, and if the employer's place of business is in this State, or if the residence of the employee is in this State; provided his contract for employment was not expressly for service exclusively outside of the State. (b) Provided, however, if an employee shall receive compensation or damages under the laws of any other State, nothing herein contained shall be construed so as to permit a total compensation for the same injury greater than is provided for in this Act. Accidents outside of State. Sec. 38. Be it further enacted, That when an employee is entitled to compensation under this Act for an injury received, and death ensues for any cause not resulting from the injury for which he was entitled to the compensation, payments of the unpaid balance for such injury shall cease and all liability therefor shall terminate. Death for other causes than injury. If during the period of disability caused by an accident arising out of and in the course of the employment,

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death results proximately therefrom, the compensation under this Act shall be as follows: Death resulting from injury. (a) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness, and burial expenses not to exceed $100,00. If the employee leave no dependents, this shall be the only compensation. Funeral. (b) The employer shall pay the dependents of the employee wholly dependent upon his earnings for support at the time of the injury, a weekly payment equal to one-half of his average weekly wages, but not more than ten dollars nor less than five dollars for a period of three hundred weeks from the date of the injury. Dependents. (c) If the employee leaves only dependents partly dependent upon his earnings for support at the time of the injury, the weekly compensation to be paid as aforesaid, shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependents bears to total dependency at the time of the injury. (d) When weekly payments have been made to an injured employee before his death, the compensation to dependents shall begin on the date of the last of such payments, but shall not continue more than three hundred weeks from the date of the injury, nor except during dependency. The total compensation to be paid to all dependents of a deceased employee shall not exceed in the aggregate ten dollars per week. (e) If the employee does not leave dependents, citizens of or residing at the time of the accident in the United States or the Dominion of Canada, the amount of compensation shall not in any case exceed $1000.00. Sec. 39. Be it further enacted, That the compensation provided for in Section 38 shall be payable only to dependents and only during dependency. The following

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persons shall be conclusively presumed to be the next of kin wholly dependent for support upon the deceased employee: List of dependents. (a) A wife upon a husband whom she had not voluntarily deserted or abandoned at time of the accident. (b) A husband upon a wife with whom he lived at the time of her accident if he is then incapable of self-support and actually dependent upon her. (c) A boy under the age of eighteen, or a girl under the age of eighteen upon a parent. If a child is over the ages specified above, but physically or mentally incapacitated from earning a livelihood, he or she shall be presumed to be totally dependent. As used in this section, the term boy, girl, or child shall include stepchild, legally adopted children, posthumous children, acknowledged illegitimate children, but shall not include married children; the term parent shall include step-parents and parents by adoption. If the deceased employee leaves dependent surviving spouse, as above described, and no dependent child or children, the full compensation shall be paid to such spouse; if the deceased employee leaves a dependent surviving spouse, as above described, and also a dependent child, or children, then the full compensation shall be paid to such spouse for his or her use and that of such child or children, the Commission, however, to have the power in proper cases, in its discretion, to apportion the compensation; if the dependent surviving spouse dies before payment is made in full, the balance remaining shall be paid to the person or persons wholly dependent. if any, share and share alike. If there be no person or persons wholly dependent, then the payment shall be made to partial dependents. In all other cases, questions of dependency, in whole or in part, shall be determined in accordance with the

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facts as the facts may be at the time of the accident, but no allowance shall be made for any payment made in lieu of board and lodging or services, and no compensation shall be allowed, unless the dependency existed for a period of three months or more prior to the accident; and in such other cases if there is more than one person wholly dependent, the death benefit shall be divided among them, and persons partially dependent, if any, shall receive no part thereof; if there is no one wholly dependent and more than one person partially dependent, the death benefit shall be divided among them according to the relative extent of their dependency. For the purpose of this Act the dependence of a widow or widower of a deceased employee shall terminate with remarriage. The dependence of a child, except a child physically or mentally incapacitated from earning a livelihood, shall terminate with the attainment of eighteen years of age. In all cases, except such as are hereinbefore specifically provided for, where there are both total and partial dependents, and the total dependents die, re-marry or cease to be dependents, the partial dependents shall be entitled to the balance of compensation, if any. Termination of dependence. Sec. 40. Be it further enacted, That the total compensation payable under this Act shall in no case exceed four thousand dollars. Total compensation. Sec. 41. Be it further enacted, That any payments made by the employer to the injured employee during the period of his disability, or to his dependents, which by the terms of this Act were not due and payable when made, subject to the approval of the Industrial Commission, be deducted from the amount to be paid as compensation; provided, that in the case of disability such deductions shall be made by shortening the period during whch compensation must be paid and not by reducing the amount of the weekly payments. Payments not due when made.

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Sec. 42. Be it further enacted, That the Industrial Commission, upon application of either party, may, in its discretion, having regard for the welfare of the employee and the convenience of the employer, authorize compensation to be paid monthly or quarterly, instead of weekly. Monthly or quarterly payments. Sec. 43. Be it further enacted, That whenever any weekly payment has been continuued for not less than twenty-six weeks, the liability therefor may, where the parties agree and the Industrial Commission deems it to be to the best interests of the employee or his dependents, or where it will prevent undue hardships on the employer, or his insurance carrier, without prejudicing the interests of the employee or his dependents, be redeemed, in whole or in part, by the payment, by the employer, of a lump sum, which shall be fixed by the Commission, but in no case to exceed the commutable value of the future installments which may be due under this Act; provided that the lump sum to be paid shall be fixed at an amount which will equal the total sum of the probable future payments, capitalized at their present value upon the basis of interest calculated at five per centum per annum. Payment in lump sum. Sec. 44. Be it further enacted, That whenever the Industrial Commission deems it expedient, any lump sum, subject to the provisions of the foregoing section, shall be paid by the employer to some suitable person or corporation appointed by the Superior Court of the county wherein the accident occurred, or the original hearing was held, as trustee, to administer the same for the benefit of the person or persons entitled thereto in the manner provided by the Commission. The receipt of such trustees for the amount as paid shall discharge the employer or any one else who is liable therefor. Trustees. Sec. 5. Be it further enacted, That upon its own motion before judicial determination or upon the application

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of any party in interest on the ground of a change in condition, the Industrial Commission may at any time review any award or any settlement made between the parties and filed with the Commission, and, on such review, may make an award ending, diminishing or increasing the compensation previously awarded or agreed upon, subject to the maximum or minimum provided in this Act, and shall immediately send to the parties a copy of the award. No such review shall effect such award as regards any monies paid. Review of awards. Sec. 46. Be it further enacted, That (a) whenever payment of compensation, in accordance with the terms of this Act, is made to a widow or widower for her or his use or for her or his use and the use of the child or children, the written receipt thereof of such widow or widower shall acquit the employer; (b) whenever payment in accordance with the terms of this Act is made to any minor employee eighteen years of age or over, the written receipt of such person shall acquit the employer. In cases where an infant or minor under the age of eighteen years shall be entitled to receive a sum or sums amounting in the aggregate to not more than three hundred dollars as compensation for injuries, or as a distributive share by virtue of this Act, the father, mother, natural guardian or legally appointed guardian of such infant or minor shall be authorized and empowered to receive such monies for the use and benefit of said minor and to receipt therefor; and the release or discharge of such father, mother, natural guardian or legally appointed guardian shall be in full and complete discharge of all claims or demands of such infant or minor thereunder; (c) whenever payment of over three hundred dollars, in accordance with the terms of this Act, is made to a minor under eighteen years of age, or to a minor child over eighteen physically or mentally incapable of earning, the same shall be made to his duly and legally appointed guardian or to some

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suitable person or corporation appointed by the Superior Court as hereinbefore provided, as a trustee, and the receipt of such guardian or such trustee shall acquit the employer; (d) payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer unless such dependent or dependents prior in right shall have given notice of his or their claim. In case the employer is in doubt as to the respective rights of rival claimants, he may apply to the Industrial Commission to decide between them. Receipts. from widow. From minor. From guardian. Rival claimants. Sec. 47. Be it further enacted, That if an injured employee is mentally incompetent or is under eighteen years of age at the time when any right or privilege accrues to him under this Act, his guardian, or trustee, may in his behalf claim and exercise such right or privilege. Minor's or lunatics' trustee. Sec. 48. Be it further enacted, That no limitation of time provided in this Act for the giving of notice or making claim under this Act shall run against any person who is mentally incompetent, or a minor dependent, so long as he has no guardian or trustee. No time limit against lunatics or minors without trustees. Sec. 49. Be it further enacted, That whenever any employee for whose injury or death compensation is payable under this Act shall at the time of the injury be in the joint service of two or more employers subject to this Act, such employers shall contribute to the payment of such compensation in proportion to their wage liability to such employee; Provided, however, that nothing in this section shall prevent any reasonable arrangement between such employers for a different distribution as between themselves of the ultimate burden of compensation. Joint service of more than one employer. Sec. 50. Be it further enacted, That there is hereby created a Commission to be known as the Industrial Commission, consisting of the Commissioner of Commerce

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and Labor, who shall be ex-officio Chairman; of the Attorney-General, and two members to be appointed by the Governor. One of the members of this Commission to be appointed by the Governor shall serve for two years, and another for the term of four years; and thereafter each member shall be appointed for a term of four years; no more than one member of said Commission appointed by the Governor shall be a person who on account of his previous vocation, employment or affiliation, shall be classified as a representative of employers, and not more than one of such appointees shall be a person who, on account of his previous vocation, employment or affiliation shall be classed as a representative of employees. Each of the appointees by the Governor on said Commission shall devote his entire time to the duties of his office, and shall not hold any position of trust or profit, or be engaged in any occupation or business interfering or inconsistent with his duties as such member. Industrial Commission created. Sec. 51. Be it further enacted, That (a) the salary of each member of the Commission appointed by the Governor shall be $4,000.00 per year. The Commission may appoint a Secretary-Treasurer at a salary of not more than $2,000.00 per year, who shall give bond in a sum prescribed by the Commission, and who may be removed by the Commission; (b) the Commission may also, subject to the approval of the Governor, employ such clerical or other assistance as may be deemed necessary and fix the compensation of all persons so employed; (c) the members of this Commission and its assistants shall be entitled to receive the actual necessary expenses while traveling on business of the Commission, but such expenses shall be sworn to by the persons who incurred the same and shall be approved by the Chairman of the Commission before payment is made; (d) all salaries and expenses of the Commission shall be audited and paid out of the funds in the hands

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of the Secretary-Treasurer according to rules and regulations prescribed by the Commission. Salary. Secretary-Treasurer. Clerical help. Expenses. Sec. 52. Be it further enacted, That (a) the Commission shall be provided with adequate offices in the Capitol or some other suitable building in the City of Atlanta, in which the records shall be kept and its official business transacted during regular business hours; it shall also be provided with necessary office furniture, stationery and other supplies. (b) The Commission may appoint deputies from time to time, as required, to serve only, as and when needed, without permanent positions, who shall have the power to subpoena witnesses and administer oaths, and who may take testimony in such cases as the Commission may deem proper. Such testimony shall be transmitted in writting to the Commission and the Commission shall fix the compensation of such deputies. (c) The Commission or any member thereof may hold sessions at any place within the State as may be deemed necessary by the Commission, subject to the other provisions of this Act. Offices. Deputies. Sec. 53. Be it further enacted, That (a) the Commission may make rules, not inconsistent with this Act, for carrying out the provisions of this Act. Processes and porcedure under this Act shall be as summary and simple as reasonably may be. The Commission or any member thereof or any person deputized by it shall have the power for the purpose of this Act to subpoena witnesses, administer or cause to have administered oaths, and to examine or cause to be examined such parts of the books and records of the parties to a proceeding as relate to questions in dispute. (b) The sheriffs of this State within their respective jurisdictions, and their respective deputies, shall serve all subpoenas of the Commission or its deputies and shall receive the same fees as are now provided by law for like civil actions; each witness who appears in obedience to such subpoena of the Commission shall receive for attendance

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the fees prescribed by law for witnesses in civil cases in courts. The Superior Courts shall, on application of the Commission or any member or deputy thereof, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers and records. (c) Any three members of the Commission shall constitute a quorum for the transaction of any business or the rendition of any decision herein provided to be made by the full Commission. Rules. Subpoenas, etc. Quorum. Sec. 54. Be it further enacted, That the Commission shall prepare and cause to be printed, and upon request furnish free of charge to any employee or employer such blank forms and literature as it shall deem requisite to facilitate or promote the efficient administration of this Act. The Commission shall tabulate the accident reports received from employers in accordance with Section 65, and shall publish the same in the annual report of the Commission and as often as it may deem advisable, in such detailed or aggregate form as it may deem best. The name of the employer or employee shall not appear in such publications and the employers' reports themselves shall be private records of the Commission, and shall not be open for public inspection except for the inspection of the parties directly involved, and only to the extent of such interest. These reports shall not be used as evidence against any employer in any suit at law brought by any employee for the recovery of damages, or in any proceeding under this Act. Publications. Sec. 55. Be it further enacted, That if after fourteen days from the date of the injury or at any time in case of death, the employer and the injured employee or his dependents reach an agreement in regard to compensation under this Act, a memorandum of the agreement in the form prescribed by the Commission shall be filed with the Commission for approval as herein

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provided; otherwise such agreement shall be voidable by the employee or his dependents. If approved by the Commission, thereupon the memorandum shall for all purposes be enforced by decree or judgment of the Superior Court, as herein specified. Agreements. Sec. 56. Be it further enacted, That if the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this Act, or if they have reached such an agreement which has been signed and filed with the Commission and compensation has been paid or is due in accordance therewith, and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may make application to the Commission for a hearing in regard to the matters at issue and for a ruling thereon. Immediately after such application has been received the Commission shall set a date for a hearing, which shall be held as soon as practicable, and shall notify the parties at issue of the time and place of such hearing. The hearing shall be held in the county where the injury occurred, if the same occurred in this State, unless otherwise agreed to between the parties and authorized by the Commission. If the injury occurred without the State of Georgia, and is one for which compensation is payable under this Act, then the hearing above referred to may be held in the County of the employer's residence or place of business, or in any other county of the State which will, in the discretion of the Commission, be the most convenient for a hearing. Hearings regarding disagreements. Sec. 57. Be it further enacted, That the Commission or any of its members shall hear the parties at issue and their representatives and witnesses and shall determine the dispute in a summary manner. The award, together with a statement of the findings of fact and other matters pertinent to the questions at issue shall be filed with the record of the proceedings, and a copy

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of the award shall immediately be sent to the parties at dispute. The parties may be heard by a deputy, in which event he shall swear or cause the witnesses to be sworn and shall transmit all testimony to the Commission for its determination and award. Conduct of hearings. Sec. 58. Be it further enacted, That if an application for review is made to the Commission within seven days from the date of notice of the award, the full Commission shall review the evidence, or, if deemed advisable, as soon as practicable, hear the parties at issue, their representatives and witnesses, and shall make an award and file the same in like manner as specified in the foregoing section, together with its rulings of law in the premises. A copy of the award so made on review shall immediately be sent to the parties at dispute. Review. Sec. 59. Be it further enacted, That any award of the Commission, provided for in Section 57, with respect to which no application for a review thereof be filed in due time, or an award of the Commission upon such review as provided in Section 58 shall, in either event, as the case may be, and subject to the other provisions of this Act, be a final award and shall be conclusive and binding as to all questions of fact; but either party to the dispute may, within thirty days from the date of any final award, or within thirty days from the date of any other final order or judgment of said Commission, but not thereafter, appeal from the decision in such final award or from any other final decision of said Commission to the Superior Court of the county in which the injury occurred, or if the injury occurred without the State, then to the Superior Court of the county in which the original hearing was had, in the manner hereinafter outlined, and upon the following grounds, viz.: The party conceiving himself to be aggrieved may file an application in writing with the Commission asking for an appeal from any such order

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or decree, stating generally the grounds upon which such appeal is sought. In the event such appeal is filed as hereinbefore provided, the Commission shall, within thirty days from the filing of the same, cause certified copies of all documents and papers then on file in its office in the matter, and a transcript of all testimony taken therein, to be transmitted with its findings and order or decree to the Clerk of the Superior Court to which the case is appealable, as hereinbefore set out. The cause so appealed may thereupon be brought on for a hearing in either term time or vacation before said Superior Court upon such record by either party on ten days written notice to the other; subject, however, to an assignment of the same for hearing by the Court. The findings of fact made by the Commission within its power shall, in the absence of fraud, be conclusive, but upon such hearing the Court shall set aside said order or decree of the Industrial Commission, if it be found: Appeals to Superior Court. Cause. (1) That the Industrial Commission acted without or in excess of its powers. Grounds of rescinding order of Commission. (2) That the order or decree was procured by fraud. (3) That the facts found by the Industrial Commission do not support the order or decree. (4) That there is not sufficient competent evidence in the record to warrant the Industrial Commission in making the order or decree complained of or, (5) That the order or decree is contrary to law. No order or decree of the Industrial Commission shall be set aside by the Court upon any grounds other than one or more of the grounds above stated. If not set aside upon one or more of such stated grounds, the Court shall affirm the order, judgment, decree or decision of the Commission so appealed from. Upon the setting aside of any such order, decree or decision of the Commission, the Court may recommit the controversy to the Commission for further hearing or proceedings

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in conformity with the judgment and opinion of the Court, or such Court may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree of the Court shall have the same effect and all proceedings in relation thereto shall, subject to the other provisions of this Act, thereafter be the same as though rendered in a suit heard and determined by said Court. The Court of Appeals of Georgia shall, within thirty days after this Act takes effect, prescribe such rules of procedure, not inconsistent with the above and foregoing, as may be necessary or proper to fix the details of the form and manner of such appeal. The Commission of its own motion may certify questions of law to the Court of Appeals of Georgia for decision and determination by the said Court. Any party in interest who is aggrieved by a judgment entered by the Superior Court upon an appeal from an order or decree of the Commission to the Superior Court, may appeal therefrom to the Court of Appeals of Georgia by writ of error and bill of exceptions within the time and in the manner provided by law for appeals by fast bills of exception from other orders, judgments and decrees of the Superior Court made by law reviewable upon fast bills of exception. In case of an appeal from the decision of the Commission, or of a certification by said Commission of questions of law to the Court of Appeals, said appeal or certification shall operate as a supersedeas, if the employer has complied with the provisions of this Act respecting insurance, and no such employer shall be required to make payment of the award involved in the questions made in the case so appealed or certified, until such questions at issue therein shall have been fully determined in accordance with the provisions of this Act. Writ of error. Sec. 60. Be it further enacted, That any party in interest may file in the Superior Court of the county

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in which the injury occurred, or if the injury occurred without the State of Georgia, then in the county in which the original hearing was had, a certified copy of a memorandum of agreement approved by the Commission, or of a final order or decision of the Commission, or an award of the Commission unappealed from, or of an award of the Commission affirmed upon appeal, whereupon said Court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by said Court. Provided, however, that where the payment of compensation is insured or provided for in accordance with the provisions of this Act, no such judgment shall be entered nor execution thereon issued, except upon application to the Court and for good cause shown. Upon presentation to the Court of a certified copy of a decision of the Commission ending, diminishing or increasing a weekly payment under the provisions of this Act, particularly of Section 45 thereof, the Court shall revoke or modify the order or decree to conform to such decision of the Commission. Judgment in accordance with Commission. Sec. 61. Be it further enacted, That if the Commission or any Court before whom any proceedings are brought under this Act shall determine that such proceedings have been brought, prosecuted or defended without reasonable ground, it may assess the whole cost of the proceedings upon the party who has brought or defended them. Proceedings without reasonable grounds. Sec. 62. Be it further enacted, That the Commission or any member thereof may, upon the application of either party or upon its own motion, appoint a disinterested and duly qualified physician or surgeon to make any necessary medical examination of the employee and to testify in respect thereto. Said physician or surgeon shall be allowed traveling expenses and a reasonable fee to be fixed by the Commission, not

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exceeding ten dollars for each examination and report, but the Commission may allow additional reasonable amounts in extraordinary cases. The fees and expenses of such physician or surgeon shall be paid by the State. Appointment of physician. Sec. 63. Be it further enacted, That fees of attorneys and physicians and charges of hospitals for services under this Act shall be reasonable and measured according to the employee's station and shall be subject to the approval of the Commission. Fees. Sec. 64. Be it further enacted, That all questions arising under this Act, if not settled by agreements of the parties interested therein, with the approval of the Commission, shall be determined by the Commission, except as otherwise herein provided. Questions settled by Commission. Sec. 65. Be it further enacted, That (a) every employer who accepts the provisions of this Act relative to the payment of compensation, shall hereafter keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment, on blanks approved by the Commission. Within ten days after the occurrence and knowledge thereof, as provided in Section 23, of an injury to an employee requiring medical or surgical treatment, or causing his absence from work for more than fourteen days, a report thereof shall be made in writing and mailed to the Commission on blanks to be procured from the Commission for this purpose. (b) The records of the Commission, in so far as they refer to accidents, injuries and settlements, shall not be open to the public; but only to the parties satisfying the Commission of their interest in such records and the right to inspect them. (c) Upon the termination of the disability of the injured employee, the employer shall make a supplementary report to the Commission on blanks to be procured from the Commission for the purpose. (d) The said report shall contain the name, nature and location of the business of the employer, and name, age, sex, and wages and occupation of the injured employee, and shall state the date

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and hour of the accident causing the injury, the nature and cause of the injury and such other information as may be required by the Commission. (e) Any such employer who refuses or wilfully neglects to make the report required by this section shall be liable for a penalty of not more than twenty-five dollars for each refusal or wilful neglect, to be recoverable in any court of competent jurisdiction in a suit by the Commission. Record of Injuries. Records of Commission. Report on termination of incapacity. Content. Penalty. Sec. 66. Be it further enacted, That every employee who accepts the provisions of this Act relative to the payment of compensation shall fully insure and keep fully insured, unless otherwise ordered or permitted by the Commission, his liability thereunder in some corporation, association, or organization, licensed as provided by law, to transact the business of Workmen's Compensation Insurance in this State, or in some mutual insurance association formed by a group of employers so licensed, or shall furnish to the Commission satisfactory proof of his financial ability to pay direct the compensation in the amount and manner and when due as provided for in this Act. In the latter case the Commission may in its discretion require the deposit of an acceptable security, indemnity or bond to secure the payment of compensation liabilities as they are incurred. Provided, that it shall be satisfactory proof of the employer's financial ability to pay direct the compensation in the amount and manner when due, as provided for in this Act, and acceptable security, indemnity or bond to secure the payment of compensation liabilities as they are incurred, if the employer shall show to the Commission that he is a member of a mutual insurance company, duly licensed to do business in this State by the Insurance Commissioner, as provided by the laws of this State, or of an association or group of employers, so licensed, and as such is exchanging contracts of insurance with the employers of this and other States, through a medium as specified

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and located in their agreements between each other, but this proviso shall in no wise restrict or qualify the right of self-insurance as hereinbefore authorized. Nothing herein shall be construed to require an employer to place his entire insurance in a single insurance carrier. Insurance. Security. Sec. 67. Be it further enacted, That (a) every employer accepting the compensation provisions of this Act shall within thirty days after this Act takes effect file with the Commission in form prescribed by it, and thereafter annually, or as often as the Commission, in its discretion, may deem necessary, evidence satisfactory to the Commission of his compliance with the provisions of Section 66 and all others relating thereto. (b) If such employer refuses or wilfully neglects to comply with these provisions he shall be punished by a fine of not less than $10.00 nor more than $100.00 and after such conviction shall be subject to a fine of not less than one dollar nor more than ten dollars for each day of such refusal or neglect, and until he shall comply with such provisions, and also such employer shall be liable during continuance of such refusal or neglect to an employee, at the option of the employee, either for compensation under this Act or at law in the same manner as provided in Section 16. Evidence of compliance with Sec. 66. Refusal to comply. Sec. 68. Be it further enacted, That whenever an employer has complied with the provisions of Section 66, relating to self-insurance, the Commission shall issue to such employer a certificate which shall remain in force for a period fixed by the Commission, but the Commission may upon at least sixty days' notice and hearing to the employer revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation the Commission may grant a new certificate to the employer upon his petition. Certificate.

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Sec. 69. Be it further enacted, That (a) subject to the approval of the Commission, any employer may enter into or continue any agreement with his employees to provide a system of compensation, benefit or insurance in lieu of the compensation and insurance provided by this Act. No such substitute system shall be approved unless it confers benefits upon injured employees at least equivalent to the benefits provided by this Act, nor if it requires contribution from the employees unless it confers benefits in addition to those provided under this Act at least commensurate with such contribution. (b) Such substitute system may be terminated by the Commission on reasonable notice and hearing to the interested parties if it shall appear that the same is not fairly administered or if its operation shall disclose defects threatening its solvency, or if for any substantial reason it fails to accomplish the purpose of this Act; and in this case the Commission shall determine upon the proper distribution of all remaining assets, if any, subject to the right of any party at interest to take an appeal to the Superior Court of the county wherein the principal office or chief place of business of the employer is located. Substitute systems. Termination. Sec. 70. Be it further enacted, That all policies insuring the payment of compensation under this Act, including all contracts of mutual, reciprocal or inter-insurance, must contain a clause to the effect that as between the employer and the insurer or insurers the notice to or knowledge of the occurrence of the injury on the part of the insured employer shall be deemed notice or knowledge, as the case may be, on the part of the insurer or insurers; that jurisdiction of the insured for the purpose of this Act shall be jurisdiction of the insurer or insurers; and that the insurer or insurers shall in all things be bound by and subject to the awards, judgments or decrees rendered against such insured employer. Knowledge of injury.

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Sec. 71. Be it further enacted, That no policy or contract of insurance against liability arising under this Act shall be issued unless it contains the agreement of the insurer or insurers that it will promptly pay to the person entitled to same all benefits conferred by this Act, and all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by any default of the insured after the injury or by any default in giving notice required by such policy, or otherwise. Such agreement shall be construed to be a direct promise by the insurer or insurers to the person entitled to compensation enforceable in his name. Policy or contract of insurance. Sec. 72. Be it further enacted, That (a) every policy for the insurance of the compensation herein provided, or against liability therefor, including all contracts of mutual, reciprocal or inter-insurance, shall be deemed to be made subject to the provisions of this Act. No corporation, association or organization, and no mutual, reciprocal or inter-insurers shall enter into or make any such policy or contract of insurance unless its form shall have been approved by the Commission. (b) This Act shall not apply to policies of insurance against loss from explosion of boilers or fly wheels or other similar catastrophe hazards. Policies subject to this Act. Exceptions. Sec. 73. Be it further enacted, That (a) the rates charged by all carriers of insurance, including the parties to any mutual, reciprocal, or other plan or scheme, writing insurance against the liability for compensation under this Act, shall be fair, reasonable and adequate, with due allowance for merit rating, and all risks of the same kind and degree of hazard, shall be written at the same rate by the same carrier. The basic rates for policies or contracts of insurance against liability for compensation under this Act shall be filed with the Insurance Commissioner for his approval, and no policy of insurance against such liability shall be

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valid until the basic rate thereof has been filed with, approved and not subsequently disapproved, by the Insurance Commissioner. Any plan or scheme for modification of such basic rates by physical inspection or experience or merit rating shall likewise be filed with the Insurance Commissioner and by him approved, and no carrier of insurance shall write any such policy or contract until after filing and approval of a basic rate therefor and a schedule or plan to be employed in producing individual rates for risks. (b) Each such insurance carrier, including the parties to any mutual, reciprocal, or other plan or scheme writing insurance against the liability for compensation under this Act, shall report to the Insurance Commissioner as provided by law, and in accordance with such reasonable rules as the Insurance Commissioner may at any time prescribe for the purpose of determining the solvency of the carrier, and the adequacy or reasonableness of its rates and reserves; for such purpose the Insurance Commissioner may inspect all the books and records of such insurance carrier and of its agent or agents, and examine its agents, officers and directors under oath. Rates of insurance carriers. Report to Commission. Sec. 74. Be it further enacted, That if any section of the provisions of this Act be decided by the Courts to be unconstitutional or invalid, the same shall not affect the validity of this Act as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Unconstitutionality of this Act. Sec. 75. Be it further enacted, That this Act, except as prescribed in Section 50, shall become effective March 1, 1921, and Section 50 shall become effective October 1, 1920. When effective. Sec. 76. Be it further enacted, That for the purpose of paying the expenses of this Commission, there shall be collected from the insurance carriers writing this class of insurance in Georgia, a tax of one per cent. of the gross earned premiums, this to be in addition

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to the tax collected by the Insurance Department under the General Tax Act. This one per cent. commission shall be collected by the Secretary-Treasurer in the same manner said tax is now collected by the Insurance Department. After all of the expenses, including salaries and traveling expenses of the Commission and such deputies as may be authorized, have been paid the remainder of the money collected by the Secretary-Treasurer shall be turned into the State Treasury in the manner prescribed by law. Tax for Commission expenses. Sec. 77. Be it further enacted, That all laws and parts of laws inconsistent with any provision of this Act be, and the same are hereby repealed. Approved August 17, 1920. INSECTICIDES AND FUNGICIDES REGULATED. No. 779 An Act to regulate the registration, branding, inspection, analysis and sale of calcium arsenate, lead arsenate, and dust mixtures containing sulphur, lead arsenate and lime, and other insecticides and fungicides commonly used on cotton, field crops and fruit; to provide for making rules for the enforcement of the provisions of this Act, and to fix a standard of calcium arsenate, lead arsenate, and dust mixtures containing sulphur, lead arsenate and lime, and other insecticides and fungicides commonly used on cotton, field crops, and fruit; to prescribe the punishment to be visited upon violators of the provisions of this Act; to appropriate a sum of money for the purpose of defraying expenses that may be incident to making the analysis or analyses of the preparation herein named, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority

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of the same, That from and after the passage of this Act, all manufacturers and jobbers of and dealers in calcium arsenate, lead arsenate, and dust mixtures containing sulphur, lead arsenate and lime, and other insecticides and fungicides commonly used on cotton, field crops, and fruits in this State, who may desire to offer for sale and sell calcium arsenate, lead arsenate, and dust mixtures containing sulphur, lead arsenate and lime, and other insecticides and fungicides commonly used on cotton, field crops and fruit, shall first file with the Commissioner of Agriculture the name of each brand of said preparation, which they may wish to sell either directly or through agents, together with the name and business address of such manufacturers, jobbers or dealers as the case may be. Registration of names. Sec. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of all manufacturers, jobbers, dealers and agents in advance of offering calcium arsenate, lead arsenate, and dust mixtures containing sulphur, lead arsenate and lime, and other insecticides and fungicides commonly used on cotton, field crops, and fruit, for sale in this State, to brand on each package, containing the name, the words, Calcium Arsenate, Lead Arsenate, and Dust Mixtures containing Sulphur, Lead Arsenate and Lime, and other insecticides and fungicides commonly used on cotton, field crops and fruit, the weight of the package in full, the name and address of the manufacturer, also the contents of goods, the guaranteed analysis, solubility and density. Brands. Sec. 3. Be it further enacted by the authority aforesaid, That all manufacturers, or jobbers or agents representing them, who have registered their brands of the preparations heretofore mentioned, shall apply to the Commissioner of Agriculture for tags to be attached to each package of the aforementioned preparation, and with such request, the sum of twenty-five ($.25) cents

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per ton, as an inspection fee. Thereupon, the Commissioner of Agriculture shall supply all such applicants with the requisite number of tags which later, attached to each package of calcium arsenate, lead arsenate, and dust mixtures containing sulphur, lead arsenate, and lime, and other field insecticides and fungicides commonly used on cotton, field crops, and fruit, shall be prima facie evidence of compliance with the provisions of this Act. Tags left over from one season shall not be used next or succeeding season or be redeemed by the Commissioner of Agriculture. Tags. Sec. 4. Be it further enacted by the authority aforesaid, That samples of calcium arsenate, lead arsenate, and dust mixtures containing sulphur, lead arsenate, and lime, and other insecticides and fungicides commonly used on cotton, field crops and fruit shall be taken by fertilizer inspectors appointed by the Commissioner of Agriculture, but they shall not be allowed additional compensation for such service; they shall, however, be reimbursed in the matter of actual traveling expenses now paid, under the rules of the Department of Agriculture, when engaged in inspecting fertilizers. Samples of calcium arsenate, lead arsenate, and dust mixtures, containing sulphur, lead arsenate and lime, and other insecticides and fungicides commonly used on cotton, field crops, and fruit, shall be taken in the same manner now observed in taking samples of fertilizers. Samples by Inspectors. Expenses. Sec. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of the State Chemist to make the necessary analysis of all samples of calcium arsenate, lead arsenate, and dust mixtures containing sulphur, lead arsenate, and lime, and other insecticides and fungicides commonly used on cotton, field crops, and fruit, that may be turned over to him by the proper authorities. He shall keep a record of all such analyses and report on the same, as he now does in the case of fertilizer samples analyzed. Analyses.

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Sec. 6. Be it further enacted by the authority aforesaid, That the State Board of Entomology is hereby authorized and required to fix a standard for calcium arsenate, lead arsenate, and dust mixtures, containing sulphur, lead arsenate, and lime, and other insecticides and fungicides commonly used on cotton, field crops, and fruit, and to make such rules and regulations as, in the judgment of said Board, as shall be necessary for the protection of the people, and make thoroughly effective the provisions of this Act, and such regulations shall have the force of law. Standard. Sec. 7. Be it further enacted by the authority aforesaid, That the sum of Five Thousand ($5,000) Dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated to the Department of Agriculture for the purpose of defraying the expenses that may be incident to making the analysis hereinbefore required. Appropriation for expenses. Sec. 8. Be it further enacted by the authority aforesaid, That any person or persons, who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in Section 1065, Volume 2, of the Code of Georgia, 1910. All fines arising therefrom shall be paid into the State Treasury and shall become a part of the State Educational Fund. Penalty. Sec. 9. Be it further enacted by the authority aforesaid, That it shall be the duty of the Commissioner of Agriculture to prosecute each and every violator of any of the provisions of this Act. Prosecutions. Sec. 10. Be it further enacted by the authority aforesaid, That no provisions of the laws relating to the sale of Drugs and Poisons shall be construed to apply to the sale of the above named insecticides and fungicides for use on cotton, field crops, and fruit. Drug laws inapplicable.

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Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1920. INSURERS; DEPOSITS BY. No. 763. An Act to provide the amount of deposit to be made by Life Insurance Companies not now authorized to do business in this State, as a condition precedent to being licensed to transact business in this State; to provide for increases in the amount of the deposit of such companies doing business in this State and whose deposit is less than One Hundred Thousand Dollars ($100,000.00); to make this Act applicable to Industrial Life Insurance Companies, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act no life insurance company chartered, or which may hereafter be chartered, by the State of Georgia, whether organized on the mutual or the stock plan, and which is not now authorized to transact business in this State, shall be so authorized or licensed, until such company has deposited with the Treasurer of this State securities, deemed by the Insurance Commissioner of this State to be equivalent of cash, in an amount of not less than One Hundred Thousand Dollars ($100,000.00), as a guaranty fund for its policyholders, and no such company organized, or which may hereafter be organized, under the laws of any State of this Union, or foreign State, and not now authorized to do business in this State shall be authorized or licensed to transact the

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business of insurance in this State until it has produced evidence satisfactory to the Insurance, Commissioner of Georgia, that it has on deposit in the State in which it is chartered or organized, with the proper officer thereof, One Hundred Thousand ($100,000.00) Dollars in such securities as may be deemed by such officer, equivalent to cash, subject to his order, as a guaranty fund for the security of policyholders, provided, however, that such non-resident insurance company may make deposit with the Treasurer of Georgia, instead of in the State of its organization, should it elect to do so. Deposit. Amount. Non-resident companies. Sec. 2. Be it further enacted, That all life insurance companies now authorized to transact the business of life insurance in this State whose deposit is less than One Hundred Thousand Dollars ($100,000.00), shall annually, on or before the 31st day of December of each year, increase its deposit in an amount, not less than 10 per cent. of the amount of deposit which it is required to have under existing laws, until deposit aggregates not less than One Hundred Thousand ($100,000.00) Dollars. Annual increases. Sec. 3. Be it further enacted, That the provisions of this Act shall apply to industrial life insurance companies in the same manner as to other life insurance companies, provided such Act shall take effect January 1st, 1921. Effective January 1, 1921. 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, 1920.

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JAIL CASES, EXPEDITION OF. No. 774. An Act to require Clerks of the Superior Courts and City Courts in the State of Georgia, at the time they transmit to the Supreme Court and the Court of Appeals the records in criminal cases, to certify to said Courts the fact, whether the defendants are confined in jails under the respective sentences or are out on bonds, and in cases where it appears that the defendants are in jail, it shall be the duty of the Supreme Court and Court of Appeals to pass on and decide all of such cases as expeditiously as possible, consistent with the ends of justice, and for other purposes. Section 1. Be it enacted by the Legislature of the State of Georgia, That from and after the passage of this Act, that it shall be the duty of the Clerks of the Superior and City Courts in the State of Georgia, at the time they transmit the records in criminal cases to the Supreme Court and the Court of Appeals to certify to said Courts the fact, whether the defendants are confined in the jails under the respective sentences or are out on bonds. And in cases where it appears that the defendants are in jail, it shall be the duty of the Supreme Court and Court of Appeals to pass on and decide all of such cases as expeditiously as possible, consistent with the ends of justice. The intention of the law being to give all of said cases the right of way before the Supreme Court and Court of Appeals, after said cases are submitted to said Courts. Certificate decisions. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 17, 1920.

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JAIL EMPLOYEES, SALARIES OF, IN CERTAIN COUNTIES. No. 463. An Act to regulate the salaries of jailers, deputy jailers, guards, turnkeys and other jail employees in counties having a population of not less than 80,000 and not more than 130,000, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after January 1st, 1921, the jailers, deputy jailers, guards, turnkeys and other jail employees in counties having a population of not less than 80,000 and not more than 130,000 shall receive $25.00 per month in addition to the salaries prescribed by existing laws. Salaries fixed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1920. LOAN BUSINESS REGULATED. No. 741. An Act to license and regulate the business of making loans in sums of $300, or less, secured or unsecured, at a greater rate of interest than eight (8) per centum per annum, prescribing the rate interest and charge therefor, and penalties for the violation thereof; regulating the assignment of wages or salaries, earned or to be earned, when taken as security for any such loan, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by

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authority of the same, That from and after the passage of this Act no person, co-partnership, or corporation shall engage in the business of making loans of money, credit, goods or things in action in the amount, or to the value of three hundred dollars ($300) or less, and charge, contract for, or receive a greater rate of interest than eight (8) per centum per annum therefor, except as authorized by this Act, and without first obtaining a license from the State Bank Examiner, hereinafter called the licensing official. Rate of interest. Sec. 2. Application for such license shall be in writing and shall contain the full name and address, both of the residence and place of business, of the applicant, and if the applicant is a co-partnership of every member thereof, or if a corporation of each officer thereof; also the county and municipality, with street and number, if any, where the business is to be conducted. Every such applicant at the time of making such application shall pay to the licensing official the sum of one hundred dollars ($100) as an annual license fee and in full payment of all expenses of examinations under and administration of this Act; provided, that if the license is issued for a period of less than twelve months the license fee shall be pro-rated according to the number of months that said license shall run. Application for license. Fee. Sec. 3. The applicant shall also, at the same time, file with the licensing official a bond in which the applicant shall be the obligor in the sum of one thousand dollars ($1,000) with one or more sureties, to be approved by the licensing official, which bond shall run to the State of Georgia for the use of the State and of any person or persons who may have a cause of action aganist the obligor of said law under the provisions of this Act, such law shall be conditioned that said obligor will conform to and abide by each and every provision of this Act, and will pay to the State and to any such persons any and all moneys that may become

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due and owing to the State and to such person or persons from said obligor under and by virtue of the provisions of this Act. Bond. Sec. 4. Upon the filing of such applications and the approval of said bond and the payment of said fee the licensing official shall issue a license to the applicant to make loans in accordance with the provisions of this Act for a period which shall expire the first day of January next following the date of the issuance. Such license shall not be assignable. Issuance of license. Sec. 5. If, in the opinion of the licensing official, the bond shall at any time appear to be insecure or exhausted, or otherwise doubtful, an additional bond in the sum of not more than one thousand dollars ($1,000), satisfactory to the licensing official, shall be filed within ten (10) days after notice to the licensee, and upon failure of the obligor to file such additional bond, the license shall be revoked by the licensing official. Additional bond. Sec. 6. The licensing official may, upon notice to the licensee and reasonable opportunity to be heard, revoke such license if the licensee has violated any provision of this Act, and in case the licensee shall be convicted by a court the second time of a violation of Section 13 of this Act, the licensing official shall revoke such license. Provided, that the second offense shall have occurred after a prior conviction, in which case another license shall not be issued to such licensee, nor to the husband or wife of the licensee, nor to any copartnership or corporation of which he is an officer or member. Revocation of license. Sec. 7. The license shall be kept conspicuously posted in the place of business of the licensee. License to be posted. Sec. 8. No person, co-partnership or corporation so licensed shall make any loan provided for by this Act under any other name or at any other place of business than that named in the license. Not more

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than one place shall be maintained under the same license, but the licensing official shall issue more than one license to the same licensee upon the payment of an additional license fee and the filing of an additional bond for each license. Place of business. Sec. 9. Whenever the licensee shall change his place of business he shall at once give written notice thereof to the licensing official who shall attach to the license his approval in writing of the change. Change of place. Sec. 10. The licensing official, for the purpose of discovering violations of this Act, may either personally or by any person designated by him, at any time, and as often as he may desire, investigate the loans and business of every licensee and of every person, co-partnership and corporation by whom, or which any such loan shall be made whether such person, co-partnership or corporation shall act, or claim to act, as principal agent or broker or under or without the authority of this Act, and for that purpose he shall have free access to the office or place of business, books, papers, records, safes, and vaults of all such persons, co-partnerships and corporations; he shall also have authority to examine under oath all persons whomsoever whose testimony he may require, relative to such loans or business. Investigations. Sec. 11. The licensee shall keep such books and records in his place of business as, in the opinion of the licensing official, will enable the licensing official to determine whether the provisions of this Act are being observed. Every such licensee shall preserve the records of final entry used in such business, including cards used in the card system, if any, for a period of at least two years after making of any loan recorded therein. Records. Sec. 12. No licensee or other person, co-partnership or corporation shall print, publish or distribute, or cause

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to be printed, published, or distributed in any manner whatsoever any written or printed statement with regard to the rates, terms or conditions for the lending of money, credit, goods, or things in action in amounts of three hundred dollars ($300) or less which is false or calculated to deceive. Deceptive publication. Sec. 13. Every person, co-partnership and corporation licensed hereunder may loan any sum of money not exceeding in amount the sum of three hundred dollars ($300) and may charge, contract for and receive thereon interest at a rate not to exceed three and one-half (3) per centum per month. Interest shall not be payable in advance or compounded and shall be computed on unpaid balances. In addition to the interest herein provided for, no further or other charge, or amount whatsoever for any examination, service, brokerage, commission or other thing, or otherwise, shall be directly or indirectly charged, contracted for or received, except the lawful fees, if any, actually and necessarily paid out by the licensee to any public officer for filing or recording in any public office any instrument securing the loan, which fees may be collected when the loan is made or at any time thereafter. If interest or charges in excess of those permitted by this Act shall be charged, contracted for or received the contract of loan shall be null and void and the licensee shall have no right to collect or receive any principal, interest or charges whatsoever. No person shall owe any licensee, as such, at any time more than three hundred dollars ($300) for principal. Amount of loans. Interest. Sec. 14. Every licensee shall deliver to the borrower at the time the loan is made a statement in the English language showing in clear and distinct terms the amount and rate of the loan and of its maturity, the nature of the security, if any, for the loan, the name and address of the borrower and of the liceensee, and the rate of interest charged. Upon such statement there shall be

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printed in English a copy of Section 13 of this Act. Give to the borrower a plain and complete receipt for all payments made on account of any such loan at the time such payments are made. Upon repayment of the loan in full mark indelibly every paper signed by the borrower with the word paid or cancelled and release any mortgage, restore any pledge, cancel and return any note, and cancel and return any assignment given by the borrower as security. Statewent concerning loan. Receipt. Sec. 15. No licensee shall take any confession of judgment or any power of attorney. Nor shall he take any note, promise to pay, or security that does not state the actual amount of the loan, the time for which it is made, and the rate of interest charged, nor any instrument in which blanks are left to be filled after execution. Confession, power, etc. Sec. 16. No assignment of, or order for the payment of any salary or wages, earned or to be earned, given to secure any such loan shall be valid unless such loan is contracted simultaneously with its execution; nor unless in writing signed in person by the borrower; nor, if the borrower is married, unless signed in person by both husband and wife; provided, that written assent of a spouse shall not be required when husband and wife have been living separate and apart for a period of at least five months prior to such assignment. Under any such assignment or order for the payment of future salary or wages given as security for a loan made under this Act, a sum equal to ten (10) per centum of the borrower's salary or wages shall be collectible therefrom by the licensee at the time of each payment of salary or wages from the time that a copy of such assignment, verified by the oath of the licensee, or his agent, together with a verified statement of the amount upon such loan is served upon the employer. Salary assignments. Sec. 17. No person, co-partnership or corporation except as authorized by this Act shall directly or indirectly

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charge, contract for, or receive any interest or consideration greater than eight (8) per centum per annum upon the loan, use or foreclosure of money, goods or things in action, or upon the loan, use or sale of credit, of the amount or value of three hundred dollars ($300) or less. Maximum interest. The foregoing prohibition shall apply to any person who, as security for any such loan, use or forbearance of money, goods or things in action or for any such loan, use or sale of credit, makes a pretended purchase of property from any person and permits the owner or pledgor to retain the possession thereof, or who by any device or pretense of charging for his services or otherwise seeks to obtain a greater compensation than is authorized by this Act. To whom applies. No loan for which a greater rate of interest or charge than is allowed by this Act, has been contracted for or received, wherever made shall be enforced in this State and any person in any wise participating therein in this State shall be subject to the provisions of this Act. Non-enforcement. Sec. 18. Any person, co-partnership, or corporation and the several officers and employers thereof who shall violate any of the provisions of Sections 1, 8, 12, 13 or 17 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred ($500) dollars, or by imprisonment of not more tha six (6) months, or by both such fine and imprisonment in the discretion of the Court. Violation of 1, 8, 12, 13, 17 of this Act. Penalty. Sec. 19. This Act shall not apply to any person, co-partnership or corporation doing business under any law of the State, or of the United States relating to banks, trust companies, building and loan associations, or licensed pawnbrokers. Application of this Act.

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Sec. 20. Before any notice of assignment or purchase of wages or salaries shall be binding upon any individual, firm or corporation to whom said noice is directed, said notice shall be accompanied by a copy of the sale or assignment verified by the assignee to be a true and correct copy thereof. Provided, that the assignee shall file said notice within five days from the time of the execution of the assignment, and provided further that the contract of assignment shall be made in duplicate, one copy to be retained by the assignor and the other by the assignee. Upon receipt of the notice and verified copy of contract aforesaid, the individual, firm or corporation to whom same is delivered if it or they shall be due the assignor the amount of wages or salary so sold or assigned shall be authority to hold said wages or salary in its or their possession for the benefit of the assignee and thereafter within a reasonable time after the notice aforesaid pay over to the assignee the amount so assigned upon surrender of the original assignment. Any money earned by the assignor or seller in excess of any assignment or sale of wages or salary shall be paid to said assignor when due. Notice of assignment. Sec. 21. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved August 17, 1920. ORDINARIES' FEES IN CERTAIN COUNTIES. No. 521. An Act to regulate the fees to be charged by Ordinaries in the several counties of this State with not more than 40,000 inhabitants according to census of 1910. Section 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

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of this Act the Ordinaries in the several counties of this State having a population of not more than 40,000, according to the census for 1910, shall be entitled to the following fees, to-wit: Counties where applicable. For receiving application and granting citation, $2.00; for taking and recording administrator's or guardian's bond, $1.50; for issuing letters of administration or letters testamentary, $2.25; for recording same, 75c; for copying same, 75c; for signing warrant of appraisement, $1.00; for receiving an appraisement or sale bill and approving the same, if under five hundred dollars, $1.75; if above five hundred dollars and under two thousand, $2.00; if above two thousand dollars and under ten thousand dollars, $2.25; if above ten thousand dollars and under twenty thousand dollars, $3.00; if above twenty thousand dollars, $3.25; for receiving application and granting letters dismissing whole service, $7.50; for granting citation to show cause why administration should not be set aside or repealed, $3.00; for entering a caveat against administration being granted or will approved, $2.00; for each copy of caveat, 75c; for signing probate of will or codicil, $2.00; for each case litigated before the Ordinary where no fees are prescribed, $4.00; for issuing commission to examine witness, $2.00; for commission to have one year's support set apart to widow, minor or minors, $2.00; for recording the same, $1.50; for examining book and giving extracts, $1.50; for every order passed where no fees are prescribed, 75c. Provided that no fee shall be charged for drawing checks, orders, drafts or warrants on the county treasury or county depository. For each affidavit where no case is pending, 50c. For every service required and performed where no fees are specified, the same fees are allowed the Clerks of the Superior Courts for similar services, for a like amount of labor shall be allowed. For every marriage license, whole service, $2.25; for every order of sale of land or other

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property, $1.00; for each copy of same, 50c; for issuing letters of guardianship, $1.25; for recording the same, 75c; for rule nisi in each case, 75c; for copy, 50c; for issuing process against person for not making return, 75c; for each additional copy, 50c; for each subpoena, 15c; for examining and recording return on all estates not worth more than two thousand dollars, $1.50; for all estates worth more than two thousand dollars and not more than five thousand dollars, $2.00; for all estates worth more than five thousand dollars and not over ten thousand dollars, $2.25; for all estates worth more than ten thousand dollars, $2.50; for examining and recording the returns of all estates worth more than ten thousand dollars and not over twenty thousand dollars, $3.00; for all estates worth more than twenty thousand dollars and not over forty thousand dollars, $3.50; for all estates worth more than forty thousand dollars and not worth more than sixty thousand dollars, $4.00; for all estates worth more than sixty thousand dollars and not over eighty thousand dollars, $4.50; for estates worth more than eighty thousand dollars and not over one hundred thousand dollars, $5.00; for all estates worth more than one hundred thousand dollars and not more than one hundred and twenty-five thousand dollars, $5.50; for all estates worth more than one hundred and twenty-five thousand dollars, $6.00; for recording all vouchers accompanying returns of administrators, executors, and guardians per hundred words, 20c; for recording any instrument of writing not herein mentioned per hundred words, 20c; for proceeding authorizing titles to be made to real estate of deceased persons, $6.00; for commission to freeholders to divide estates, $2.00; for entering an appeal and transmitting the proceedings to the Superior Court, $1.50; for filing and recording an official bond, $1.50; for services in making settlements of accounts of executors, administrators or guardian, as prescribed in this Code, $12.00; for every stray horse, mule or ass for every legal service required, $3.00; for

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bull, ox or cow, for all services required, $1.75; for every goat, hog, or sheep, 50c; for retailer's license, $1.25; for copying and administering oath to retailer, 75c; for each peddler's license, $1.50; for filing and recording each bond the law requires, $1.25; for recording marks and brands, 50c; for comparing and testing weights and measures and stamping and marking each, 15c; for the whole service in setting apart a homestead of realty and personalty when not litigated, $9.00; when objections or demurrer is filed and heard in addition to the preceding (nine dollars), $4.00; for each fi fa issued by the ordinary, $1.00; for seal and certificate, each, 75c; for recording any inventory or appraisement or abstract of receipts and disbursements connected with an account current, in addition to the foregoing fees, per one hundred words, 20c. Fees prescribed for services. Sec. 2. This Act is intended to change the fees of Ordinaries as prescribed in Section 4827 of the Code of Georgia, 1910, as to counties having not more than 40,000 inhabitants according to 1920 census and no other fees allowed by law to Ordinaries. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1920. PAINTS, SALES OF, PENALTY. No. 739. An Act to prevent deception in the sale of paints and oils; to provide for true labels for the same when offered for sale; for the enforcement of this Act by the Pure Food and Drug Inspector of said State; for penalties for the violation of the same.

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Be it enacted by the Legislature 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. Whoever shall expose for sale, or sell within this State, any paint which is labeled or marked in any manner so as to tend to deceive the purchaser as to its nature, or composition, or which is not accurately labeled as hereinafter required, shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars and not more than one-hundred dollars, or by imprisonment in the county jail not exceeding sixty days. Labels. Penalty. Sec. 2. Be it further enacted by authority of same, The label required by this Act shall clearly and distinctly state the name and residence of the manufacturer of the paint, or the distributor thereof, or of the party for whom the same is manufactured. Said label to clearly state, in addition to the before-mentioned matter, the quantity contained in the package; this in the case of liquid or mixed paints, to be designated in United States standard gallons or fraction thereof, and in the case of paint or semi-paste paints, such as commonly sold by weight, to be shown by weight avoirdupois. Said label shall be printed in the English language in plain, legible type. Labels; what required. Sec. 3. Be it further enacted by authority aforesaid, The term paint, as used in this Act, shall include white lead basic, carbonate or sublimed, in any kind of oil, or any compound intended for the same use, paste or semi-paste, and liquid or mixed paint ready for use. Paint defined. Sec. 4. Be it further enacted, That no person, firm, or corporation, or agent, or employee of any person, firm or corporation, shall manufacture for sale, or offer or expose for sale in this State, any flaxseed or linseed

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oil unless the same answers all the chemical test for purity recognized in the United States Pharmacopeira, or in any flaxseed or linseel oil as boiled linseed oil, unless the same shall have been put in its manufacture to a temperature of two hundred and twenty-five degrees Farenheit. Sale of oils. Sec. 5. Be it further enacted, That no person, firm or corporation, or agent or employee of any person, firm or corporation, shall sell, expose or offer for sale any flaxseed or linseed oil unless it is done under its true name, and each tank car, tank, barrel, keg or any vessel of such oil has distinctly and durably printed, stamped, stenciled or labeled thereon the true name of such oil and in ordinary bold face capital letters the words Pure Linseed Oil Raw, or Pure Linseed Oil Boiled, and the name and address of the manufacturer thereof, or of the party for whom the same is manufactured and sold only under the brand of such manufacturer or party for whom the same is manufactured. Sale of oils. Sec. 6. Be it further enacted, That the having in possession by any person or persons, firm or corporation, or agents or employee of any person or persons, firm or corporation dealing in said articles, any article hereinbefore described and not properly labeled, as provided in this Act, shall be considered prima facie evidence that the same is kept by such person, firm or corporation, in violation of the provisions of this Act and punishable under it. Violation. Sec. 7. This Act shall become effective January 1, 1921. Effective January 1, 1921. Sec. 7. The State Pure Food and Drug Inspector is charged with the proper enforcement of all the provisions of this Act, and empowered to formulate and promulgate such rules and regulations as may be necessary in carrying out the purposes of this Act. Enforcement.

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Sec. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1920. PARK'S CODE SUPPLEMENT, AUTHORITY TO ACQUIRE. No. 750. An Act to acquire a sufficient number of sets of the permanent supplement of Park's Annotated Code of 1914 to supply the same to all officers, courts and institutions, who now receive the reports of the Supreme Court; and to give in exchange therefor publications of the State, and for other purposes. Whereas, during the six years since the publication of Park's Annotated Code of Georgia in 1914, one hundred and forty-nine laws of general nature have been enacted, including such important and permanent statutes as the Land Registration Act, a complete new code of banking laws, a code of school laws, and many others of similar importance; and many sections of the Code have been amended; and, Whereas, there is now in process of publication a permanent cumulative supplement by the publisher of said Code which will include all laws since 1914, including those of the present session of the Legislature, and be similar in all respects as to binding, printing, indexing, annotation and arrangement as the original Code; and, Whereas, The State has already acquired five hundred sets of the original Code and supplied the same to all officers and institutions who receive the reports of the Supreme Court and Court of Appeals; and,

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Whereas, The use of said supplement by the Courts will greatly facilitate and materially aid in the construction and application of the laws and the administration of justice, and will add greatly to and preserve the value of the sets of the original Code now owned by the State, Now, therefore, Be it resolved by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Governor is hereby authorized, on behalf of the State, to acquire by contract from the publisher of the aforesaid supplement to Park's Annotated Code of 1914, a sufficient number of the sets of said supplement, not exceeding five hundred sets, to supply all officers of the State, and of the several counties thereof, and all Courts and institutions now furnished by the State, with the reports of the Supreme Court and Court of Appeals, and for exchange with other States for the Code of such other States, at a price not exceeding twenty-five dollars per set of at least two volumes, each volume to be of the approximate size, and of the same quality of binding, printing, annotation, indexing, and arrangement as the Park's Code of 1914, exchanging therefor at current prices any publication of the State, designated by said publisher, published, or to be published, including reports of the Supreme Court and Court of Appeals; and that upon delivery of said books to the State Librarian it shall be the duty of the State Librarian to furnish promptly, free of charge, to each of said officers and institutions a set of said supplement. Acquisition by Governor Distribution. 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 17, 1920.

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PENSION CLERK'S SALARY. No. 806. An Act to fix the salary of the clerk and bookkeeper of the Pension Office, and provide for the payment thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this bill, the annual salary of the clerk-bookkeeper of the Pension office of Georgia shall be Twenty-four Hundred ($2,400.00) Dollars, payable monthly. 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 bill be and the same are hereby repealed. Approved August 17, 1920. PENSION COMMISSIONER'S TERM OF OFFICE. No. 781. An Act to fix the term of the office of Commissioner of Pensions and to continue it until otherwise provided by the General Assembly 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 bill the term of the office of Commissioner of Pensions shall continue to exist until otherwise provided by the General Assembly of the State. Term continued. Sec. 2. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and are hereby repealed. Approved August 16, 1920.

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PENSIONS TO SOLDIERS AND WIDOWS. No. 794. An Act to provide for an annual increase of the pensions paid by the State to the Confederate soldiers and their widows, 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, there shall be an annual increase of twenty-five dollars on each pension paid in 1920, of ninety dollars, and upwards, and fifteen dollars on those drawing less than the ninety dollars. These increases to continue to those now on the Pension Rolls and to be hereafter placed thereon until changed by law. Provided annual increase shall continue for a period of only four years. Annual increases for four years. Sec. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this bill be and the same are hereby repealed. Approved August 16, 1920. PENSIONS TO SOLDIERS AND WIDOWS. No. 805. An Act to authorize the payment of the annual pensions to those soldiers, and to the widows of such soldiers, who became eligible for military service and who enlisted in the C. S. A., or were called into or enlisted into the military service of the State, and did not and coulld not have performed six months military service before the close of the war, April 26, 1865, 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 bill, that the annual pensions now fixed by law as are provided to those pensioners now on the Pension Rolls, shall be paid to that class of soldiers, and to the widows of such soldiers, that became eligible for military service and entered into the C. S. A., or of the organized State troops or militia, of the State of Georgia, and served in a Georgia command and did not, and could not have performed as much as six months actual service before the close of the war, April 26, 1865. Eligibility of soldier for pension. Sec. 2. Be it further enacted by the authority aforesaid, That the provision of this Act shall not apply to any other class of soldiers, or to the widows of such class of soldiers, who could have performed and did not perform the six months service required by existing laws. Application of this Act. Sec. 3. Be it further enacted by the authority aforesaid, That all the requirements of existing laws in making application under this law and the proof required, etc., shall apply to the applicants under this Act. Approved August 17, 1920. PHYSICAL EDUCATION; CO-OPERATION OF EDUCATIONAL AND HEALTH AUTHORITIES. No. 627. An Act to provide physical education and training for pupils in the common, graded, and State Normal, and all other public schools of Georgia, supported wholly or in part by the State, and to insure better co-operation between the educational authorities and the health authorities of this State, and prescribing the methods of carrying the same into effect.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Georgia State Board of Education shall prescribe a course of study in physical education for all common schools of the State, and shall fix the time when said course shall go into effect. This course shall occupy periods totaling not less than thirty minutes each school day which shall be devoted to instruction in health and safety, to physical exercises and to recess play under proper supervision. Course prescribed. A manual setting out the details of said course of study shall be prepared by the State Superintendent of Schools in co-operation with the State Board of Health and State Board of Education of Georgia, and such expert advisers as they may choose. Manual. Said manual when published shall be sent by said State Board of Education to the teachers of the common schools in the State of Georgia. Sec. 2. The curriculum of all State Normal Schools of Georgia and of all other institutions in the State supported wholly or in part by public funds having special courses adopted for the preparation of teachers, shall contain one or more courses in physical education and after the first day of July, 1921, each person graduating from a teachers' course in any of these institutions shall have completed one or more courses in physical education. Courses at normal schools. Sec. 3. County Boards of Education of cities and of graded common school districts may employ supervision and special teachers of physical education in the same manner as other teachers are employed, provided they possess such qualifications at the State Board of Education may prescribe. Boards of Education of two or more school districts, city, graded school, or county, may jointly employ a supervisor or special teacher of physical education. Board of Education may allow the

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use of school buildings or school grounds after the regular school hours and during vacation as community centers for the promotion of play and other healthful forms of recreation, under such rules and regulations as to them seem proper. Special teachers. Sec. 4. All laws in conflict with this Act are hereby repealed. POST ROADS DESIGNATED AS PUBLIC ROADS. No. 495. An Act to designate all post roads as public roads. 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 all roads that are now or may hereafter be used as post roads which are part or parts of rural postal routes shall be deemed public roads, and it shall be the duty of the County Commissioners, or the Ordinary, as the case may be, to construct and maintain said roads in a reasonably passable condition as other public roads of the county are maintained. Use of roads Maintenance Sec. 2. Be it enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 5, 1920. PROTECTION OF FUR-BEARING ANIMALS; CLOSED SEASON PROVIDED. No. 572. An Act to protect the fur-bearing animals of the State of Georgia, to provide a closed season 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 skunk, opossum, muskrat, reccoons, red and grey fox, beaver, mink, otter, bear, wild cat and civet cat may be taken in any manner and bought and sold and possessed from the twentieth day of November to the first day of March, inclusive, by the lawful holder of a State hunting or trapping license. At other times it shall be unlawful to take in any manner or kill these animals except as hereinafter provided. Season for hunting. Sec. 2. Be it further enacted, That wild cat and bear may be hunted for sport and may be taken in any manner at any time and possessed by the lawful holder of a State hunter's license. Wild cats and bears. Sec. 3. Be it further enacted, That whenever musk rats are causing damage to dams or cultivated or pastured land that they may be killed after an investigation by the Department of Game and Fish, and a permit issued by that department. Provided any person may kill or destroy any of said animals where they are destroying property without obtaining permit. Provided that nothing in this Act shall repeal or affect the existing hunting license law of this State permitting any person hunting in his own militia district. Destructive animals. Sec. 4. Be it further enacted, That any person violating the provisions of this Act shall be guilty of a misdemeanor and on conviction therefor punished as prescribed in Section 1065 of the Penal Code of this State. Penalty. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1920.

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PUBLIC-SERVICE CORPORATION TAX CLERK. No. 776. An Act to amend an Act, approved August 19, 1918, entitled An Act to provide for a Public Service Corporation Tax Clerk; to prescribe the duties of said clerk and fix his compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act Section 2 of the Act approved August 19, 1918, entitled An Act to provide for a Public Service Corporation Tax Clerk; to prescribe the duties of said clerk and fix his compensation; and for other purposes, be amended by striking in the sixth line of said section the words six hundred and inserting in lieu thereof the words twelve hundred, so that said section when amended shall read as follows: Act of 1918 amended. Be it further enacted by the authority aforesaid, That the Wild Land Clerk in the Comptroller-General's office, now by law appointed by the Comptroller-General, shall be ex-officio Public Service Corporation Tax Clerk and shall discharge the duties required of said clerk by this Act, for which service he shall receive a salary of twelve hundred dollars ($1,200) per annum, and same is hereby appropriated by this Act, and the Governor is authorized to draw his warrant quarterly on the State Treasury in payment of same, as provided by law for the payment of salaries of State officers and clerks. To be read. 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 17, 1920.

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REPORTS OF DECISIONS; PUBLICATION, ETC. No. 777. An Act to provide for the publication of the Reports of the Supreme Court and Court of Appeals, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is enacted by the authority of the same, That the Reports of the Supreme Court and of the Court of Appeals of this State shall hereafter be published in the manner hereinafter pointed out. Reports. Sec. 2. For the purpose of this Act, the following words, as used herein, shall be construed to have the following meaning: The word reporter shall mean the reporter of the Supreme Court. The word Reports shall mean the official Reports of the decisions of the Supreme Court or of the Court of Appeals as the case may be, together with the usual title pages, indexes, etc. The word publisher shall mean the State Publisher of Court Reports as defined in this Act. Definitions. Sec. 3. The reporter, acting with the advice of the Governor, shall from time to time as the occasion may require, prepare and outline a proposed contract conforming to the provisions of the Act in general detail but leaving blanks to be filled where necessary from the bids to be submitted as hereinafter provided for and shall file the same in the office of the Governor for public inspection. The Governor shall thereupon advertise for bidders under said contract. Said advertisement shall be published twice, in separate weeks, in some daily newspaper of said State and shall designate the time, place and manner in which bids will be received. The right to reject any and all bids shall be reserved. The Governor and reporter to contract with such lowest bidder in the event such contractor complies with the terms of this law. Contract. Bidders.

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Sec. 4. The person to whom the contract is awarded shall give bond with adequate and satisfactory security in the sum of not less than $10,000.00 to be payable to the Governor and to be approved by him and to be conditioned that he will promptly and faithfully perform his contract and carry out all the provisions of the Act so far as they relate to the duties arising from said contract. Bond. Sec. 5. The person to whom said contract shall be awarded shall, upon the giving and the aproval of the bond above referred to, become and be known as the State Publisher of Court Reports. State publisher. Sec. 6. The reporter shall furnish to the publisher the manuscript of the decisions and of the index and shall supervise the printing in substantially the manner as provided in Sections 6127 to 6131, inclusive, of the present Civil Code of Georgia, and it shall be the duty of said publisher to cause the Reports to be printed and bound promptly and within such limit as shall be set out in the contract. Should there be delay in such printing or binding beyond the time set, the reporter shall notify the Governor and the Governor shall, upon notice to said publisher, declare said contract broken and said publisher shall forfeit to the State a sum to be assessed by the Governor not exceeding one hundred dollars per week for each week that said delay continues, unless it appears to the Governor that such delay arose from providential, unavoidable or excusable cause; and if the delay is flagrant or continues more than sixty days the Governor may, in addition, declare the contract forfeited and ended. The bond given by said publisher shall be liable for any sum so assessed and an action shall be thereon in behalf of the State for said amount. Printing. Delays. Sec. 7. The printing and binding of the Reports shall be done substantially in the same manner and in the same style and quality as now used in the publication

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of said Reports, and no variance therefrom shall be made without the consent of the reporter on such terms as shall be set by him with the approval of the Governor. Style and quality of books. Sec. 8. As said Reports are printed, matrices of the type pages shall be made according to specifications to be furnished by the reporter and to be stated in the contract, and as each volume is printed these matrices shall be carefully packed and boxed and delivered to the State Librarian or to such other custodian as shall be designated by the Governor, free of cost to the State; and these shall be carefully preserved for future printing if necessary. In the discretion of the reporter, with the approval of the Governor, the publisher may be required to furnish stereotyped plates, instead of the matrices, at the actual cost of having the same made from the matrices or type pages. The publisher shall also carefully preserve an additional set of the matrices of each volume he publishes, and shall, upon his contract expiring, deliver them to his successor in office, the title to the same to be in the State at all times. Matrices of type pages. Sec. 9. On or before the time each Report is printed and bound the State Librarian shall furnish to the publisher a statement of the number of volumes needed by the State for the purpose of distribution and exchange as provided in Sections 178 and 183 and for other public uses of the State, and, as soon as the Reports are printed and bound, the supply called for by the requisition of the State Librarian shall be delivered to the State Librarian; and the publisher shall be paid therefor at the price set out in the contract, to be paid as is hereinafter provided, and if the original requisition proves inadequate further requisitions may be made from time to time and the volume called for shall be delivered and paid for as stated above. In addition to the copies so to be furnished for use of the State the publisher shall at all times during his contract keep

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on hand at the Capital City of the State an adequate supply of the Reports on and after the day of publication shall sell the same to the State and citizens of this State at a price not exceeding that to be set in the contract. Number of volumes. Sec. 10. The price at which such Reports shall be furnished to the State or sold to the citizens of the State shall not exceed the cost price to the State as fixed by the contract with the publisher herein referred to. Price. Sec. 11. The publisher shall print such number, not less than 1,000 copies, of each current volume of the Reports as shall be specified in the contract herein provided for. Printing. Sec. 12. Upon the expiration of his contract the publisher in the event he does not become his own successor may sell to his successor all his unsold copies provided he and his successor can agree upon satisfactory terms therefor, but if no satisfactory trade is made to his successor the publisher may hold said unsold copies for the purpose of sale, and the price of any such unsold copies shall remain the same as fixed by the contract under which said unsold copies shall have been published. Unsold volumes. Sec. 13. The reports shall be copyrighted and the copyright shall belong to the State of Georgia. Copyright. Sec. 14. Should the work of printing and binding the Reports or any part of them be improperly done the Governor shall have the power to require the same to be re-executed or in his discretion he may, in lieu thereof, require the publisher to sell the same to the State and the citizens of the State at a reduced price to be fixed by the Governor. This provision shall in no way effect the liability upon the bond herein provided for. Improper work. Sec. 15. Except when the State shall have on hand for the purpose of sale twenty-five or more copies of

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any volume of the Reports of which the State may have matrices, or electrotyped, or stereotyped plates, whether such matrices or plates were obtained by the State under the provisions of this Act or any prior existing law, or otherwise, the publisher shall have the right at any time to call on the State Librarian or other custodian for the matrices or plates for such volumes for the purpose of printing therefrom additional copies, and also it shall be the udty of the publisher, upon demand being made upon him by the reporter, with the approval of the Governor, to make such reprints as may in the judgment of the reporter, with the approval of the Governor, be necessary to meet the needs of the State or of the citizens of the State and to keep such volume or volumes on hand for sale to the State and to the citizens of the State. The terms on which the publisher shall have the use of such matrices and plates and the prices at which the reprints shall be sold to the State and to the citizens of this State shall be stated in the publisher's contract. Provided, nevertheless, that where an ex-publisher has on hand, unsold, not less than twenty-five copies of any volume of the Reports, which he stands ready to sell to the State or to the citizens of this State at the price named in the contract under which such volume was printed, no succeeding publisher shall be allowed to reprint that volume of the Reports and sell the same in competition with the ex-publisher. Provided that this exception in favor of the ex-publisher shall expire at the end of six years from date of the expiration of his contract under which the volume in question was published. Reprints. Ex-publisher's right. Sec. 16. So much of Section 187 of the Civil Code as relates to the publication of the early reports by the State Librarian is superseded by this Act, but such republication shall be provided for in letting the contract with the publisher. C. C. 187 partly superseded.

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Sec. 17. The expense attendant on advertising and letting the contracts shall be paid from the contingent fund, or other funds not otherwise appropriated, on warrant of the Governor. The purchase price of books bought under the provisions hereof for the use of the State and the cost of making stereotypes, if required, and such other things as are properly chargeable to the State in the carrying out of the provisions of this Act, and not otherwise provided for, shall be paid out of the printing fund or any other fund in the Treasury not otherwise appropriated, to be drawn on warrant of the Governor. Payments. by State. Sec. 18. So much of the law now contained in the Code of 1910, tenth title, chapter six, as is not necessarlly superceded by the terms of this Act, is hereby retained in force. Existing law. Sec. 19. All conflicting laws and parts of laws are repealed. Approved August 17, 1920. ROAD LAWS AMENDED. No. 552. An Act to amend an Act approved August 18th, 1916, entitled An Act to amend an Act approved August 21, 1891, entitled `An Act to give the Commissioners of Roads and Revenues, or the Ordinary or County Judge, as the case may be, of each county, the power and authority to lay out, open, change or discontinue the public roads, and to work and have the same worked; to provide for levying a tax for road purposes; to prescribe who shall be subject to road duty; for the appointment of a superintendent of roads and other necessary officers; to provide how roads shall be worked; to provide for the punishment of

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defaulters, and how and when this Act shall go into effect in any county, and for other purposes, together with the amendments thereto, by amending Section 2 of said Act in providing for the manner of collection of commutation tax by the tax collector in all counties of the State of Georgia, whose population is over 36.725 and not over 50,000, and further providing that in such county said commutation tax shall be fixed at a sum that will amount to not more than one ($1.00) dollar for the numberof days' work required on the public roads of said county,' and to provide that in counties having a population of not more than 18,690, nor less than 18,750, by the census of 1910, the commutation tax shall be fixed at a sum that will amount to not more than two ($2.00) dollars per day, and that no person shall be required to work more than five days in any one year and to provide that in counties having a population of not less than 7,180, or more than 7,200, by the census of 1910, the commutation tax shall be fixed at a sum that will amount to not more than $2.00 per day, and that no person shall be required to work more than five days, or less than three days, in any one year, any 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 amend an Act approved August 21, 1891, entitled `An Act to give the Commissioners of Roads and Revenues, or the Ordinary or County Judge, as the case may be, of each county, the power and authority to lay out, open, change or discontinue the public roads, and to work and have the same worked, to provide for levying a tax for road purposes; to prescribe who shall be subject to road duty; for the appointment of a superintendent of roads and other necessary officers; to provide how

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roads shall be worked; to provide for the punishment of defaulters, and how and when this Act shall go into effect in any county, and for other purposes, together with amendments thereto, by amending Section 2 of said Act in providing for the manner of collection of commutation tax by the tax collector in all counties of the State of Georgia, whose population is over 36,725, and not over 50,000, and further providing that in such county said commutation tax shall be fixed at a sum that will amount to not more than one ($1.00) dollar for the number of days' work required on the public roads of said county, approved August 18th, 1916, be and the same is amended by striking out the words tax collector where the same appears in the seventeenth line of said section and inserting in lieu thereof the words Ordinary or County Commissioners having charge of county of affairs, as the case may be, and by striking out the words and such tax collector shall be paid by said authorities a commission of 10 per cent. upon all such taxes collected by or through him, so that when so amended said section shall read as follows: Act of 1916 amended. Sec. 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 2 of an Act entitled An Act to give the Commissioners of Roads and Revenues, or Ordinary or County Judge, as the case may be, in each county, the power and authority to lay out, open, change or discontinue the public roads and work and have the same worked, to provide for levying a tax for road purposes, to prescribe who shall be subject to road duty; for the appointment of a superintendent of roads, and other necessary officers; to provide how said roads shall be worked; to provide for the punishment of defaulters and how and when this Act shall go into effect in any county, and for other purposes, approved

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October 21, 1891, be and the same is hereby amended by providing that a commutation tax, fixed by the county authorities, shall be collected by the Ordinary or County Commissioners having charge of county affairs, as the case may be, of all counties in this State with a population of not less than 36,725, or greater than 50,000. To be read. Collection of road tax. Sec. 3. Be it further enacted by the authority aforesaid, That from and after January 1st, 1921, in all counties of this State having a population of not less than 7,180, or more than 7,200 by the census of 1910, the commutation tax shall be fixed at a sum that will not be more than $2.00 per day, and that no person shall be required to work more than five days or less than three days in any one year. Tax in certain counties. Sec. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, in all counties of this State having a population of not more than 18,690, nor less than 18,750, by the Census of 1910, no one shall be required to work for longer than five days upon any public road in any one year, nor shall the said commutation tax be fixed at a sum that will amount to more than two ($2.00) dollars per day for the number of days' work required of said persons in said county. In other counties. 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, 1920. SALES OF LANDS OF DECEDENTS' ESTATES. No. 803. An Act to authorize executors, administrators and trustees, where there is not sufficient personal property to pay the debts of any estate, to sell, for the purpose

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of paying such debts, land left by will providing that said land be kept together until the beneficiaries thereunder reach the age of twenty-one years and providing that said land cannot be sold until the happening of some contingency which rotates to the future; to provide for the passing of the title of the land so sold; to prescribe the mode, method and procedure necessary in case of such sale, and to provide that in all other respects, than as set out in this Act, such sale shall be made as provided in Sections 3064 and 3065 of the Code of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be lawful, in all cases where property is left by will heretofore, as hereafter made, providing for the keeping together and holding the real estate named in such will until the beneficiaries under such will shall arrive at the age of twenty-one years, and in all cases where property has been, or may hereafter be left by will providing that the property therein designated cannot be sold until the happening of some contingency, which contingency relates to the future, and when such estate owes debts, whether such indebtedness was owing at the death of the maker of such will, or has been lawfully contracted by the executor, administrator, or trustee of said estate, and there is not sufficient personal belongings to such estate to pay off and discharge said indebtedness, for the executor, administrator, or trustee, as the case may be, of such estate to sell at private or public sale a sufficiency of the real estate belonging to such estate to pay off and discharge any such debts or liabilities of such estate, and to make to the purchaser or purchasers in her, or his, official capacity as such executor, administrator, or trustee, good and sufficient title in fee simple to the property

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so sold, and to apply the proceeds of such sale, or sales, so made, or so much thereof as is necessary, to the extinguishment of such indebtedness of said estate, and such executor, administrator or trustee, as the case may be, is hereby authorized to make such sale for the purpose aforesaid. Sale to discharge debts. Provided, however, that before any such sale shall be finally consummated such executor, administrator or trustee shall file in the office of the Clerk of the Superior Court of the county where such administration is being had, a petition in writing addressed to the Judge of the Superior Court of such county where such administration is being had, setting forth fully and in detail the amount of such indebtedness which is sought to be paid, to whom same is due, when contracted, by whom contracted, the rate of interest being paid, when such indebtedness will be due, whether such indebtedness, or any part thereof, is secured by deed, mortgage, or other lien on any property belonging to such estate, stating the amount of secured debt, or debts, how secured, date same was contracted, to whom due, when due, rate of interest, and disposition of the property so encumbered by security deed, mortgage, or other contractural lien, and if judgment is outstanding against said estate it shall be fully stated in the petition, the name of the plaintiff, the amount of the judgment, or judgments, the date, or dates, of same, from what Court issued, with the full amount due on such judgment or judgments. Petition. Contents. Sec. 2. Be it further enacted by the authority aforesaid, That in all other respects than as set out and provided in said Section 1 of this Act all such sales as are provided for in Section 1 of this Act shall be made as provided in Sections 3064 and 3065 of the Code of Georgia of 1910, providing for sales for re-investment by guardian; as such sales to be approved and confirmed by said Judge by appropriate order, and the entire proceedings

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shall be recorded on the minutes of the Superior Court, and properly indexed. C. C. 3064, 3065, applied. 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, 1920. SCHOOL CONSOLIDATION ACT AMENDED. No. 797. An Act to amend an Act entitled An Act to aid in the establishment and maintenance of one or more consolidated public schools in each county of the State; to fix the standards for same and for other purposes, approved August 18th, 1919 (Acts 1919, pages 287, 288) so as to grant to the schools in counties in which are located any of the District Agricultural Schools the same State aid as given to the other counties of the State, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That the Act entitled An Act to aid in the establishment and maintenance of one or more consolidated public schools in each county of the State; to fix the standards for same, and for other purposes, approved August 18th, 1919 (Acts 1919, pages 287 and 288) be amended by striking from Section 2 of said Act the following words, to-wit: Nor shall it be expended in counties in which are located any of the District Agricultural Schools, so that said Section 2 of said Act when so amended shall read and be as follows, to-wit: Act of 1919 amended. Sec. 2. Such funds for the formation and aid of consolidation and high school education shall not be sent to two schools in the same county until all the other counties in the State have had the opportunity for this aid. To be read.

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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 17, 1920. SCHOOLS FOR ILLITERATE ADULTS. No. 778. An Act to authorize county authorities in their discretion to provide for the carrying on of schools for the instruction of adult illiterates in the elementary branches of an English education only; to authorize the payment of the expenses of carrying on said schools from the county treasuries; to authorize the levying of a tax for the payment of the expenses of such schools; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by its authority, That from and after the passage of this Act, the County Commissioners of this State, or the Ordinaries of such counties as have no Commissioners, shall have, and they are hereby given, authority in their discretion to provide for the carrying on in their respective counties of schools for instructing adult illiterates in the elementary branches of an English education only. Schools authorized. Sec. 2. Be it further enacted by the authority aforesaid, That the expenses of maintaining said schools, when they shall be established in accordance with this Act, shall be paid out of the county treasury and to that end the said County Commissioners or Ordinaries are hereby authorized and empowered to levy such tax as may be necessary to pay said expenses over and above the sums for which they are now authorized to levy a tax. Expenses.

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Sec. 3. Be it enacted, That all laws in conflict with this Act are hereby repealed. Approved August 17, 1920. SECURITIES COMMISSION; SALES REGULATED. No. 754. An Act to create and establish the Securities Commission, to provide the membership of said Commission, and define the duties and regulate the sale thereof, to provide for the license of dealers in securities and their agents, to fix fees therefor, to provide a penalty for violation 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 this Act shall be known as The Georgia Securities Law, and that it shall repeal and supersede the Act approved August 19, 1913, known as the Georgia Blue Sky Law. Law designated Sec. 2. There shall be, and there is hereby created and established a Securities Commission, which shall be composed of the Secretary of State, who shall be Chairman of said Commission; the Attorney-General, and the Commissioner of Commerce and Labor, all of whom shall serve upon and perform the duties of said Commission without additional compensation; provided, that should any of the above-named members of said Commission be or become, directly or indirectly, interested in any firm or corporation which is a dealer in securities coming within the supervision of said Commission, then the Governor shall name and appoint either the Comptroller-General, the Tax Commissioner or the Commissioner of Agriculture to take the place of the

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member or members of said Commission so interested, and thereby disqualified, and such appointee shall serve on said Commission so long as such disqualification shall last. Commission created. Sec. 3. The Commission shall have authority to employ a chief examiner at a salary of not to exceed three hundred ($300.00) dollars per month, and such other examiners, clerks and stenographers, and other employees as the administration of its office and affairs may require, whose salaries shall be fixed by said Commission, and paid out of the fees collected as herein provided. The office supplies, printing, and equipment, and other expenses, and traveling expenses of the Commission and its examiners, shall be defrayed out of said fees which are hereby allocated to defray expenses of the Commission. Examiners, clerks, stenographers, etc. Sec. 4. The Commission shall keep and maintain its office in the office of the Secretary of State. Office. Sec. 5. The words and phrases used herein shall, unless the context otherwise indicates, have the following meaning: The word securities shall include stocks, bonds, debentures, notes, certificates of participation, certificates of shares of interest, pre-organization certificates, and subscriptions, certificates evidencing shares in trust-estates, or associations, and profit-sharing certificates. Securities defined. The word issues shall include every person and every company, trust, partnership or association incorporated or unincorporated heretofore or heretofore formed for any lawful purpose and organized under the laws of this State or any foreign State or country which shall have issued any security sold or offered for sale to any person or persons in this State. Issues defined. The term or words dealer shall be deemed to include any person, company, trust, partnership or association,

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incorporated or unincorporated, except National Banks, selling or disposing or offering to sell or dispose of any such securities through agents or otherwise, or engage in the marketing or quotation of its own securities either directly or indirectly or through agents or underwriters or any stock-promotion scheme whatsoever. Dealer defined. The word file or filing, within the meaning of this Act, shall mean the endorsement thereof by the Chairman of the Securities Commission of the word filed, followed by the month, day annd year, and name of the Chairman for the purpose of showing that, in his opinion, the issuer, solicitor, agent, broker, dealer, or owner has complied with the provisions of this Act. File and filing defined. Sec. 6. Except as otherwise provided in this Act, no dealer shall, within this State, dispose or offer to dispose of any stocks, bonds, debentures, certificates of participation, or other similar instrument (all hereinafter termed securities), evidencing title to or interest in property issued or executed by any private or quasi-public corporation, co-partnership, or association (except corporations not for profit), without first being licensed so to do as hereinafter provided. License necessary. Sec. 7. For the purpose of this Act, securities are divided into four classes, as follows: Classes of securities. (1) Securities, the inherent qualities of which assure their sale and disposition without the perpetration of fraud, which shall be known as securities in Class A; (2) Securities, the inherent qualities of which, or in the nature of one or of both parties to the sale thereof, assure the sale and disposition without the perpetration of fraud, which shall be known as securities in Class B; (3) Securities based on established incomes which shall be known as securities in Class C;

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(4) Securities based on prospective incomes which shall be known as securities in Class D. Sec. 8. Securities in Class A shall comprise: Class A defined. (1) Those issued by a government or governmental agency, or by any body having power of taxation or assessment; (2) Those issued by any National or State Bank or trust company, building and loan association of this State, or insurance company operating under the supervision of the Insurance Commissioner. (3) Those issued by any corporation operating under the supervision of the State Railroad Commission. (4) Those appearing in any list of securities dealt in on the New York, Chicago, or Philadelphia Stock Exchange, or other stock exchanges of like standing, pursuant to official authorization by such exchanges, and securities senior to any securities so appearing, whereof the current prices shall have been quoted from time to time for not less than one year next preceding the offering for sale thereof in tabulated market reports published as news, and not as advertisements, in a daily newspaper of general circulation in this State. (5) Those issued by any corporation organized not for pecuniary profit and organized exclusively for educational, benevolent, fraternal, charitable or reformation purposes. (6) Notes or bonds secured by mortgage lien upon real estate or leasehold in this State, or notes secured by first mortgage upon tangible or physical property in any State or Territory of the United States, when such mortgage is assigned with such securities to the purchaser. (7) Evidences of indebtedness due under any contract made in pursuance to the provision of any statute

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of any State of the United States providing for the acquisition of personal property under conditional sale contract. (8) Negotiable promissory notes given for full value and for the sole purpose of evidencing or extending the time of payment for the price of goods, wares, or merchandise purchased by the issuer of such notes in the ordinary course of business, and commercial paper or other evidence of indebtedness running not more than twelve months from the date of issue. (9) Subscriptions to the capital stock of any company incorporated or to be incorporated under the laws of this State where no commission or other remuneration is paid for disposition of such securities. Securities in Class A and the sale thereof shall not be subject to the provisions of this Act. This Act not applied to Class A. Sec. 9. Securities in Class B shall comprise: Class B defined. (1) Those sold by the owner for the owner's account exclusively, when not made in the course of continued and repeated transactions of a similar nature. (2) Increased capital stock of a corporation sold or distributed by it among its stockholders without the payment of any commission or expense to solicitors, agents, or broker, in connection with the distribution thereof. (3) Those sold by or to any bank, trust company or insurance company or association of this State or of the United States, doing business in this State under the supervision of the State Bank Superintendent or Insurance Commissioner; or by or to any building and loan association organized and donig business under the laws of this State, or any public sinking fund trustees; or to any corporation or any dealer or broker in securities. (4) Those sold or offered for sale at any judicial, executor's or administrator's sale, or at any sale by a

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receiver or trustees in insolvency or bankruptcy, or at a public sale or auction held at an advertised time and place. Securities in Class B, when disposed of by the persons and in the manner provided by this section, shall be subject to the provisions of this Act. Class B subject to this Act. Sec. 10. Securities in Class C shall comprise: Class C defined. Those issued by a person, corporation, firm, trust, partnership, or association owning a property, business or industry, which has been in continuous operation not less than two years and which has shown net profits, exclusive of all prior charges, as follows: (1) In the case of interest bearing securities not less than one and one-half times the annual interest charge upon all outstanding interest bearing obligations; (2) In the case of preferred stock not less than one and one-half times the annual dividend on such preferred stock; (3) In the case of common stock not less than three per cent. per annum upon such common stock. Sec. 11. Securities in Class C may be disposed of, sold, or offered for sale, upon compliance with the following conditions, and not otherwise: Conditions for sale of Class C. A statement shall be filed in the office of the Securities Commission: (1) Describing the evidences of indebtedness, preferred stock or common stock intended to be offered or sold; (2) Stating the law under which and the time when the issuer was organized; (3) Giving a detailed statement of the assets and liabilities of such issues, and income or profit and loss statement, and giving an analysis of surplus account;

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(4) Giving the names and addresses of its principal officers and trustees; (5) Giving pertinent and necessary facts and data and information establishing that the securities to be offered are securities in Class C. Such statement shall be accompanied by a filing fee of five ($5.00) dollars, and shall be verified by the oath of not less than two credible persons having knowledge of the facts. Fee. Oath. Sec. 12. All securities other than those falling within Classes A, B, and C, respectively, shall be known as securities in Class D. Class D. Sec. 13. No securities in Class D shall be sold or offered for sale until there shall have been filed in the office of the Commission, statements and documents as follows: Conditions for sale of Class D. (1) A description and amount of the securities intended to be offered for sale; (2) If the insurer is a corporation, a certified copy of the charter or articles of incorporation and by-laws; (3) If the issuer is a firm, trust, partnership, or unincorporated association, a copy of the articles of partnership, association or trust agreement; (4) The names, addresses and prior occupations during a period of not less than eight years prior to filing such statement (giving details as to time, place and address of employer, and reasons for discontinuance of employment) of the officers, directors, or trustees of the issuer, if it be a corporation, or of the persons composing the issuer, if the issuer be a non-incorporated association, together with the names and addresses of all agents or salesmen designated to represent the issuer in this State;

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(5) Location of the issuer's principal office and of his principal office in this State, if any; (6) A description of the nature of the industry engaged in or intended to engage in and the approximate time when such industry was or will be established; (7) An inventory and appraisement of the assets of the issuer; (8) A statement in detail of the gross income of the issuer and the source or sources thereof and of its operating and other expenses for a period of twelve (12) months prior to the date of filing such statement, or for the period of the existence of the issuer if less than two (2) years prior to the date of filing; (9) A copy of the most recent balance sheet of the issuer, showing the financial condition of the issuer at a date not more than thirty (30) days prior to the date of filing, and giving an analysis of surplus account from inception of such issuer; (10) A copy of the mortgage, trust deed, indenture or writing securing these securities, or whereunder the same are issued, if any such instruments there be. (11) A copy of the form of the securities intended to be offered; (12) A copy of any and all subscription blanks to be used in the sale thereof. (13) A statement as to the manner in which the securities are to be offered and sold; (14) If the securities be intended to be offered and sold by the issuer through solicitors, agents or brokers, an irrevocable contract executed by each such solicitor, agent, or broker, authorized to offer or sell such securities by or on behalf of the issuer to the effect that the issuer will receive in cash not less than seventy-five (75) per cent of the proceeds of each sale of the securities

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without deduction for any commission or expenses, directly or indirectly, and without liability to pay any sum whatsoever as commission or expenses for any services in and about such sales; (15) If the securities shall have been or be intended to be sold to any dealer, solicitor, agent or broker and intended to be by such dealer, solicitor, agent or broker, sold to the public for their own account, a statement verified under oath, establishing that the price paid to the issuer was or will be without any fixed or contingent right in the issuer to demand or receive any additional sum on account of such securities or sale thereof; (16) Such other facts relative to such securities and the sale thereof as the Commission shall prescribe. Such statements and accounts shall be accompanied by a filing fee of five ($5.00) dollars, and shall be verified by the oath of not less than two of the officers of the issuer, if the issuer be a corporation, or by not less than two members of a firm, trust, partnership or association, if the issuer be not incorporated. The Commission may require further and additional verification under the oaths of other persons. Fee. Oath. Sec. 14. The applicant, if not a resident of, or was not organized under the laws of this State, shall at the same time, and before any license shall issue, file with the Commission a duly executed written instrument, irrevocable, consenting that any action brought against such applicant, arising out of and founded upon the sale or disposal of such securities by him or his agents may be brought in any county in the State where such securities were sold,; and shall at the same time, when the applicant is not a resident of, or was not organized under, the laws of this State, file with said Commission a written instrument as power of attorney, duly signed and sealed, appointing and authorizing some person, who shall be a resident of this State, to acknowledge or

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receive service of process, and upon whom process may be served, for and in behalf of such applicant, in all proceedings that may be instituted against such applicant in any Court of this State, or any Court of the United States in this State, and consentinng that service of process upon any agent or attorney appointed under the provisions of this section shall be taken and held to be as valid as if served upon applicant, and such instrument shall further provide that the authority of such attorney shall continue until revocation of his appointment is made by such applicant by filing a similar instrument with said Commissioner, whereby another person shall be appointed as such attorney. Action arising on sales. Non-resident. applicants. Attorney. If any attorney so appointed shall absent himself from this State, or his usual place of business or abode, as designated by the applicant, or shall secrete himself so that process may not be served upon him, or shall have become disqualified from any cause whatsoever, or shall die, the Commission shall immediately appoint an attorney for service for such applicant or licensee, of which appointment notice in writing shall be immediately given by the Commission to such appointee, and also be sent the applicant or licensee by registered mail, or to its general agent or manager, which appointment shall be as valid as if made by the applicant or licensee, and shall continue in force until such absent agent or attorney shall return and give to said Commission written notice thereof, or until the applicant or licensee shall have made another appointment in the manner above prescribed. Service of process as aforesaid, issued by any such Court as aforesaid, upon any such attorney appointed by the applicant or licensee, or by the Commission, shall be valid and binding, and be deemed personal service upon such applicant or licensee so long as it shall have any obligations or liabilities outstanding in this State, although such applicant or licensee may have withdrawn, been excluded from, or

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ceased to do business in this State. If any applicant shall fail, neglect or refuse to appoint and maintain within this State such attorney or agent, it shall forfeit the right to do or continue business in this State. Absence of attorney. Service of process. Sec. 15. If the Commission be satisfied of the good repute in business of such applicant and named agents, he shall upon the payment of an annual fee of fifty ($50.00) dollars, and an additional fee of five ($5.00) dollars for each agent named in the application, register the applicant as a licensed dealer in such securities, and issue to him a license containinng the name of the applicant and all such agents, renewable annually upon payment of such annual fee, unless revoked as herein provided. Pending a final disposition of such application the Commission may grant temporary permission to such applicant to transact business as a dealer under this Act. All such renewals shall be made as of the first day of January of each calendar year, upon proper application therefor, filed not less than twenty (20) nor more than sixty (60) days next preceding such date. Fees. License. Renewals. Sec. 16. Such license shall be taken out at the beginning of each calendar year, but it may be issued at any time for the remainder of such year, and in such case the annual fee shall be reduced four dollars for each expired month but in no case shall it be less than ten ($10.00) dollars. Upon the payment of a fee of five ($5.00) dollars for each specified agent not named in such license the same may, at any time, be amended or supplemented to include such agent. Upon the written request of such applicant, accompanied by a fee of two ($2.00) dollars such license shall be revoked as to any agent or agents of such applicant, and an amended license shall thereupon be issued to such applicant and his remaining agents, and thereafter the applicant shall not be bound by the acts of the agent whose license has been revoked. Time of taking license.

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Sec. 17. The printed license on a form to be prepared and furnished by the Securities Commission shall bear at the top in bold-face type the expression License for the Sale of Securities in Class C (or Class D, as the case may be) under the Georgia Securities law. Neither the State of Georgia nor the Securities Commission nor any officer of the State assumes any responsibility for any statement contained herein, nor recommends the securities described below. Form and contents of license. Said license shall also contain: (1) A full and complete description of the securities authorized to be sold thereby; Description. (2) The names and addresses of each and every dealer, broker, solicitor, agent or other person authorized to sell or offer for sale the securities therein described; Agents, etc. (3) Such information taken from the statements and documents filed with the Commission by the licensee, as will fully and clearly show the nature and character of the securities therein described; Nature of securities. (4) Such other and further statements and information as may be considered necessary or proper by the Commission. Further stateemnts. Sec. 18. The Commission may at any time revoke any license granted by it or refuse to renew the same, upon ascertaining that the licensee: Revocation of license causes. (1) Is of bad repute; (2) Has violated any provision of this Act; or, (3) Has engaged in or is about to engage in, under favor of such license, illegitimate business or fraudulent transactions. No dealer whose license has been revoked shall be re-licensed within six (6) months from the date of such revocation. Relicensing.

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The Commission shall at once lay before the Solicitor-General of the proper county any evidence which shall come to its knowledge of the violation of the provisions of this Act, and it shall be the duty of such Solicitor-General to prosecute diligently any person or persons named in the information furnished by the Commission. Violation. Prosecution. Sec. 19. At least five (5) days before revoking or refusing to grant or renew a license, the Commission shall send by registered mail to the licensee or applicant, at the address named in the application, written notice of its intention so to do, specifying therein the reason for such revocation or refusal and giving such applicant an opportunity to be heard in his or its own behalf. Notice before revocation. Sec. 20. Anyone whose license shall be refused or revoked, or to whom a renewal of license may be denied, may file, within thirty (30) days thereafter, in the Superior Court of Fulton County, a peptition against the Commission officially as defendant, alleging therein, in detail, the petitioner's qualifications to be licensed and praying for a reversal of the official action complained of. Upon service of summons upon said Commission, returnable within ten (10) days from its date, but otherwise made as in civil actions, it shall file an answer in which it shall allege by the way of defense the grounds previously assigned in its notice to such applicant or licensee, and such other grounds as shall, in the meantime, accrue or be discovered. All allegations of the answer shall be deemed to stand denied without further pleadings, and upon application of either party, the cause shall be advanced and heard without delay. The Court's decision shall consult only the rights of the plaintiff and the protection of the public, and the Commission shall prosecute no proceedings to obtain a reversal, modification or vacation of the judgment rendered in favor of the plaintiff and in such event shall

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forthwith issue the license applied for. A judgment sustaining the refusal of the Commission to grant or renew a license shall not bar after sixty (60) days a new application by plaintiff for a license, nor shall a judgment in favor of the plaintiff prevent the Commission from thereafter revoking such license for any proper cause which may thereafter accrue or be discovered. The Commission shall in such Court proceedings be represented by the Attorney-General. Petition to reverse action of commission. Judgment. Representation. Sec. 21. If the applicant's statement as to securities in Class D shall disclose that any of such securities shall have been or shall be intended to be issued for any patent right, copyright, trade mark, process or good will, or for promotion fees or expenses, or for other intangible assets, the amount and nature thereof, shall be fully set forth, and securities issued in payment of such patent rights, copyrights, trade mark, process or good will or for promotion fees or expenses or for other intangible assets, shall be delivered in escrow to such bank or trust company as shall be designated by the Commission under the escrow agreement that the owners of such securities shall in case of dissolution or insolvency not participate in the assets of the corporation until after the owners of all other securities have been paid in full. Such escrow agreements shall remain in full force until the securities of the issuer thereof are qualified under Class C hereof. Escrow agreements. Sec. 22. So long as any security is sold or offered for sale under the provisions of this Act, such persons, the issuer, either solicitor or broker, shall on or before the expiration of each six (6) month period from the date of filing the original statements and documents, and oftener if required by the Commission, file new or supplemental statements disclosing: Supplemental statements. (1) The amount of securities sold, the names and addresses of the parties to whom the same were sold,

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the sale price thereof, and the amount of cash proceeds received therefor by the issuer; Amount sold, buyers, price, etc. (2) All changes in the financial condition of the issuer or in its management or property, accompanied by a copy of the most recent balance sheet of the issuer showing the financial condition of the issuer at a date not more than thirty (30) days prior to the date of such filing, and such other facts as the Commission may require. Change of financial conditional. Such supplemental statement shall be verified in the same manner as the original statement; and upon failure or refusal to file such statement the Commission may revoke the license issued by it. Verification. Sec. 23. Each financial statement, prospectus, advertisement, circular and document circulated, published, exhibited or distributed, for the purpose of effecting sales of securities in Class D shall contain the words in bold faced type, Securities in Class `D' under Georgia Securities Law. These are speculative securities. But it shall be unlawful to make any other reference in any such matter to the fact that the issuer, solicitor, agent or broker has complied with the provisions of this Act. All such statements, prospectuses, advertisements, circulars, and documents, shall also contain a statement of the assets, liabilities, income and expenses of the issuer, the law under which the issuer was incorporated or organized, and the names and addresses of all officers, directors, or trustees of the issuer or of the owner of the property constituting the basis of the issue of such securities. A copy of each such financial statement, prospectus, advertisement, circular, and document, so circulated, published, exhibited or distributed shall be filed in the office of the Commission within five (5) days after the first circulation, publication, exhibition or distribution thereof. Contents of statements, etc. Sec. 24. No person or company, unless licensed in the manner and under the conditions applicable thereto,

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heretofore provided for dealers in securities, coming within the provisions of this Act, shall within this State deal in any interest in real estate not located in Georgia, less than a freehold interest. Real estate not located in Georgia. This section shall apply where the title to such property is held in the name of a trustee for any corporation or for any such described person or company, but it shall not be deemed to prohibit the disposal by any owner of his own property in good faith and not for the purpose of avoiding the provisions of this Act where the transaction is not one of repeated transactions of a similar nature performed as part of the business of dealing in real estate leases. Sec. 25. The Commission shall have power to make or cause to be made such examinations of the issuer of securities within the provisions of this Act, or of the property named in the next preceding section, at any time, both before and after the issuance of a dealer's license, as it may deem advisable. When in the discretion of the Commission all or any part of the expense of such examination should be paid by the applicant, such applicant shall deposit with the Commission such sum of money as the Commission may order, out of which said sum the Commission shall pay such portions of the expense of such examinations as it determines said applicant should pay. The Commission shall render to the applicant an itemized statement of the expenditure and a proper record thereof shall be kept. Examinations of issuer of securities. Expense. Sec. 26. In addition to the liability now imposed by law, any person, company, association, co-partnership or corporation that by written or printed letter, circular, prospectus, statement, advertisement or document of any kind, shall offer for subscription or purchase any security, or receive the profit accruing from the disposal of securities so advertised shall be liable to any person, who on the faith of such letter, circular,

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prospectus, statement, advertisement or document, acquires such security, for the loss or damage sustained by him by reason of any untrue statement contained therein, unless such person, company, association, co-partnership or corporation shall establish that he or it has no knowledge or notice of the publication of such advertisement prior to the transaction complained of, or had just and reasonable grounds to believe the statement thereof to be true. Whenever any corporation shall be so liable, the directors thereof shall also be under like limitations jointly and severally liable. Any such director, upon the payment of a judgment so obtained against him, shall be subrogated to the rights of the plaintiff against such corporation and shall have the right of contribution for the payment of such judgment under like limitations against any of his fellow directors. Lack of reasonable diligence to ascertain the facts of such publications or the falsity of any statement therein contained, shall be deemed to be knowledge of such publication and of the falsity of any untrue statement thereof. Any action based upon the liability hereby imposed, shall be brought within two (2) years after the acquisition of the security by any person so damaged or after payment of the judgment for which contribution is sought. Additional liabilities. Action on liability. Sec. 27. The Securities Commission shall, either by one of its members, or by such person or persons as it may appoint for the purpose, at least once a year, and oftener if it deems it advisable, investigate the business and affairs of every licensee, and for that purpose shall have free access to the vaults, books and papers thereof, and other sources of information with regard to the business of such licensee and whether it has been transacted in accordance with this Act. Said Commission, each member thereof, and every examiner appointed by it, shall have authority to examine, under oath or affirmation, any person whose testimony may

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relate to the business of any such licensee or alleged violator herein. Investigation of business. Sec. 28. The Securities Commission shall have an official seal upon which shall be engraved the words: Securities Commission of Georgia, and in addition thereto such design as the Commission may prescribe. The Commission may prescribe and furnish forms for all statements and documents and summaries required by this Act to be filed in its office and such statements, documents and summaries shall follow substantially the forms so prescribed. All statements and documents and all other matters filed in the office of the Commission under the provisions of this Act shall at all proper hours be available for public inspection. Seal of- commission. The Commission shall, on or before the first day of June of each year and as often in addition thereto as it may be required, furnish the Governor a complete report of the administration of its office, giving a detailed account of the number of applicants licensed and rejected, of all fees collected by it together with a sworn itemized statement of the expenditures of the Commission. Report. Sec. 29. Any dealer, solicitor, agent of a dealer, or other person who shall sell, offer for sale, invite offers for inquiries about securities coming within Classes C and D as defined by this Act, or who shall file with the Commission any false or misleading statements in reference to such classes of securities, with an intent to defraud, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished in accordance with Section 1065 of the Penal Code of Georgia, 1910. Every sale or contract of sale made by a dealer or his agent, or other person, coming within the provisions of this Act, who has not first secured a license from the Securities Commission, or whose license has been revoked or has expired, shall be void and may be

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rescinded by the purchaser within one year, but not thereafter. Violation. Penalty. This Act shall not apply to those corporations which have, in good faith, qualified and are now engaged in the sale of its securities under existing laws until the full amount of its securities it was authorized to sell under its original permit from the Secretary of State are sold. Provided, said corporations file with said Securities Commission on or before January 1, 1921, a written statement that it intends to avail itself of this provision and pays the fees as provided in this Act. Said Commission shall thereupon issue to said corporation a license or permit in the terms of its original permit issued by the Secretary of State. No corporation which received its original permit more than two years prior to January 1, 1921, shall be exempted from the operation of this Act. This Act not applied to certain corporations. Sec. 30. Nothing in this Act shall be construed to relieve corporations from making the annual registration now required by law to be made to the Secretary of State or paying the fee required for the filing of such report. This Act shall not be construed to repeal any law now in force regulating the organization of corporations in this State or the admission of any foreign corporation, but the provisions of this Act shall be construed to be additional to any provision regulating the organization of a corporation under the laws of Georgia, or the admission of a foreign corporation to do business in this State. No relief from registration and fee. Foreign corporations. Sec. 31. That for each copy of license issued by said Commission, other than original, said Commission shall be paid the sum of five ($5.00) dollars by the applicant therefor, and each such copy shall be certified as such by the Chairman of said Commission. Fee for copies of license. Sec. 32. That each and every dealer, broker, solicitor, agent or other person selling or offering for

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sale any of the securities coming within the provisions of this Act shall before selling or offering for sale any of such securities obtain a certified copy of the license issued by the Commission authorizing the sale of such securities, which certified copy shall contain the name and address of such dealer, broker, solicitor, agent or other person, and such dealer, broker, solicitor, agent or other person shall before selling or offering for sale any such securities, produce and exhibit to any and every prospective purchaser such certified copy of license. Certified copy of license. Sec. 33. Any person who shall knowingly make any false statement of fact or matter of information required by this Act to be filed with the Commissioner, or in any advertisement, prospectus, letter, circular, or other document, containing an offer to dispose of or solicitation to purchase, or commendatory matter concerning such securities or real estate, or any interest therein with intent to aid in the disposition of the same, shall be guilty of a misemeanor, and upon conviction therefor, shall be punished as prescribed by Section 1065 of the Penal Code, 1910, of Georgia. Proof that any such false statement was made or published shall be prima facie proof that the same was knowingly made. False statements. Penalty. Sec. 34. It shall be unlawful for any agent, broker, solicitor, officer, director, or other person to sell or offer for sale any securities in Class D as described in this Act, in any other manner or form than as specifically set forth in this Act, and any offer or sale upon any other terms or conditions other than as set forth in this Act shall be prima facie evidence that such agent, broker, solicitor, officer, director, or other person, offered or sold such securities for the purpose of defrauding the purchaser to whom such securities were offered or sold. Manner of selling class D securities. Sec. 35. Every sale and contract of sale made in violation of any of the provisions of this Act shall be

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void at the instance of the purchaser at any time within twelve (12) months from the date of such purchase, or contract of purchase; and the seller of the securities so sold in violation of any of the provisions of this Act, and each and every solicitor, agent or broker, of or for such seller, who shall have knowingly performed any act or in any way furthered such sale, shall be jointly and severally liable, upon tender to the seller or in Court of the securities sold, to the purchaser for the amount paid, together with his reasonable attorney's fees in any action brought to recover such amount. Unlawful sales. Sec. 36. Any issuer, dealer, broker, solicitor, agent, or other person who shall sell or offer for sale any securities coming within Classes C and D as defined in this Act, without having first obtained a license so to do, in accordance with the terms and provisions of this Act, shall be guilty of a misdemeanor and upon conviction therefor, shall be punished as prescribed by Section 1065 of the Penal Code of Georgia, 1910. Selling without license. Sec. 37. Any issuer, dealer, broker, solicitor, agent or other person who shall sell or offer for sale any securities coming within Classes C and D, as defined in this Act, after its or his license so to do has been revoked or not renewed, shall be guilty of a misdemeanor and upon conviction therefor, shall be punished as prescribed by Section 1065 of the Penal Code of Georgia, 1910. Selling with license revoked. Sec. 38. Should any Court of this State declare any section or clause of this Act unconstitutional or invalid for any cause or reason, then such decision shall effect only that section or clause so declared to be unconstitutional or invalid, and shall not affect any other section, clause or part of this Act. Unconstitutional sections of this Act. Sec. 39. This Act shall be in force and effect from and after its passage and approval, and the Secretary of State shall be required and is hereby directed to

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deliver to the Securities Commission as soon as it shall have been formally organized, all fees collected by him and held in his office under the provision of the Act approved August 19, 1913, known as the Georgia Blue Sky Law. All receipts given by him or his predecessors in office to dealers in securities under provision of the aforesaid Act shall expire on and not until January 1st, 1921; and all dealers in securities under Classes C and D must qualify and be licensed under the provisions of this Act. Effective on approval. Fees under Act of 1913. Sec. 40. Be it further enacted by 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, 1920. SHERIFFS; MILEAGE ADDED TO FEES. No. 793. An Act to allow sheriffs of counties having a population of not less than 18,450 nor more than 18,500 according to United States census, 1910, to collect mileage in addition to other fees now allowed by law, for the nearest distance traveled in bringing prisoners from jail from the place in the county of their apprehension or arrest. Section 1. 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 sheriffs of this State in counties having a population of not less than 18,450, nor more than 18,500, according to the United States census of 1910, shall be entitled in addition to other fees or cost now allowed them by law, to a mileage fee of ten (10) cents per mile traveled by the nearest route from the point in the county to the jail of the county for all persons

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apprehended, suspected of, or arrested by them and brought to the jail of the county. Such mileage fees shall be taxed as cost and collected as other fees and cost in criminal cases are now taxed and collected. Certain counties; 10 cents a mile added. Sec. 2. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. SHORTHAND WRITERS OF SUPREME COURT AND COURT OF APPEALS; SALARIES FIXED. No. 612. An Act to fix the salaries of the shorthand writers of the Supreme Court and of the Court of Appeals, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the shorthand writers of the Supreme Court and of the Court of Appeals shall each receive for his services a salary of three thousand dollars per annum, payable on warrants from the Governor to the State Treasurer. Salaries fixed. Sec. 2. Be it further enacted by said authority, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1920.

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STANDARD TIME LAW REPEALED. No. 596. An Act to amend an Act approved August , 1919, fixing and adopting a standard time for the State of Georgia. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the Act approved on August 19th, 1919, fixing, regulating and adopting a standard time for the State of Georgia be and the same is hereby repealed. Act of 1919 repealed. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 10, 1920. STATE FARM OFFICERS' SALARIES. No. 634. An Act to fix the salaries of the superitnendent, warden, physician and bookkeeper at the State Farm. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That the Prison Commission of Georgia are authorized to pay salaries as follows to the officers and employees at the State Farm: Superintendent, physician and warden, $1,800 per year each; and bookkeeper, $1,500 per year. Salaries fixed. Sec. 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 16, 1920.

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STENOGRAPHIC REPORTERS, SALARIES OF IN CERTAIN JUDICIAL CIRCUITS. No. 448. An Act to regulate the salaries of stenographic reporters of all Judicial Circuits of this State, having, or that may hereafter have, therein, a city with a population of not less than 52,600, nor more than 75,000 inhabitants according to Federal census of 1920, 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 compensation of any and all stenographic reporters of all Judicial Circuits of this State which are now, or which may be established, having therein a city with a population of not less than 52,600 nor more than 75,000 inhabitants, according to Federal census of 1920, shall be the sum of three hundred dollars per month, to be paid monthly out of the county treasury as other Court expenses are paid; and which compensation shall be in full for his or their reporting and transcribing such criminal cases as are now required by law to be reported. Salaries; amount, manner of payment. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1920. STENOGRAPHIC REPORTERS, SALARIES OF, IN CERTAIN CIRCUITS. No. 614. An Act to amend an Act approved July 30th, 1920, to regulate the salaries of stenographic reporters of all Judicial Circuits of this State having, or that may

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hereafter have, therein a city with a population of not less than 52,600, nor more than 75,000 inhabitants, according to Federal census of 1920, and for other purposes, by inserting the words of the Superior Courts between the words Circuits and the word of in Section 1, by inserting the word hereafter between the word may and the word be in Section 1; by inserting the words of the county in which such city is located between the word treasury and the word as; by inserting the words for and in the county in which such city is located between the word cases and the word as in Section 1; and by adding the words and in other counties of said Circuit such stenographic reporter, or reporters, shall receive compensation as now provided by law at the end of Section 1 after the word reported; and for 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 July 30th, 1920, entitled An Act to regulate the salaries of stenographic reporters of all Judicial Circuits of this State having, or that may hereafter have, therein a city with a population of not less than 52,600, nor more than 75,000 inhabitants, according to Federal census of 1920, and for other purposes, be and the same is hereby amended in the following particulars, to-wit: Act of 1920 amended. By inserting the words of the Superior Courts between the word Circuits and the word of in Section 1 of said Act; By inserting the word hereafter between the word may and the word be in Section 1 of said Act; By inserting the words of the county in which such city is located between the word treasury and the word as in Section 1 of said Act;

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By inserting the words for and in the county in which such city is located between the word cases and the word as in Section 1 of said Act; By adding the words and in the other counties of said Circuit such stenographic reporter, or reporters, shall receive compensation as now provided by law at the end of Section 1 of said Act after the word reported, So that when and as amended in the above mentioned particulars said Section 1 of said Act approved July 30th, 1920, shall read as follows, to-wit: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the compensation of any and all stenographic reporters of all Judicial Circuits of the Superior Courts of this State, which are now, or which may hereafter be established, having therein a city with a population of not less than 52,600, nor more than 75,000 inhabitants, according to Federal census of 1920, shall be the sum of three hundred dollars per month, to be paid monthly out of the county treasury of the county in which such city is located as other Court expenses are paid, and which compensation shall be in full for his, or their, reporting and transcribing such cases for and in the county in which such city is located as are now required by law to be reported, and in the other counties of said Circuit such stenographic reporter or reporters shall receive compensation as now provided by law. To be read. Salaries fixed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1920.

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TRANSFER OF CRIMINAL CASES FROM CITY COURTS TO SUPERIOR COURTS. No. 810. An Act to provide for the transfer of certain criminal cases from the City Courts of this State to the Superior Courts of the Circuit in which such City Courts are located and for other purposes. Section 1. Be it enacted by the General Assembly of this State and it is hereby enacted by the authority of the same, That from and after the passage of this Act that it shall be lawful for the several Judges of the City Courts of this State on the call of any criminal case in said Courts, in which the presiding Judge is disqualified, to pass an order transferring such case to the Superior Court of the county in which such City Court is located for trial; and when such case is so transferred the same shall be tried in such Superior Court as though it had originated therein. Cases transferred. 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 17, 1920. UNIVERSITY OF GEORGIA TRUSTEES. No. 780. An Act to repeal an Act approved August 5th, 1910, to authorize the Chairman of the Board of Trustees of the University of Georgia, upon the passage of this Act and biennially thereafter to designate and appoint not exceeding three members from said Board of Trustees upon each of the Boards of the branch colleges of the University of Georgia, to-wit: The Georgia State College of Agriculture, the Georgia

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School of Technology, the State Normal School, the Georgia Normal and Industrial College, the North Georgia Agricultural College at Dahlonega, the Georgia State Industrial College for Colored Youths; and when so designated, said trustees shall be exofficio members of the several and respective boards and during the term of their appointment and until their successors are designated and qualified, shall be clothed with all the powers, rights and duties pertaining and incident to said trust. Insofar as the same applies to the Georgia Normal and Industrial College at Milledgeville, but such repeal shall not affect or apply to any other branch college but said Act of 1910 shall remain of force as to them; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Act approved August 5th, 1910, pages 74 and 75, Acts of 1910, empowering the Chairman of the Board of Trustees of the University of Georgia upon the passage of this Act, and biennially thereafter, be, and he is, hereby authorized and empowered to designate and appoint not exceeding three members from said Board of Trustees upon each of the boards of the branch colleges of the University of Georgia, to-wit: The Georgia State College of Agriculture, the Georgia School of Technology, the State Normal School, the Georgia Normal and Industrial College, the North Georgia Agricultural College at Dahlonega, the Georgia Industrial College for Colored Youths; and when so designated and appointed, said Trustees shall be ex-officio members of the several and respective Boards, and during the term of their appointment and until their successors are designated and qualified, shall be clothed with all the rights, powers and duties pertaining or incident to said trust be, and the same is hereby repealed. In so far as the same

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affects the Georgia Normal and Industrial College at Milledgeville, but such repeal shall not affect or apply to any other branch college and the said Act shall apply to and stand of force as to all other branch colleges and the same shall not be repealed as to them. Trustees of branch colleges. 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 is hereby repealed. Approved August 17, 1920. VOCATIONAL REHABILITATION OF DISABLED PERSONS. No. 725. An Act to provide for the acceptance of the benefits of an Act passed by the Senate and House of Representatives of the United States of America in Congress assembled to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise; to provide for compliance with all the requirements of such Act, to provide for the appointment of a Custodian of Moneys received by the State from appropriations made by the Congress of the United States for the purpose stated; to empower and direct the State Board for Vocational Education to co-operate with the Federal Board for Vocational Education in carrying out the provisions of said Act; and to prescribe its powers and duties; to provide for a plan of co-operation between such State Board and any State Workmen's Compensation Board authorized by the General Assembly; to make appropriations to provide for the vocational rehabilitation of persons disabled in industry or otherwise; 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 State of Georgia does hereby accept the provision of the Act of Congress, entitled An Act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employments, approved June 2, 1920 (Public 236, 66th Congress), and will observe and comply with all the requirements of such Act. Provision of Act of Congress accepted. Sec. 2. Be it further enacted, That the State Treasurer is hereby designated and appointed Custodian of all moneys received by the State from appropriations made by the Congress of the United States for the vocational rehabilitation of persons disabled in industry, or otherwise, and is authorized to receive and provide for the proper custody of the same and to make disbursement therefrom upon the requisition of the State Board for Vocational Education. Money for vocational rehabilitation. Sec. 3. Be it further enacted, That the Board heretofore designated or created as the State Board for Vocational Education to co-operate with the Federal Board for Vocational Education in the administration of the provisions of the Vocational Education Act, approved February 23, 1917, is hereby designated as the State Board for the purpose of co-operating with the said Federal Board in carrying out the provisions and purposes of said Federal Act providing for the vocational rehabilitation of persons disabled in industry or otherwise and empowered and directed to co-operate with said Federal Board in the administration of said Act of Congress; to administer any legislation pursuant thereto enacted by the State of Georgia; to prescribe and provide such courses of vocational training as may be necessary for the vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment; to provide for the supervision of such

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training, and to direct the disbursement and administer the use of all funds provided by the Federal Government of this State for the vocational rehabilitation of such persons; and to do all things necessary to insure the vocational rehabilitation of persons within the State disabled in industry or otherwise. State Board. Duties. Sec. 4. Be it further enacted, That the State Board for Vocational Education is hereby authorized and empowered to receive such gifts and donations from either public or private sources as may be offered unconditionally or under such conditions related to the vocational rehabilitation of persons disabled in industry or otherwise as in the judgment of the said State Board are proper and consistent with the provisions of this Act. All the monies received as gifts or donations shall be deposited in the State Treasury and shall constitute a permanent fund to be called the Special Fund for the Vocational Rehabilitation of Disabled Persons to be used by the said Board in carrying out the provisions of this Act, or for purposes related thereto. A full report of all gifts and donations offered and accepted, together with the names of the donors and the respective amounts contributed by each, and all disbursements therefrom shall be submitted annually to the Governor of the State by said State Board. Gifts and donations. Sec. 5. Be it further enacted, That there shall be appropriated for the purpose of carrying out the provisions of this Act a sum of money available for each fiscal year not less than the maximum sum which may be allotted to the State under the provisions of the said Federal Act, and that there is hereby appropriated for such purposes out of the monies in the Treasury not otherwise appropriated for the fiscal year ending July 1, 1921, the sum of $21,353.29, or so much of this sum as may be used. Annual appropriation.

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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 16, 1920. WAREHOUSE COMMISSIONER DESIGNATED. No. 788. An Act to amend an Act to create a Warehouse Department for the State of Georgia; to provide for uniform negotiable receipts; to provide for the handling and marketing of cotton, 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 creating a Warehouse Department for the State of Georgia and for other purposes as recited in the caption of this Act as having been passed by the General Assembly of Georgia in 1918, and to become effective December 1, 1918, shall be amended as follows: By striking out all provisions of said Act affecting the creation and selection of the State Warehouse Commissioner and the State Warehouse Commissioner and substituting therefor the following: That the Director of the State Bureau of Markets shall be the State Warehouse Commissioner and that he is hereby fully empowered to do any and all of the things that the State Warehouse Commissioners were authorized to do under the original Act. Act of 1918 amended. Director of the State Bureau of Markets designated. 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, 1920.

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WOMEN ADMITTED TO SCHOOL OF COMMERCE OF GEORGIA SCHOOL OF TECHNOLOGY. No. 515. An Act to authorize the admission of women in the School of Commerce of the Georgia School of Technology which is not located on the campus. Section 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 lawful to admit women in the School of Commerce of the Georgia School of Technology at the branch thereof which is not located on the campus and to confer degrees upon them under the regulations to be adopted by the Local Board of Trustees. Admission of women. 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, 1920.

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

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TITLE I. City, County, and Municipal Courts. ACTS. Adel City Court, Election to Establish. Elberton City Court, election to establish. Albany City Court Judge's salary. Americus City Court Judge's salary. Atlanta City Court Judge's salary. Atlanta Municipal Court costs. Atlanta Municipal Court officers' salaries. Bainbridge City Court Judge's salary. Blackshear City Court Acts amended. Blackshear City Court Acts amended. Blakely City Court jurors, and salaries. Bryan County Court abolished. Camilla City Court fees. Camilla City Court Judge's salary. Cartersville City Court Judge's salary. Columbus Municipal Court salaries. Darien City Court abolished. Dublin City Court salaries. Eastman City Court Judge's salary. Elberton City Court Solicitor's appointment. Floyd County City Court Solicitor's fees. Fort Gaines City Court Judge's salary. Fort Gaines City Court Judge's salary. Griffin City Court salaries. H'nesville City Court Judge's salary. Jefferson City Court salaries and fees. Jeffersonville City Court, election to establish. Louisville City Court Acts amended. Macon City Court Deputy Clerk's salary. Madison City Court Act amended. Metter City Court established. Millen City Court Act amended. Morgan City Court salaries, and terms. Nashville City Court salaries, and fees. Pelham City Court officers' fees. Richmond County City Court Judge's salary. Savannah City Court laws amended. Savannah Municipal Court salaries. Soperton City Court juries, and salaries. Sylvester City Court Act amended. Thomson City Court established. Valdosta City Court salaries. Washington City Court; referendum as to demand for indictment. Waycross City Court Judge's salary. Wrightsville City Court Judge's salary.

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ADEL CITY COURT, ELECTION TO ESTABLISH. No. 395. An Act to establish the City Court of Adel, in and for the County of Cook; to define its jurisdiction and powers; to provide for the election of a Judge and Solicitor and other officers thereof; to define their powers and duties; to provide for pleadings and practice, and new trials in said Court, and writ of error therefrom; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the City Court of Adel, to be located in the County of Cook, shall be established and created with civil and criminal jurisdiction over the whole County of Cook. Said Court to be held in the City of Adel, State of Georgia. Court established. Sec. 2. Be it further enacted, That the said City Court of Adel shall have jurisdiction to try and dispose of all cases of whatever nature, except over which exclusive jurisdiction is vested in other Courts, wherein the principal sum involved or sued for is fifty dollars or more, provided, however, this provision shall not apply in cases over which the Justice Court has no jurisdiction. Jurisdiction. Sec. 3. Be it further enacted, That said City Court of Adel shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the County of Cook where the offender, under the punishment prescribed by law, is not subject to loss of life or confinement in the penitentiary. Criminal cases. Sec. 4. Be it further enacted, That there shall be a Judge of said City Court of Adel: That said first Judge of said Court shall be elected by the qualified voters of said county, at an election to be held for said purpose on the same day as the primary election for State

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officers, which shall be held on the second Wednesday in September, 1920, whose term of office will expire on the first day of January, 1923, and until his successor is elected and qualified. His successor as Judge of said Court shall be elected by the qualified voters of Cook County at the regular election to be held on the Tuesday after the first Monday in November, 1922, or at such time as the regular election for State officers is held in said year 1922, and once every two years thereafter, whose term of office shall be for two years, and all vacancies in the office of Judge of said Court shall be filled by appointment of and commissioned by the Governor of said State, whose term shall be for the remainder of the unexpired term. Judge. Election. Term of office. Sec. 5. Be it further enacted, That the Judge of the said City Court of Adel shall receive a salary of twelve hundred dollars ($1,200.00) per annum, and shall be paid monthly out of the treasury of the County of Cook. Salary. Sec. 6. Be it further enacted, That any person who shall be elected or appointed to fill a vacancy as Judge of said Court must at the time of such election, or appointment, have resided in the County of Cook at least one year prior to the date of such election or appointment, or must have been a bona fide residen of said county on the first day of June 1920, must be at least twenty-five (25) years of age, and must be a regularly licensed attorney at law under the laws of Georgia and before entering upon the discharge of his duties as such Judge, he shall take and subscribe the following oath: I solemnly swear that I will administer justice without respect of person and do equal rights to all, and that I will faithfully and impartially perform all the duties that may be required of me as Judge of the City Court of Adel, according to the best of my ability and understanding, and that I will support the Constitution and laws of the State of Georgia, and of the United States, so help me God, and said oath shall be administered by the Ordinary of Cook County, and by him

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forwarded to the Governor and filed in the Executive Department, and that the commission of said Judge, whether elected or appointed to fill the vacancy, shall be issued by the Governor of Georgia. Vacancies. Eligibility. Oath of office. Sec. 7. Be it further enacted, That the Judge of the City Court of Adel shall have the right to practice law in all the Courts except said City Court, and in any Appellate Court or writs of error from any Court except said City Court, and in any case in any Court not originating in said City Court. Privileges. Sec. 8. Be it further enacted, That there shall be a Solicitor of said City Court of Adel; that said first Solicitor of said Court shall be elected by the qualified voters of said county at an election to be held for said purpose, on the same day as the primary election for State officers, which shall be held on the second Wednesday in September, 1920, whose term of office shall expire on the first day of January, 1923, and until his successor is elected and qualified; his successor as Solicitor of said Court shall be elected by the qualified voters of Cook County at the regular election to be held on the Tuesday after the first Monday in November, 1922, or at such time as the regular election for State officers is held in said year 1922, and once every two years thereafter, whose term of office shall be for two years, and whose commission shall be issued by the Governor; all vacancies in the office of Solicitor of said City Court shall be filled by appointment of and commissioned by the Governor, whose term shall be for the remainder of the unexpired term. Solicitor. Election. Term. Vacancies. Sec. 9. Be it further enacted, That any person who shall be elected or appointed Solicitor of said City Court must at the time of such election or appointment have resided in the County of Cook at least one year prior to the date of such election or appointment, or must have been a bona fide resident of said county on the first day of June, 1920; must be at least twenty-one (21) years

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of age, and must be a regularly licensed attorney at law under the laws of Georgia: That the Solicitor shall receive a fee of ten dollars for each criminal case made by accusation and prosecuted to a conclusion in said Court, to be paid from the general funds of Cook County, except in cases nolle prossed by the approval of the Court he shall receive the sum of two and one-half dollars each. It shall be the duty of the Solicitor to represent the State in the Court of Appeals in all writs of error from said City Court of Adel, for which service he shall be paid out of the State Treasury the same sum paid Solicitors-General for similar services. Said Solicitors before entering upon their duties of said office, shall in addition to the oath of all civil officers, take and subscribe to 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 Adel, so help me God, and said oath shall be administered by the Ordinary of Cook County, or the Judge of said City Court of Adel. Eligibility. Fee. Duties. Oath of office. Sec. 10. Be it further enacted, That said Judge and Solicitor, before entering upon the duties of said offices, shall each give bond with good security in the sum of one thousand dollars, conditioned for the faithful discharge of the duties of his office, which said bond shall be payable to the Governor, shall be approved by the Ordinary of Cook County, and together with the oaths heretofore provided for, be entered on the minutes of the Court of Ordinary of said county, and may be sued upon by any person interested. If for any reason the said Solicitor shall fail, or be disqualified to act, the Court shall appoint a Solicitor pro tem. Bond. Solicitor pro tem. Sec. 11. Be it further enacted, That the Clerk of the Superior Court of Cook County shall be the Clerk of said City Court, that 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 provisions of this Act, shall be his duties as Clerk of the said City Court.

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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 less than five hundred dollars then his costs shall be as is now prescribed by law in County Courts; provided, further, that his costs in criminal cases made by accusation and prosecuted to a conclusion in said Court shall be three dollars in each case, except in cases ordered nolle prossed upon approval of the Court, in which event he shall receive one dollar in each case, such cost of the Clerk in criminal cases to be paid out of the general county fund. The Clerk shall execute a bond for the sum of one thousand dollars, payable to the Governor of said State, 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 of Adel, and entered on the minutes thereof, and which 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 of said Court. Compensation. Bond. Sec. 12. Be it further enacted, That the sheriff of Cook County shall, by virtue of his office, be sheriff of the City Court. Before entering upon the discharge of his duties as sheriff of said City Court he shall execute a bond with good security in the sum of three thousand dollars, payable to the Governor of said State, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the Judge of said City Court, and which may be sued upon by any person interested. In event the sheriff of Cook County shall fail to qualify as sheriff of the City Court the Judge of said City Court shall appoint a sheriff of said City Court. The sheriff of said City Court shall have power to appoint deputies as the business of said Court may require, said appointment or appointments to be approved by the Judge of said Court, who shall

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give such bonds as are required by deputy sheriffs of counties in said State. Such sheriffs shall receive such fees as the sheriffs of Cook County now or hereafter may be allowed, except in civil cases where the amount is less than five hundred dollars; then his fees 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 costs shall be three dollars for arrest in each case, and one dollar for taking bond in each case, such cost to be paid out of the general county fund. Sheriff. Bond. Deputies. Fees. Sec. 13. 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 by him paid into the general county fund of Cook County for proper disbursement. Fines and forfeitlers. Sec. 14. Be it further enacted, That the Judge of said City Court of Adel shall be empowered to exercise the same authority over the Clerk, sheriff and deputy sheriff of said Court as may be exercised by the Judge of the Superior Court over the Clerk, sheriff and deputy sheriff in the Superior Court of said State. Judge's authority. Sec. 15. Be it further enacted, That the Judge of the City Court of Adel shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders; to issue distress warrants; to issue attachments and garnishments and to hear the same; to attest deeds and other papers; to take affidavits and to issue any other writs, warrants, orders or processes, the power to issue which is not given exclusively to some other Court Judge or officer by the Constitution of this State; said Judge, Solicitor, Clerk, sheriff and his deputies shall have power to administer oaths and do all other official acts pertaining to their offices respectively, as the Judge and other officers of the Superior Court may in like cases do. Said Judge shall have power to issue writs of habeas corpus and determine the

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same as the Judge of the Superior Court may do; to cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction and generally to do all acts which the Judges of the County Courts of this State are authorized to do, unless otherwise provided in this Act, and said Judge of the City Court of Adel shall have all the power and authority throughout his jurisdiction of Judges of the Superior Courts of this State, except where by the Constitution exclusive power and authority is vested in the Superior Court Judges, and all laws relating to and governing Judges of the Superior Court shall apply to the Judge of said City Court, so far as the same may be applicable, except as hereinafter provided. Powers of Judge. Powers of officers. Sec. 16. Be it further enacted, That the regular jury terms of said City Court of Adel shall be on the second Monday in January, April, July and October, and in addition to the above sessions there shall be held terms for which no jury shall be drawn on the second Monday in February, March, May, June, August, September, November and December. The Judge of said Court shall have the power to hold said Court in session so long as in his judgment the same may be necessary and to hold the same open from day to day as he may see proper. Jury terms. Sec. 17. 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, except as herein provided; but the process to the writs shall be annexed by the Clerk of said Court, attested in the name of the Judge thereof, and be directed to and served by the sheriff of the said City Court of Adel, or his deputies, and all executions issuing from said Court shall be attested in the name of the Judge and signed by the Clerk and directed to the sheriff or his deputy of the City Court of Adel, and all and singular the sheriffs or their deputies of the State of Georgia. Procedure.

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Sec. 18. Be it further enacted, That in all matters pertaining to service, pleading and practice, and all other legal procedure, the laws governing in the Superior Courts shall be applicable to said City Court, unless otherwise provided in this Act. Procedure. Sec. 19. Be it further enacted, That the Judge of said City Court shall have power and authority to hear and determine all civil cases in which said Court has jurisdiction, and to give judgment therein without the intervention of a jury; provided, that upon the call of any case upon the issue docket either at the monthly or quarterly term either party shall have the right, orally or in writing, to demand a trial by a jury; when this demand has been made at the monthly term the Judge shall make an entry of same upon his docket, and the case shall stand continued to the next term thereafter for which a jury has been drawn at the monthly terms of said Court the Judge may hear and dispose of all demurrers and special pleas and render final judgment in cases in which no defense is filed on the call of the appearance docket, or such plea, or defense shall have been stricken by the Court; try and dispose of all cases, civil and criminal, ripe for trial, where a jury has not been demanded, and perform any and all judicial acts not inconsistent with the provisions of this Act. Powers of Judge. Civil cases. Trial by jury on demand. Sec. 20. Be it further enacted, That said Court shall have jurisdiction of all claim cases where personal property is levied on under process from said Court, which claim shall be tried in the same manner as claims in the Superior Court, except that the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases, as is practiced in the other Courts. Claim cases. Procedure. Sec. 21. Be it further enacted, That all the laws upon the subject of attachments and garnishments in the Superior Courts of this State shall apply to said City Court so far as the nature of said City Court will

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admit. The Judge of said Court, or any other officer authorized to issue attachments may issue attachments returnable to said City Court under the same laws that govern the issuance of attachments in Superior Court, and all attachments returnable to the City Court of Adel shall be directed to the sheriff or his deputy of the City Court of Adel, and to all and singular the sheriffs and constables of this State, and may be served by the sheriff of the said City Court or his deputy or any sheriff or constable or other officer authorized by law to levy attachments returnable to other Courts. Attachments and garnishments. Sec. 22. Be it further enacted, That the garnishment proceedings in said City Court shall be comportable to the laws on the subject applicable in the Superior Courts. Garnishment proceedings. Sec. 23. Be it further enacted, That all proceedings to make parties in any cause in said City Court shall conform to the laws on that subject in the Superior Courts. Parties in any cause. Sec. 24. 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, and all other legal procedure, examination of witnesses by interrogatories, depositions or otherwise, witnesses and their attendance, continuances, motion for new trial and all matter pertaining to pleadings and practice, and all matter of a judicial nature within the jurisdiction of said City Court, shall be applicable to said City Court, unless otherwise herein provided. Procedure. Sec. 25. Be it further enacted, That said City Court of Adel shall be a Court of record, and shall have a seal, and the minutes, dockets, records and other books and files that are required by law to be kept for the Superior Court shall be kept in and for said City Court, and in the same manner; and all laws applicable to the duties of the Clerk and sheriff of the Superior Court shall apply to them in the said City Court, except where they conflict with the provisions of this Act. Seal and records. Duties of clerk and sheriff.

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Sec. 26. Be it further enacted, That all laws regulating the enforcement of the judgments of the Superior Courts, whether civil or criminal, shall apply to said City Court and executions shall be issued and levied and sales be had thereunder under the same rules and laws regulating the same in the Superior Court unless otherwise provided in this Act. Sec. 27. Be it further enacted, That the Judge of the said City Court of Adel shall have the power to enforce his orders, preserve order, punish for contempt, and enforce all of his judgments in the same manner as the judges of the Superior Courts may do. Judge's orders. Contempt. Sec. 28. Be it further enacted, That the filing of all suits in the said City Court shall be as follows: For amounts of five hundred dollars and upwards, they shall be filed at least twenty days before the first day of the return time of said Court, and a copy served on the defendant at least fifteen days before the first day of return time; for amounts under five hundred dollars, they shall be filed at least fifteen days prior to the first day of the return term of said Court, to which they are made returnable, and a copy served on the defendant at least ten days before the first day of said Court. Filing of suits. Sec. 29. Be it further enacted, That the traverse jurors in the City Court of Adel shall be procured in the following manner: The Clerk of said City Court shall provide a City Court jury box, similar to the traverse jury box of the Superior Court, and shall write upon separate pieces of paper the names of each person upon the petit jury list of the Superior Court for said county, and shall place said names in the City Court jury box, from which shall be drawn jurors to serve in the said City Court. All laws with reference to the drawing and summoning and the impaneling of traverse jurors in the Superior Court shall apply to said City Court of Adel; provided, that the numberof jurors so

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drawn shall be thirty instead of thirty-six, as provided for in the Superior Court, and said City Court Judge shall have the power to summons talis jurors for said City Court that the Judges of the Superior Court have for the Superior Court; that from said thirty jurors so drawn the Judge shall have two panels of twelve each, made up and sworn to serve. Jurors in the said City Court shall receive each for each day's service as jurors the same amount as is allowed and fixed by the grand jury of said County of Cook, to be paid to jurors in the Superior Court of said county, and to be paid in the same manner and under the same rules and regulations as jurors in the Superior Court. Traverse jurors. Jury panels. Compensation. Sec. 30. Be it further enacted, That all the laws with reference to the disqualification, empaneling, challenging, fining or in anywise relating to jurors now in force, or hereafter to be enacted, regulating the same in the Superior Court shall apply to and be observed in said City Court, except when inconsistent with this Act. In all cases where issues are to be tried by a jury, the parties shall be entitled to twenty-four jurors from which to strike. In all civil cases each party shall be entitled to six peremptory challenges, and in criminal cases the defendant to seven peremptory challenges and the State five, and all laws and rules governing the selection of jurors in the Superior Court shall apply to said City Court, unless otherwise provided. Qualifications of jurors. Selection. Sec. 31. Be it further enacted, That all civil cases pending in said City Court in which a jury trial shall be had in term time under the provisions of this Act, by a jury of twelve men. All civil cases in which no jury is demanded by either party shall be tried by the Court in term time under the provisions of this Act, by a jury of twelve men. All civil cases in which no jury is demanded by either party shall be tried by the Court in term time. All criminal cases shall be tried by the Court either in term time or in vacation, and said Court

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shall be open at all times for the trial of criminal cases. If at any time a defendant may demand a trial by jury, and no jury shall then be in attendance upon the Court, the Judge shall admit the defendant to bail, in the event bail is tendered, else remand him to jail, and said case shall stand for trial at the next succeeding term of said Court. Time of trials. Civil cases. Criminal cases. Bail. Sec. 32. Be it further enacted, That the defendant in criminal cases in said Court may be tried on written accusation, founded on affidavit, which accusation shall be signed by the prosecutor, the prosecuting officer of said county, or other person. No person charged with an offense in the jurisdiction of said Court shall have the right to demand an indictment by the grand jury of Cook County before trial. Trial on written accusation. Indictment. Sec. 33. Be it further enacted, That if after hearing the evidence on any trial, it shall appear to the Court that the offense is beyond the jurisdiction thereof, the trial shall be discontinued and the accused committed or bound over to the next term of the Superior Court of said county, according to the law of bail and commitment, and the proceeding shall be transmitted to the Superior Court. Discontinuance of trial. Sec. 34. Be it further enacted, That the Judge of the Superior Court of Cook County may transfer any or all indictments or presentments for misdemeanors to said City Court for trial, the order so transferring the same to be entered upon the minutes of both Courts. Transfer of indictments. Sec. 35. Be it further enacted, That the Judge of said City Court may, in his discretion, pass an order transferring to the Superior Court of Cook County for trial any criminal case in which said Judge may be disqualified, the order so transferring the same to be entered on the minutes of both Courts. Transfer of criminal cases. Sec. 36. Be it further enacted, That the Judge of said City Court shall have the power to appoint bailiffs

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at any term of the Courts that the Judges of the Superior Courts of said State have. Bailiffs. Sec. 37. Be it further enacted, That writ of error shall lie from the City Court of Adel to the Appellate Courts of this State upon bills of exceptions filed, under the same rules and regulations as govern and control the filing of bills of exceptions and the issue of writs of error in the Superior Courts of this State. Writs of error. Sec. 38. Be it further enacted, That the Judge of the City Court of Adel shall have power to grant new trials in all cases, civil and criminal, in said Court upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the Superior Courts. All rules of pleading, practice and procedure, governing motions for new trials in the Superior Courts, and bearing and determining thereof in vacation or in term time, shall apply to and govern the same in said City Court. New trials. Sec. 39. Be it further enacted, That the first term of said Court to which a case is brought shall be the appearance term, and the next term thereafter shall be the trial term, or judgment term, and all the laws, rules and practices in the Superior Courts with reference to the terms thereof shall apply to the City Court of Adel, unless otherwise provided in this Act; provided that in all civil cases in which there is no plea or defense filed, on the call of the appearance docket, or such plea or defense shall be stricken by the Court, a judgment may be rendered by the Court or a verdict taken, as the case may require, at said appearance term. Terms. Sec. 40. Be it further enacted, That when the Judge of said Court is, for any cause, disqualified from presiding in any case, and the Judge of the Superor Court shall fail to preside in said Court as provided in the Constitution of the State, or is not present when said case is called on the docket, then upon consent of parties

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or upon their failure or refusal to agree, said case shall be tried by a Judge pro hac vice, selected in the same manner as now provided for in the Superior Courts, or the Judge of any other Court of the same jurisdiction may preside and try such case or any other case in said Court. Judge's disqualification. Judge pro hac vic. Sec. 41. Be it further enacted, That the Ordinary or County Commissioners of Cook County, as the case may be, shall provide the necessary books for keeping the dockets, minutes and records of said City Court, and all stationery and books necessary to run said Court, and that said City Court shall be held in the court house of Cook County, or other such place in the City of Adel as the Superior Court of said county may be held. Dockets and minute books. Sec. 42. Be it further enacted, That the several Justices of the Peace in County of Cook, or other committing officers therein, in admitting defendants to bail in misdemeanor cases, shall make the same returnable to the City Court of Adel, to be tried on Monday of the next regular term of said City Court at ten o'clock A. M., and shall immediately forward such warrants or commitments, together with the bond, to the Clerk of the City Court of Adel. Bail in misdemeanor cases Sec. 43. Be it further enacted, That upon the failure of a defendant to appear and answer to any charge he may stand accused of in said City Court at the time named in said bond, said bond shall be forfeited under the same rules and regulations as bonds are now forfeited in the Superior Courts of said State, and the order of forfeiture and scire facias shall issue on the day of non-appearance or thereafter, and the fees of officers of said City Court in such cases shall be the same as allowed by law to officers of the Superior Courts for like services, and the subsequent proceedings shall be the same as now provided by law. Bonds, forfeiture of. Sec. 44. Be it further enacted, That for attending on said Court while in session, the sheriff and clerk

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shall each receive the sum of two dollars per day, for each day's actual service, provided, that the amount so received shall not exceed the sum of one hundred dollars to each during any one year. Sheriff and clerk; compensation. Sec. 45. Be it further enacted, That there may be a stenographer of said Court, appointed by the Judge thereof, and all civil cases in said Court may be reported at the request of either party thereto, or the Judge in his discretion may, without any request, have such cases reported, and the fees for reporting such cases shall be the same as allowed by law in the Superior Court, and collected in the same manner. Stenographer. Fees. Sec. 46. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the Superior Court of Cook County, and which originated in and were transferred from the City Court of Nashville, Berrien County, Georgia, to said Superior Court under the provisions of the law in regard to creation of new counties, shall be and they are hereby transferred to said City Court of Adel, and the same shall be placed on the proper docket of said City Court, by the Clerk thereof, and shall be tried and disposed of as are other cases in said City Court. The Judge and other officers of said City Court shall have the power and authority to issue and enforce the same in the name of the City Court of Adel, in any and all processes in any case from the City Court of Nashville necessary to the final depositions of the same, which from any cause has not been issued and enforced by the officers of said City Court of Nashville, and all such matters now pending shall be disposed of by the officers of said City Court of Adel in as full and complete a manner as the same could be done by the officers of the Superior Court of Cook County. Transfer of pending cases. Sec. 47. Be it further enacted, That this Act shall not become a law until after the same shall have been ratified by the qualified voters of Cook County at at an election to be held for said purpose as follows: That

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immediately after this Act shall have been approved by the Governor, the Ordinary of Cook County shall call an election in said county to be held within ten days from the date of said call, and publish a notice thereof in the official organ of said county; said election to be held under the same rules and regulations governing the election of members of the General Assembly, at which election shall be submitted to the qualified voters of said county the question of ratification of this Act. Those voting in favor of ratification of this Act shall have written or printed on their ballot the words For City Court of Adel, and those opposed to the ratification of said Act shall have written or printed on their ballots the words Against City Court of Adel, the result of said election, after consolidation, shall be filed with the Ordinary of said county, who shall declare the result and publish same, and certify same under the seal of his office to the Governor of said State; if a majority of votes cast in said election are in favor of ratification of this Act, then the same shall go into effect immediately. Election to ratify. Sec. 48. Be it further enacted, That all the laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 22, 1920. ALBANY CITY COURT JUDGE'S SALARY. No. 390. An Act entitled An Act to establish the City Court of Albany, in and for the County of Dougherty, approved December 16, 1897, and Acts amendatory thereof, and particularly an amendatory Act approved August 20, 1906, and amendatory Act approved August 7, 1915, so as to increase the salary of the Judge of said Court, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That an Act approved December 16, 1897, establishing the City Court of Albany, and Acts amendatory thereof and particularly the amendatory Act approved August 20, 1906, and amendatory Act approved August 7, 1915, be amended as follows: Acts of 1897, 1906, 1915 amended. That beginning January 1, 1921, the Judge of the City Court of Albany shall receive a salary of three thousand dollars ($3,000.00) per annum, which shall be paid monthly by the treasurer of Dougherty County as now provided. Said Judge shall receive no other compensation, and shall be disqualified from the practice of law in Dougherty County; provided said Judge shall not be disqualified from the practice of law in the Federal Courts. Judge's salary fixed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1920. AMERICUS CITY COURT JUDGE'S SALARY. No. 404. An Act to amend an Act entitled An Act to establish the City Court of Americus, to be located and held in the City of Americus, Georgia, in and for the County of Sumter, etc., approved November 22, 1900, and all Acts amendatory of said Act, so as to increase the salary of the Judge of the said Court; to provide for the summoning of twenty-four jurors to secure the panel of eighteen, and to amend the cost bill of the Clerk of said Court as to criminal cases, and for other purposes, approved July 31, 1907, so as to increase

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the salary of the Judge of the City Court of Americus, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That an Act entitled An Act to establish the City Court of Americus, to be located and held in the City of Americus, Georgia, in and for the County of Sumter, etc., approved November 22, 1900, and all Acts amendatory of said Act, so as to incrase the salary of the Judge of the said Court, to provide for the summoning of twenty-four jurors to secure the panel of eighteen, and to amend the cost bill of the Clerk of said Court as to criminal cases, and for other purposes, approved July 31, 1907 (Acts 1907, pages 130 and 131), be and the same is hereby amended by striking from line five of Section 1 of said Act the words twenty-five hundred dollars per annum as appears therein, and insert in lieu thereof the words and figures Three Thousand ($3,000.00) Dollars per annum; so that said Section 1 of said Act, when so amended, shall read as follows, to-wit: Act of 1907 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 the passage of this Act the Judge of the City Court of Americus, in and for the County of Sumter, shall receive a salary of Three Thousand ($3,000.00) Dollars per annum, and that said salary shall be paid in monthly installments out of the treasury of the County of Sumter by the person or persons charged by law with paying out money of said county. To be read. Salary fixed. Sec. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into effect until the first day of January, 1921. Effective Jan. 1, 1921. Sec. 3. 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 July 24, 1920. ATLANTA CITY COURT; JUDGE'S SALARY. No. 381. An Act to amend the amendment to an Act approved July 31, 1906, amending an Act entitled An Act to establish the Criminal Court of Atlanta, and in pursuance thereof, to amend an Act establishing City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes, so as to increase the salary of the Judge of said Court to seven thousand five hundred dollars per annum. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act that Section 3 of the amendment approved July 31, 1906, to the Act approved September 6, 1891, creating the Criminal Court of Atlanta, be and the same is hereby amended by striking out the words five thousand in the first line of said section and inserting in lieu thereof the words seven thousand five hundred, so that said section when so amended shall read as follows: Act of 1906 amended. Sec. 3. The salary of said Judge shall be seven thousand five hundred dollars per annum, payable monthly out of the treasury of Fulton County. Said Judge before entering on the duties of his office shall take and subscribe before the Governor an oath faithfully and impartially to discharge such duties to the best of his ability and understanding, and agreeable to the Constitution of this State, and of the United States, and to support said Constitutions. 3 read Salary fixed.

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Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1920. ATLANTA MUNICIPAL COURT COSTS. No. 473. An Act to amend an Act, carrying into effect the provisions of amendments to Paragraph 1, Section 7 of Article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, establishing the Municipal Court of Atlanta: the Acts herein referred to being approved August 20th, 1913; and the Acts amendatory thereto; providing for a change in the cost bill; abolishing Section 49 of said Act, as amended by the Act of 1914, and known as Section 2 of the amendments of 1914 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 on and after the approval of this Act, Section 49 of the Acts creating the Municipal Court of Atlanta, and approved August 20th, 1913, and as amended by Act of 1914, known as No. 490, and approved August 17th, 1914, and known as Section 2 of said Act of 1914, is hereby amended by striking Section 49, as amended, and inserting in lieu thereof, as follows: Act of 1913 49 strickes. Costs shall be charged and collected by the Clerk of said Court, as follows: Filing and docketing of each suit, where amount involved is $100.00 or less, $1.00; where amount involved is over $100.00, $2.00; for copying each suit and summons for service (where plaintiff furnishes no copy), per hundred words, 10c; for each summons and copy suit

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after first copy, where amount involved is $100.00 or less, 50c; where amount involved is over $100.00, $1.00; for entering up each judgment for $100.00 or less, 50c; for filing answer and appearance to suit or garnishment, where amount involved is $100.00 or less, 25c; where amount involved is over $100.00, 50c; for issuing each fi fa, 50c; for each appeal to appellate division of said Court, $2.00; for serving each suit summons or attachment, where amount involved is $100.00 or less, 50c; where amount involved is over $100.00, $1.50; for serving each witness, 50c; for levying each fi fa and advertisement, where amount involved is $100.00 or less, 50c; where amount involved is over $100.00, $1.50; for each search and return of nulla bona, 50c; for each trial by jury, where amount involved is $100.00 or less, $2.00; where amount involved is over $100.00, $5.00; for each arrest in bail trover cases, where amount involved is $100.00 or less, $3.00; where amount is over $100.00, $5.00; for filing and docketing each dispossessory warrant, $2.00; for marshal's service on each dispossessory warrant, $2.00; for filing and docketing each distress warrant, $2.00; for marshal's service on each distress warrant, $2.00. Substitution therefor. In all cases not herein provided for, where the amount or subject matter involved is within the jurisdiction of Justice Courts as now defined, the items of cost prescribed in Sections 6003 and 6006 of the Code of 1910, shall be charged and collected; in all other cases, the items of cost prescribed in Sections 5995 and 5997, of the Code of 1910, shall be charged and collected. The cost in criminal matters in said Court and before the Judges thereof, shall be the same as now provided by law in criminal matters in the Justice's Courts and before Justices of the Peace, except arrest, which shall be $3.00, and taking bond in such matters shall be $2.00. Section 49, as amended, will read as follows: Filing and docketing each suit, where amount involved is

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$100.00 or less, $1.00; where amount involved is over $100.00, $2.00; for copying each suit for service (where plaintiff furnishes no copy), per hundred words, 10c; for each summons and copy suit after first copy, where amount involved is $100.00 or less, 50c; where amount involved is over $100.00, $1.00; for entering up each judgment for $100.00 or less, 50c; for filing answer and appearance to suit or garnishment, where amount involved is $100.00 or less, 25c; where amount involved is over $100.00, 50c; for issuing each fi fa, 50c; for each appeal to appellate division of said Court, $2.00; for serving each suit summons or attachment, where amount involved is $100.00 or less, 50c; where amount involved is over $100.00, $1.50; for serving each witness, 50c; for levying each fi fa and advertisement, where amount involved is $100.00 or less, 50c; where amount involved is over $100.00, $1.50; for each search and return of nulla bona, 50c; for each arrest in bail trover case, where amount involved is $100.00 or less, $3.00; where amount involved is over $100.00, $5.00; for filing and docketing each dispossessory warrant, $2.00; for marshal's service on each dispossessory warrant, $2.00; for filing and docketing each distress warrant, $2.00; for marshal's service on each distress warrant, $2.00. To be read. Schedule of costs. In all cases not herein provided for, where the amount in subject matter involved is within the jurisdiction of Justice Courts as now defined, the items of cost prescribed in Sections 6003 and 6006 of the Code of 1910, shall be charged and collected; in all other cases, the items of cost prescribed in Sections 5995 and 5997, of the Code of 1910, shall be charged and collected. The costs in criminal matters in said Court and before the Judges thereof, shall be the same as now provided by law in criminal matters in the Justices' Courts and before Justices of the Peace, except arrest, which shall be $3.00, and taking bond in such matters shall be $2.00.

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Sec. 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved August 3, 1920. ATLANTA MUNICIPAL COURT OFFICERS' SALARIES. No. 417. An Act to amend an Act, carrying into effect the provisions of Paragraph 1, Section 7 of Article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, establishing the Municipal Court of Atlanta, approved August 20th, 1913, and Acts amendatory thereto, so as to give authority to the Commissioners of Roads and Revenue of Fulton County to increase the salaries of the Clerk, Chief Clerk and Deputy Clerk; Marshal, Chief Clerk to the Marshal, and Deputy Marshals and Special Marshals, in the sum not greater than 25 per cent. of the amount of salaries authorized in the original Act and the amendment of 1918, being Bill No. 261, and approved July 10th, 1918. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the Act entitled an Act to carry into effect in the City of Atlanta the provisions of amendment to Paragraph 1, Section 7, of Article 6, of the Constitution of the State of Georgia, ratified October 2nd, 1912, relative to the abolishment of Justice Courts and the office of Justice of the Peace and Notary Public ex-officio Justices of the Peace in certain cities, and Acts amendatory thereto, including the Act of 1918, No. 261, approved July 10th, 1918, be and the same is hereby amended as follows: Acts of 1912, 1918 amended. Sec. 2. Be it further enacted by the authority aforesaid, That on and after the passage of this Act that

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the Commissioners of Roads and Revenue of Fulton County be and they are hereby authorized and empowered to increase, at their discretion, from time to time, the salaries of the Clerk, Chief Clerk and Deputy Clerks of the Municipal Court of Atlanta, to a sum not to exceed a total of 25 per cent. (25%), in addition to the amount now provided by law (either in the original Act creating said Court, or the Acts amendatory thereto including the amendment of 1918, approved July 10th, 1918) as salaries or compensation of said officers. Provided, the total increase as made from time to time shall not exceed 25 per cent of present salaries. Said increase to be paid in like manner as the salaries of the Clerk, Chief Clerk and Deputy Clerks; Marshal, Chief Clerk to the Marshal and Deputy Marshals and Special Marshals, as now provided by the Act creating the Municipal Court of Atlanta, approved August 20th, 1913. Salaries. Total increase. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 24, 1920. BAINBRIDGE CITY COURT JUDGE'S SALARY. No. 562. An Act to amend an Act establishing the City Court of Bainbridge and for other purposes, approved November 27, 1900. Section 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 14th line of Section 4, of an Act to establish the City Court of Bainbridge, and for oher purposes, approved November 27, 1900, be and the same is hereby amended by striking from said

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line and section the words Twelve Hundred and inserting in lieu thereof the words Two Thousand, so that when said last sentence in Section 4 of said Act relating to the salary of the Judge of the said Court is amended, the same shall read as follows: The Judge of said City Court of Bainbridge shall receive a salary of Two Thousand Dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of Decatur County. Act of 1900 amended. 4 read. Salary fixed. Sec. 2. Be it further enacted by the authority aforesaid, That the provisions of this amendment shall not become or take effect until November 27, 1920, which is the expiration of the present incumbent's term of office. Effective Nov. 27, 1920. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1920. BLACKSHEAR CITY COURT ACTS AMENDED. No. 529. An Act to amend an Act entitled An Act to establish the City Court of Blackshear in and for the County of Pierce; to define its jurisdiction; to provide for the appointment of a Judge, Solicitor and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases direct from said City Court to the Court of Appeals by bill of exception or writ of error, and for other purposes, approved August 15th, 1911, and an Act amendatory thereof approved August 6, 1914. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by

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authority of the same, That in all cases of said City Court of Blackshear where no defense has been filed as is now required by law, the plaintiff shall be entitled to take a verdict or judgment against the defendant as the case may require at the first or return term on the call of the appearance docket and if a demurrer is filed or overruled and no other defense is filed, then the plaintiff shall likewise be entitled to take a verdict or judgment against the defendant as the case may require on the call of the appearance docket. Verdict or judgment at first term. Sec. 2. Be it further enacted by authority aforesaid, That the Solicitor of the City Court of Blackshear shall receive the fee of $10.00 in each case prosecuted by him to trial or plea of guilty, whether upon accusation, indictment or presentment, except in cases of defendants, charged with a violation of the prohibition laws of this State or the illegal sale of liquors, a violation of the laws against gambling, or with an offense denominated or known as a reduced felony, in which said last mentioned and excepted cases the said Solicitor of the City Court of Blackshear shall receive the same fee in each of said cases prosecuted by him to trial or plea of guilty, whether upon accusation, indictment or presentment, as is now allowed Solicitor-Generals of the Superior Courts of this State under Section 1126 of the Penal Code of 1910 for prosecution to trial or plea of guilty in cases where defendants are charged with a violation of the laws against gambling or with an offense denominated or known as a reduced felony; and, in addition, the said Solicitor of the City Court of Blackshear shall receive the same fee for each written accusation as is allowed the Solicitor-General of this State, under said Section 1126 of the Penal Code of 1910 for each indictment in the Superior Court; and where, after investigation, an accusation, indictment or presentment is ordered nolle prossed, the said Solicitor of City Court of Blackshear shall receive the fee of $5.00 in the case

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of each defendant for said investigation and nolle prosequi. Solicitor's fees. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 7, 1920. BLACKSHEAR CITY COURT ACTS AMENDED. No. 635. An Act entitled An Act to establish the City Court of Blackshear in and for the County of Pierce; to define its jurisdiction; to provide for the appointment of a Judge, Solicitor and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases direct from said City Court to the Court of Appeals by bill of exception or writ of error, and for other purposes, approved August 15, 1911, and an Act amendatory thereof approved August 6, 1914. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That in all cases in said City Court of Blackshear where no defense has been filed as is now required by law, the plaintiff shall be entitled to take a verdict or judgment against the defendant as the case may require at the first or return term on the call of the appearance docket; and if a demurrer is filed and overruled and no other defense is filed, then the plaintiff shall likewise be entitled to take a verdict or judgment against the defendant as the case may require on the call of the appearance docket. Verdict or judgment at first term. Sec. 2. Be it further enacted by the authority aforesaid, That the Solicitor of the City Court of Blackshear

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shall receive the fee of $10.00 in each case prosecuted by him to trial or plea of guilty, whether upon accusation, indictment or presentment, except in cases of defendants charged with a violation of the prohibition laws of this State or the illegal sale of liquors, a violation of the laws against gambling, or with an offense denominated or known as a reduced felony, in which said last mentioned and excepted cases the said Solicitor of the City Court of Blackshear shall receive the same fee in each of said cases prosecuted by him to trial or plea of guilty, whether upon accusation, indictment or presentment, as is now allowed Solicitors-General of the Superior Courts of this State under Section 1126 of the Penal Code of 1910 for prosecution to trial or plea of guilty in cases where defendants are charged with a violation of the laws against gambling or with an offense denominated or known as a reduced felony; and, in addition, the said Solicitor of the City Court of Blackshear shall receive the same fee for each written accusation as is allowed the Solicitors-General of this State, under said Section 1126 of the Penal Code of 1910, for each indictment in the Superior Court, and where, after investigation, any accusation, indictment or presentment is ordered nolle prossed, the said Solicitor of the City Court of Blackshear shall receive the fee of $5.00 in the case of such defendant for said investigation and nolle prossqui. Solicitor's fees. 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, 1920.

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BLAKELY CITY COURT JURORS, AND SALARIES. NO. 516. An Act to amend An Act to establish the City Court of Bakely in and for the County of Early, in the State of Georgia, so as to provide the Superior Court rule with reference to striking jurors and to increase the salary of the Judge and Solicitor of said Court. Section 1. Be it enacted, That Section 24 of the above stated Act shall be amended by striking the last line on page 167 and the first three lines on page 168 of the Acts of the Georgia Laws of 1906 and in lieu thereof, there shall be inserted the following: In all civil cases the plaintiff and defendant shall be entitled to six peremptory challenges each, and in all criminal cases the State shall be entitled to five and the defendant seven peremptory challenges, so that said section when so amended and as already amended by Section 1 of the Act amending said Court approved August 18, 1911, shall read as follows: Be it further enacted, That the Clerk of said 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 Early County, as provided from time to time for such Superior Court. From said list so made traverse jurors for said City Court shall be drawn in the following manner: The clerk of the City Court shall write upon separate tickets the name of each traverse juror and place the name 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 thirty-six jurors from said box, who shall serve as jurors in said City Court at its next regular term; provided, however, the Judge of the City Court of Blakely shall have the power to secure the attendance of and use additional panels of jurors, and additional talis jurors, and to excuse any or all of the jurors, whenever in his judgment it is best for the public interest or the expediting of the business of the

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Court that he shall do so. From said panel of jurors so drawn and summoned, a jury of twelve shall be selected as follows: In all civil cases, the plaintiff and defendant shall be entitled to six peremptory challenges each, and in all criminal cases the State shall be entitled to five and the defendant seven peremptory challenges each. Act of 1906 amended. To be read. Peremptory challenges. Sec. 2. Section 3 of the above stated Act shall be amended so as to eliminate the salary received by the judge as one thousand dollars ($1,000.00) per year in line 17 of Section 3 of said Act and inserting in lieu thereof twelve hundred dollars ($1,200.00) per year, to be paid at the rate of one hundred dollars ($100.00) per month. Judge's salary. Sec. 3. Section 4 of the above recited Act establishing said Court as amended in Section 3 of the Act approved August 18th, 1911, and as amended by Section 3 of the Act approved August 18th, 1917, is amended, so that the Solicitor of said Court shall receive one hundred and twenty-five dollars ($125.00) per month in lieu of seventy-five dollars ($75.00) per month therein recited, which is to be paid out of the fine and forfeiture fund in said Court in lieu of the statutory fee, the excess of said fees, if any, shall be paid into the county treasury. Solicitor's salary. Sec. 4. All laws and parts of laws in conflict herewith are repealed. Approved August 7, 1920. BRYAN COUNTY COURT ABOLISHED. No. 429. An Act to repeal an Act entitled an Act to establish a County Court of Bryan County; to provide for a Judge and Solicitor of said Court; to fix the compensation

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for each, and for other purposes, approved August 14, 1913, as shown by the Acts of 1913, pages 178 et seq. Section 1. Be it enacted by the authority of the General Assembly of the State of Georgia that from and after the passage of this Act the Act above referred to being the Act of 1913, pages 178-180, be and the same is hereby repealed. Acts of 1913 repealed. Sec. 2. Be it further enacted, That all books, papers, suits mesne and final processes, whether of a monthly or quarterly session, and all criminal cases and business now pending in the County Court of Bryan County be and the same are hereby transferred to the Superior Court of Bryan County and shall then and there stand for trial in the same order as upon the docket of the County Court, in so far as trial and appearance terms are concerned, but may be placed upon the Superior Court calender as best suited to the convenience of the Court. Suits, etc., transferred. Sec. 3. Be it further enacted, That all laws in conflict with this Act be and the same are hereby repealed. Approved July 26, 1920. CAMILLA CITY COURT FEES. No. 517. An Act to amend an Act entitled an Act to establish the City Court of Camilla, in the County of Mitchell, in and for the County of Mitchell, approved August 17th, 1905, as will be found in Georgia Laws, 1905, pages 184-191. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the Act establishing the City Court

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of Camilla, approved Aug. 17th, 1905, be and the same is hereby amended by striking from Section 9 of said Act, and beginning with the second word in the fourth line of said section the following: Except that in criminal cases tried on accusation the Clerk shall receive three dollars only, of said Act, and inserting in lieu thereof the following: In criminal cases tried on accusation, the Clerk shall receive the same costs as for an indictment from the Superior Court, so that said section when amended shall read as follows: Section 9. Be it further enacted, That the said Clerk and Sheriff shall receive the same fees for similar services as are now allowed or may hereafter be allowed by law to said officers in the Superior Court. In criminal cases tried on accusation the Clerk shall receive the same costs as for an indictment from the Superior Court, exclusive of fees for issuing subpoenas, and for their attendance at the regular term of said City Court, shall receive a per diem of three dollars each, and the Sheriff shall receive a fee of five dollars only for summoning each jury for said Court. Act of 1905 amended. To be read. Clark's fees. 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 7, 1920. CAMILLA CITY COURT JUDGE'S SALARY. No. 532. An Act to amend an Act to establish the City Court of Camilla, in the City of Camilla, in and for the County of Mitchell, to define its jurisdictions and powers; to provide for the appointment of a Judge and Solicitor and other officers thereof; to define their powers and duties, and for other purposes, approved August 17,

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1905, and amended by an Act amendatory thereof August 21st, 1906, so as to provide for the election of a Judge and Solicitor of said City Court of Camilla by the people and for other purposes, and also amended by an Act amendatory thereof approved August 22, 1907, also providing for the election of a Judge and Solicitor thereof by the people, and fixing the salary of the Solicitor, and for other purposes; so as to change the salary of the Judge of the City Court of Camilla; to change the manner of payment of the Solicitor of the City Court of Camilla; to change the right of demand for indictment by the grand jury; to provide for a change in the time of holding the terms of said Court; to allow the Judge to increase the number of jurors in his discretion, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, that an Act entitled An Act to establish the City Court of Camilla in the City of Camilla, in and for the County of Mitchell, to define its jurisdictions and powers, to provide for the appointment of a Judge and Solicitor and other officers thereof; to define their duties, and for other purposes, approved August 17th, 1905, as amended by an Act amendatory thereof, approved August 21st, 1906, and as amended by another Act amendatory thereof, approved August 22, 1907, and further amended by an amendatory Act, approved August 13, 1913, be and the same is hereby amended as follows: Act of 1906 amended. Sec. 2. Beginning at the word said in the third line from the top of page 182 of Section 2, on page 182 of the Acts of General Assembly of Georgia for the year 1913, and striking all of the remainder of said Section 2, page 182 of said Acts of 1913, and inserting the following: Said Judge of the City Court of Camilla shall receive a salary of two hundred ($200.00)

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dollars per month, and shall be paid monthly or semi-monthly, at the pleasure of the Judge, out of the treasuryof Mitchell County, by the treasurer of said county, or the Clerk of the Board of Commissioners of Roads and Revenues of said county. Judge's salary. Sec. 3. Be it further enacted, That this Act increasing the salary of the said Judge of said Court be effective immediately upon its passage and approval. Effective on approval. 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 7, 1920. CARTERSVILLE CITY COURT JUDGE'S SALARY. No. 617. An Act to amend an Act entitled An Act to establish a City Court in the County of Bartow and for other purposes, approved October 10, 1885, and the Acts amendatory thereof, so as to increase the salary of the Judge of said Court from nine hundred dollars to fifteen hundred dollars per annum, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, Section 2 of the above recited Act, as amended by an Act approved August 23, 1905, be amended by striking from the original Act, in the ninth and tenth lines of said Section 2, the words Six Hundred Dollars, and from the amendment approved August 23, 1905, in the fourth line of Section 2 the figures $900, and inserting in lieu thereof the words Fifteen Hundred Dollars, so that the salary of the Judge shall be fifteen hundred dollars per annum, payable monthly. Act of 1905 amended. Judge's salary.

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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 11, 1920. COLUMBUS MUNICIPAL COURT SALARIES. No. 526. An Act to amend an Act, approved August 19th, 1919, amending an Act, approved August 12th, 1915, abolishing Justice Courts, 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 Columbus, and establishing and creating in lieu thereof the Municipal Court of Columbus, by increasing the salaries of the Judge, Clerk and Marshal thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That Section 1 of said Act approved August 19th, 1919, be amended by striking from line sixteen thereof the words twenty-seven and inserting in lieu thereof the words thirty; also by striking from line eighteen thereof the word eighteen, and inserting in lieu thereof the words twenty-one; also by striking from line twenty thereof the word fifteen and inserting in lieu thereof the word eighteen; also by striking from line twenty-seven thereof the words twenty-seven, and inserting in lieu thereof the words thirty; also by striking from line twenty-nine thereof the word eighteen and inserting in lieu thereof the words twenty-one; also by striking from line thirty thereof the word fifteen and inserting in lieu thereof the word eighteen, so that the compensation of the Judge of the said Municipal Court of Columbus is hereby fixed at the sum of three thousand dollars per annum and

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the compensation of the Clerk of said Court is hereby fixed at the sum of twenty-one hundred dollars per annum and the compensation of the Marshal of said Court is hereby fixed at the sum of eighteen hundred dollars per annum. Act of 1919 amended. Judge. Celrk. Marshal. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 7, 1920. DARIEN CITY COURT ABOLISHED. No. 481. An Act to repeal an Act entitled An Act to establish the City Court of Darien, in and for the County of McIntosh; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; to define their powers and duties, and for other purposes, approved August 7, 1915; to provide for the disposition of business pending therein, and the Court papers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the City Court of Darien, created and organized under and by virtue of an Act entitled An Act to establish the City Court of Darien, in and for the County of McIntosh; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; to define their powers and duties, and for other purposes, approved August 7, 1915, be and the same is hereby repealed. Act of 1915 repealed Sec. 2. Be it further enacted by the authority aforesaid, That all cases pending in the said City Court of

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Darien at the time this Act goes into effect, whether civil or criminal, shall be and the same are hereby transferred to the Superior Court of McIntosh County, and the same shall be in order for trial at the first regular term of said Court, convening after this Act takes effect. Pending cases. Sec. 3. Be it further enacted by the authority aforesaid, That from and after August 31, 1920, all the dockets, minutes, Court papers and books of said City Court of Darien, whether pertaining to civil or criminal cases, shall be transferred by the Clerk of said City Court of Darien to the Clerk of the Superior Court of McIntosh County as a part of the records of said Superior Court, and the Clerk of the Superior Court of said McIntosh County is hereby authorized to certify to any portion of said records as a part of the records of said Superior Court. Records. Sec. 4. Be it further enacted by the authority aforesaid, That all judgments, executions or other final processes issued from said City Court of Darien prior to the date when this Act shall become effective, shall remain alive and of full force and vigor, just as if the City Court of Darien had not been abolished; and all claims or other issues that may be made in any way after this Act becomes effective upon any decree, execution, order or other papers issued by said City Court of Darien shall be returnable to McIntosh Superior Court for final determination. Judgments enforced. Sec. 5. Be it further enacted by the authority aforesaid, That the provisions of this Act shall go into effect on and after the 31st day of August, 1920. Effective August 31, 1920. Sec. 6. Be it further nacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1920.

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DUBLIN CITY COURT SALARIES. No. 492. An Act to amend an Act of the General Assembly approved December 6th, 1900, and amended by an Act of the General Assembly approved July 28th, 1908, and an Act approved August 16, 1912, to create the City Court of Dublin in Laurens County, Georgia, to define its powers, and to prescribe for the compensation of the officers thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That on and after the 1st day of January, 1921, that the words Eighteen Hundred Dollars appearing in the 14th line of said Act appearing on page 141 of the Georgia laws of 1908, be and the same is hereby stricken and in lieu thereof the words Twenty-four Hundred be inserted in its stead, so that the salary of Judge of the City Court of Dublin shall be Twenty-four Hundred Dollars per year. Act of 1908 amended. Judge's salary. Sec. 2. Be it further enacted by the authority aforesaid, That on and after the 1st day of January, 1921, that the words said Solicitor shall be paid the sum of One Hundred and Twenty-five Dollars per month, and the Clerk shall be paid the sum of One Hundred and Fifty Dollars per month, appearing in the 11th, 12th, 13th and 14th line sof Section 2 of the Act approved August 16, 1912, be and the same are hereby stricken, and in lieu thereof the following words shall be inserted: Said Solicitor of the City Court of Dublin shall be paid the sum of One Hundred and Fifty Dollars per month and the Clerk shall be paid the sum of Two Hundred Dollars per month, so that said Act shall provide that the Solicitor shall be paid the sum of One Hundred and Fifty Dollars per month, and the Clerk be paid the sum of Two Hundred Dollars per month. Solicitor. Clerk.

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Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 3, 1920. EASTMAN CITY COURT JUDGE'S SALARY. No. 705. An Act to amend an Act entitled An Act to establish City Court of Eastman, in the County of Dodge; to define its jurisdiction and powers, to provide for the election, qualifications, duties, powers, compensation, etc., of the officers thereof, and for other purposes, by increasing the salary of the Judge of said Court to $1,800.00 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 an Act of the General Assembly of Georgia, approved August 19, 1912, entitled An Act to establish a City Court of Eastman, in the County of Dodge; to define its jurisdiction and powers; to provide for the election, qualification, duties, powers, compensation, etc., of the officers thereof, and for other purposes, be and the same is hereby amended by striking from the 14th line of Section 4 of said Act, the words $1,200.00, and substituting therefor the words $1,800.00, so that said section as amended will read as follows: Act of 1912 amended. Be it further enacted by the authority aforesaid, That there shall be a Judge of the said City Court of Eastman, who shall be elected by the qualified voters of the County of Dodge, such election to be for a term of four years, beginning January 1st, 1913, the first election to be held at the election in October, 1912, and thereafter the election to be held at the end of each term of four years. Vacancies arising from death or

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otherwise to be filled by appointment of the Governor, the appointee to hold until his successor is elected and qualified at an election to be called by the Ordinary of Dodge County, at a date not later than ninety days nor earlier than thirty days after vacancy occurs. The Judge of the said City Court of Eastman shall receive a salary of $1,800.00 per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of the County of Dodge, and the county authorities shall levy a tax for the purpose of this Act. To be read. Judge's salary. Sec. 2. Be it further enacted by authoriy aforesaid, That this Act shall become effective January 1st, 1921. Effective Jan. 1, 1921. Sec. 3. Be it further enacted by authoriy aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. ELBERTON CITY COURT SOLICITOR'S APPOINTMENT. No. 444. An Act to amend an Act entitled An Act to establish the City Court of Elberton, in Elbert County; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved December 19th, 1896, and all acts amendatory thereof, so as to provide for the appointment of the Solicitor of said Court by the Governor instead of by the Judge as now provided, and to fix said Solicitor's term of office, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the Act entitled An Act to establish the City Court of Elberton, in Elbert County; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; to define their powers and duties; to provide for the pleading and practice of new trials therein; and writs of error therefrom, and for other purposes, approved December 19, 1896, be amended by striking from Section 6 of said Act the first sentence in said section down through the word year, and substituting in lieu thereof the following: Be it further enacted by the auhority aforesaid, That there shall be a Solicitor of said City Court of Elberton, who shall be appointed by the Governor by and with the advice and consent of the Senate, whose term of office shall be four years, and all vacancies in said office 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 be 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 its next session thereafter. Act of 1896 amended. Solicitor. Sec. 2. Be it furher enacted by the authority aforesaid, That nothing contained herein shall effect the present Solicitor of said Court in serving the remainder of his present term of office, but the terms hereafter shall apply to the selection of his successor. Present solicitor's term. Sec. 3. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 26, 1920.

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FLOYD COUNTY CITY COURT SOLICITOR'S FEES. No. 525. An Act creating the City Court of Floyd County, approved September 27th, 1883, and all other Acts amendatory thereof, so as to provide for a fee system in said Court as it affects the Solicitor of said Court, and to abolish the payment of a salary to said Solicitor; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That Sections 1, 2 and 5 of an Act of the General Assembly of Georgia approved July 31st, 1918, amending an Act creating a City Court of Floyd County, approved September 27th, 1883, and all other amendatory Acts thereof, be and the same are hereby repealed. Acts repealed. Sc. 2. Be it further enacted by the authority aforesaid, That the fees of such Solicitor of the City Court of Floyd County shall be the same as are now provided for the Solicitors-General in the Superior Courts of this State, and shall be paid in the same manner from the fines and forfeitures arising in said City Court, and in addition thereto, he shall be entitled to and shall receive the sum of $5.00 for each accusation drawn in said City Court, same to be paid in the same manner as the other fees in said City Court; and it shall be the duty of said Solicitor to represent the State in the Supreme Court and the Court of Appeals on all writs of error from said Court, for which service he shall be paid out of the Treasury of the State the same sums paid Solicitors-General for similar service. Fees. Sec. 3. The purpose and intent of this Act is to reenact and re-establish in said Court the fee system for said Solicitor just as the same existed prior to the passage

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of the amendment approved July 31st, 1918, to the Act creating said Court. Purpose of this Act. Sec. 4. Upon the request of the grand jury of said County of Floyd, said Solicitor shall make a written report of all cases tried and disposed of since the meeting of the last grand jury, showing the disposition thereof and sentences imposed by the Court, if any. Report of cases. Sec. 5. Be it further enacted by the authoriy aforesaid, That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved August 7, 1920. FORT GAINES CITY COURT JUDGE'S SALARY. No. 385. An Act to amend an Act entitled An Act to establish the City Court of Fort Gaines, Clay County, approved August 22, 1907, so as to increase the salary of the Judge of the City Court of Fort Gaines, and for 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 in the above recited Act be and is hereby amended by striking the words Four Hundred Twenty Dollars wherever they may appear in said section and substituting in lieu thereof the words Six Hundred Dollars. Act of 1907 amended. Salary fixed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1920.

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FORT GAINES CITY COURT JUDGE'S SALARY. No. 522. An Act to amend an Act to establish the City Court of Fort Gaines, in and for Clay County, approved August 22, 1907, so as to strike from Section 2 of said Act the following words: Said salary shall neither be diminished or increased during his term of office, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the Act passed by the authority aforesaid, establishing the City Court of Fort Gaines, in and for Clay County, approved August 22, 1907, is hereby amended by striking the following words from Section 2 of said Act wherever they appear: Said salary shall neither be diminished nor increased during his term of office. Act of 1907 amended. Words stricken. 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 7, 1920. GRIFFIN CITY COURT SALARIES. No. 707. An Act to amend an Act entitled An Act to establish the City Court of Griffin, in Spalding County, Ga., approved December 14th, 1897, and the Acts amendatory thereof approved December 17, 1900, and August 22nd, 1907, as follows: By fixing the salaries to be paid to the Judge and Solicitor of said Court. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority

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of the same, That Section 3 of an Act to establish the City Court of Griffin, in Spalding County, Ga., approved December 14th, 1897, and the Acts amendatory thereof approved December 17th, 1900, and August 22, 1907, be and the same is hereby amended by striking after the words shall receive a salary of in the thirteenth (13th) line of said Act the words fourteen hundred dollars per annum, and inserting in lieu thereof the words two thousand dollars per annum, so that said section when so amended shall read as follows: Acts amended. Section 3. Be it further enacted by authority of the same, That there shall be a Judge of the City Court, who shall be elected by the qualified voters of the County of Spalding and whose term of office shall be four years, and all vacancies in the said office shall be filled by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under this provision of this Act shall be at the same time and place and under all the rules and regulations provided for the election of the county officers of Spalding County, Ga., in October, 1908, and shall be for a term of years beginning January 1st, 1909. Subsequent elections shall be held at intervals of four years from date of this first election. The Judge of the City Court of Griffin shall receive a salary of two thousand dollars per annum, which shall not be increased or diminished during his term of office, and which shall be paid monthly on the receipt of the said Judge out of the treasury of Spalding County. And it shall be the duty of the County Commissioners of Roads and Revenues of said county to make provision for this purpose in levying county taxes. Be it further enacted by the authority aforesaid, That Section 5 of said Act be and the same is hereby amended by striking after the words shall receive a salary in the thirtieth line of said section the words fourteen hundred dollars per annum and insert in lieu thereof the words two thousand dollars per

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annum, so that said section when so amended shall read as follows: Act of 1897, 3 read. Judge. Section 5. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of the City Court of Griffin, to be elected by the qualified voters of the Countyof Spalding whose term of office shall be two years and all vacancies in said office shall be by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under the provisions of this Act shall be held at the same time and place and under all the rules and regulations provided for the election of county officers of Spalding County on October 19, 1908, and shall be for a term beginning Jan. 1st, 1909. Subsequent elections at intervals of two years from the date of the first election at the regular election for county officers. Any person to be eligible to the position of Solicitor of the City Court must have reached the age of twenty-five years and must have practiced law at least three years and must have been a citizen of Spalding County at least three years. The said Solicitor shall receive for each written accusation the same fees that are allowed the Solicitor-General for each indictment in the Superior Courts and his fees for all other service rendered shall be the same as are allowed a Solicitor-General of the Superior Court, and for his services in the Supreme Court he shall be paid out of the Treasury of the State in the same manner as the Solicitor of the Superior Court is paid for like services, provided that at the end of each term of the City Court of Griffin the Solicitor of the City Courtof Griffin shall collect the full amount of his fees at the distribution of the same by the Judge of the City Court and pay over the same into the treasury of the County of Spalding and at all times he shall collect and pay over into the treasury of said county all the money he receives under this fee system. For all his services the said Solicitor shall receive a salary of two thousannd dollars per annum which shall be paid

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him monthly out of the treasury of Spalding County upon receipt of said Solicitor of the City Court of Griffin and said salary shall not be increased or diminished during his term of office and his salary shall be his only compensation for the services rendered by the said Solicitor of the City Court of Griffin. Before entering upon the duties of his office the said Solicitor shall give a bond payable to the Governor and his successors in office with good security to be approved by the Judge of said Court, in the sum of two thousand dollars, conditioned to account for all money which may come into his hands as Solicitor and for the faithful discharge of the duties of said office, and 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 Griffin, so help me God. Said bond and oath shall be entered on the minutes of the Court by the Clerk of the City Court of Griffin and may be sued on by any person interested. In case of his absence or disqualification to act in any case, the Court shall have power to appoint a Solocitor pro tem. 5 read. Solicitor. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. HINESVILLE CITY COURT JUDGE'S SALARY. No. 686. An Act to amend an Act creating 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 authority of the same, That from and after January 1,

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1921, that the Act creating the City Court of Hinesville, approved August 9, 1916 (Acts 1916, pages 232 to 245), be and it is hereby amended by striking the words Six Hundred in the after the word of and before the word Dollars in the 34th line of the 4th section of said Act, and inserting in lieu thereof the words Nine Hundred, so that said section when so amended shall read as follows: Act of 1916 amended. Section 4. Be it enacted by the authority aforesaid, That there shall be a Judge of said City Court, who shall be elected by the qualified voters of Liberty County, who shall hold office for the term of four years, and if there shall be a vacancy in the office of Judge, the Governor shall by appointment fill the same until the next general election, 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 first election for said Judge shall be held at the general election in November, 1916, under the rules and regulations governing the elections of members of the General Assembly; and the Judge elected on said date shall go into office on the first day of January, 1917, and hold his office for a period of four years, and until his successors are elected and qualified. The time of election and term of office shall be the same as the Ordinary of Liberty County. The present Judge of the County Court of Liberty County, N. C. Hodges, shall be the Judge of said Court from the time it is organized until January the first, 1917. The qualification of said Judge shall be that he has been a practicing attorney for three years and a resident of Liberty County for four years immediately preceding the time he enters upon his duties as said Judge of said Court, and shall before entering upon the discharge of his duties take the following oath: `I do swear that I will administer justice without respect to persons, and that I will faithfully and impartially perform all the duties which

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may be required of me as Judge of the City Court of Hinesville according to the best of my ability and knowledge, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God,' which oath shall be filed in the Executive Department. The Judge of said Court shall receive a salary of Nine Hundred Dollars a year, which shall not be increased or diminished during his continuance in office, and the same shall be paid monthly out of the public funds of Liberty County and out of any fund set aside for paying current expenses of said county. The Judge of said Court shall receive no other compensation for his service. He shall not be permitted to practice law in his own Court, but may practice in other Courts. To be read. Judge's salary. Sec. 2. Be it further enacted, That none of these provisions of this Act shall go into effect until a majority of the grand jurors at a regular term of Liberty Superior Court have recommended the same. Recommendation by grand jury. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. JEFFERSON CITY COURT SALARIES, AND FEES. No. 593. An Act to amend the Act creating the City Court of Jefferson in the County of Jackson, and Acts amendatory thereof, said Act of creating having been approved July 16, 1903, and amendatory Act approved August 18, 1918, so as to fix the salary of the Judge of said Court at $1,800.00 per annum, to fix the salary of the Solicitor of said Court at $1,500.00 per annum, and to provide for fees and

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payment thereof for the stenographer of said Court, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after October 1st, 1920, the Judge of the City Court of Jefferson in Jackson County, shall receive a salary of $1,800.00 per annum, which salary shall be paid monthly by the treasurer of the County of Jackson, and that so much of the Act creating the City Court of Jefferson, approved July 16, 1903, as provides that the Judge of said Court shall receive a salary of $600.00 per annum is hereby repealed. That so much of the first section of the Act amending said Act approved August 23rd, 1905, as provides that the Judge of said Court shall receive a salary of $800.00 per annum is repealed; that so much of the Act amending said Acts approved August 17, 1916, as provides that the Judge of said Court shall receive a salary of $1,000.00 per annum is repealed; that so much of the Act amending said Acts, approved August 18, 1918, as provides that the Judge of said Court shall receive a salary of $1,200.00 per annum is repealed and superseded by the provisions of this Act as to amount and payment of said salary. Judge's salary. Act of 1903 amended. Act of 1905 amended. Act of 1916 amended. Act of 1918 amended. Sec. 2. Be it further enacted by the authority aforesaid, That from and after October 1st, 1920, the Solicitor of said City Court of Jefferson shall receive a salary of $1,500.00 per annum, which salary shall be paid monthly by the treasurer of the County of Jackson, and that so much of the Act creating the City Court of Jefferson approved July 16, 1903, as provides that the Solicitor of said Court shall receive fees for his services is hereby repealed. That so much of the Act amending said Act approved August 23rd, 1905, as provides that the Solicitor of said Court shall receive a salary of $800.00 per annum is repealed; that so much of the Act amending said Acts approved August 18th, 1918, as

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provides that the Solicitor of said Court shall receive a salary of $1,000.00 per annum is repealed and superseded by the provisions of this Act as to amount and payment of said salary. Solicitor. Acts amended. Sec. 3. Be it further enacted by the authority aforesaid, That from and after October 1st, 1920, the stenographer of the City Court of Jefferson shall be paid the sum of five dollars in the same manner and under the same rules as the stenographer of the Superior Courts, for each criminal case reported, the said sum to be taxed in the bill of costs in case of a conviction, otherwise the same shall be paid by the county treasurer; and it shall be the duty of the stenographer of the City Court of Jefferson to transcribe the evidence in reported cases only when requested to do so and for such transcription he shall be paid the same fees as are paid stenographers of the Superior Courts of this State, and so much of the Act amending the Act creating the City Court of Jefferson, approved July 30, 1913, providing otherwise than as herein provided is hereby repealed; provided, that no sum shall be paid said stenographer by the county treasurer except on certificate of the Judge that the fees earned by said stenographer has not amounted to fifteen dollars per day, and in no event shall said treasurer pay said stenographer exceeding fifteen dollars per day. Stenographer. Act of 1913 amended. Sec. 4. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 10, 1920.

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JEFFERSONVILLE CITY COURT, ELECTION TO ESTABLISH. No. 574. An Act to establish the City Court of Jeffersonville, in and for the County of Twiggs, to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; to define their powers and duties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the City Court of Jeffersonville, to be located in the City of Jeffersonville, in the County of Twiggs, is hereby established and created with the civil and criminal jurisdiction over the whole County of Twiggs, concurrent with the Superior Court, to try and dispose of all civil cases of whatsoever nature, except those of which the Constitution of Georgia 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 Twiggs; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now are, or may hereafter be, in the Superior Courts, either under the common law or by statute, including among others attachment and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said Court salutary award, proceedings against intruders and tenants holding over, portion of personality, issues upon distress warrants, foreclosures of all liens and mortgages, and quo warrantos. Establishment. Jurisdiction. Sec. 2. Be it further enacted, That there shall be a Judge of said City Court who shall be appointed by the Governor, under the rules now governing the appointment of such officers; such Judge, when so appointed shall hold office for four years; all vacancies

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shall be supplied in like manner; such appointee to hold office for the balance of the unexpired term. The Judge of said City Court shall receive a salary of twelve hundred dollars per annum; and it shall be paid quarterly by the Commissioners of Roads and Revenues out of the general funds belonging to said county, and it shall be the duty of the Commissioners of Roads and Revenues, or other proper officer, to make provision for this purpose of levying the annual taxes. The Judge shall receive for his services no other compensation, either in the way of costs in any case, or otherwise, but the salary herein provided shall be the sole emolument of his office. Judge. Appointment. Term. Vacancies. Salary. Sec. 3. Be it further enacted, That no one shall be eligible to the office of said Judge unless he be at the time of his appointment at least twenty-eight years old, a resident of Twiggs County at least four years, immediately preceding his appointment, and must have practiced the profession of law at least five years continuously. He shall, before entering upon the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect of persons, and do equal rights to the poor and rich, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as Judge of the City Court of Jeffersonville, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and to the Constitution of the United States. This oath shall be witnessed by any officer authorized by the laws of this State to administer oaths, and shall be filed in the Executive Department of this State. Eligibility. Oath of office. Sec. 4. Be it further enacted, That the Judge of said City Court shall have authority to issue criminal war-issue and dispose of distress warrants, and to do genissue and dispose of distress warrants, and to do generally all acts which the Judges of the County Courts of

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this State are authorized to do, unless otherwise provided in this Act. Said Judge shall also have power to hear testimony taken de bene esse, 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 to administer oaths pertaining to their respective offices, as Judge and other officers in the Superior Court in like cases do; and said Judge shall have power to attest deeds and other papers, and to administer affidavits in all cases anywhere in this State in which by existing laws such papers may be attested and affidavits administered by a Justice of the Peace of this State. And the Judge of said City Court shall have all of the powers and authority throughout his jurisdiction of Judges of the Superior Court, except when by law exclusive power and authority is vested in the Judges of the Superior Courts, and all laws relating thereto and governing the Judges of the Superior Court shall apply to said Judge of said City Court, so far as same may be applicable, except as hereing provided. Powers. Warrants. Testimony. de bene esse. Oaths. Deeds and affidavits. Sec. 5. Be it further enacted, That the Judge of the said City Court may practice law in any of the Courts of this State or of the United States, except in the City Court of Jeffersonville, and the Supreme Court and Court of Appeals in writs of error from the City Court of Jeffersonville. The Judge of said City Court shall have authority to issue writs of habeas corpus, and to hear and dispose of the same in the same way and with the same power as Judges of the Superior Courts, unless otherwise provided by the general laws of this State. Practice of law. Sec. 6. 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

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trials in the Superior Courts, except as otherwise provided by this Act. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the Superior Court shall apply to and govern the same in said City Court, unless otherwise provided in this Act. When a criminal case is heard as a special session of said City Court, and the defendant desires to move for a new trial, such motion must be made within two days and passed upon by the Judge of said City Court within ten days after the rendition of the judgment complained of, and not afterwards, unless for good cause, further time may, by order, be granted in the discretion of the said Judge of said City Court. In all other respects such motions must be governed by the ordinary rules aforesaid. Upon the new trial of a case, either party in a civil case, except the principal amount is fifty dollars or less, as provided by Section 19 of this Act, or the defendant in criminal case shall have the right to demand a jury trial, without regard to whether or not the preceding trial was without jury. New trials. Procedure. Jury trial demands. Sec. 7. Be it further enacted, That a writ of error direct from the City Court of Jeffersonville to the Supreme Court or Court of Appeals of this State shall be upon bills of exception filed under the same rules and regulations as govern and control the filing of exceptions and the issuing of writs of error in the Superior Courts of this Stage. Writs of error. Sec. 8. Be it further enacted, That in the absence of the Judge of said City Court, from indisposition or otherwise, from any term of said City Court, it shall be the duty of the Clerk or the Sheriff to open and adjourn said Court to such time as the Judge may in writing direct. The Judge of said City Court may hold adjourned terms of said Court when, in his discretion, the same is advisable, and prior summoned to the quarterly term immediately

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preceding such adjourned term shall serve at such adjourned term. Substitutes for judge. Adjourned terms. Sec. 9. Be it further enacted, That the sessions of said City Court of Jeffersonville shall be held in the courthouse of Twiggs County, in said City of Jeffersonville, or at some other place in said city, if at any time it should be necessary in the opinion of the Judge of the said City Court. Sessions in courthouse. Sec. 10. Be it further enacted, That when the Judge of the said City Court is disqualified from presiding, the Judge of the Superior Court may preside in his stead, and if the Judge of the Superior Court cannot, from any cause, preside, then upon the consent of the parties said case shall be tried by some attorney agreed upon by the parties as a Judge pro hac vice. And if the parties fail to agree, then a Judge pro hac vice shall be selected, in the same manner as now provided by law for such cases in the Superior Courts, or any Judge of any City Court in this State may preside in said City Court of Jeffersonville, in any and all cases, whether the Judge of the City Court of Jeffersonville is disqualified or not. Disqualification of judge. Judge pro hac vice. Sec. 11. Be it further enacted, That there shall be a Solicitor of the City Court of Jeffersonville, who shall be appointed in the same manner as the Judge of the City Court of Jeffersonville, and who shall hold office for a term of four years. Vacancies shall be filled in the same manner as herein provided for the Judge of the City Court. In case of the Judge and of the Solicitor, should a vacancy occur in either office, while the Senate is not in session, the Governor shall fill such vacancy by appointment and shall submit such appointment to the Senate at its next session thereafter. No person shall be eligible to the office of said Solicitor unless he shall have arrived at the age of twenty-one years, shall have been a bona fide resident of Twiggs County for a term of at least two years immediately preceding his

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appointment, and must have practiced the profession of law at least two years continuously. Said Solicitor shall, before entering upon the duties of his office, give bond with good security in the sum of $500, conditioned upon the faithful discharge of the duties of his office, and shall, in addition to the oath required of all civil officers, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without favor, fear or affection, discharge my duties as the Solicitor of the City Court of Jeffersonville, so help me God. Said bond shall be payable to the Governor, shall be approved by the Judge of the City Court of Jeffersonville, and together with the said oath shall be entered on the minutes of the Court by the Clerk, and may be sued on by any person interested. If for any reason said Solicitor shall fail or be disqualified to act in any case, the Court shall have power to appoint a Solicitor pro tem. Solicitor. Appointment and term. Vacancies. Eligibility. Bond. Oath of office. Solicitor pro tem. Sec. 12. Be it further enacted, That it shall be the duty of the Solicitor of the City Court of Jeffersonville to represent the State in all cases in said Court, in cases carried up to the Supreme Court or Court of Appeals from said City Court, to which the State shall be a party, and shall perform therein such other duties as usually appertain to the office. The fees of the Solicitor shall be as follows: For every case founded on accusation (not including reduced felonies), finally disposed of in the City Court, ten dollars. For every case in violation of the gambling laws of this State, twentyfive dollars. For reduced felonies, and for all other services not provided for in this Act, the same fees as are allowed the Solicitor-General for like services in the Superior Court, for representing the State in every case carried to the Court of Appeals from said City Court, fifteen dollars. Duties. Fees. Sec. 13. Be it further enacted, That the Solicitor of the said City Court shall for his services in the Court of Appeals be paid out of the Treasury of the State of

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Georgia by warrant drawn by the Governor upon the certificate of the Clerk of the Court of Appeals as to the performance of said services, and upon the certificate of the Clerk of City Court the insolvency or acquittal of the defendant. Service in Court of Appeals. Sec. 14. Be it further enacted, That the Judge of the City Court shall have the same power to appoint bailiffs at each term of the Court that the Judges of the Superior Courts have, who shall be entitled to two dollars per day. Bailiffs. Sec. 15. Be it further enacted, That the Clerk of the Superior Court of Twiggs County and the Sheriff of Twiggs County shall be ex-officio Clerk and Sheriff of the City Court of Jeffersonville, and in their official connection with said Court they shall be known respectively as the Clerk and Sheriff of the City Court of Jeffersonville. Said officers before entering upon their duties as officers of the City Court of Jeffersonville shall each take and subscribe to an oath to faithfully perform the duties of their offices, and shall each enter into a bond payable to the Governor and his successors in office in the sum of one thousand dollars, conditioned upon the faithful performance of their respective offices. The oaths and bonds shall be entered upon the minutes of said Court by the Clerk, and filed with the Ordinary of Twiggs County. Ex-officio clerk and sheriff. Oath of office. Bonds. Sec. 16. Be it further enacted, That all the duties attached to the office of Clerk of the Superior Court and of the Sheriff of the county shall be attached to the office of Clerk and Sheriff of the City Court of Jeffersonville respectively. Duties. Sec. 17. Be it further enacted, That the Clerk and Sheriff of said City Court of Jeffersonville shall receive in all civil business transacted in said Court, in which the principal sum does not exceed fifty dollars, one-half the fees which the Clerk and Sheriff, respectively, of the

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Superior Court received. In all other cases, unless otherwise provided in this Act, they shall receive the same fees as they are allowed for similar services in the Superior Court. They shall be amendable to the same processes and penalties as they are now amenable to in Superior Courts, and shall be entitled to the same remedies to enforce the collection of their fees and costs in said City Court as they are now entitled in the Superior Court. Compensation. Section 18. Be it further enacted, That the fees of the clerk and sheriff in criminal cases be the same as now or may hereafter be allowed to the clerk of the Superior Court, and to the sheriff of the county; and for their attendance upon the regular terms of the City Court they shall be paid the same fees as now allowed to clerks and sheriffs, respectively, for similar services upon the Superior Court; provided, neither shall receive pay for not exceeding twenty days in a year, nor shall either be paid twice for the same service on account of this being an officer of both the Superior and the City Courts. Fees in criminal cases. Section 19. Be it further enacted, That in the said City Court, the same rules of procedure, service, pleading and practice shall govern, as for the time being obtain in the Superior Court, except as otherwise provided in this Act, and whenever the rules of the Superior Court cannot be made applicable on account of the difference in the constitution of the said courts, then the City Court judge may make and promulgate rules to govern such cases. Suits for not over one hundred dollars principal, and all issues and proceedings, when not over one hundred dollars in value is involved shall be returnable to the monthly sessions of said court, and stand for trial at the first term by the judge without the intervention of a jury; provided, that any case where more than fifty dollars principal is involved, and an issuable defense is filed by oath, and a jury is demanded shall be transferred to the next quarterly term, and shall there stand for trial by a jury. Ordinary suits brought to said monthly sessions

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shall be filed in the clerk's office of said court at least fifteen days before the term to which they are returnable, and the same shall be served at least ten days before said term. All other causes and proceedings must be brought to the quarterly terms to be filed twenty days and served fifteen days before the return term, and stand for trial at the first or second term, as similar cases would be tried in the Superior Courts, except as provided in Section 41 of this Act. All judgment obtained in said City Court shall be a lien on all property of the defendants throughout the State in the same manner judgments of the Superior Courts are. All laws upon the subject attachments or garnishment in the Superior Court of this State shall apply to said City Court so far as the nature of the City Court shall admit. The judge of said City Court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said City Court under the laws governing the issuing of attachments in the Superior Courts; and all attachments returnable to the City Court of Jeffersonville shall be directed to all and singular the sheriffs and constables of this State, and may be served by the sheriff of this City Court or his deputy, or by any sheriff or constable or other officer of said State authorized by law to levy attachments returnable to other courts. Garnishment proceedings in said court shall be conformable to the laws in the State on the subject in the Superior Court. Procedure, etc. Filing of suits. Attachments and garnishments. Section 20. Be it further enacted, That suits in said City Court shall in all respects be conformable to the mode of proceeding in the Superior Courts, except as herein provided; but the process to writs shall be annexed by the clerk of said City Court and shall be attested in the name of the judge thereof, and shall be directed to and served by the sheriff and his deputies of the City Court of Jeffersonville. The general laws of this State as to the commencements of suits in the Superior Courts, set-offs, affidavits of illegaility, arbitration, examination of parties to suits or witnesses by

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interrogations or under subpoena, including testimony de bene esse, witnesses and their attendance, continuances and other matters of judicial nature within the jurisdiction of said City Court, shall be applicable to said City Court unless otherwise 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 original parties or what the nature of the proceedings. Parties may make defense on all grounds, whether legal or equitable. Procedure. Sec. 21. Be it further enacted, That the terms of said City Court shall be monthly and quarterly, the monthly terms to be held on the third Mondays of each month, and the quarterly terms to be held on the third Mondays in January, April, July and October; provided, that the City Court Judge may, from time to time, change the time of holding said Court, such change to be advertised once in the newspaper where the Sheriff's advertisements are published. The notice thus given must be published at least thirty days before said change is to take effect. Such terms are to be nearly equidistant as convenience will admit. The terms of such Court shall last until the business is disposed of, and the Judge may set cases for trial at a convenient time, and the same may then be tried as of term, whether Court has been held from day to day until said time or not. Whenever the monthly term and quarterly term fall upon the same day, as provided above, or as may in future be changed by the Judge, both terms may be opened at once, and the Judge can take up either docket at any time, except as to the appearance docket as provided in Section 41 of this Act. Terms. Sec. 22. Be it further enacted, That all laws regulating the enforcement of judgments of the Superior Courts, both civil and criminal, shall apply to said City Court. The Judge of the City Court shall have the

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same powers to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the Judges of the Superior Courts of this State. Enforcement of judgments. Sec. 23. Be it further enacted, That the traverse jurors in the City Court of Jeffersonville shall be procured in the following manner: The Clerk of the Superior Court of Twiggs County, who shall be the ex-officio Clerk of the City Court of Jeffersonville, or his deputy for said City Court of Jeffersonville, shall provide a City Court jury box for traverse jurors in the Superior Court, and shall write upon separate sheets of paper or cards, the names of each person upon the traverse jury list of the Superior Court, including the names of all those upon the grand jury list of the Superior Court, and shall place said names of all persons upon the jury lists of the Superior Court in the City Court jury box, from which shall be drawn traverse jurors to serve in the City Court of Jeffersonville. All laws with reference to the drawing, summoning and empanelling of traverse jurors in the Superior Court shall apply to the City Court of Jeffersonville, except that the Judge of the City Court of Jeffersonville shall draw only twenty-four jurors out of the box to serve, which shall constitute two panels, and shall be numbered one and two. The Sheriff of said City Court shall receive ten dollars for summoning said jurors. The Judge of the City Court may have the right to summon instanter as many jurors as may be necessary to complete the necessary panels, or to try any case in said Court whenever one or more panels shall be out on any case or cases and when another jury case is called and when both parties announce ready, or no legal showing for the continuance is made by either party. Jurors in the City Court shall receive the same pay as jurors in the Superior Court, and are to be paid in the same manner and under the same regulations. Traverse juries. Panel. Compensation.

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Sec. 24. Be it further enacted, That all the laws with reference to the qualifications, empaneling, challenging and fining of jurors in the Superior Court shall apply to said City Court, except when inconsistent with this Act. In all cases where issues are to be tried by jury, the parties shall be entitled to a full panel of twenty-four from which to strike. In all civil cases each party shall be entitled to six peremptory challenges, and in all criminal cases the defendant shall be entitled to seven and the State five peremptory challenges. All laws governing the selection of jurors in the Superior Court shall be applicable to the City Court of Jeffersonville, except where they are inconsistent with this Act. During the session of each quarterly term of the City Court, the City Court Judge, or the Judge then presiding therein, shall in open Court draw from the jury box, provided for that purpose, twenty-four jurors, who shall constitute the jury for the next quarterly term provided if for any cause whatever the jury is not drawn as aforesaid, the Judge of said Court may draw them at some other time. Qualifications, empaneling, challenge, fining. Sec. 25. Be it further enacted, That sales made under execution or other process from the quarterly terms shall be governed by the same rules as under Superior Court executions and sales made under execution or other process from the monthly terms, including those originating in the monthly terms but appealed to a jury and tried in the quarterly terms may be made after advertising the property ten days in the three public places in said County of Twiggs which must include the usual place before the court house for posting notices. All other sales shall be made under rules prevailing and governing in the Superior Court. All executions issuing from said City Court shall be attested in the name of the Judge, signed by the Clerk or his lawful deputy, and shall be directed to the Sheriff and his deputies of the City Court of Jeffersonville. Sales under execution.

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Sec. 26. Be it further enacted, That the Judge of said City Court shall have the power and authority to hear and determine without a jury all civil causes of which said Court has jurisdiction and to give judgment and execution therein; provided, always, that either party shall be entitled to a trial by jury in said Court upon entering a demand therefor either by himself or by his attorney in writing on or before the call of docket at the term at which said cause is tryable. This shall apply to cases where either party is entitled to a trial by jury under the Constitution and laws of this State except as provided in Section 19 of this Act. In all claim cases and others where they are triable by law at the first term of the Court, the parties on either side may demand a jury at the first term of said Court; provided, the case is one in which a jury trial is provided for by this Act. Judge's powers. Civil cases. Jury trial demands. Sec. 27. Be it further enacted, That said City Court shall have jurisdiction to try all claim cases where personal property is levied on under process from said Court, and all issues made upon proceedings to forfeit bonds taken in cases in said Court or transferred thereto, and to proceed to forfeit such bonds or recognizances as are given by persons charged with penal offense, or by prosecutor to prosecute, or a witness to appear and testify, in the manner heretofore practiced in this State, whatever may be the amount of such bonds or recognizances, and rules nisi in cases of forfeiture, where the amount of the bond does not exceed one hundred dollars, shall be made returnable to, and shall be disposed of, at the next monthly term of said Court, sitting at not less than fifteen days after the granting of said rule; provided, that said rule shall be served at least ten days before the said term. Where the amount of bond is more than one hundred dollars, the rule must be made returnable to and disposed of at the next quarterly term of said Court sitting not less than twenty days from the granting of said rule, said rule to be

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served at least fifteen days before the said quarterly term. Claim cases. Sec. 28. Be it further enacted, That scire facias to make parties and revive judgments may be had as in the Superior Court, but such scire facias shall run through the State, and may be erved by ay Sheriff or his deputy. Sec. 29. Be it further enacted, That any writ or process of said Court to be served in any county other than Twiggs shall be served by the same officers of the county of service as may serve the Superior Court process and parties out of the State may be served as in Superior Courts. Writs served in other counties. Sec. 30. Be it further enacted, That all suits against joint obligors, joint promissors, copartners, or joint trespassers, in which one or more may reside in the County of Twiggs, may be brought in said City Courts within its jurisdiction, under the same rules and regulations governing such cases in the Superior Courts, mutatis, murtandis as to copies, second originals, return, or other matters connected with the suit. Suits against copartners, etc. Sec. 31. Be it further enacted, That said City Court shall be a Court of record with a seal, and the minutes, stationery, books, records, dockets and files that are required to be kept in the Superior Courts shall be kept in and for said City Court, and the Judge of said City Court is authorized to procure such, to be paid for by the Board of Commissioners of Roads and Revenues on the order of said City Court Judge. Court of record. Sec. 32. Be it further enacted, That all rules of the Superior Court relative to continuances, motions, pleas and practice shall be applicable to said City Court, and shall obtain herein unless otherwise provided in this Act. Continuance, motions, pleas, practice. Sec. 33. Be it further enacted, That when any realty is levied on under any process from said City Court and

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claim is filed thereto, it shall be returned to the Superior Court of the county where the property lies for trial and determination, as other claims returned to the Superior Courts. Levies and Claims. Sec. 34. Be it further enacted, That all laws now of force in this State, or that may hereafter be passed with reference to any matters over which said City Court has jurisdiction, shall apply to said City Court as far as the nature of the same will permit. State laws concerning city courts. Sec. 35. Be it further enacted, That it shall be the duty of all committing Courts in Twiggs County to bind over to said City Court for trial, or to commit for trial by said City Court, all persons committed or admitted to bail by them for misdemeanors, and all persons charged with such offenses in Twiggs County may be brought directly before the Judge of said City Court for trial, without any previous commitment trial. Whenever any person is committed to jail in Twiggs County for any offense within the jurisdiction of the City Court of Jeffersonville, it shall be the duty of the jailer to communicate that fact to the Judge of said Court as soon as practicable, and it shall be the duty of the Judge, on receiving such information in any manner, to grant as speedy a trial as the circumstances of the case will permit. Said City Court shall be open at all times for the trial of criminal cases. Misdemeanors. Sec. 36. Be it further enacted, That all criminal cases in said City Court including cases transferred from the Superior Court of Twiggs County, shall be tried by the Judge of said City Court without a jury unless a jury is demanded by the defendant, but before the defendant is arraigned, either on an indictment, presentment or accusation, the Judge shall demand of the defendant or his attorney whether he demands a trial by jury, and the response of the defendant or his attorney as to whether or not he demands a jury trial shall be entered on the indictment, presentment or accusation

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by the prosecuting attorney of said Court. If the defendant demands a trial by jury and the Court is not sitting at a regular term at which a jury is empaneled, the Judge shall admit the defendant to bail to appear at the next quarterly term; or, on the defendant's failurue to give bond, the Judge shall commit him to jail for trial at the next quarterly term. If the defendant waives a jury trial, then the Judge shall proceed to hear and determine such criminal cause without a jury; provided, always, that a reasonable time shall be granted the State or the defendant to procure witnesses. Criminal cases. Jury trial demanded. Sec. 37. Be it further enacted, That the defendant in criminal cases in said City Court may be tried on written accusation setting forth plainly the offense charged, founded upon an affidavit of the prosecuter, and signed by the Solicitor of said City Court, or by a Solicitor pro tem, properly appointed. And in no criminal case within the jurisdiction of said City Court shall the defendant have a right to demand an indictment by the grand jury of Twiggs County. All the proceedings after accusation shall conform to the rules governing like cases in the Superior Courts, except that there shall be no jury trial unless demanded by the accused as heretofore set out. In all cases tried, the accusation shall set forth the offense with the same particularity, both as to matter of form and of substance, and is now or may hereafter be, allowed or required by the laws and rules of criminal pleading to be observed in bills of indictment in the Superior Courts. If upon the trial of any case it shall appear to the Judge from the evidence that a felony has been committed, he shall thereupon suspend the trial and commit or bail over the defendant to the next Superior Court, as in preliminary investigations. Written accusation. No grand jury indictments. Felonies. Sec. 38. Be it further enacted, That the Judge of the Superior Court of Twiggs County, or any Judge presiding therein, may by order transfer all presentments and bills of indictment by the grand jury for

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offenses within the jurisdiction of the City Court of Jeffersonville, the order transmitting said cases to be entered on the minutes of both Courts. All bonds returnable to the Superior Court shall follow the case to the City Court when so transferred, and the defendant in such case shall be bound to appear at said City Court at its next regular monthly term or quarterly term (according to whether the next term is a monthly term or a quarterly term) sitting after such bill is transferred. Transfer of presentments and bills of indictment. Sec. 39. Be it further enacted, That in all misdemeanor cases transferred to the City Court from the Superior Court the costs of the Solicitor of the Circuit shall be five dollars, to be collected and paid as cost in the City Court. Costs of solicitor in misdemeanor cases. Sec. 40. Be it further enacted, That at or within ten days after the close of the regular term of said City Court and oftener if he shall deem it proper to do so, the Judge shall distribute said fines and forfeitures arising from cases tried in this Court, as follows: Distribution of fines and forfeitures. Fines and forfeitures arising from cases originating in this Court shall be pro rated among the Solicitor, the Sheriff of said City Court, the Justice of the Peace, and Constables on their bills for insolvent costs; fines and forfeitures arising from cases transferred from the Superior Court to said City Court shall be pro rated among the Solicitor, Clerk and Sheriff of said City Court, the Solicitor, Clerk and Sheriff of the Superior Court, and the Justices of the Peace and Constables upon their bills for insolvent cost in transferred cases. If at any time there should be a surplus of the insolvent cost funds arising from cases originating in the City Court, the same shall be applied to the payment of insolvent costs in cases transferred to the City Court, and vice versa. The Judge of said City Court shall, before paying insolvent bills, approve the same, and have them entered on the minutes of said Court, and said bills for insolvent costs shall be a lien on funds arising from

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fines and forfeitures in said Court superior to all other liens. Sec. 41. Be it further enacted, That the first or second term of either the monthly or quarterly session shall be the trial term of any civil case tried in said Court, according to whether the first or second term would be the trial term if the said case were in the Superior Court, it being the intention of this Act that the procedure in the said City Court shall be the same as that in the Superior Court, with the exception that in case the monthly or quarterly terms where no issuable defense is filed at or before the calling of the appearance docket of term to which said case is brought, such cases shall be marked by the Judge in default and shall stand for trial at that term of the Court. The appearance docket of neither term shall be called before eleven o'clock A. M. of the first day of the term. All laws with reference to the opening of defanlts, setting aside judgments, etc., applicable to the Superior Court shall apply to the City Court of Jeffersonville, unless otherwise provided for in this Act, or unless inconsistent with the Constitution of said City Court or some of its modes of procedure provided for in this Act. Trial terms. Defaults, etc. Sec. 42. Be it further enacted, That this Act shall become effective, and said Court shall be operative, beginning December 1, 1920, provided that a majority of the votes cast in the general election to be held in Twiggs County on Tuesday after the first Monday in November, 1920, shall be in favor of establishment of said Court. At said election those who favor the City Court as provided in this Act shall have written or printed on their ballots, For City Court, and those who oppose the City Court as provided in this Act, shall have written or printed on their ballots Against City Court, and if majority of the votes cast at said election shall be Against City Court the provisions of this Act shall be of no effect; but if the majority of the votes cast at

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said election shall be For City Court, thereupon the provisions of this Act shall go into full effect, and said City Court shall be established and the third Monday in December, 1920, shall be the first term of said Court. The returns of said election shall be made to the Ordinary of Twiggs County, and the returns consolidated and results declared by said Ordinary. Effective Dec. 1, 1920. Election to ratify. Section 43. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920. LOUISVILLE CITY COURT ACTS AMENDED. No. 600. An Act to amend an Act entitled An Act creating the City Court of Louisville, for the County of Jefferson, to define its jurisdiction and powers; to provide for the appointment of a Judge and Solicitor, and other officers thereof, and for other purposes, so as to provide for the increase of the jurisdictional amount at the monthly term up to the principal sum of five hundred dollars. Said Act approved August 19, 1911; also to amend an Act amending the above named Acts which provided for the election of the Judge and Solicitor of said Court by the people and fixing the terms of each of said officers at two years, so as to provide that said terms shall be four years; and to provide also that the Judge of the City Court shall receive fifteen hundred dollars per annum and the Solicitor of said Court to receive not more than twelve hundred dollars to be fixed as provided in the amending Act approved August 8, 1917, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that from and after the passage of this Act, the Act creating the City Court of Louisville, approved August 19, 1911, be so amended as to provide that the monthly term of said Court shall have jurisdiction of all proceedings and issues when not over five hundred dollars ($500.00) principal is involved. Act of 1911 amended. Jurisdiction of monthly term. Section 2. Be it further enacted by the same authority that the Act creating the City Court of Louisville, as amended by an Act approved August 8, 1917, be so amended as to provide that from and after January 1st, 1921, the Judge of said Court shall receive a salary of fifteen hundred dollars annually, and that the maximum salary which may be fixed for the Solicitor of said Court shall be twelve hundred dollars instead of nine hundred dollars. Judge's salary. Solicitor's salary. Section 3. Be it further enacted by the same authority that the Act amending the Act creating the City Court of Louisville, approved August 8, 1917, be so amended as to provide that the terms of the Judge and Solicitor of the City Court of Louisville shall be four years instead of two, as provided for in said amending Act, so as to make the election and length of terms of said Judge and Solicitor concurrent with the election and length of terms of the county officers, as now provided in the Constitution; provided, that if at any time hereafter, the election and length of terms of the county officers should be changed from four years to any other of different period of time, then and in that event the election and terms of said Judge and Solicitor shall be concurrent therewith. Act of 1917 amended. Terms of judge and solicitor. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 10, 1920.

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MACON CITY COURT DEPUTY CLERK'S SALARY. No. 422. An Act to amend An Act to establish the City Court of Macon, in and for the County of Bibb, to define its jurisdiction and powers; to provide for the appointment of a Judge, and the other officers thereof, and for other purposes, approved August 14th, 1885, and the Act amendatory thereof approved August 16th, 1915, by increasing the salary of the Deputy Clerk of said Court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, that Section 7 of the Act creating the City Court of Macon, approved August 14, 1885, as amended by Section 2 of the Act approved August 16, 1915, be amended by striking from said Section 7 as so amended, wherever they occur, the words and figures not exceed one thousand, five hundred dollars ($1,500.00) and inserting in lieu thereof the words and figures be two thousand, one hundred dollars ($2,100.00), so that said Section 7, when so amended, shall read as follows: Act of 1885 amended. Section 7. Be it further enacted, That there shall be a clerk of said Court, who shall be appointed by the Judge thereof; said clerk shall before entering on the duties of his office take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said Court; he shall also, before entering on the duties of his office, execute a bond with good security in the sum of three thousand ($3,000.00) dollars conditioned to account for all money which may come into his hands as clerk and for the faithful discharge of the duties of his office; he shall hold his office during the term of two (2) years. Said clerk shall receive in lieu of fees, in both civil and criminal cases, a salary of three thousand ($3,000.00) dollars per annum, to be paid monthly out of the treasury

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of Bibb County by the person or persons charged by law with paying out the money of said county; and the clerk of said Court shall have power, by and with the consent of the Judge thereof, to appoint a deputy clerk whose compensation shall be two thousand one hundred dollars ($2,100.00) per annum to be paid as the salary of said clerk is paid. To be read. Deputy clerk's salary. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be hereby repealed. Approved July 24, 1920. MADISON CITY COURT ACT AMENDED. No. 620. An Act to amend Section 2 of an Act entitled An Act to establish the City Court of Madison in and for the County of Morgan, to define its jurisdiction and powers, to provide for the election of the Judge and other officials thereof, to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved August 15th, 1910, and to provide for the increase in the salary of the Judge and Solicitor of said Court, and to provide for the payment of the salary of said Solicitor so that the same shall be paid first from the fees earned by said Solicitor of said Court, and when said fees are not sufficient to pay the salary of said Solicitor then the same shall be paid or supplemented from the fines and forfeitures arising in said City Court of Madison whenever there is a sufficient amount of the same in the hands of the Treasurer of the County of Morgan or in the hands of other officials of said county handling the founds of the County of Morgan.

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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, line twenty, Section 2 of An Act to establish the City Court of Madison, in the City of Madison, in and for the County of Morgan, to define its jurisdiction and powers, to provide for the election of the Judge and other officials thereof, to provide for pleading and practice, and new trials therein, and of writs of error therefrom, and for other purposes, approved Aug. 15, 1910, be and the same is hereby amended by striking therefrom the words fifteen hundred and inserting in lieu thereof the words eighteen hundred, so that said Section 2, when so amended, shall read as follows: Act of 1910 amended. Section 2. Be it further enacted by the authority aforesaid, That the Judge of said Court shall be elected by the people of Morgan County; that his term of office shall be four years and until his successor is elected and qualified, and all vacancies in said office of Judge shall be filled by a special election to be called by the Ordinary of said county within thirty days of the occuring of said vacancy, and it is hereby made the duty of the Ordinary to call said election in such case. The first election shall be held at the regular election, in October, 1912, and the term of office of the person elected shall begin January 1st, thereafter, but this shall not be construed to prohibit a special election to be called by the Ordinary to fill a vacancy should one occur in said office prior to October, 1912. Provided, however, that the present Judge of the County Court, K. S. Anderson, shall be the Judge of said City Court and is hereby appointed Judge of said Court for and during his unexpired term as Judge of the County Court, and until January 1st thereafter. The Judge of said Court shall receive a salary of eighteen hundred dollars per annum, which salary shall be paid monthly by the treasurer of Morgan County, and it shall be the duty of the Commissioners of Roads and Revenues of said county, or other

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proper officers, to make provisions annually and levy the taxes for this purpose. The said Judge shall receive no other compensation but may practice law in any Court except his own. 2 read. Judge's salary. Sec. 3. Be it further enacted by the authority aforesaid, That line sixteen, Section 4, of said Act be and the same is hereby amended by striking therefrom the words Twelve Hundred, and inserting in lieu thereof the words Eighteen Hundred, and by further amending said Section 4 by inserting after the word From and before the word The in line eighteen of said Secton 4, the words The fees earned by said Solicitor of said Court and when said fees are not sufficient to pay the salary of said Solicitor then the same shall be paid or supplemented from the sum arising from fines and forfeitures of said City Court of Madison, so that said section, when so amended, shall read as follows: 4 amended. Sec. 4. Be it further enacted by the authority aforesaid, That the duty of Solicitor of said Court shall be to prosecute for all offenses cognizable before said Court. His term of office, the manner of his election and the manner of filing vacancies in said office shall be the same as in the case of the Judge as provided in Section 2 hereof; provided, however, the present Solicitor of the County Court, A. G. Foster, shall be Solicitor of said City Court and is hereby appointed Solicitor of said City Court for and during his unexpired term as Solicitor of County Court, until January 1st, thereafter. No one shall be eligible for the office of Solicitor unless he, at the time of his appointment, is at least twenty-five years old and a resident of the territory embraced in the County of Morgan, and must have practiced law two years. The said Solicitor shall receive for his services a salary of eighteen hundred dollars per annum, to be paid monthly by the treasurer of Morgan County. The salary of said Solicitor shall

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be paid from the fees earned by said Solicitor of said Court and when said fees are not sufficient to pay the salary of said Solicitor then the same shall be paid or supplemented from the sum arising from the fines and forfeitures of said City Court of Madison, whenever there is a sufficient amount of the same in the hands of the treasurer. Should there, at any time when the said Solicitor's salary becomes due, not be in the hands of the said treasurer enough of said funds to pay said salary, then the balance lacking after the funds arising from the fines and forfeitures of said Court have been exhausted, shall be made up and paid out of any other funds in the hands of said treasurer. In the absence or disqualification of said Solicitor, the City Court Judge shall appoint a Solicitor pro tem, who shall receive for every case finally disposed of in said Court found upon open accusation or indictment, a fee of ten dollars, to be paid by the treasurer of Morgan County, upon certificate or orders of said City Court Judge. There shall be collected in each case for Solicitor's fees the same fees that are allowed Solicitor-General for similar services in the Superior Court, which shall be paid to the treasurer of Morgan County. To be read. Solicitor's salary. Manner of payment. Sec. 3. Be it further enacted by the authority aforesaid, That the increase of salary of the Judge and Solicitor of said City Court of Madison as hereinbefore provided for, shall become effective January 1st, 1921, and not before. Effective Jan. 1, 1921. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1920.

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METTER CITY COURT ESTABLISHED. No. 445. An Act to establish the City Court of Metter, in the City of Metter, in the County of Candler; to define its jurisdiction and powers, to provide for a Judge, a Solicitor, and other officers thereof, and fix their compensation; to regulate proceedings, pleadings, practice, and new trials therein; to provide for direct bill of exceptions and writs of error thereupon; to provide that no person prosecuted in said City Court shall have the right to demand an indictment by the grand jury of said county; to provide for the transfer of misdemeanor cases, not disposed of at the term of the Court at which indictments are found, from the Superior Court of said county to the 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 from and after the passage of this Act, the City Court of Metter, by that name, is hereby created and established, to be organized, located and held in the City of Metter, in Candler County, Georgia, with jurisdiction, civil and criminal, over the entire County of Candler. Establishment. Sec. 2. Be it further enacted by the authority aforesaid, That said City Court shall have jurisdiction to try and dispose of all civil cases of whatever nature, except those cases over which exclusive jurisdiction is vested in other Courts by the Constitution of Georgia; provided, that in all civil cases of Justice Court jurisdiction brought in said City Court, where the amount sued for, including interest and attorney's fees, is less than Fifty ($50.00) Dollars, the defendant shall not be liable to pay more than Justice Court costs, and the plaintiff upon filing his suit in such cases shall deposit with the Sheriff one dollar for each defendant to be served. Jurisdiction.

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Sec. 3. Be it further enacted by the authority aforesaid, That said City Court shall have jurisdiction to try and dispose of all criminal cases for offenses below the grade of felony committed in Candler County, Georgia, and no person prosecuted in said City Court shall have the right to demand an indictment by the grand jury of said county. Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a Judge of said City Court of Metter, who shall be elected by the qualified voters of Candler County, at the general election every four years under the rules and regulations that govern the election of members of the General Assembly, and who shall hold office for a term of four years and until his successor is elected and qualified. The first election for said Judge for the full term of four years shall be held at the general election in November, 1920, and the Judge elected on said date shall go into office on the first day of January, 1921, and the first Judge of said City Court, who shall hold office from the date of his appointment until the first day of January, 1921, shall be appointed by the Governor of Georgia within ten (10) days after the approval of this Act. A vacancy in the office of Judge of said City Court shall be filled by appointment by the Governor for the unexpired term. The Judge of said City Court shall not practice law in his own Court, but may practice in other Courts. Judge, Election. Term of office. Vacancies. Sec. 5. Be it further enacted by the authority aforesaid, That any person who shall be elected or appointed Judge of said City Court must, at the date of his election or appointment, be at least twenty-five years of age, must have been a practicing attorney at least three years, and must have resided in Candler County at least one year immediately prior thereto, and he shall, before entering upon the discharge of his duties take and subscribe the following oath: I swear that I will administer justice without respect to persons, and do equal

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rights to the poor and rich, and that I will faithfully and impartially discharge and perform all of the duties incumbent on me as Judge of said City Court of Metter, according to the best of my ability and understanding, and agreeably to the law and Constitution of this State and the Constitution of the United States, so help me God, which oath shall be forwarded promptly to the Governor and filed in the Executive Department. The Judge of said City Court shall receive a salary of twelve hundred ($1,200.00) a year, which shall be paid monthly out of the treasury or depository of Candler County, as other current expenses are paid, by the Board of Commissioners of Roads and Revenues (or the Ordinary, if he is charged with the administration of the county affairs) of said county, and such county authority shall annually make provision by levying taxes for this purpose. Eligibility. Oath of office. Salary. Sec. 6. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of said City Court, who shall be elected or appointed at the same time, in the same manner, and for the same term as the Judge of said Court, who shall have been a practitioner of law and a resident of Candler County for one year prior to his election or appointment. A vacancy in the office of the Solicitor of said City Court shall be filled in the same manner as a vacancy in the office of Judge thereof is filled. The duties of the said Solicitor shall be to prosecute all offenses cognizable before said City Court, and shall represent the State in all cases carried to higher Courts. The said Solicitor shall receive a salary of nine hundred ($900.00) dollars a year, which shall be paid in the same manner as the Judge's salary is paid. In the absence or disqualification of the Solicitor of said City Court, the Judge thereof shall appoint a Solicitor pro tem, who shall discharge the same duties as the Solicitor, and for such services he shall receive the sum of $10 for each conviction and $5.00 for each plea of guilty entered, which fee is to be paid out of the salary of the Solicitor. The Solicitor of said City Court, before

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entering upon the discharge of his duties, shall take and subscribe the following oath, to-wit: I do solemnly swear that I will faithfully and without fear, favor or affection, and impartially, and to the best of my ability and understanding, discharge all the duties devolving upon and required of me as Solicitor, so help me God. The said oath shall be filed in the Clerks' office of said Court, and entered upon the minutes of said Court. Solicitor. Term. Vacancies. Duties. Salary. Solicitor pro tem. Fees. Oath of office. Sec. 7. Be it further enacted by the authority aforesaid, That the Clerk of the Superior Court of Candler County shall be ex-officio Clerk of said City Court, and in his official connection as such known as the Clerk of the City Court of Metter, and he shall before entering upon the discharge of his duties take and subscribe the following oath: I do swear that I will truly and faithfully enter and record all the orders, judgments and other proceedings of said City Court of Metter, and all other matters and things which ought by me to be recorded, and that I will faithfully and impartially discharge and perform all of the duties required of me, to the best of my understanding, so help me God, which oath shall be promptly entered on the minutes of said City Court. He shall also before entering upon the discharge of his duties, execute a bond with good security in the sum of one thousand dollars for the faithful discharge of all the duties of his office. He shall have authority to appoint a deputy as provided in the Code of Georgia for the appointment of a deputy of the Superior Court. Clerk. Oath of office. Bond. Deputy. Sec. 8. Be it further enacted by the authority aforesaid, That the Sheriff of Candler County shall be ex-officio Sheriff of said City Court, and in his official connection as such known as the Sheriff of the City Court of Metter. Before entering upon the discharge of his duties he shall take and subscribe the following oath, to-wit: I do swear that I will faithfully execute all writs, warrants, precepts and processes directed to me as Sheriff of the City Court of Metter I can lawfully execute, and true returns made, and in all things, well

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and truly, without malice or partiality, perform the duties of the office of Sheriff of the City Court of Metter, during my continuance therein, and to take only my lawful fees, so help me God, which oath shall be promptly entered on the minutes of said City Court. He shall also before entering upon the discharge of his duties execute a bond with good security in the sum of five thousand dollars for the faithful performance of the duties of his office. He shall have authority to appoint a deputy as provided in the Code of Georgia for the appointment of a Deputy Sheriff of the Superior Court. Sheriff. Oath of office. Deputy. Sec. 9. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the office of the Clerk of the Superior Court and the office of the Sheriff of Candler County, so far as the same are not inconsistent with this Act, shall be attached to the office of Clerk of said City Court and to the office of Sheriff of said City Court, respectively, and the Judge of said City Court is empowered to enforce the same authority over the Clerks and the Sheriff of said City Court as the Judge of the Superior Courts are empowered to exercise over the Clerks of the Superior Court and the Sheriffs of the counties of Georgia. Clerk and sheriff; duties and liabilities. Sec. 10. Be it further enacted by the authority aforesaid, That the Clerk and Sheriff of said City Court shal receive the same fees for their services in said City Court as are allowed by law for like services in the Superior Courts, except as otherwise provided in this Act, and they shall be amenable to the same processes and penalties as they are amenable to as officers of the Superior Courts, and they shall be entitled to the same remedies to enforce the collection of their fees and cost in said City Court as they are entitled to in the Superior Court, except as otherwise provided for in this Act. Fees. Sec. 11. Be it further enacted by the authority aforesaid, That the terms of said City Court shall be monthly and quarterly, the monthly terms to be held beginning

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on the second Monday in each and every month of the year, and the quarterly terms to be coincident with the monthly terms in January, April, July and October. Said City Court shall be held in the court house of Candler County in the City of Metter, and, when necessary, juries shall be drawn and serve at the quarterly terms, as hereinafter provided, and all of the terms of said Court shall continue until the business of the Court is disposed of, unless adjourned for good cause. The Judge of said City Court is hereby authorized to try any criminal case coming within the jurisdiction of his Court, upon the law and the facts of the case when a jury is not required under this Act, on any day, except Sunday, and this shall be especially done to relieve the jail of prisoners, consistent with the interests of the State and the accused and the Judge may, in his discretion, for the trial of criminal cases in which juries are required, hold adjourned quarterly terms or special jury terms of said Court, for which he may require the attendance of the regular adjourned term juries or draw. new juries; provided, that juries especially drawn shall have at least ten days' notice of the same. Terms of court. Trials of criminal cases. Sec. 12. Be it further enacted by the authority aforesaid, That the judge of said City Court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same manner and with the same powers as Judges of the Superior Court may exercise. Habeas corpus. Sec. 13. Be it further enacted by the authority aforesaid, That suits in said City Court shall in all respects conform to the mode of proceeding in the Superior Courts, so far as applicable under this Act; the processes of writs shall be annexed by the Clerk of said City Court, be attested in the name of the Judge thereof, and be directed to and served by the Sheriff of said City Court, and in all matters of pleading and practice, the laws applicable in the Superior Courts, where not inconsistent with this Act, shall be applicable in said City Court. Procedure.

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Sec. 14. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have power and authority to hear and determine without a jury all civil and criminal cases of which said City Court has jurisdiction and to give judgment and execution therein, provided, if either party in a civil case or the defendant in a criminal case is entitled to a trial by jury under the Constitution and laws of this State, he shall be entitled to a trial by a jury of twelve in said City Court by entering a demand in writing therefor by himself or his attorney on or before the call of the docket at the appearance term in civil cases, and on or before the call of the case for trial in criminal cases; however, any case not tried before the Judge without a jury shall be tried in said City Court by a jury of six, unless a jury of twelve has been demanded as hereinbefore set out; and provided further that the Judge of said City Court may, when in his opinion the ends of justice may demand it, submit any case, either civil or criminal, to a jury in said Court whether a jury is demanded or not. Hearings without juries. Jury trials. Sec. 15. Be it further enacted by the authority aforesaid, That all judgments obtained in said City Court shall be liens on all the property of the defendant throughout the State, in the same manner as judgments of the Superior Courts are, but property exempt from levy and sale under the laws of the State shall be exempt from levy and sale under process from said City Court, and all executions issuing from said City Court shall be attested in the name of the Judge thereof and signed by the Clerk and directed to the Sheriff of said City Court or his deputies and to all and singular, the Sheriffs and their deputies of the State of Georgia. Liens on property. Sec. 16. Be it further enacted by the authority aforesaid, That said City Court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process for said City Court, and such claims shall be tried in the same manner as such

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claims in the Superior Court are tried. Claims to real estate levied on under execution or other process from said City Court shall be returned to the Superior Court, as now provided by law, and tried in the same manner as such claims in the Superior Court are tried. Claim cases. Sec. 17. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and garnishments, as they apply in the Superior Courts of this State, shall apply in said City Court, as if named with the Superior Courts, so far as the nature of said City Court will admit. Attachments in and returnable to said City Court shall be directed to the Sheriff and his deputies of said City Court and to all and singular the Sheriffs and Constables of this State, and the Judge of said City Court and Justices of the Peace and Notaries Public, ex-officio Justices of the Peace, may issue attachments and distress warrants to said City Court under the same laws that govern the issuing of attachments and distress warrants returnable to the Superior Court, and all garnishment and attachment proceedings on distress warrants in said City Court shall be conformable to the laws of the State on these subjects in the Superior Courts. Attachments and garnishments. Sec. 18. Be it further enacted by the authority aforesaid, That scire facias to make parties to any cause or revive judgments in said City Court shall be had as in the Superior Courts, and such scire facias shall run throughout the State, and may be served by any Sheriff or his deputy. Scire facias. Sec. 19. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have power to cause testimony to be taken de bene esse, and for the purpose of perpetuating the same, within his jurisdiction, in all cases according to the general laws of the State, and the Judge and all other officers of said City Court shall have power to administer oaths pertaining to their offices, respectively, as the Judge and other

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officers of the Superior Courts may in like cases do; and the Judge of said City Court shall have power to issue warrants, attest deeds and other papers, and administer affidavits in which by law warrants may be issued deeds and papers may be attested, and affidavits administered by Judges of the Superior Courts; and the Judge of said City Court shall have power to enforce his orders and judgments, to preserve order, and punish for contempt, the same as is vested in Judges of the Superior Courts of this State. Powers of judge. Testimony de bene esse. Oaths. Warrants, deeds, etc. Contempts. Sec. 20. Be it further enacted by the authority aforesaid, That said City Court shall be a court of record, and shall have a seal, and the minutes, records, orders, other books and files required by laws and rules to be kept in and for said City Court and in the same manner, except that the Clerk shall not be required to enter on the writ record the pleading in cases of Justice Court jurisdiction where the amount sued for, including interest and attorney's fees, is less than fifty ($50.00) dollars, but he shall preserve them in his file, and all the laws applicable to the duties of the Clerk and Sheriff in the Superior Courts as to minutes, records, orders, other books and files shall apply to the Clerk and the Sheriff of said City Court, so far as the same are not inconsistent with this Act. Court of record. Sec. 21. Be it further enacted by the authority aforesaid, That it shall be the duty of the Clerk of said City Court to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Candler County, as provided from time to time for the Superior Court; and from said copy so made traverse juries in said City Court shall be drawn in the following manner: The Clerk of said City Court shall write upon separate tickets the name of said traverse jurors, and together with the Judge shall place the same in a box to be prepared for that purpose, from which shall be drawn twenty-four traverse jurors, in the same manner and under

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the same rules as are applicable in the Superior Courts, disregarding for this purpose any reference to the monthly terms of said City Court; and all laws with refernce to summoning jurors in the Superior Court shall apply in said City Court, and the Sheriff shall be paid ten ($10.00) dollars for summoning jurors for each quarterly term of the Court. All exemptions from jury duty of force in the Superior Courts shall apply in said City Court, and laws as to the qualification, relationship, empaneling, challenging and fining jurors of force in the Superior Courts shall apply and be observed in said City Court, when not inconsistent with this Act. If by reason of disqualification or otherwise, said panel of twenty-four jurors is not full, the judge shall direct the same to be filled by tales jurors, in the same manner as in the Superior Courts. When a jury of six is required under this Act, twelve shall constitute a panel, from which in civil cases each shall strike three, and criminal cases the defendant shall strike four and the State two. When a jury of twelve is required under this Act, twenty-four shall constitute a panel, from which in civil cases each shall strike six, and in criminal cases the defendant shall strike seven and the State five. Each juror shall be paid for his service two dollars a day while acting as a juror in said City Court. Traverse juries. Exemptions from duty. Tales jurors. Panels. Compensation. Sec. 22. Be it further enacted by the authority aforesaid, That the Sheriff of said City Court shall have authority to appoint such Court Bailiffs as he may need during quarterly terms of said Court, not to exceed two, and such Bailiffs shall each be paid two dollars a day for the days they actually serve. Bailiffs. Sec. 23. Be it further enacted by the authority aforesaid, That the defendant in criminal cases in said City Court shall be tried on a written accusation, setting forthe plainly the offense charged, founded upon the affidavit of the prosecutor and signed by the Solicitor of said City Court and the offense shall be charged with

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the same particularity, both as to matter of form and of substance, and is required by the laws and rules of criminal pleading in such cases in the Superior Courts of this State, and the defendant shall sign by himself or his attorney on the back of the accusation whether he pleads guilty or not, and if he pleads not guilty whether he demands a jury or not, and if jury demanded, whether he demands a jury of twelve or six as hereinbefore provided in this Act. All proceedings after accusation shall conform to the rules governing like cases in the Superior Courts; except as otherwise provided in this Act. Written accusation. Sec. 24. Be it further enacted by the authority aforesaid, That the Judge of the Superior Court of Candler County may send down from his court to said City Court for trial and final disposition or presentment, and indictment for misdemeanors, which may be undisposed of at the close of each term of his court, and the order transmitting such cases shall be entered on the minutes of both of said courts; provided that in all cases so transferred the Solicitor-General of the Judicial Circuit in which Candler County may be located at the time of such transfer shall be entitled to his accrued cost, to be paid only from fines and forfeitures received in each particular case so transferred; and provided further that such Solicitor-General has not been placed upon a salary Transmission of certain cases. Sec. 25. Be it further enacted by the authority aforesaid, That the justices of the peace and notaries public ex-officio justices of the peace, of Candler County may bind over to said City Court in the same manner as commitments are made to the Superior Court, all persons charged with offenses over which said City Court has jurisdiction, there to answer for said offenses; provided that such person be not discharged by the committing court. Commitments to city court.

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Sec. 26. Be it further enacted by the authority aforesaid, That a writ of error shall be from said City Court of Metter to the Supreme Court or the Court of Appeals upon a bill of exceptions filed under the same rules and regulations as govern and control in the granting of writs of error and filing bills of exception in the Superior Courts of this State. Writs of error. Sec. 27. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have power to grant new trials in cases, civil or criminal, in his court upon the same terms and conditions and under the same laws and regulations as govern the granting of new trials in the Superior Courts. All rules of procedure, pleading, and practice governing motions, rules nisi, and other proceedings in new trials in the Superior Courts shall apply to and govern the same in said City Court. When a criminal case is heard and determined out of term time and the defendant desires to move for a new trial, such motion shall be made at once, and the same shall be passed upon rendition of the judgment complained of, and not afterwards, unless for good cause further time may be by order granted, in the discretion of the Judge. In other respects such motions shall be governed by the ordinary rules aforesaid. New trials. Sec. 28. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners or joint trespassers, in which one or more reside in Candler County may be brought in said City Court under the same rules and regulations governing such cases in the Superior Court, mutatis mutandis, as to copies, second originals, returns and other matters connected with the suit. Suits against copartners, etc. Sec. 29. Be it further enacted by the authority aforesaid, That the general laws of this State, as they obtain in and apply to the Superior Courts shall obtain in and apply to said City Court, with reference to the commencement of suits, defenses, set offs, counter claims,

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procedure, pleadings, practice, trials, continuances, affidavits, illegalities, interrogatories, arbitration of parties, witnesses, motions, waivers, pleas, and other matters, of a judicial nature, except as otherwise provided in this Act. General laws applicable. Sec. 30. Be it further enacted by the authority aforesaid, That suits for not over one hundred dollars, principal, and all issues and proceeding when not over one hundred dollars in value is involved may be returnable to the monthly sessions of said City Court and stand for trial at the first term. All other causes and proceedings must be brought to the quarterly term of said City Court and all issues formed therein shall stand for trial at the first or second term, as similar cases would be tried in Superior Court. Judgments 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 a personal service, and where no issuable defense is filed by the defendant. Suits for not over $100. Sec. 31. Be it further enacted by the authority aforesaid, That whenever the judge of said City Court is from any cause disqualified from presiding in any case, and the judge of the Superior Court can not preside, as provided in the Constitution, then, upon consent of the parties or upon failure or refusal to agree said case shall be tried by a judge pro hac vice, selected in the same manner as provided for in the Superior Courts, or by any other City Court judge in said State. Judge pro hac vice. Sec. 32. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said City Court at any term thereof, the Sheriff or the Clerk of said court may adjourn court to such time as the Judge may in writing direct, or if no direction be given, the court shall stand adjourned to the next regular term thereof. Adjournment in judge's absence. Sec. 33. Be it further enacted by the authority aforesaid, That all moneys arising from fines and forfeitures

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in said City Court shall be paid over to the Clerk of said court, and upon order of the Judge thereof, said moneys shall be divided as follows: One-half of such money shall be turned over to the county authorities of Candler County immediately after same is received by said Clerk; and immediately after each quarterly term of said court one-fourth of such money shall be paid to the Clerk of said court and one-fourth to the Sheriff of said court, provided that the insolvent cost bill of said Clerk equals or exceeds such one-fourth and provided that the insolvent bill of said Sheriff equals or exceeds such one-fourth. In the event that the insolvent cost bill of the Clerk or Sheriff does not equal in amount to such one-fourth such cost bill to be fully paid and the balance of such one-fourth to be paid over to the county authorities aforesaid. In the event that the insolvent cost bill of the Clerk or Sheriff should not be fully paid at any settling period, such unpaid balance shall not be carried forward or figured in the next or subsequent settlement. Fines and forfeitures. Sec. 34. Be it further enacted by the authority aforesaid, 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; and all civil cases in said court may be reported at the request of either plaintiff or defendant, when the amount involved is five hundred dollars or more, and at the request of both plaintiff and defendant when the amount involved is less than five hundred dollars, and the fee for reporting such case shall be at the rate of 7 cents per hundred words for taking down and 7 cents per hundred words for transcribing, the fee to be paid by the plaintiff and defendant equally. It shall be the duty of said stenographer to take down the testimony and charge of the Court in all criminal cases tried in said City Court when demanded by the defendant, and for his services the defendant shall pay such reporter the same fee allowed for reporting and transcribing in civil cases. Stenographer. Fees.

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Sec. 35. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues (or the Ordinary, if he is charged with the administration of county affairs) of Candler County shall provide a suitable place in the court house of Candler County in the City of Metter for the holding of said City Court, and they shall procure and provide for the preservation of the necessary books, dockets, minutes, and records for said City Court, and they shall provide the necessery expenses of conducting said City Court, agreeably to the terms of this Act. Location of courthouse. Sec. 36. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 29, 1920. MILLEN CITY COURT ACT AMENDED No. 618. An Act to amend an Act entitled An Act to establish the City Court of Millen, in and for the County of Jenkins, approved August 19, 1919, as will be found in Georgia Laws, 1919, pages 102-108 providing for an increase in the salary of the Judge and Solicitor thereof, and for an increase in the fees of the Sheriff and Clerk thereof, and for the appointment of a Deputy Clerk, for creating a Special Fund to pay insolvent costs, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act establishing the City Court of Millen, approved August 19, 1912, as amended by an Act approved August 19,1919, be, and the same is, hereby amended by striking out all of Section 5 of said amended Act, as will be found on page 505 of the

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Georgia Laws for 1919, and inserting in lieu thereof the following: Act of 1919, 5 stricken. Section 5. Be it further enacted by the authority aforesaid, That the Act establishing the City Court of Millen, approved August 19, 1912, be and the same is hereby amended by striking Section 45 of said Act and inserting in lieu thereof the following: Act of 1912, 45 stricken. Section 45. Be it further enacted by the authority aforesaid, That the Sheriff of said City Court shall receive for his services in criminal cases the same fees as are allowed sheriffs of Superior Courts for like services, with the exception that said sheriff shall receive no turnkey fees except as hereinafter provided, and shall be allowed the sum of $3.00 per day for attending the regular monthly and quarterly terms of said court. If necessary for him to have a deputy, or special bailiff or bailiffs, in attendance before the quarterly term, or monthly term of said court, he shall receive the sum of $3.00 per day for services of such deputy or bailiffs. The riding bailiffs shall be paid as in Superior Court. Provided, further, that said sheriff of said City Court of Millen shall keep an itemized statement of all insolvent costs in all criminal cases arising under the jurisdiction of said City Court of Millen, which he shall make out monthly and which shall be approved by the Judge of said City Court of Millen and filed and recorded by the Clerk thereof, and half of all fines and forfeitures arising in said City Court of Millen from criminal cases shall be set aside by the County Commissioners as a special fund for the payment of said insolvent cost bills as herein mentioned, but no insolvent cost of any kind shall be paid out of any fines or forfeitures except only from fines and forfeitures arising and paid in during the year in which said insolvent cost accrues and are approved by the Judge and filed with the Clerk; and a record of said insolvent cost bills and said insolvent cost funds as above provided shall be kept

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by the Clerk and a complete monthly and annual statement thereof shall be rendered to the County Commissioners. All Constables shall be likewise entitled to have their insolvent cost bills approved and paid out of said special fund for like services as the sheriff of said City Court of Millen, and said parties shall be entitled to priority of payment according to the date of the approval of the Judge of said City Court of Millen and filing with the Clerk, provided that all such bills approved on same date shall be of equal rank. Said Clerk shall be entitled to a special fee of 7.50 for each monthly report and $10.00 for each annual report, to be paid first out of said special fund herein provided for, together with the bill for his deputy as hereinafter provided. Said Clerk shall include in his monthly and annual report to the County Commissioners the amount of said special fund and the amount and name of all parties to be paid therefrom, which said amounts shall be paid monthly by said County Commissioners as other bills are paid. In the event said special fund is insufficient to pay all claims in full at any time, it shall be divided pro rata among all parties entitled to payment therefrom, which amount shall be calculated by said Clerk and included in his monthly statements. No payment herein provided for shall be approved and submitted by said Clerk, except for the year in which they accrue and are approved by the said Judge of the City Court and filed with said Clerk, and to be paid only out of the special fund herein provided for as shall arise during said time. Said Clerk shall only include such bills as have the approval of said Judge. This amendment shall not go into effect and become operative until the first day of January, 1921. The Clerk of said City Court of Millen shall have authority as heretofore provided, for the employment of a Deputy Clerk, as he shall be entitled to pay said Clerk $3.00 per day first out of said special fund for each term of each quarterly session of said City Court of Millen. Said Clerk shall include said amount due

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said Deputy Clerk in his monthly report, which said amount shall be paid first out of said special fund by the County Commissioners. Sheriff's fees. Bailiffs. Insolvent cost bills. Clerk's fees. Special fund. Effective Jan. 1, 1921. Deputy clerk. Sec. 2. Be it further provided, That this Act shall not go into effect and become operative until submitted to and approved by a majority of those voting at the next general election to be held in said County on 1st Tuesday in November, 1920. The Ordinary of said county shall procure and prepare proper ballots to be used in said election upon which shall be printed the words For Amendment to City Court Act, and also the words Against Amendment to City Court Act, and each person voting in said election shall strike one or the other of said set of words as he desires to vote. Said Ordinary shall inspect the returns of said election and certify the result of same to the County Commissioners as the same shall appear from said election returns; and if a majority of those voting at said election vote in favor of this amendment it shall go into effect and become operative as is herein provided. Election to ratify. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1920. MORGAN CITY COURT SALARIES, AND TERMS. No. 623. An Act to amend an Act of the Legislature entitled An Act to create the City Court of Morgan in and for the County of Calhoun, to define its powers, jurisdiction and practice, to provide for a Judge and Solicitor and other officers of said Court, to provide compensation of said officers, a place of holding said Court, and for other purposes. approved August

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the 19th, 1916, Acts of the Legislature, 1916, 271-283, by changing the salary of the Judge of said Court, which shall be nine hundred dollars a year instead of six hundred dollars a year, and by changing the time of holding said Court from the third Monday in December, March, June and September, respectively, to the third Mondays in January, April, June and October, respectively, 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 the City Court of Morgan, approved August the 19th, 1916, as contained in the Acts of the Legislature of 1916, pages 271 to 283, inclusive, be and the same is hereby amended as follows, to-wit: Act of 1916 amended. Sec. 2. Be it further enacted by the authority aforesaid, That Section 5 of the said Act creating the City Court of Morgan be and the same is hereby amended by striking the words Said Judge shall receive a salary of six hundred dollars per year, and inserting in lieu thereof the words Said Judge shall receive a salary of nine hundred dollars per year, and by otherwise amending said section, and the same is hereby amended so said section, as amended, will read as follows: Section 5. Be it further enacted, That the terms of office of said Judge and Solicitor shall be for four years and shall date from October the first, 1916, and until their successors are appointed 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, and confirmed by the Senate, just as regular appointments are made. Said Judge shall receive a salary of nine hundred dollars per year, and shall be paid quarterly out of the treasury of Calhoun County by the proper persons in charge of the funds of said county. 5 read. Judge's salary. Sec. 3. Be it further enacted by the authority aforesaid, That Section 13 of the Act creating the City Court

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of Morgan approved August the 19th, 1916, as contained in Acts of the Legislature of 1916, pages 271 to 283, be and the same is hereby amended as follows by striking the words In December and thereafter quarterly on the third Mondays in December, March, June and September each year, and inserting in lieu thereof the words In January and thereafter quarterly on the third Mondays in January, April, July and October of each year, and by further striking from said section beginning in the 20th line thereof the words On the third Mondays in June and December of each year, and by inserting in lieu thereof the words On the third Mondays in July and January of each year, and by otherwise amending said section so that when so amended it will read as follows: Section 13. Be it further enacted, That the terms of said City Court of Morgan shall be as follows: Beginning on the third Monday in January and thereafter quarterly on the third Mondays in January, April, July and October of each year. The Judge, in his discretion, shall hold a monthly term of said Court on the third Mondays 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 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, to try him at the next quarterly term of said Court unless he shall give bond and security to appear at such term of said Court as the Judge may direct. It shall be the duty of said Judge of said Court to hold two terms annually for the purpose of trying defendants under bond and such others as may be by law ready for trial, which terms shall be on the third Mondays in July and January of each year, and from day to day until the Court may in his discretion adjourn said Court, provided, it shall

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not be held more than one week in succession. 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 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 a jury trial is waived. 13 read. Terms. Sec. 4. Be it further enacted by the authority aforesaid, That the change in salary of the Judge of said Court, as provided in Section 2 of this amendment, shall become effective from and after the passage of this amendment, and the change in the time of holding said Court as provided in Section 3 shall become effective from and after the first day of October, 1920, provided that no regular term shall be had in October of 1920, but the first regular term of Court held under this amendment shall be on the third Monday in January, 1921. of this Act effective Oct. 1, 1920. First regular term. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1920. NASHVILLE CITY COURT SALARIES, AND FEES. No. 467. An Act to amend an Act approved July 31st, 1905, establishing the City Court of Nashville, so as to change the salary of the Judge of said Court, and to

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repeal the Act approved August 14, 1917, fixing fees of the officers of said 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 Section 5 of an Act approved July 31st, 1905, establishing the City Court of Nashville, in and for the County of Berrien, be amended as follows: By striking therefrom the words in the third line thereof, Twelve Hundred ($1,200.00) Dollars, and by inserting in lieu thereof the words Fifteen Hundred ($1,500.00) Dollars, so that said section when amended shall read as follows: Act of 1905 amended. Section 5. Be it further enacted by the authority aforesaid, That the Judge of said City Court of Nashville shall receive a salary of Fifteen Hundred ($1,500.00) Dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of the County of Berrien. To be read. Judge's salary. Sec. 2. Be it further enacted by the authority aforesaid, That all of the Act of the Legislature approved August 14, 1917, fixing the fees of officers of the City Court of Nashville, and amending the Act of the Legislature approved July 31, 1905, creating the City Court of Nashville, be and the same is hereby repealed and the scale of fees as originally provided for in said Act creating said City Court of Nashville, approved July 31, 1905, be reinstated and again become effective, and the scale of fees for all of the officers of the City Court of Nashville. Fees. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1920.

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PELHAM CITY COURT OFFICERS' FEES. No. 456. An Act to amend an Act entitled an Act to establish the City Court of Pelham, in the County of Mitchell, in and for the County of Mitchell, approved August 22, 1905, as will be found in Georgia laws, 1905, pages 325 to 334. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the Act establishing the City Court of Pelham, approved August 22, 1905, be and the same is hereby amended by striking from Section 8 of said Act and beginning with the second word in the fourth line of said section in following except in criminal cases tried on accusation the Clerk shall receive three dollars only of said Act and inserting in lieu thereof the following: In criminal cases tried on accusation the Clerk shall receive the same costs as for an indictment from the Superior Court, so that said section when amended shall read as follows: Section 8. Be it further enacted, That the said Clerk and Sheriff shall receive the same fees for similar services as are now allowed or may hereafter be allowed by law to said officers in the Superior Court. In criminal cases tried on accusation the Clerk shall receive the same costs as for an indictment from the Superior Court, exclusive of fees for issuing subpoenas and for their attendance at the regular term of said City Court, said Clerk and Sherif shall receive a per diem of $3.50 each, and the Sheriff shsall receive a fee of Five ($5.00) Dollars only for summoning each jury for said Court. Act of 1905 amended. to be read. Fees in criminal cases. Sec. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1920.

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RICHMOND COUNTY CITY COURT JUDGE'S SALARY. No. 687. An Act to alter and amend the laws relating to the City Court of Richmond County, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Judge of the City Court of Richmond County shall be paid a salary of $7,500.00 per annum, in monthly installments of $625.00 per month, the same to be paid out of the treasury of Richmond County, as other Court expenses are paid. Judge's salary. Sec. 2. Be it enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. SAVANNAH CITY COURT LAWS AMENDED. No. 519. An Act to alter, amend and revise the several laws relating to the City Court of Savannah, 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 several Acts relating to the City Court of Savannah be and they are hereby altered, amended and revised as follows: Acts amended. (a) Motions for new trials shall be filed during the term at which the verdict is rendered and written ten days from the date of the verdict and not later. The motion may be amended at or at any time before the

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hearing. The Judge shall so order the proceedings that the motions shall be heard and determined within sixty days from the date of the filing of the motion. The Judge deciding the motion shall make a specific ruling as to each ground of the motion. New trials. (b) The Judges of said Court shall have the discretion to omit the calling of the trial docket whenever in their judgment the calling of the same may be necessary. Trial docket. (c) The ex-officio Judge of the City Court of Savannah shall have jurisdiction, power and authority to preside at any time and in all cases brought to said Court. Ex-officio judge. 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, 1920. SAVANNAH MUNICIPAL COURT OFFICERS' SALARIES. No. 775. An Act to amend An Act to carry into effect in the City of Savannah the provisions of the amendment to Paragraph 1, Section 7, of Article 6, of the Constitution of the State of Georgia ratified October 2, 1912, relating to the abolition of Justice Courts and the office of Justice of the Peace in certain cities, as further amended by an Act of the Legislature of Georgia, approved July 29, 1914, and ratified November 3, 1914, relating to the abolition of said Courts and officers in the City of Savannah, and the establishment in lieu thereof of such Court or Courts or system of Courts, as the General Assembly may deem necessary, and in pursuance thereof to abolish all

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Justice Courts and the office of the Justice of the Peace in Savannah, and to establish in lieu thereof the Municipal Court of Savannah, in the City of Savannah, to define its jurisdiction and power, to provide for the appointment, qualifications, power and compensation of the Judges and other officers thereof; to provide for pleading, practice, rules of procedure, and new trial therein; to abolish the office of Constable in said City; to define the jurisdiction of said Court as to amount and subject matter, and the territorial jurisdiction of each section thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the provisions of the amendment to Paragraph 1, Section 7, of Article 6, of the Constitution of the State of Georgia, ratified October 2, 1912, relating to the abolition of Justice Courts and the office of Justice of the Peace in certain cities as further amended by an Act of the Legislature of Georgia, approved July 29, 1914, and ratified November 3, 1914, relating to the abolition of said Courts and officers in the City of Savannah, and the establishment in lieu thereof of such Court or Courts, or system of Courts, as the General Assembly may deem necessary, and in pursuance thereof to abolish all Justice Courts and the office of Justice of the Peace in said City of Savannah and to establish in lieu thereof the Municipal Court of Savannah in the City of Savannah, to define its jurisdiction and powers, to provide for the appointments, qualifications, duties, powers and compensations of the Judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein; to abolish the office of Constable in said City; to define the jurisdiction of said Municipal Court as to amount and subject and the territorial jurisdiction of each section thereof, and for other purposes, approved August 13, 1915, be and the same is hereby amended as follows: Act of 1915 amended.

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Sec. 2. From and after January 1st, 1921, the Mayor and Aldermen of the City of Savannah shall be and are hereby empowered to fix, regulate, prescribe and pay the salaries of the Clerk, Deputy Clerk, Bailiff and Deputy Bailiffs of the Municipal Court of Savannah. Effective Jan. 1, 1921. Salaries. 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, 1920. SOPERTON CITY COURTJURIES AND SALARIES. No. 586. An Act to amend an Act creating and establishing the City Court of Soperton in and for the County of Treutlen, approved August 18th, 1919. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That the Act creating the City Court of Soperton be amended by adding to Section 18 of said Act the following, to-wit: Either party in a civil cause or defendant in criminal cause pending in City Court of Soperton, shall be entitled on demand therefor, to a jury of twelve (12) to try such cause, provided, that demand for a trial by jury of twelve (12) is made in writing on or before the first day of the term at which such cause is tried. In all cases where a jury of twelve is demanded as here-inbefore provided, each party to such cause shall be furnished on the call of such cause for trial a list of twentyfour (24) jurors and each party shall have the right to peremptorily challenge or strike six of the jurors whose names appear on the said list of twenty-four (24), and the remaining twelve (12) jurors shall constitute the jury to try such cause. Act of 1919 amended. Juries.

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Sec. 2. Be it further enacted by the authority aforesaid, That Section 5 of the Act creating the City Court of Soperton be amended by striking therefrom the figures $900.00, and insert in lieu thereof the figures $1,500.00. And from and after the passage and approval of this Act the Judge of the City Court of Soperton receive salary of $1,500.00 per annum to be paid as in said original Act provided. Judge's salary. Sec. 3. Be it further enacted by the authority aforesaid, That Section 5 of the Act creating the City Court of Soperton be amended by striking therefrom the figures $600.00 and inserting in lieu thereof the figures $1,200.00. Solicitor's salary. And from and after the passage and approval of this Act the Solicitor of the City Court of Soperton shall receive annual salary of $1,200.00, to be paid as in said original Act provided. 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 is hereby repealed. Approved August 10, 1920. SYLVESTER CITY COURT ACT AMENDED. No. 535. An Act to amend an Act approved August 8, 1916, and as amended by the Act approved August 17, 1918, entitled an Act to establish a City Court in the City of Sylvester, County of Worth, to define its jurisdiction and powers, etc., so as to change and fix the salaries of the Judge and Solicitor of said Court; to provide for the drawing of juries, 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

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authority of the same, That an Act entitled An Act to establish a City Court in the City of Sylvester, County of Worth, to define its jurisdiction and poweres, etc., and for other purposes, approved August 8, 1916, and as amended by the Act approved August 17, 1918, be and the same is hereby amended as follows: By striking from said original Act all of Section 4 and by inserting in lieu thereof and to be known as Section 4, the following, to-wit: Section 4. Be it further enacted by the authority aforesaid, That the Judge of the City Court of Sylvester shall receive a salary of Eighteen Hundred Dollars per annum. Act of 1916, 4 stricken. Judge's salary. Sec. 2. By striking from said original Act all of Section 9 and by inserting in lieu thereof and to be known as Section 9, the following, to-wit: Section 9. Be it further enacted by the authority aforesaid, That the Solicitor of the City Court of Sylvester shall receive for his salary as such Solicitor Fifteen Hundred Dollars per annum. 9 stricken. Solicitor's salary. Sec. 3. By amending Section 38 of said original Act, by inserting in the second line of said Section and between the word jurors and the word shall, the following: Or as many as the Judge may deem necessary, and by inserting in the thirteenth line of said section and between the word jurors and the word who the following: Or as many as he may deem necessary, and by adding after the last line of said section the following: It is provided, further, that should any quarterly term of said Court, in the opinion of the Judge thereof, require a session of more than one week, that the Judge shall have the right to summon, as above provided, different panel of jurors for each week's session, to use the same jury for the entire term, as he may deem best, so that said section when amended shall read as follows: Section 38. Be it further enacted by the authority aforesaid, That twenty-four jurors, or as many as the Judge may deem necessary, shall

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be drawn and summoned as above provided, and shall be empaneled in all cases, civil or criminal, and trial by a jury of twelve men shall be had in said Court when so demanded. A jury shall be selected as follows: In civil cases each side to have six strikes, and in criminal cases the defendant to have seven strikes, the State five. And the Judge of the City Court of Sylvester shall have the power to summon as many jurors instanter as he may deem expedient and necessary. During each quarterly term of said Court the presiding Judge shall in open Court draw from the jury box the names of twenty-four jurors, or as many as he may deem necessary, who shall compose the jury for the next quarterly term thereof provided, if from any cause the jury shall not be drawn as aforesaid, the Judge of the City Court will draw same at some monthly term. It is provided further, that should any quarterly term of said Court, in the opinion of the Judge thereof, require a session of more than one week, that the Judge shall have the right to summon, as above provided, a different panel of jurors for each week's session, or to use the same jury for the entire term, as he may deem best. 38 read. Number of jurors. Sessions of more than one week. Sec. 4. By amending Section 43 of said original Act, by adding to said section after the last line thereof, the following: That a writ of error shall be from said City Court of Sylvester to the Court of Appeals of Georgia, or Supreme Court, upon a bill of exceptions filed under the same rules and regulations as govern and control the issuing writs of error and filing bills of exceptions in the Superior Courts of this State, so that said section when amended shall read as follows: Section 43. Be it enacted by the authority aforesaid, That the said City Court shall have the power to grant a new trial in all cases upon all grounds and conditions, laws and regulations, governing the granting of new trials in the Superior Court. All rules of pleading, practice and procedure governing motions for new trials, rules nisi, and other proceedings in regard to new trials in the

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Superior Court shall apply to and govern the same in the City Court. That a writ of error shall be from said City Court of Sylvester to the Court of Appeals of Georgia, or Supreme Court, upon a bill of exceptions filed under the same rules and regulations as govern and control the issuing writs of error and filing bills of exceptions in the Superior Courts of this State. 43 read. Writs of error. 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, 1920. THOMSON CITY COURT ESTABLISHED. No. 639. An Act to establish the City Court of Thomson in and for the County of McDuffie, to define its jurisdiction and powers; to provide for the election of the Judge and Solicitor thereof, and define their powers and duties, and provide for their compensation; to provide for a Clerk and Sheriff thereof and prescribe their duties and fees; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the City Court of Thomson to be located in the City of Thomson, in the County of McDuffie, is hereby established and created, with civil and criminal jurisdiction over the whole county of McDuffie to try and dispose of all civil cases, regardless of amount involved, except those of which the Constitutionn of the State has given the Superior Court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony

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committed in the County of McDuffie; that the jurisdiction herein conferred shall include not only ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in Superior Courts, either under the common law, or by statute, including among others, attachments, garnishment proceedings, illegalities, counter affidavits to any proceedings from said Court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrant, foreclosure of all liens and mortgages on personalty, and quo warrantos, and shall also have jurisdiction in all trover cases. Establishment. Jurisdiction. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be a Judge of said City Court of Thomson who shall hold his office for a term of two years, and who shall be elected by the grand jury of McDuffie County, in the following manner, to-wit: The grand jury which shall be empaneled and sworn at the September term, 1920, of the McDuffie Superior Court, or any adjourned term thereof, shall be and is hereby authorized to elect a Judge of the City Court of Thomson for a term of two years who shall hold said office until his successor is elected or appointed under the provisions of this Act, and qualifies. Upon the election of said Judge, said grand jury shall report its action to the Judge of the Superior Court presiding at the time, who shall cause the same to be spread upon the minutes of said Court by the Clerk thereof, and the grand jury of said county shall be authorized, at the September term of McDuffie Superior Court, or any adjourned term thereof, every two years thereafter, to elect a Judge of said City Court in the same manner and for a like period and required to report such election to the Judge of the Superior Court presiding at the time in the same manner, and said proceedings shall be spread upon the minutes of said Superior Court as above provided. Should such grand jury so meeting fail to make such

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election as above provided, any succeeding grand jury, from term to term, may do so, until said officer is elected, qualified and begins to serve. Should any vacancy occur in said office at any time, any grand jury meeting thereafter shall be authorized to elect a Judge for the unexpired term caused by such vacancy; and should any such vacancy occur at a time when said grand jury is not in session, the Clerk of the Superior Court and the Ordinary of McDuffie County shall be authorized to appoint a Judge to fill such vacancy until the next session of said grand jury of said county, when said grand jury shall proceed to elect a Judge to fill the unexpired term caused by said vacancy. In case a Judge is appointed by the Clerk and Ordinary as above provided said appointment shall be reduced to writing, signed by said Clerk and Ordinary and be spread upon the minutes of said City Court of Thomson; said Judge of the City Court of Thomson shall receive a salary of twelve hundred dollars per annum, which shall be paid by order of the Ordinary of said county out of the county treasury quarterly. Judge. Term. Election by grand jury. Vacancies. 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 election at least thirty-five years of age, a resident of McDuffie County for five years immediately preceding his election and must have practiced law five years preceding his appointment. He shall before entering upon the duties of his office take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons and do equal rights to the poor and rich, and that I will faithfully perform and discharge all the duties which may be required of me as Judge of the City Court of Thomson according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall immediately thereafter be forwarded to the Governor and filed in the Executive Department. Eligibility. Oath of office.

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Sec. 4. Be it further enacted, That the Judge of the 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 Superior Court and County Court are authorized to do, unless otherwise provided by the Constitution and laws of Georgia, or unless therwise 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 Court may in like cases do, and said Judge shall have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State in which by existing laws such papers may be attested and affidavits administered by a Justice of the Peace of this State. And the Judge of said Court shall have all power and authority throughout his jurisdiction of Judges of the Superior Court, except when by law exclusive power and authority is vested in the Judge of the Superior Courts. Powers. Warrants. Testimony de bene esse. Oaths. Affidavits. 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, where amount involved is over one hundred dollars, shall be entitled to a trial by jury in said Court upon entering a demand therefor, by himself or his attorney, in writing on or before the call of the docket the first day of the term of said Court to which the cause is returnable, or the defendant in criminal case, unless he waives the same, in all cases where such

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party is entitled to a trial by jury under the Constitution and laws of this State. Civil and criminal cases. Trial by jury. Sec. 6. Be it further enacted, That the Judge of the Superior Court and the Judge of said City Court may preside in the Courts of each other in said county, in cases where the Judge of either Court is from any cause disqualified to preside; and the Judge of the City Court of Thomson and the Judges of like Courts in different cities and towns in this State may preside in the Courts of each other in cases where the Judges of either Court is from any cause disqualified, or for any reason fails to preside. Relation to judge of Superior Court. Sec. 7. Be it further enacted, That the Judge of the said City Court shall have power to issue writs of habeas corpus, and to hear and dispose of the same in the same way, and with the same power as the Judge of the Superior Court. Habeas corpus. Sec. 8. There shall be a Solicitor of the City Court of Thomson, who shall hold his office for a term of two years, and who shall be elected by the grand jury of McDuffie County at the September term, 1920, of the Superior Court of said county, and in the same manner for a like period as provided in Section 2 of this Act for the election of a Judge. And all proceedings with reference to the election of said Solicitor for the full term, or the election or appointment for an unexpired term, shall be the same as provided in this Act for the election of a Judge of said Court. Said Solicitor shall receive a salary of eight hundred dollars per annum, which shall be paid by order of the Ordinary of said county quarterly out of the fees, fines and forfeitures turned into the treasury of said county by said City Court of Thomson; and if said fees, fines and forfeitures shall be insufficient for that purpose then out of any funds in the county treasury. No person shall be eligible for the office of Solicitor of said City Court of Thomson who is not 25 years old, and who has not resided in McDuffie

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County for five years before his election or appointment under this Act, and who has not been an active practicing attorney at law for at least five years next preceding his election or appointment. Solicitor. Election and term. Vacancies. 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 all cases in said City 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 appertain to this office. In the absence or disqualification of the said Solicitor, the Judge of said City Court shall appoint a Solicitor pro tem, who shall receive the same salary as is allowed the regular Solicitor of this Court. Duties. Solicitor pro tem. Sec. 10. Be it further enacted, That the Solicitor of the said City Court shall, for his services in the Supreme Court or the Court of Appeals, receive the usual fees allowed by law to Solicitor-General for like services in the Supreme Court and in the Court of Appeals. Fees. Sec. 11. Be it further enacted by the authority aforesaid, That the Clerk and his deputies of the Superior Court of McDuffie 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 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 $1,000.00 for the faithful discharge of the duties of said office, which said bond shall be approved by the Ordinary of said McDuffie County and filed in the office of said Ordinary. Clerk and deputies. Sec. 12. Be it further enacted by the authority aforesaid, That the sheriff of McDuffie County and his deputies shall be the ex-officio sheriff and deputy sheriffs of said City of Thomson and in their official connection

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with said court said sheriff shall be known as the sheriff and deputy sheriffs of the City Court of Thomson. The said sheriff shall execute a bond with good security in the sum of $2,000.00 for the faithful discharge of the duties of said office. Said bond shall be approved by the Ordinary of said McDuffie 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 and deputies. Sec. 13. Be it further enacted, That in said City Court the same rule 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 rules to govern such cases, not in conflict with the laws of this State. Suits for not over one hundred dollars principal, and all issues and proceedings when not over one hundred dollars in value is involved shall be returnable to the monthly sessions of the said court and stand for trial at the first term. All other causes and proceedings shall be brought to the quarterly term of said court and all issues formed thereon shall stand for trial at the first or second term, as similar cases would be tried in the Superior Courts. Procedure. Sec. 14. Be it further enacted, That judgments 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 defendant. Judgments 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

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facias shall run throughout the State and may be served by any sheriff or his deputies thereof. Garnishments and distraints. 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 illegalities, arbitration, examination of parties to suits, or witnesses by interrogatories or subpoenas, 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 provided in this Act. It shall be competent to make additional parties in suit 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. General laws applicable. Sec. 17. Be it further enacted, That the terms of said Court shall be monthly and quarterly. The monthly terms to be held on the 2nd Monday in each month and the quarterly terms to be held on the 2nd Monday in January, April, July and October. The term of said Court shall last until the business is disposed of, or the Judge in his discretion may hold adjourned terms, and may by consent of parties 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. Terms. Sec. 18. Be it further enacted, That all judgments obtained in said Court shall be a lien on all the property of the defendant or defendants throughout the State, in the same manner that 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 or his deputies of said City Court of Thomson, and to all and singular the sheriffs and their deputies of the State of Georgia. Judgments are lien.

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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 Courts except as otherwise provided in this Act. But the process shall be annexed by the Clerk of said City Court, be attested in the name of Judge thereof and be directed to and served by the sheriff of the City Court of Thomson or his deputies as to the sheriffs or their deputies of the State of Georgia, except as otherwise provided in this Act. Procedure. 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 the 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 on returnable to said Court, shall be directed to the sheriff of the City Court of Thomson, or his deputies, and to all and singular the sheriffs and constables of this State. 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 Court. 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 so as to do complete justice, and to enforce the same by execution or attachment, under the rules applicable in the Superior Courts. In the discretion of such Judge, he may submit either the whole case or any question of facts therein to a Jury at any term of said Court without regard to the value involved. Jurisdiction of judge.

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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 City Court, and in the same manner, and shall be provided for in the same manner as the Superior Courts. Court of record. Sec. 23. Be it further enacted, That all laws regulating the enforcement of judgments of the Superior Court, whether civil or criminal, shall apply to said City Court. And the executions shall be issued and 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 issuing from said City Court 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 hereafter, fixed by law for the sale of property levied on by the sheriffs of this State, after advertising the property so levied on ten days before the court house door and at two other places in McDuffie County, by posting a notice of said sale, which notice shall specify the time and place of said sale, which sales in all other respects are to be conducted under the rules governing sales by the sheriff of the Superior Court and provided further, that all levies upon land shall proceed in the same way as in like cases in the Superior Courts. The place of sale for each county be the same as sheriff's sales for that county. Enforcement of judgments. Sales. Sec. 24. Be it further enacted, That it shall be the duty of the Clerk of said City Court of Thomson to prepare and file in his office a complete list of the names of persons liable to serve as grand and petit jurors in the Superior Court of McDuffie 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 list of persons

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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 Thomson 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 provided 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, except that the pay for summoning said jurors shall be such as hereinafter provided for such duty in force in the County of McDuffie shall apply and be of effect in said City Court. Lists of persons for jury service. Traverse juries. Sec. 25. Be it further enacterd, That all laws in reference to the qualification, relations, empanelling, 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 City Court, except when inconsistent with the provisions of this Act. Qualification, relations, empanelling, fining, challenging. Sec. 26. 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 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, then in civil cases each side shall be allowed two strikes,

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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 talesmen which the Judge of said Court is hereby empowered to have summoned instanter at any time 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 Superior Court jurors. Panel. Selection of jury. Compensation. Sec. 27. Be it further enacted, That individual 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. Court expenses. Sec. 28. Be it further enacted, That witnesses in civil and criminal cases in said City Court shall receive the same pay from the same source and in the same manner as witnesses in the Superior Court. Witnesses' pay. Sec. 29. Be it further enacted, That it shall be the duty of all committing courts in the County of McDuffie to bind over to said City Court for trial, or to commit for trial by said City Court, all persons committed or admitted to bail by them for 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. Whenever any person is committed to jail in said county for an offense within the jurisdiction of said City Court, it shall be the duty of the jailer to communicate that fact to the Judge of the City Court as soon as practicable, and it shall be the duty of the Judge, on receiving such information, to grant as speedy a trial as the circumstances in the case will permit. Said City Court shall all the time be open for the trial of criminal cases. Commitment of certain persons.

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Sec. 30. Be it further enacted, That in all suits for the recovery of personal property said City Court of Thomson shall have jurisdiction for all amounts whatsoever over the entire county. Recovery of personal property. 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, and that all criminal trials of said Court shall be by a jury unless jury trial is waived, when trial shall be by the Judge of said Court. The Judge of said City Court, however, when in his discretion the ends of justice may demand it, may submit any case, either civil or criminal, to a jury in said Court whether one 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 trial by jury is demanded, if it is 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. If the Judge of said Court be disqualified in any criminal case transferred from the Superior Court of said county, the said case, in the discretion of said Judge, may be re-transferred to the Superior Court of said county and the Judge of the Superior Court of said county is hereby directed and required to transfer, as soon as this Act becomes operative, all misdemeanor cases from said Court to the said City Court of Thomson, either in term or vacation. In any criminal case in which the Judge of the City Court may be disqualified, he may, if he sees proper, transfer the same, either in term time or vacation, to the Superior Court of McDuffie County. No indictments by grand jury. Jury trials. Felonies. Misdemeanors. Sec. 32. Be it further enacted, That the Judge of the Superior Court of McDuffie County shall as soon as the

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provisions of this Act become operative, by order, transmit to said City Court for trial all presentments and bills of indictment found by the grand jury offenses within the jurisdiction of said City Court, the order so transmitting such cases to be entered on the minutes of both Courts. All bonds returnable to the Superior Court shall follow the cases to the City Court when so transferred, and the defendant shall in such case be bound to appear in said City Court at its first term after such bill is transferred. In like manner, the Judge of the Superior Court of said county may by order transmit to said City Court all civil cases standing for trial upon the docket of the Superior Court of said county and which are embraced within the jurisdiction of said City Court, which he may deem proper; provided, both parties agree thereto. Transmission of presentments, etc. Bonds. Sec. 33. Be it further enacted, That the defendant in criminal cases in said City Court shall be tried on written accusation, setting forth plainly the offense charged, founded on the affidavit of the prosecutor, and signed by the solicitor of said City Court or solicitor pro-tem in case the solicitor pro-tem is acting for the regular solicitor, and shall have endorsed thereon the name of the prosecutor. All other proceedings after accusation shall conform to the rules governing like cases in the Superior Courts unless otherwise provided in this Act. In all cases tried the accusation shall set forth the offense charged with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the Superior Court. Written accusation. Procedure. Sec. 34. Be it further enacted, That a writ of error shall be direct from said City Court of Thomson 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, the writs of error and filing of bills of exceptions in the Superior Courts of this State. Writs of error.

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Sec. 35. 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. Superior Court practice applied. Sec. 36. Be it further enacted, That the Judge of the said City Court shall have power to grant a new trial in any case, civil or criminal, in his Court upon the same terms and conditions, and under the same laws and regulations, in every respect governing the granting of new trials in the Superior Courts. All rules of pleading, practice and procedure governing 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. 37. Be it further enacted, That all suits against joint obligors, joint promissors, corporations or joint trespassers, in which any one or more reside in the County of McDuffie, may be brought in said City Court of Thomson; provided, that the same rules governing such cases in the Superior Court shall guide this Court as to copies, second originals, returns, and other matters connected with the suits. Suits against copartners, 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 pretaining to the same, shall be allowed and upheld by the laws and rules governing parties in the Superior Courts. Waivers, pleadings, 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 or return term. At which term judgment shall be rendered in such cases as are provided for in Section 14 of this Act, the second term shall be the 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

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of Section 14 of this Act, and all the laws, rules and practices in said Court with reference to terms thereof and to the continuance, pleadings and trial of causes therein shall be the same as in the Superior Court, except as otherwise provided in this Act. Return term. Trial term. Sec. 40. Be it further enacted, That the first monthly term of said Court to which a civil case is brought shall be the trial or judgment term, unless a plea or pleas, or answer, good in law, be filed thereto, in which event the case shall be continued and stand for trial at the next regular monthly term; provided, however, that if at the first term both parties are ready for trial the same shall be the trial or judgment term. Judgment term. Sec. 41. Be it further enacted, That whenever the Judge of said City Court of Thomson 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 selected in the same manner now provided for in the Superior Courts; that is, a Judge pro hac vice shall be selected by the clerk of said City Court. Judge pro hac vice. Sec. 42. Be it further enacted, That in case of the absence of the Judge of the City Court at any time thereof, the sheriff or clerk of said Court may adjourn it to such time as the Judge may direct, or, if no directions be given, the Court shall be adjourned to the next regular term. Adjournment in judge's absence. Sec. 43. Be it further enacted, That the fees of the Clerk of said City Court in both civil and criminal cases shall be the same as received in like cases for like service in the Superior Court, except that when the amount in a civil case amounts to a principal of less than $100.00, then, said clerk is to receive one-half as for like service in the Superior Court. Clerk's fees. Sec. 44. Be it further enacted, That the fees of the sheriff of the said City Court shall, in both civil and

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criminal cases, be the same as allowed for the service in the Superior Court; provided that when a civil case amounts to a principal of $100.00 or less, then said sheriff shall receive one-half the fee allowed for similar service in the Superior Court. Sheriff's fees. Sec. 45. Be it further enacted, That the solicitor of said City Court, being on salary, shall not receive any fees for cases in said Court; that the fees of the solicitor in said City Court shall be the same as the fees for Solicitor-General in Superior Court in similar cases, and other similar work, all of which is to be paid into the county treasury. Solicitor's fees. Sec. 46. Be it further enacted That said solicitor of said City Court, before entering upon the duties of his office, shall give bond with good security in the sum of $500.00, conditioned for the faithful discharge of the duties of his office, and 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 duty as solicitor of the City Court of Thomson, so help me God. Said bond shall be payable to the Governor, shall be approved by the Judge of said City Court, and shall, together with said oath, be entered on the minutes of said Court and may be sued on by any person interested. Solicitor's bond. Oath of office. Sec. 47. Be it further enacted, That all fines, forfeitures arising from said cases tried in said City Court shall be paid out by order of the Judge of said City Court. The fines and forfeitures arising from cases transferred from the Superior Court to said City Court shall be distributed among the officers of the Superior Court and the City Court, except that the fees allowed by law to solicitor of City Court shall be paid out of such fund into the treasury of McDuffie County. The justices of the peace and ex-officio justices of the peace shall each receive their part allowed by law, if any is coming to them, each officer receiving his pro rata share. The fines and

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forfeitures arising from said City Court shall be prorated between the county treasury of McDuffie County, said County treasury for said county getting that part allowed by law to the Solicitor of such City Court, the Clerk, the Sheriff of said City Court, the Justice of the Peace and ex-officio Justices of the Peace and Constable on their bills for insolvent cost, any excess shall be paid into the county treasury. Fines and forfeitures. Sec. 48. Be it further enacted, That the Ordinary of McDuffie County, or such officer or officers having charge of the finance of said county, shall provide the necessary books for keeping dockets, records, minutes of said City Court, and all other books and stationery to run said Court, and shall provide a suitable place in the court house in the City of Thomson for the holding of the said City Court of Thomson. Dockets, records, etc. Sec. 49. 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; and all civil cases in said Court may be reported at the request of either plaintiff or defendant, when the amount involved is five hundred dollars or more, and at the request of both plaintiff and defendant, when the amount involved is less than five hundred dollars, and the fee for reporting such cases shall be at the rate of 7 1-2 cents per hundred words for taking down and 7 1-2 cents per hundred words for transcribing, the fee to be paid by the plaintiff and defendant equally. It shall be the duty of said stenographer to take down the testimony and charge of the Court in all criminal cases tried in said Court, and for this service he shall be paid the sum of ten dollars per day while so engaged, this sum to be paid from the county treasury on warrant or order drawn and signed by the Judge of said City Court. On request of any defendant or his counsel, when a motion for a new trial has been made in any criminal case, said stenographer

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shall furnish a typewritten transcript of the testimony and charge of the Court at the rate of 7 1-2 cents per hundred words, to be paid for by the movant. Said stenographer shall have the same right to enforce the payment of his fee in civil cases as is provided by law for the enforcement of fees of Superior Court stenographers. Stenographer. Fees. Duty. Sec. 50. Be it further enacted, That the Judge of said Court shall have the authority, when in his discretion the same is to the best interest of the Court and county, to discontinue or vacate said office of reporter or stenographer, or to re-establish the same if discontinued or vacated by proper order spread upon the minutes of said Court. Discontinuance of office of stenographer. Sec. 51. Be it further enacted, That the Judge of said Court may practice law in any other Court except the Court created by this Act. Judge's law practice. Sec. 52. Be it further enacted, That said Court shall open and begin its operations on the 2nd Monday in September, 1920. 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. Time of openinf. Approved August 14, 1920. VALDOSTA CITY COURT SALARIES. No. 545. An Act to amend an Act approved August 14th, 1917 (Acts 1917, pages 275 and 276) entitled An Act to amend the original Act creating the City Court of Valdosta, in the County of Lowndes, and for other purposes, so as to fix the salary of the Sheriff of Lowndes County, as ex-officio Sheriff of the City

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Court of Valdosta, at $1,800.00 per annum instead of $1,200.00, and to fix the salary of the Clerk of the City Court of Valdosta at $1,500.00 per annum instead of $1,100.00, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That Section 2 of an Act entitled 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, by striking from the fifth and sixth lines of said section the following words and figures, to-wit: Twelve hundred dollars ($1,200.00), and inserting in lieu thereof the following words and figures, to-wit: Eighteen hundred ($1,800.00) dollars; and amend further by striking from the third and fourth lines of said Section 2 the words and figures eleven hundred dollars ($1,100.00) per annum, and inserting in lieu thereof the following words and figures, to-wit: Fifteen hundred ($1,500.00) dollars, so that said Section 2 when so amended shall read and be as follows, to-wit: Act of 1901 amended. 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 fifteen hundred ($1,500.00) dollars per annum; and that the salary of the Sheriff of Lowndes County, as ex-officio Sheriff of said Court, shall be the sum of eighteen hundred dollars ($1,800.00) per

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annum; and that the salary of the Solicitor of said Court shall be eighteen hundred dollars ($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 Roads and Revenues of said county to make provision annually by levying taxes for this purpose. To be read. Salaries. 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, 1920. WASHINGTON CITY COURT; REFERENDUM AS TO DEMAND FOR INDICTMENT. No. 595. An Act to amend an Act entitled An Act to establish the City Court of Washington, in and for the County of Wilkes, to define its jurisdiction and powers, to provide for the election of a Judge and Solicitor thereof, and the appointment of other officers, to define their powers and duties, and for other purposes, approved August 9th, 1905, by repealing that portion of said Act giving defendants in criminal cases in said City Court of Washington the right to demand indictment by the grand jury, and for 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 establishing the City Court of Washington be and the same is hereby amended by striking out from Section 37 of said Act all the words of said section following the word Court in the seventh line thereof, and down to the

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word all following the period in the seventeenth line of said Section, so that said section when amended shall read as follows: Section 37. Be it further enacted, That defendants in criminal cases in said City Court shall be tried on a written accusation setting forth plainly the offense charged, founded upon the affidavit of the prosecutor, and signed by the Solicitor of said City Court. All the proceedings after accusation shall conform to the rules governing like cases in the Superior Court, except there shall be no trial by jury unless demanded by the accused as hereinbefore provided. In all cases tried the accusation shall set forth the offense charged with the same particularity, both as to form and substance, as is now or may hereafter be requisite by the laws and rules of criminal pleading to be observed in bills of indictment in the Superior Court. If upon the trial of any case it shall appear to the Judge that the evidence makes the case against the accused a felony, he shall thereupon suspend the trial and commit or bail over the defendant to the Superior Court as in cases of preliminary examinations. Act of 1905 amended. 37 read. Sec. 2. Be it further enacted, That this Act shall not become operative until the same has been ratified by a majority of the votes cast in said county at the next general election for county officers. Those in charge of the next general election in said county shall present by proper ballot the question as to whether or not this Act shall be ratified by the qualified voters of said county at said time by placing on the official ballot of said county the following language: For denying defendants the right to demnad indictment by grand jury in City Court of Washington, Wilkes County, Georgia, or Against denying defendants the right to demand indictment by grand jury in City Court of Washington, Wilkes County, Georgia. After the said general election, and at the time the result of said election is declared for county officers, the result of the said election on this Act shall be declared by those in charge of declaring

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such results. If a majority of the votes cast in said election are in favor of denying defendants the right to demand indictment by grand jury in City Court of Washington, Wilkes County, Georgia, this Act shall then become the law. Election to ratify. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920. WAYCROSS CITY COURT JUDGE'S SALARY. No. 510. An Act to amend An Act to amend an Act to establish the City Court of Waycross in and for the County of Ware; to define its jurisdiction and powers, and for other purposes, so that from and after the passage of this Act, and until otherwise provided, the salary of the Judge of said Court shall be twenty-one hundred dollars per annum, approved August 18, 1919, by striking therefrom said sum of twenty-one hundred dollars wherever the same occurs therein, and inserting in lieu thereof twenty-four hundred dollars, so that the salary of said Judge shall hereafter be fixed at said sum of twenty-four hundred dollars 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 the above recited Act be and the same is hereby amended by striking therefrom the sum of twenty-one hundred dollars wherever the same occurs therein, and inserting in lieu thereof twenty-four hundred dollars so that the salary of the Judge of said City Court of Waycross shall hereafter be fixed at the sum of twenty-four hundred dollars per annum. Act of 1919 amended. Salary fixed.

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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 7, 1920. WRIGHTSVILLE CITY COURT JUDGE'S SALARY. No. 406. An Act to amend An Act to establish the City Court of Wrightsville, in Johnson County, Georgia, etc., and for other purposes, approved August 19th, 1912, so as to increase the salary of the Judge of said City Court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act Section 3 of the above recited Act be and the same is hereby amended by striking therefrom in line sixteen of said section the words Nine Hundred and inserting in lieu thereof the words Twelve Hundred, and by striking the following words in lines seventeen and eighteen, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, so that the said section of the Act when amended will read as follows: Act of 1912 amended. Sec. 3. Be it further enacted by the authority aforesaid, That there shall be a Judge of said City Court of Wrightsville who shall be elected by the qualified voters of Johnson County in the same manner and at the same time and places that members of the General Assembly are now or may hereafter be elected, whose term of office shall be four years and until his successor is elected and qualified. That all vacancies in the office of Judge which may occur by death, resignation or removal from office shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being

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subject to the approval of the Senate, which may then be in session, or if the Senate be not in session at the time of the appointment, then subject to its approval at the next session thereafter. The Judge of said City Court of Wrightsville shall receive a salary of twelve hundred dollars per annum, and shall be paid monthly out of the treasury of the County of Johnson by the person or persons charged by law with the paying out of the money of Johnson County. To be read. Salary fixed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 24, 1920.

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TITLE II. Solicitors-General; Salaries. ACTS. Albany Circuit; salary fixed. Augusta Circuit; salary increrased. Blue Ridge Circuit; salary increased. Brunswick Circuit; salary payable quarterly. Brunswick Circuit; practice of civil law. Chattahoochee Circuit; salary increased. ALBANY CIRCUIT; SALARY FIXED. No. 790. An Act to establish the fee system now existing in the Superior Court of the Albany Judicial Circuit, as applied to the office of the 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 cost, 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, 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

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Georgia and it is hereby enacted by authority of the same as follows: Section 1. The fee system now existing in the Superior Court of the Albany 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 cost prescribed under existing law shall remain for the purpose of ascertaining the sum or sums to be paid into treasuries of the counties composing said Judicial Circuit so 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. Fee system abolished. Schedule of fees and costs continued. Sec. 2. The statutory salary of the Solicitor-General of the said Circuit shall be the sum of five thousand ($5,000.00) dollars per annum, which shall be in addition to the salary of two hundred and fifty ($250.00) dollars per annum prescribed by Paragraph One (1), Section Thirteen (13), of Article Six (6), of the Constitution of this State, and the said statutory salary 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 of the counties now or hereafter composing the said Circuit shall pay such part or proportion of said salary as its population bears to the total population of all the counties in the Circuit at the time of such payment, according to the official Federal census of 1920, until the completion and promulgation of the next official Federal census, and then in like manner according to such succeeding Federal census. 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 the said counties, to cause the part or portion of said statutory

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salary so assessed against each of the said counties to be paid to the 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. It is further made the duty of the said Ordinary, County Commissioners, or other county authorities having control of county matters, to make provision annually, when levying taxes for expenses of the Court, for the levying and collection of sufficient taxes in their respective counties with which to pay the portion of said salary, etc., chargeable against their respective counties, as herein set forth, and the power to levy such taxes for such purposes is hereby delegated to said counties. Solicitor-General's salary. Prorated to counties. The said statutory salary shall be in full payment for all of the services of the said Solicitor-General in criminal cases, except as to service in the Supreme Court and the Court of Appeals of Georgia, which latter services shall be compensated as now provided by the general laws of this State. Whenever other services of any character are required of him for which no compensation is provided by the general law, the Judge shall fix the amount of his compensation and cause the same to be paid out of the insolvent fund herein provided. Services paid for. Sec. 3. In the distribution among officers of the Court of all cost, 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, and 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 the said office in said Judicial Circuit; and hereafter when orders on the

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insolvent fund or other judgments on findings are entered or approved in behalf of other officers of Court instead of 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 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 the county and shall become the property of such county; said Clerks shall make written reports, under oath, of the amounts so collected and make payments and remittance thereof to the treasuries or other custodians of county funds of said counties within thirty days after adjournment after 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 treasuries. Said Clerks of the Superior Courts of said counties shall keep 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

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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 the county officers are audited. Counties subrogated to rights of solicitor-general. Costs accuring to office. Reports of amounts collected. Records. Sec. 4. The Solicitor-General of said Circuit is hereby made chargeable with the duty of jointly 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 be his duty to furnish his own services as attorney-at-law in the collection of all such sums, whenever it becomes necessary. Duties of solicitor-general. Sec. 5. Nothing in this Act shall be construed to affect fees now allowed by law to Solicitors-General of this State for appearance in criminal cases in Supreme Court and Court of Appeals of this State. Not applicable to certain fees. Sec. 6. This Act shall go into effect January 1st, 1921. Effective Jan. 1, 1921. Sec. 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1920.

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AUGUSTA CIRCUIT; SALARY INCREASED. No. 762. An Act to amend an Act entitled An Act to establish the fee system now existing in the Superior Courts of the Augusta 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; to impose certain duties upon the Clerks of the Superior Courts of the counties composing 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, which Act hereby amended was approved August 18, 1919; to provide for the amount of money which each county composing said Circuit is to pay said Solicitor-General of said Circuit as a salary, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That Section 2 of said Act be and the same is hereby amended by adding after McDuffie County shall pay the sum of the words and figures Six Hundred Dollars in lieu of the words and figures one thousand dollars, which appear in the ninth and tenth lines of said section; and that by adding after the words

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Richmond County shall pay the sum of the word and figures five thousand dollars in lieu of the words and figures four thousand dollars, so that when said Section 2 of said Act is amended it shall read as follows, to-wit: The salary of the Solicitor-General of the said Augusta Judicial Sircuit shall be the sum of seven thousand eight hundred dollars per annum until January 1st, 1921, in addition to the salary of two hundred and fifty dollars 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 two hundred and fifty dollars per annum) shall be paid pro rata out of the general treasuries of the various counties composing said Circuit, in the following proportion, to-wit: McDuffie County shall pay six hundred dollars; Jenkins County shall pay the sum of seven hundred dollars; Columbia County shall pay the sum of five hundred dollars; Burke County shall pay the sum of one thousand dollars; Richmond County shall pay the sum of five thousand dollars. It shall be and it 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 the said Solicitor-General quarterly in each year out of the funds of said counties, that is to say, on the first days of January, April, July and October, and upon regular warrants issued therefor, and it is further made the duty of said Ordinaries, County Commissioners or other 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 purposes is hereby delegated to such counties. Said salary of seventy-one hundred dollars and the Constitutional salary of two hundred

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and fifty dollars 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 by him except as provided in Section 5 of this Act. Jenkins County shall be liable for seven hundred dollars per annum only until January 1, 1921, after which time said Jenkins County shall be liable no longer for any part of said salary; and that after January 1, 1921, said salary shall be reduced to seventy-one hundred dollars and the Constitutional salary of two hundred and fifty dollars. Act of 1919 amended. To be read. Salary fixed. Proportions to counties. Sec. 2. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That the sum of money due by each county to the Solicitor-General under this amendment to said Act shall be due and payable upon passage of this Act. Sum due by each county. 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, 1920. BLUE RIDGE CIRCUIT; SALARY INCREASED. No. 551. An Act to amend an Act approved August 20, 1918, entitled An Act to abolish the fee system now existing in the Superior Courts of the Blue Ridge 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

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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 Cirsuit; 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 or the various counties composing said Circuit; for the purpose of paying the salary of said Solicitor-General; and for other purposes, by striking from the second and thirty-third lines of Section 2 of said Act the figures $3,500.00 and inserting in lieu thereof the figures $5,000.00, so as to increase the salary of the Solicitor-General of said Circuit to five thousand dollars per annum, in addition to the salary of two hundred and fifty ($250.00) dollars prescribed in Paragraph 1, Section 13, of Article 6 of the Constitution of this State, and the compensation provided in Section 5 of said Act; to provide for the submitting this Act to a vote of the qualified voters of the Blue Ridge Judicial Circuit for ratification; 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 2 of an Act approved August 20, 1918, on pages 360, 361, 362, 363 and 364 of Georgia Laws of 1918, and the same is hereby amended as follows: By striking the figures $3,000.00 in the second line of said section and inserting in lieu thereof the figures $5,000.00, and by striking the figures $3,500.00 in the thirty-third line of said section of said Act, and inserting in lieu thereof the figures $5,000.00, so as to make the salary of the Solicitor-General of the Blue Ridge Judicial Circuit the sum of five thousand ($5,000.00)

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dollars per annum in addition to the Constitutional salary of two hundred and fifty ($250.00) dollars, as designated in said Act, and the compensation provided in Section Five (5) of said Act; provided, however, that this increase shall apply only in such counties composing said Judicial Circuit where the fines, fees, forfeitures, funds, monies and emoluments, not herein excepted, accruing to the office of Solicitor-General, shall equal or exceed such county's pro rata of said five thousand ($5,000.00) dollars. Act of 1918 amended. Salary fixed. Sec. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall be submitted to the qualified voters of the several counties composing said Blue Ridge Judicial Circuit at the next general election for their ratification or rejection. That the several Ordinaries or other authorities having charge of said general election in the several counties composing said Judicial Circuit shall have prepared and furnish to the managers holding said election ballots on which shall be plainly written or printed the words: For increase Solicitor-General's salary, and also the words Against increase Solicitor-General's salary, and every voter in the several counties comprising the said Judicial Circuit who is qualified to vote in said general election shall also be qualified to vote for or against said increase of salary, and should a majority of those so voting cast their ballots for said salary increase, then this bill shall become of full force and effect from and after January 1, 1921; and should a majority of those voting in said general election cast their ballots against said salary increase, then this Act shall be of no force and effect and shall be null and void. Any voter desiring the provisions of this Act to become a law and the salary of said Solicitor-General so increased shall strike from the ballot the words Against increase Solicitor-General's salary, and any voter desiring that said Solicitor-General's salary be not increased and this law not effective shall strike from his

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ballot the words For increase Solicitor-General's salary, and it is hereby made the duty of the managers and clerks and other officers or person holding said general election in the several counties composing said Judicial Circuit to also receive and count the aforesaid ballots, and to make returns thereof to the Ordinaries of their respective counties whose duty it shall be within ten days to certify the result of said election as to said incrase in salary in his county to the Secretary of State, at the State Capitol, whose duty it shall be to consolidate said returns and declare the result. Election to ratify. Ballots. Returns and result. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1920. BRUNSWICK CIRCUIT; SALARY PAYABLE QUARTERLY. No. 682. An Act relating to the salary of the Solicitor-General of the Brunswick Judicial Circuit, and providing that said designated salary shall hereafter be paid quarterly instead of monthly as under the present 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 the portions of the salary payable to the Solicitor-General of the Brunswick Judicial Circuit by the several counties composing the same shall hereafter be paid quarterly instead of monthly as under the present system, the amount of said salary to be payable quarterly, which shall be $1,500.00, becoming due and payable on the first days of April, July, October and January, and the proportion of said amount to be paid by

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each of the counties being determined in the manner already provided by law. Dates of payment. Sec. 2. This Act shall not become effective until January 1st, 1921. Effective Jan. 1, 1921. Sec. 3. All laws in conflict with this Act are hereby repealed. Approved August 16, 1920. RBUNSWICK CIRCUIT; PRACTICE OF CIVIL LAW. No. 424. An Act to amend an Act entitled An Act to provide that the salary of the Solicitor-General of the Brunswick Judicial Circuit payable by the counties thereof, shall hereafter be paid monthly instead of quarterly as at present provided, to designate the date and amount of each monthly payment, to provide for the payment of such salary, and for other purposes, approved August 15th, 1919, so as to permit the Solicitor-General of said Circuit to engage in civil practice of law, 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 above entitled Act approved August 15th, 1920, be and the same is hereby amended by inserting in the fifteenth line of said section after the word the and before the word practice the word criminal, and inserting after the last word of said Section 1 the following words: Nothing contained herein shall in any way conflict with the right of said Solicitor-General of said Circuit to engage in the civil practice of law, so that the said section when amended shall read as follows: Section 1. The portion of salary

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payable by each of the counties composing, or which may hereafter compose the Brunswick Judicial Circuit to the Solicitor-General thereof in compensation for services as such Solicitor-General shall hereafter be paid monthly instead of quarterly as at present provided, said salary payable by the said counties as a whole, which shall be four thousand ($4,000) dollars per annum, shall be paid in twelve equal monthly installments and shall become due and payable on the first day of each month. The proportion of said amount which is to be paid by each of the said counties shall be ascertained by the manner and method heretofore provided by law. The Solicitor-General of said Circuit shall not during his term of office, in any of the Courts of said Circuit, engage in the criminal practice of law, except such as pertains to his official duties. Nothing contained herein shall in any way conflict with the right of said Solicitor-General of said Circuit to engage in the civil practice of law. Act of 1919 amended. To be read. Practice prescribed. Sec. 2. This Act shall go into effect August, 1920. Effective when. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 26, 1920. CHATTAHOOCHEE CIRCUIT; SALARY INCREASE. No. 539. An Act to amend an Act, approved August 20th, 1917, abolishing the fee system existing in the Superior Court of the Chattahoochee Circuit, as applied to the office of Solicitor-General, and to provide for the payment of a salary to said Solicitor-General, in addition to the salary prescribed in Paragrap 1 of Section 13 of Article 6 of the Constitution of the State,

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by increasing the salary of the Solicitor-General, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, That Section of said Act, approved August 20th, 1917, be and the same is hereby amended by striking from line 2 thereof the fiures $4,250.00 and inserting in lieu thereof $6,250.00. Also, by striking from line 10 thereof the figures $171.00 and $536.00 and inserting $150.00 and $800.00. Also by striking from line 11 thereof the figures $290.00 and inserting in lieu thereof $450.00. Also by striking from line 12 thereof the figures $2,666.00 and inserting in lieu thereof $3,950.00. Also, by striking from line 13 thereof the figures $305.00 and inserting in lieu thereof $450.00. Also by striking from line 14 thereof the figures $282.00 and inserting in lieu thereof $450.00. Also by striking from line 31 thereof the figures $4,250.00 and inserting in lieu thereof the figures $6,250.00, so that said Section 2 of the Act approved August 20th, 1917, when amended shall read as follows: The salary of the Solicitor-General of the said Chattahoochee Judicial Circuit shall be $6,250.00 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 proportion, to-wit: Chattahoochee County shall pay the sum of $150.00; Harris County shall pay the sum of $800.00; Marion County shall pay the sum of $450.00; Muscogee County shall pay the sum of $3,950.00; Talbot County shall pay the sum of $450.00; Taylor County shall pay the sum of $450.00. 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 the said counties to cause the part or portion of said salary so assessed against each of said counties to be paid to the

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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 authority 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. Sail salary of $6,250.00 and the Constitutional salary of $250.00 shall be in full payment for all 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 assistance engaged or employed by him, except as provided in Section 6 of this Act. Act of 1917 amended. To be read. Salary fixed. Proportions to counties. Sec. 2. Be it further enacted by authority aforesaid. That this amendment shall become effective on the first day of January in the year 1921. Effective Jan. 1, 1921. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 7, 1920.

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TITLE III. County Matters. ACTS. Atkinson County depository. Banks Board of Education, compensation. Banks Commissioners' salaries. Banks commutation road tax. Banks County treasurer's salary. Banks; additional compensation for jurors in Justices' Courts. Barrow Commissioners created. Berrien; Clerk of County Commissioners. Bryan Board of Commissioners abolished. Buloch County treasurer's office abolished. Buloch Board of Commissioners abolished. Bulloch Board of Commissioners created. Catoosa Board of Commissioners adopted; New Board Created. Charlton Board of Commissioners abolished. Charlton Board of Commissioners created. Charlton county treasurer's office abolished; depository created. Chatham Commissioners; Act amended. Chatham treasurer's clerk's salary. Chattahoochee primary elections. Cherokee Commissioners, compensation of. Clayton County treasurer's office abolished. Cobb County treasurer's salary. Coffee Commissioners; Act amended. Columbia County treasurer's office abolished. Cook County; manner of drawing warrants. Cook County treasurer's office abolished. Dawson Board of Commissioners created. Decatur Commissioners; Act amended. DeKalb primary elections. Dodge County treasurer's office abolished. Dougherty Commissioners, compensation of. Douglas Commissioners; Act amended. Elbert Commissioners; Act amended. Evans Commissioners clerks' compensation. Evans Road Law amended. Fannin Commissioner; office created. Fannin County treasurer's office abolished; depository created. Floyd Commissioners, compensation of. Floyd County; control of Oostanaula bridge. Floyd County fox hunting; penalty. Forsyth County treasurer's office abolished. Fulton County treasurer's salary. Fulton County treasurer's salary. Gordon Commissioner's office created. Grady Board of Commissioners abolished. Grady Board of Commissioners created.

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Grady primary election regulations. Greene County fox hunting; penalty. Gwinnett County treasurer's salary. Hall Commissioners Act amended. Hancock County treasurer's office abolished. Haralson Commissioners, compensation of. Houston County treasurer's salary. Jackson Commissioners; Act amended. Jasper Commissioners' powers defined. Jeff Davis Board of Commissioners created. Jeff Davis jurors in Justices' Courts. Jenkins Commissioners, clerk of. Macon County treasurer's salary. Meriwether Country treasurer's compensation. Mitchell County; election regulations. Mitchell County treasurer's salary. Morgan Commissioners; Act amended. Morgan County treasurer's salary. Oconee County; Ordinary to act as treasurer. Oglethorpe Commissioner's term and salary. Paulding Board of Commissioners abolished. Pickens Board of Commissioners created. Polk Commissioners; amending Act. Pulaski County treasurer's salary. Quitman County; cost payments in certain cases. Richmond Commissioners; Act amended. Richmond County treasurer's clerk. Richmond school bonds. Seminole Board of Commissioners created. Spalding Commissioners' salaries fixed. Spalding Commissioners' deed authorized. Stewart Commissioners; Act amended. Tattnall commutation road tax. Telfair Bond Commission created. Terrell Commissioners' clerk's salary. Tift Commissioners; Act amended. Toombs County treasurer's office abolished. Twiggs Commissioners, compensation of. Upson Commissioners, and districts. Walton Commissioners; duties, terms, compensation. Webster Commissioners; Act amended. Wheeler Commissioners, and road districts. Wheeler County treasurer's salary. ATKINSON COUNTY DEPOSITORY. No. 791. An Act creating a county depository in and for Atkinson County, and to provide for the receiving and disbursing of county funds, and for the keeping of records

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as heretofore kept by the county treasurer of this State, and defining the duties of County Commissioners relative thereto, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act that a certain bank, known as the Pearson Banking Company, of Pearson, Georgia, be and the same is hereby created the county depository in and for Atkinson County, for the purpose of receiving and disbursing of all county funds as heretofore received and disbursed by its treasurer. Pearson Banking Company. Sec. 2. Be it further enacted by the authority aforesaid, That said bank before entering upon its duties as said depository shall deliver to the Commissioners of Roads and Revenues of Atkinson County a good and solvent bond to the county with some surety bonding company doing business in this State, as surety, in the sum of Twenty-five Thousand ($25,000) Dollars. Said bond to be approved and the premium paid by the Commissioners of Roads and Revenues of said county at their first regular meeting in January, 1921, and conditioned for the faithful performance of all duties devolving upon said depository under this Act. Bond. Sec. 3. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues of said county shall furnish said depository with new record books, such as will be necessary for the keeping of a complete record of all business done by said depository. Said book or books must be labeled in the following manner: If cash book, the label must read Cash Book, Atkinson County Depository. All other books must be labeled in the same manner. Record books. Sec. 4. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues shall have printed and ready for use on the first day

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of January, 1921, new county warrants in the following form: Form of county warrants. And all warrants issued after the first day of January, 1921, must be issued according to the above form and must be signed by the Chairman of the County Commissioners and the clerk of said Board before they are authorized to be paid by the county depository. Sec. 5. Be it further enacted by the authority aforesaid, That the county depository as described and created in Section (1) One of this Act be and is hereby authorized to receive and disburse all county funds as heretofore received and disbursed by its county treasurer. Said depository is further authorized to pay out of any funds on hands in the name of the county upon presentation of a county warrant properly issued and signed upon a regular form as set out in Section (4) Four of this Act. Said depository shall pay out all county funds only upon a regular county warrant, except in such cases where the Judge of the Superior Court of the county has jurisdiction and issues an order upon the county depository, and in that event said depository must secure a county warrant for its record. Receipt and disbursement of funds. Sec. 6. Be it further enacted by the authority aforesaid, That said depository shall keep in a well-bound book or books, to be furnished by the county as set out in Section (3) Three of this Act, a complete record of all moneys received (from whom received and from what

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amount received, whether ad valorem or shows, or special or automobile taxes, or from other sources not herein mentioned and of disbursements, and how disbursed and on what fund.) Said depository shall on the first day of each month return to the Board of County Commissioners all paid cancelled county warrants, held by it up to time of said returns, and to do any other duty heretofore required of county treasurers of this State. Record of moneys received. Sec. 7. Be it further enacted by the authority aforesaid, That said depository be and is hereby authorized to pay all regular and legally issued county warrants and bonds outstanding and issued upon the treasurer of the county up to the first day of January, 1921. Warrants payable. Sec. 8. Be it further enacted by the authority aforesaid, That it shall be unlawful for said The Pearson Banking Company, county depository, to discount any county warrant drawn upon it. There shall nothing herein be construed to deprive said bank as a corporation from receiving county warrants as collateral against loans made by said bank as corporation. Discount of warrants forbidden. Sec. 9. Be it further enacted by the authority aforesaid, That the present treasurer of Atkinson County, N. L. Kirkland, shall meet with the County Commissioners of Roads and Revenues in the office of said Commissioners on the first day of January, 1921, at 10 o'clock A. M., and check over to said Commissioners all books and records belonging to the county and to said treasurer's office. Said County Commissioners shall cause an audit to be made of said records as to the balances shown thereon and spread upon the minute book of their office and a copy of the same, together with the balance of any funds in the treasury on the first day of January, 1921, be turned over to the Pearson Banking Company, county depository. Checking of present records. Sec. 10. Be it further enacted by the authority aforesaid, That the term of office for the county depository

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as set out and created in this Act, shall be during the life of this Act, provided said bank should fail or cease to exist, then in that event the Board of Commissioners of Roads and Revenues shall immediately choose another depository who shall perform the duties of said office until regulated by law. Term of office. 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 16, 1920. BANKS BOARD OF EDUCATION; COMPENSATION. No. 531. An Act to provide additional compensation for members of the Board of Education of Banks County, Georgia, in addition to the compensation now allowed by law, to provide for the payment of same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the members of the Board of Education of Banks County, Georgia, in addition to the compensation now allowed by law, shall be entitled to the sum of one dollar ($1.00) per day or the fractional part of a day each, while in attendance upon the duties of their office in said county, provided their per diem shall not exceed three dollars each, per day, for actual service rendered. Extra compensation. Sec. 2. Be it further enacted, That that extra compensation of one dollar per day shall be paid in the same mode or manner to said members of Board of Education of Banks County, Georgia, as is now allowed by law. Payment.

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Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1920. BANKS COMMISSIONERS' SALARIES. No. 567. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues of Banks Countyapproved August 19, 1916, and amended August 15th and 21st, 1917, so as to provide the manner of fixing the salary of the members of the Board of Commissioners of Roads and Revenues of Banks 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 all of Section 8, pages 350 and 351, Acts of 1916, creating a Board of Commissioners, be stricken, and in lieu thereof the following shall be substituted for Section 8, so that said Section 8 when so amended shall read as follows: Section 8. Be it further enacted by the authority aforesaid, That the members of the Board of Commissioners of Roads and Revenues shall each receive the sum of two hundred and seventy-five ($275.00) dollars per annum, to be paid out of the county treasury, to be paid quarterly; provided further, that the Chairman of said Board of Commissioners shall receive an extra compensation of seventy-five ($75.00) dollars per annum, and this shall be all the compensation they shall receive for their services as such Commissioners, but this Act shall not become operative until January 1st, 1921. Act of 1916, 8 stricken. To be read. Salaries. Chairman. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1920.

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BANKS COMMUTATION ROAD TAX. No. 571. An Act to amend an Act approved August 17, 1917, Acts of 1917, pages 312 and 313, entitled Banks County Commutation Road Tax, manner of collecting 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 said Act be amended by striking all of Section 1 of said Act and inserting in lieu thereof the following sections: Act of 1917, 1 stricken. Sec. 2. That on and after January 1st, after the passage of this Act that the commutation assessment or public road tax fixed by the County Commissioners or the Ordinary as the case may be of Banks County, shall be at the rate of not less than two ($2.00) dollars nor more than three ($3.00) dollars per day for those subject to road duty or road taxation in Banks County, provided further that the commutation tax or road work in lieu thereof shall not exceed road tax on work as is allowed by law. Tax rate. Sec. 3. Be it further enacted by the authority aforesaid, That it is clearly understood, and not subject to misconstruction, that the party or parties that are subject to or owe the road tax or commutation tax, or in lieu thereof the road work to the county, must and shall have his or their choice as to which he or they shall do, either work out his tax on the public road or pay the road tax in money, to said authorities or their agents. Manner of payment. Sec. 4. The county authorities shall have the authority to demand and collect the said commutation road work or money tax, subject to the foregoing provisions from each and every one subject to road duty or taxation, annually, semi-annually or quarterly as they may deem best, in the County of Banks. Collection.

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Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 9, 1920. BANKS COUNTY; TREASURER'S SALARY. No. 608. An Act toame nd an Act of the General Assembly of Georgia, approved August 14, 1916, fixing the salary of the county treasurer of Banks 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 1 of the Act approved August 14, 1916, fixing the salary of the county treasurer of Banks County, be amended as follows: By striking the words and figures three hundred wherever it appears, and inserting in lieu thereof the words and figures five hundred, and also by striking the words and figures beginning on the first day of January, 1917, wherever it appears in said section, and inserting in lieu thereof the following words and figures: Beginning on the first day of January, 1921. Also by striking the words and figures twenty-five wherever they appear in said section, and inserting in lieu thereof the words and figures `forty-one and two thirds, so that said section when so amended shall read as follows: Act of 1916 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the county treasurer of Banks County shall be paid a salary of five hundred ($500.00) dollars per annum, beginning on the first day

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of January, 1921, and payable on the last day of each month in monthly installments of forty-one and sixty-six and two-thirds, hundredths ($41.66 2-3) dollars. Said salary shall be paid to such treasurer by authority of the County Commissioners or Ordinary as the case may be of the County of Banks and it shall be paid out of funds to such treasurer, as heretofore provided for the paying of Commissioners, and any access of such amount heretofore provided for the paying of Commissioners for such treasurer shall remain and be a part of the county funds of said county, to be expended and used by the County Commissioners of Banks County, as other county funds are now expended. To be read. Salary fixed. Sec. 2. Be it further enacted by the General Assembly, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920. BANKS; ADDITIONAL COMPENSATION FOR JURORS IN JUSTICES' COURTS. No. 565. An Act to provide additional compensation of seventy-five cents per diem for jurors in Justice Courts of Banks County, Georgia, in addition to the compensation now allowed by law, to provide for the payment of same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the jurors in Justice Courts of Banks County, Georgia, in addition to the compensation now allowed by law, shall be allowed or entitled to the sum of seventy-five cents per day or the fractional part of a day each, while in attendance upon a Justice Court in said county in

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obedience to a summons issued and served upon them for that purpose, or while serving as a talesman therein, and it shall not be necessary for said jurors to be sworn to draw said compensation. Additional compensation. Sec. 2. Be it further enacted, That when any person entitled to pay as a juror hereunder, he shall make affidavit on the back of his summons as to the number of days he has attended on said summons, and if a talesman he shall make affidavit of the number of days attended in which shall be stated he was a talesman and the Justice of the Peace or Notary shall certify to the truth of the facts stated therein and when this is done, said summons and affidavit with said certificate shall be an order or warrant on the county treasurer, and said county treasurer or the like officer shall pay each juror seventy-five cents for each day proven, out of the county funds. Number of days served. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1920. BARROW COMMISSIONERS CREATED. No. 388. An Act to establish for the County of Barrow a Board of Commissioners of Roads and Revenues; to prescribe the powers and duties of said Board; to fix the terms of such officers; to provide that before such Act shall become effective it shall be ratified by the people an election, 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

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Commissioners of Roads and Revenues for the County of Barrow, 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. Establishment. 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 election. The terms of office of said Commissioners shall be for four years, from January 1, 1921. Three members. Terms. Sec. 3. Be it further enacted by the authority aforesaid That the said County of Barrow shall be divided into two Road Districts as follows: The first Road District shall be composed of Ben Smith's Militia District, Auburn Militia District, Cain's Militia District, Pentecost Militia District, and that portion of House's Militia District lying west of a line in center of public road from Reeve's Mill to Broad Street in City of Winder and west of a line in center of Broad Street and extending with said Broad Street northeast to limits of Winder and west of line in center of National Highway from city limits of Winder to O'Shield's Bridge over Mulberry River; the second Road District shall be composed of all that portion of House's Militia District lying east of the line above described in center of road from bridge at Reeve's Mill to bridge at Mulberry River known as O'Shields Bridge, Chandler's Militia District, Bethlehem Militia District, Statham Militia District, and Jones Militia District. The purpose and intent of this section is to divide Barrow County into two Road Districts by line in center of road from Reeve's Bridge over Appalachee River and following said road into Broad Street in City of Winder and out Broad Street into National Highway from Winder to Jefferson, and terminating at the

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O'Shields Bridge over the Mulberry River. One Commissioner shall reside in the first Road District at the time of his nomination and election and one Commissioner shall reside in the second Road District at the time of his nomination and election, but the Chairman of the Board of Commissioners shall be limited in residence only to Barrow County. Those announcing for these offices shall specify the office or position aspired to by the applicants; that is, whether the candidate desires to be Chairman or District Commissioner, and they shall be voted upon by the qualified voters of Barrow County in accordance with this scheme; that is, they shall elect a Chairman from the list of candidates offering for Chairman and they shall elect a Commissioner from the First Road District out of the residents of said district who are candidates for that office, and they shall elect a Commissioner from the Second Road District out of the residents of said district who are candidates for that office, under the same rules and regulations that govern the nomination and election of county officers. The Chairman and District Commissioners thus chosen and elected shall compose the Board of Commissioners of Roads and Revenues of Barrow County for four years from January 1, 1921, and until their successors are duly elected and qualified, unless removed by death or resignation or in some legal manner. Should a vacancy occur in any manner in the office of Chairman or District Commissioner, the said vacancy shall be filled in the same manner as a vacancy in the office of Clerk of the Superior Court and an election shall be called by the Ordinary of Barrow County to choose a successor in the same manner as in case of choosing a successor to Clerk of the Superior Court. Should this Act be ratified by a vote of the people of Barrow County, as is hereinafter provided, then an election shall be had throughout the County of Barrow on the first Tuesday in November, 1920, under the rules and regulations governing the election of county officers, of which election the Ordinary

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shall give notice in the official gazette for thirty days next preceding such election, in which notice shall be specified the officers to be chosen, and at this election there shall be chosen by the people of Barrow County a Chairman of the Board of Commissioners and a Commissioner for the First Road District and a Commissioner for the second Road District for the terms and under the regulations already specified herein. Road districts. Commissioner in each district. Vacancies. Election. Sec. 4. Be it further enacted by the authority aforesaid, That no person shall be qualified to fill the office of Commissioner of Barrow 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 the Ordinary of Barrow County, his successors in office, 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 of office. 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.

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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 chief 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 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. Chairman's salary. Duties. Ex-officio clerk. 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, 1921, and the chairman may call such other meetings as may be found necessary, after giving to each of the Commissioners one day's written notice of the time and place of such meeting. That all

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the regular monthly meetings of said Board shall be held at the court house in the City of Winder. That two members of said Board one of whom must be the Chairman, shall constitute a quorum for the transaction of business, and the members of said Board, other than the Chairman, shall receive for their services $5.00 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 approved and signed by him and one other members 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 debts shall be signed by said Chairman and one other members of the Board, and the treasurer of said county shall not disburse or pay out any of its funds on 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 Court, or orders drawn by the Judge of the Superior Court, 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. Time. Places. Quorum. Compensation. Claims and warrants. 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 Barrow 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,

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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. Control over county matters. 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 to punish for contempt and to try and punish road defaulters. Judicial powers. Sec. 9. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall keep an office in the court house at Winder, 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 courthouse at Winder, provided for keeping securely such county records. Office. 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 March term of Barrow 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

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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 above 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 as has already been provided. That the terms of office of the Commissioners provided for under this Act shall begin on the 1st of January, 1921. Exemption from jury duty. Vacancies. Commencement of terms. Sec. 12. Be it further enacted, That the returns of all the elections, both general and special, held under the Act shall be made to the ordinary of said County of Barrow at noon on the day following the election at the courthouse of said county. Said Ordinary shall thereupon consolidate the returns of said election for the militia districts composing each of the two road districts, numbers one and two, 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 Barrow, 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, and he shall likewise consolidate the vote, declare the result and determine who was elected as chairman and shall likewise certify to the Governor the result of the election for chairman. Election returns. Sec. 13. Be it further enacted, That immediately after the passage of this Act the Ordinary of said countty shall call an election for the purpose of submitting to the qualified voters of said county the question whether they desire County Commissioners created for said county, which said election shall be held within thirty days from the date of said call. Those voting in favor of the creation

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of County Commissioners shall cast ballots having written or printed thereon the words, For Commissioners, and those voting against the creation of said Commissioners shall cast ballots having written or printed thereon the words Against Commissioners. Such election shall be held under the present law governing the holding of general elections in said State, except that the returns must be made to the ordinary, who shall consolidate the returns and declare the result and certify the result to the Governor, after entering the result and consolidation on the minutes for county purposes. Election to ratify. Sec. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1920. BERRIEN; CLERK OF COUNTY COMMISSIONERS. No. 677. An Act to amend an Act entitled an Act to create the Board of Commissioners of Berrien County, together with Acts amnedatory thereof, so as to provide for the election of a clerk of said board to be one of their number, or one not a member of their body, and for 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 of Section 1 of the Acts of the General Assembly of Georgia, approved August 18, 1919, (see Acts of the General Assembly of Georgia, Page 590), be stricken, and the following substituted in lieu thereof: Act of 1919 amended. Sec. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the

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same, That said Board of County Commissioners of Berrien County shall have the right to name as clerk for said board, one of their own number, or one not a member of said board to act as clerk thereof. 1 read. Clerk. Sec. 2. Be it further enacted by the authority aforesaid, That, Section 2 of said Act, approved August 18, 1919, be amended by striking from line six of said paragraph 2, the following words, The Ordinary of Berrien County, so that said paragraph when so amended shall read as follows: Sec. 2. Be it further enacted by the authority aforesaid, That the members of the Board of Commissioners of Berrien County shall receive for services rendered by them for said county, the sum of five ($5.00) dollars per day for time actually spent by them to the county's business. The clerk of said board shall keep all minutes and do all clerical work for said Board of Commissioners, and shall receive as compensation for such services, the sum of four ($4.00) dollars per day for time actually given by him to such clerical duties; provided, however, that should he be a member of said Board of Commissioners, he shall not receive compensation as clerk at the same period for which he is receiving compensation as a member of said board. 2 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 16, 1920.

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BRYAN BOARD OF COMMISSIONERS ABOLISHED. NO. 427. An Act to repeal An Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan, State of Georgia, to be elected by the qualified voters of said county, to define the jurisdiction, powers and duties of said Commissioners, and for other purposes, approved August 20th, 1918. Section. 1. Be it enacted by authority of the General Assembly of Georgia, that from and after the passage of this Act, an Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan, Acts of 1918, pages 401 et seq., approved August 20, 1918, be and the same is hereby repealed. Act of 1918 repealed. Sec. 2. Be it further enacted that all records, voucher books, stubs, minutes and records of said Commissioner of Roads and Revenues of the County of Bryan shall be transferred to the office of such authority or authorities as take their place or are created in their stead. Records. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 26, 1920. BRYAN BOARD OF COMMISSIONERS CREATED. No. 432. An Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan, to define their powers and duties, to provide for the method of selection of members, prescribe their qualifications, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act; and after the qualifications of the Commissioners hereinafter named, there shall be created a Board of Commissioners of Roads and Revenues of Bryan County and shall consist of two members; viz.: E. L. Stephens and Isaiah Casey, and that they shall hold office until the first day of January, 1923, and until their successors are duly selected and qualified. Board created. Personnel. Term. Sec. 2. Be it further enacted, That they shall each before entering upon their duties, be commissioned by the Governor, enter into a good and sufficient bond in the sum of five thousand ($5,000.00) dollars, each, and take and subscribe to an oath to faithfully perform the duties of their office and account for all moneys coming into their hands as such Commissioners. Said bond to be payable to the ordinary of Bryan County and his successors in office and the oath subscribed before and each recorded in his office. Bond. Oath of office. Sec. 3. Be it enacted, That at the November term, 1922, of the Superior Court of Bryan County, the Grand Jury shall select the successor to said Commissioners and each and every two years thereafter at the November term, two Commissioners shall be appointed, who shall likewise be commissioned by the Governor, take the oath and give the bond as above mentioned. Successors. Sec. 4. Be it further enacted, That no one shall be selected or chosen by the grand jury of Bryan County who is not a freeholder; nor shall any one be selected who holds funds belonging to the county or who is indebted to the county for taxes due or otherwise, as a Commissioner. Eligibility. Sec. 5. Be it further enacted, That should there be a tie on any question or should they fail to agree, touching any matter requiring their decision, the clerk of said

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Board of Commissioners shall decide that particular question or point of issue. Failure to agree. Sec. 6. Be it further enacted, That said Board of Commissioners shall hold their regular sessions on the first Monday in every month at the county site and shall receive the sum of ten ($10.00) dollars for every day for such meetings, and on any other occasions than a regular meeting on the first Monday they shall receive the sum of five ($5.00) dollars per diem, upon statements showing date, for what purposes and upon what matter. Sessions. Compensation. Sec. 7. Be it further enacted, That said board shall have the right and is hereby empowered to call a meeting at any other time or place than at the county site for the purpose of trying road defaulters. Extra meetings. Purpose. Sec. 8. Be it further enacted, That said board shall select a clerk, who is a resident citizen of Bryan County whose duties it shall be to keep an accurate and minute record of all proceedings of the board, all contracts made, all bills paid and any and all acting and doing of the board shall be kept in a well-bound book which at all times shall be open and subject to inspection, and said clerk shall not be either of the two members of said board. Clerk. Sec. 9. Be it further enacted, That the clerk shall receive a monthly salary of not more than fifteen dollars ($15.00) per month, same to be fixed by said Board of Commissioners. Salary. Sec. 10. Be it further enacted, That said board shall exercise all authority prescribed in Code 694 to 704 inclusive of the Code of 1910 and amendment thereto. That all disbursements thereunder or any other funds of the county shall be by warrant drawn against the fund from which said debt shall be paid, and no other, except as provided for in cases of general funds after the ending of the year, and all warrants shall be signed by both members of the board and countersigned by their clerk.

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No warrant to be signed or issued until audited and approved by both members. Powers. Sec. 11. Be it further enacted, That said Commissioners, or their clerk, shall make out two lists of all persons subject to road duty, or the commutation tax, according to militia districts, keep one on file in their office and one shall be furnished the person who collects said taxes or road dues. That it shall be their duty to see that all persons subject to work the roads, either work or pay the commutation tax. In case of default, each defaulter to be tried. Road duty. Sec. 12. Be it further enacted, That said Board of Commissioners shall have original and exclusive jurisdiction over the following subject matters, to-wit: In directing and controlling all county property of said County of Bryan, as they may deem expedient, according to law, including the county jail and courthouse. In levying a general tax for general purposes and a special tax for special purposes according to law, and over all roads as aforesaid. In establishing and changing election precincts and militia districts. In examining and allowing, according to law, all claims that may arise against the county. In examining and auditing, or the hiring of an examiner or auditor, of the accounts and records of all officers having the care, management, keeping, collecting or disbursing of moneys belonging to the county or appropriated for its benefit or use and bringing them to a settlement. In making rules and regulations according to law for the support of the poor of the county and for the promotion of health as are granted by law. Also to do all and singular other acts devolving upon the office of Commissioners having full and complete charge of county affairs, and to exercise all power over roads and revenues under the laws of this State as given to ordinaries in counties where there are no commissioners. Jurisdiction.

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Sec. 13. Be it further enacted, That said Commissioners shall be held strictly in conformity to Code Section 393, 394 of the Civil Code of 1910, and that no purchases shall be made from such persons therein described except upon a statement of all goods and merchandise duly itemized and prices charged be spread upon the minutes of said Commissioners. C. C. 393, 394, applied. Sec. 14. Be it further enacted, That the said Commissioners shall at least twice a year furnish and publish a statement of the financial conditions of the county in the newspaper wherein the sheriff's advertisement appears which said statement shall be duly attested as the correct conditions of the county by the clerk or other member of the board. Statement of financial conditions. Sec. 15. Be it further enacted, That in case of vacancy by death or resignation or otherwise the remaining member shall immediately appoint a successor who shall qualify by taking the oath and giving bond as is hereinbefore provided, and shall hold his office until the next session of a regular grand jury which shall name the successor of the person causing the vacancy. Vacancies. Sec. 16. Be it further enacted, That said Board of Commissioners shall closely examine the work done by the warden of the chain-gang and supervise the guards appointed under him and shall see that the county physician does his duty and shall pay and fix the salary of each in accordance with the laws and under the rules of the Prison Commission. Warden of chain-gang. Sec. 17. Be it further enacted, That said Board of Commissioners shall have the right and power to relieve double taxes according to law, and the authority to change or alter any mistake of facts that may appear from the records of the tax collector or receiver as to amount of taxes returned so that the same may conform to the truth, but not the authority to arbitrarily change any returns or pay back any amount paid. Duble taxes.

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Sec. 18. Be it further enacted, That said Board of Commissioners shall have and are hereby invested with the authority to employ counsel and to pay for such service out of the proper fund of the county in a sum not exceeding three hundred ($300.00) dollars per annum. Counsel. Sec. 19. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 26, 1920. BULLOCH COUNTY TREASURER'S OFFICE ABOLISHED. No. 694. An Act to abolish the office of County Treasurer in and for the County of Bulloch, and to make provision for the handling and disbursement of all county funds, and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1923, the office of County Treasurer of Bulloch County shall be and the same is hereby abolished. Treasurer's office abolished. Sec. 2. Be it enacted by the authority aforesaid, That Bank of Statesboro, Sea Island Bank and National Bank of Statesboro, all located in the City of Statesboro, Bulloch County, Georgia, be and the same are hereby designated and appointed to receive and disburse the public funds of Bulloch County, for one year and until their successor is appointed and qualified. Said banks to receive and disburse equally all funds which is now the duty of the County Treasurer to receive and disburse, said service of said banks to be without expense to the county. Said banks before entering upon their duties shall each

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give a good and solvent bond and security for twenty thousand dollars to be approved by the ordinary of Bulloch County. Receipt and disbursement of funds. Sec. 3. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1920. BULLOCH BOARD OF COMMISSIONERS ABOLISHED. No. 587. An Act to repeal an Act to provide for the creation of a Board of County Commissioners of Bulloch County and to prescribe their powers and duties, to provide when this Act shall become operative, and for other purposes, and to repeal all Acts amendatory thereof. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage and going into effect of this Act, that An Act to provide for the creation of a Board of County Commissioners for the County of Bulloch, to prescribe for their powers and duties, and for other purposes (Georgia Laws 1903, pages 322-324), approved August 18, 1903, the Acts amendatory thereof, approved August 18, 1913 (Georgia Laws 1913, pages 348-349), the Act amendatory thereof, approved August 8, 1917, (Georgia Laws 1917, page 314, and all other and amendatory Acts thereof, be, and the same are hereby repealed, provided, however, this Act shall not become operative and go into effect until January 1, 1921. Acts repealed. Effective Jan. 1, 1921. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 10, 1920.

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BULLOCH BOARD OF COMMISSIONERS CREATED. No. 689. An Act to provide for the creation of a Board of Commissioners for the County of Bulloch; to provide that the same shall consist of one Commissioner; to prescribe his powers and duties; to fix his compensation and the manner of his election and qualification; to provide when this Act shall go into effect, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage and going into effect of this Act there is hereby created a Board of County Commissioners for the County of Bulloch, which said board shall consist of one member, whose term of office, duties, powers, compensation, and manner of election and qualification shall be as is hereafter provided. Establishment. One member. Sec. 2. Be it further enacted by the authority aforesaid, That the term of office of said Commissioner shall be for four years and until his successor is elected and qualified, provided, however, that the term of office of the first Commissioner who is hereinafter designated shall be as is hereinafter provided. Sec. 3. Be it further enacted by the authority aforesaid, that R. J. Kennedy be and he is hereby appointed and made Commissioner of Bulloch County from the date of the approval and going into effect of this Act and until January 1st, 1923, and the Governor of Georgia shall issue a commission to him as such. Said R. J. Kennedy and his successors in office shall give bond in the sum of $20,000.00, which shall be approved by and filed with the ordinary of Bulloch County. The premium on said bond, if any, shall be paid for by the county as other county expenses are paid. If a vacancy occurs on account of the death or resignation of the said R. J. Kennedy

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before the expiration of his term of office, the vacancy shall be filled, in the same manner as other vacancies are now filled in county offices, and pending the election to fill said vacancy, the Ordinary of Bulloch County is hereby authorized and empowered to perform the duties of said County Commissioners until his successor is elected and qualified. R. J. Kennedy appointed. Term. Bond. Vacancy. Sec. 4. That the term of office of such successor shall begin on January 1st, 1925, and shall be for a term of four years and until his successor is elected and qualified, and said Commissioner shall be elected by the duly qualified voters of said Bulloch County in the same manner as other county officers of said county are elected. Upon the election of the said Commissioner as aforesaid he shall give bond as is herein provided for, and before entering upon the discharge of the duties of his office, shall take and subscribe to an oath to faithfully perform the duties of said office to the best of his ability and knowledge. Successors. Oath of office. Sec. 5. Be it further enacted by the authority aforesaid, That said R. J. Kennedy and his successors in office shall be paid a salary of $300.00 per month. Salary. Sec. 6. Be it further enacted by the authority aforesaid, That said Commissioner shall act as his own clerk and as such shall keep complete and accurate record of all his official acts and doings. Clerk. Sec. 7. Be it further enacted by the authority aforesaid, That said Commissioner shall have full and complete control of the county property, of the paupers and paupers' home of the county, and the roads and bridges of the county, and of the chain-gang and convicts of said county. The other county business shall be transacted by the ordinary of said county as heretofore it has been done; provided, nevertheless, that the ordinary of said county shall advise with the other member of said Board before levying taxes, and it is hereby made the duty of

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said Ordinary to levy such taxes as will, in the opinion of the board, be necessary to meet the expenditures of the year, according to the plan for the working of the roads, building and preserving and repairing of bridges, and the property of the county, and for the protection of the paupers and maintaining of the chain-gang. County property. Other county business. Sec. 8. Be it further enacted, and it is hereby declared to be the main purpose of this Act, to secure for the County of Bulloch good roads and bridges, and to this end said board is hereby empowered and authorized to adopt the best plans practicable for carrying into effect of whatever system of road working may be of force or which may hereafter be adopted in said county; and to this end may organize a chain-gang, may hire such convicts from other counties as they think best, may apply to the State for such of the felony convicts as allowed by law, may employ such road experts and bridge experts and purchase such road machinery and material as he thinks best; may cause to be levied such taxes, which may be levied under the law as he may think best and necessary to properly carry into effect the provision of this Act. Roads and bridges. Sec. 9. Be it further enacted by the authority aforesaid, That should there be a vacancy in said board from refusal to serve or from any other cause, said vacancy shall be filled by the appointment of the Judge of the Superior Court of Bulloch County. Vacancy. Sec. 10. Be it further enacted by the authority aforesaid, That said Commissioner shall hold his monthly court on the first Wednesday in each month for the transaction and disposition of such business as may be required, but he may adjourn his court from day to day and shall have power to transact all business herein provided for at any and all times he desires. Monthly court. Sec. 11. Be it further enacted by the authority aforesaid, That all money paid out by said board shall be by

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order of the board, stating for what paid, signed by the Chairman of said board and countersigned by the clerk. Money paid out. Sec. 12. Be it further enacted by the authority aforesaid, That this Act shall not become operative or go into effect until January 1st, 1921. Effective Jan. 1, 1921. Sec. 13. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. CATOOSA BOARD OF COMMISSIONERS ABOLISHED. No. 697. An Act to abolish the Board of Roads and Revenues of the County of Catoosa; to create a Board of Commissioners of Roads and Revenues in and for the County of Catoosa; to provide for the election of said board members, to prescribe their duties and powers; to fill vacancies; to create four road districts, one member of said board to be elected from each road district; to permit said board to elect a superintendent of roads; to provide for the selection of a clerk; to provide for the compensation and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be created for the County of Catoosa, a Board of Commissioners of Roads and Revenues, to consist of five (5) members, one of whom shall be the ordinary, and one from each of the four road districts as hereinafter provided for, who shall be elected by the voters of their respective districts. Said members shall

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serve for four years and until their successors are elected and qualified; the members of said board to be elected at the next general election, and every four years thereafter. Establishment. Five members. Term. Sec. 2. Be it further enacted by the authority aforesaid, That said County of Catoosa shall be divided into four road districts to be designated as one, two, three and four, and each of said road districts shall elect one member residing in the jurisdiction of said district as their representative on said board, District No. One (1) shall embrace that territory included by the following militia districts; Ringgold and Wood Station; District Number Two (2) Catoosa and Blackstock; District Number Three (3) Chambers and Boynton; District Number Four (4) Graysville and Ninth. Road districts. Sec. 3. 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 member thereof until the next general election; said vacancy to be filled from the district in which the vacancy occurs. Vacancies. Sec. 4. Be it further enacted by the authority aforesaid, That the ordinary shall be chairman of said board. At least three members shall be necessary to constitute a quorum, the ordinary deciding any question upon which said board is equally divided. The member of said board shall receive the sum of Three ($3.00) dollars per day for each day served on such commission. The board shall have meetings on the first Tuesday in each month and may have special meetings upon the call of the chairman, or in case of his inability or refusal to act, by a majority of the board after due notice. Said board may select a clerk from its own members or otherwise, whose salary shall be fixed by the grand jury of said county. Ordinary is chairman. Quorum. Compensation. Meetings. Clerk.

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Sec. 5. 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 improvements, establishment and maintenance thereof; over the public buildings, and property of the count, courthouse, jail and county farms; over the county taxes, licenses and finances; over drainage, sanitation and hygiene, with power to buy, assess, fix and collect taxes and to appropriate and expend 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 perform all other duties incident thereto. Jurisdiction. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, and more especially all previous Acts and amendments thereto creating a Board of County Commissioners for Catoosa County be, and the same are hereby repealed on and after the first day of January, 1921. Effective, when. Approved August 16, 1920. CHARLTON BOARD OF COMMISSIONERS ABOLISHED. No. 676. An Act to repeal an Act of the Legislature of 1896, together with all amendments thereto, entitled, An Act creating a Board of Commissioners of Roads and Revenues for Charlton County and to define their powers and duties, and approved on the 23rd day of December, 1896, and published in the Acts of 1896, page 272. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the

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same, That from and after January 1st, 1921, an Act, together with all amendments thereto, entitled, An Act creating a Board of Commissioners of Roads and Revenues for Charlton County and to define their powers and duties, approved 23rd day of December, 1896, and contained in the Acts of 1896, page 272, be and the same is hereby repealed, and said Board of Commissioners of Roads and Revenues is hereby abolished on and after said date of January 1, 1921. Act of 1896 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That this Act shall go into effect and become operative of the 1st day of January, 1921. Effective Jan. 1, 1921. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. CHARLTON BOARD OF COMMISSIONERS CREATED. No. 624. An Act to create a Board of Commissioners of Roads and Revenues for the County of Charlton, State of Georgia, to provide for the selection of members thereof, to prescribe their powers, duties, compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Charlton, in said State, is hereby created, to consist of three members who shall be qualified voters of said county. Establishment. Three members. Sec. 2. Be it further enacted by the authority aforesaid, That for the purpose of this Act, the County of

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Charlton shall be divided into three road districts, as follows: The Folkston Militia District and the Traders' Hill Militia District, shall constitute District Number One; tee Winokur Militia District and the Uptonville Militia District shall constitute District Number Two; the Toledo Militia District, the Gaineyville Militia District and the Moniac Militia District shall constitute District Number Three, and one commissioner shall be selected for each road district from the territory embraced in such road district. Road districts. One commissioner for each district. Sec. 3. Be it further enacted by the authority aforesaid, That S. F. Mills, Jr., is hereby named commissioner for District Number One and that he shall hold his office for a period of three years from the first day of January, 1921, or until his successor is selected and qualified; that L. T. Wasden is hereby named commissioner from District Number Two for a period of two years from the first day of January, 1921, or until his successor is selected and qualified; that W. C. Hopkins is hereby named commissioner for District Number Three for a period of one year from the first day of January, 1921, or until his successor is selected and qualified. Personnel of board. Sec. 4. Be it further enacted by the authority aforesaid, That the terms of office of the commissioners after the expiration of the terms of office of the commissioners hereinbefore named shall be for the term of two years each, and any member may become his successor in office upon his selection and qualification. Terms. Sec. 5. Be it further enacted by the authority aforesaid, That should a vacancy from death, resignation, removal from county or district, or otherwise, occur on said Board of Commissioners, the same shall be filled by appointment of the Judge of the Superior Court of said County of Charlton for the remainder of such unexpired term for which such appointment is made, and such appointment

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shall be from the road district from which such vacancy occurs. Vacancies. Sec. 6. Be it further enacted by the authority aforesaid, That each commissioner before entering upon his duties shall give bond in the sum of one thousand dollars each, payable to the ordinary of said county, and his successors in office, and shall take and subscribe to an oath before the ordinary of said county to well and faithfully perform his duties as such commissioner under this Act, and said bond shall be filed with the ordinary and recorded upon his minutes. Said bond shall be for the faithful performance of the duties of the office and may be sued on by the Ordinary on his own motion or by direction of the grand jury, and any commissioner and his sureties shall be liable for any breach thereof by way of malfeasance in office, or for any neglect of duty. Bond. Oath of office. Sec. 7. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall hold a regular meeting in each month on the first Monday thereof; the first meeting to be held on the first Monday in January, 1921, at ten o'clock, a. m. when the present Commissioners of Roads and Revenues for said county shall turn over to them their office, all records, books and official papers therein, together with all county property, with a full inventory of the same and a full and complete statement showing the financial condition of the county. At this meeting, or as soon thereafter as practicable, the Board of Commissioners shall organize by electing one of the members as chairman, one as vicechairman, and every two years thereafter on the first Monday in January a chairman and vice-chairman shall be elected, but any chairman or vice-chairman shall hold his office until his successor is elected, and nothing herein shall prevent the re-election of any chairman or vice-chairman. The vice-chairman shall in the absence or disqualification of the chairman or during the vacancy in office of chairman, perform and discharge all of the duties

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of the chairman, and in the event of a vacancy in the office of chairman or vice-chairman the same shall be filled by the board at its next regular meeting after such vacancy becomes known. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions and rules of said board are faithfully filled and impartially executed and enforced, and that all the officers, employees, and agents of said board faithfully and impartially discharge the duties required of them. He shall have the general supervision of the affairs of the county, acting under orders of the board and shall preside at all meetings of the board. He shall have the power to convene the board in extra session upon his own motion or upon the written request of the other two members of the board, and shall do so whenever the other two members make such request in writing. Meetings. Statement of financial condition. Organization. Chairman and vice-chairman. Duties. Sec. 8. Be it further enacted by the authority aforesaid, That the salaries to be received by the commissioners shall be five dollars per day each, but no commissioner shall pay for more than sixty days in any one year, and his pay shall be for actual services rendered. At the first regular meeting of each month each commissioner shall furnish the clerk of said board, a statement of his services for the previous month, and upon approval of the board he shall be paid therefor from the county treasury in the same manner as other expenses of the county are paid. Salaries. Sec. 9. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall at their first regular meeting on the first Monday in January, 1921, or as soon thereafter as practical, and every two years thereafter on the first Monday in January, elect a clerk, at a salary to be fixed by the commissioners, and before entering upon his duties as such clerk, he shall give bond to be approved by the Board of Commissioners payable to the Ordinary of said county and his successors in office, in the sum of one thousand dollars conditional for

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the faithful performance of his duties as such clerk and to account for any and all funds, property or effects which may come into his hands as such clerk, which bond shall be filed with the ordinary of said county and recorded on his minutes, and may be sued on in like manner as the bond of said commissioners. The Board of Commissioners shall cause the clerk to keep proper and accurate books of minutes wherein shall appear all acts, orders and proceedings of the board and shall also cause him to keep full and accurate books of accounts wherein shall appear in detail all orders, warrants and other proceedings drawn by the Board of Commissioners on the County Treasury, or deposition, for what purpose and on what fund, and all such orders and warrants shall be so drawn as to specify the purpose and on what fund drawn. Said books and records shall be so kept as to show at all times the financial condition of the county, and shall be open to inspection by any citizen as taxpayer of the county or of any other person interested in the same. The clerk shall also keep a book or inventory of all county property, including road machinery, live stock, chain-gang outfits, road working tools and every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year; and the clerk shall keep such other books and records as may be necessary, or as the board may order, and shall perform generally all and singular the acts and duties necessary to be performed by him, as such clerk, and such other duties as said Board of Commissioners may require. Said board may discharge said clerk at any time and elect a successor. Clerk. Duties. Sec. 10. Be it further enacted by the authority aforesaid, That the Board of Commissioners, either themselves, or duly appointed agents, shall purchase all equipment, materials and supplies of said county, of such kind

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and quality and in such quantities as they may direct; and wherever practical purchases of all equipment, materials and supplies shall be by competitive bids, which bids shall be kept on file in the office of the commissioners and subject to inspection by the grand jury, or other interested citizens. All purchases made shall be charged to Charlton County, and before bills therefor are submitted to the board for approval, they shall be audited and payment thereof recommended by the party or parties making such purchase, and if approved by the Board of Commissioners at a regular meeting thereof, said approval shall be endorsed on said bills by the chairman and a list thereof entered upon the minutes of the board, and when this is done warrants therefor shall be regularly drawn, which warrants shall be signed by the chairman and clerk, as all other warrants drawn on the treasury of the county depository shall be signed before payment thereof is made, except that in the absence of the chairman said vice-chairman shall be authorized to sign warrants on the county treasury or depository. County supplies. Purchases. Sec. 11. Be it further enacted by the authority aforesaid, That said Board of Commissioners may at their discretion and when they deem necessary elect a superintendent of roads and bridges to be selected on account of his efficiency and knowledge and skill in practical road building. The superintendent may also be convict warden, but aside from his duties as warden, if elected to that position, he shall not engage in any other business, trade or calling, which will require any of his time as superintendent of roads and bridges and convict warden. This officer shall have charge of laying out, building, repairing, improving and maintaining the public roads and bridges of the county, under orders of the Board of Commissioners. He shall receive such salary as may be fixed by the Board of Commissioners and his term of office may be such as may be fixed by the board, with authority vested in the board, to discharge him at any time

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and elect or employ a successor. The superintendent or warden shall give his receipt in writing to the clerk of the board for all supplies and materials furnished to him by the board, which receipt shall be kept filed in the office of the Board of Commissioners. Superintendent of roads and bridges. Duties. Salary. Sec. 12. Be it further enacted by the authority aforesaid, that the Board of Commissioners shall have the books and accounts of the tax collector, tax receiver, treasurer or county depository, sheriff, superintendent of schools and commissioners of roads and revenues audited by a certified public accountant, of this State, immediately after they take charge of the affairs of the county to cover such period as they may deem advisable and every two years thereafter they must have. the books and accounts of said officers examined for the two years previous, full reports of such audits, including statements of assets and liabilities, of revenues and expenses and such schedules as may be necessary for a clear understanding of the affairs of the county, as of January 1st of each year shall be made and such audits shall be completed and furnished to the next succeeding term of the Grand Jury of the county, an intelligent statement of each audit showing the financial condition of the county, its receipts and disbursements; shall be published by the commissioners, in the official organ of the county, if satisfactory prices therefor can be made for such publication, that the citizens and taxpayers may fully understand the financial condition of the county. Audit of books and accounts. Statements published. Sec. 13. Be it further enacted by the authority aforesaid, That said Board of Commissioners of Roads and Revenues shall have, and they are hereby vested with exclusive jurisdiction and control over the following matters, to-wit: In directing, controlling and caring for all the property of the county according to law; in levying taxes according to law; in establishing, altering, or abolishing public roads, private ways, bridges and ferries, according to law; in establishing, abolishing or changing

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election precincts and militia districts according to law; in supervising the tax collector's and tax receiver's books, and in allowing the insolvent list for said county, according to law; in settling all claims against the county; examining and auditing all claims and accounts of officers have the care, management, keeping, collecting, or disbursement of money belonging to the county, or appropriating for its use or benefit and bringing them to settlement; and especially are they charged with frequently examining and auditing of the books of the county treasurer or county depository; the tax collector, tax receiver, the sheriff, the superintendent of public schools, or other officer of said county through whose hands county funds must pass, and this may be done by the commissioners themselves or through their clerk or auditor, and they may require from all such officers, subject to an examination, such reports as may be necessary to keep such Board of Commissioners fully informed at all times of the financial condition of the county; in controlling, caring for and managing the convicts of the county, according to law; in making rules, regulations and provisions for the support of the poor of the county, according to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and edipemics, according to law; in regulating and fixing license fees as may be provided by law; in providing for the levying and collecting of the commutation road taxes, fixing the amount to be paid in money or the number of days of work to be performed in lieu thereof; in trying all roads 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 to the jurisdiction over county matters, or county finances; in selecting and appointing all minor officials of the county whose election or appointment is not otherwise fixed by law, such as superintendent and

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guards of convicts and chain-gang, janitor of the court-house, superintendent of pauper farms, should one be established, county physician and health officer, tax assessors, county policemen, and other officers and guards as needed and authorized by law; and such boards shall have authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the Board of Commissioners may direct, who shall be paid such salary as the Board of Commissioners may fix, monthly out of the regular county funds of the county, with authority of said Board of Commissioners to fix his term of office or to discharge him at any time; in regulating peddling licenses, according to law; said board shall have entire control of the convicts of said county sentenced to work upon the roads or works of said county by the proper authorities of the State assigned to the county by the proper authorities of the State, and shall so employ them according to law, and under such plans of working, building, repairing, and maintaining the public roads, bridges and works of said county as may now or hereafter be adopted, or enforced by law in said county. Jurisdiction and powers. Sec. 14. Be it further enacted by the authority aforesaid, That said Board of Commissioners may receive contributions for the improvement of the public roads or bridges of the county from persons who own property along the same, or from any other person or persons, or from the State Government or the United States Government, or from any corporation or firm who may be interested in the improvement of the roads and bridges, and such contributions when received shall be used for the improvement of the road or bridge designated by the contributor. Contributions for road improvements. Sec. 15. Be it further enacted by the authority aforesaid, That it shall be unlawful for said commissioners to employ any person related within the second degree, either by blood or marriage, to any member of the board,

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or to contract with such person, or persons, for any equipment, material or supplies or for any work to be done upon the public roads, bridges or other public works of the county; and it shall likewise be unlawful for any member of said board or their clerk to have any financial interest in sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection or through the purchase of any equipment or supplies for the county, or the awarding of any contract for said county; and if any Commissioner, or the clerk, shall knowingly or wilfully violate any provision of this section, he shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed by Section 1065 of the Penal Code of Georgia of 1910, and shall forfeit his office or be discharged from employment. Eligibility of persons employed by board. Penalty. Sec. 16. Be it further enacted by the authority, aforesaid, That the Chairman and one other member of said board, or in the absence of the Chairman, the Vice-Chairman and one other member of said Board of Commissioners, shall constitute a quorum for the transaction of any business of the Board. Quorum. Sec. 17. Be it further enacted by the authority aforesaid, That the successors to the Commissioners herein named shall be selected and appointed in the following manner: The grand jury of Charlton County sitting at the fall term of Charlton Superior Court shall recommend a Commissioner for the district whose term of office expires on the first day of January following, such Commissioner to be selected from within the Road District of the county where such vacancy occurs; the Ordinary of the county shall then take the name of the Commissioner who has been so recommended by the grand jury and forward same to the Governor of this State; and the Governor upon receipt of the name of such person so recommended shall commission such person a member of the Board of Commissioners of Roads

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and Revenues in and for Charlton County, Georgia, for a period of two years beginning the first day of January after such recommendation shall have been made by the grand jury as aforesaid. Selection of successors. Sec. 18. Be it further enacted by the authority aforesaid, That this Act shall go into effect and become operative on the first day of January, 1921. Effective Jan. 1, 1921. Sec. 19. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1920. CHARLTON COUNTY TREASURER'S OFFICE ABOLISHED; DEPOSITORY CREATED. No. 622. An Act to abolish the office of county treasurer for the County of Charlton, State of Georgia; naming the county depository for the funds of said county; to provide for the receiving, holding and disbursing of the funds of said county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That on and after the first day of January, 1921, the office of county treasurer for the County of Charlton, State of Georgia, shall be and the same is hereby abolished. Office abolished. Jan. 1, 1921. Sec. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of the Board of Commissioners of Roads and Revenues, or other county authorities for the County of Charlton, State of Georgia, as soon as this Act becomes effective, to demand from the county treasurer all books and papers belonging to said

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county and pertaining to the office of county treasurer, and to examine the accounts of such retiring treasurer or his representative and to have with such treasurer or his representative a full and complete accounting and final settlement, and to issue to said treasurer or his representative, and to his bondsmen, upon such final settlement, a full and complete release of all liability as such treasurer. It is hereby made the duty of said treasurer to surrender and deliver to said Board of Commissioners or other county authorities the books and papers referred to. Delivery of books and papers. Sec. 3. Be it further enacted by the authority aforesaid, That as part of the settlement referred to in Section Two (2) of this Act, the retiring treasurer of Charlton County shall deliver and turn over to the county depository named as provided in this Act, all funds, property, moneys and effects, except the books and papers to be delivered to the Board of Commissioners or other county authorities, in the hands of said county treasurer as such treasurer and shall be receipted therefor by said Board of Commissioners or other county authorities; and until such final receipt is given the county treasurer shall remain subject as now provided by law, to a strict accounting as a holder of public money. Settlement by retiring treasurer. Sec. 4. Be it further enacted by the authority aforesaid, That the Citizens Bank of Folkston, Georgia, is hereby named the county depository as a depository for the the funds of Charlton County. Citizens Bank designated. Sec. 5. Be it further enacted by the authority aforesaid, That before said named depository shall receive any of the funds of Charlton County, said depository, through its proper officers, shall execute and deliver to the Board of Commissioners of Roads and Revenues of Charlton County or other county authorities for Charlton County or their successors a good and sufficient bond, in an amount to be fixed by said Board, and not less than twenty-five thousand ($25,000) dollars, payable to the Ordinary of Charlton County, his successors

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in office, conditioned for the safekeeping, accounting for, and paying over, upon demand of the proper authorities, all moneys and funds which may come into keeping of said depository by virtue of said bank being named as county depository for Charlton County, Georgia, and that such depository shall faithfully perform whatever duties may be required thereof by this Act. Said bond shall be approved by a majority of the Board of Commissioners, or other county authorities, shall be in a good and solvent surety company, doing business in this State, and the premium shall be paid out of the funds of Charlton County. Bond. Approval. Sec. 6. Be it further enacted by the authority aforesaid, That upon the qualification of said named depository as provided in this Act, it shall be the duty of the retiring treasurer of Charlton County to pay over to said depository, The Citizens Bank of Folkston, Georgia, all moneys and funds in his hands as treasurer belonging to Charlton County. Such depository as named in this Act shall receive all moneys and funds from officers and other sources now received and held by the county treasurer, and all persons holding, or who may hereafter hold, or come into possession of county moneys or funds, shall pay same, when this Act becomes effective, to said named depository as they now pay over to the county treasurer. Said depository shall hold said moneys and disburse same upon warrant of the proper authority, shall pay when in funds all orders or warrants issued by the Board of Commissioners of Roads and Revenues or other county authorities for Charlton County, as hereinafter specified; shall take a receipt on each order when paid and carefully file it away; shall keep a well bound book in which shall be entered all receipts stating when and from whom received, and on what account, and all amounts paid out, stating when paid, to whom and on what account; shall keep a well bound book in which shall be entered a full description of all county orders or other forms of indebtedness as they are presented;

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shall record copies of orders of county authorities levying county taxes; shall render reports to and appear before the Board of Commissioners of Roads and Revenues or other county authorities of Charlton County, whenever notified, and before any grand jury on request, to render an account of its doings as said depository; shall exhibit its books as said depository upon request of any grand jury, and monthly to said Board of Commissioners of Roads and Revenues or other county authorities, at their monthly meetings. Said depository shall be both criminally and civilly liable as county treasurer is now liable, and subject to like punishment for malfeasance or nonfeasance of duty. Said depository shall be bound as to bank property and the property of stockholders as well as on its bond, or the bonds of its officers, for the true accounting of county deposits, as in case of other depositors. Receipts and disbursements. Sec. 7. Be it further enacted by the authority aforesaid, That said depository, The Citizens Bank of Folkston, Georgia, shall receive as compensation as such depository the sum of one hundred and fifty ($150) dollars annually, to be paid out of county funds; that said books as provided in Section Six (6) of this Act and the premium on bond shall also be paid for out of the county funds of Charlton County. Compensation of depository. Sec. 8. Be it further enacted by the authority aforesaid, That all checks or warrants against the county funds in said depository shall be drawn by the clerk of the Board of Commissioners of Roads and Revenues, or other county authorities of Charlton County, and countersigned by the Chairman of said Board, which check or warrant shall be numbered and stubbed, shall show for what purpose drawn, the amount for which drawn and the party to whom drawn. Checks and warrants. Sec. 9. Be it further enacted by the authority aforesaid, That all other duties now performed by the county treasurer of Charlton County, especially such as are

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now specified in Section 576 (1) (2), Code of 1910, shall be performed by the Board of Commissioners of Roads and Revenues, or other county authorities of Charlton County. Duties transferred. Sec. 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 12, 1920. CHATHAM COMMISSIONERS; ACT AMENDED. No. 681. An Act to amend an Act entitled An Act to alter, amend and revise the several laws creating and establishing the Commissioners of Chatham County and ex-officio Judges, and for 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 certain Act entitled An Act to amend an Act entitled an Act to alter, amend and revise the several laws creating and establishing the Commissioners of Chatham County and ex-officio Judges, and for other purposes, approved August 18th, 1919, be and the same is hereby amended by adding at the end of Section 1 of said Act the following language, to-wit: Any fine or fines that may be paid by any defendants convicted of violating one of said ordinances, rules and regulations shall be paid into the treasury of the City of Savannah for the purpose of being applied on the expenses of the Municipal Court of Savannah, so that said section of said Act as amended shall read as follows, to-wit: Section 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 Commissioners of Chatham County and ex-officio Judges shall have

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power and authority from time to time to make, ordain and establish such by-laws, ordinances, rules and regulations as shall appear to them requisite and necessary for the security, welfare and convenience of Chatham County and its inhabitants, and for preserving the health, peace, good government within the limits of the same, but not to operate within the limits of any municipal corporation, or include the police jurisdiction given by law to any municipality beyond its limits. Said Commissioners may provide and enforce a penalty for the breach of such ordinances, rules and regulations not to exceed a fine of $100.00 or thirty days at work upon any farm operated by said Commissioners, either or both. Any Judge of Municipal Court of Savannah may hear and determine a case against and acquit or sentence any person charged with a violation of any such by-laws, ordinances, or regulations. Any fine or fines that may be paid by any defendants convicted of violating any of said ordinances, rules and regulations shall be paid into the treasury of the City of Savannah for the purpose of being applied on the expenses of the Municipal Court of Savannah. Act of 1919 amended. To be read. By-laws, rules, etc. Penalty. Approved August 14, 1920. CHATHAM TREASURER'S CLERK'S SALARY. No. 443. An Act to amend an Act approved December 18, 1900, to empower the treasurer of Chatham County to employ a clerk; to fix the compensation of said clerk, and to authorize the Commissioners of Chatham County to pay his salary out of the general funds of the county, and for other purposes, by striking from the first paragraph of said Act the words and such clerk shall receive an annual salary of $900.00 out of

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the general funds of the County of Chatham; and by adding a section in the following words: Such clerk shall receive an annual salary to be fixed by the Commissioners of Chatham County and ex-officio Judges of said county, payable out of the general funds of the County of Chatham. Act of 1900 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, That it shall and may be lawful for the county treasurer of Chatham County, and he is hereby empowered to employ a clerk to be appointed and removable by him. Clerk. Sec. 2. Be it further enacted, That the said clerk shall receive an annual salary to be fixed by the Commissioners of Chatham County and ex-officio Judges of said county, payable out of the general funds of the County of Chatham. Salary. Sec. 3. Be it further enacted, That the said compensation of said clerk shall be paid monthly by orders of the Commissioners of Chatham County and ex-officio Judges of said county or the county treasurer, on bills for such salary to be duly audited by said Commissioners. How paid. Sec. 4. Be it further enacted, That all laws and parts of laws conflicting with this Act be and the same are hereby repealed. Approved July 28, 1920. CHATTAHOOCHEE PRIMARY ELECTIONS. No. 789. An Act to require all political parties in Chattahoochee County, Georgia, to nominate their candidate for county officers by primary elections; to fix as date for general county primary elections, in said county, same date for general county primary elections, in

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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 Chattahoochee County, State of Georgia, shall nominate their candidates 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 party, organizations or associations, said primary elections for the said County of Chattahoochee shall be held on the date so fixed by law. Party nominations by primary elections. When held. 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

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county officers 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 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 election unless his name appears on said list as being registered and qualified as required by the laws of this State. Managers and Clerks. Ballots. 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 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 the 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

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his name appears on said list as being registered and qualified as required by the laws of this State. Special primaries. 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. Unlawful declaration of nominee. 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 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 16, 1920. CHEROKEE COMMISSIONER, COMPENSATION OF. No. 489. An Act to amend an Act approved August 9th, 1915, creating the office of Commissioner of Roads and Revenues for the County of Cherokee, by striking there-from the figures $600.00 on line three of Section 6 of said Act and inserting in lieu thereof the figures $1,200.00; and also for the purpose of amending

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an Act which amended the above recited Act, and which was approved August 12th, 1918, by striking therefrom the figures $1,800.00, in line ten of said amended Act and inserting in lieu thereof the figures $2,500, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That an Act entitled an Act to create the office of Commissioner of Roads and Revenues for the County of Cherokee, approved August 9th, 1915, be and the same is hereby amended by striking from Section 6 of said Act the following words and figures in lines two and three of said Section: That the Commissioner shall appoint a clerk whose salary shall not exceed $600.00 per annum, and insert in lieu thereof the following: That the Commissioner shall appoint a clerk whose salary shall not exceed $1,200.00 per annum, the amount of said salary to be fixed by the grand jury of the county and to be paid monthly at the end of each month's service. Act of 1915 amended. Clerk's salary. Sec. 2. Be it further enacted by the authority aforesaid, That the amended Act to the above recited Act, which was approved August 12th, 1918, be and the same is hereby amended by striking from Section 1, line 10 of said amended Act the figures $1,800, and inserting in lieu thereof the figures $2,500.00, the amount of said salary to be fixed by the grand jury of the county and to be paid from the treasury of said county monthly at the end of each month's service. Act of 1918 amended. Commissioner's salary. 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 3, 1920.

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CLAYTON COUNTY TREASURER'S OFFICE, ELECTION TO ABOLISH. No. 442. An Act to abolish the office of county treasurer of Clayton County, Georgia, provided the qualified voters of Clayton County, Georgia, at the next coming election for State House officers vote in favor of putting such Act in force, and providing the machinery for such election, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That if upon the election to be held as hereinafter provided, and the declaration of the result thereof by the Commissioners of Roads and Revenues, Clayton County, the majority of the voters voting at such election, in Clayton County, Georgia, vote For abolishing the office of county treasurer, that such office of county treasurer be and the same is hereby abolished from the date of the declaration of the result of such election, as hereinafter stated. If at such election the majority of voters vote Against abolishing the office of county treasurer, then the office of treasurer of Clayton County, Georgia, shall not be affected by this Act. Election to abolish. Sec. 2. Be it further enacted, That at the general eelction to be held in the State of Georgia for State House officers, on the 17th day of November, 1920, that in the County of Clayton, State of Georgia, each qualified voter shall have the right to vote, either for or against the abolition of the office of county treasurer; and in so voting shall express his choice, either upon the ticket which contains the name of the candidate for the offices to be filled on such election, or on a separate ticket, and shall express his preference as follows: When held. If such voter is in favor of the abolition of county treasurer he shall express his vote in the following language: In favor of abolishing office of county treasurer.

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If such votes against abolishing the office of county treasurer he shall express his vote against abolishing the office of county treasurer in the following language: Against abolishing office of county treasurer. When such vote is handed into the managers of the election, at such precinct in Clayton County, the vote shall be counted by such managers as are the votes for the various candidates for the various officers being voted for, and the result of such vote on the question of abolishing the office of county treasurer shall be returned by such managers of election in each precinct in Clayton County at said election, to the Commissioners of Roads and Revenues of Clayton County, and be by said Commissioners consolidated. Ballots. Return. Sec. 3. Be it further enacted, That within ten days from the return of said vote by said managers of election to the said Commissioners of Roads and Revenues of Clayton County, that the said Commissioners shall declare the result of said election as to the county treasurer of Clayton County, Georgia, and such declaration of the result by said Commissioners shall be published once in the newspaper in which the county advertisements of Clayton County are published, and shall likewise be spread upon the minutes of said Commissioners of Roads and Revenues of Clayton County, and when such result is so declared, and published and spread upon the minutes of the said Commissioners of Roads and Revenues of Clayton County, then and in such event if the result of said election is for abolishing of the office of county treasurer, that the office of county treasurer, is, from the time of such declaration or publication, abolished. The funds of the county shall be held by and administered by the Board of Commissioners of Roads and Revenues of Clayton County. Result to be declared and published. County funds. Sec. 4. If the result of said election is against the abolishing of the office of county treasurer, the Commissioners shall likewise so declare it by publication as aforesaid once in the paper in which the county advertisements

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are had, and by having their declaration of the result of the election likewise spread upon their minutes, and in such event the office of county treasurer shall not be affected by this legislation. 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 July 28, 1920. COBB COUNTY TREASURER'S SALARY. No. 727. An Act to amend Section 1 of an Act fixing the salary of the treasurer of Cobb County, approved August 13, 1915, by striking from said section where the same appears $50.00 per month and inserting in lieu thereof $100.00 per month. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act Section 1 of the above recited Act fixing the salary of the treasurer of Cobb County, approved August 13, 1915, be and the same is hereby amended by striking the words fifty ($50.00) dollars in the fifth line of Section 1 and inserting in lieu thereof the words one hundred ($100.00) dollars, and by striking the words fifty ($50.00) dollars in the eighth line of Section 1 of said Act and inserting in lieu thereof the words one hundred ($100.00) dollars, so that said Section 1 of said Act fixing the salary of the treasurer of Cobb County when so amended shall read as follows, to-wit: Act of 1915 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 December 31st, 1920, and annually thereafter, the compensation of or salary of the

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treasurer of Cobb County shall be one hundred ($100.00) dollars per month, in lieu of the compensation and any and all other compensation now received by the treasurer of said county; said sum of one hundred ($100.00) dollars per month to be paid out of the treasury of Cobb County. To be read. Salary. Sec. 2. Be it further enacted by the authority aforesaid, That this Act shall not become of force and effect until the same shall have been ratified by a majority of the votes cast by the qualified voters of Cobb county, at an election which is hereby called to be held on the first Wednesday in November, 1920, for the purpose of submitting the provisions of this Act to the qualified voters for their approval or rejection, which election shall be held and the result thereof shall be consolidated and declared in the same manner as now provided by law for holding elections for members of the General Assembly. The Ordinary of Cobb County shall make all the arrangements for holding the election and shall receive such pay as is authorized by the law in such cases made and provided. At said election voters who wish to cast their ballots for the approval of this Act shall have written or printed thereon the words In favor of the Act increasing the treasurer's salary to $100.00 per month, and those wishing to cast their ballots against the Act shall have written or printed on their ballots the words Against the Act increasing the treasurer's salary to $100.00 per month. At the court house in said county on the day succeeding said election at 12 o'clock noon the result of said election shall be declared by the managers thereof to the Ordinary of said county, who shall under his hand and seal certify the result thereof to the Secretary of State. Election to ratify this Act. How held. Ballots. Result. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920.

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COFFEE COMMISSIONERS; ACT AMENDED. No. 576. An Act to amend an Act to create a Board of County Commissioners of Roads and Revenues for the County of Coffee, State of Georgia, to provide for the election of members thereof, to prescribe their powers, duties, compensations, and for other purposes, approved August 18th, 1919, and published in Acts of 1919, pages 609 to 620. Section 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 8 of an Act to create a Board of County Commissioners of Roads and Revenues for the County of Coffee, State of Georgia, providing for the election of members thereof, to prescribe their powers, duties, compensation, and for other purposes, approved August 18th, 1919, and published in Acts of 1919, pages 609 to 620, inclusive, be and the same is hereby amended by striking from the fourth line of said section the word sixty and inserting in lieu thereof the word eighty, so that said section when amended shall read as follows: Sec. 8. Be it further enacted by the authority aforesaid, That the salaries to be received by the Commissioners shall be $5.00 per day each, but no Commissioners shall receive pay for more than eighty days in any one year, and his pay shall be for actual services rendered. At the first regular meeting in each month each Commissioner shall furnish the clerk a statement of his services for the previous month, and upon approval of the Board he shall be paid therefor from the county treasury in the same manner as other expenses of the county are paid. Act of 1919 amended. To be read. Pay of Commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That Section 15 of said Act be amended by beginning at the word be in the second line of said section and striking all of the following words of said section:

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Be unlawful for said Commissioners to employ any person related within the third degree, either by blood or marriage, to any member of the Board, or to contract or supplies or for any work for any equipment, material or supplies or for any work to be done upon the public roads, bridges or other public works of the county and it likewise will, so that said section when amended shall read as follows: Sec. 15. Be it further enacted by the authority aforesaid, That it shall be unlawful for any member of said Board or their clerk to have any financial interest in the sale or purchase of any articles to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment or supplies for the county or awarding of any contract for said county, and if any Commissioner or the clerk shall knowingly and wilfully violate any provision of this section, he shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed by Section 1065 of Penal Code of Georgia, 1910, and shall forfeit his office or be discharged from employment. Further amendment. Sec. 15 to be read. Unlawful financial interest. Penalty. Sec. 3. It is further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920. COLUMBIA COUNTY TREASURER'S OFFICE ABOLISHED. No. 615. An Act to abolish the office of county treasurer for the County of Columbia; to provide for the selection of a county depository for the funds of said county; to

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provide for the receiving, holding and disbursing of the funds of 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 1st day of January, 1921, the office of county treasurer in and for the County of Columbia shall be abolished. Office abolished Jan. 1, 1921. Sec. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of the Commissioners of Roads and Revenues of said Columbia County at the monthly session to be held by them for the transaction of county business during the month of January, 1921, to select and designate a chartered bank located either in the County of Columbia or in an adjoining county, to act as a depository for the funds of the County of Columbia, such selection of such depository to be for the term of one year; and thereafter at the January monthly meeting or session, the Commissioners of Roads and Revenues for said County of Columbia, or the other authorities in charge of the county affairs for said county, shall in like manner select and designate a duly chartered bank located either in said Columbia County or in an adjoining county to act as such depository for the funds of said county for the suceeding year. Bank to be selected. Sec. 3. Be it further enacted by the authority aforesaid, That the bank so selected or designated as depository for the funds of said county shall, before receiving said funds, file with the County Commissioners of said county, or other authorities, who may be in charge at the time of the county affairs for the county, a bond with a surety company authorized to do business in this State, as security thereon, in such amount as may be fixed by the County Commissioners, or other authorities in charge, which amount shall be ample to protect all of the funds of the county which may be deposited in said bank, said bond to be conditioned for a faithful performance of its duties and a true accounting

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for all the funds, assets and property of said county received by said depository; the premiums on said bonds shall be paid out of the county funds. Bond of depository. Premium on bond. Sec. 4. Be it further enacted by the authority aforesaid, That on or before the regular session of the Commissioners of Roads and Revenues held for the transaction of county business in the month of January, 1921, the present county treasurer for Columbia County shall deliver to the Commissioners of Roads and Revenues of said county all books and papers belonging to said county and pertaining to said office of county treasurer, and it shall be the duty of said Commissioners of Roads and Revenues to have with said treasurer a complete accounting and settlement on or prior to the regular meeting in January, 1921, upon his paying over and delivering to the depository selected in the manner herein designated, all of the funds, monies, properties and assets of the county in his possession, and to issue to him a full receipt therefor. Delivery of books and papers. Account and settlement. Sec. 5. Be it further enacted by the authority aforesaid, That on or before the regular meeting day of the Commissioners of Roads and Revenues, January, 1921, the present county treasurer of Columbia County shall pay over and deliver to the county depository selected and designated as in this Act provided, all funds, property, monies and effects in his hands, possession or control as such county treasurer, and to take from the Board of Commissioners and Revenues of said county a receipt therefor. Payment of funds to depository. Sec. 6. Be it further enacted by the authority aforesaid, That such county depository so selected or designated shall receive all monies and funds from the officers and other sources now received and held by the county treasurer, and all persons holding, or who may hereafter come into possession of county monies or funds shall on and after January 1st, 1921, pay the same to such

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depository in the same manner as such funds are now paid to the county treasurer. Receipts of funds. Sec. 7. Be it further enacted by the authority aforesaid, That such depository shall hold said monies and disburse the same only upon the warrant of the proper county authorities and when in funds shall pay all orders and warrants issued by the Board of Commissioners of Roads and Revenues, or other county authorities for said Columbia County, and shall take a receipt for each payment so made and shall keep a well bound book in which all receipts and disbursements shall be entered, stating the dates and amounts and on what account received, and stating all amounts paid out and when and to whom and on what account paid, and shall record copies of all orders of county authorities levying county taxes; and shall render reports to and appear before the Board of Commissioners of Roads and Revenues or other county authorities of Columbia County whenever notified and before grand juries of said county on request, and exhibit its books, receipts and vouchers when so required either by the Board of Commissioners of Roads and Revenues or the grand jury of the county. Disbursements. Sec. 8. Be it further enacted by the authority aforesaid, That no bank selected as a depository for the funds of said Columbia County under this Act shall receive from the county any compensation as such depository other than that all record books required shall be furnished and paid for by said county, and the premiums on all bonds shall be paid by said county out of the county funds. No compensation. Record books, etc. Sec. 9. Be it further enacted by the authority aforesaid, That all checks or warrants drawn against the county funds in said depository designated under this Act shall be drawn and signed or countersigned in the manner which may be prescribed by the Board of Commissioners of Roads and Revenues of said county or other county authorities of Columbia County by appropriate

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order placed upon the minutes of such county, a copy of which shall be furnished to said depository. All checks and warrants so drawn on said depository shall be numbered and stubbed, and the check or warrant and each stub shall show for what purpose the warrant or check is drawn, the amount for which drawn and the party to whom drawn. No check shall be honored by any county depository unless in accordance with these provisions. Checks and warrants. Sec. 10. Be it further enacted by the authority aforesaid, That all other duties now performed by the treasurer of Columbia County shall be performed by the Board of Commissioners of Roads and Revenues of said county, or other county authorities of Columbia County. Duties transferred. Sec. 11. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1920. COOK COUNTY; MANNER OF DRAWING WARRANTS. No. 408. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Cook, approved August 12, 1919; to provide the manner of drawing county warrants and to provide how the same shall be signed, 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 15 of the Act of the General Assembly of the State of Georgia creating a Board of Commissioners of Roads and Revenues in and for the County

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of Cook, approved August 12, 1919, be and the same is hereby stricken therefrom and a new section added in lieu thereof, so that when amended said section shall read as follows: Act of 1919 amended. Section 15. Be it further enacted, That all warrants drawn on said county shall bear attest in the name of Board of Commissioners of Cook County and be signed by the clerk of said Board of Commissioners and countersigned by Chairman of said Board of 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 funds drawn. The Chairman of said Board of Commissioners shall give a bond in the sum of five thousand dollars 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 are the bonds of other county officers. The premium on said bond shall be paid out of the general funds of said county. Nww Section 15. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 24, 1920. COOK COUNTY TREASURER'S OFFICE ABOLISHED. No. 409. An Act to abolish the office of county treasurer of Cook County, Georgia, and to provide for the designation of one or more county depositories; to provide for the deposit of the funds of said county in said depository

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or depositories; to provide for the paying out of county 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 on and after the first day of January, 1921, the office of county treasurer of Cook County, Georgia, shall be and the same is hereby abolished, and sooner in case of vacancy by death, resignation or otherwise; that in the event of the death, resignation or the removal from office of the present incumbent, then and in that event the said office is hereby abolished. Office abolished Jan. 1, 1921. Sec. 2. Be it further enacted by the authority aforesaid, That the county officers having charge of the funds of said county shall designate one or more legally chartered banks located in said county as county depositories, to become effective immediately upon the abolishment of the said office of county treasurer of said County of Cook, as herein provided for, and enter the same upon the minutes of said authorities. Bank to be depository. Sec. 3. Be it further enacted by the authority aforesaid, That the county officers referred to in Section 2 of this Act shall have the right at any time in their discretion to designate additional banks in said county as county depositories, or to discontinue any bank previously named as a county depository, as in their discretion they may deem to the best interest of the said County of Cook, and enter the same upon the minutes of said authorities. Additional depositories. Sec. 4. Be it further enacted by the authority aforesaid, That the officers having charge of the funds of said county shall deposit the same in such bank or banks as may be legally designated county depositories. Deposits of funds. Sec. 5. Be it further enacted by the authority aforesaid, That the words county funds mentioned in Section 4 of this Act, and wherever the words county funds may be hereafter used in said Act, is meant to

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include all funds raised by taxation or otherwise and all road tax of all kinds and all monies coming into the county funds from all sources whatever, to be used for roads or county purposes and all special taxes levied for special purposes, all appropriations whether State or Federal for road building purposes, and any and all other funds generally known as county funds. County funds defined. Sec. 6. Be it further enacted by the authority aforesaid, That the county authorities may, if they deem it necessary for the protection of the county, require a bond from said bank or banks, payable to said county authorities conditioned to faithfully account for all funds turned over to it by said county authorities, in such sums as they may deem reasonable and just and as will protect the county against loss. Bond of depository. Sec. 7. Be it further enacted by the authority aforesaid, That no warrants or checks drawn on such county depositories shall be honored or paid by it or them except such as are now authorized to be paid by the treasurer of said County of Cook. Warrants and checks. Sec. 8. Be it further enacted by the authority aforesaid, That such depository or depositories so designated shall report to the county authorities having charge of the finances of said 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, but this section shall not be construed to prohibit such bank or banks from rendering to said county authorities their usual and customary monthly statement. Reports of finances. Sec. 9. Be it further enacted by the authority aforesaid, That from and after the designation of said county depository or depositories, and it or them have taken charge of the said funds as set out in the preceding sections of this Act and so long as they remain such depositories, the tax collector of said county, and all other persons or officers collecting money due the said county,

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or receiving any funds for the use of said county, shall turn the same over to said depository or depositories; that all officers or other persons making deposits in any of the depositories of said county as above set out shall take receipts for such deposits in duplicate, keeping one and turning the other over to the authorities having charge of the county finances. In the event that any county depository shall cease to be a depository of the county funds, from any cause whatever, then and in that event all funds belonging to the county, together with all records, shall be turned over to the authorities of said county having charge of the funds thereof and shall by them be deposited in any other bank or banks which may have been lawfully designated as a county depository under the provisions of this Act. Authority to deposit. Receipts. Cessation of depository. Sec. 10. Be it further enacted by the authority aforesaid, That all said depositories and disbursing agents as provided for in this Act 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 depository or depositories and the securities on their bond as said treasurer may now be proceeded against in case of nonfeasance or malfeasance in the conduct of the affairs of his office. Liability, cival and penal. 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 July 24, 1920.

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DAWSON BOARD OF COMMISSIONERS CREATED No. 459. An Act to create a Board of Commissioners of Roads and Revenues for the County of Dawson, to define their powers and duties and prescribe their qualifications; to provide for their selection; terms for which they shall be selected; their compensation, 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 authority of the same, That there shall be established and created in Dawson County a Board of Commissioners of Roads and Revenues for said county, to consist of three members, namely, the Clerk of the Superior Court, who shall be Chairman of the Board, and the Ordinary and Sheriff of said County of Dawson. Board designated. Sec. 2. 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 second Monday in each month, beginning January 1, 1921, and on such other days as the business of the county may require, or when called in session by the Chairman of the Board, or as said Board may determine. Metings. Sec. 3. Be it further enacted, that it shall be the duty of the Chairman of said Board to keep all minutes of all the proceedings of said Board in a book kept for that purpose, so that they may be audited twice a year. at the same time of the other county books, before the terms of the Superior Court. The compensation of said Commissioners shall be as follows: Five ($5.00) dollars per day shall be paid the Chairman and for each of the other members of the Board the sum of four ($4.00) dollars per day shall be paid monthly out of the county treasury upon the warrant of said Board. Minutes. Compensation. Sec. 4. Be it further enacted by the authority aforesaid, That said Board of Commissioners of Roads and

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Revenues shall have exclusive and original jurisdiction over the following subject matters, to-wit: Jurisdiction, matters within. 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 specific county purposes according to the provisions of law. 3rd. In establishing, altering or abolishing roads ferries and bridges in conformity with law. 4th. In constructing, building, maintaining and working all of the public roads and highways of the county. 5th. In controlling, operating and managing the chain-gang of said county. 6th. In establishing and changing election precincts, and militia districts. 7th. In supplying by appointment all vacancies in county officers heretofore devolving by law upon the Ordinary of said county and Ordinary elections to fill such vacancies. 8th. In examining and auditing all accounts and legal claims against said county and authorizing the payment of the same. 9th. 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 use and benefits and bringing them to a settlement. 10th. In regulating and managing the paupers and disbursing of the pauper funds of the county. 11th. In regulating peddling in the county and fixing the cost of license, if any be granted. 12th. That said Commission shall have the same jurisdiction of all county matters to the exclusion of the

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Ordinary, and is now exercised by said Ordinary under the law when sitting for county purposes. Sec. 5. Be it further enacted by the authority aforesaid, That said Board shall have full authority to employ such overseers, agents, guards, and other employees as they may find necessary for properly carrying on the public work of said county, and shall fix and pay the salaries of such overseers, agents, guards or other employees and pay the same by proper warrants upon the county treasury. Employees. Sec. 6. Be it further enacted by the authority aforesaid, That said Board shall have full authority and power to assess, levy and collect such per capita taxes for purposes of maintaining the roads and highways of said county as are now provided by law. Road taxes. Sec. 7. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have the authority to enter into contracts for any public works of the county which may be authorized by law and which, in their judgment, may be for the best interest of the county. Contracts. Sec. 8. Be it further enacted by the authority aforesaid, That said Board shall not enter into any contracts with themselves or with any firm or corporation in which either member of said Board may be interested. Contracts forbidden. Sec. 9. Be it further enacted by the authority aforesaid, That each member of said Board, before entering upon the discharge of his duties as such, shall take and subscribe before the Ordinary of said county, the following oath, to-wit: I do solemnly swear that I will faithfully discharge the duties of Commissioners 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 the county, so help me God, which oath shall be placed upon the minutes of the Ordinary's Court and the original field in his office. Oath of office.

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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 July 31, 1920. DECATUR COMMISSIONERS; ACT AMENDED. No. 703. An Act to amend an Act to amend an Act revising, consolidating and amending an Act establishing the Board of Commissioners of Roads and Revenues of Decatur County approved August 15, 1904, as amended and approved August 20, 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 if and when the new County of Seminole is lawfully created on and after January 1, 1921, out of and from the western portion of Decatur County, this Act shall become effective, and the said Act approved August 20, 1906, Georgia Laws 1906, page 403-4, is hereby amended by striking therefrom Section 4 as now contained, and adding thereto instead Section 4 and Section 4-a, which shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that for the more effectually carrying out of the purposes of Section 3 of the Act of 1904, approved August 15th, 1904, the County of Decatur is hereby divided into five districts to be designated as Commissioner's Districts, which shall be constituted as follows: The first district shall comprise the territory included in the 513th Militia District or Bainbridge District, of said county. The second district shall embrace all territory of said county lying west of Flint River and east of Seminole County. The third district shall embrace all of that territory now included in Belcher's and Parker's Districts, and all of Climax District lying north

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of a continuation of the land line between land lots 96, and 105 in the Nineteenth District of said county running due west to the Bainbridge District. The Fourth District shall embrace all territory lying south of the aforesaid dividing line, and shall be bounded on the north thereby, on the east by Grady County, on the south by the Florida line and on the west by the old Bainbridge and Tallahassee Road running south from Bainbridge to the Florida line via Fowlstown. The Fifth District shall embrace all that territory of said county lying west of said old Bainbridge and Tallahassee road, and bounded south by the Florida line, west and north by Flint River and Bainbridge Militia District. Act of 1906 amended. Commissioners' districts. Sec. 4-a. Be it further enacted by the authority aforesaid, That as the said Fourth Commissioner's District, as created by the preceding section, will have no duly elected commissioner residing within the territory thereof, that G. H. Cook, residing in said territory, shall be the member of the Board of Roads and Revenues of said county from said district from and after January 1st, 1921, for a term of two years, or until his successor is duly elected and qualified, and then thereafter his successor, as commissioner from said Fourth District, shall be elected for a full term of four years in the manner pointed out by Section 5 of said Act. Fourth district commissioner designated. Sec. 2. Be it further enacted by the authority aforesaid, That county commissioners shall be elected and vacancies filled in the manner pointed out in Section 5 of said amending Act, approved August 20th, 1906. Elections and vacancies. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920.

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DeKALB PRIMARY ELECTIONS. No. 688. An Act to require all political parties in DeKalb County, Georgia, to nominate their candidate for county officers 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 DeKalb County, State of Georgia, shall nominate their candidates 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 rental 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 DeKalb shall be held on the date so fixed by law. Party nominations by primary elections. When held.

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Sec. 11. 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. 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 than two weeks previous to the regular special elections, 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 the secretary, or other executive officer or officers, of the County Executive Committee, or other governing

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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 lists, as being registered and qualified as required by the laws of this State. Special primaries. 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. Unlawful declaration of nominee. 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 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 16, 1920.

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DODGE COUNTY TREASURER'S OFFICE ABOLISHED. No. 716. An Act to abolish the office of Treasurer of Dodge County; to provide that the Ordinary of said county, shall perform the duties of the office of County Treasurer, to provide compensation for service of the Ordinary; to fix the bond of the Ordinary, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1921, the office of Treasurer of Dodge County, be, and the same is hereby abolished. Office abolished Jan. 1, 1921. Sec. 2. Be it further enacted, That from and after the first day of January, 1921, the duties heretofore devolving upon the Treasurer of said county shall be performed by the Ordinary of Dodge County, under the same rules and regulations as set forth in the laws of the State governing the office of Treasurer except as hereinafter provided. Duties put on ordinary. Sec. 3. Be it further enacted by the authority aforesaid, That the said Ordinary shall give a bond for the faithful performance of the duties imposed upon him by this Act, in such sum as may be determined by the Commissioners of Roads and Revenues of said county, giving a surety on said bond one or more responsible fidelity or surety companies, provided that the amount of said bond shall not be less than forty thousand dollars. The cost of making said bond shall be paid out of the funds of said county on warrant of the Commissioner of Roads and Revenues. Bond. Cost of bond. Sec. 4. Be it further enacted, That the Ordinary of said county shall receive as compensation for the services required of him under this Act, the sum of four hundred

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dollars per annum payable in monthly installments by warrants of the Commissioner of Roads and Revenues. Compensation. Sec. 5. Be it further enacted, by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. DOUGHERTY COMMISSIONERS, COMPENSATION OF. No. 382. An Act to amend an Act of the General Assembly of Georgia An Act to create a new Board of Commissioners of Roads and Revenues for Dougherty County, and for other purposes approved August 6, 1904, and an Act amendatory thereof approved August 12, 1914, so as to fix the salaries of County Commissioners. Section 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 of the General Assembly of said State entitled An Act to create a new Board of Commissioners of Roads and Revenues for Dougherty County, and for other purposes, approved August 6, 1914, and an Act amendatory thereof approved August 12, 1914, be and is hereby amended so that Section 9 of the Act approved August 6, 1904, when amended shall read as follows: Acts of 1914 amended. That, beginning September 1, 1920, and thereafter, said Commissioners shall be paid out of the treasury of said county salaries for their services the sum of six hundred ($600.00) dollars per annum for each Commissioner, and the same shall be paid quarterly. Salaries of commissioners.

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Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 19, 1920. DOUGLAS COMMISSIONERS; ACT AMENDED. No.450. 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, and as amended by Act approved August 20, 1917, so as to provide for laying out the county into road districts, and the election of a Commissioner for each district, and to provide for the increase of compensation for Commissioners, and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Act approved August 20, 1917, creating the Board of County Commissioners of Roads and Revenues of Douglas County be amended by striking from said Act all of Section 8 and inserting in lieu thereof the following: Section 8. Be it further enacted by the authority aforesaid, That the chairman of said Board of Commissioners of Roads and Revenues and his successor in office, shall receive as compensation the sum of $5.00 per diem, provided, however, that he shall not serve more than one hundred days per annum. The other two members of said board shall receive the sum of $5.00 per day, and they shall not serve more than forty days per annum. The chairman and the other two members of the board shall defray all expenses incurred in the performance of their duty. The per diem of the members

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of the Board of Commissioners shall be paid out of the county treasury of said county. Act of 1917 amended. New sec. 8. Pay of commissioners. Expenses. Sec. 2. Be it further enacted by authority aforesaid, That Section 9 of said Act approved August 20, 1917, creating the Board of County Commissioners of Douglas County, be amended by striking from said section the words two and dollars and the figures $2.00, and inserting in lieu thereof the words and figures five dollars and $5.00 and adding at the end of said section the following words: That he shall not serve more than forty days per annum, so that said section when amended will read as follows:Section 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 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 five ($5.00) dollars per day as said board may fix, that he shall not serve more than forty days per annum. Sec. 9 amended. To be read. Clerk of commissioners. Books. Clerk's pay. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1920.

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ELBERT COMMISSIONER'S COMPENSATION. No. 732. An Act to amend an Act known as An Act to provide a Board of Commissioners of Roads and Revenues, for the County of Elbert, approved February 27, 1875, as amended by the Act approved August 11, 1913, by repeating Section 7, providing for a road expert; by requiring the Commissioner to devote his whole time to the office; by making the full compensation of said Commissioner $1,800.00 per year, to repeal conflicting laws. Section 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 provide a Board of Commissioners of Roads and Revenues for the County of Elbert as amended by the Act approved August 11, 1913, be and the same is hereby amended by striking therefrom and repealing the whole of Section 7 thereof. Act of 1913 amended. Sec. 2. Be it further enacted, That Section 11 of said Act approved August 11, 1913, be and the same is hereby amended by striking from line three thereof the words and figures Eight hundred ($800.00) dollars, and inserting in lieu thereof, the words and figures Eighteen hundred ($1,800.00) dollars, so that said section when so amended shall read: Section 11. Be it further enacted, That the said Commissioner shall receive as full compensation for his services the sum of eighteen hundred ($1,800.00) dollars per annum. Commissioner's compensation. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920.

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EVANS COMMISSIONERS' CLERK'S COMPENSATION. No. 692. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Evans; to provide for the election of members thereof by the qualified voters of said county; to provide for the Commissioners of said county until the first election under this law; to do fine all their powers, and for other purposes; to fix the compensation of the clerk of said Board of Commissioners of Roads and Revenues; to provide extra compensation for legal services in emergencies, and for 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 15 of the above entitled titled Act be and the same is hereby amended by striking from lines eighteen and nineteen of said section the following: $35.00 a month, and shall include his salary and all expenses connected with his duties, and inserting in lieu thereof the following: Not exceeding $50.00 per month, so that said Section 15 when so amended will read as follows: Be it enacted by the authority aforesaid, That members of the Board of Commissioners herein created shall receive as their compensation $4.00 a day for each day of actual service; provided, that no Commissioner shall be paid for more than 15 days' service during any one year and that he shall spend as much as one day in each month in each Militia District looking after the roads and bridges of said district. The said Commissioners shall elect a clerk of said Board whose duty it shall be to keep a record of the acting and doings of the Board at the court house in said county; said records to be opened to the inspection of any citizen of said county at all times, if the same do not conflict with the meeting of the Board, and he shall perform

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such other duties as may be assigned him by said Board, and he shall keep all the books and records of his office in a neat, first-class and business-like condition at all times. He shall receive compensation for all his duties as such clerk in the amount of not exceeding $50.00 per month. Said clerk shall not be a member of said Board of Commissioners. The said Commissioners shall at their first meeting elect a Chairman of said Board from their own membership, who shall act as such Chairman during the entire time of said Board. Said Commissioners before entering upon their duties as such shall take an oath before the Ordinary for the faithful performance of their duties. Act of 1915, sec. 15, amended. Clerk's pay increased. Sec. 2. Be it enacted by the authority aforesaid, That Section 21 of said Act be amended by adding at the end of said section the following: Provided the said Board of Commissioners of Roads and Revenues are hereby authorized to pay, in addition to the above, reasonable attorney's fees in cases where the county is involved in an unusual amount of litigation or in emergencies where its interest is at stake, so that said section when so amended will read as follows: Be it enacted by the authority aforesaid, That the said Board of Commissioners shall have authority to employ a county attorney and they shall not pay him a salary of more than $25.00 a month; provided the said Board of Commissioners and Revenues are hereby authorized to pay, in addition to the above, reasonable attorney's fees in cases where the county is involved in an unusual amount of litigation or in emergencies where its interest is at stake. Sec. 21 amended. Attorney's fees. Sec. 3. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby amended. Approved August 16, 1920.

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EVANS ROAD LAW AMENDED. No. 591. An Act to amend an Act entitled An Act to provide for the working of the public roads, authorizing the County Commissioners to appoint a road superintendent of public roads and bridges, and to fix his compensation and define his powers and duties, to provide who shall be subject to road duty, and to commutation tax in the road work; to provide for the punishment of defaulters and delinquent officers, to provide for the levying of a tax for road purposes; to authorize the County Commissioners to purchase, hire or rent, all machinery, implements, stock, tools, and other things necessary for the working of said public roads and bridges and the repair of the same; to provide a method and means of collecting the commutation road tax; an Act amendatory thereof approved August 14th, 1916; to fix the number of days of road duty, and the commutation tax therefor; to provide a method of collecting said commutation tax; to provide for the appointment of the collector of the commutation tax, and to fix the compensation for the road superintendent and county warden, and for 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 creating the road law for the County of Evans and approved by the Governor on August 16, 1915, and the Act amendatory thereof, approved by the Governor on the 14th day of August, 1916, is hereby amended as follows: That Sections 3 and 4 of the amendatory Act approved August 14th, 1916, are hereby repealed. Acts of 1915 and 1916 amended. Sec. 2. Be it enacted by the authority aforesaid, That each male citizen of the County of Evans, between the ages of 21 and 50 years shall be subject to road duty,

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except those who are physically or mentally disabled, and shall be and are hereby required, when notified or summoned to work on the public roads of Evans County for a period of five days each year, or pay to the proper county authorities by whom they are notified or summoned, at the time they are served with the notice, or before the day they are notified to work, the sum of one dollar per day for each day they are required to work. Road duty. Tax. Sec. 3. Be it enacted by the authority aforesaid, That said commutation tax shall be collected all at one time during each year, and that the County Commissioners shall appoint some suitable and qualified person in said county to collect said commutation road tax, which said collector shall receive as his compensation for collecting said tax 10% on the amount collected. And if said collector shall have to work any hands who work instead of pay, he shall receive two dollars per day for the actual number of days he is working them; and said tax collector shall post a written notice at the court ground of each Militia District and at five other public places in each Militia District at least ten days before he begins to collect said tax, giving the people notice of the day he will begin summoning them to pay or to work; he shall give every male citizen subject to road duty a written summons that will tell him when and where he is to meet to pay or to work, and he shall have said summons at least five days before he is called on to work or pay, and all persons subject to road duty shall be summoned to work on a public road in said Militia District, but the collector shall not be permitted to summons said road tax payers to any one place in less number than fifteen, and the said six notices to be posted in the different districts on the first or second day of the month, or as soon thereafter as possible, in the month in which the taxes are to be paid, and the said road tax collector shall complete his work within one month if possible, and turn over all his money thus collected to

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the County Commissioners on the next first Monday; that said tax shall be collected in each year during the month of October, or as soon thereafter as possible; that if after the first of October during the year any person moves into any district of said county and remains a citizen for a period of ten days, he shall be subject to pay said road tax and the road tax collector may call upon him any time to pay said road tax unless he has paid said road tax in some other county in which he has previously resided. Collection of tax. Collector's pay. Notice. Summons. Time of collecting tax. Sec. 4. Be it further enacted by authority aforesaid, That the words one hundred dollars in the third line of the Section 12 of said Act to be stricken therefrom, and that the words one hundred fifty dollars be inserted in lieu thereof, so that said section when so amended shall read as follows: Be it further enacted by authority of the aforesaid, That the county warden in charge of the convicts shall not receive more than one hundred fifty dollars per month as a salary, and nothing else as added expenses, and this shall apply to him if he be also acting as superintendent of public roads. Sec. 12 amended. Warden's pay increased. Approved August 10, 1920. FANNIN COMMISSIONER, OFFICE CREATED. No. 575. An Act to create the office of Commissioner of Roads and Revenues of Fannin County; to name the person who shall fill such office from the passage of this Act until the first day of January, 1925; to provide for the election of his successor by the qualified voters of the said county; to provide for filling vacancies which may occur; to fix his salary, define his powers and duties, and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. The office of Commissioner of Roads and Revenues in and for the County of Fannin to consist of one member, is hereby created. This Act to go into effect and become operative from and after the passage of this Act. Office created. B. L. Smith, Esq., of said County of Fannin is hereby named as such Commissioner, who shall hold office from the date of the passage of this Act until the first day of January, 1925. Commissioner designated. Sec. 2. All persons eligible to hold other county offices shall be eligible to hold the office of Commissioner of Roads and Revenues of said county. Should a vacancy occur in said office by death, resignation or otherwise, the same shall be filled by appointment by the Ordinary of said county, selecting some proper and suitable person to fill said vacancy, until the meeting of the next grand jury of said county, when the grand jury of said county shall elect some proper and suitable person to fill said vacancy until the next regular election for State and county officers; when such vacancies shall be filled for a term of four years; and in like manner at each regular election for State and county, an election shall be held to fill the office for such Commissioner. In each case as above, whether by appointment or election, the person so appointed or elected shall, after taking the required oath and giving bond as hereinafter provided, take and hold said office until his successor is elected and qualified. Eligibility to office. Vacancy, how filled. Sec. 3. That the Commissioner elected, as herein provided, shall be commissioned by the Governor for the term of office for which he is elected and before entering upon the discharge of his duties shall subscribe to the oath before the Ordinary of said county required by law for county officers, and shall give bond with

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good security to be approved by the Ordinary of said county, payable to the Governor and Ordinary and their successors, which security shall be given in two separate bonds; one bond to be payable to the Governor and his successors in office in the sum of $10,000.00, and the other be payable to the Ordinary of said county and his successors in office in the sum of $10,000.00, conditional for the faithful performance of his duties as such Commissioner, which bond when approved by said Ordinary, shall be by him recorded in the record of official bonds left by him in his office. This bond shall be given in some good solvent surety company, the premium on which shall be paid out of the funds of said county. Commissioned by Governor. Bonds. Premium. Sec. 4. That said Commissioner of Roads and Revenues shall hold a regular court for the transaction of public business pertaining to the county matters, the same to be held in the court house in said county, in which the office of the clerk of said court or office shall be located and kept open in the same manner as other county offices, on the first Tuesday in each month of the year, provided the said Commissioner may hold sessions at any time he may deem proper, or be called by him for the transaction of county matters. And said Commissioner shall be authorized to administer oaths and hear testimony as to all matters over which he has jurisdiction, and when sitting as a court shall have power to punish for contempt under the same rules and regulations as are provided for other courts. Commissioner's court. Testimony. Contempts. Sec. 5. That the Commissioner shall appoint a clerk, whose salary shall not exceed $600.00 per annum, to be paid monthly out of the county treasury, and it shall be the duty of the said clerk to attend all business meetings pertaining to the office, and he shall keep in order the minutes of all transactions of the office, to file and keep in order of their date all original orders and papers, petitions, applications and other papers, addressed to the Commissioner concerning county business. The

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clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the Commissioner, giving the amount and date of said such payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts or other indebtedness, contracted by the Commissioner. All the books, files and records required to be used or kept in the office of the Commissioner of Roads and Revenues shall always be ready and open to inspection of any tax payer of the county. Said clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by the Commissioner, which bond shall be in the sum of $1,000.00, payable to the said Commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the Commissioner. Clerk; duty and salary. Books, records, etc. Clerk's bond. Sec. 6. That said Commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $1,200.00 per annum for his services, to be paid monthly at the end of each month's services. Salary of commissioner. Sec. 7. That said Board shall have exclusive jurisdiction and control over the following matters, to-wit: In controlling all of the property belonging to said county as they may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in said county; in establishing, changing or abolishing election precincts or Militia Districts; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management or disbursement of funds belonging to the county, and in bringing them to settlement; in providing for the poor of the county, and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine tax digest

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of said county, for the correction of errors; in regulating or fixing license fees, as may be provided by the law; in maintaining the county chaingang on the public roads or public works of the county as provided by law, such as superintendents, wardens, guards of convicts and district road overseers; in fixing the amount of commutation tax on the number of days work to be performed in lieu of said tax and the fixing the per diem of road overseers as said board may deem best for the interest of the county; in fixing the time when said commutation tax shall be paid or the work performed, in trying road defaulters in accordance with law; and to have and exercise all the power 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 may be indispensable to their jurisdiction over county matters and county finances. Jurisdiction. Sec. 8. That it shall be the duty of the Commissioner created by this Act to use all the convict labor as equitably and justly over the county as possible. In the same way the commutation tax collected from the several Militia Districts of said county shall be expended as fairly and equitably in the district from which collected as can be conveniently done under the circumstances. Conviot labor. Commutation tax. Sec. 9. That the treasurer of Fannin County or depository of said county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved and signed by the Commissioner himself; provided this shall not apply to the jury script issued by the Clerk of the Superior Court and orders drawn by the Judge of the Superior Court and Solicitor-General. It shall be the duty of the Ordinary of said county to deliver to the said Commissioner all books and papers held by him relating to jurisdiction and powers herein conferred upon said Commissioner. Approval of orders for payment. Sec. 10. That it shall be the duty of said Commissioner to prepare and submit to the grand jury, at both

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spring and fall terms of the Superior Court of said County of Fannin, and said report shall be kept in two separate books, one book to show the exact ad valorem road taxes collected from each Militia District of said county, and the other to show the per capita road tax collected in each Militia District, also taxes collected in each Militia District for building and repairing bridges, in which books he shall show an itemized statement of all receipts and expenditures, and the source from whence received, and from whom received, and to whom paid and for what purpose same was expended and the vouchers therefor, and also the number and names of parties to whom paid with correct itemized amounts so received and paid out. Said books shall show the number and full individual names of each and every person in each and every separate Militia District, who are subject to road duty in said several Militia Districts, in said county, which said book or books shall show who have paid the commutation tax in each separate Militia District and shall also show the names of all parties who have failed to pay said commutation tax, or have failed to work their time on the roads. Reports to grand jury. Sec. 11. That it shall be the duty of said Commissioner, immediately after each term of the Superior Court of said county, to have published in the newspaper in which the county advertising is done a full and complete itemized statement of the county finances (same to be paid for out of the county treasury) for advertising. Publication of financial statement. Sec. 12. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920.

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FANNIN COUNTY; TREASURER'S OFFICE ABOLISHED; DEPOSITORY CREATED. No. 484. An Act to abolish the office of county treasurer of Fannin County, Georgia, to take effect January 1st, 1921; to create a county depository for said county; to prescribe the duties of said county depository, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That on and after the first day of January, 1921, the office of county treasurer of Fannin County, Georgia, shall be and the same is hereby abolished. Office abolished Jan. 1, 1921. Sec. 2. Be it enacted by the authority aforesaid, That Fannin County Bank is hereby designated and by this Act is made county depository of Fannin County, and the county officials having charge of the finances of said county shall keep all county funds in said bank. Depository designated. Sec. 3. Be it further enacted by the authority aforesaid, That the 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 county or road purposes, and all special taxes levied for special purposes of any kind or character. County funds defined. Sec. 4. Be it further enacted by the authority aforesaid, That the county authorities of said county having charge of the financial affairs of said County of Fannin are hereby required, for the protection of the county, to require bond or bonds from said Fannin County Bank, payable to said county authorities, conditioned to answer for all funds turned over to it, in such sum as may be reasonable and just and that will protect the county against loss. The cost of making such bond or bonds, including

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the premiums charged by bonding companies, shall be paid by the said County of Fannin. Bond of depository. Cost of bond. Sec. 5. Be it further enacted by the authority aforesaid, That the said Fannin County Bank, the depository designated by this Act, shall receive no compensation whatever from the County of Fannin for the performance of the duties imposed by the provisions of this Act upon it as the county depository of said County of Fannin. No compensation. Sec. 6. Be it further enacted by the authority aforesaid, That all money drawn from the said county depository shall be by check or county order signed by the authorities of said county having charge of the finances of said county. Said check or county order shall be entered on the record by the county authority 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 public inspection by any person or persons whose duty it is to inspect the records kept by the various county officers and open to inspection by the grand jury of said county as a body or through its committees, and by any other citizen of said County of Fannin; provided, that the Clerk of the Superior Court of said county or Clerk of any other Court of said county may and he is hereby authorized to draw on the property funds his script for jury service to jurors of said county, and said county depository is hereby authorized to respect said script 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 or may hereafter be provided by law. Money, how drawn. Jury scrip. Sec. 7. Be it further enacted by the authority aforesaid, All claims in favor of the Clerk, Sheriff, Court bailiffs and other Court officials 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 finance of

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the county, and, if approved by said authorities, they shall draw their check or warrant on said county depository in favor of such clerk, sheriff, bailiff or other official for the amount of said claims, or any part thereof, which when presented to said depository shall be paid and become a receipt for the amount directed to be paid. Court officers' claims. Sec. 8. Be it further enacted by the authority aforesaid, That said depository shall report to the county authorities having charge of the finances of the County of Fannin as often as once every six months, or oftener if required by said authorities, showing the amount of funds on hand, and the return of all cancelled checks or orders. Depository's reports. Sec. 9. Be it further enacted by the authority aforesaid, That the account so kept by said depository of said county shall be subject to inspection by the State Auditor and shall come within the purview of the general examination by the State Bank Examiner or Comptroller of the Currency, as are other parts of the said depository bank are subject; also to the inspection of the grand jury of said county, either in a body or through a committee thereof. Examination by State officers. Sec. 10. Be it further enacted by the authority aforesaid, That the county treasurer of Fannin County shall on or before the first day of January, 1921, turn over to the said depository of said county as named in this Act all money which may be in his hands at that time, together with all books and records belonging to his office. In case of the death or resignation of the county treasurer of said county prior to the first day of January, 1921, the county authorities of said county having charge of the finances of said county shall take charge of all money belonging to said county in the hands of said county treasurer, together with all books and records of said office of county treasurer, and on or before the first day of January, 1921, turn the same over to said depository of said county. Delivery of money, books, etc.

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Sec. 11. Be it further enacted by the authority aforesaid, That from and after the first day of January, 1921, and from and after said county depository has taken charge of said funds and records as set out in the preceding section of this Act, and so long as Fannin County Bank remains county depository of said county, the tax collector of said county and all other persons or officers collecting money due the county shall turn the same over to said county depository. Taxes. Sec. 12. Be it further enacted by the authority aforesaid, That all officers and other persons collecting money of any description and turning the same over to the said county depository shall take a receipt in duplicate from said depository, keeping one and turning the other over to the authorities having charge of the finances of said county. Receipts in duplicate. Sec. 13. Be it further enacted by the authority aforesaid, That said depository or any officer or agent thereof connected with the handling and control of the county funds of said county 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 depository and disbursing agents and the securities on their bonds as said treasurers may now be proceeded against in case of nonfeasance or malfeasance in the conduct of their office. Civil and penal liability. Sec. 14. Be it further enacted by the authority aforesaid, That in the event the said Fannin County Bank for any reason should cease to be the county depository of Fannin County, the authorities of Fannin County having charge of the finances of said county are hereby authorized to take charge of all money belonging to said county found in the possession, custody and control of the said Fannin County Bank, the depository of said county designated by this Act, together with all books and records of said county depository, and turn the same over to the

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county depository named by said county authorities; said county authorities of said county are hereby, in such a contingency, authorized and empowered to name another bank a county depository upon the same terms and conditions as provided for in the Act. Change of depository. 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 3, 1920. FLOYD COMMISSIONERS, COMPENSATION OF. No. 547. An Act to amend an Act approved July 28, 1917, entitled An Act to repeal an Act entitled `An Act to provide uniformity in the composition of Boards of Commissioners of Roads and Revenue 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 18th, 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; to provide compensation for the Commissioners of said county, and to alter the mode of handling county affairs, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That an Act entitled An Act to repeal an Act entitled `An Act to repeal an Act entitled

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`An Act to provide for 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; 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, be and the same is hereby amended by striking out from said Act subdivision 2 of Section 6 of said Act, so that said Section 6, as amended, shall read as follows: Sec. 6. Be it further enacted by the authority aforesaid: Act of 1917 amended. Sec 6 to be read. 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 conrangimity or affinity. Relations not to be appointed. 2. 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 and payments. Penalty. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the

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said members of the said Board of Commissioners of Floyd County, Georgia, shall be entitled to receive from the treasury of Floyd County the sum of five ($5.00) dollars per day for each actual day's attendance upon all meetings of said Board, whether special or called, and in addition thereto, said members of said Board shall be entitled to receive from the treasury of said county the sum of five ($5.00) dollars per day for each day served by them upon committee work upon any committee of investigation appointed by the Chairman of said Board or by said Board as a whole, or upon any standing committee, and shall be paid all expenses of automobile hire, railroad fare, or other expense incident to said work. The members claiming compensation and expense by virtue of said committee work shall file with the clerk of said Board an itemized statement, setting forth the days upon which they were engaged in committee work in behalf of said Board, the committee upon which they so acted and the work in which they were engaged during said time, together with all expenses incident thereto, the same to be set forth in a concise, brief statement, and the same shall be sworn to by the members so submitting the same and claiming to be entitled to compensation by virtue thereof. No compensation or expenses shall be paid any member of said Board for committee work unless the same shall be made to conform to the foregoing provision of this section. Pay of commissioners. Expenses. Itemized statements. 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, 1920.

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FLOYD COUNTY; CONTROL OF OOSTANAULA BRIDGE. No. 683. An Act to vest in Floyd County full and complete title, jurisdiction over and control of the bridge spanning the Oostanaula River, located at and being a part of Second Avenue, within the City of Rome, in Floyd County, Georgia; to revoke any and all permits granted by legislative or municipal or county authority to any street railway company, electric light, telegraph, telephone, or gas company to lay tracks and operate cars on and over said bridge, to place wires or pipes and operate the same on and over said bridge, to repeal all franchises heretofore granted to all such public service corporations to operate on and over said bridge, whether granted by legislative, county or municipal authority upon condition; to authorize the county authorities of Floyd County to improve or repair said bridge and in their discretion to condemn and remove the present bridge and to build a new bridge at the same point, and to authorize the county to acquire the necessary lands for the purpose of constructing a bridge wide enough to meet the demands of public travel, to authorize said county to require of any street railway company or electric railway company desiring to lay the tracks on and operate its cars over said bridge, to pay to said county a sum equal to one-third of the actual cost of building the said bridge before any such company shall be allowed to lay any tracks, place any wires or other equipment or operate any cars on or over such bridge, and to fix the rights of such corporation by reason of such payments; to grant to the county authorities of Floyd County the exclusive right and jurisdiction to grant permission and franchises to persons, firms and corporations exercising public service functions, to operate on or over said bridge, and to prescribe the terms and limitation of such grants; to provide that any

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person, firm or corporation desiring to contest the validity of this Act shall do so by injunction proceedings before the beginning of the work of tearing down and removing the old bridge, and not otherwise; to provide for the acceptance of this Act by the county and city authorities, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act all right, title and interest in the bridge spanning the Oostanaula River located at and being a part of Second Avenue within the City of Rome, in Floyd County, Georgia, together with full and complete jurisdiction over and control thereof, shall be vested in said County of Floyd and be exercised by the county authorities of said county. Title and jurisdiction of bridge. Sec. 2. Be it further enacted, That all permits and franchises heretofore granted, either by the General Assembly, the municipal authorities of the City of Rome or county authorities of Floyd County, to any street railway company, electric light, telegraph, telephone or gas company to lay tracks and operate cars on or over said bridge or to place wires, pipes and equipment and operate the same on and over said bridge, are hereby revoked and repealed so far as the same applies to any future bridge, hereafter constructed under this or any other law, unless the said companies will conform to the reasonable terms and conditions required by the county authorities. Revocation of franchises, etc. Sec. 3. Be it further enacted, That said County of Floyd is hereby authorized to condemn and remove the present bridge and to build a new bridge at the same site and is allowed to acquire any necessary lands for the purpose of constructing a bridge of sufficient width to meet the demands of the public travel, and all public service corporations, street railway companies, telegraph, telephone, light and gas companies are required, when notified to do so, to remove all tracks, wires, pipes and

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other equipment from said bridge and each of them are required by the county authorities. Condemnation of old bridge, and building a new. Sec. 4. Be it further enacted, That the county authorities of said county are hereby given the exclusive right and jurisdiction to grant permission and franchises to persons, firms and corporations, exercising public service functions, to operate on and over said bridge, and to place railway tracks thereon and to operate cars on and over said bridge, and to prescribe the terms and limitations of such grants; and the county authorities of said county are authorized to require of any street railway company or electric railway company as a condition precedent to the laying of tracks, placing of wires and operating cars on and over said bridge, that it pay to said county a sum equal to one-third of the actual cost of the building of said bridge and the sum shall be paid to the treasurer of said county before any such company shall be allowed to lay any tracks, to place any wires or other equipment or operate any cars on and over said bridge, but any corporation now having a franchise shall have the right to use any new bridge upon complying with the reasonable conditions imposed by the Board of Commissioners and the terms of this Act. Jurisdiction to grant franchises, etc. Conditions. Sec. 5. Be it further enacted, That any railway company, electric railway company or other public service corporation paying the sums required under and by the preceding section shall acquire only the same rights to operate on and over said bridge as they may have on and over the streets leading to and from such bridge, and shall not be deemed to have acquired any right, title or interest in such bridge or control over the same. Rights of railroads limited. Sec. 6. Be it further enacted, That any person, firm or corporation desiring to contest the validity of any part of this Act shall do so by injunction proceedings before the beginning of the work of tearing down and removing of such bridge and not otherwise. Notice shall be given all persons firms and corporations of the time

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when work is to begin by publishing a notice thereof by the Chairman of the Board of Commissioners in the newspapers in which sheriff sales are advertised. Said notice shall state the time when the work is to commence as near as practicable, and the estimate of the cost of such bridge. Said notice shall be published once a week for two weeks, the last publication to be at least thirty days before the work is to begin. Any person, firm or corporation desiring to object to any terms of this bill, or to any charge that may be made thereunder or the levy of any tax or city assessment or charge for building the bridge shall file an injunction at least twenty days before the date the work is advertised to begin against the county stating the objection to the bill, which shall be heard as other injunctions are heard, and the work shall not begin until said injunction suit is finally determined. Contest of validity of this act. Notice of new bridge. Injunction. Sec. 7. This Act shall not go into effect until the Board of Commissioners of Roads and Revenues of Floyd County and the City Commission of the City of Rome shall have both passed resolutions accepting the terms of this Act. Acceptance of this act. Sec. 8. Be it further enacted, That the Board of Commissioners shall, before adopting the resolution putting this Act into effect, request the Ordinary to call a special election referring to the people of Floyd County the question of adopting or rejecting said Act. It shall be the duty of the Ordinary to call said election not less than fifteen nor more than thirty days after receiving said request. Said election shall be called as special elections are called and those voting for such Act to go into effect shall have printed or written on their ballots the words For Bridge Act; those opposed shall have Against Bridge Act. The Ordinary shall consolidate the vote and shall certify the result to the Board of Commissioners who shall declare the result, and shall act accordingly. Election for adoption of this act.

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Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1920. FLOYD COUNTY FOX HUNTING; PENALTY. No. 458. An Act to prohibit the hunting, following hounds in pursuit of, trapping, killing or destroying in any manner, fox in the County of Floyd, State of Georgia, except during certain seasons of the year, and to provide a penalty for violation thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person to hunt or follow hounds or other dogs, in pursuit of, or to kill or in any manner destroy any fox in the County of Floyd, in the State of Georgia between the dates of March first and September first, inclusive. Hunting, when unlawful. Sec. 2. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person to kill or catch or maim by trapping, any fox in the County of Floyd in the said State at any time. Unlawful to kill, maim, or trap. Sec. 3. Be it further enacted by the authority aforesaid, That any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. 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 July 31, 1920.

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FORSYTH COUNTY TREASURER'S OFFICE ABOLISHED. No. 393. An Act to abolish the office of county treasurer of Forsyth County, Georgia, and provide the manner of handling the county funds of said county, and to provide for the appointment of the banks, to receive and disburse the funds of said county, and to provide the duties of said banks, in receiving and disbursing county funds, and providing for an auditor for said county funds, and requiring said banks to give bond for the handling of said county 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 first day of January, 1921, the office of county treasurer of Forsyth County shall be abolished, and such office shall on and after that date cease to exist. Office abolished Jan. 1, 1921. Sec. 2. Be it further enacted by the authority aforesaid, That Bank of Cumming, Cumming, Ga., and Farmers and Merchants Bank, Cumming, Ga., shall be made the county depositories. Depositories designated. Sec. 3. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues of the County of Forsyth shall and are hereby authorized and required to appoint, not later than the first Wednesday in December, 1920, one of the two above named banks as the depository for said county, to serve two years, beginning January 1st, 1921, and ending January 1st, 1923, after said term the other bank above named shall automatically become the county depository, for the term of two years thereafter; said depository rotating automatically each two years from one of the said banks to the other. Appointment. Service in rotation.

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Sec. 4. Be it further enacted by the authority aforesaid, That each depository so selected shall qualify by giving bond with good security in the amount required by law of county treasurers, to be approved by the Board of Commissioners of Roads and Revenues of said county, the premium of said bonds to be paid out of the county funds. Bond. Sec. 5. Be it further enacted by the authority aforesaid, That such depository shall, at least once in every three months, submit to said Commissioners of Roads and Revenues an itemized statement in detail of all receipts and disbursements by it of the funds of said county, which statement shall be duly verified by the oath of its cashier. Quarterly statements. Sec. 6. Be it further enacted by the authority aforesaid, That said Commissioners shall at least once during each year, cause the books of said depository, so far as the same pertains to its actings and doing as such depository, to be audited by some competent person or persons selected and employed by said Commissioners for such purposes. Audit of books. Sec. 7. Be it further enacted by the authority aforesaid, That said depositories shall receive no compensation, but all books and supplies for said depository to be furnished by the Commissioners of Roads and Revenues for said county. No compensation. Sec. 8. Be it further enacted by the authority aforeaid, That said depository shall pay all warrants issued by the Commissioners of Roads and Revenues promptly so long as they have funds to meet them. Payments. Sec. 9. The county treasurer of said county shall, on or before the first day of January, 1921, turn over to the depository of said county selected by the authorities of said county as herein set out, all money which may be in his hands at that time, together with all books and

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records belonging to his office, and take a receipt for same from said depository. Treasurer's payment and delivery. Sec. 10. From and after the said cunty depository having taken charge of said funds and records as set out in the proceeding 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 for the county shall turn the same over to said depositories. Taxes. Sec. 11. All money drawn from these depositories shall be by checks 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 by the various county officials and open to inspection by the grand jury of said county as a body or through its committees; provided, that the Clerk of the Superior Court of said county may and he is hereby authorized to draw on the proper funds his scrip for jury service to jurors of said county, and said county depositories are hereby authorized to respect said scrips and pay the same; the provision to apply only to jurors and bailiffs who are paid out of county funds as is now or may hereafter be provided by law. Money, how drawn. Records, inspection of. Sec. 12. In the event the depositories under this Act shall refuse to be such depository or depositories, all funds belonging to the county and records shall be turned over to the Commissioners of Roads and Revenues of said county and by them turned over to any other bank or banks selected as county depository under this Act, or such terms as may be agreed upon, by, and between such bank or banks and said authorities. Selection of other depository.

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Sec. 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved July 19, 1920. FULTON COUNTY TREASURER'S SALARY. No. 411. An Act to fix the salary of the treasurer of Fulton 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 salary of the treasurer of Fulton County shall be $5,000.00 per annum payable in monthly installments out of the funds of the county, upon warrant issued by the Commissioners of Roads and Revenues. Salary, and how payable. Sec. 2. Be it further enacted, That the premium on the bond of said treasurer, where same is hereby made a surety company, shall be paid out of the funds of the county, by warrants drawn by the Commissioners of Roads and Revenues. Premium on bond. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 24, 1920. FULTON COUNTY TREASURER'S SALARY. No. 496. An Act to fix the salary of the treasurer of Fulton County, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the salary of the treasurer of Fulton County shall be $5,000.00 per annum payable in monthly installments out of the funds of the county, upon warrants issued by the Commissioners of Roads and Revenues. Salary, and how payable. Sec. 2. Be it further enacted, That the premium on the bond of said treasurer, where same is hereby made a surety company, shall be paid out of the funds of the county, by warrants drawn by the Commissioners of Roads and Revenues. Premium on bond. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 5, 1920. GORDON COMMISSIONER'S OFFICE CREATED. EXISTING BOARD TO BE ABOLISHED. No. 490. An Act to create the office of Commissioner of Roads and Revenues in and for the County of Gordon, State of Georgia; to provide the method of election of such officer; prescribe his duties and powers; fix his salary and term of office; provide his clerk; provide for the management of the affairs of said county; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the office of Commissioner of Roads and Revenues, in and for Gordon County, State of Georgia, is hereby created. Said Commissioner shall be elected at the regular election to be held for State and county officers next following the passage of this

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Act; and quadrennially thereafter, in the same manner as other county officers are elected, and the Commissioner so elected at said election shall, after qualification, enter upon the discharge of his duties on the first day of January, 1921, the time when this Act becomes effective, and shall hold office for the term of four years and until his successor is elected and qualified. Persons qualified to vote for members of the General Assembly shall be eligible to hold said office. Should a vacancy occur in said office the same shall be filled by the Ordinary, who shall immediately appoint a Commissioner to hold until the next general election, when his successor shall be elected. The Ordinary shall act in the interim before making appointment. Office created. Election. Term of office. Vacancy, how filled. Sec. 2. Be it further enacted by the authority aforesaid, That the Commissioner as aforesaid shall be commissioned by the Governor of the said State of Georgia for the term for which he is elected or appointed, and before entering upon the duties of said office, shall subscribe to the oath required by law of county officers, and shall also give bond, with good security, payable to the Governor of said State, and his successors in office, in the sum of twenty-five thousand dollars, conditioned for the faithful performance of his duties as Commissioner, which bond shall be approved by the Ordinary of said county. Any cost arising from the execution of this bond shall be paid from the general funds of the county. Said Commissioner shall devote his entire time to his office. Commissioned by Governor. Bond. Cost of bond. Sec. 3. Be it further enacted by the authority aforesaid, That the Commissioner as aforesaid shall have the sole right to lay out, open, change or discontinue public roads of said county, when and where necessary, according to the laws now of force and effect, and shall have the sole management of the working of said roads. Said Commissioner shall have the authority to appoint a superintendent of public roads when in his discretion necessary; also to appoint all overseers, guards and officers

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that may be required to successfully carry out the provisions of this Act; to prescribe the duties of said superintendent, overseer, guards, and officers; to fix the term of their employment; and to pay said appointees such salaries or wages as may be deemed proper. Said Commissioner shall also have sole charge of the bridges of said county, but shall not have the right to build any new bridges over any river in or bounding said county except upon the recommendation of two consecutive grand juries, unless an existing bridge should be destroyed, provided that the contract for such bridge or bridges shall be let within one year from the second recommendation. He may work a chain gang, which said Commissioner in his discretion is hereby empowered to organize; said chain gang to consist of the misdemeanor convicts of said County of Gordon, or of any other in this State or any felony convicts apportioned to said county by the State Prison Board. He may work free hired labor and those who do not pay the commutation tax. He may have said roads worked, improved or repaired, and bridges built, improved or by contracting for the same when and in such manner as he may see fit, with private parties, company or corporation, but in accordance with the general laws of this State relative to the letting of county contracts. He may employ or combine any or all of the above methods, or may use any other methods or systems that may be desired for accomplishing the work necessary to keep the public roads and bridges of said county in good condition. Roads. Superintendent. Bridges. Chain-gang. Free labor. Combined methods of work. Sec. 4. Be it further enacted, That said Commissioner may purchase any and all machinery, implements, tools, wagons and stock necessary for working of said roads, and may build such houses and stockades, and purchase anything necessary for the use of stock and for handling and caring for the chain gang, the cost of the above to be paid from the road fund of said county. All bridges or culverts of whatever breadth or width shall be paid from the bridge funds of said county. Purchases. Bridge funds.

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Sec. 5. Be it further enacted, That said Commissioner shall prorate and expend in each district of said county the commutation tax and thirty-five per cent. of the ad valorem road tax collected from each said district and shall spend all other public road funds in any manner he may deem best for keeping the public roads and bridges in said county in good condition, especial attention to be given to the main roads of said county. Road taxes prorated. Sec. 6. Be it further enacted by the authority aforesaid, That all persons resident of said county between the ages of twenty-one and fifty years, except those living in corporated towns, shall be subject to road duty and shall be, and are hereby required, when notified or summoned, to work on the public roads of said county for such length of time in each year as may be fixed by said Commissioner; or to pay such commutation as may be fixed by said Commissioner; provided that no one shall be required to work for a longer period than five days, of ten hours each, in any one year, nor shall commutation tax be fixed at a sum that will amount to more than the prevailing daily wage for both the number of days' work required. Road duty. Commutation tax. Sec. 7. Be it further enacted by the authority aforesaid, That any person who has refused or failed to pay the commutation tax when demanded by the officer appointed by said Commissioner to make such demand and who shall, without good excuse, fail or refuse to appear at the time and place appointed to work when summoned or notified by the officer whose duty it is to give said summons or notice according to the rules of said Commissioner and the law in such cases made and provided, or who shall fail or refuse to do faithful work when he has appeared, shall be fined an amount twice the commutation tax per diem for each day he fails to work, or be imprisoned in the jail of said county at the discretion of said Commissioner, two days for each day he fails to work. If the Commissioner trying the case imposes a fine upon the person convicted it may be with the alternative of other punishment allowed by this section in case said fine is not paid. Penalty for failure to pay tax or work.

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Sec. 8. Be it further enacted, That said Commissioner be and he is hereby empowered, to try all defaulters, impose and enforce sentence as provided in the preceding section, and said Commissioner shall hold court for the trial of said defaulter at any time and place in said county that may be fixed by said Commissioner; provided, that ten days' notice of the time and place of trial be given to said defaulters. Trial of defaulters. Sec. 9. Be it further enacted, That defaulters shall be summoned for trial or arrested by such officer as said Commissioner may appoint or by the sheriff or his deputy or any lawful constable of said county. Arrest or summons. Sec. 10. Be it further enacted, That said Commissioner shall have power to administer oaths and hear testimony pertaining to all matters in the trial of defaulters and any other matters pertaining to the public roads and bridges of said county, and shall have exclusive jurisdiction to cite all defaulters and witnesses to appear before him when sitting as a court and shall have power to punish for contempt under the same rules and regulations as are provided for Justice Courts. Testimony. Jurisdiction. Sec. 11. Be it further enacted, That said Commissioner be and he is hereby empowered to audit and approve for payment all claims for work done and material furnished for the working of the public roads of said county, and for the building and repairing of the public bridges of said county. Audit of claims. Sec. 12. Be it further enacted, That said Commissioner shall have authoritw to collect the commutation tax and disburse the same without commission, and to perform all other duties not inconsistent with the provisions of this Act now performed by the present Board of Commissioners of Roads and Revenues; and shall have all powers now vested in said board not inconsistent with the provisions of this Act. Authority of commissioner. Sec. 13. Be it further enacted by the authority aforesaid, That said Commissioner shall have kept a book or

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books of record in which shall be recorded all official acts, and he shall be authorized to give orders or draw warrants on the Treasurer of said county on the funds arising from the ad valorem tax for public road purposes and on any other fund that may come into said County Treasurer's hands for use and expenditure on the public roads and bridges of said county and for any other use and expenditure necessary to carry out the provisions of this Act. Record of official acts. Sec. 14. Be it further enacted, That said Commissioner shall make out and furnish under oath to the grand jury at the February term of the Superior Court of said county, an itemized report of all money received by him from the various sources of income, also all money disbursed by him for the previous year, this report to be published with the grand jury presentments. Reports to grand jury. Sec. 15. Be it further enacted, That said Commissioner shall receive as compensation for his services a salary of eighteen hundred dollars per annum to be paid out of the county treasury in monthly installments at the end of each month. He shall also receive not to exceed six hundred dollars a year for traveling expenses, to be paid out of the county treasury monthly upon his itemized statement showing such expenses, which statements shall first be approved by the Ordinary. Salary of commissioner. Sec. 16. Be it further enacted, That the Ordinary of said county shall be the clerk of said Commissioner, and shall be paid for his services as clerk the sum of nine hundred dollars per annum to be paid out of the county treasury in monthly installments at the end of each month. The Ordinary shall give bond for the faithful performance of his duties in the sum of one thousand dollars, payable to the Commissioner of Roads and Revenues of said county. It shall be the duty of the Ordinary when acting as clerk to the Commissioner to keep a book of minutes and other records and do such other clerical

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work as is necessary in carrying out the work of the office. Ordinary to act as clerk. Salary and bond. Sec. 17. Be it further enacted, That it shall be the duty of each and every person subject to road duty under the provisions of this Act, to return his name to said Commissioner or t oihs clerk on or before the first day of February of each year for the purpose of having his name listed as a commutation taxpayer of said county, and in default of any person to have his name returned or listed as aforesaid, such person shall be subject to double commutation tax, or shall be required to work on the public roads double the number of days required by said Commissioner; provided, that if any person shall fail to return his name as subject to road duty under this section on account of providential cause (said Commissioner to be the judge thereof) such person shall not be subject to double taxation as aforesaid. Duty of persons subject to road duty. Sec. 18. Be it further enacted by the authority aforesaid, That said Commissioner shall hold regularly monthly meetings for the transaction of such business as pertains to the duties of his office, said meetings to be held in the courthouse in Calhoun, Georgia, on the first Tuesday in each month; provided, that he may hold special or called meetings when necessary to transact any business that is not required to be transacted at the regular monthly meetings. Meetings to be held. Sec. 19. Be it further enacted, That said Commissioner be and he is hereby empowered to levy an ad valorem tax of ten mills on each dollar of taxable property in said county for road purposes. Road tax ad valorem. Sec. 20. Be it further enacted by the authority aforesaid, That said Commissioner or any one acting under his appointment or authority shall not purchase or control for the purchasing of any supplies, materials or anything for use of the said county, from; nor shall appoint, hire or use, either directly or indirectly, day labor expected, any person related to said Commissioner unto the second

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degree of relationship; provided, that this section shall not apply to purchases made through public bids that have been advertised; provided further, That this section shall not apply to the purchase of gravel or other surfacing materials for use on public roads. Purchases from relatives forbidden. Sec. 21. Be it further enacted by the authority aforesaid, That when the Commissioner of Roads and Revenues for said county as herein created shall have been elected and qualified, then the Acts creating and relating to the Board of Commissioners of Roads and Revenues for the County of Gordon, approved, respectively, February 26, 1874, October 22, 1889, July 24, 1909, August 18, 1913, shall be repealed and the existing Board of Commissioners of Roads and Revenues for said County of Gordon shall be abolished. Acts of 1874, 1889, 1909 and 1913 to be repealed. Existing board abolished. Sec. 22. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1920. GRADY BOARD OF COMMISSIONERS ABOLISHED. No. 434. An Act to repeal an Act of the General Assembly of the State of Georgia establishing a Board of Commissioners of Roads and Revenues in the County of Grady, Approved August 14, 1916. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That an Act of the General Assembly of the State of Georgia establishing a Board of Commissioners of Roads and Revenues in the County of Grady, approved August 14, 1916, be and the same is hereby repealed, to take effect on and after January 1st, 1921. Act of 1916 to be repealed.

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Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 26, 1920. GRADY BOARD OF COMMISSIONERS CREATED. No. 431. An Act to create a Board of Commissioners of Roads and Revenues for the County of Grady, State of Georgia, to provide for the manner of their election and for filling vacancies caused by death or otherwise; to provide for the selection of the first Commissioners under this Act and their successors; to define the powers and duties of said Board of Commissioners, and to fix their compensation; to provide for the division of the county into Commissioners' districts; to prescribe the term of office of said Board of Commissioners; and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, there shall be created and established in the County of Grady, a Board of Commissioners of Roads and Revenues, consisting of three freeholders, who shall be elected by the qualified voters of Grady County, at the first general election after the passage of this Act. Said Commissioners shall be elected at the general election to be held in said county in the fall of 1920, and shall take and hold office from and after January 1, 1921, it being the intent of this Act that the present Board of County Commissioners shall hold office until January 1, 1921, and that the new Board of Commissioners shall take and hold office from and after that date. Board to be elected. Effective Jan. 1, 1921. Sec. 2. Be it further enacted by the authority aforesaid, That Grady County be divided into three Commissioners'

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districts, to be composed of the following militia districts of said county, each district with the following number of members on the Board of Commissioners of Roads and Revenues, to-wit: Cairo District shall compose Commissioners' District No. 1, and shall have one member of said board; Spence, Lime Sink, Blowing Cave and Spring Hill Districts shall compose a Commissioner's district, and shall be District No. 2. Whigham, Higdon, Ragan, Duncanville and Pine Park districts shall compose a Commissioner's district and shall be District No. 3. Each of said Commissioner's Districts Nos. 1, 2 and 3 shall be entitled to one Commissioner on said Board of Commissioners of Roads and Revenues of Grady County. The Commissioners from each said districts must be a resident of said district and must have been a resident of said county for two years. Districts defined. Membership. Sec. 3. Be it further enacted, That if there shall occur a vacancy by death or otherwise on Board of Commissioners of Roads and Revenues, the Ordinary shall, within five days from the occurrence of the vacancy, call an election to be held not more than thirty days from the occurrence of the vacancy, fill the same. The election shall be held in the same manner as elections for members of the General Assembly, and the return to be made to the Ordinary, who shall declare the results of said election; provided it shall not be necessary to call an election as provided in this section when such vacancies shall occur within six months prior to any general election for the selection of county officers, in which event such vacancy shall be filled by Commissioners in office for the unexpired term. Vacancy in office, how filled. Sec. 4. Be it further enacted, That at all elections for election of Commissioners, the names of Commissioners elected shall be certified by the clerk of the Superior Court to Ordinary; and each Commissioner before entering upon the duties of his office shall be required to take the following oath administered by the Ordinary, to-wit: You will faithfully discharge the duties of Commissioner

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of Roads and Revenues of Grady County, and in all matters which require your official action, to the best of your knowledge and skill, you will so act in your judgment as will be the most conducive to the welfare and best interest of the entire county; so help me God. Said oath shall by the Ordinary be recorded on the minutes of the Court of Ordinary. Certificate of election. Oath of office. Sec. 5. Said Commissioner shall have exclusive jurisdiction over the following matters, to-wit: In directing and controlling all the property of the county as they deem it expedient, according to law; in levying taxes according to law; in establishing, altering or abolishing and changing election precincts and militia districts; in supervising in the tax collector's books; and allowing inslovent list for county; in settling all claims against and for the county; in the management, collection, handling, keeping and disbursement of all moneys belonging to the county; which may be paid out on warrant drawn on the Treasurer and signed by the chairman of the board; taking care of the poor, promotion of health; and shall exercise all other powers now exercised by the Judge of the County Court, when sitting for county purposes. Jurisdiction. Sec. 6. Be it further enacted, That said Board of Three Commissioners shall hold office for a term of four years; beginning January 1, 1921, and until their successors are elected and qualified. Said Commissioners shall receive the sum of four dollars for each day actually engaged in work for the county as a member of the Board of Roads and Revenues. Term of office. Pay. Sec. 7. Be it further enacted, That it is the intention of this Act, that a new board of three Commissioners shall be elected at the next general election to be held in Grady County, and that they shall take and hold office from and after January 1, 1921, and that the present board shall hold office until that date and until successors are elected and qualified under this Act. Said board of three Commissioners and their successors shall be elected by the

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qualified voters of said county, it being the intention that said Board of Commissioners shall be County Commissioners and not District Commissioners. Effective Jan. 1, 1921 Sec. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 26, 1920. GRADY PRIMARY ELECTION REGULATIONS. No. 568. An Act to prescribe the manner of holding primary elections in Grady County, and to provide rules and regulations governing same; prescribe the penalty for violation thereof, and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State and it is hereby enacted by authority of the same, That from and after the passage of this Act all primary elections held in Grady County, for the nomination of all Federal, State, county and municipal offices shall be held and conducted under, and according to the following stipulations, rules and regulations: For the purpose of holding all Federal, State and county primary elections in said County of Grady, the Ordinary, County Commissioners or other authorities having charge of the financial affairs of the county, shall prepare in each voting precinct in the various districts of the county, suitable booths, to be prepared in sufficient number to reasonably accommodate the electors ballots in said precinct, and said booths shall be so arranged that electors can not be observed by each other in preparing ballots to be cast in said primary election. Nominations by primary elections. Booths at precincts. Sec. 2. All primary elections held in said County of Grady shall be held in a room sufficiently large to accommodate the managers and clerks, and such others as

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may be necessary to assist in conducting a fair and impartial election, and also sufficiently large for the proper arrangement of the booth, elsewhere provided for in this Act. Room for election. Sec. 3. It shall be the duty of whatever authority under which a primary election is to be held to furnish the managers thereof in each voting precinct a sufficient number of ballots for the voters in said precinct, which ballot shall be entitled The Official Ballot to be cast in primary election, and no other ballot than the official ballot shall be allowed cast in such primary eections. Said ballot shall contain the names of all the candidates to be voted for in said primary election, with instructions, where necessary to vote for one or vote for two, or whatever number of candidates are to be nominated in said primary. Said official ballots shall be furnished to no one except the managers selected to hold the primary in which they are to be used; and they shall be printed under paper of such texture and thickness as to prevent the possibility of any one, under whose vision said ballot may come after it is folded, discovernig the names on the back thereof of any candidate for whom an elector may have voted for or against in said primary elections. Official ballot. Sec. 4. No candidate or other individual shall be allowed to solicit votes within a distance of twenty-five feet of the entrance to a polling precinct, and only the number of electors shall be admitted to the precinct equal to the number of the voting booths provided in said precinct; and after entering into said precinct no voter shall be allowed to enter into conversation with any one, or allowed to discuss any matter whatsoever with any other voter who may occupy the precinct at the same time. Upon entering the precinct the voter shall be provided with a copy of the official ballot, by the election managers, and the voter shall immediately repair to the booth and mark his ballot secretly, after which said ballot shall be deposited with the managers of said primary election. In the event a ballot is spoiled in marking, the voter shall

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be furnished another one upon the surrender, not to exceed three. All voters shall be allowed five minutes each in which to prepare and cast their ballots, provided no oth e r voters are waiting to enter the precinct, in which case only three minutes shall be allowed. Regulations. Secret ballot. Time allowed. Sec. 5. That any voter who is unable, by reason of physicial disability, illiteracy, or otherwise to prepare his own ballot, shall have his ballot prepared by two of the election managers, according to the instruction of the voter, and without comment or solicitation by such managers; or such voter may be allowed to be accompanied into the precinct by his son, brother or father, who may prepare his ballot according to his instructions. The managers may, if they deem it proper, require of any voter requiring such assistance to take oath as to such disability, and as to the relationship of the party he wishes to accompany him. Assistance to disabled voter. Sec. 6. Any primary election managers assisting a voter in preparing his ballot shall keep the ballot of such voter in absolute confidence and secrecy; and all managers of such primary elections and each of their clerks and assistants shall be legally sworn before entering upon the duties of holding such primary elections, to conduct the same according to law, with fairness and impartiality to the interest of all candidates, and to preserve inviolate the secrecy of the manner of the ballot, and for whom cast, by any voter, the knowledge of which may be obtained by them in holding such primary election. Secrecy of ballot. Oath of managers and clerks. Sec. 7. No candidate shall be allowed the nomination in any primary election held in said county if it is shown to the authorities under which said primary is held, that such candidate used whiskey, money or other thing of value to influence and secure votes or that he furnished money or other things of value to his friends to be used for such purpose, or that he wilfully violated the provisions of this Act. Forbidden influences.

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Sec. 8. A bailiff shall be employed at each voting precinct, whose duty it shall be to see that the terms of the Act are properly complied with, and said bailiff shall have the same authority as is conferred upon lawful constables of this State, and in addition thereto he shall be legally sworn to faithfully and efficiently perform the duties incumbent upon him. Bailiff. Sec. 9. No information in regard to the returns of any primary election held in said county, or the ballot cast therein, shall be given out by any election manager, clerk, bailiff, or other assistant until six o'clock, p. m. on the day which said primary election is held. Information of returns. Sec. 10. Within seven days after the date of any primary election held in said county any candidate for a nomination in said primary who has been defeated upon the face of the returns may petition the authorities under whose jurisdiction said primary was held for an appeal from or review of the action and decision of the judges of the nominating in the counting of the ballot and announcing the result and for a re-canvass and recount of the ballots cast in any or all of the precincts in which said primary election was held. Upon the filing of said petition as aforesaid, with affidavits made by officers of the election, or by watchers or challengers or other persons setting forth acts of fraud, mistakes, error or irregularity in making said count or returns by the judges of said primary election or setting forth that some of the returns of the election show on their face ambiguity, error or fraud, mistake or miscalculations by the managers or judges of said election, or if no such affidavit is filed with said petition, and the petitioner in lieu of such affidavit, offers to give and does give bond in an amount in each instance to be approved by the authorities having jurisdiction of said primary election, to pay the reasonable cost of said appeal, recount, review and recanvass the said authorities in either event shall produce before them the ballot boxes, without requiring any evidence to be taken, or proof submitted and recount and

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recanvass the ballots cast in the precincts named in said petition. Said review, recount and recanvass shall be conducted with all possible dispatch and in preference to all other business, under such mode of procedure as the authorities hearing such contest shall prescribe, by means of tellers appointed by them on the recommendation of and with equal representation to the opposing candidates. They shall set for said purposes at some convenient place agreed upon for the purpose every day, including Saturdays, at least from nine o'clock a. m. to five o'clock p. m. with an intermission of one hour for lunch, until said review, recount and recanvass is completed. Said recount shall be had in the presence of the candidates and their representatives, and of the press and general public. Upon the completion of said recount and recanvass the authorities conducting the same shall award the cost of same as follows: If the result in such primary election is changed, or if there is a change thereby of two per cent. of the total votes recounted, the cost shall be awarded against the authorities under whose jurisdiction said primary election was held. But if the result is not changed thereby as much as two per cent. of the total vote cast in the contested precincts, then the cost shall be awarded against the petitioner, and his bond, if given as above provided. Whenever such appeal from the determination and action of the judges of the primary election in said county is held as aforesaid, and completed the said authorities shall correct the returns and certificate of any canvassing board, which may have been made of said primary election; and shall give to the person so found to be nominated as a candidate or selected to other position in said primary, a new certificate of nomination or other election in conformity with the result of said recount and recanvass, and shall certify the same to the proper authorities, as said candidate certificates of nomination or selection shall stand in lieu of same and in place of any certificate of nomination given by any canvassing board. Appeal for review or recount, etc. Affidavit. Bond. Procedure. Result. Certificate.

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Sec. 11. Violation of any of the provisions of this Act, shall constitute a misdemeanor and shall be punished as prescribed in Section 1065 of the Criminal Code of 1910. Penalty. Sec. 12. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 9, 1920. GREENE COUNTY FOX-HUNTING; PENALTY. No. 679. An Act to prohibit the hunting, following hounds in pursuit of, trapping, killing or destroying in any manner fox in the County of Greene, State of Georgia, except during certain seasons of the year, and to provide a penalty for violation thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to hunt or follow hounds, or other dogs in pursuit of, or to kill, or in any manner destroy any fox in the County of Greene, in the State of Georgia, between the dates of February first and September first, inclusive. Hunting, when unlawful. Sec. 2. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person to kill or catch or maim by trapping, any fox in the County of Greene in said State at any time. Unlawful to kill, maim, or trap. Sec. 3. Be it further enacted by the authority aforesaid, That any person violating any of the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920.

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GWINNETT COUNTY TREASURER'S SALARY. No. 520. An Act to fix the salary of the Treasurer of Gwinnett County in lieu of commissions as now paid; to pay premiums on his bonds from funds of the County Treasury, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after December the 31st, 1920, and annually thereafter, the compensation or salary of the Treasurer of Gwinnett County shall be one hundred ($100.00) dollars per month in lieu of the compensations now received in commissions, and any and all other compensation now received by the Treasurer of said county. Said sum of one hundred dollars to be paid out of the treasury of Gwinnett County, monthly, upon the warrant of the County Commissioners of said county. Salary after Dec. 31, 1920. How payable. Sec. 2. Be it further enacted by authority aforesaid, That the premiums on the bond of said Treasurer may be paid out of the county funds of said county, in the event said Treasurer elects to give a bond furnished by a fidelity guarantee bonding company, the amount of said bond and the company to be approved by the Board of County Commissioners. Premium on bond. Sec. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1920.

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HALL COMMISSIONERS; ACT AMENDED. No. 696. An Act to amend an Act approved August 1st, 1911, as shown in printed Act of 1911, pages 439, 440, 441, 442, 443, 444 and 4445, amending the Act to create a Board of Commissioners of Roads and Revenues in the County of Hall; to define their powers and duties, and for other purposes, approved December 23rd, 1886, so as to define the powers and duties of the County Supervisor, to provide his term of office, his compensation, how he may be removed from office, to provide the term of office of the members of the Board of Commissioners of Roads and Revenues, and to fix the compensation of the clerk of the Board of Commissioners of Roads and Revenues, and for 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 of the Act approved August 1st, 1911, of the printed Acts of 1911, pages 439, 440, 441, 442, 443, and 445, amending the Act creating the Board of Commissioners of Roads and Revenues for the County of Hall, be amended by striking from said section the words three hundred dollars ($300) per annum, and inserting in lieu thereof the words fifty dollars ($50) per month and not less than twenty-five dollars ($25.00) per month, so that said section when amended shall read as follows: Be it further enacted by the authority aforesaid, That Section 7 of said original Act approved December 23rd, 1886, be, and the same is, hereby amended as follows: 1. By striking out all of the last paragraph of said Section 7, which refers to the clerk of Board of said Commissioners and his compensation, and substituting the following: The said board shall have the right to appoint a clerk to said board, at such compensation as they may decide, not to exceed fifty dollars ($50) per month and not less than twenty-five ($25)

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per month, and to remove said clerk at their pleasure, and it shall be the duty of said clerk to keep the full minutes of all the proceedings of said board, to keep on file and preserve all papers relating to the business of the board, and to keep in a special book a statement of all the taxes levied and for what purpose levied and a separate detailed statement of each order drawn on the fund for which any tax is levied so as to show the amount drawn on each fund, and shall prepare and submit to the grand jury of Hall County on the first day of each regular term of the Superior Court a balance sheet showing the amount to the credit of each fund and the amount drawn on each fund, and shall, in addition, keep such other books and perform such other duties as are required or may be required by law or by order of said board. Act of 1911 amended. To be read. Clerk's pay. Sec. 2. Be it further enacted by the authority aforesaid, That Section 5 of the Act approved August 1st, 1911, of the printed Acts of 1911, pages 439, 440, 441, 442, 443, 444 and 445, amending the Act creating the Board of Commissioners of Roads and Revenues for the County of Hall, be amended by striking from said section the words as chosen by the grand jury from the said three members of the Board of County Commissioners, and further amended by striking from said section the words one hundred ($100) dollars per month and inserting in lieu thereof the words two hundred dollars ($200) per month, and further amended by inserting after the words County Treasurer, wherever they shall appear in said section the following: Or other person or depository authorized by law to disburse the county funds, so that said section when amended shall read as follows: Be it further enacted by the authority aforesaid, That Section 8 of said original Act as approved December 23, 1886, be amended by striking out all of said Section 8 after the enacting clause, and substituting the following: That two of the members of said Board of County Commissioners, not including the County Supervisor, shall receive as compensation for their services the

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sum of three ($3) dollars per diem, for not exceeding one hundred days in any year, payable monthly upon the order of said Board of Commissioners by the County Treasurer, or other person or depository, authorized by law to disburse the county funds; and the said County Supervisor shall receive as compensation for his services the sum of two hundred ($200.00) dollars per month, payable monthly by the County Treasurer or other person or depository authorized by law to disburse the county funds upon the order of said Board of County Commissioners. Sec. 5 amended. to be read. Commissioners' pay. Supervisor's pay. Sec. 3. Be it further enacted by the authority aforesaid that the Act approved August 1st, 1911, of the printed Acts of 1911, pages 439, 440, 441, 442, 443, 444 and 445 amending the Act creating the Board of Commissioners and Revenues for the County of Hall, be amended by adding thereto the following sections: 9 (a) Be it further enacted by the authority aforesaid, That in the Case of a vacancy in the office of County Supervisor, chairman or Commissioner, by removal, death, resignation, or otherwise, the Ordinary shall by appointment temporarily fill such vacancy until the grand jury shall be convened, such vacancy shall be filled by election by the grand jury by a two-thirds vote, the person thus elected by the grand jury to hold office for the unexpired term of such officer as he may have been elected to succeed. Vacancy in office. 9 (b). Be it further enacted by the authority aforesaid, That the term of office of the County Commissioner, including the chairman, Supervisor and Commissioner, shall be two years from January 1st, 1921, and the terms of the office of their successors shall be for two years, or until their successors are elected and qualified. 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 be, and the same are, hereby repealed. Approved August 16, 1920.

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HANCOCK COUNTY TREASURER'S OFFICE ABOLISHED. No. 702. An Act to abolish the office of County Treasurer of Hancock County, Georgia, and to provide the manner of handling the county funds of said county, and to provide for the appointment of some bank or banks, to receive and disburse the funds of said county, and to prescribe the duties of said bank or banks, in receiving and disbursing county 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 first day of January, 1925, the office of County Treasurer of Hancock County shall be and the same is hereby abolished. Effective Jan. 1, 1925. Sec. 2. Be it further enacted by authority aforesaid, that it shall be the duty of the Commissioners of Roads and Revenues, in and for said county, as a board, at the regular meeting on the first Friday in December, 1924, and annually thereafter, to designate some bank in said County of Hancock to act as a depository and disbursing agent of and for the public funds of said county, to receive and disburse all county funds that are generally received and disbursed by county treasurers as now provided by law, provided said Board of County Commissioners shall designate only such banks as will comply with all the provisions of this Act, and after competitive bids, and to that bank that will pay the highest rate of interest for the county funds so deposited, which interest shall be computed on the average daily balances, and said bank to be eligible shall give bond in the sum of $25,000.00, in some approved indemnity company, satisfactory to said Board of County Commissioners, and the premium of such bond shall be paid from the funds of said county. Said bank designated as a depository shall not receive any commission or compensation for receiving or disbursing

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the funds of said county, and shall keep all checks, vouchers and warrants on file subject to the inspection of the Grand Jury or its authorized agents, and the Board of County Commissioners of said county. Depository to be designated. Bond. Premium. Sec. 3. Be it further enacted by authority aforesaid, That it shall be the duty of such bank acting as county depository under the provisions of this Act, to: Duties. 1. Pay without delay, when it has sufficient funds belonging to said county, any check or warrant properly drawn on the county funds held by it, and all jury script issued by the clerk of the Superior Court of said county as they are presented by the proper holders thereof. Payments. 2. To keep a well-bound book in which shall be entered all receipts of money, from whom it was received and on what account, and all moneys paid out, and the number of the checks or warrant paid, and to whom it was payable. Book entries. Sec. 4. Be it further enacted by authority aforesaid, that the county shall defray the expense incident to the purchasing of all necessary books and stationery, and when said books have been completed, used, they shall be filed in the office of Ordinary of said county, to become a part of the public records. Expenses. Sec. 5. Be it further enacted by authority aforesaid, that said County Board of Commissioners shall give notice in some public gazette, in the City of Sparta, at least thirty days beforehand, of the date of the meeting at which time they will select a bank to act as depository as herein provided upon competitive bids. Notice of selection. Sec. 6. Be it further enacted by authority aforesaid, That when this Act goes into effect it shall be the duty of the County Treasurer of the County of Hancock to pay over all funds held by him to the depository designated under the provisions hereof; and it shall be the duty of all persons holding funds belonging to the said County of Hancock to pay the same over to said bank in the same

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manner that they would now be required by law to pay the same to the County Treasurer and a receipt from the properly designated depository as herein provided shall relieve all persons holding funds of said county from any further liability on account thereof. Treasurer's duty to pay over funds. SEc. 7. Should the time ever come when there is no bid by any bank for the funds of said county, then the Commissioners of Roads and Revenues, or other officers having charge of county matters, shall have the right to designate some good and solvent bank to act as depository without interest, subject to the provisions of this Act. Selection of other depository. Sec. 8. Be it further enacted that should the time ever come when there is no bid for the funds of said county, under the provisions of this Act, and there is no bank willing to accept the funds of said county and act as a depository as provided in Section 7 of this Act, then the Commissioners of Roads and Revenues shall be and they are hereby authorized to appoint some suitable person to act as County Treasurer in receiving and disbursing the funds of said county at a salary not to exceed $300.00 per annum, upon his giving bond and good and sufficient security as is now provided by law for the binding of a County Treasurer. Sec. 9. Be it further enacted that the Commissioner of Roads and Revenues at their regular meeting in December, when designating a county depository under the provisions of this Act shall record on their minutes the full details of each bid made by any bank in said county for the funds thereof and the conditions upon which any bank submitted a bid is willing to assume the obligations of a depository under the provisions hereof. Record on minutes. Sec. 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 16, 1920.

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HARALSON COMMISSIONERS, COMPENSATION OF. No. 616. An Act to amend an Act approved August 16, 1915, creating a Board of Commissioners of Roads and Revenues for Haralson County, so as to fix the compensation of the members of said board and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section 13, of said Act, approved August 16, 1915, creating a Board of Commissioners of Roads and Revenues, for said county be, and the same is hereby amended, by striking all of said section after the Number 13, by inserting in lieu thereof, the following: Act of 1915 amended. Be it enacted by authority aforesaid, That said Commissioners, shall receive as compensation for their services the following: The chairman of said board shall receive an annual salary of $500.00 per year, and the other two members of said board shall receive an annual salary of $300.00 per year. All of said sums to be paid out of County Treasury of said county on an order drawn by order of the board and signed by the chairman and the clerk; said Commissioners shall be exempt from road and jury duty, and shall be subject to removal from office for malpractice in the same manner as other county officers. Salaries of commissioners. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1920.

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HOUSTON COUNTY TREASURER'S SALARY. No. 498. An Act to amend an Act to fix the salary of the County Treasurer of Houston County and for other purposes. Approved August 8th, 1918. Amend Section 1 of said Act by striking the figures $300.00 wherever they occur and insert in lieu thereof the figures $900.00 and by striking in the last line of said section the figures $25.00 and insert in lieu thereof the figures $75.00 so that said section when so amended shall read as follows: Section 1. Be it enacted, That from and after the passage of this Act the compensation of the Treasurer of Houston County shall be $900.00 per annum in place of all commissions as now received by him, the same to be paid out of the Treasury of Houston County and in addition to said $900.00 the cost of the bond of said Treasurer shall be paid out of the county treasury faoresaid, $900.00 to be paid monthly, that is $75.00 per month. Salary, and cost of bond. Sec. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 5, 1920. JACKSON COMMISSIONERS; ACT AMENDED. No. 719. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County, approved December 18th, 1901, and all Acts amendatory thereof; to repeal so much of the Act approved August 19, 1912, as is in conflict with this Act so as to make the salary of the chairman of the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, two thousand dollars per annum;

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also to define further duties of said Commissioners or Roads and Revenues of said county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the chairman of the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, shall be paid the sum of two thousand dollars ($2,000.00) per annum, said sum to be paid out of the treasury of said county monthly, quarterly, or annually, as the said chairman may demand. Salary of chairman of board. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the Commissioners of Roads and Revenues of Jackson County, shall, upon grading and soiling a section of road in said county, immediately inaugurate and put into effect a definite system of maintaining such graded and soiled road, and shall keep the same in good repair. System of road grading, etc. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 16, 1920. JASPER COMMISSIONERS' POWERS DEFINED. No. 643. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Jasper, defining the powers and duties of the same and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that Paragraph 101, Section 6, of the Act creating a Board of Commissioners of Roads and Revenues of

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Jasper County, approved March 2nd, 1874, be and the same is hereby repealed, and in lieu thereof the following shall be inserted as the law: Paragraph 101, Section 6. Be it further enacted, That the said Commissioners shall employ a clerk who shall keep a minute of the proceedings in a well-bound book, and such other records as are necessary to be provided, at the expense of the county, and shall receive such compensation therefor as said Commissioners may deem just and proper. Act of 1874 amended. Clerk; duties and pay. Sec. 2. Be it further enacted, That all laws or parts of laws in conflict with this amendment be and the same are hereby repeald. Approved August 12, 1920. JEFF DAVIS BOARD OF COMMISSIONERS CREATED. No. 530. An Act to create a Board of Commissioners of Roads and Revenues for the County of Jeff Davis, State of Georgia, to provide for the appointment of members thereof, to prescribe their powers, duties, compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Jeff Davis, in said State, is hereby created to consist of three members, who shall be qualified voters of said county. Board of three created. Sec. 2. Be it further enacted, by the authority aforesaid, That for the purpose of this Act, the County of Jeff Davis shall be divided into three road districts as follows: The Hazelhurst Militia District shall constitute District Number One, the Altamaha Militia District and the Blackburn Districts shall constitute Road District

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Number Two, and the Whitehead Militia District and the Ocmulgee Militia Districts shall constitute Road District Number Three. Road districts. Sec. 3. Be it further enacted by the authority aforesaid, That the first commissioners to serve under this Act shall be T. H. Weatherly from Road District No. 1, Gideon Yawn from Second Road District, G. T. Adams from Third Road District, and one member shall be appointed from each of the three road districts and no member shall be appointed from any road district unless he is a bona fide resident of the same. Said commissioners appointed shall qualify and assume their duties as much commissioners on the first Monday in September, 1920, and shall hold office until the first Monday in January, 1925, or until their successors shall be appointed and qualified. Said Commissioners shall be elected by the people at the next general election in 1924. First three Commissioners designated. Tenure of office. Sec. 4. Be it further enacted by the authority aforesaid, That the terms of office of said Commissioners after January, 1923, shall be for two years beginning with January 1, 1923, and as these terms expire their successor shall be appointed by the Judge of the Superior Court of Jeff Davis County after having been recommended by the grand jury setting at the fall term of Superior Court preceding their appointment. Terms of office. Sec. 5. Be it further enacted by the authority aforesaid, That the Chairman of said Commissioners shall reside in Road District Number One and that should a vacancy occur from death, resignation, removal from county or district, or otherwise occur on said Board of Commissioners, the same shall be filled by appointment of the Judge of Superior Court of said county of Jeff Davis for the unexpired term. Chairman. Vacancy. Sec. 6. Be it further enacted by the authority aforesaid, That each Commissioner before entering upon his duties shall give bonds in the sum of one thousand dollars each, payable to the Ordinary of said county, and

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his successors in office shall take and subscribe to an oath before the Ordinary of said county to well and faithfully perform his duties as such Commissioner of this Act, and said bond shall be filed with the Ordinary and recorded upon his minutes. Said bond shall be for the faithful performance of the duties of said office, and may be sued on by the Ordinary on his own motion or by direction of the grand jury, and any Commissioner and his sureties shall be liable for any breach thereof by way of malfeasance in office or for neglect of duty. Bond. Oath. Sec. 7. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall hold one regular meeting in each month on the first and third Mondays thereof; the first meeting to be held on the first Monday in August, 1920, at 10 o'clock A. M., when the present Ordinary for said county shall turn over to them all records and books and official papers therein, together with all county property, with a full inventory of the same, and a full and complete statement showing the financial condition of the county. At this meeting or as soon thereafter as practical the Board of Commissioners shall organize by electing one member as Vice-Chairman and every two years thereafter on the first Monday in January a Vice-Chairman shall be elected, but any Chairman or Vice-Chairman shall hold his office until his successor is elected and nothing herein shall prevent the re-election of Vice-Chairman. The Vice-Chairman shall in the absence or disqualification of the Chairman or during the vacancy in the office of Chairman perform and discharge all of the duties of the Chairman and in the event of a vacancy in the office of Chairman or Vice-Chairman, the same shall be filled by the Board at its next regular meeting. The Chairman shall be the chief executive of the Board. He shall see that all orders, resolutions and rules of said Board are faithfully filed and impartially executed and enforced and that all the officers, employees, and agents of said Board faithfully and impartially discharge the duties required of

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them. He shall have the general supervision of the affairs of the county, acting under orders of the Board, and shall preside at all meetings of the Board. He shall have the power to convene the Board in extra session upon his own motion or upon the written request of the other two members of the Board, and shall do so whenever the other two members make such request. Meetings. Books and papers. Organization. Chairman and Vice-Chairman. Sec. 8. Be it further enacted by the authority aforesaid, That the salaries to be received by the Commissioners shall be $5.00 per day each, but no Commissioner shall receive pay for more than sixty days in any one year, and his pay shall be for actual services rendered. At the first regular meeting in each month each Commissioner shall furnish the clerk a statement of his services for the previous month, and upon approval of the Board he shall be paid therefor from the county treasury in the same manner as other expenses of the county are paid. Salaries. How paid. Sec. 9. Be it further enacted by the authority aforesaid, That the Ordinary of said county shall be clerk of said County Commissioners with a salary of $50.00 per month, and before entering upon his duties as such clerk shall give bond to be approved by the Board of Commissioners payable to the Commissioners of said county and their successors in office, in the sum of two thousand dollars, conditioned for the faithful performance of his duties as such clerk and to account for any and all funds, property or effects which may come into his hands as such clerk, which bond shall be filed with the Commissioners of said county and recorded on their minutes and may be sued on in like manner as the bond of said Commissioners. The Board of Commissioners shall cause the clerk to keep proper and accurate books of minutes wherein shall appear all acts, orders and proceedings of the Board and shall also cause him to keep full and accurate books of accounts wherein shall appear in detail all orders, warrants and other proceedings drawn by the Board of Commissioners on the county treasury or depository, for what purpose and on what fund, and all such orders

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and warrants shall be so drawn as to specify the purpose and on what fund drawn. Said books and records shall be so kept as to show at all times the financial conditions of the county, and shall be open to inspection by any citizen or tax payer of the county or of any other person interested in the same. The clerk shall also keep a book of inventory of all county property, including road machinery, live stock, chaingang outfits, road working tools and every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody and in what condition, which inventory shall be carefully revised each year and the clerk shall keep such other books and records as may be necessary, or as the Board may order and shall perform generally all and singular the acts and duties necessary to be performed by him as clerk, and such other duties as said Board of Commissioners may require. Ordinary to act as clerk. Bond. Minutes. Books and records. Sec. 10. Be it further enacted by the authority aforesaid, That the clerk of the Board of Commissioners shall be purchasing agent of the Board and shall upon orders of the Board purchase all equipment, material and supplies of said county, of such kind and quality and in such quantities as is directed by said Board of Commissioners, and whenever practical purchases of all equipment, material and supplies shall be by competitive bids, which bids shall be kept on file in the office of the Commissioners and subject to inspection by the grand jury or other interested citizens. Said clerk and the chaingang warden shall together on or before the 25th day of each month prepare and file with said Board a requisition for all supplies, material, equipment, etc., as near as the same can be ascertained which will be required for the succeeding month, and after said requisition is filed with the Board, the clerk of said Board shall call upon those having said material for sale to make bids or to submit bids for the sale of such material or such portions thereof as such person or firm might sell. All

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purchases made by the clerk shall be upon written orders and duplicate copies of said orders shall be kept on file in the office of the Commissioners and subject to inspection of the grand jury and other interested parties. Nothing herein shall prevent the purchases being made by the Board of Commissioners or by committees of said Board appointed for such purposes, but written orders therefor shall be given by the clerk. All purchases made shall be charged to Jeff Davis County, and before bills therefor are submitted to the Board for approval, they shall be audited and payment thereof recommended by the clerk, if purchased by him, and if approved by the Board of Commissioners at a regular meeting thereof, said approval shall be endorsed upon said bills by the Chairman and a list thereof entered upon the minutes of the Board, and when this is done warrants therefor shall be regularly drawn, which warrants shall be signed by the clerk and Chairman as all other warrants drawn on the treasury of the county shall be signed before payment thereof is made, except that in the absence of the Chairman and while the Vice-Chairman is acting as Chairman said Vice-Chairman shall be authorized to sign warrants on the county treasury or depository. Purchasing agent. Requisitions for supplies. Purchases. Audit and approval of bills. Sec. 11. Be it further enacted by authority aforesaid, That said Board of Commissioners may at their discretion and when they deem necessary, elect a superintendent of roads and bridges to be selected on account of his efficiency and knowledge and skill in practical road building, preference to be given to a civil engineer, when he fully measures up to the other requirements. The superintendent may also be a convict warden, but aside from his duties as warden if elected to that position, he shall not engage in any other business, trade or calling during his term of service. The officer shall have charge of laying out, building, preparing, improving and maintaining the public roads and bridges of the county upon orders of the Board of Commissioners. He shall receive such salary as may be fixed by the Board of Commissioners

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and his term of office shall be such as may be fixed by the Board with authority vested in the Board, to discharge him at any time and elect or employ a successor. The superintendent or warden shall give his receipt in writing to the clerk of the Board for all supplies and material furnished to him by the Board, which receipt shall be kept filed in the office of the Board of Commissioners. Superintendent of roads and bridges. Duties. Salary Sec. 12. Be it further enacted by the authority aforesaid, That the Board of Commissioners shall have the books and accounts of the tax collector, tax receiver, treasurer, sheriff, superintendent of schools and Commissioners of Roads and Revenues audited by a certified public accountant of this State, immediately after they take charge of the affairs of the county to cover such period as they may think advisable and each year thereafter they must have the books and accounts of said officers examined for the year previous, full reports of such audits, including statements of assets and liabilities of revenues and expenses and such schedules as may be necessary for a clear understanding of the affairs of the county, as of January 1st of each year shall be made and such audit shall be completed and furnished to the next succeeding term of the grand jury of the county, an intelligent statement of each audit showing the financial condition of the county, its receipts and disbursements shall be published by the Commissioners in the official organ of the county, if satisfactory prices therefor can be made for such publication; if not, then in some newspaper having a general circulation in the county, that the citizens and tax payers may fully understand the financial condition of the county. Said Board shall publish each quarter in such newspaper an itemized statement of receipts and disbursements. Audit of accounts of county officers. Financial statement. Sec. 13. Be it further enacted by the authority aforesaid, That said Board of Commissioners of Roads and Revenues shall have and they are hereby vested with exclusive jurisdiction and control over the following matters,

Page 575

to-wit: In the directing, controling and caring for all the property of the county according to law; in levying taxes according to law; in establishing, altering, or abolishing public roads, private ways, bridges and ferries, according to law; in establishing, abolishing or changing election precincts and Militia Districts, according to law; in supervising the tax collector's and tax reer's books, and in allowing the insolvent list for said county according to law; in settling all claims against the county; examining and auditing all claims and accounts of officers having the care, management, keeping, collecting or disbursement of money belonging to the county or appropriating for its use or benefit and bringing them to settlement, and especially are they charged with frequently examining and auditing and checking the books of the county treasury or county depository; the tax collector, the tax receiver, the sheriff, the superintendent of public schools, or other officers of said county through whose hands county funds may pass, and this may be done by the Commissioners themselves through their clerk or auditor, and they may require from all such officers subject to examination such reports as may be necessary to keep such Board of Commissioners fully informed at all times of the financial condition of the county; in controlling, caring for, and managing the convicts of the county, according to law; in making rules, regulations and provisions for the support of the poor of the county according to law; in promoting and preserving the public health of the county with authority to quarantine against contagious diseases and epidemics according to law, in regulating and fixing license fees as may be provided by law; in providing for the levying and collecting of the commutation road taxes, fixing the amount to be paid in money or the number of days work to be performed in lieu thereof; 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

Page 576

powers as are granted by law, or as may be indispensable to the jurisdiction over county matters or county finances in selecting and appointing all minor officials of the county whose election or appointment is not otherwise appointed by law, such as the superintendent and guards of convicts and chain gang, janitor of the court house, superintendent of pauper farms, should one be established, county physician and health officer, tax assessor, county policemen, and other officers and guards as needed and authorized by law, and such Board shall have authority to employ a competent attorney-at-law as county attorney to advise the Board and represent the county in such matters as the Board of Commissioners may direct, who shall be paid such salary as the Board of Commissioners may fix, monthly, out of the regular county funds of the county and such county attorney shall not hold any other office in the county pertaining to legal duties during his term of office, with authority of the said Board of Commissioners to fix his term of office, or to discharge him at any time; in regulating peddling license according to law. Said Board shall have entire control and management of the convicts of said county sentenced to work upon the roads or works of said county and all convicts of this State assigned to this county by the proper authorities of this State and shall so employ them according to law, and under such plans of working, building, repairing and maintaining the public roads, bridges, and works of said county as may now or hereafter be adopted or enforced by law in said county. Jurisdiction, matters within. Sec. 14. Be it further enacted by authority aforesaid, That said Board of Commissioners may receive contributions for the improvement of the public roads of the county from persons who own property along the same, or from any other person, or from the State Government or the United States Government, who may be interested in the improvements of the roads, and such contributions when received shall be used for the improvement

Page 577

of the road designated by the contributor, and it shall be the duty of the clerk to receive such contributions and to disburse the same as directed by the Commissioners, and he shall keep a book of accounts, which shall correctly show all such contributions, from whom received, and a correct disbursement of the same, to whom paid, and shall take and file receipts for all such disbursements and for any misappropriations of any such funds, he and his sureties on his bond shall be liable therefor. Contributions for road improvement. Sec. 15. Be it further enacted by the authority aforesaid, That it shall be unlawful for any said Commissioners or their clerk of said Board to have any financial interest in the sale or purchase of any articles to or from the county or to receive any rebate, expense account, transportation or other valuable considerations in connection with or through the purchase of any equipment or supplies for the county or the awarding of any contracts for said county, and if any Commissioner or the clerk shall knowingly or wilfully violate any provisions of this section, he shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed in Section 1065 of Penal Code of Georgia of 1910, and shall forfeit his office or be discharged from employment. Unlawful interest in purchases and sales. Sec. 16. Be it further enacted by the authority aforesaid, That the Chairman and one member of said Board, or in the absence of the Chairman, the Vice-Chairman and one member of the Board of Commissioners shall constitute a quorum for the transaction of any business of the Board and all votes of the Board making appropriations, authorizing the expeditures of county funds or fixing the salaries of officers, agents, or employees, shall be ayes and nays, duly recorded on the minutes and on any question or matter before the Board any member may demand an aye and nay vote, and on such demand the vote shall be taken and recorded on the minutes. Quorum of Board. Record of votes.

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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 7, 1920. JEFF DAVIS JURORS IN JUSTICES' COURTS. No. 566. An Act to provide compensation for jurors in Justice Courts of Jeff Davis County, to provide for the payment of same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the jurors in Justices' Courts of Jeff Davis County, Georgia, shall be entitled to the sum of two dollars per day, or a fractional part of a day, each; provided, while in attendance upon Justices' Court in said county, in obedience to summons issued and served upon them for that purpose, or while serving as a talisman therein, and it shall not be necessary for said jurors to be sworn to draw said compensation. Pay of jurors. Sec. 2. Be it further enacted by authority aforesaid, That any person entitled to pay as a juror hereunder, he shall make affidavit on the back of the summons as to the number of days he has attended on said summons; and if a talisman he shall make affidavit of the number of days in which shall be stated he was a talisman and the Justice of the Peace, or Notary, shall certify to the truth of the fact stated therein; and when this is done, said summons and affidavit, with said certificate, shall be an order or warrant on the county treasurer or depository, and said county treasurer or depository shall pay each juror two dollars for each day proven, out of the county funds as jurors are paid in Superior and City Courts. Affidavit required.

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Sec. 3. Be it further enacted by the authority aforesaid, That no juror shall be summoned, and no payment for attendance to such jurors shall be made except for attendance at the January, April, July and October terms of said Courts in each year. Terms of court for jurors. 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 9, 1920. JENKINS COMMISSIONERS, CLERK OF. No. 488. An Act to amend an Act to establish a Board of Commissioners of Roads and Revenues for the County of Jenkins, to provide for the manner of their election, to define their powers and duties, and for other purposes, approved August 1st, 1911 (Georgia Laws, pages 449-453); to repeal the same and insert a new section; to provide for the appointment of a clerk; to fix the compensation and duties of said clerk, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act that the Act entitled An Act to establish a Board of Commissioners of Roads and Revenues for the County of Jenkins, to provide for the manner of their election, to define their powers and duties, and for other purposes, approved August 1st, 1911, be and the same is hereby amended by striking out of said Act all of Section 5 and inserting in lieu thereof the following: Act of 1911 amended. Section 5. Be it further enacted by the authority aforesaid, That said Commissioners shall employ a clerk upon such a compensation as they may see fit to pay, said

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compensation not to exceed $100.00 per month. It shall be the duty of said clerk to keep a record of all the proceedings of said Commissioners in a book for that purpose, and perform such other duties as the Commissioners may prescribe. Said clerk shall give a bond in the sum of $5,000 for the faithful performance of such duties as may be required by said Commissioners, which bond shall be filed with the Ordinary of said county. The premium, if any, on said bond shall be paid for by the said Commissioners. New Sec. 5. Clerk's salary, duties and bond. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1920. MACON COUNTY TREASURER'S SALARY. No. 479. An Act to amend an Act approved August 9, 1916, entitled An Act to fix the compensation of the County Treasurer of Macon County, to prescribe the manner of its payment and for other purposes so as to further fix and prescribe such compensation, its manner of payment and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above recited Act, approved August 9, 1916, entitled An Act to fix the compensation of the County Treasurer of Macon County, etc. be and the same is hereby amended by striking from the first section of said Act, the words fifty ($50) occurring in the fifth line of said section, and inserting in lieu thereof the words one hundred ($100) so that said section when so amended shall read as follows: Act of 1916 amended.

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Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the first day of January, 1921, the salary of the Treasurer of Macon County, Georgia, shall be one hundred ($100) dollars per month, in lieu of all other compensation now received in commissions by the Treasurer of said county. Salary increased. Sec. 2. Be it further enacted by the authority aforesaid, That Section 2 of the said above recited Act, approved August 9, 1916, be and the same is hereby amended by striking from the second line of said section, the word fifty ($50) and inserting in lieu thereof the words one hundred ($100) so that said Section 2 when so amended shall read as follows: Sec. 2. Be it further enacted by the authority aforesaid, That the said sum of one hundred ($100) dollars per month be paid monthly out of the treasury of Macon County. Payable monthly Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1920. MERIWETHER COUNTY TREASURER'S COMPENSATION. No. 611. An Act to amend an Act approved August 16th, 1915, to change the compensation of the Treasurer of Meriwether County. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved August 16th, 1915, be and the same is hereby amended by striking

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from the fourth line of Section 1 of said Act the words Four hundred and eighty dollars, and substituting in lieu thereof the words Seven hundred fifty dollars, so that the said section when amended shall read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Treasurer of Meriwether County shall be paid a salary of seven hundred fifty dollars per annum. Act of 1915 amended. Salary increased. 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 11, 1920. MITCHELL COUNTY; ELECTION REGULATIONS. No. 418. An Act to provide for a secret and private ballot at all elections held in Mitchell County, Georgia, to make it the duty of certain officials to provide private rooms, booths or enclosures, at certain polling places, for the purpose of making and keeping the ballot secret and pure, to provide for the furnishing of official ballots, for all elections, both general and primary; to provide regulations for the conduct of all elections and to impose certain duties upon the managers and clerks; to make provisions for illiterate voters; to provide penalties for the violations of this Act by the voter, managers, clerks or other persons, and to make it a violation for any one having charge of any election to give out any information concerning said election, until polls are closed, and to make it illegal for any of the managers, clerks, or other officials of said elections, to solicit votes for any one, or to prepare any ballot differently to the way he or they may be instructed by the voter; to make it a penalty for any person, manager,

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clerk, printer or any other person, to furnish a likeness of any ballot that has been or is to be furnished the managers of any election, and to provide penalties for the violations of this provision; to furnish compensation for officials in charge of said elections 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, whenever any election, Federal, State, county or municipal, or any election of any kind or character, held for any purpose whatever, is held, it shall be the duty of the Board of Registrars of the county, and at the expense of the county, or in case of a purely municipal election, the City Executive Committee, at the expense of the municipality, shall prepare, or cause to be prepared, at each voting precinct in the county, or, in case of a municipal election, then the City Executive Committee shall prepare or cause to be prepared, at each voting place in the city or county, suitable rooms or booths, in sufficient numbers to accommodate the electors casting their ballots in said precinct or polling place and said rooms or booths shall be so arranged that the electors can not be observed by each other or from the outside of said room or booth while preparing or having their ballots prepared to be cast in said primary election. Secret ballots to be provided for. Sec. 2. Be it further enacted by the authority aforesaid, That, in all primary elections it shall be the duty of the county or City Executive Committee, or other proper authority of the political party holding the primary election, to provide official ballots for all such elections, with the names of all candidates who have properly qualified, in accordance with the rules of such party printed thereon; such names to be arranged on such ballots in alphabetical order as relates to candidates for the same office, said ballots to be numbered consecutively and bound together in blocks or pads in such manner that each ballot may be detached and removed separately. Each

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ballot shall have attached at the top thereof a stub, which may be easily detached, with a blank space for the name of the voter, and printed thereon a letter of the alphabet or some other designation, and a number, and the same designation and number shall be printed on the ballot itself; but a different designation and number shall be printed on the ballots used at the various polling places, so that the ballots at not two polling places, in the county or city, shall bear the same designation, and so that all the ballots used at any one polling place shall bear the same designation. The ballots shall be so arranged that the printed designation and number on the stub and on the ballot shall appear on the reverse side of the ballot, so that the voter, after he has prepared his ballot may fold the same and after folding, the managers may examine and compare the number and the designation on the ballot with the number and designation on the stub bearing the name of the particular voter, without exposing, inspecting, or disclosing the face of the ballot. Primary elections. Official ballots, regulations of. Ballots. On all ballots shall be printed such words as will enable the voter to express his choice, such as: Vote for two, and the like; and the voter shall erase, mark out or cancel the name or names of the candidate or candidates for whom he does not wish to vote. If at any time, the proper authorities of any political party shall submit to the member of such party any matter or question to be voted on, said authorities shall also have printed on said ballots the necessary language to guide the voter in the expression of his desire as to any such matter in question. Provided, however, that whenever any primary election for the nomination of a candidate for office, to be voted on throughout the entire county, only one candidate qualifies or the same number of candidates qualify, as there are offices to be filled, and there is no contest for such office, the County Executive Committee of the political party holding such primary, shall have the right to omit the name of such qualifying candidate or candidates from the ballot, and to formally and officially declare such

Page 585

qualifying candidate or candidates the duly and regularly nominated candidate or candidates for such office. At the top of such ballot as described above the words The Official (Democratic or such other party as may be holding said primary) Ballot. Further regulations. Sec. 3. Be it further enacted, That no candidate or other individual or person, shall be allowed to solicit votes within a distance of fifty (50) feet of the entrance to a polling precinct and only the number of electors or voters, shall be admitted to the polling place equal to the number of voting rooms or booths provided in said precinct or polling place; and after entering into said booth or room, no voter shall be allowed to enter into the same booth or room as may be at the time occupied by another, nor shall any one enter into any conversation with any party entering such room or booth; upon entering the room or booth provided for him, the voter shall be supplied with a copy of the Official Ballot, by the elections managers and the voter shall proceed at once to prepare his ballot, after which said ballot shall be deposited with the managers of said election. Soliciting votes. Conduct of voters. Sec. 4. Be it further enacted, that any voter or elector, who may be unable from any cause, to prepare his own ballot, shall have his ballot prepared by two of the election managers, according to the instructions of such voter, and that without comment or solicitation by or from such managers. Preparation of ballots. Sec. 5. Be it further enacted, That any election manager, whether primary, general or special, who may assist a voter in preparing his ballot, shall keep the ballot of such voter, in absolute confidence and secrecy, and all managers of such election and their clerks shall and must be sworn, legally, before entering upon their duties as managers and clerks, to conduct the same according to law, with fairness and impartiality to the candidates interested, and to preserve, inviolate, the secrecy and

Page 586

manner of the ballot, or for whom cast, the knowledge of which may be obtained by them holding such election. Secrecy required. Oath of managers and clerks. Sec. 6. Be it further enacted, That it shall be the duty of the managers of such election to be held, to employ a bailiff at each polling place in the county to see that the terms of this Act are properly complied with, and said bailiff shall have the same authority as is now or may hereafter be conferred upon the lawful constables of the State of Georgia, and in addition thereto, he shall be sworn to efficiently and faithfully without fear, favor, or affection, perform all the duties that may be incumbent upon him, by reason of his occupying such position as special bailiff to said election managers. Bailiff. Sec. 7. Be it further enacted, That no information in regard to the return of any election held in said county, or the ballot cast therein, shall be given out by any manager, clerk, bailiff or other person, until the polls shall have been closed on the day such election is held. Information of return. Sec. 8. Be it further enacted, That the parties or party authorities furnishing to the elections managers the ballots provided for in Section 2 of this Act, shall provide at least 30 per cent more ballots at each polling place than there are qualified voters, registered at such polling place, and shall also furnish all other election supplies required by law, such as blanks for list of voters, tally sheets, etc., all of which shall be furnished at the expense of the county or municipality, holding such elections; it shall be unlawful for any election official or party authority or printer to provide or furnish or deliver any ballot or ticket to any one other than a duly appointed manager or clerk of such election to be held, and it shall be unlawful for any manager, clerk, or other official to deliver any ballot or ticket to any person, other than a qualified voter, or elector, and not to him or them until he or they may apply for the same at the proper voting place for the purpose of voting the same. Ballots at polling places. Unlawful delivery.

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Sec. 9. Be it further enacted, That any person, no matter whom it may be, who knowingly or willfully violates any of the provisions of preceding sections of this Act, shall be guilty of a misdemeanor and upon conviction, shall be punished as is prescribed in Section 1065 of the Penal Code of 1910. Penalty. Sec. 10. Be it further enacted, That any manager, clerk, or other official engaged in any election of any kind or character, held in this county, who shall ask for or solicit vote of any voter or elector, in any such election in behalf of any candidate or candidates, while on duty as an official of said election, shall be guilty of a misdemeanor and upon conviction shall be punished as is prescribed in Section 1065 of the Penal Code of 1910. Soliciting. Penalty. Sec. 11. Be it further enacted, That any manager who may be called in by any voter or elector to aid or assist such voter or elector, in the preparation of his ballot, as provided in Section 4 of this Act, and who shall prepare or cause to be prepared the ticket or ballot of such voter or elector, in any way or manner different from the desire, instruction or directions as given to such manager by the voter or elector, shall be guilty of a misdemeanor, and upon conviction, shall be punished as prescribed in Section 1065 of the Penal Code of 1910. Other forbidden acts made penal. Sec. 12. Be it further enacted, by the authority aforesaid, That any manager, clerk or other person, upon whom a duty is imposed by this Act, who intentionally and wilfully fails or refuses to perform the same, shall be guilty of a misdemeanor and upon conviction shall be punished as is prescribed in Section 1065 of the Penal Code of 1910. Sec. 13. Be it further enacted, that no vote shall be counted for or in behalf of any candidate that does not bear the number and design as prescribed in Section 2 of this Act, nor shall any manager or clerk of such election count for any candidate any vote upon which more

Page 588

than the required number to be voted for, is left on said ballot. Votes excluded. Sec. 14. Be it further enacted, that nothing in this Act shall be construed as being in conflict with any of the laws now in existence, relative to the use of whiskey, money or other articles in intimidating or influencing voters. Existing laws. Sec. 15. Be it further enacted, That all managers of all elections held under this Act, shall be paid the sum of three ($3.00) dollars per day, and all clerks acting under said managers shall be paid the sum of two dollars and fifty cents ($2.50) per day for each and every day that they may be in service, they, the managers and clerks, to be furnished their dinner, and if necessary, their supper, during each day they serve as managers or clerks. Pay of managers and clerks. Sec. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 24, 1920. MITCHELL COUNTY TREASURER; SALARY. No. 389. An Act to amend an Act entitled an Act to provide for the payment of a salary to the Treasurer of Mitchell County in lieu of all commissions and fees for his services, etc. Sec. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act, entitled an Act to provide for the payment of a salary to the Treasurer of Mitchell County in lieu of all commissions and fees for his services and for other purposes, which Act was approved August 1st, 1918, be and the same is hereby amended by striking the

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word six after the word of and before the word Hundred in Section 1 of said Act, and inserting in lieu thereof the word twelve, so that when so amended said section will read as follows: That the compensation of said Treasurer of Mitchell County shall be a salary of twelve hundred dollars per annum, to be paid monthly out of the funds of the county, on a warrant of the Commissioner of said county, etc. as the original Act provided; it being understood and a part of this Act that this amendment is to become effective from and after the passage of this Act. Act of 1918 amended. Salary increased. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1920. MORGAN COMMISSIONERS; ACT AMENDED. No. 487. An Act to amend an Act approved August 13th, 1915, entitled, An Act to amend an Act approved February 11, 1874, entitled an Act to create a Board of County Commissioners for the County of Morgan, so as to make the members of said board elective by the people and not by the grand jury as now required, to provide for the division of said county into five districts and the election of one commissioner from each of said districts; to prescribe the terms of office of each commissioners; how vacancies shall be filled, and for other purposes, so as to make the said Board of County Commissioners elective by the grand jury of the County of Morgan and not by the people; to provide how vacancies on said board shall be filled, and for other purposes.

Page 590

Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section 1 of said amendatory Act approved August 13th, 1915, be and the same is hereby stricken, and the following be inserted in lieu of said Section 1 and become Section 1 of said Act, as follows to-wit: Act of 1915 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 the passage of this act the Board of County Commissioners for the County of Morgan shall be elected by the grand jury of the County of Morgan just the same as they were originally under the Act approved February 11th, 1874, and that said board shall not be elected by the people. New Sec. 1. Election by grand jury. Sec. 2. Be it further enacted by the authority aforesaid, That the present members of Board of County Commissioners of the County of Morgan shall hold their office until the term for which they respectively were elected has expired and until his or their successor or successors are qualified. Terms of office. Sec. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, Section 1-B of said amendatory Act, approved August 13th, 1915, be and the same is hereby stricken and the following be inserted in lieu of said Section 1-B and to become Section 1-B of said Act, as follows, to-wit: Section 1-B. One commissioner shall be elected from each of the divisions provided for in Section 1-A of said amendatory Act approved August 13th, 1915, by the next grand jury of the County of Morgan following the expiration of the term of office of each of such commissioners. The term of office for which each commissioner shall be elected as above provided shall be for four years and each commissioner so elected shall take his office and become qualified at the next regular meeting of said Board of County Commissioners after he shall

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have been elected by the grand jury of the County of Morgan. New Sec. 1-B. Election and term of office. Sec. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, Section 1-C of said amendatory Act approved August 13th, 1915, be and the same is hereby stricken and the following be inserted in lieu of said Section 1-C and to become Section 1-C of said Act, as follows, to-wit: Section 1-C. All vacancies on said Board of County Commissioners caused by death, resignation or otherwise, shall be filled by the remaining members of said board by electing some one to fill such vacancy only until the next grand jury of the County of Morgan shall convene and then said grand jury shall elect some one to fill the remainder of the unexpired term caused by such vacancy. New Sec. 1-C. Vacancies. 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, 1920. MORGAN COUNTY TREASURER'S SALARY. No. 493. An Act to amend Section 1 of an Act entited An Act to fix the salary of Treasurer of Morgan County, and for other purposes, approved August 17th, 1917, so that the salary of the Treasurer of Morgan County will be $500.00 per annum instead of $25.00 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 same, That from and after the passage of this Act line three and line five of Section 1 of An Act to fix the salary of treasurer of Morgan County, and

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for other purposes, be and the same is hereby amended by striking from line three of said section the figures 1918 and inserting in lieu thereof the figures 1921, and also by striking from line five of said section the figures and words $25.00 per month, and inserting in lieu thereof the figures and words $500.00 per annum, so that said Section 1, when so amended, shall read as follows: Act of 1917 amended. 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, 1921, the Treasurer of Morgan County shall receive from the general funds of said county a salary of $500.00 per annum in lieu of the fees now allowed by law. Sec. 2. Be it further enacted by the authority aforesaid, That said salary of $500.00 per annum shall be payable each year as follows: $125.00 on April 1st, $125.00 July 1st, $125.00 on October 1st, and $125.00 on January 1st. Salary increased; payable quarterly. Sec. 3. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to change or in any way affect the present law or system of paying the Treasurer of Morgan County until January 1st, 1921. Effective Jan. 1, 1921. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1920.

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OCONEE COUNTY; ORDINARY TO ACT AS TREASURER. No. 583. An Act to amend an Act entitled an Act to abolish the office of County Treasurer of Oconee County, Georgia, and for other purposes, approved August 18, 1919. Section 1. Be it enacted by the General Assembly of Gorgia, and it is hereby enacted by the authority of the same, That Sections 2-11, both inclusive, of an Act entitled an Act to abolish the office of County Treasurer of Oconee County, Georgia, and for other purposes, approved August 18, 1919, be and the same are hereby repealed and the following sections be and the same are hereby substituted for the same. Act of 1919 amended. Sec. 2. Be it further enacted by the authority aforesaid, That from and after January 1st, 1921, the Ordinary of the County of Oconee in the State of Georgia, shall act as County Treasurer of said county and shall perform all the duties of said office of County Treasurer under the same rules and regulations as set forth in the laws of this State except as hereinafter provided for. Ordinary's duty. Sec. 3. Be it further enacted by the authority aforesaid, That for the faithful performance of the duties of County Treasurer as set forth in Section 2 of this Act the said Ordinary shall receive a salary of three hundred ($300.00) dollars per annum. Salary. Sec. 4. Be it further enacted by the authority aforesaid, That the said Ordinary shall make bond for the faithful performance of the duties as County Treasurer of the County of Oconee in such sum as the County Commissioners of said county shall determine; provided that said bond shall not be for a less sum than fifteen thousand ($15,000.00) dollars and provided also that the cost for making such bond shall be paid by the County Commissioners of the County of Oconee and shall not be

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deducted from the salary of the Ordinary as set forth in Section 3 of this Act. Bond. Cost. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920. OGLETHORPE COMMISSIONER'S TERM AND SALARY. No. 569. An Act to amend an Act approved August 15, 1904, creating the office of Commissioner of Roads and Revenues for Oglethorpe County; prescribing the term of office of said Commissioner, and also to amend an Act approved August 18, 1919, amendatory of said Act of August 15, 1904, prescribing the salary of said Commissioner. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the term of office of Commissioner of Roads and Revenues for Oglethorpe County shall be for four years instead of two years as provided in Section 1 of said Act of 1904, and that said Commissioner shall be elected quadrennially instead of biennially as provided in Section 1 of said Act of 1904. Acts of 1904 and 1919 to be amended. Election and term of office. Sec. 2. Be it further enacted by the authority aforesaid, That subdivision (a) of Section 1 of an Act approved August 18, 1919, amendatory of an Act approved August 18, 1919, amendatory of an Act approved August 15, 1904, creating the office of Commissioner of Roads and Revenues for Oglethorpe County, be and the same is hereby amended by striking from the sixth line of said subdivision (a) the words and figures, to-wit:

Page 595

One hundred and twenty-five dollars per month, and inserting in lieu thereof the following words and figures, to-wit: Two thousand dollars per annum. Be it further amended by striking all of the seventh line of said subdivision (a) and inserting in lieu thereof the following: To be paid monthly in twelve equal monthly installments, so that said subdivision (a) of Section 1 of said Act shall be and read as follows, to-wit: (a) That said Commissioner shall receive for his compensation to be paid out of the county treasury a salary of two thousand dollars per annum to be paid in twelve equal monthly installments; provided, that the provisions of this Act shall not go into effect until Jan. 1, 1921. Salary increased; payable monthly. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1920. PAULDING BOARD OF COMMISSIONERS ABOLISHED. No. 603. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues of the County of Paulding, approved August 16, 1915; to provide for the Ordinary of said county to take charge of the roads and revenues of said county on January first nineteen hundred and twenty-one; to require said Ordinary to employ a competent road superintendent, fix his compensation, to prescribe his qualifications and duties; to require the grand jury of said county to inquire into the official conduct and acts of said Ordinary and superintendent of roads, with the right to have said superintendent of roads discharged upon a recommendation of two-thirds of

Page 596

said grand jury sitting at the regular February and August terms of Paulding Superior Court; to provide that this Act shall become operative and go into effect on January 1st, 1921, 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 create a Board of Commissioners of Roads and Revenues of the County of Paulding, to define their duties and powers, fix their compensation, and for other purposes, approved August 16th, 1915, be and the same is hereby repealed. Act of 1915 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all unfinished business pending before the Board of Commissioners of Roads and Revenues of said Paulding County on January 1st, 1921, together with all papers, records and other road and county property of said county, shall be by the present Board of Commissioners of said county turned over to the Ordinary of said county. Business, records, etc., go to Ordinary. Sec. 3. Be it further enacted by the authority aforesaid, That from and after the 1st day of January, 1921, the Ordinary of said Paulding County is hereby authorized and empowered to take charge of all the public roads, bridges and other public works, together with all the property then owned or controlled by Paulding County, and to perform such duties as has heretofore been performed by the Board of Commissioners of Roads and Revenues of said county. Authority and duty. Sec. 4. Be it further enacted by the authority aforesaid, That the Ordinary of said Paulding County shall be required to employ a competent road superintendent at an annual salary not to exceed $2,400.00 per annum, payable monthly. The said superintendent of roads shall be directly under the supervision of said Ordinary and shall be responsible to him for all his acts and doings. Road superintendent. Salary. Sec. 5. Be it further enacted by the authority aforesaid, That said superintendent of roads shall devote his

Page 597

entire time to the roads, bridges and other public works of said county, subject only to the supervision of the Ordinary of said county who shall have the right to discharge the said superintendent of roads at any time for malfeasance, inefficiency, or for any other cause when the said Ordinary deems it to the best interest of the county. Duty. Supervision. Sec. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of the grand jury, sitting at the regular February and August terms of the Superior Court of said county in each year to inquire into the official conduct and acts of said Ordinary and superintendent of roads, and shall make presentment of their findings to the Court which shall be spread upon the minutes. If any grand jury shall find that, by two-thirds vote, that the management of the superintendent of roads has been wasteful, inefficient, or that his supervision of the roads has not been to the best interest of the county, said grand jury may, by a two-thirds vote, recommend the discharge of said superintendent of roads, and the Ordinary shall forthwith discharge said superintendent of roads, provided, however, that the said Ordinary shall give said superintendent of roads notice of the recommendation of said grand jury for his discharge ten days prior to discharging said superintendent of roads. Grand jury's duty. Discharge of superintendent. Sec. 7. Be it further enacted by the authority aforesaid, That the provisions of this Act shall become operative and go into effect January 1st, 1921. Effective Jan. 1, 1921. Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920.

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PICKENS COMMISSIONER'S OFFICE CREATED. No. 731. An Act to create the office of Commissioner of Roads and Revenues of Pickens County; to provide for his election or appointment, and qualification; define his powers and duties; provide for filling vacancies which may occur, fix his salary, 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. The office of Commissioner of Roads and Revenues in and for the County of Pickens to consist of one member, is hereby created. The said Commissioner shall hold office for a term of four years from January 1, 1921. Such Commissioner to be elected and appointed by the Governor of the State for the term of four years and thereafter his successor shall be elected by the people at the general election preceding the expiration of his term of office for a term of four years. Term of office. Appointment and election. Sec. 2. All persons eligible to hold other county offices shall be eligible to hold the office of Commissioner of Roads and Revenues of said county. Should a vacancy occur in said office by death, resignation or otherwise, the same shall be filled by appointment by the Governor, selecting some proper and suitable person to fill said vacancy for the balance of the term of the retiring Commissioner. In each case as above, whether by appointment or elected, shall after taking the required oath and giving bond as herein provided, take and hold said office until his successor is elected and qualified. Eligibility. Vacancy. Sec. 3. That the Commissioner elected, as herein provided, shall be commissioned by the Governor for the term of office for which he is elected and before entering upon the discharge of his duties shall subscribe to

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the oath before the Ordinary of said county required by law for county officers, and shall give bond with good security to be approved by Ordinary of said county, payable to the Governor and Ordinary and their successors, which security shall be given in two separate bonds; one bond to be payable to the Governor and his successors in office in the sum of $10,000.00, and the other to be payable to the Ordinary of said county and his successors in office, in the sum of $10,000.00 conditional for the faithful performance of his duties as such Commissioner, which bond when approved by said Ordinary, shall be by him recorded in the official bonds kept by him in his office. This bond shall be given in some good solvent surety company, the premium on which shall be paid out of said county. Commissioned by Governor. Bond. Premium. Sec. 4. That said Commissioner of Roads and Revenues shall hold a regular court for the transaction of public business pertaining to the county matters, the same to be held in the court house in said county in which the office of the clerk of said court or Commissioner's office shall be located and kept open in the same manner as other county offices, on the first Tuesday in each month of the year, provided that said Commissioner may hold sessions at any time he may deem proper or be called by him for the transaction of county matters, and said Commissioner shall be authorized to administer oaths and hear testimony as to all matters over which he has jurisdiction, and when sitting as a court shall have power to punish for contempt under the same rules and regulations as are provided for other courts. Court sessions. Testimony. Contempts. Sec. 5. That the Commissioner shall keep in order the minutes of all transactions of the office, file and keep in order of their date all original orders and papers, petitions, applications, and other papers, addressed to the Commissioner concerning county business. The Commissioner shall also keep on record and in a separate book the payment of all money out of the county treasury or of county depository by order of the Commissioner,

Page 600

giving the amount and date of said such payments, and the persons to whom paid and for what purposes paid. Said Commissioner shall also keep a book showing a full and detailed statement of all accounts or other indebtedness contracted by the Commissioner. All the books, files and records required to be used or kept in the office of the Commissioner of Roads and Revenues shall always be ready and open to inspection of any tax payer of the county. Minutes, records, files, etc. Sec. 6. That said Commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $1,800 per annum for his services, to be paid monthly at the end of each month's services. Salary. Sec. 7. That said Commissioner shall have exclusive jurisdiction and control over the following matters, to-wit: In controling all of the property belonging to said county as he may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in said county; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management or disbursement of county funds; in providing for the poor of the county, and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine tax digest of said county; for the correction of errors; in regulating or fixing fees, as may be provided by the law; in maintaining the county chaingang on the public roads or public works of the county as provided by law, such as superintendents, wardens, guards of convicts and district road overseers; in fixing the amount of commutation tax or the number of days work to be performed in lieu of said tax, and fixing the per diem of road overseers as said Commissioner Board may deem best for the interest of the county; in fixing the time when said commutation tax shall be paid or the work performed, in trying road defaulters in accordance with the law; and to have and to exercise all

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the power 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 may be indispensable to his jurisdiction over county matters and county finances. Jurisdiction, matters within. Sec. 8. That the treasurer of Pickens county or depository of said county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved and signed by the Commissioner himself; provided this shall not apply to the jury scrip issued by the Clerk of the Superior Court and orders drawn by the Judge of the Superior Court and Solicitor-General. It shall be the duty of the Ordinary of the said county to deliver to the said Commissioner all books and papers held by him relating to jurisdiction and powers herein conferred upon said Commissioner. Approval of payments. Ordinary's duty. Sec. 9. That it shall be the duty of the said Commissioner to prepare and submit a report to the grand jury at both spring and fall term of the Superior Court of Pickens County, and said report shall show the exact ad valorem road taxes collected from each Militia District of said county, and the per capita road tax collected in each Militia District; also taxes collected for building and repairing bridges, and he shall show an itemized statement of all receipts and expenditures, and the course from whence received, and from whom received, and to whom paid and for what purpose same was expended and the vouchers therefor and also the number and names of parties to whom paid, with correct itemized amounts so received and paid out. Such reports shall show the number and full individual names of each and every person in each and every separate Militia District, who are subject to road duty in said several Militia Districts in said county, which said report or books show who have paid time on the road. Reports to grand jury Sec. 10. That it shall be the duty of said Commissioner, immediately after each term of the Superior Court

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of said county, to have published in the newspaper in which the county advertising is done a full and complete itemized statement of the county finances (same to be paid for out of the county treasury) for advertising. Financial statement. Sec. 11. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. POLK COMMISSIONERS; AMENDING ACT. No. 633. An Act to amend an Act approved August 19th, 1919, creating a Board of Commissioners of Roads and Revenues in and for the County of Polk, and for other purposes, by striking from Section 8 of said Act the words and figures one hundred ($100.00) dollars, and by inserting in lieu thereof the words two hundred ($200.00) dollars, and by striking from said Section 8 the words and figures seventy-five ($75.00), and inserting in lieu thereof the words one hundred dollars, and by striking from said section of said Act the words and figures four ($4.00) dollars, and by inserting in lieu thereof the words five dollars; also by striking from Section 10 of said Act the words not to exceed two thousand dollars, and by inserting in lieu thereof the words not to exceed three thousand dollars, 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 an Act approved August 19th, 1919, creating a Board of Commissioners of Roads and Revenues in and for the County of Polk, and for other purposes, be and same is hereby amended by striking from Section 8 of said Act the words and figures one hundred ($100.00) dollars, and by inserting in lieu thereof the words two

Page 603

hundred dollars; and by striing from said Section 8 the words and figures seventy-five ($75.00) dollars, and by inserting in lieu thereof the words one hundred dollars; and by striking from said Section 8 of said Act the words and figures four ($4.00) dollars, and by inserting in lieu thereof the words five dollars, so that said section will read, when so amended, as follows: Act of 1919 amended. Section 8. Be it further enacted, That the Chairman of said Board shall receive an annual salary of two hundred dollars and each of the other Commissioners a salary of one hundred dollars per annum, to cover all services in connection with the regular and special meetings of said Board. In addition thereto, each Commissioner shall receive compensation at the rate of five dollars per day for actual services rendered in the inspection, supervision and direction of work on the roads and bridges and in discharging the duties in regard thereto imposed by law and absolutely necessary to obtain the very best results for the county. At the regular meeting in each month each Commissioner shall furnish the clerk of said Board an itemized statement showing the date and the amount of services rendered by him for the previous month, which statement shall be certified by the oath of such Commissioner, and upon approval by the Board he shall be paid therefor from the county treasury in the same manner as other expenses of the county are paid. Salary of Chairman of Board. Commissioners' pay. Itemized statements. Sec. 2. Be it further enacted by the authority aforesaid, That Section 10 of said Act be and the same is hereby amended by striking therefrom the words not to exceed two thousand dollars, and by inserting in lieu thereof the words not to exceed three thousand dollars, so that said section shall read, when amended, as follows: Section 10. Be it further enacted by the authority aforesaid, That the Board of Commissioners may, in their discretion, and when they deem it necessary, elect

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a superintendent of roads and bridges to be selected on account of his efficiency, knowledge and skill in practical road building, preference to be given to a civil engineer when he fully measures up to the other requirements. The superintendent shall not engage in any other business, trade or calling during his term of service. Such superintendent shall have charge of laying out, building, repairing, improving and maintaining the public roads and bridges of the county under the orders of the Board of Commissioners. He shall be subject to the orders of the Board and may be removed from office for inefficiency or neglect of duty in the judgment of the Board of Commissioners. In case of a bond issue in and for said county, for the purpose of building permanent roads in said county, it shall be the duty of the Commissioners to employ such superintendent during the main construction of such roads in said county. Such superintendent shall, before entering upon his duties, give bond with good security, to be approved by the Commissioners, in the sum of three thousand dollars, payable to the Board of Commissioners of Roads and Revenues for Polk County, conditioned for the faithful performance of his duties as such superintendent, which bond may be enforced by suit in favor of the Board of Commissioners of Roads and Revenues of said county, on their own motion, or by request or direction of the grand jury of said county. He shall receive such salary as may be fixed by the Board of Commissioners not to exceed three thousand dollars, but his term of office or service shall be such as may be fixed by the Board at the time of his employment or election, but in no event shall his term of office or service extend beyond the expiration of the term of office of the Board employing him. His salary shall be paid pro rata monthly. Salary of superintendent of roads and bridges. 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 14, 1920.

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PULASKI COUNTY TREASURER'S SALARY. No. 599. An Act to amend an Act fixing the salary of the treasurer of Pulaski County, Georgia, approved August 19, 1916. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That an Act fixing the salary of the treasurer of Pulaski County, Georgia, approved August 19, 1916, be and the same is hereby amended by striking the figures $350.00. wherever they occur in said Act and inserting in lieu thereof the words five hundred dollars, this Act to become effective upon its approval. Salary increased. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920. QUITMAN COUNTY; COST PAYMENTS IN CERTAIN CASES. No. 472. An Act to authorize the Board of Roads and Revenues of Quitman County to pay certain officers of the County Court of Quitman County and certain officers of the Superior Court of Quitman County all their costs in certain misdemeanor cases, 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 Board of Roads and Revenues for Quitman County shall pay to the Clerk, the Sheriff, the Judge of the County Court, the arresting officer, the officer issuing the warrant, the committing

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magistrate, their costs in all cases of conviction where the defendant is sentenced to work upon the public roads of Quitman County in the chaingang of said county, at the time he begins serving his sentence thereon. Payment of costs on convictions. Sec. 2. Be it further enacted by the authority aforesaid, That in all cases where the fine of a convict is paid after he begins serving his sentence that all money paid to officers as costs shall be by them refunded to the Board of Roads and Revenues of Quitman County. Refund on payment of fine. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1920. RICHMOND COMMISSIONERS; ACT AMENDED. No. 724. An Act to amend An Act to amend an Act approved August 19, 1907, entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Richmond, to define their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That an Act to amend an Act approved August 19, 1907, entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Richmond, to define their powers and duties, and for other purposes, approved August 17, 1918, be amended by striking from the tenth and eleventh lines of Section 1 thereof the words twenty-one hundred dollars per annum, payable monthly, and inserting in lieu thereof the words twenty-five hundred dollars per annum, payable monthly, so that said section of said Act, when so amended, shall read as follows: Act of 1918 amended.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That an Act of the General Assembly approved August 19, 1907, entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Richmond; to define their powers and duties and for other purposes, be amended by striking from the twelfth and thirteenth lines of Section 6 thereof the words Fifteen hundred dollars per annum, payable monthly, and inserting in lieu thereof the words Twenty-five hundred dollars per annum, payable monthly. This Act to take effect on and from the first day of the calendar month next succeeding its approval by the Governor, so that said section of said Act when amended shall read as follows: Be it further enacted, That said Board of Commissioners shall have the power and authority to elect a clerk, who shall have an office at the courthouse, and observe from 9:00 a. m. to 2 p. m., and from 3:30 to 5:00 p. m., as his office hours; said clerk shall keep minutes of the proceedings of said board and perform such other clerical work as the board may require. He shall have authority to administer oaths; said clerk shall be elected for the term of two years, subject to removal at the pleasure of the board. He shall give bond in the sum of two thousand dollars payable to said board and its successors in office, for the faithful performance of his duties as clerk. Said clerk shall receive as compensation the sum of twenty-five hundred dollars per annum, payable monthly. This Act, to take effect on and from the first day of the calender month next succeeding its approval by the Governor. To be read. Salary of clerk of Commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920.

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RICHMOND COUNTY TREASURER'S CLERK. No. 693. An Act to empower the Treasurer of Richmond County to employ a clerk, to fix the compensation of said clerk and to authorize the Commissioners of Richmond County to pay his salary out of the general funds of the county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That it shall and may be lawful for the county Treasurer of Richmond County, and he is hereby empowered, to employ a clerk to be appointed and removable by him, and such clerk shall receive an annual salary of one thousand ($1,000.00) dollars out of the general funds of the County of Richmond. Clerk to county treasurer. Salary. Sec. 2. Be it further enacted, That the said compensation of the said clerk shall be paid monthly by order of the Commissioners of Richmond County on the County Treasurer, on bills for such salary, to be duly audited by said Commissioners. Sec. 3. Be it further enacted, That all laws and parts of laws conflicting with this Act be and the same are hereby repealed. Approved August 16, 1920. RICHMOND SCHOOL BONDS. No. 735. An Act to authorize the County Board of Education of Richmond County to issue five hundred thousand dollars of bonds for the purpose of erecting and equipping schoolhouses in the rural districts of the County of Richmond and at such points in the City of Augusta, as the board may deem best, after said proposed issue

Page 609

of bonds has been approved at an election to be held as provided by law. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the County Board of Education of Richmond County, the same being one of the county authorities of Richmond County, is hereby authorized to issue and sell five hundred thousand dollars of coupon bonds of said county for the purpose of erecting and equipping schoolhouses in the rural districts of the County of Richmond, and at such points in the City of Augusta, as the board may deem best. $500,000 coupon bonds. Sec. 2. Be it likewise enacted, That said issue of bonds shall consist of five hundred separate bonds of the par value of one thousand dollars each, with interest not exceeding six per cent per annum, payable semi-annually, for which interest coupons are to be attached. Denomination. Rate of interest. The principal of twenty of said bonds shall fall due at the end of each successive year from the date of issue, so that the last twenty of the series shall fall due at the expiration of twenty-five years from the date of issue. Principal, when due. The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fairness, at any designated bank in the United States. Payable in gold. Sec. 3. Be it likewise enacted, That before said bonds shall be issued, two conditions precedent must be complied with, to-wit: Conditions. (1) The proposed issue of bonds must be assented to by two-thirds of the qualified voters of Richmond County, at an election to be called and conducted by the Board of Commissioners of Roads and Revenues of Richmond County, on the same date as the general State election in 1920, and as prescribed in Sections 440, 441, and 442 of the Code of 1910. Election by the people. (2) Provision must be made by the County Board of Education of Richmond County for the assessment and

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collection of an annual tax sufficient to pay the principal and interest falling due each year, in the same general manner that said Board of Education assesses and collects its other revenues for annual expenses and maintenance; said provision for said annual tax may be made by action of said Board of Education at any regular or called meeting subsequent to the date of the election at which the issuance of the bonds has been legally assented to. Annual tax. Sec. 4. Be it likewise enacted, That said County Board of Education of Richmond County shall have full power to determine all matters of detail concerning the issuing and selling of said bonds not specifically prescribed by this Act or other existing laws. Details. Sec. 5. Be it likewise enacted, That said bonds shall be validated as provided in Sections 445, 446, 447, 448, 449, 450 and 451 of the Code of 1910. Validation. Sec. 6. Be it likewise enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 16, 1920. SEMINOLE BOARD OF COMMISSIONERS CREATED. No. 729. An Act to establish a Board of Commissioners of Roads and Revenues for the County of Seminole, to provide for the manner of their election, to define their powers and duties and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after January 1st, 1921, there shall be established a Board of Commissioners of Roads and Revenues for the County of Seminole, to consist of the following named five persons, to-wit, J. L. Dickenson, W. W.

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Gibson, G. W. Hagan, P. L. Morris and L. R. Robinson, whose terms of office shall expire January 1st, 1923, or as soon thereafter as their successors are elected and qualified, as is hereinafter provided. Members of Board designated. Sec. 2. Be it further enacted, That said named Commissioners, as soon after entering upon the official discharge of their duties as possible, be, and they are hereby authorized and empowered to lay out the county into five districts, making the same as near as possible in point of population, making the boundary lines of said districts certain and definite, and to number said districts and enter a description thereof, with the number of each, on their minutes, which districts so laid out shall be known as Commissioner's Districts, said board, or its successors, shall have authority to change the lines of said districts whenever such change shall appear to them to be for the best interest of the county. Commissioners' districts. Sec. 3. Be it further enacted by the authority aforesaid, That at the general election to be held in said county in 1922, or, if no general election is held, then at a special election to be called and held for this purpose, there shall be elected five commissioners, one of each to be a bonafide resident of one of each of the Commissioner's districts of said county. The Commissioner from the First and Second Districts shall hold office for the term of two years after January, 1923, and the Commissioners elected from the Third, Fourth and Fifth Districts shall hold office for the term of four years from January 1st, 1923. The successors of said elected Commissioners and all future Commissioners, shall hold office for the term of four years. No person shall be elected Commissioners except those who are freeholders, qualified voters and residents of said county. Before entering upon their duties all Commissioners of said county shall take an oath to faithfully perform the duties of Commissioners under this Act and the Constitution and laws of Georgia, which oath shall be recorded in the office of the Ordinary of the county, and said Commissioners shall then be duly commissioned

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by the Governor of the State. The members of the Board of such Commissioners shall receive as compensation for their services the sum of $3.00 per day for each day spent in the discharge of the duties of their office. Any vacancy on said board occurring by death, resignation or disqualification shall be filled by appointment by the remaining members of the board; such appointee shall qualify and hold office for the remainder of the time of the one whom he shall succeed. The members of said board shall, upon organization, elect from their number a chairman who shall preside and act as such during the remainder of his term of office. Election. Terms of office. Oath. Pay. Vacancy. Chairman. Sec. 4. Be it further enacted by the authority aforesaid, That said Commissionrs shall be exempt from military, road or jury duty. Exemptions. Sec. 5. Be it further enacted by the authority aforesaid, That said Commissioners shall employ a clerk upon such compensation as they may see fit to pay him and for such term of office as they may decide upon. It shall be the duty of said clerk to keep the minutes and records of all proceedings of said Commissioners, and to discharge such other and further duties as the Commissioners may prescribe. Said clerk shall take a like oath to that prescribed for the Commissioners, which shall be filed with the Ordinary of said county. Clerk. Duty. Oath. Sec. 6. Be it further enacted, That said Commissioners shall have the right to employ an attorney at law to be known as the County Attorney, and it shall be the duty of such County Attorney to represent the county in all legal matters in which said county may be interested or concerned; and he shall be the legal adviser of said board and shall attend the meetings of said board when requested. Such attorney shall receive as compensation for his services such sum as may be agreed upon by him and said board. County attorney. Sec. 7. Be it further enacted by the authority aforesaid, That said Commissioners shall hold a monthly session

Page 613

on the first Tuesday in each month at the county seat, and may hold other and further sessions at such time or times as they may deem it necessary for county purposes. Sessions. Sec. 8. Be it further enacted by the authority aforesaid, That what is known as the alternative road law, as embraced in Sections 694 to 704 inclusive of the Code of 1910, shall be effective in said county and enforceable by said Board of Commissioners. Road law. Sec. 9. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have exclusive jurisdiction and control over the following matters, to-wit: In managing and controlling all property of the county as they may deem it for the best interest for the county according to law; in levying general taxes for general purposes and special taxes for special purposes, according to law, in establishing, maintaining or abolishing all roads, bridges and ferries, according to law; in establishing or abolishing or changing election precincts or militia districts; in supervising the books of the tax collector and tax receiver; in allowing insolvent lists of the county; in having an accounting with all county officers charged with receipt and disbursement of county funds, and bringing them to a settlement; in establishing or abolishing or changing election precincts or militia districts; in supervising the books of the tax collector and tax receiver; in allowing insolvent lists of the county; in having an accounting with all county officers charged with receipt and disbursement of county funds, and bringing them to a settlement; in providing for the paupers of the county; and for the promotion of the health of the county, in accordance with law; in examining the tax digests of the county and the correction of errors therein; in regulating and fixing license fees as may be provided by law; in supplying by appointment all vacancies in county offices and ordering elections to fill the same; in examining, settling and allowing all claims against the county; in establishing, maintaining

Page 614

and working the chaingang on the public roads and bridges of said county, as provided by law; in electing and appointing all officers and employees of said county, whose election is not provided for by law, and in fixing their duties and compensation, and in making all rules and regulations covering the scope and duty of such officers and employes; in fixing a commutation road tax, or the number of days of work in lieu thereof, according to law, and in trying and punishing road defaulters; and in general to have and exercise all the powers heretofore vested by law in the Ordinaries of the counties of Georgia when sitting for county purposes, and to exercise all other such powers as are granted by law, or as may be indispensible to their jurisdiction over county matters or county finances, including the power to administer oaths, subpoena witnesses and punish for contempt. Said Board of Commissioners shall also have authority to levy a tax, or use the proceeds of any sale of legally authorized bonds of the county; to procure a site or sites an derect thereon a courthouse and jail. Said board shall have the authority to selcet said site or sites as in their discretion may seem suitable for said purposes, and acquire the same for the county by purchase or gift, and erect thereon said courthouse or jail. Jurisdiction, matters within. Sec. 10. Be it further enacted by the authority aforesaid, That a majority of said Commissioners shall constitute a quorum, which shall be necessary to pass any orders or transact any business. Said board shall elect a chairman pro tem, who shall preside in the absence of the chairman. Quorum of Board. 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 16, 1920.

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SPALDING COMMISSIONERS' SALARIES FIXED. No. 425. An Act to amend Section 1 of an Act of the General Assembly approved August 9th, 1906, fixing the salaries of the Commissioners of Roads and Revenues of Spalding County, Georgia, by striking out the words Each Commissioner shall receive two hundred dollars in full for his services, and substituting therefor the words The chairman of the board shall receive five hundred dollars per annum for his services and the other Commissioners shall receive four hundred dollars per annum in full for their services. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same that Section 1 of an Act of the General Assembly approved August 9th, 1906, (Georgia Laws 1906, pages 447 and 448), fixing the salaries of the Commissioners of Roads and Revenues of Spalding County, Georgia, be amended by striking from said section the words, Each Commissioner shall receive two hundred dollars and substituting therefor the words, The chairman of the board shall receive five hundred dollars per annum in full for his services and the other Commissioners shall receive four hundred dollars per annum in full for their services. So that said section as amended shall read as follows: Act of 1906 amended. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the chairman of the Board of Commissioners of Spalding County, Georgia, shall receive five hundred dollars per annum in full for his services and that the other Commissioners of Roads and Revenues of said county shall receive four hundred dollars per annum in full for their services. To be read. Salaries increased.

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Sec. 2. Be it further enacted by the General Assembly that all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 26, 1920. SPALDING COMMISSIONERS' DEED AUTHORIZED. No. 407. An Act to authorize the Commissioners of Roads and Revenues of Spalding County, Georgia, to deed to H. R. McClatchy, T. H. Robertson, J. H. Dozier for the commission of the Robert. T. Daniel Memorial Orphans' Home, the following described property, belonging to Spalding County, to-wit: 8.07 acres of land being part of the present county farm, located on the south side of the public road leading from Griffin to Williamson, Georgia, and being all of the property owned by said county south of said public road in Orrs District, said county, and bounded on the east by lands of Mrs. Dr. N. B. Drewry, north and west by said public road and south by H. P. Eady, in consideration of 16.14 acres of land adjoining said county farm north of said public road, and known as H. P. Eady place. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the Commissioners of Roads and Revenues of Spalding County, Georgia, are authorized to deed to H. R. McClatchy, T. H. Robertson, J. H. Dozier, for the commission of the Robert T. Daniel Memorial Orphans Home, the following described property, belongnig to said county, to-wit: Eight and seven one-hundredths acres of land, being part of the present county farm, located on the

Page 617

south side of the public road leading from Griffin to Williamson, Georgia, and being all of the property owned by said county south of said public road, in Orrs District of said county, bounded on the east by lands of Mrs. Dr. N. B. Drewry, north and west by said public road, south by H. P. Eady, and said deed is to be executed and delivered by Spalding County in consideration of a deed to be made to said county to sixteen and fourteen one-hundredths acres of land adjoining the property of said county, north of said public road and known as part of H. P. Eady farm. Conveyance in exchange of lands. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 24, 1920. STEWART COMMISSIONERS; ACT AMENDED. No. 416. An Act to amend an Act to provide for holding monthly sessions of Board of Commissioners of Roads and Reveniues of Stewart, and to fix the time of meeting of said Board of Commissioners of Roads and Revenues of Stewart County on the second Tuesday of each month in the year; and to provide for call meetings of said board in certain instances, and to provide for increasing the pay of the Ordinary and ex-officio clerk of said board, and to fix the salary of services of said clerk at twenty-five ($25) dollars per month and for other purposes, approved August 7th, 1913; by striking from lines five, six, seven and eight of Section 2 of the same the following: The sum of twenty-five ($25.00) dollars for each month of the year and to be paid monthly, and in no event shall the clerk of said board be paid more than three hundred ($300.00) dollars for such services during any calendar year, and insert in lieu thereof the following: The sum of

Page 618

forty-one dollars and sixty-six and two-thirds cents ($41.66 2-3) for each month of the year and to be paid monthly and in no event shall the clerk of said board be paid more than five hundred ($500.00) dollars for such service during any calendar year. Section 1. 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 Acts fixing the sessions of the Board of Commissioners of Stewart County, and the Acts amendatory thereof be, and the same are, hereby amended as follows, to-wit: By striking from lines five, six, seven and eight of Section 2 on page 438 of the Acts of 1913 the following: The sum of twenty-five ($25.00) dollars for each month of the year and to be paid not more than three hundred ($300.00) dollars for such services during any calendar year, and inserting in lieu thereof the following: The sum of forty-one dollars and sixty-six and two-thirds cents ($41.66 2-3) for each month of the year and to be paid monthly, and in no event shall the clerk of said board be paid more than five hundred ($500.00) dollars for such service during any calendar year, so that the said Act shall read as follows: Be it further enacted by the authority aforesaid, That the Ordinary and ex-officio clerk of said Board of Commissioners of Roads and Revenues of Stewart County shall be paid a salary for his services as clerk of said board the sum of forty-one dollars and sixty-six and two-thirds cents ($41.66 2-3) for each month of the year and to be paid monthly, and in no event shall the clerk of said board be paid more than five hundred ($500.00) dollars for such service during any calendar year. Act of 1913 amended. Clerk's pay 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 July 24, 1920.

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TATTNALL COMMUTATION ROAD TAX. No. 711. An Act to amend an Act approved August 15, 1916, and to be found on page 502 of said Acts, which Act was an Act to amend an Act approved July 31, 1915, created a road law for the County of Tattnall, and to amend said Act of 1916, so as to provide for the payment of ten cents on the dollar for collecting the commutation road tax of 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, Section 3 of the Act of 1916, to be found on page 502 of said Act, is hereby amended by striking from line 8, of said Section 3 of said Act, the word five and insert in lieu of the same the word ten, so that the Commissioners of Roads and Revenues of the County of Tattnall shall be authorized to pay to all collectors of the commutation road tax of said county a fee or commission of ten per cent on the dollar of all money collected by them. This Act is not intended in any way to affect the road law for the County of Tattnall as passed in 1915 or the amendment thereto as passed in 1916, except to change the per cent. on the dollar for collecting said road tax from five per cent. to ten per cent. on the dollar. Act of 1916 amended. Ten per collectors of cent. fee to road tax. 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, 1920.

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TELFAIR BOND COMMISSION CREATED. No. 700. An Act to amend an Act to create the office of Commissioner of Roads and Revenues for Telfair County, etc., Act 1916, page 508, so as to provide for a Bond Commission for Telfair County; to provide for the membership of said Commission; the term of office of the members thereof, and their compensation; to define the duties and powers of said Commission, 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 Telfair County, etc., Act 1916, page 508, be and the same is hereby amended to the extent and in the particulars hereinafter mentioned and wherein the said Act may be in conflict with the provisions of this Act. Act of 1916 amended. Sec. 2. That there is hereby created for Telfair County a Board of Commissioners of Roads and Revenues to be composed of the Commissioner of Roads and Revenues of said county holding under said Act of 1916 and his successors in office and thirteen additional members to be known as Telfair County Bond Commission. Bond Commission. Sec. 3. That the Commissioner of Roads and Revenues of Telfair County shall be ex-officio a member of said Bond Commission and shall be Chairman thereof. In addition to the Chairman there shall be one member of said Bond Commission from each Militia District of said county and the first Bond Commissioner from each district shall be the persons designated for the several districts of said county, as follows, to-wit: T. E. Redmon, from Helena District; L. P. Rawlins, from Milan District; H. L. Thomas, from Thomas District; Dr. F. D. Fussell, from Temperance District; Dr. G. A. Birch, from Jacksonville District; T. J. Williams, from

Page 621

Cobbville District; R. R. Hinson, from Sunshine District; J. O. Bland, from Mt. Carmel District; C. C. Powell, from Neilly District; J. H. Wilcox, from Lumber City District; Dr. J. M. Lucas, from Towns District; George P. Flanders, from Scotland District; Max L. McRae, from McRae District. Chairman. Members designated. Sec. 4. Should a vacancy occur in the representation of any district by the resignation, death or other cause of its members on said Bond Commission, the citizens of such district may call a mass meeting within five days from the date the vacancy occurs and by a majority vote of those present select a successor and through the Chairman of such mass meeting forthwith report the same to the Judge of the Superior Court of said county, who shall appoint the person selected. Should the citizens of such district fail to make a selection within five days then it shall be the duty of said Judge to appoint some qualified voter from such district to fill such vacancy. The orders of the Judge appointing a member to fill a vacancy shall be recorded on the minutes of said Court. Vacancy, how filled. Sec. 5. Each member of said Bond Commission shall receive as full compensation for his services hereunder the sum of four dollars per day for each day he may be actually engaged in the discharge of his duties herein provided for; except the Chairman, who shall receive no compensation other than the salary provided by law for him as Commissioner of Roads and Revenues. Compensation. Sec. 6. Should no bonds for roads and bridges, or either, be issued by said county for two years after the passage of this Act, or if issued when the duties provided herein for said Bond Commissioners have been completely performed and discharged, the office hereby created shall cease, the amendment herein made to said Act creating a Commissioner of Roads and Revenues of Telfair County, Act 1916, page 508, shall become void and said Act restored to its full force and effect as before amended. When this Act to be void.

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Sec. 7. The thirteen new Commissioners, as herein provided for, who, with the Commissioner of Roads and Revenues of said county, compose and constitute the Telfair County Bond Commission, are hereby made Commissioners of Roads and Revenues of said county to act in conjunction with the Commissioner of Roads and Revenues of said county in performing the duties and exercising the powers of said Bond Commission as herein provided, and they shall have no other power or jurisdiction as Commissioners of Roads and Revenues except as herein provided. Commissioners of roads and revenues. Sec. 8. The Commissioner of Roads and Revenues of said county shall retain his title of office and shall retain exclusively all the jurisdiction and powers conferred on him by the Act creating his office, Acts 1916, page 508, except that his jurisdiction and powers shall be limited by the powers herein expressly conferred on said Bond Commission. The thirteen other Commissioners herein provided for shall be known as Bond Commissioners and their jurisdiction and powers, as Commissioners of Roads and Revenues or otherwise, shall be limited to those expressly conferred upon them by this Act. Jurisdiction and powers. Sec. 9. Before entering upon the discharge of the duties of his office, each Bond Commissioner shall take the oath required of the Commissioner of Roads and Revenues of said county, and in addition shall make oath to faithfully discharge his duties under this Act, which oath shall be recorded on the minutes of the Commissioner of Roads and Revenues of said county. Oath of office. Sec. 10. Said Bond Commission shall elect a secretary and treasurer from its members at its first meeting. The secretary shall keep the minutes of all meetings of such Bond Commission and record such minutes in the minute book of the Commissioner of Roads and Revenues. The treasurer shall receive and have custody of all moneys to be handled by said Bond Commission,

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as hereinafter provided, and shall disburse the same under the order of said Bond Commission, as hereinafter provided. The treasurer shall give bond in some surety company to be approved by said Bond Commission, conditioned for the faithful performance of his duties, in the sum of fifty thousand dollars, the premium on which shall be paid from the funds to be disbursed by said Commission. Secretary. Treasurer. Bond. Sec. 11. Within ten days after this Act becomes effective said Bond Commission shall hold its first meeting and shall thereafter hold monthly meetings on a date to be fixed by said Commission. Meetings may be held at any time upon call by the Chairman and the Chairman shall call a meeting on the request of two or more members of said Commission. At least one day's notice, either written or oral, must be given all members prior to any call meeting. Meetings. Sec. 12. Eight members of said Commission shall constitute a quorum for the transaction of business and a majority present at any meeting shall decide all questions before such meeting. Quorum. Sec. 13. Said Bond Commission is empowered to employ a civil engineer, an attorney and such other agents and employees as it may deem necessary and proper for the better performance of their duties hereunder and shall fix the compensation of all such employees, including such additional compensation of its secretary and treasurer as it may prescribe, all of which shall be paid from the funds to be disbursed by said Commission. Engineer and employees. Sec. 14. Said Commission shall, as soon as practicable, lay out, adopt and designate a system of roads in and for said county to be built and repaired with the proceeds of a bond issue to be called for that purpose. Such system of roads shall extend throughout said county and to and through every district therein. System of roads.

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Sec. 15. It shall be the duty of said Bond Commission to fix a standard for such system of roads so laid out in order that all of said system of roads may be equal and to work and repair said roads, as hereinafter provided, to such standard. Standard. Sec. 16. Said Bond Commission shall also select and designate on said system of roads certain bridges to be built and made permanent and shall provide a standard to which all of such bridges shall be built and shall build said bridges with the proceeds of a bond issue as hereinafter provided. Bridges. Sec. 17. Said Bond Commission shall make, with the assistance of an engineer, if an engineer has been employed at that time, an estimate of the cost of building and working and repairing each of such roads designated as a part of said system of roads to the standard adopted by said Commission, as hereinbefore provided, and upon the issue and sale of bonds of said county for building and working said system of roads, an amount from the proceeds of such bonds equal to the estimated cost, as aforesaid, of each of the roads of said system of roads, shall be set apart to the credit of such road and the funds so set apart shall be applied to no other road of said system and to no other purpose until after the road, to which such fund was so set apart, has been built, worked and repaired to the standard adopted, as hereinbefore provided. If the fund set apart to any road shall be more than necessary for such road after the same has been worked to the standard, the balance shall be first applied on other roads of said adopted system until all of the roads thereof have been worked to the standard adopted and the balance, if any, shall be applied to such additional roads of said county as said Bond Commission may designate. Estimate of cost. Application of funds. Sec. 18. Said Bond Commission shall publish a list of the roads selected for said system of roads, together with the estimated cost and the amount that will be set

Page 625

apart for working each road, said notice to be published at least twice next prior to the date of election for a bond issue, hereinafter provided for in the newspapers in said county in which notice of the bond election may be published. Publication of list of roads. Sec. 19. Said Bond Commission shall also with such expert assistance as it may deem necessary, make up an estimate of the cost of constructing the permanent bridges herein provided for and from the proceeds of said bond issue, set apart a sufficient amount for building such bridges to the standard adopted. When all of the bridges adopted and designated, as aforesaid, have been built to the standard fixed as aforesaid, the balance of the fund set apart for bridges, if any, may be applied by said Bond Commission to other bridges to be selected by said Commission, or may be converted to the road fund and disbursed as provided for said road fund. Cost of bridges. Sec. 20. After estimates have been made of the cost of said system of roads and bridges and the total amount thereof determined, said Bond Commission shall recommend to the Commissioner of Roads and Revenues of said county, that he call an election as provided by law, at which to submit to the qualified voters of said county the question whether or not bonds shall be issued and sold in said total amount, the proceeds of which to be applied to working and building roads and bridges of said county. In said total amount may be included the proportionate part of said County of Telfair of the estimated cost for the construction of a permanent bridge across Ocmulgee River at Lumber City in said county. Estimate and recommendation. Sec. 21. Should the Commissioner of Roads and Revenues of said county approve the recommendation of said Bond Commission for the call of a bond election aforesaid, he may call an election for that purpose as now provided by law. Nothing in this Act, however, shall be taken or held to affect the exclusive jurisdiction

Page 626

of the Commissioner of Roads and Revenues over the subject of bond issues of said county as now provided by law and for any bond issue of said county for roads and bridges or other purposes, the election therefor shall be called and held and the bonds issued and sold by the Commissioner of Roads and Revenues, as provided by law prior to the passage of and without reference to this Act. Bond election. Sec. 22. Should the Commissioner of Roads and Revenues disapprove the recommendation of said Bond Commission for a bond issue but call an election within said period of two years from the passage of this Act for a bond issue for roads and bridges, or either, in an amount different to that recommended, said Bond Commission shall revise the list of roads or bridges as the case may be, selected and designated, as hereinbefore provided, so as to make the same conform to the amount of the bond issue proposed. Revision. Sec. 23. The proceeds of the sale of all bonds of said County of Telfair issued for roads and bridges, or either, during the existence or life of this Act shall be immediately delivered over by the Commissioner of Roads and Revenues of said county to said Telfair County Bond Commission and shall be disbursed on the order of said Bond Commission. The treasurer of said Commission shall deposit all funds in such banks of said county as said Commission may designate; and depository bonds shall be required of such banks, the amount of which shall be fixed by said Commission. Funds from bond sales. Sec. 24. Said Bond Commission after such bonds are validated shall cause plans and specifications to be prepared for the roads and bridges to be built to conform to the standard adopted and upon receipt of the proceeds of the sale of such bonds shall forthwith let contracts, as provided by law, for the construction and work on said roads and bridges. Contracts.

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Sec. 25. Said Bond Commission shall have exclusive jurisdiction and power over the disbursement of the proceeds of such bonds and the letting and making all contracts and for the working, repairing and constructing such roads and bridges as may be selected and designated as herein provided and for the building of which such bonds may have been issued and sold and said Bond Commission is hereby empowered to acquire all material and hire and contract for all labor and service necessary or considered by them to be proper for the more efficient and complete performance of the duties herein imposed and work contemplated. Powers of bond commission. Sec. 26. It is the purpose and intention of this Act that in case a bond issue for roads and bridges, or either, shall be voted in and for said county, that all of the roads and bridges included in the systems adopted shall be constructed at the same time or as nearly so as possible, and it shall be the duty of said Bond Commission, so far as practicable, to carry out this expressed purpose. Simultaneous work. Sec. 27. Said Bond Commissioner for the purpose of this Act the selection and adoption of the roads and bridges to be worked and constructed with the proceeds of said bond issues, the adoption of the standard by which such roads and bridges shall be built and receipt and disbursement of the proceeds of such bond issues, the making of all contracts for the building of such roads and bridges, the working and building of such roads and bridges and for the execution of all other terms and provisions of this Act are hereby made and created Commissioners of Roads and Revenues of said County of Telfair and shall be taken and held so to be, but said Bond Commission shall have no other power or jurisdiction as Commissioners of Roads and Revenues except for the purposes aforesaid, and which are by this Act expressed. Bond commission's powers. Sec. 28. Said Bond Commission shall require all contractors to give bond as provided by law for the faithful

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performance of their respective contracts and shall be authorized to reject all work not conforming to the plans and specifications adopted for said work. A competent engineer shall be engaged in the preparation of the plans and specifications for all work to be done and said engineer shall be required, while such work is in progress, to make a frequent and thorough inspection thereof and report to said Bond Commission all defective work done or in progress. Contractor's bond. Engineer. Sec. 29. Said Bond Commission, should it be necessary, may make payments at stated periods to the contractor or contractors for such work, but prior to the completion of the contract, no payment for more than twenty-five per cent. for the work actually done shall be made and before making such partial payments said engineer shall estimate and report to said Commission the portion of the work completed. Before final settlement said Commission with the assistance of said engineer shall make an exhaustive inspection of the work completed and require all work to equal the standard adopted and to conform to the plans and specifications for the same. Payments. Inspection. Sec. 30. All expenses authorized and incurred under this Act and all work done in execution of the terms hereof shall be paid from the proceeds of the sale of such bonds as may be needed as hereinbefore provided. If, however, bonds shall not be voted as herein contemplated then and in that event the expenses incurred in the execution of this Act and in contemplation of such bond issue, shall be paid by the Commissioner of Roads and Revenues from the treasury of said county. Expenses. Sec. 31. Said Bond Commission shall keep full and complete records and shall make full and complete reports to the several grand juries that may be in session during the progress of the work of all work done and funds disbursed and to the grand jury in session next after the complete performance of the terms and

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provisions of this Act, said Bond Commission shall make a final and exhaustive report showing all work done and all money received and disbursed in detail. Copies of all reports by said Bond Commission shall be made to the Commissioner of Roads and Revenues and entered on the minutes kept by his office. Records. Reports. Sec. 32. When said Bond Commission has disbursed all funds paid over to it from the proceeds of bond issues, as hereinbefore provided, and made final report thereof, as aforesaid, the office of said Bond Commissioners and the Telfair County Bond Commission shall be deemed and considered to have completed their duties hereunder and the provisions of this Act shall thereupon cease and determine. Completion of duties Sec. 33. The terms and provisions of this Act shall be and become effective from and after the approval of this Act by the Governor of Georgia. Effective now. Sec. 34. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. TERRELL COMMISSIONERS' CLERK'S SALARY. No. 469. An Act to amend the Act approved September 21, 1883, as amended creating the Board of Commissioners of Roads and Revenues of Terrell County, so as to fix the salary of the clerk of said Board at the sum of sixty ($60.00) 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 authority of the same, That the Act approved September

Page 630

21, 1883, as published in the laws of the State of Georgia, 1882-3, pages 506 and 507, as amended by an Act approved August 16, 1913, and published on page 443, the Acts of the General Assembly, 1913, shall be and is hereby amended by striking therefrom the word thirty from the eighth line on page 445 of the published Acts of the General Assembly of Georgia, the year 1913, and substituting in lieu thereof the word sixty, so that when amended the sentence in which said word appears in said Act shall read as follows: The Ordinary shall be ex-officio clerk of said Commissioners and shall for his services receive the salary of sixty ($60.00) dollars per month. Act of 1913 amended. Clerk's salary. Sec. 2. 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 July 31, 1920. TIFT COMMISSIONERS; ACT AMENDED. No. 528. An Act to amend an Act of the General Assembly of Georgia, approved August 9, 1917, entitled an Act to create a Board of Commissioners for Roads and Revenues in and for the County of Tift, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, Section 13 of an Act of the Legislature approved August 9, 1917, creating a Board of Commissioners of Roads and Revenues in and for the County of Tift, be and the same is hereby amended as follows: Act of 1917 amended. By striking all of Section 13 of said Act and inserting in lieu thereof the following:

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Section 13. Be it further enacted, That the convicts employed in working the roads of Tift County shall not be divided into such small squads or camps as to unnecessarily increase the cost of guarding, but shall be so grouped and employed that a maximum amount of work will be secured at a minimum cost of handling under the direction and control of the superintendent, hereinbefore provided for. Said chain-gang shall be so employed and camps so located as to give the best service on the roads of the entire county, having due regard to the use and travel over said roads, and nothing in this Act contained shall be construed as giving or allowing control to any one Commissioner or to any one district of said chain-gang and road equipments for any specified length of time, but said chain-gang shall be employed by said superintendent when and where most needed under the supervision and direction of the entire Board of Commissioners. New Sec. 13. Convicts, how to be employed. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict be and the same are hereby repealed. Approved August 7, 1920. TOOMBS COUNTY TREASURER'S OFFICE, ELECTION TO ABOLISH. No. 494. An Act to abolish the office of county treasurer in and for the County of Toombs, and to make provision for the handling and disbursement of all county 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 first day of January, 1921, the office of county treasurer of Toombs County shall be and the same is abolished. Office abolished Jan. 1, 1921.

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Sec. 2. Be it further enacted by authority aforesaid, That the Commissioners of Roads and Revenues of said Toombs county shall select some duly incorporated bank or banks in said county to act as depository, and distributing agent or agents of and for public funds of said county. Said bank to receive and disburse all funds which is now the duty of county treasurer to receive and disburse said service of said bank be without expense to said county. Said bank before entering upon its duties shall give a good and solvent bond and security to be approved by the County Commissioner of said county or by the Ordinary if there be no Commissioner. Bank to be depository. Sec. 3. Be it further enacted, That this Act shall become effective and operative on January 1st, 1921, provided that a majority of the votes cast in the general election to be held in Toombs County on 2nd day of November, 1920, shall be in favor of abolishing the office of county treasurer. Voters voting in favor of abolishing said office shall have written or printed on their ballot For abolishing county treasurer's office, and those voting against abolishing said office shall have written or printed on their ballot Against abolishing county treasurer's office. The return of said election shall be made to the Commissioner of Roads and Revenues of said county, and returns consolidated and the result declared by them. This Act submitted to popular vote. 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 9, 1920.

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TWIGGS COMMISSIONERS, COMPENSATION OF. No. 579. An Act to amend an Act approved August 10th, 1915, entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Twiggs, and all amendatory Acts thereof by striking Section 8 of said Act which fixes the compensation of said Commissioners of said County of Twiggs. And to further amend said Act so as to provide that said Board of Commissioners of Roads and Revenues may employ a superintendent of roads and bridges who may be a member of said Board if said Board sees proper to employ one of its members as such, to fix his duties and compensation. To increase the compensation of the clerk of said Board of Commissioners, and fix the compensation of the members of said Board of Commissioners, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, 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 Section 8 of said Act which fixes the compensation of said Commissioners and inserting in lieu thereof the following section: Act of 1915 amended. Sec. 2. Be it further enacted by the authority aforesaid, That each of the Commissioners serving under this Act shall receive as compensation for his services the sum of $30.00 per month, payable monthly, and no Commissioner serving hereunder shall receive in addition to the compensation above specified more than three days extra service each month at the rate of $3.00 per day. Provided, nevertheless, that if one of said Commissioners is chosen by said Board as purchasing agent

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for said County of Twiggs, then said Commissioner chosen and acting as purchasing agent for said county shall receive in addition to the compensation above fixed the further sum of $10.00 per month, payable monthly. New section. Commissioners' compensation. And provided, further, that should the said Board of Commissioners of Roads and Revenues in and for the County of Twiggs choose one of its members as superintendent of roads and bridges of said county, then in that event the said Commissioner so chosen and acting as superintendent of roads and bridges shall receive for his services as Commissioner of Roads and Revenues of Twiggs County and superintendent of roads and bridges of said County of Twiggs only the salary hereinafterwards fixed and allowed for the said superintendent of roads and bridges. It being the purpose and spirit of this Act that no Commissioner serving hereunder shall draw both the salary as superintendent of bridges and roads and the salary as Commissioner of Roads and Revenues. Any Commissioner serving under this Act charging or attempting to charge for services not herein provided for shall be removed from office by the grand jury of said County of Twiggs. Superintendent of roads and bridges. Salary limited. Sec. 3. Be it further enacted by the authority aforesaid, That said Board of Commissioners of said County of Twiggs, shall have the right and power, if a majority of said Board so votes, to employ a competent person as superintendent of roads and bridges at a salary of not less than $150.00 nor more than $200.00 per month, payable monthly. Which said person may be a member of said Board if said Board sees proper to employ one of its members as such, whose duties shall correspond to those of convict warden now employed by said County of Twiggs. Said superintendent of roads and bridges shall devote his entire time to the superintending, supervising, building, construction and maintenance of roads and bridges in and for the County of Twiggs. He shall be under the jurisdiction and authority of said Board

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of Commissioners of Twiggs County. It shall be his duty to meet with said Board of Commissioners every regular board meeting day or any other such time as said Board of Commissioners may direct, giving a detailed report of the work accomplished each and every month and an outline of plans for the ensuing month. It shall be the duty of said superintendent of roads and bridges to work in conjunction with the convict warden of said County of Twiggs and the Board of Commissioners of Roads and Revenues of said County of Twiggs may at their discretion place the management and control of the part of the chaingang system known as the patch gang or the chain gang system under said superintendent of roads and bridges. It shall also be the duty of said superintendent of roads and bridges to hear complaints of impassible or neglected railroads and bridges in various parts of the county and it shall be his duty as soon as possible, without unnecessary delay, to visit the scene of complaint, ascertain the trouble, use what is needed in the line of material and the work required, and to immediately take the chaingang system, or part of the same, or employed labor if at the direction of the Board of Commissioners and to put same in passable condition. Duties of superintendent. Sec. 4. Be it further enacted by the authority aforesaid, That Section 9 of said Act approved August 10th, 1915, creating a Board of Commissioners of Roads and Revenues in and for the County of Twiggs be and the same is hereby amended as folows: By striking the words and whose compensation shall not exceed $25.00 per month, in the first sentence of Section 9 of said Act and in all other sections of said Act where said words may occur, and inserting in lieu thereof the words and whose compensation shall not be less than $50.00 nor more than $100.00 per month, so that said first sentence of Section 9, when so amended, shall read as follows: Be it enacted by the authority aforesaid, That said Board of Commissioners shall have the

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power and authority to employ a secretary or clerk (which secretary or clerk may be a member of said board if said Board sees fit to employ one of its members as such), whose compensation shall not be less than $50.00 nor more than $100.00 per month, and whose duties shall be such as are prescribed by the members of said Board. Sec. 9 of Act of 1915 amended. Clerk of board. Salary. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1920. UPSON COMMISSIONERS, AND DISTRICTS. No. 557. An Act to divide the County of Upson into three districts or divisions; to provide for the election of a Commissioner of Roads and Revenues from each district or division; to repeal any part of the local law creating a Board of County Commissioners for Upson County, approved February 1st, 1877, as may be in conflict with this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That the Commissioners of Roads and Revenues of Upson County provided for and now existing by virtue of an Act of the General Assembly of Georgia, approved February 1st, 1877, be hereafter elected as follows: That said County of Upson be and the same is hereby divided into three districts or divisions, the first to be composed of The Rock, Union Hill and Jug Militia Districts. The second to be composed of Red Bone, Town, Blackankle and Hootenville Militia Districts. The third to be composed of Flint, Reeves and Atwater Militia Districts. Districts or divisions.

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Sec. 2. Be it further enacted by the authority aforesaid, That in all future elections for Commissioners of Roads and Revenues for said County of Upson one Commissioner shall be elected from each of said districts in elections regularly held for county officers. Commissioner. Sec. 3. Be it further enacted by the authority aforesaid, That the Commissioners now in office shall hold the same until their term of office shall expire. That the first election under this Act shall be held at the time of election for county officers in the year 1922 when one Commissioner shall be elected from said First District whose term of office shall be six years. Elections. when held. The second election shall be held at the same time in the year 1924 for one Commissioner from said Second District, whose term of office shall be six years. The third election shall be held at the same time in the year 1926 for one Commissioner from said Third District whose term of office shall be six years. Every two years after 1926 one Commissioner shall be elected for six years from the district where the Commissioner from that district resides, whose term of office next expires, it being the intention of this Act that each of said three districts shall be represented at all times by a Commissioner from that district. Sec. 4. Be it further enacted by the authority aforesaid, That, beginning with the year 1921, the salary of the County Commissioners of said county shall be one hundred dollars each per annum, and three dollars per day each for necessary extra services rendered by them, to be approved by said Commissioners. Salaries. In case of a vacancy in said Board of Commissioners by death, resignation, removal or otherwise, the same shall be filled as now provided by existing laws. Vacancy in office. Sec. 5. Be it further enacted by the authority aforesaid, That so much of the Act creating a Board of

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Commissioners for Upson County, approved February 1st, 1877, and all other laws in conflict with this Act be and the same are hereby repealed. Repeal of conflicting law. Approved August 9, 1920. WALTON COMMISSIONERS; DUTIES, TERMS, COMPENSATION. No. 787. An Act to amend Section 5 and Section 6 of an Act entitled 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 term of said officers and their compensation, and for other purposes, approved Aug. 14th, 1917. To provide for an increase in the salary of the Chairman and other members of the Board of Commissioners of Roads and Revenues, 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 words eighteen hundred appearing in the third line of Section 5 on page 417 of the Acts of 1917 of 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 said officers and their compensation, and for other purposes, approved August 14, 1917, be and the same is hereby stricken and the words twenty-four hundred inserted in lieu thereof, and said section when so amended shall read as follows: Act of 1917, Sec. 5 amended. To be read. Section 5. Be it further enacted by the authority aforesaid, That the Chairman of Said Board of Commissioners

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shall receive a salary of twenty-four 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 buying for said Board; he shall superinted all the work being done by the county, whether under contract or hired labor; in fact, he shall discharge all the duties of the Board during the interim between the dates of the meetings, it being understood that his conduct is not to be arbitrary, but that his duties 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 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 field 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 the funds available for that purpose; that if he employs such clerk to assist him in the clerical duties of his office, the Chairman will be responsible for the discharge of the duties of said office by said clerk. Salary of Chairman increased. Sec. 5. Be it further enacted by the authority aforesaid, That line thirteen of Section 6 of said Act be and the same is hereby amended by striking the words $3.00 and inserting in lieu thereof the words, or figures,

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$7.00 so that the section when so amended shall read as follows: Sec. 6 amended. 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 1st 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 $7.00 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 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 treasury 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 on any order unless the same shall be 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. To be read. Pay of members increased. Sec. 3. Be it further enacted by authority aforesaid, That this bill shall not become effective unless same shall receive a majority of those voting in the State primary

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to be held in Walton County on September 8, 1920. Those voting in said election to be the qualified voters of said county. Submitted to popular vote. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1920. WEBSTER COMMISSIONERS; ACT AMENDED. No. 447. An Act to amend an Act of the General Assembly of the State of Georgia, approved Aug. 23, 1872, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Webster, define their powers and duties, and for other purposes, and the several Acts amendatory thereof, so as to make it the duty of said Commissioners to cause to be made annually an audit by a certified public accountant of the records, accounts and vouchers of all county officers or other persons who handle public funds of said county, and to provide for a report by the auditor to the grand jury; to provide that after January 1st, 1925, there shall be five commissioners, one from each Militia District of said county, and to provide for the election and term of office of same, and for other purposes. Section 1. Be it enacted by the General Assembly or the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the Act of the General Assembly approved August 23, 1872, creating a Board of Commissioners of Roads and Revenues for the County of Webster and the several Acts amendatory thereof, be and the same are hereby amended and it is provided as follows: That said Commissioners shall provide for and cause to be made annually

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an audit by a certified public accountant of the records, accounts and vouchers of all county officers or other persons whose duty it is by law to handle public funds of said county. Act of 1872 and later Acts amended. Audit of accounts. etc. Sec. 2. Be it further enacted by the authority aforesaid, That the audit provided for in the first section of this Act shall be begun as soon as practicable (not later than fifteen days) after the first day of September of each year and shall cover the period of twelve months next preceding said first day of September, and shall be completed before the convening of the grand jury for the October term of the Superior Court of said county for said year; and a full and complete report of the findings of said auditor shall be made by him to said grand jury. When made; and for period of a year. Sec. 3. Be it further enacted by the authority aforesaid, That before beginning the audit provided for above said auditor shall take and subscribe the following oath, to-wit: I do solemnly swear (or affirm) that I will carefully audit the books, accounts and vouchers of all county officers or other persons charged by law with the duty of handling public funds of Webster County, and make a true and complete report of my findings to the grand jury according to law, so help me God, which oath shall be taken before and filed with the Clerk of the Superior Court of said county. Oath of auditor. Sec. 4. Be it further enacted by the authority aforesaid, That said Act creating said Board of Commissioners of Roads and Revenues and the several Acts amendatory thereof, be and the same are hereby further amended so as to provide as follows: That from and after the first day of January, 1925, said Board of Commissioners of Roads and Revenue for said Webster County shall consist of five persons, that after said date each of the five Militia Districts of said county as they are now established shall have one Commissioner on said Board, who shall reside in said Militia District, that the

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first commissioners under this section shall be elected at the election for county officers next preceding said first day of January, 1925, for a term of four years, and they or their successors shall be elected for like terms at the regular elections for county officers thereafter, and provided, further, that the candidate receiving the highest number of votes cast in the Militia District in which said candidate resides by persons qualified to vote for county officers in said district shall be elected and serve on said board for said district. Board of commissioners, Jan. 1, 1925. Election and terms. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved July 29, 1920. WHEELER COMMISSIONERS, AND ROAD DISTRICTS. No. 782. An Act to amend an Act entitled An Act to provide for the creation of County Commissioners in Wheeler County; to define their duties and powers, to provide for their compensation, and for other purposes, approved August 19, 1913, so as to change and fix and define the road districts of said county, to declare the office of the present Commissioners vacant, to name a Board of Commissioners, to provide for the appointment and election of Commissioners, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act an Act entitled An Act to provide for the creation of County Commissioners in Wheeler County; to define their duties and powers; to provide for their compensation and for

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other purposes, be and the same is hereby amended by repealing Sections 1, 2 and 3 of said Act, and substituting in lieu thereof the following sections and provisions of, to-wit: Act of 1913 amended. Section 1. There shall be and is hereby created in and for the County of Wheeler a Board of County Commissioners to be composed of three members and to be known as the Commissioners of Roads and Revenues of Wheeler County. Board of three members. Sec. 2. For the purpose of this Act the County of Wheeler shall be divided into three road districts to be composed of the militia districts of said county as follows: Road districts. Road District No. 1 shall be composed of what is known as the Alamo and the Erick Militia Districts. District No. 2 shall be composed of what is known as the Glenwood and the Landsburg Militia Districts. District No. 3 shall be composed of what is known as the Spring Hill and the Fork (or as it is sometimes called the McArthur Militia Districts). One of the members of said Board of County Commissioners shall always be appointed or elected from each of said road districts, and the removal of such Commissioner from the district in which appointed or elected shall vacate his office. Sec. 3. Until the membership of said board shall be elected as hereinafter provided the following persons are hereby designated and named as the County Commissioners of said county, to-wit: From District No. 1, W. J. Clark; from District No. 2, James McRae; from District No. 3, W. L. Webster. Said above named Commissioners shall hold office until their successors are elected and qualified as hereinafter provided. At the general election to be held in said county in the year 1922, a successor to the Commissioner designated from Road District No. 3, shall be elected for a term of six years; at the general election in said county to be held in the year 1924, a successor

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to the Commissioner designated for Road District No. 2, shall be elected for a term of six years and at the general election held in said county in the year 1926, a successor shall be elected to the Commissioners designated from District No. 1, for a term of six years. The term of office for the appointees herein designated shall expire January the first following the election of their respective successors, as hereinbefore provided, and the terms of office of said Commissioners thereafter shall be six years, and until their successors are elected and qualified, and the successors, respectively, of said Commissioners shall be elected at the general election in said county next prior to the expiration of the term of office of such Commissioners. While one Commissioner must be from and a resident of each road district, said Commissioner must be elected by the qualified voters of the entire county. Commissioners designated. Election and terms of office. Sec. 4. Be it further enacted by the authority aforesaid, That in case of a vacancy occuring the Judge of the Superior Court of said county shall fill such vacancy by appointment, and such appointee shall hold until the next general election, when a successor for the unexpired term of the incumbent from the district in which the vacancy exists shall be elected; provided, that if the vacancy occurs within less than six months of the expiration of the term of office the appointee of the Judge shall hold until the end of the unexpired term. Vacancy, how filled. Sec. 6. Be it further enacted by the authority aforesaid, That all other provisions of the Act hereby amend shall remain of full force and effect, where not inconsistent with this Act, and the provisions of this Act shall take effect upon the approval of the same by the Governor of Georgia. Provisions effective. Sec. 7. Be it further enacted by the authority aforesaid, That the office of Commissioners of Roads and Revenues, as the same exists under said Act of 1913, is hereby abolished and the terms of office of the present Commissioners

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holding under the terms of said Act are hereby declared vacated and at an end; and all of the duties, powers and jurisdiction of the Board of Commissioners and the members thereof under said Act of 1913 are hereby imposed and conferred upon the Board of Commissioners and the members thereof created and designated by this Act. Office abolished. Sec. 8. Before this Act shall go into effect it shall be submitted to the qualified voters of Wheeler County at primary election on September 8th, 1920, and if a majority of said voters shall be in favor of said Act then the same to become the law, but should it fail to receive a majority of the votes cast in said election, then it shall not become the law. Election to ratify this Act. Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 17, 1920. WHEELER COUNTY TREASURER'S SALARY. No. 629. An Act to provide for a salary for the Treasurer of the County of Wheeler, 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 Treasurer of Wheeler County, Georgia, from and after January 1st, 1921, shall be paid as full compensation for all service as Treasurer the sum of five hundred ($500.00) dollars per annum, the same to be paid in equal monthly installments. Salary fixed. Sec. 2. Be it further enacted, That the compensation provided for in Section 1 of this Act shall be in lieu of all fees and other commissions and salaries heretofore paid the said Treasurer of said county. In lieu of fees, etc.

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Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 16, 1920.

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PART III.CORPORATIONS

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TITLE I. Municipal Corporations. ACTS. Acworth election date. Asworth school tax. Adel special tax ad valorem. Adel street improvements. Adrian, city of, incorporated. Alamo school Act amended. Albany school Act amended. Alpharetta, town of, incorporated. Americus Board of Tax Assessors. Americus Efficiency and Economy Commission. Apalachee tax rate. Athens territorial limits extended. Atlanta City Planning Commission; and clerk of Council. Atlanta tax payments. Augusta policemen and firemen; retirement on part pay. Austell electric light bonds. Bainbridge school tax. Bainbridge street improvements; bonds. Bartow Board of Education. Bartow public schools; repealing Act. Blythe, town of, incorporated. Bowersville school tax. Broxton school funds, payment of. Brunswick charter amended. Buena Vista, new charter for. Buford charter amended. Camak charter amended. Cartersville officers' compensation. Cartersville school tax. Cave Springs, new charter for. Cedartown charter amended. Claxton charter amended. Cobbtown mayor and councilmen; election, terms. Cochran; closing of street. Collins mayor and councilmen; election, terms. Columbus Commons Commission; execution of deed. Columbus; pensions for injured firemen. Columbus street closing. Columbus tax rate. Columbus territorial limits defined. Columbus territorial limits; correction of error in Act of 1919. Commerce street improvement.

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Conyers school tax. Cornelia school tax. Crawford waterworks, sewerage, lights. Cussetta, new charter for. Cuthbert charter amended. Dallas public schools abolished. Dallas, new charter for town of. Dalton school tax. Dawson school tax. Decatur charter amended. Decatur councilmen; compensation. Decatur territorial limits extended. DeSoto; corporate limits enlarged. Doerun school tax. Douglas school tax. Douglas street tax. Dublin tax rate. Dudley tax rate. East Point, city of; sales of property. East Point school tax. East Thomaston charter amended. Eatonton city clerk's salary. Farrar, town of, incorporated. Fitzgerald charter amended. Forsyth street improvement tax. Gainesville school tax. Graymont charter repealed. Grayson corporate limits extended. Griffin school tax. Guyton tax rate. Hahira tax ad valorem. Hartwell ordinary expense tax. Hartwell school tax. Hoboken, city of, incorporated. Ideal; terms of office, and taxation Ideal; town of; school tax. Jackson corporate limits extended. Jefferson school tax. Kirkwood, new charter for town of LaFayette public schools abolished. LaGrange charter amended. LaGrange city recorder Act amended. LaGrange maximum amount of bonds. Lavonia Board of Education, and school tax. Lavonia tax rate. Lincolnton schools, and Board of Education. Linwood, new charter for town of. Lithonia emergency tax. Louisville Academy; sale of lands. Louisville local schools; abolishment. Lyons school tax. Macon charter amended. Macon Civil Service Commission Abolished; Police and Fire Departments. Macon Hospital Commission. Macon territorial limits extended. Madison charter amended.

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Manassas, city of, incorporated. Manchester Board of Education, and school bonds. Marietta, city of, new charter for. Marietta school tax. Maysville tax rate. McCaysville charter amended. Metter, new charter for city of. Milledgeville water system tax exemption. Molena election date. Montezuma territorial limits extended. Monticello Board of Education; powers, duties, election. Monticello election date. Monticello public schools. Moultrie city officers, election of. Moultrie school tax. Nicholls town charter repealed. Nicholls, city of, incorporated. Ocilla public improvements. Ocilla school tax. Palmetto, new charter for town of. Patterson, new charter for town of. Pelham chief of police, election of. Pelham councilmen, election of. Pinehurst charter amended. Pocatalligo, town of, incorporated. Powder Springs charter repealed. Powder Springs, city of, incorporated. Quitman school tax. Resaca charter repealed. Richland public schools. Richland school tax. Rome, city of; water supply to non-residents. Roswell school tax. Savannah baggage and cab rates. Savannah charter amended. Savannah municipal wharf. Shellman tax rate. Smyrna election for bonds. Smyrna public improvements; tax. Social Circle; salaries of Mayor and Clerk. Soperton charter repealed. Soperton, city of, incorporated. Statesboro school bonds. Stockbridge, city of, incorporated. Summit charter repealed. Sylvester charter amended. Talmo, town of, incorporated. Tennille, election and terms of officers. The Rock charter repealed. The Rock, town of, incorporated. Thomaston school tax. Thomaston street improvements. Thomson, city of, incorporated. Thomasville, new charter for city of. Tifton, new charter for city of. Twin City incorporated. Unadilla, city of, incorporated.

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Valdosta tax rate. Vanna tax rate. Vidalia school tax. Washington school board and tax. Washington school tax increase. West Point, city of; acquisition of certain property authorized. West Point, city of; protection from floods. West Point River and Levee Commission created. White Plains territorial limits extended. Winder water and electric systems. ACWORTH ELECTION DATE. No. 426. An Act to amend the Act establishing a new charter for the Town of Acworth, in Cobb County, approved August 17, 1903, so as to change the time for holding the election for mayor and aldermen of said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act of the General Assembly approved August 17th, 1903, establishing a new charter for the Town of Acworth, in Cobb County, be and the same is hereby amended by striking the words First Saturday in January appearing in the second and third line of Section 3 of said Act, and inserting in lieu of said words the words Last Saturday in October, so that the first sentence of Section 3 of said Act as so amended shall read as follows: Be it further enacted by the authority aforesaid, That said mayor and aldermen shall be elected on the last Saturday in October of each year. Act of 1903 amended. Time of election. Sec. 2. Be it further enacted by the authority aforesaid that said Act be and the same is hereby further amended by striking the words First Saturday in January shall, on the third Friday in January appearing in the second and third lines of Section 4 of said Act, and inserting in lieu of said words the words Last Saturday

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in October shall, on the first Friday in January, so that said Section 4 of said Act as so amended shall read as follows: Be it enacted by the authority aforesaid, That the mayor and aldermen elected on the last Saturday in October shall, on the first Friday in January, be installed in office by taking and subscribing the following oath, which may be administered by any officer authorized by law to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor (or alderman) of the City of Acworth; that I will faithfully execute and enforce the laws of said city to the best of my ability and knowledge; that I will do all in my power to promote and protect the interest of said city, so help me God! Time of taking office. Sec. 3. Be it further enacted by the authority aforesaid, That this Act shall become effective immediately upon its passage and approval by the Governor, and that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 26, 1920. ACWORTH SCHOOL TAX. No. 430. An Act to amend an Act entitled An Act to authorize the mayor and commissioners of the Town of Acworth to establish and maintain a system of public schools for said town; to levy and collect a tax for establishing and maintaining same, and provide for the payment of said tax to the Board of Education of said town; to authorize the County School Commissioners of Cobb County to pay over to the said Board of Education such part of the State school fund as may be their proportionate share, and for other purposes herein named, approved December 1st, 1894, by striking from the sixth line of Section

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1 of said Act the words thirty-five and inserting in lieu thereof the words seventy-five, so as to authorize a tax levy not to exceed seventy-five one-hundredths of one per cent on all the property in said town liable to taxation for the maintenance of the public schools in said town. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act of the General Assembly approved December 1st, 1894, creating a system of public schools for the Town of Acworth, in the County of Cobb, State of Georgia, be and the same is hereby amended by striking the words thirty-five, in line six of Section 1 of said Act and inserting in lieu of said words the words seventy-five, so that the said Section 1 of said Act as so amended shall read as follows: Be it so enacted by the General Assembly of the State of Georgia, the mayor and commissioners of the Town of Acworth having so recommended, That the mayor and commissioners of said town are hereby authorized and empowered to levy and collect an annual tax, in addition to any now authorized by law, not to exceed seventy-five one-hundredths of one per cent on all the property in said town liable to taxation, to be used for the purpose of establishing and maintaining a system of public schools therein. Act of 1894 amended. To be read. School-tax rate increased. Sec. 2. Be it further enacted by the authority aforesaid That this Act shall become effective immediately upon its passage and approval by the Governor, and that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 26, 1920.

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ADEL SPECIAL TAX AD VALOREM. No. 386. An Act to amend an Act entitled An Act to incorporate the City of Adel, approved July 29, 1919; to provide for the levying of a special ad valorem tax on all property in said city for educational purposes, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that Section 36 of the Act entitled An Act to incorporate the City of Adel, approved July 29, 1919, be and the same is hereby amended by striking therefrom the words one-half of following the word exceed in the eighth line of said section, and before the words one per centum in the ninth line of said section, so that said section when amended shall read as follows: Act of 1919 amended. To be read. Section 36. Be it further enacted, That said Board of Education shall determine as early as practicable in each year what amount of money will be necessary to be raised by taxation to defray the expenses of said public schools for the ensuing year, and shall submit such finding in writing to the mayor and council at their regular meeting in July, and the mayor and council are hereby authorized and required to levy a special ad valorem tax, not to exceed one per centum on all the property in said city subject to taxation, and when the taxes for such purpose are levied and collected, the collecting officer of said city shall pay over the same to the secretary and treasurer of said Board of Education; said taxes shall be collected as other taxes of said city, and shall not later than the first day of February be paid to the secretary and treasurer of the Board of Education, and said taxes shall not be paid out by the secretary and treasurer of said board, except upon written order of

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said Board of Education under such regulations and requirements as they shall provide. School tax rate increased. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved July 19, 1920. ADEL STREET IMPROVEMENTS. No. 387. An Act to amend an Act entitled An Act to incorporate the City of Adel approved July 29th, 1919; to provide authority for the improvement of the streets, lanes, alleys and sidewalks of said city, by grading, paving, macadamizing or otherwise improving the same; to provide a method for the payment of such improvement by the property owners and said city; to provide for the levy of an annual tax on the property in said city sufficient in amount to pay the city's part of such paving, grading, macadamizing or other permanent improvement on such streets, lanes, alleys or sidewalks; to provide a lien against the property abutting on such streets as may be graded, paved, macadamized or otherwise improved by said city and for the issuance of executions against the abutting property for its proportionate share of such expense; to provide for the grading, paving, macadamizing or otherwise improving the streets, lanes, alleys or sidewalks of said city upon the petition of three-fourths of the property owners on any street, or portion of any street within 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 same, That from and after the passage of this Act, an Act entitled An Act to incorporate the

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City of Adel approved July 29th, 1919, be and the same is hereby amended as follows, to-wit: By adding the following thereto: Act of 1919 amended. Sec. 2. Be it enacted, That the mayor and council of said city shall have full power and authority, in their discretion to grade, pave, macadamize, or otherwise improve, trestle and bridge the sidewalks, streets, lanes or alleys of said city. Street improvements. Sec. 3. That the mayor and council shall have full power and authority to assess one-third of the costs of paving, grading, macadamizing, constructing side drains cross drains, crossings, and otherwise improving the roadway or streets proper on the real estate abutting on each side of the street improved. The real estate abutting on each side of the street improved 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 so graded, paved, macadamized or otherwise improved, shall be required to grade, pave, macadamize or improve said streets in such proportions as the mayor and council may prescribe. Assessments. Sec. 4. Said mayor and council shall have full power and authority to adapt, by ordinance, such a system of equalizing assessments on real estate for above purposes for the amount set forth as may be just and proper, estimating the total cost of each improvement made and pro rate the cost thereof on the real estate, according to its frontage on the street, or portion of street improved, and that the amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Equalization. Sec. 5. That the entire expense of the grading, paving, macadamizing or otherwise improving of all railroad crossings shall be borne by said railroads, and any railroad company or street railroad company having tracks

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running across or into any street so improved shall be assessed, and shall pay all cost of paving or improving such street, lane or alley for the entire space between their rails or track or tracks and for one foot on each side thereof when there is a single track and when there is more than one track on any street, lane or alley so improved or part of a street, lane or alley so improved said railroad company shall be assessed and pay the entire costs of paving the entire space between their two tracks, and between the rails of each track and for one foot on each side of the outside rail of the outside tracks. Railroads, how assessed. Sec. 6. Said mayor and council shall have full power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks by execution issued by the secretary and treasurer of said City of Adel against the real estate so assessed, against the owner thereof at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings, as in cases of tax sales, the same shall be sold at public outcry to the highest bidder, and all such sales shall be governed by the same laws as may be of force in said city as to sales under executions for advalorem taxes due said city. Executions. levy and sale. Sec. 7. The mayor and council shall have authority to pave and contract to pave such portions of any street, lane or alley in said city as they may deem proper without giving any railroad company, or other property holder or occupant of the street, the option of having the space to be paved by it, him or her, paved by itself, him or her or by a contract at its, his or her instance, the object being to prevent delay and the securing of uniformity in the pavement. Power to contract etc. Sec. 8. The lien for assessment upon abutting property and railroad companies for street or sidewalk grading, paving, curbing, macadamizing or draining shall

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have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from the passage of the ordinance authorizing the execution of the work in such cases. Lien, priority of. Sec. 9. Be it further enacted, That the said mayor and council shall have authority to prescribe, by ordinance, such other rules as they in their discretion may deem necessary to grade, pave, drain, macadamize, or curb the streets, lanes and alleys of said city; to enforce by execution the cost thereof against adjacent property owners and railroad companies; to provide how the agents or owners thereof shall be served with notice by personal service or by publication. Power to prescribe rules. Notice. Sec. 10. Be it further enacted, That whenever three-fourths of the property owners on any street, lane or alley of said city shall file a written petition to the mayor and council of said city to grade, pave, macadimize or otherwise permanently improve any street, lane or alley in said city, or any portion thereof it shall be the duty of said mayor and council to have such street, lane or alley graded, paved, macadamized or otherwise permanently improved, under the same conditions and provisions as heretofore provided for when such grading, paving, macadamizing, or otherwise permanently improving is done by said mayor and council upon its own motion. Petition of owners of property. Sec. 11. Be it further enacted by the authority aforesaid, That whenever the mayor and council of said City of Adel shall by appropriate ordinance decide to grade, pave, macadamize or otherwise permanently improve any street, lane or alley, or any portion of a street, lane or alley within the limits of said city, and as soon as the cost of such work shall have been definitely determined, they shall require the secretary and treasurer of said city to notify in writing all persons owning property abutting or fronting on any such street, lane or alley, of such intention, together with a statement of the amount

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assessed against said property therefor; and the city shall at once proceed to do said paving or cause it to be done, and when the same is completed it shall be the duty of said property owners to pay into the treasury of the city, within twenty days after said work is completed, the amount so assessed against their property; and in the event the said city, after estimating the annual expenditures of said city to be paid out of the tax levied for general current expenses for the year, shall not have sufficient funds to pay the said city's pro rata share of the cost of such grading, paving, macadamizing or otherwise improving such street, lane or alley or any portion thereof, or streets, lanes or alleys or portion of any streets, lanes or alleys, they shall, by appropriate ordinance, include in their annual tax levy for such year a sufficient amount of tax in addition to the rate heretofore allowed to pay said city's proportionate share of such work, provided, however, that the tax levy for such purpose shall in no event exceed the amount of five mills on the dollar in any one year. Notice of assessments. Tax levy. Sec. 12. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved July 19, 1920. ADRIAN, CITY OF, INCORPORATED. No. 577. An Act to incorporate the City of Adrian in the Counties of Emanuel and Johnson; to define the corporate limits thereof; to provide for a mayor and council; to prescribe their powers and duties; to provide for the manner of their election; to provide for its succession of the rights, powers and duties of the Town of Adrian heretofore created by an Act of the General Assembly of Georgia approved December 19th, 1899,

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and amended August 14th, 1914; to provide for the levying of taxes and the collection thereof; to create a Board of Tax Assessors and define their powers and duties; to provide for the right of eminent domain for said city; to provide for the erection and operation of an electric light plant; to provide for the establishment and operation of waterworks and sewerage system; to provide for authority of the mayor and council to make all such rules, by-laws and ordinances as are necessary for the enforcement of the provisions of this charter and the protection of life, health and happiness of the citizens thereof; to provide penalties for any violation of any rule, by-law or ordinance created by the authorities of said city, so that said city authorities may have full and complete authority to make laws and ordinances and provide penalties therefor in the event of the failure of any person to obey said rules, by-laws or ordinances and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the City of Adrian in the Counties of Emanuel and Johnson be and the same is hereby incorporated as a city under the name and style of the City of Adrian. Corporate name. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city be as follows: One mile in every direction from the center of the intersection of the Wadley Southern Railroad and Brewton and Pinola Railroad where same crosses in the Town of Adrian. Territorial limits. Sec. 3. Be it further enacted by the authority aforesaid, That the municipal authorities of said city shall consist of a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the City of Adrian, and by that name shall have perpetual succession and a common seal; may sue and be sued; plead and be impleaded; purchase and hold both

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real and personal property; sell lien or lease real or personal property, as may seem fit and proper to said mayor and council. Governing body; general powers. Sec. 4. Be it further enacted by the authority aforesaid, That the mayor and council shall be composed of the following named persons until their successors are elected and qualified, to-wit: L. G. Moye, mayor; J. D. Stephens, councilman; G. L. Mayson, councilman; G. E. Yomans, councilman, who shall hold office until February 1st, 1992, or until their successors are elected and qualified; R. C. Powers, councilman; G. C. Smith, councilman, who shall hold office until February 1st, 1921, or until their successors are elected and qualified. That S. H. Lynch is hereby named treasurer of said City of Adrian, who shall hold office until February 1st, 1921, or until his successor is elected and qualified under the provisions of this Act, unless said treasurer shall be sooner removed by the mayor and council of said city. That there shall be held in said city of Adrian on the second Tuesday in January, 1921, an election for two councilmen whose term of office shall be two years, and who shall hold office until their successors are elected and qualified and that there shall be held an election biennially on the second Tuesday in January for their successors, and that there shall be held an election on the second Tuesday in January, 1922, for the election of a mayor and three councilmen who shall hold office for two years or until their successors are elected and qualified; and that there shall be held an election on the first Tuesday in January every two years for filling offices of the mayor and council of said city as they may appear. Mayor and councilmen designated. Terms of office. Treasurer. Elections, and terms of office. Sec. 5. Be it enacted by the authority aforesaid, That all elections held in the City of Adrian for the electon of officers, that said election shall be governed by the rules as nearly as practicable as elections for members of the General Assembly are conducted, except as herein otherwise provided. The polls at all elections shall be opened at the usual place of holding the mayor's

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court in said city at nine o'clock, a. m., and be closed at three o'clock p. m. That the managers at all elections shall take and subscribe an oath in the presence of an officer, or in the presence of each other as follows: All and each of us do swear that we will faithfully superintend this day's election, that we are qualified voters of said city, that we will make a true return of the result thereof, that we will permit no one to vote that is not entitled to vote, nor will we prevent any one from doing so who is entitled, and that we will not divulge for whom any vote was cast unless called upon to do so in some court of law in this State, so help me God. That on the day after said election the managers shall issue to the persons receiving a majority of the votes cast for the office for which he ran, a certificate of election, unless before 12 o'clock of the succeeding day after the election, notice of contest is given to said managers as hereinafter provided. Elections regulated. Oath of managers. Sec. 6. Be it further enacted by the authority aforesaid, That if any person running for office as provided in the preceding section, shall desire to contest said election, he shall file with the managers of said election by twelve o'clock noon, on the day succeeding the day of election, notice of said contest together with the grounds of said contest, and all his reasons therein distinctly assigned setting forth in detail his grounds of contest; whereupon the managers of said election shall certify the same under their hands and seals as such managers and forward the same to the Ordinary of Emanuel County, who shall cause notice of said contest to be served upon the opposite parties within five days after the receipt of said notice by him which notice shall be served by the sheriff of Emanuel County, and the Ordinary shall hear and determine within ten days from the date he received said notice of contest, said contested election, giving to each party ample rights and authority to summons witnesses to be heard in support of their various contentions, as in other cases at law, and should the Ordinary

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decide in favor of the person filing the contest, another election shall be held between the parties so contesting for said office, and any other person may have the right to run for said office at said election, provided said Ordinary grants the right to said contestants; provided, however, that no person shall be permitted to file notice of contest unless at the time he offers to file same with the managers of said election the sum of fifteen dollars as advance cost for the use of the Ordinary in hearing and determining said contest; provided further, That should said Ordinary after hearing and determining said case find in favor of the contestant, then said contestant shall have the right to have judgment for all costs against the opposite party and the Ordinary shall render judgment and issue execution therefor which shall be lien as other executions issued by said Ordinary for costs in cases tried before him. Contest of election. Sec. 7. Be it further enacted by the authority aforesaid, That the mayor and council shall take and subscribe before an officer duly authorized to administer oaths, before entering upon the discharge of his duties, the following oath: I do swear that I will faithfully discharge all the duties devolving upon me as an officer of the City of Adrian to the best of my ability, so help me God. Mayor's oath of office. Sec. 8. Be it further enacted by the authority aforesaid, That no person shall be allowed to vote in any election in said city who has not registered as herein provided, nor shall any person be allowed to register who does not subscribe to an oath that he has been a bonafide resident of said city at least ninety days prior to said election, and that he is qualified to vote for members of the General Assembly in the county of his restdence. Registration of voters. Sec. 9. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city to open a registration book thirty days before each regular election for the registration of the qualified voters

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of said city and to require all persons seeking to register to take the following oath: I do swear that I am a citizen of the United States, have resided in Georgia twelve months, in either Emanuel or Johnson County County six months, and in the City of Adrian ninety days before the date of the next election, that I am 21 years old, have paid all taxes due the City of Adrian, have returned all property for taxation required of me by the ordinances of said city, so help me God. Whereupon said person shall register in the book kept for that purpose his name, age and occupation, and said clerk shall keep open said book until five days before said election, when he shall close same and furnish to the election managers a list of the qualified voters of said city. Voter's oath. Sec. 10. Be it further enacted by the authority afore-said, That any person voting at any election in said city who is not a qualified voter according to the provisions of this charter, shall be guilty of a misdemeanor and upon conviction in any court having jurisdiction thereof, shall be punished as for a misdemeanor. Penalty illegal voting. Sec. 11. Be it enacted by the authority aforesaid, That no person shall be eligible to the position of mayor or councilman unless he is 21 years of age and a qualified voter of said city. Eligibility of mayor. Sec. 12. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to elect a marshal, one or more, and a clerk of council and prescribe the duties of each, to fix their salaries, and require of them such bonds as they may deem necessary, they shall also elect a treasurer of said city, prescribe his duties, fix his salary and require of him such bond as they think proper. Provided, however, that said mayor and council may elect the same person clerk of council and treasurer of said city. It is further provided that said mayor and council may remove from office any person elected by them for failure to perform the duties of the office. Provided, before any officer so elected by the

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mayor and council shall be removed for any cause they shall be served with notice that the mayor and council will proceed to hear such charges as may be preferred against them, which charges shall be in writing and served on the officer complained of at least three days before the hearing, which shall be before the mayor and council or a quorum of council, and if upon the hearing of said charges a majority of the council and the mayor shall vote to remove said officer said action shall be final and said officer relieved of all duties pertaining to said office. Marshal, clerk, and treasurer. Removal from office. Sec. 13. Be it further enacted by the authority aforesaid, That any vacancy that may occur in the office of mayor or councilman, shall be filled by an election by the councilmen to fill the unexpired term and said mayor and councilman shall receive such compensation as may be fixed by them which shall not be increased or decreased during their term of office. Vacancy, how filled. Sec. 14. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to make and pass all ordinances, by-laws, rules and regulations that may be necessary for the good government, peace, order and health of said city, and for the enforcement of such rules, by-laws, ordinances and regulations by the power herein granted. General welfare. Sec. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to levy a tax for the purpose of paying the expenses of said city, a sum not to exceed one per cent of the market value on all property, both real estate and personal property subject to the State and county tax within the corporate limits of the said city, and they shall have the power and authority to require all persons between the ages of 21 years and 50 years who reside in said city, to work on the streets and sidewalks for a period not exceeding fifteen days in each year, or in lieu thereof, to

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pay such street tax as the mayor and council may prescribe, not to exceed five dollars for any one year. Tax on property. Sec. 16. Be it enacted by the authority aforesaid, That said mayor and council may by proper ordinance, require a city license and may impose a tax thereon, for the use of the city for all persons carrying on any business in said city, either as owner, agent or occupant, and to regulate the manner in which said business may be carried on and to levy an occupation tax on all persons or corporations, public or private, doing business in said city, or having an agent or employee in charge of any business in said city and to levy a tax on all shows that may exhibit in said city and to pass all ordinances necessary to carry into effect the provisions of this section. Business licenses. Sec. 17. Be it further enacted by the authority aforesaid, That all persons, corporations, public or private before entering into or conducting any business in said city, shall register with the clerk his name and the kind and character of business that he proposes to carry on and pay the license fee charged by said city and have issued to him a license to do business in said city as owner or agent as the case may be, and the mayor and council shall have authority to pass such ordinances as is necessary for the enforcement of this section. Registry. Sec. 18. Be it further enacted by the authority aforesaid, That the City of Adrian shall have a lien on all real and personal property for the taxes due said city, which may be assessed thereon, and for all fines, or penalties assessed or imposed upon the owner thereof by the authorities of said city from the time same are assessed, which shall have priority over all other liens, except for taxes due said State and county and same shall be enforced as prescribed by the authorities of said city. Liens. Sec. 19. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to provide by ordinance for the arrest, trial and punishment of offenders against any ordinance, by-law, rule or

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regulation of said city by fine, imprisonment, or work on the chain-gang of said city, one or more of said punishments provided said fine shall not exceed the sum of one hundred dollars and such imprisonment or time of labor shall not exceed ninety days. Power to punish. Sec. 20. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to elect a mayor pro tem who shall perform all the duties and exercise all the powers of mayor when from any cause the mayor can not be present to perform the duties of said office; and they shall have the power to provide by ordinance for the collection of all taxes, moneys and fines due said city; all fi fas to be issued by the clerk of council and bear test in the name of the mayor and directed to all and singular the marshal of said city or his lawful deputies. Mayor protem. Collections by execution. Sec. 21. Be it further enacted by the authority aforesaid, that the mayor or mayor pro tem and three councilmen shall constitute a quorum for the transaction of business and a majority of the votes cast shall determine all questions before them, provided that the mayor shall not have a vote only questions before them, provided that the mayor shall not have a vote only in case of a tie vote by council. The mayor or mayor pro tem when performing the duties of mayor shall have veto power and may veto any resolution or ordinance passed by council in which event the same shall not become a law unless at the next regular meeting thereafter, it shall be passed over his veto by a two thirds vote of the entire council; but unless he shall file in writing with the clerk of said city his veto of any measure passed by the council with his reasons therefor within three days after its passage, the same shall become a law just as if signed and approved by the mayor, but he may approve the same in writing and the measure shall go into effect immediately. Quorum of Council. Veto power. Sec. 22. Be it further enacted by the authority aforesaid, That the mayor of the City of Adrian shall be the chief executive officer of said city, he shall see that all

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laws, ordinances, resolutions and rules of said city are faithfully, fully and impartially executed and enforced and that all the officers, employees and agents of said city faithfully and impartially discharge the duties required of them. He shall have general supervision of the affairs of said city and shall preside at all meetings of the council. He shall have the power to conene the council in extra session, whenever in his judgment it becomes necessary and shall convene said council in extra session whenever requested in writing by two or more of said councilmen. Mayor's duty and power. Sec. 23. Be it further enacted by the authority aforesaid, That it shall be lawful for any marshal or police officer of said city to arrest without warrant any person within the corporate limits of said city, who at the time of said arrest or before that time, has been guilty of violating any ordinance of said city, or who he has reason to believe, on reliable information, has been guilty of violating an ordinance of said town and to hold such person so arrested until a speedy hearing of the charge before a proper officer can be had or in the event a speedy hearing can not be had, to detain said defendant until he can procure a warrant for his arrest and to that end may imprison said offender until said trial may be had or proper warrant issued for his arrest. The marshal and police officers of said city are authorized to arrest any where in this State any person charged with a violation of any ordinance of said city, provided when the arrest is not made within twenty-four hours after the offense is committed, said marshal and police officers are not authorized to arrest the defendant outside of the corporate limits of said city except in obedience to written warrant signed by the mayor or mayor pro tem. The said marshal or police officer shall take bonds for the appearance of any arrested by them for a violation of a city ordinance before the police court for trial and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tem, and

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said marshal or police shall have authority to summons verbally any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city or any criminal law of this State, and the mayor and council shall have authority to provide by ordinance for the punishment of any person refusing to obey such summons from the arresting officer. Arrests. Appearance bonds. Aid in arrest. Sec. 24. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to establish and prescribe by ordinance a fee and cost bill for the officers of said city which said fees and costs when collected shall be paid into the city treasury and an accurate account kept thereof. All compensation of any official of said city shall be fixed by ordinance and paid by warrant drawn upon the treasury of said city, and no officer of said city shall receive or be entitled to receive any other compensation than as so fixed nor any part of the fees or costs above Fees and costs. Sec. 25. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or disqualification, the mayor pro tem. may hold and preside over a court in said city to be called the Mayor's Court for the trial of all offenders against the laws and ordinances of said city to be held as often as necessary, or at such time as may be fixed by the mayor and council of said city. Said Mayor's Court shall have power and full authority to preserve order, compel the attendance of witnesses, order and compel the production of books and papers to be used as evidence, and to punish for contempt or disobedience of any of its mandates, said court shall have full power and authority to punish after conviction all violators of charter or any ordinance of said city by fine not to exceed one hundred dollars or by imprisonment in the guardhouse of said city for a period not exceeding ninety days, or in the chain-gang established by said city for a period of not more than ninety days, as the presiding officer may direct. Any one or more of these punishments may be inflicted in the discretion of the presiding

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officer of the court and the presiding officer of said court shall have authority to examine into all the facts of any case, and should it develop from the evidence that he or she is guilty of any violation of a criminal law of this State to commit the offender to jail or bail if the offense is bailable, to appear before the court with jurisdiction to try said defender. Mayor's court. Powers. Punishment. Sec. 26. Be it further enacted by the authority aforesaid, That the mayor or mayor pro tem, when any person or persons are arraigned before the Mayor's Court for a violation of any of the twon ordinances, rules or regulations, may for a sufficient cause shown by either side continue to such time as the case may be adjourned to and require the accused to give bond with security for his appearance at the trial or in default of said bond to be imprisoned in the guardhouse of said city to await the trial of said case. If said bond be given and accused fail to appear at the time fixed for the trial, the bond may be forfeited by the court and an execution issued thereon after serving the defendant if they can be found in said city and the security on said bond with a rule nisi at least five days before the hearing of said rule nisi requiring them to show cause why said bond should not be forfeited and in the event that the defendant can not be served because of his absence from the city, it shall be sufficient upon which to base a judgment and have execution issued thereon to serve the security on said bond as provided aforesaid. Appearance bonds. Forfeiture. Sec. 27. Be it further enacted by the authority aforesaid, That any person convicted in the police court of the violation of any ordinance, rule or regulation or a failure to comply therewith, shall have the right of certiorari to the Superior Court of Emanuel County in accordance with the laws of Georgia in such cases made and provided. Certiorari Sec. 28. Be it further enacted by the authority aforesaid, That the mayor and council of the said City of

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Adrian shall have power and authority to organize one or more chain-gangs, and to confine persons therein who have been sentenced by the Mayor's Court to work on the streets or public works of said city, and shall have power to make such rules and regulations as may be suitable for the care, safe keeping and control of such gangs and the proper enforcement of the rules governing the same. Chaingangs. Sec. 29. Be it further enacted by the authority aforesaid, That the mayor and council shall at a regular meeting in each year hereafter elect a board of tax assessors for said city to be composed of three citizens, qualified, voters and freeholders of said town, whose duty it shall be to assess the true market value of all real estate situated in said city, subject to taxation, and to make returns to clerk of council at such times as may be fixed by ordinance by the mayor and council. Vacancies in said board shall be filled by the mayor and council as they occur. Members of said board shall receive such compensation as may be fixed by the mayor and council and be paid as ordered by the mayor and council after the work of assessment for each year has been completed. Each assessor before entering upon his duties shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, without fear or favor, discharge the duties of tax assessor of the City of Adrian, and assess all property in said city subject to taxation at its true market value to the best of my skill and knowledge, so help me God. Tax-assessors. Oath. Sec. 30. Be it further enacted by the authority aforesaid, That persons making their tax returns shall not be required to return the value of their real estate but shall return a correct and full description of the same, which description shall be filed by the clerk of council with said board of assessors. It shall be the duty of said assessors, to carefully examine the returns of all personal property, located in, or owned by persons residing in said city, and in cases of failure to make a true and full return thereof

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at the market value thereof, and should any perproperty or any portion thereof subject to taxation in said city, said assessors shall assess the same and make return thereof as required. Any person dissatisfied with the assessment of any property under the provision of this Act shall have the right to appeal the same to the mayor and council, provided said appeal be filed within ten days after the return of said assessment and the decision of the mayor and council after hearing thereon at a time fixed by them of which notice has been given to the party complaining, they shall render a final judgment as to said assessment which shall be conclusive on all parties thereto. Tax returns. Assessments. Appeals. Sec. 31. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority and power to provide by ordinance, when tax returns shall be made under provision of this charter and to provide penalties for failures to make returns as required and to provide how and where taxes due said city shall become due, and in what length of time and in what period shall be paid, and to provide the issuance of tax execution against all persons who do not pay their taxes by the time fixed by ordinance. The mayor and council may in their discretion provide for the payment of taxes in installments, and at different periods, provided all taxes shall become due and payable not later than October 15th, of each year. Time for return and payment of taxes. Sec. 32. Be it further enacted by the authority aforesaid, That for the purpose of raising revenues for the support and maintenance of the City of Adrian the mayor and council of said city shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property including money, notes, bonds and other evidences of debt, and other species of property, in said town owned or held therein subject to taxation. Said tax not to exceed one per cent, and to provide a sinking fund for the purpose of paying the principal of any bonded indebtedness as required by law. The

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ad valorem tax above authorized for general purposes and the bonded interest sinking fund tax shall be levied under proper ordinances, specifying the purpose for which it is levied, and said mayor and council shall have complete power and authority to provide by ordinance for the returns and assessments of all taxable property in said city which may be taxed for the assessment and collection of ad valorem tax. Taxing power. Rate of tax. Sec. 33. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to impose a tax on dogs owned or kept within the city, not to exceed $2.00 per annum each, and shall have full power and authority to pass such ordinances as are necessary to carry into effect the provisions of this section. Dog tax. Sec. 34. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full, complete and exclusive control of the streets, alleys, sidewalks, parks and squares in said city and shall have full power and authority to condemn property for the purpose of laying out new streets, alleys and sidewalks, and for widening, straightening and grading or in any way changing or altering the streets and alley lines and sidewalks in said city and when said mayor and council desires to exercise the power and authority as to condemnation herein granted, it may be done whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent and shall be done in the manner prescribed by the general laws of Georgia. The mayor and council shall have full power and authority to remove or cause to be removed any buildings, steps, fences, tree, gate, post, or other obstructions or nuisances in said city and to enforce the provision of this section by appropriate ordinance. Streets, control of. Condemnation. Obstructions. Sec. 35. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority to pave or otherwise permanently improve any or all of the streets, sidewalks or

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alleys of said city now or that may hereafter be opened, laid out or constructed and to lay curbing on any of said streets, sidewalks or alleys. In order to make effective the power and authority above given and to provide funds therefor the said mayor and council shall have full power and authority to assess the actual cost of paving the sidewalks and placing curbing by the same against the real estate abutting on sidewalks on the side of the streets on which the sidewalk is improved. Said mayor and council shall have full power and authority to assess one-third of the cost of paving or otherwise permanently improving any roadway or street proper on the real estate abutting on one side of the street improved and on one-third of the cost on the real estate abutting on the other side of the street so improved, so that the real estate abutting on both sides of the streets shall not together be assessed more than two-thirds of the entire cost, in the discretion of the mayor and council, and any railroad company having a track or tracks running along or across the street of said town shall be required to pay the cost in full for paving or otherwise improving such street between their tracks and for ten feet on each side thereof. The mayor and council shall have authority to pave or otherwise improve and contract to pave, or otherwise improve the whole surface of any street, sidewalk, or alley of said city without giving any railroad company or other property owner or occupant on the street or abutting the street the option to have the space to be paved or improved by them, by themselves, or by contract at this or their instance, the object being to prevent delay and securing uniformity. The amount of the assessment on each piece of real estate abutting on the streets, sidewalks or alleys improved shall be lien on said real estate from the date of the passage of the ordinance providing for this work and making the assessment and the mayor and council shall have full authority by ordinance to enforce the collection of any amount so assessed for such paving or improving either upon the streets, sidewalks or alleys by execution to be

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issued by the city clerk against the real estate so assessed and against the owner thereof, which execution may be levied by any policeman of said town on such real estate, and after advertising as in case of sale of realty for town taxes, the same may be sold at public outcry, to the highest bidder, and such sale shall vest the absolute title in the purchaser thereof; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, stating what amount he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received, which affidavit when received, shall be returned to the Superior Court of Emanuel County and there tried and the issue determined, as in the case of illegality, subject to all the penalties provided by law in cases of illegality filed for delay only. The lien for assesment on abutting property on streets or railroad property, or other property for street, sidewalk or alley, pavement or other permanent improvements shall have right and priority of pavement next in point of dignity to liens for taxes, such lien to date from the passage of the ordinance authorizing the work in each case. Street improvements. Assessments. Lien. Execution. Levy and sale. Affidavit of illegality. Priority of lien. Sec. 36. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority and power to regulate by ordinance the speed at which automobiles, bicycles, railroad trains and other vehicles of any kind, shall be driven over or through the streets, alleys, or public places in said city, and to prohibit the use of public sidewalks of said city by other than pedestrains and to punish violations of such rules or ordinances as they may pass on this subject and said mayor and council shall also have power and authority to regulate the blowing of whistles and signals by locomotives in the corporate limits of said city and to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public over any public crossing or street within said city. Speed of vehicles, etc.

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Sec. 37. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to require any railroad running through said city or any part of said city, to make and repair such public crossing for pedestrians or vehicles over or across their several roads whenever or in such manner as said mayor or council shall deem necessary to place or repair such crossings, or to open and keep open any street in said city and said mayor and council may pass any ordinance needful for carrying out the provisions of this section, and in case any railroad shall fail or refuse to make any repairs over said crossing after fifteen days' notice in writing to be signed by the clerk of council notifying them to do said work, then should said railroad company fail to comply with said notice the said mayor and council shall have the power to have said work done and charge the actual cost of said improvements to said railroad company and shall have a lien on the property of the railroad company for the work done in the amount actually expended and may have execution issued therefor and levy and collect the same as in the case of tax executions. Railroad crossings, repair of. Sec. 38. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power and authority to grant franchise, easements and right-of-way over or along the public streets, lands, alleys, sidewalks, parks and other property of said city on such terms and conditions as they may fix by ordinance, provided, that no franchise or easement of right-of-way shall be granted without fair and adequate compensation to said city to be provided for in said franchise ordinance. Franchises and easements. Sec. 39. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to lay down, construct and repair sewers and a sewerage system in said city, including the disposition of sewerage matter and to assess the sum of not more than 75 cents per lineal foot for constructing such

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sewers upon the property and estates abutting on said sewer on each side of the street, along which said sewer is laid or constructed and they shall have full power and authority for the presentation and protection of all sewers in said city to direct and control the time, manner and places where connections shall be made. Sewerage. Sec. 40. Be it further enacted by the authority aforesaid, That the mayor and city council shall have full power and authority to control by ordinance all city pipes, sewers, drains, private drains, water closets, privies and the like in said town and to prescribe their location, structure and use and to make such rules and regulations and to pass such ordinances concerning them or their use in all particulars as they may deem best for the preservation of the health and comfort of the inhabitants of said city. The said mayor and council shall have full power and authority to condemn and compel the disuse of the same when they do not conform to the kind prescribed for use by the mayor and council whenever they shall become and be declared by the mayor and council a nuisance. Drainage; regulatory powers. Sec. 41. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority to declare what shall be deemed a nuisance, to health and morals in said city and provide for the abatement of same, the Mayor's Court of said city shall have concurrent jurisdiction with the mayor and council, with respect to the trial and abatement of all jurisdiction with mayor and council with respect to the trial and abatement of all nuisances in said city. Nuisances. Sec. 42. Be it further enacted by the authority aforesaid, That the mayor and council of said city may provide by ordinance for the form of all accusations, affidavits and warrants to be issued in all trials or violations of the city ordinances and the procedure in all such trials, all executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessments, taxes

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or other claims demanded or debt shall be issued by the clerk and bear test in the name of the mayor and shall be directed to the marshal of said city and to all and singular the sheriffs and constables of this State, and shall state for what issued and made returnable to the mayor and council of said city that all levies and sales thereunder arising by virtue of any process issued in favor of said city which is levied by the marshal of said city, the sale if upon personal property shall be advertised by posting notices at three public places in said city for ten days before said sale describing the property and under what process same is to be sold; provided, however, that in case of personal property that is expensive to keep or liable to deteriorate in value, the levying officer may serve the defendant, if a resident of said city, with written notice that within twenty-four hours he will make application to the mayor of said city to sell property after advertising same, as above provided for three days; provided the said defendant fails to replevy said property before the day of sale, whenever any real estate is levied upon by virtue of any process issued by the authorities of said city it shall be the duty of the marshal to advertise said real estate in the official organ of Emanuel County and sell the same before the courthouse door of said county between the legal hours of sale. Whenever at any sale of property for taxes due said city is made or any other process in which there is a lien against the property in favor of said city the mayor shall have the right to designate some officer of said city to attend the sale and bid upon said property and in the event that said property does not bring a sufficient amount to pay indebtedness that he may if in his discretion the property is worth the amount, buy in said property for said city, the marshal of said town shall make to the mayor and council deeds to said property, provided however, that the owner of said property at the time of sale shall have the right to redeem said property within twelve months by paying the purchase price with the legal rate of interest thereon and an additional penalty of ten per cent.

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upon the principal paid for said property. The clerk of said city shall keep a book wherein he shall enter all executions issued in favor of said town and all levies and sales by virtue of said execution shall be entered on said book, and when said executions shall be entered on said book, and when said executions are satisfied same shall be returned to his office by the marshal and there marked satisfied on said book. Accusations, affidavits, warrants, procedure, executions, levy and sale, etc. Advertisement, levy and sale. Redemption. Sec. 43. Be it further enacted by the authority aforesaid, That any one of the officers of said city who may be sued for any act or thing done in his official capacity may be justified under this charter and the provision of this charter may be pleaded and shall be a full defense to any action brought against the Mayor and Council or any official of said city for any act or acts done by them or either of them under and in accordance with the ordinances passed in pursuance thereof. Officer justified. Sec. 44. Be it further enacted by the authority aforesaid, That the Mayor and Council of said City of Adrian shall have full power and authority to borrow money to supply casual deficiencies of revenues, in so far as the same is permissible under the Constitution of this State. It shall also have power to issue bonds or contract other indebtedness for improving streets, by pavement or otherwise, by establishing electric lighting plant, sewers, and a water works system for said city, or any other improvements for said town which they are authorized to construct but no bonds or other indebtedness created shall be in excess of the amount prescribed by the Constitution and upon the terms and conditions therein stated and after fully complying with the general laws of this State touching the issuance of bonds and the contracting of indebtedness by municipal corporations. Borrowing. Bond issue. Sec. 45. Be it further enacted by the authority aforesaid, That said City of Adrian shall have all the powers

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that may be necessary for the execution of the powers herein enumerated. Powers. Sec. 46. Be it further enacted by the authority aforesaid, That all ordinances, rules and by-laws heretofore passed by the Mayor and Council of the said Town of Adrian, in pursuance of and under and by virtue of a charter for the Town of Adrian, approved Dec. 19th, 1899, and all laws amendatory thereof, shall remain of full force and effect and be and are hereby made a part of this charter for the purpose of the enforcement of the laws, ordinances, rules and by-laws of said Town of Adrian, and that all contracts of indebtedness made by said town is hereby declared to be of full force and effect and of the same dignity and legal effect under this charter, as under the charter approved December 19th, 1899, and laws amendatory thereof, and that all liens for indebtedness of every kind and character held by said town against any person or property shall be and remain of full force and effect and with the same legal liability as provided under the charter approved December 19, 1899, and all ordinances, rules and by-laws made and of force under the same. Ordinances, rules and by-laws remain effective. Contracts. Sec. 47. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920. ALAMO SCHOOL ACT AMENDED. No. 691. An Act to amend An Act to establish a system of public schools in the Town of Alamo, 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 for their power and duties, and for other

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purposes; to provide for bonds and voting in thereof for the purchase or lease of property in which to carry on said school system, after submitting the same to the qualified voters of the Town of Alamo, and the same is ratified by two-thirds vote thereof, and for other purposes, by striking the words ten thousand dollars in the third line of Section 15 and inserting in lieu thereof the words thirty thousand dollars, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That An Act to establish a system of public schools in the Town of Alamo, Georgia, to provide for the carrying on, management, control and support of the same; to provide a Board of Education and other officers of said school system and prescribe for their powers and duties, and for other purposes; to provide for bonds and voting in thereof for the purchase or lease of property in which to carry on said school system, after submitting the same to the qualified voters of the Town of Alamo, and the same is ratified by two-thirds vote thereof, and for other purposes, approved August 16th, 1913, be and the same is hereby amended by striking from the third line of Section 15 the words ten thousand dollars and inserting in lieu thereof the words thirty thousand dollars, so that when amended the said Section 15 shall read as follows: Be it further enacted, That the Mayor and Council of Alamo shall have power and authority to issue bonds of said town, not to exceed thirty thousand dollars, or so much thereof as in their judgment may be necessary, for the purchase of a suitable lot for school buildings, and erecting thereon school buildings thoroughly equipped for school purposes. Said bonds may be issued of such denominations and with such rate of interest, not exceeding six per centum per annum, as the said Mayor and Council may determine, and shall run for a term not exceeding thirty years, and said Mayor and Council may

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provide for the maturing of said bonds at any time during said thirty years and for the returning of said bonds, together with accrued interest, at stated periods during said time, and said Mayor and Council 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 said Board of Education to be used by said Board for the school purposes aforesaid. Act of 1913 amended. To be read. Bond issue. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. ALBANY SCHOOL ACT AMENDED. No. 446. An Act to amend an Act 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 the same; to establish a Board of Education to conduct the same; to define the powers and duties of said Board; to provide for the ratification of this Act by election, and for other purposes, approved August 21, 1906, and the Act amendatory thereto approved August 9, 1916; to provide for the ratification of this Act by election, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the corporate authorities of the City of Albany having recommended the same, the Act of said General Assembly, approved August 21, 1906, entitled An Act to provide for a system of public

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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 of the same; to establish a Board of Education to conduct the same; to define the powers and duties of said Board; to provide for the ratification of this Act by election, and for other purposes, and the Act of the General Assembly approved August 9, 1916, amendatory to the above mentioned Act, 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 of the same; to establish a Board of Education to conduct the same; to define the powers and duties of said Board; to provide for the ratification of this Act by election, and for other purposes, be and the same are hereby amended as follows, to-wit: By striking from Section 8 of said original Act, approved August 21, 1906, the clause or words Three-tenths of one per cent., occurring between the words exceeding and in, and substituting therefor the following words or clause, to-wit: Not exceeding four-fifths of one per cent., and by striking from Section 1 of said amendatory Act, approved August 9, 1916, the clause or words two-fifths of one per cent., occurring between the words to-wit and so in the 17th line of said section as published, and between the words exceeding and in in the 24th line of said section as published, and substituting therefor in both places the words or clause not exceeding four-fifths of one per cent., so that said Section 8 of original Act, approved August 21, 1906, and said Section 8 as it appears in said Section 1 of said amendatory Act, approved August 9, 1916, when amended as herein provided shall read as follows, to-wit: Section 8. Be it further enacted by the authority aforesaid, That the City of Albany be and it is hereby authorized and required and empowered, upon request or recommendation of said Board of Education, to levy and collect, as

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other taxes are collected, a special tax upon all the taxable property of said city not exceeding four-fifths of one per cent. in addition to all other city taxes now authorized, and said special tax shall be known as the school tax, and paid over to the Board of Education, to be used for school purposes only, as the needs of said school may require. Acts of 1906 and 1916 amended. Sec. 8 to be read. School-tax rate. Sec. 2. Be it further enacted by the authority aforesaid, That before the provisions of this amending Act shall become operative it shall be submitted to a vote of the qualified voters of said City of Albany, and the Mayor and Council of said city shall, within thirty days after the approval of this Act, or as soon thereafter as may be practical, order an election to be held in said city for the ratification of this Act, under the same rules and regulations that govern elections in and for said city, and shall publish notice of said election once a week for four weeks prior to said election in the newspaper in which the advertisements of the Sheriff of Dougherty County are published. All persons qualifying to vote under the rules and regulations governing elections in and for said city shall be entitled to vote in the election herein provided for, and those voting and desiring to vote in favor of the amendment provided for in this Act shall have written or printed on their ballots For amendment to School Act, and those desiring to vote against the amendment shall have written or printed on their ballots Against amendment to School Act; and if two-thirds of those voting in said elections shall vote For amendment to School Act, then this Act upon the results of said election being, by resolution of the Mayor and Council of said city, spread upon their minutes, so declared, shall become immediately operative and of full force and effect. In the event the amendment fails to carry, the same question may be resubmitted to said qualified voters, as herein provided, as often as every six months after date of the preceding election upon application therefor, in writing,

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by as many as twenty-five freeholders of said city, made to the Mayor and Council and spread upon their minutes. Submission to popular vote. Ballots. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith shall be and the same are hereby repealed. Approved July 29, 1920. ALPHARETTA, TOWN OF INCORPORATED. No. 449. An Act to incorporate the Town of Alpharetta; to repeal the present charter; to provide for the election of the Mayor and Mayor pro tem, and City Council thereof; to define its powers of taxation; to give the Mayor and City Council the right and power to enact ordinances and to provide penalties for the same; said penalties not to exceed a fine of one hundred dollars, and imprisonment or work on the streets not more than sixty days; to create the incorporation of the Town of Alpharetta and to lay out and mark the boundaries of the same, and to give it all the power that is usual and necessary to such a municipal incorporation; and to sell and buy and condemn property for any necessary purposes and to grant franchises, and to empower the Mayor and Council to elect clerks of Council and marshals for said town and to prescribe the fees and salaries of its municipal 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 authority of the same, That from and after the passage of this Act the inhabitants of the territory to be hereinafter embraced in the corporate limits of Alpharetta, located in the County of Milton, State of Georgia, be

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and they are hereby incorporated under the name and style of the Town of Alpharetta, and by that name shall be and are hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, privileges, titles, property, easements, that are incident to municipalities of this class, and the said Town of Alpharetta may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through and by its Mayor and Council such ordinances, rules, regulations and resolutions for the transaction of its business and to the welfare and proper government of said town as such Council and Mayor may deem best and most advisable, and which shall be consistent with the laws of the State of Georgia, and of the United States, and the said Town of Alpharetta shall be able by law and is hereby authorized and empowered to purchase, hold, rent, lease, receive by donation or otherwise, sell, exchange, enjoy, possess and retain either temporary or perpetually for any period of time any property, real or personal, any estate, lands, tenements or hereditaments of any kind whatsoever whether within or without the corporate limits of said town, for corporate purposes. Corporate name. General powers. Said Town of Alpharetta as incorporated by this Act shall succeed to all the rights of, and is hereby expressly made responsible, as a body corporate, for all the legal debts, liabilities and undertakings of the said Town of Alpharetta, its Mayor and Council, as a body corporate, as heretofore and previous acts incorporated. Succession to rights. Sec. 2. Be it further enacted, That the corporate limits of the Town of Alpharetta shall be bounded by the circumference of a circle, the center of which shall be the center of the county court house, and from this center the corporate limits shall extend three-fourths of one mile in all directions and all the territory embraced in said circle shall be within the corporate limits of said town. Territorial limits.

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Sec. 3. Be it further enacted, That the government of the Town of Alpharetta shall be vested in a Town Council, and from said Town Council a Mayor and Mayor pro tem shall be elected. The Councilmen, together with their qualifications and manner of election will be hereinafter set out. Governing body. Sec. 4. Any male resident of said town who shall be twenty-one years of age, white, a freeholder of real estate within said town who shall have been a resident of the State of Georgia for a period of twelve months, and of the town of Alpharetta for six months, and who shall have paid all State, county and municipal taxes, shall be eligible to the office of Mayor or Councilman of said town, such resident referring to a period immediately preceding the appointment or election of such person to such office or offices. Eligibility to office. Sec. 5. Be it further enacted, That on the first Monday in January, 1921, and annually thereafter on the same day, an election shall be held in said town at the court house, the usual place for holding elections, for the purpose of electing a Council for said town, whose term of office shall be one year, or until their successors are elected and qualified. Their term of office shall begin on the first day of February following their election. At said election five Councilmen for said town shall be elected and from that number the Council shall elect its Mayor and Mayor pro tem. In case no election is held at the regular time to elect the Councilmen as provided by this Act, a special election may be called by the acting Mayor and Council to be held on some other day, first giving twenty days notice of such election, by posting a notice thereof in front of the court house door in said town. Elections. Term of office. Sec. 6. Be it further enacted, That all the elections under the provisions of this charter, whether regular or special, and whether for the election of officers, or for the submission to the people of said town for the

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issuing of bonds, or for any other purposes for which an election may be held in and for said town, shall be superintended and managed by at least three free holders of said town, who shall be appointed by the Mayor for that purpose. In case no appointment is made, then any three citizens having the qualifications so prescribed, may act. Each of said managers before entering upon his duties, shall take and subscribe before some officer authorized by law to administer oaths, or before one of their members, 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 powers, so help us God, and shall conform to the other election laws of the State that are applicable to general elections. Management of elections. Oath of managers. The place of holding the election shall be in the court house for said county located in said town at the usual place for holding elections, and shall be held between the hours of ten o'clock A. M. and three o'clock P. M., and shall be by written or printed ballot. Those receiving a plurality of the votes cast shall be declared elected. The election managers and officers shall keep tally sheets and list of voters and shall certify the result of the election, sign the same, shall place in a sealed package, and deliver it to the then acting Mayor, who shall keep the same under seal until the first meeting of said Council not less than ten days after the date of said election at which time and in the presence of said Council or a quorum of the same he shall open the same and declare the result, and if any person or persons desire to contest said election, notice of said contest must be filed in writing with the Ordinary of Milton County, plainly setting forth grounds of contest, within three days after declaring the result of said election, and upon payment of ten dollars as a guarantee of cost, to said Ordinary, in advance, by the contestant or contestants, as the case may be, the Ordinary shall within two days after the contest is filed, make out a copy of the same

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and cause it to be served by the Sheriff, or his deputy, on the contestee; 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 the contending parties shall have five days notice. The contestant shall pay the Sheriff or his deputy, in advance, two dollars for service and the contest shall be held at the court house in said town. 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 may issue the usual execution, if it becomes necessary. Place and time. Certificate. Result to be declared. Contest. Service. Hearing. Fee. Sec. 7. Be it further enacted, That every male citizen of the Town of Alpharetta as incorporated under this Act, who is twenty-one years of age and who shall have resided in the State of Georgia for twelve months and in the Town of Alpharetta for six months next preceding the election, and who has legally registered as a voter, and who shall have paid all taxes that may have been demanded and required of him except for the year of election, and who has paid all fines, licenses, business taxes and registration fees, and who has not been convicted of any crime involving moral turpitude unless pardoned, shall be qualified to vote in any election for said town for any purpose whatsoever. Voters qualified. Sec. 8. Be it further enacted, That after the Council for said town is elected in the way and manner herein prescribed, before entering upon the discharge of their duties they shall elect from their number a Mayor and a Mayor pro tem, and a clerk or clerks, and a marshal or marshals, and the said Council, together with the Mayor, shall take and subscribe before some officer authorized by law to administer oaths the following oath: I do solemnly swear that I will well and truly perform the duties of Mayor and Councilmen to the best of my skill and ability as shall seem to me the best interest and welfare of said town without fear, favor, or affection, so help me God. Oath of office.

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Sec. 9. Be it further enacted, That the Mayor and Council may select any citizen or citizens in or out of said town to act as marshal or marshals for siad town, said marshal or marshals to give a good and solvent bond to the said Town Council and their successors in office in a sum of two hundred dollars, said bond to be approved by the Mayor for a faithful discharge of their duties as marshal or marshals of said town. And said Mayor and Council after their said election and qualification may elect such subordinate officers for said town as they may think the public welfare may require. The Mayor and Council to prescribe the duties of such officers, their compensation and their oaths of office, together with such bonds of a faithful carrying out of the same. All said officers shall hold at the pleasure of the Mayor and Council. The Mayor and Council, if the marshal or marshals of the town shall fail or refuse to discharge their duties, then and in that event shall dismiss said marshal or marshals and employ others in their place and stead. Marshals. Other officers. Duties, oaths, pay, removal. Sec. 10. Be it further enacted, That the Mayor and two members of the Council shall constitute a quorum for the transaction of any and all business before the Council, and a majority of the votes cast shall determine all questions coming up for deliberation before that body. Quorum of council. Said Mayor and Council shall hold their meetings within the limits of said town at a stated time and place as they may deem fit and proper, and they may have any special meeting of said body and they shall have as ample power at a special meeting as at a regular meeting. Meetings. Sec. 11. Be it further enacted, That during the sickness, absence or disqualification of the Mayor the Mayor pro tem shall act and shall be clothed with all the rights and privileges and duties of the Mayor. Mayor protem. In case of a death, resignation or removal from office of the Mayor the Mayor pro tem shall order an

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election to fill said vacancy as is prescribed in Section 5 of this Act, and in case of a vacancy or vacancies in the office of Council or Councilmen it shall be filled by an election to be ordered by the Mayor or Mayor pro tem, or the Town Council, in the way and manner prescribed in Section 5 of this Act. Vacancy in office. Sec. 12. Be it further enacted, That the present officers of the Town of Alpharetta, to-wit: G. B. Walker, Mayor; C. P. Norman, member of Council; Eli Broadwell, member of Council; B. F. Manning, member of Council, and T. E. Mayfield, member of Council, be and they are hereby declared and appointed the lawful officers of the Town of Alpharetta, under this charter, until the expiration of the term for which they are elected as members of the Town Council, and until the election and qualification of their successors as provided in this charter. Present officers designated. Sec. 13. Be it further enacted, That all corporate rights, powers and privileges now possessed, and all duties imposed by laws upon the municipal corporation as heretofore existing under the name and style of Mayor and Council of the Town of Alpharetta are hereby preserved; and all resolutions, regulations and ordinances heretofore adopted by the authorities of the Town of Alpharetta and in force at the time of the approval of this Act, shall remain in force, save such as are in conflict with the provisions of this Act. Such ordinances, rules and regulations may be hereafter amended by or repealed by the authorities of said town as they deem fit and proper; all property and property rights now held, owned or possessed by said town and all obligations of every kind and character, due to or by said municipal corporation, shall remain unaffected and of force. All pending suits or claims by or against said town are preserved intact and unaltered. Corporate powers, etc., reserved. Sec. 14. Be it further enacted, That the Mayor of said town, or, in his absence or disqualification, the

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Mayor pro tem or in the absence or the disqualification of both of these officers, any one of the Councilmen shall hold a Mayor's Court for the trial of all persons charged with violating any of the ordinances, orders, by-laws, rules and regulations of said town and on conviction shall punish such offenders by a fine not to exceed one hundred dollars, or imprisonment in the common jail 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 one or more of such punishments may be ordered and imposed in the discretion of the Court, and the offender or offenders shall be liable for the cost of said proceedings. Said Mayor's Court shall have full power to punish by fine, imprisonment, or work on the streets of said town persons guilty of contempt to said Court, said fine in no case to exceed ten dollars and imprisonment or work not to exceed ten days. Said Court shall have full power to issue executions directed to the marshal or marshals 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 common jail or guard house of said town any and all persons who may be convicted of offenses under this Act or the ordinances and regulations passed in pursuance thereto, where the penalty is imprisonment, and to imprison in said guard house or jail 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 are arrested for the violation of any of the ordinances, rules or regulations of said town, the marshal shall take a bond in the amount so fixed, payable to the Town of Alpharetta, and said bond and its securities to be approved by said presiding officer or in lieu thereof the marshal may take the cash deposit of said amount and if said offenders shall fail to appear at the time and

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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 Alpharetta. 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 after the trial of said case, appeal his case to the Council, presided over by the Mayor, or Mayor pro tem as the case may be, and from the decision of said Council may cartiorari his case to the Superior Court of Milton County, Georgia, upon complying with the law in such cases made and provided. Mayor's court. Punishment. Enforcement. Bail. 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 place and 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, or mayor pro tem or acting mayor and an execution issued thereon by serving the defendant, if to be located, and if not to serve his security with the rule nisi at least five days before hearing rule nisi, both principal and security shall be served with said rule nisi by leaving copies of said rule nisi upon the principal and sureties of said bond, five days before the sitting of the court to which it is made returnable, either personally or by leaving the same at the most notorious place of abode of the person upon who service is perfected or by publishing the same once a week for two weeks prior to the sitting of the court in the official organ of Milton 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

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against the principal and his or her securities on said bond, or such of them as have been served for the full amount thereon 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 Town Council of Alpharetta, and shall have the lien and binding effect upon the property of the defendant therein named as executions issued upon judgment in the Justice or Superior Court of this State. Said executions shall be directed to the marshal or marshals of Alpharetta, and to all and singular the sheriffs, deputy sheriffs, and constables of this State, by any one of whom the same may be levied. Trials. Appearance bonds. Forfeiture. Execution. Section 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 rendered, and provided, further, the defendant pays accrued cost in the case and gives the 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 convenient, investigate the case fully as if the same had not been tried, that is to say de novo they shall have power, if they find the defendant guilty, to increase or decrease the fine imposed by the mayor. Any person convicted by the Council on appeal shall have the right of certiorari to the Superior Court of Milton County, provided all costs are paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and it is further provided that nothing in this section shall prevent the defendant who desires to appeal his case or to certiorari the same to the Superior Court to file the usual pauper affidavit in lieu of giving the bond and security for paying the cost. Certiorari shall be governed by the same rules that govern in other certioraris, except as above specified. Appeal and hearing. Certiorari.

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Section 17. Be it further enacted, That it shall be lawful for the marshal or marshals 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 ordinances of said town or who has reasonable belief or reliable information has or have been guilty, and to hold such persons so arrested until a speedy hearing of the case before 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 or jail of said town, for a reasonable length of time. The marshals of said town are also authorized to arrest anywhere 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 Alpharetta. The Mayor and Council of said town shall have power and authority to authorize and empower the marshals of said town to summons any and all bystanders to aid in the arrest of any person or persons violating any ordinance of said town or any criminal law of this State and to provide punishment for any person or persons failing or refusing to obey such summons. Arrests and imprisonment. Sec. 18. Be it further enacted, 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

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to examine tax returns placed before them by the clerk of said town and increase the validation of real or personal property therein, when in their judgment the value placed thereon by the tax payer is too small, the Mayor and Council shall have power to prescribe rules for the government of said town tax assessor. Said assessors shall have 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 assessment, 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 hearing 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 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 tax payers to furnish them with a list of all personal property, notes, accounts, mortgages, stocks, bonds and other securities and investments when in their opinion the production is necessary for a correct, just and true assessment. All assessments so made by said assessors of real estate shall become final, if no objections are made on or by the day set for hearing objections by said Mayor and Council, notice having been given of such hearing, and if objections are made at the time of the hearing and assessments, the decision of said Mayor and the Council on said assessment, whether they increase or decrease, shall be final. Tax assessors. Tax returns. Notice to owner of property. Oath and power of assessors.

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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 execution shall be issued against those who have not paid their taxes by the time fixed by said ordinance or ordinances 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. Taxing powers. Sec. 20. Be it further enacted, That the Mayor and Council shall have full power and authority to license, regulate and control, and collect such taxes as to them shall seem proper, upon billiard tables, pool tables or any and all other tables kept and used for the purpose of playing or gaming, or renting, and on all ten-pen 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 medicine, soap, notions, wares or any and all other articles of merchandise, being sold or offered for sale either for himself or for another, upon merry-go-rounds, doll racks, knife racks, shooting galleries and all other business of like character; upon all insurance companies, accident 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 of all itinerant shows, circus, riding, moving picture shows and all slight of hand tricks of any kind whatsoever, 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,

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fine and imprisonment of anyone failing 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 to 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, twenty dollars to be the limit under this clause. Licenses of occupations. Special taxes. 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 other public places in said town and shall have power and authority to maintain, work or improve the same in any manner they may deem to the best interest of said town, and shall have authority to buy and condemn property of all kinds for the purpose of widening, straightening, grading or in any way changing said streets, or for the purpose of laying out and building new streets, alleys or public ways in said town; and when it becomes necessary to condemn property for said purposes or any other purpose; said condemnation may be done in accordance with the Sections 5206 to 5235, inclusive, of the Code of Georgia, of 1910, and the Acts amendatory thereof, and the general laws of this State relating thereto. The Mayor and Council shall have the further right, power and authority to provide and regulate or have the same done, the curbs, gutters and other sluiceways or drains emptying into the streets, sidewalks, alleys or other public ways in said town. Streets, powers as to. Condemnation of property. 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 light or lighting plant, a system of water works, and a system of sewerage, and to that end shall have full power and authority to acquire by purchase, gift, or condemnation

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proceedings all necessary land or lands, easements, water supply and franchises. Lights and water. Sec. 23. Be it further enacted, That in the event the said Town of Alpharetta cannot procure by purchase the necessary land or lands for the right-of-way of streets, water ways, for the construction of a lighting system, water works and sewerage, then the Mayor and Council of said town will have a right to exercise the power of eminent domain and to condemn such land, easement, right of way of water ways, and franchises, in the manner and way as provided by the laws of this State for such purposes. Said lighting plant and water works may be installed and constructed either in said town or out of said town as the Council may deem proper, but the town authorities shall exercise full and complete control of the same. Eminent domain. Sec. 24. Be it further enacted, That the Mayor and Council of the Townof Alpharetta shall have full power and authority of laying the necessary water mains, pipes, conduits and drains for water works and sewer purposes and the right to erect poles, posts and wires for the purpose of conducting electricity and lighting said town, said rights to apply to the public highways of the County of Milton, and over and across and under the lands of persons, firms and corporations upon payment of just compensation that may be agreed upon or assessed as provided by the laws of this State. Powers. Sec. 25. Be it further enacted by the authority aforesaid, That the Mayor and Council of the Town of Alpharetta shall have power and authority to grant franchises, easements and right of way over, in, under, and on the public streets, lanes, alleys, sidewalks, parks, public squares, and other public property of said town, on such terms and conditions as said Mayor and Council may fix. Franchises and casements. Sec. 26. Be it further enacted, That the Mayor and Council of said Town of Alpharetta may require and

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compel all male persons of said town, subject to road duty under the laws of this State, to work on the streets of said town not exceeding ten days in each year at such time or times as the Mayor and Council may require or to pay 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 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 amount not exceeding twenty dollars or imprisonment in the prison house or jail, or by labor on the streets not exceeding twenty days. Street tax or work. Penalty. Sec. 27. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the said Town of Alpharetta, 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 all other evidences of debt, and of all kinds of property in said town owned or held therein, of not exceeding seventy-five cents on each one hundred dollars worth of property, this tax not to conflict with a levy of tax for the purpose of working streets, roads and side walks and for paying interest on any bonded debt that may hereafter be created or for the payment of the principal of the same. The Mayor and Council are hereby authorized to levy taxes on all of the property above named to pay interest on any and all bonded indebtedness issued by the town and for the improvement of the streets of said town, or for any and all necessary improvements of whatsoever kind and nature. Tax and valorem. Rate. Sec. 28. Be it further enacted, That the said Mayor and Council of the Town of Alpharetta shall have full power and authority to adopt and enforce such ordinances, or regulations as they may deem necessary for the good health and sanitary conditions of said town,

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to control by ordinance all sewers, drains, private drains, water closets, privies and the like in said town, to prescribe their location, structure and use, and to make such regulations 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 Alpharetta shall have power and authority to make and enforce all ordinances 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 violation of the said rules and regulations. They shall have power to establish and maintain and exercise police powers over a pest house within or without said town limits. They shall have power to compel the removal to the pest house of any person or persons who have small-pox or other contagious or infectious disease, when in their wise and intelligent judgment it is best for the general welfare and health of said town. Diseases. Powers. Sec. 30. Be it further enacted, That the Mayor and Council of the Town of Alpharetta 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 Alpharetta 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. Chain-gang. Sec. 31. Be it further enacted, That in case the Mayor or any member of the Council shall be guilty of malpractice or wilful neglect while in office he or they shall be subject to be impeached by the other members of said Council, a majority being sufficient for a removal from said office. Should the Mayor or member

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of Council be dissatisfied with said decision, he may carry the same to the Superior Court of said county by certiorari. Malpractice in office. Certiorari. Sec. 32. Be it further enacted, That the Mayor and Council of the Town of Alpharetta shall have full power and authority to make and levy an assessment for sanitary purposes, and this special tax shall be used solely for sanitary purposes. The Mayor and Council shall have authority to prescribe by ordinance and to make and create rules and regulations for the purpose of keeping and maintaining said town in a healthy and sanitary condition, said money arising from said tax to be expended for that purpose only. Assessments for sanitation. Sec. 33. Be it further enacted, That the Mayor and Council of said Town of Alpharetta shall have power and authority to regulate or prohibit the use of the streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, telegraph, telephone posts, wire for telegraph, telephone or electric lighting for power purposes, electric light or power poles, watering places, hitching posts or racks, and for posting bills and advertising matter, to regulate or prohibit the carrying of hand bills, banners or placards on the streets, sidewalks or public places of said town, and the gathering or holding of public meetings for any purpose therein or thereon, also to compel any telegraph or telephone or electric light or power company, having previously erected poles and wires in said town, to remove the same and to locate the same at any designated place by the Mayor and Council at the expense of such companies. The said Mayor and Council shall have the power and authority, and it is their express duty, under and by virtue of their authority, to regulate by ordinance the speed at which automobiles, bicycles, motorcycles and any all vehicles propelled either by gasoline or electricity, shall be driven over or through the streets, alleys or public places in said town and to punish violations

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of any and all ordinances made in pursuance with this section. Regulation of use of streets, etc. Sec. 34. 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. 35. Be it further enacted, That said Mayor and Council of the Town of Alpharetta 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 Town of Alpharetta 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 loiterers, and idlesome persons, and to pass other ordinances in the interest of public morals and for the suppression of crime and vice in the Town of Alpharetta and, also, the said Mayor and Council of the said Town of Alpharetta 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 Georgia. General welfare. Ordinances. Sec. 36. Be it further enacted, That the Mayor and Council may, when they deem it expedient, establish and maintain a fire department for said town and control the regulations of the same. When established it shall consist of a chief and sufficient number of men and they shall receive such salary as may be fixed by the Mayor and Council, and be employed at the pleasure of said Mayor and Council. The chief shall be the executive

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head and shall make such reports to the Town Council of the conditions of the department as may be required. Fire department. Sec. 37. Be it further enacted, That it shall not be lawful for the Mayor or any member of Council, or any officer of said town, to be interested in, either directly or indirectly, in any contract with the Town of Alpharetta, having for its object the improvement of said town or any part thereof, or the expenditure of any money from the treasury, or in any contract for the purchase or sale of either realty or personalty by or from or to said town, or in any contract for the furnishing of materials, or labor or goods, wares or merchandise to said town 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 the section shall be subject to impeachment as herein provided and said contract shall be void and upon being removed from office by said impeachment proceedings as provided in this charter, such persons shall not be qualified to hold any office or position with or in the government of said town or any department thereof for a term of five years thereafter. Interest in contracts forbidden. 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 all machinery located in said town, and for the inspection of steam boilers, and by proper ordinances to require the owners to keep the same in said condition as to be safe for the residents of said town, together with their property, and also regulate the times of blowing the whistle and character of noise they make; 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 and shops, or the building

Page 708

of bon fires; 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 game and hunting within the corporate limits of said town, or if permitted to regulate the same. Inspection and regulation of dangerous things. 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 said town, land or ground suitable for 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 and make all necessary rules and regulations for the protection, care and keeping of all shade trees on the streets and public places of said town, and to that end and for that purpose they are hereby authorized to make and create ordinances for the purpose of effectually carrying out this section of said charter. Parks. Sec. 40. 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 for this purpose may enact such ordinances and provide such penalties as said Council may deem proper for the violation of this section, or any ordinance or ordinances or regulations made in pursuance with the same. Said town authorities shall have power and authority upon complaint and proof of any house of ill fame, where lewdness or gaming is permitted, allowed or practiced, may be prevented or abated by causing the occupants thereof to be forcibly removed, if it becomes necessary, after three days notice to the occupant that the same must be vacated, or if any owner or agent of property located in said town, who shall, after the notice of that character of the inmates, continue to rent or suffer them to remain on said premises,

Page 709

shall be deemed to be guilty of violating this section and may be punished in the way and manner set out in this charter for the violation of any of its rules and regulations. Lewdness, gaming, etc. Houses. Sec. 41. Be it further enacted, That the Mayor and Council of said town shall have power and authority to prohibit by proper ordinance of the running at large in said town horses, sheep, goats, hogs, mules, cattle and all other animals and fowls, and to regulate the manner that hogs shall be kept in said town, if allowed to be kept therein, same being in the discretion to regulate the manner and places in which they may be kept. Also to impound all such animals or fowls found upon the streets or public places of said town, or upon the property of another person without the permission or consent of the owner, and to pay such fees for same as the Mayor and Council may provide and prescribe, and to pay for the keeping of the same the amount so fixed by law for sheriffs and constables should the owner of any animal or animals or fowls fail or refuse to pay any impounding fees or the cost for keeping the same, then and in that event said animals or fowls may be sold at public outcry before the court house door, and the proceeds applied to payment of said cost and fees for keeping the same, and if any remain over after the payment of all the cost attached to said sale, the same shall go to the owner of said property. Said sale to be conducted in the way and manner as is now set out and prescribed by law, and the same rules and regulations governing constables sales or sheriffs sales shall be applicable to the sale or sales as set out and contained in this section. The authorities of said town may pass any and all ordinances necessary for the purpose of effectively enforcing and carrying out this section. Animals at large. Impounding; fees, sales, etc. Sec. 42. Be it further enacted, That should any person or persons violating any of the ordinances, rules or regulations of said town flee from the jurisdiction thereof,

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he or she may be apprehended or arrested wherever found in this State, and warrants of the Mayor shall be sufficient authority for his or her arrest and return to said town for trial upon the charge as alleged and set out in said warrant; should any person after trial and conviction escape, such persons may be arrested wherever found in this State, and the warrant of the acting Mayor shall be sufficient authority for said arrest and return to said town, and said authorities may prescribe by ordinance additional punishment for said escapes by detention in common jail of said county, or by fines or additional work upon the streets, and for the effectually carrying out this section, the said town authorities are hereby authorized to pass any and all necessary ordinances for said purpose. Fugitives from justice. Escapes. Sec. 43. Be it further enacted, That the Mayor of said town, or the Mayor pro tem, as herein provided, shall have jurisdiction to try all persons charged with violation of any law or ordinance, rule or rules, or regulations of said town, and to punish such persons, when properly convicted, by a fine not to exceed one hundred dollars, and imprisonment or work on the streets not to exceed sixty days, any one or all of these punishments may be inflicted in the discretion of the Mayor, or person so acting in the trial of defenses. Said Mayor's Court shall be presided over by the Mayor or Mayor pro tem, or some member of the Council, as herein provided. Said Court shall have power to impose such penalties for violation of the charter or the ordinances of said town as herein made and authorized in said charter, also to fine or imprison for contempt; and the collection of all fines may be enforced by execution, directed and returned as other executions and as provided for in this Act. And the Mayor shall enforce all fines, sentences and judgments and orders of said court by directing the same to the marshal of said town or marshals and sheriffs and constables of this State, and in all prosecutions under this Act and the ordinances in pursuance thereof,

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may be commenced by affidavit as prescribed in Section 905 of the Penal Code of Georgia, of 1910, upon which a warrant may issue and be signed by the presiding officer of said Court, which may be in the form of a warrant described in Section 906 of the Penal Code of Georgia, of 1910, except that it shall be directed to the marshal or marshals of said town and shall require the accused to be taken before the Mayor of said town for trial, and on this warrant and affidavit, the issue of guilty or not guilty shall be determined, with the right of appeal and certiorari from the decision of said Mayor as provided in this Act. It only being necessary in such affidavit to describe the offense alleged with such particularity that the presiding officer of said court and the accused may understand the nature of the charge and no more; and if such affidavit and warrant should be dismissed for want of formality, either on motion or demurrer before trial or be detected afterward, and at any time before judgment, and whether the case is pending before judgment, and whether the case is pending before th Mayor's Court, or on appeal before the Council, same may be dismissed or withdrawn, and another sued out, and so on until one shall be drafted sufficient for said purpose and when the accused is arrested for any violation of this Act or the rules and regulations provided for in this charter, he may give bond for his appearance as herein made and provided, and the same shall be forfeited in the way and manner herein set out, all executions in favor of said town for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claims, in whatever manner it shall arise, shall be issued by the clerk of said Council and bear test in the name of the Mayor or presiding officer of said town except where otherwise provided, and shall be directed by the marshal or marshals of said town and the sheriffs and constables of said 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 marshals or other acting officer to levy the same and advertise

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the sale of any real or personal property so levied upon in the same manner as sheriffs' sales of real estate or constables sales of personal property are required by law to be made. Said sales hereunder shall be made at the place and within the usual hour for sheriffs and constables sales, and under the same rules as govern sheriffs and constables sales of similar property. The clerk of said town shall enter on his execution docket to be kept by him, giving the date, amount of each, to whom delivered, the return and all proceeding thereunder; said execution after being satisfied shall be returned to the office of said clerk and there marked satisfied. 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 purchases of property so sold by them in possession. And they shall receive the same fees for the sale of property as are provided for sheriffs and constables as now prescribed by law. Power to try and punish. Penalties. Contempts. Procedure. Bond forfeiture. Executions. Levy and sale. Sec. 44. Be it further enacted, That the Mayor and Council of said Town of Alpharetta shall have power and authority to pass any and 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 they may deem necessary and advisable, and to enforce said 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, and that is necessary to carry out fully and completely the powers granted to the authorities of said town under and by virtue of this charter, 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 all other acts and exercise all other powers herein conferred or that may be done or exercised under the

Page 713

laws of this State, conferring powers on municipal corporations and not inconsistent with the laws of this State or the United States. It is further provided that all ordinances, by-laws, rules and regulations heretofore adopted for the Town of Alpharetta which are now of force and not inconsistent with any of the provisions of this Act, shall remain in force until modified, repealed or amended, by the Mayor and Council of said town. Ordinances, power to adopt. Existing laws. Sec. 45. Be it further enacted, That said Mayor and Council be and they are hereby authorized to issue bonds for and in the name of said Town of Alpharetta for any of the following purposes, to-wit: For building and equipping public school building for said town; for establishing water works, sewerage and drainage system for said town, and laying water mains and sewers for the same; grading, laying out, paving, macadamizing, repairing and improving the public streets, highways and alleys in said town, building and installing one or more crematories within or without said town; constructing and installing an electric light and power plant, or gas plant, for the purpose of furnishing said town and its inhabitants with light and power; and also for providing said town with any public utility that the said Town Council may consider desirable or expedient; and, further, for the purpose of building a public auditorium or any other public buildings and works and making any other public improvements that may be needed for said town; and for any and all other governmental and municipal and public purposes. Before any bonds for said town shall be issued for any of the purposes above named, said Mayor and Council shall by resolution or ordinance direct and provide that such bonds 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

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for the holding of an election on the subject and for published notice thereof as provided by the Constitution and laws of Georgia. Such election or elections may be called and had at any time or times, or from time to time, for issuing bonds for any one or more, or all of the aforestated purposes as deemed wise and expedient by said Town Council; provided, always, that the limit of the total bonded indebtedness of said town, as fixed by the Constitution of the State, shall never be exceeded. Should two-thirds of the qualified voters of said town vote in favor of issuing bonds at any election held for said purpose, as hereinbefore provided, and in accordance with the laws of this State, then, and in such event, said Council shall, at and before the time of issuing the bonds authorized by such an election provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all the property of said town, subject to taxation, sufficient in amount to pay the principal and interest of such bonds. Any and all bonds issued by the Town of Alpharetta under the provisions of this charter shall become obligatory and binding upon said town and its taxpayers, with all the qualities of commercial favor; said Town Council is hereby authorized to negotiate and sell any of the bonds issued by said town, and the proceeds of such bonds, when so sold, shall only be used for the purpose or purposes for which they are respectively issued. It is further provided that the Mayor and Council in conjunction and co-operation with the trustees of the Alpharetta school district may, if they see fit and proper, issue bonds by having and holding an election for the same as herein provided for and in accordance with law, for the purpose of erecting a high school building for said town and school district, the same to be located in said town, and to maintain and provide and equip the same, this being one of the purposes above named for the issuing of bonds. Bonds; purposes of issue. Prerequisites. Elections. Obligation. School-building bonds. Sec. 46. Be it further enacted, That whenever any bonds are issued by the Town of Alpharetta, it shall

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be the duties of the authorities of said town to provide a sinking fund, if deemed advisable, to pay the same off at the maturity, the Mayor and Council of said town are hereby empowered, should they deem it advisable, for the purpose of paying the principal and interest, either or both, of any bonded debt that may hereafter be created by said town, and taking care and handling and investing the sinking fund provided for and raised by the town for the payment of its bonds at maturity, appoint one or more members of the Council and require sufficient bond from said member of the Council for the faithful discharge of his duty who shall take charge of this sinking fund or the entire Council may act as a sinking fund commission who shall take charge and manage said fund raised for the purpose of retiring said bonds at maturity or paying interest on the same. Said Town Council may provide in their discretion pay for looking after and caring for and investing said sinking fund as above provided for in this section. Said Town Council of Alpharetta may in lieu of said sinking fund levy an annual tax to pay the interest on said bonds and retire said bonds as they mature, and for that purpose they are empowered to levy and collect a tax on all the taxable property in said town to create a fund to be used for said purpose, that is to pay the interest on said bond and to pay said bonds at maturity. Sinking fund. Sec. 47. Be it further enacted, That authority to carry out by ordinances and to provide a penalty for violation thereof, whenever in their discretion the Mayor and Council may deem it wise, in order to fully and completely carry out the provision of this charter and to make any and all rules and regulations to effectually put into operation all the provisions of said charter. Plenary authority. Sec. 48. Be it further enacted, That the Mayor and Council of said Town of Alpharetta is hereby empowered and authorized to purchase additional land for cemetery purposes and to care for and preserve and to lay said cemetery off into lots, and to make any and all necessary

Page 716

rules and regulations and charges for the same, and to that end and for that purpose said Town Council is hereby authorized to pass any and all ordinances, rules and regulations to put this section into operation. Cemetery. Sec. 49. Be it further enacted, That the clerk of the said Town Council shall be entitled to the following fees: Ten per cent on all moneys paid into the treasury. For each summons, twenty-five cents. For each affidavit and warrant, fifty cents. For each subpoena, twenty cents. For attending trial, fifty cents. For entering appeal from Mayor's decision, twenty-five cents. For each fi fa, twenty-five cents. For each license required to be issued in writing, fifty cents. For taking all bonds, fifty cents. The Mayor shall be entitled to the following fees: Two dollars on each and every case tried when sentence shall have been imposed. One dollar and twenty-five cents for each appeal. The marshal or marshals shall be entitled to the following fees: For making arrest and upon conviction, two dollars. For serving subpoenas, twenty-five cents each. For levying fi fas or other executions, thirty cents. For keeping horses, mules, ox or cow, hogs or any other stock or fowls, the same as allowed for sheriffs. For other service, such compensation as the Council may think reasonable and just in addition to the fees herein provided. The treasurer of said town shall receive six and one-fourth per cent upon all money paid over to him or coming into his possession. The clerk of said Council is authorized to act as treasurer if elected by the Council to fill said place, or any other member of said Council other than the Mayor may act in said capacity. Fees of officers. The said Town Council of Alpharetta is hereby authorized and empowered in their discretion to change said fees provided for said officers by ordinances when they see fit and proper to do so, and for that purpose may make any and all necessary regulations for the same. Instead of paying fees as above provided, they may provide a salary for each and all officers of said town and regulate the same by ordinances if they deem it

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proper so to do, and they are hereby empowered to make any and all necessary regulations to effectually carry out the provisions of this section. Salary. They are further authorized to pay to each of said members other than the Mayor and clerk of said town and treasurer a sum not greater than twenty dollars each for service as members of said Council, said sum to be paid at the last meeting of said Council and before the installation of the newly elected Council. The payment of this amount is left to the discretion of the Council and may be provided for by ordinance if they so desire. Pay to councilmen. Sec. 50. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the Town of Alpharetta and grantnig powers unto the same are hereby superseded by this Act, and all provisions of former Acts, inconsistent or at variance with this Act or any part of the same, are hereby repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Laws repealed or superseded. Approved July 31, 1920. AMERICUS BOARD OF TAX ASSESSORS. No. 606. An Act to amend an Act approved November 11th, 1889, entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Americus; to confer additional power upon the Mayor and City Council of Americus; to extend the corporate limits of said city, and for other purposes; so as to provide for the appointment of a Board of Assessors of Tax Returns, to define the duties and powers of said Board, to provide for a hearing before said Board by the tax payers of said city, 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: Section 1. That an Act approved November 11th, 1889, entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Americus, to confer additional power upon the Mayor and City Council of Americus, to extend the corporate limits of said city, and for other purposes, be amended by striking Section XXVII of said Act in its entirety and substituting in lieu thereof the following, to-wit: Act of 1889 amended. Section XXVII. Be it further enacted, That the Mayor and City Council of Americus shall have power and authority to appoint three freeholders, residents of said city, as a Board of Assessors of Tax Returns, who shall make their report at such time and in such manner as the Mayor and City Council shall determine, shall be governed by rules made by the Mayor and City Council, and whose duty it shall be to scrutinize carefully each return of property, real and personal, made by every tax payer of said city, and New sec. 17. Tax assessors; duties specified. (1) If said Board should ascertain that any person, firm or corporation has failed to make return of his, her or its property for taxation the Board shall make or cause to be made a return for each such defaulter, assessing the property so returned at its true value, and shall give such defaulter written notice of such return and valuations; and said Board may, in its discretion, summons such defaulter to appear before it to be examined; and any person failing to obey such summons shall be punished as provided by Section 19 of the charter. (2) If said Board should ascertain that any person, firm or corporation has in his, her or its return failed to set forth all of his, her or its property subject to taxation, said Board shall add to such return the property so found to be omitted and assess the same at its true value, and shall give the person, firm or corporation

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making such return written notice of such additions and valuations. (3) If said Board shall, in its judgment, find that the property, or any portion thereof, embraced in the return of any such tax payer, has been returned at less than its true value, said Board shall assess such property at its true value, and shall give such tax payer written notice of its assessments. That any tax payer dissatisfied with the action of said Board, with respect to the values so assessed, or the property so added or returned, may, within five days after the mailing or posting of written notice thereof by said Board, as aforesaid, file a written appeal with said Board for a hearing with respect to its said action, in which written appeal such tax payer shall specify in what particulars the assessments, additions or returns of said Board are unsatisfactory; upon the filing of which appeal the Board shall fix a day and time for a hearing on said appeal and shall notify such tax payer thereof; and on the day, and at the time, so fixed such tax payer may appear before said Board and be heard, and produce testimony and evidence as to the action of said Board so complained of. Appeals. That the decision of said Board after such hearing shall be final; and the assessments, additions and returns of said Board shall be final where notice of appeal is not given said Board within five days as herein specified, or where such notice of appeal being given the same is not timely prosecuted as herein specified. Decision. That the posting or mailing of any notice provided for herein in a correctly addressed and stamped envolope or card shall be full compliance with the foregoing requirements relative to the giving of notice. Notice. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920.

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AMERICUS EFFICIENCY AND ECONOMY COMMISSION. No. 792. An Act to amend An Act entitled an Act to amned, revise and consolidate the several Acts granting corporate authority to the City of Americus, and for other purposes, approved November 12th, 1889, so as to provide a budget system for the City of Americus, to create and establish an efficiency and economy commission, authorizing and requiring said commission to prepare and submit a budget of estimated revenue, and recommend expenditures for each fiscal year; to prohibit appropriations or expenditures in excess of the estimated revenue; to require detailed reports from each department of the city government at the close of each fiscal year showing the expenditures during that year, and its requirements for the ensuing year; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That there is hereby created and established in and for the City of Americus, Sumter County, Georgia, and in and for the mayor and city council of Americus, an efficiency and economy commission, to be composed of the mayor, who shall be chairman of said commission, the chairman of the Finance Committee of the city council, and the chairman of the Purchasing Committee of city council. Commission designated. Sec. 2. That the fiscal year of and for said City of Americus, and the mayor and city council of Americus, shall be from the first day of January to the thirty-first day of December of each year, that is the same as the calendar year. Fiscal year. Sec. 3. That on or before the first regular session or meeting of the mayor and city council of Americus in

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January of each year said efficiency and economy commission shall prepare and the mayor shall submit to the mayor and city council, a city budget of estimated revenue and recommended expenditures for the ensuing fiscal year. Said budget shall contain a detailed and summarized statement of the following matters as nearly as may be ascertainable, to-wit: Budget, contents of. A. Total assessed property valuation of the city. B. Public debt of the city, floating and bonded on the annual interest charges thereon. C. Total receipts and expenditures of the city for the four last previous fiscal years. D. Detailed and summarized statement and estimate of all anticipated revenues of the city for the ensuing fiscal year, classified as to its sources. E. Total expenditures of the city during the previous fiscal year, classified for each department, agency and institution. F. A complete plan of proposed expenditures for the ensuing fiscal year, so classified as to exhibit clearly the items of expenditures proposed and showing the distinction between such as are for permanent improvements, salaries, maintenance and new municipal undertakings, for each separate department, institution, board, commission or other municipal agency. G. Statement of assets, liabilities, revenues and surplus or deficit of the city, in sufficient detail and in such form as to show the then financial condition of the city, together with a comparison of such financial condition with that existing during the four previous fiscal years. H. A statement or balance showing aggregate or proposed expenditures and estimated revenues for the ensuing fiscal year, and such other statements and information as may be necessary for an intelligent consideration

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and determination of and concerning the proposals and estimates as made in said budget. Sec. 4. That from and after the going into effect of this Act all expenditures and appropriations of money by the mayor and city council of Americus shall be by ordinance, and the same shall not be valid until approved by the mayor; provided, however, should the mayor disapprove of any such ordinances, or scale or reduce any appropriation or appropriations carried therein, the council may override such disapproval or change by a two-thirds vote of the membership thereof, unless by overriding such disapproval or change such appropriation or appropriations would cause the aggregate appropriations for any fiscal year to exceed the anticipated and estimated revenue for such year, in which event the power of the council to override such disapproval or change by the mayor shall extend only to the aggregate of the anticipated and estimated revenue for any fiscal year as set forth in the budget. In the event any such ordinance or any appropriation or appropriations carried therein is disapproved, or scaled or reduced as aforesaid, by the mayor, the same shall be returned to the council by the mayor not later than the next regular meeting of the mayor and council, and upon his failure so to do such ordinance shall stand as if approved; except that no ordinance shall be of any force or effect whatsoever which causes the aggregate appropriations for any fiscal year to exceed the anticipated and estimated revenue as contained in the budget. Appropriations and ordinances. Sec. 5. That at the same time said budget is submitted, as herein provided, the chairman of the Finance Committee of the city council shall submit to the mayor and city council an ordinance providing for the appropriation of money for the ensuing fiscal year in the manner for the the purpose and in the sums set forthe in said budget and in accordance with the terms of this Act, which said ordinance shall be subject to amendment, change or alteration by the mayor and city council; and which said ordinances

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shall be finally acted on by the mayor and city council on or before the last session or meeting of said mayor and city council in the month of January of each year. Finance committee's duty. Sec. 6. That said efficiency and economy commission shall not recommend to the mayor and city council appropriations or expenditures in excess of the anticipated and estimated revenue for any fiscal year. Should said commission believe that additional appropriations and expenditures are necessary said commission may suggest and recommend plans and means for raising sufficient revenue to meet such additional appropriations or expenditures. Expenditures not to exceed estimated revenue. Sec. 7. That in case the mayor and city council appropriates funds for any fiscal year, for any purpose whatsoever, in excess of the revenue for said year, as estimated by said efficiency and economy commission, the mayor is authorized and empowered, and he is hereby directed to scale or reduce any or all appropriations made for such year, whether contained in the budget appropriation ordinance or supplementary appropriation ordinance, keeping in view the relative importance and need of each appropriation so made, to the end and extent that the aggregate appropriation for any one fiscal year shall conform to and not exceed the estimated revenue for said year. Provided, however, that in case of an emergency, that is to say, in case of some extraordinary and unexpected need or demand not anticipated at the time of the preparation of the budget, the mayor and city council is authorized and empowered to obtain, by loan or otherwise, and appropriate and expend the sum of ten thousand ($10,000) dollars or so much thereof as may be necessary in excess of said estimated revenue; but in no event shall such excess or emergency appropriation exceed the sum of ten thousand ($10,000) dollars; and in the event such excess or emergency appropriation is required and made the budget for the next succeeding fiscal year shall contain and provide for the payment of the

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same out of the revenue for such succeeding year, and provided, further, that it shall be unlawful for the clerk and treasurer to pay out funds otherwise than in accordance with the provisions of this section and of Section 8 of this Act; and he shall be personally liable for the violation thereof to the extent and amounts of any such unauthorized payment, at the instance of any taxpayer of the City of Americus. Reduction of appropropriations. Emergency loan. Sec. 8. That in order that some degree of flexibility in appropriations may be had, any department, institution or other agency receiving an appropriation under the terms of this Act may apply to said efficiency and economy commission for leave to transfer a part of any item appropriated to such department, institution or agency to any other item in such appropriation; and if said commission shall consent thereto it shall notify the clerk and treasurer thereof in writing, whereupon the clerk and treasurer shall place the amounts so transferred to the credit of the item designated; provided, however, that no sum appropriated for any permanent improvement shall be used for maintenance or for any temporary purpose; and provided further, that in the preparation of said budget said efficiency and economy commission shall incorporate therein and set aside, from out of said estimated revenues the sum of five thousand ($5,000) dollars to be designated as deficiency appropriation, which said sum shall be appropriated, if occasion demands, by the mayor and city council to cover deficiencies in the appropriation to any department, institution or agency as carried in said budget appropriation ordinance, and also to pay any claims or requests approved by the mayor and city council and which are not provided for in the budget. Transfer of items appropriated. Deficiency appropriation. Sec. 9. That this Act shall not go into effect until the thirty-first day of December, 1920, on and after which time shall be of full force and effect. Sec. 10. That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 16, 1920.

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APALACHEE TAX RATE. No. 437. An Act to amend Section 11 and Section 15 of an Act approved August 22nd, 1907, entitled An Act to incorporate the Town of Apalachee, in Morgan County; to define its corporate limits; to provide for a mayor, board of aldermen, and other officers of said town; to prescribe their duties and powers; to provide for all matters of municipal concern, and for other purposes, so as to levy and assess an ad valorem tax, not to exceed one per centum on all and every kind of property, both real and personal within the limits of said town, and so as to collect a commutation tax from all persons residing within the limits of said town who are subject to road duty an amount not to exceed $5.00 per annum, 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, line three of Section 11 of An Act to incorporate the Town of Apalachee, in Morgan County; to define its corporate limits, to provide for a mayor, board of aldermen, and other officers of said town; to prescribe their duties and powers; to provide for all matters of municipal concern, and for other purposes, be and the same is hereby amended by striking therefrom the words one-half of, so that said Section 11, when so amended, shall read as follows: Act of 1907 amended. To be read. Section 11. Be it further enacted by authority aforesaid, That said mayor and aldermen shall have full power and authority to assess, levy and collect such taxes, not to exceed one per cent. on all and every kind and species of property, both real and personal, within the limits of said town, except church and school property, at its true market value, once in each year; the time of assessing and collecting said taxes shall be fixed by ordinance of said council; to levy and collect such special tax on

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trades, business occupations, theatrical exhibitions, or other performances exercised, performed or carried on within the limits of said town, including circuses and shows of all kinds, itinerant traders, peddlers, auctioneers, and all other trades, games or occupations subject to special tax under the State law, as they may deem proper; for the purpose of enforcing payment or collection of the taxes above enumerated the mayor and aldermen may prescribe such rules and regulations and impose such penalties for the violation of the same as they may deem necessary, not inconsistent with the Constitution and laws of this State; and the mayor of said town is hereby invested with authority to issue executions for such fines and taxes as may become due said town, and the marshal may proceed to collect the same by levy and sale; in case of levy on personal property, after ten days' advertisement at the council chamber, which advertisement shall be posted at three or more public places in said town; and in case of levy on real estate by the return of said levy to the sheriff of Morgan County, who shall advertise and sell the same in the same manner as prescribed by law for the sale of real estate when levied on by the constable and returned to the sheriff. Tax rate. Sec. 2. Be it further enacted by the authority aforesaid, That line 11 of Section 15 of said Act be and the same is hereby amended by striking therefrom the word three, and inserting in lieu thereof the word five, so that said Section 15, when so amended, shall read as follows: Sec. 15. Be it further enacted by authority aforesaid, That the mayor and aldermen shall have power and authority to open, change or abolish streets in said town, as the public interest may require, to pay any damages that may be assessed by reason of opening or changing said streets, and shall keep in good order the streets and sidewalks of said town; and may require and compel all persons residing within the limits of said town, who may be subject by law to road duty, to work on the streets

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and sidewalks of said town not to exceed ten days in each year, but may receive in lieu of said work a commutation tax from such persons not to exceed five dollars per year; and the mayor of said town shall have power and authority to try and punish defaulters that the road commissioners of this State now have, or may hereafter have; provided, no defaulter shall have the right to relieve himself of any fine or penalty imposed for his failure to perform street duty after being returned as such defaulter without the consent of the mayor. Sec. 15 amended. Commutation tax increased. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1920. ATHENS TERRITORIAL LIMITS EXTENDED. No. 628. An Act to amend an Act entitled An Act to amend the charter of the Town of Athens, and the various Acts amendatory thereof, approved Aug. 24, 1872, and to extend the limits of the City of Athens as defined in the Acts of 1877, approved February 26, 1877, and the Acts of 1911, approved August 17, 1911, so that the limits of said city in addition to the boundary described in said Acts, shall include a certain boundary or extension of the northwestern, western and southern 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 An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, approved August 2, 1872, and the several Acts amendatory thereof, and especially the Acts approved February 26, 1877, and August 17, 1911, be and

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the same are hereby amended so as to extend the corporate limits of the City of Athens, so that in addition to the boundaries defined in the Acts of 1877 and 1911 herein referred to, said limits shall be extended so as to include on the northwestern and southern limits of said city the following described additional territory: All that territory included in the arc of a circle centering in the center at the Chapel building of the University of Georgia, with a radius two miles in length, said circle beginning at the center line of the extension of Barber street in a northern and northwestern direction and circling thence southwestwardly, southwardly and southwestwardly until it intersects the center line of the main track of the Central of Georgia Railway, said extension being more particularly described as follows: Beginning at the intersection of the present city limits, with the center line of Barber street in the northwestern part of the City of Athens, and extending thence in a northerly direction along said center line of Barber street to a point a distance of two miles in a straight line from the center of the college chapel, thence turning and extending along the arc of a circle (the center of which is the college chapel and the radius of which is two miles in length) in a southwesternly, southernly and southeasternly direction until said arc intersects the center line of the tracks of the Central of Georgia Railway Company, at a point on said railway a distance of two miles in a straight line south of the college chapel. Acts of 1872, 1877, 1911 amended. Added territory defined. Thence running in a northernly direction along the center line of said Central of Georgia Railway Company's track to a point where said track intersects the present city limits. 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 16, 1920.

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ATLANTA CITY PLANNING COMMISSION; AND CLERK OF COUNCIL. No. 710. 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 the 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 there shall be created as a part of the government of the City of Atlanta a commission to be known as the City Planning Commission, which commission shall consist of six citizens to be appointed by the mayor, with the mayor as an ex-officio member thereof, the appointed members to serve without compensation. Commission to be appointed. Sec. 2. Said commission shall have all the powers here inafter set forth and, in addition thereto, such powers as may be proper and consistent with the organization and operation of said commission as may be established by ordinances passed by the mayor and general council and an office shall be provided for said commission at the City Hall, if possible, at which to hold its meetings, transact its business and keep its records. Powers. Said commission shall have power and authority to employ consulting advice on municipal problems and such other help as may be necessary and to pay for the services thereof, including necessary disbursements incurred by its members in th eperformance of their duties under the direction of such commission from such funds as may be placed at the disposal of said commission by authority of the mayor and general council. Consulting advice.

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Sec. 3. It shall be the duty of said commission and they shall have power to recommend or make suggestions to the general council and to all other public authorities concerning the laying out, widening, extending and parking or location of streets, sidewalks and boulevards; the relief of traffic conditions, congestion and development of housing and sanitary conditions and the establishment of zones or districts, suggestions concerning the use, height, area and bulk of buildings or structures. To recommend to the general council and all other public authorities plans for future growth, development and improvement of the municipality and especially with regards to its public and private buildings and works, streets, parks, grounds and vacant lots and plans consistent with the future growth and development of the city looking towards the proper sanitation and especially service by public utilities and generally to do and perform any and all other acts and things necessary or proper to carry out the provisions of this Act; to study and propose such measures as may be advisable for the promotion of public interests, health, morals, safety, comfort, convenience and welfare of said city. In this connection said commission shall have authority to make similar suggestions to the general council, the Commissioners of Roads and Revenues of Fulton County and the General Assembly of Georgia with reference to an area covering six miles adjacent to the present limits of the City of Atlanta. Recommendations for interest and welfare. Sec. 4. Said commission shall have authority to investigate and make recommendations concerning all plans for sewers, both sanitary and storm, water, where placed in any property or subdivisions or lots which are intended to be sold. Whenever said city undertakes the erection of a public building, aside from school buildings, the buildings here referred to constitute buildings to be owned and controlled by the City of Atlanta, the plans and locations thereof may be submitted to the commission and receive its approval before the erection of such

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building is begun. Said commission shall have authority to make recommendations to all parties, corporations or public authorities with reference to the erection of buildings, structures or work to be erected or remodeled and such persons or authorities shall have authority to call upon the commission for a report as to the construction, placing or designing of buildings or other structures and improvements or objects of art. Buildings. Sec. 5. Said commission shall have authority to request the assistance of all officials of said city whenever such assistance is desired. Assistance. Sec. 6. The mayor and general council shall make such appropriations for carrying on the work of said commission in like manner and form as appropriations are made to the other departments of the city. The City of Atlanta shall have authority to receive gifts, bequests and devises of property to carry out the general purposes of the Planning Commission and when such gifts, bequests or devises are made to the city therefor, the city shall keep same in a separate fund and expend same only for and on account of said commission and its general purposes as defined by this Act. Appropriations. Sec. 7. Said commission shall prepare and submit to the general council a comprehensive plan for the zoning of the city for the purpose of suggesting the proper location of streets, apartment houses, dwellings and other uses of property, the height of buildings, the area of the lot, the provision for yard space and the fixing of building lines. It is not intended by this provision to vest in said commission authority to finally control the location and operation thereof but only to make suggestions which shall be given publicity and to give the owners or builders the benefit of the suggestions, all looking towards the final betterment and improvement of the city. Submission of plan. Sec. 8. When by ordinance or resolution of the general council it is proposed to erect or construct any buildings, works or improvements for the use and benefit of the city,

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the said commission may be called upon to consider the plans for such buildings, works or improvements, so that a method may be available for securing a recommendation, either favorable or unfavorable, from said commission on such proposed buildings, works or other improvements before such ordinance or resolution is finally adopted. City buildings. Sec. 9. Where any ordinance or resolution relating to the matters just named, is introduced in the general council, the clerk of council, if so instructed by the general council, shall refer such ordinance or resolution to said commission, and the general council in such event shall defer final action on such ordinance or resolution until the next regular meeting of the general council, and if no report from said commission is available for such meeting the general council may still further postpone action on such ordinance or resolution until some subsequent meeting of the general council. Reference of ordinance or resolution. Sec. 10. That the charter of said city as codified in Section 449 of the City Code of 1910, and as amended by Act of the General Assembly, approved August 14th, 1917, be amended by striking from said section the words biennially and inserting the words every four years, and by striking the words to serve for a term of two years, and inserting in lieu thereof the words to serve for a term of four years, and to add to said section the following: This provision shall apply to and govern the term of office beginning the first Monday in January, 1921, and to the official elected to serve a term beginning on that date, so that said section when so amended, shall read as follows: City Code, sec. 449, amended. Sec. 449. There shall be elected by the mayor and general council every four years, 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 four years, unless sooner removed for cause to be adjudged by the

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mayor and general council, this provision shall apply to and govern the term of office beginning the first Monday in January, 1921, and to the official elected to serve term beginning on that date so that the next election for clerk shall be on the first Monday in June, 1924, and the next term after first Monday in January, 1921, shall begin the first Monday in January, 1925. To be read. Clerk's term of office increased. Sec. 11. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 16, 1920. ATLANTA TAX PAYMENTS. No. 500. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That the Act establishing a new charter for the City of Atlanta approved February 28th, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1874 amended. Section 1. That the provisions of the present charter, codified in Section 141 of the City Code of 1910, with reference to making the taxes payable in three installments be repealed, and in lieu thereof the following is hereby enacted: The taxes due the City of Atlanta on the real estate and personal property of all kinds, taxable under the laws of Georgia, and the charter of said city, shall be due and payable in three installments of equal amounts of one-third each, the first installment falling due on May 1st, the second installment on July 1st, and the third installment on October 1st of each year, with

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the privilege of paying said several installments during a period of fifteen days following the date when same became due, and on these dates one-third of the taxes assessed, under the existing provisions of said charter; shall be due and payable, and on failure to pay said several installments, when due, or during said fifteen-day period, same shall bear interest at the rate of seven per cent per annum to be charged on any installment not so paid and if same is not paid on or before the 15th day of October of each year, execution shall issue therefor and shall be collected as now provided. If all the tax assessed for the current year is paid during the first tax period as above provided, a discount of one and one-half (1 1-2 per cent.) per cent. shall be allowed on the total amount of said annual taxes. If all the taxes are paid during the second tax period, as above provided, a discount of one-half of one per cent. shall be allowed on the total amount of taxes so paid. The interest shall be computed from the date the taxes are made payable, provided same are not paid during the fifteen-day period above stated. Tax payments by installments. When payable. Interest. Discount. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 5, 1920. AUGUSTA POLICEMEN AND FIREMEN; RETIREMENT ON PART PAY. No. 709. An Act to amend an Act entitled An Act to amend the charter of the City of Augusta in said State, so as to provide a way by which may be retired from active service on part pay certain members of the police and fire departments of the City of Augusta, approved August 22, 1905, by adding immediately after the word continuously in the sixth line of Section 1 of said Act, the words, Or who has not been out of

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service for longer than six months continuously at any one time, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act to amend the charter of the City of Augusta approved August 22, 1905, be and the same is hereby amended as follows: By adding in the sixth line of Section 1 of said Act immediately after the word continuosuly the words or has not been out of service for longer than six months continuously at any one time, so that said clause in said Section 1 shall read as follows: That whenever any officer or private member of the fire or police departments of the City of Augusta shall have served continuously or has not been out of service for longer than six months continuously at any one time in either of said departments, or both together, for twenty-five (25) years he shall be permitted to retire from active service of this department on his own motion upon one-half of the pay of the rank or position he may be holding at the time of said retiring with the following terms: Act of 1905 amended. To be read. Retirement on half pay. Section 2. The remainder of the Act of August 22, 1905, is unchanged. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved August 16, 1920. AUSTELL ELECTRIC LIGHT BONDS. No. 553. An Act to authorize the mayor and council of the Town of Austell, in the County of Cobb, to order and to have held elections by the qualified voters of the said town to determine whether or not bonds shall be issued

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by the said town in sums the aggregate amount of which shall not exceed thirty thousand ($30,000.00) dollars, to be sold to pay for the construction, purchase, leasing, contracting for or otherwise acquiring a system of electric lights for the benefit and use of the said town, and for the equipping, operation and maintenance of the same; to provide for the acquisition of property, both real and personal, inside and outside of the incorporate limits of the said town, that may be necessary for said purpose, by purchase, condemnation or otherwise; to authorize the issue of said bonds, and the assessing, levying and collecting of a tax on all of the property, both real and personal, in the said town, for the purpose of paying interest on the said bonds, as well as the principal thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the mayor and council of the Town of Austell, in the County of Cobb, and State of Georgia, shall have full power and authority to construct, purchase, lease, contract for, equip, operate and maintain an electric light plant and a system of electric lights for the public streets and buildings of said Town of Austell, and to furnish electric lights and current to consumers and charge a reasonable rate therefor; and to that end shall have full power and authority to acquire by purchase, gift, or condemnation proceedings, all necessary lands, easements, rights-of-way and franchises, either within or without the incorporate limits of the said town. The action of the mayor and council in declaring the necessity, propriety, expediency of acquiring any such lands, easements, rights-of-way and franchises for any purpose or purposes in this section enumerated, shall be final, and the correctness of their judgment in that particular shall never be called in question in any court of the State. Electric light system. Powers to acquire.

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Section 2. Be it further enacted by the authority aforesaid, That in the event the said mayor and council of the Town of Austell can not procure, by purchase or gift the necessary lands, easements, rights-of-way and franchises for the construction, purchase, leasing, contracting for, equipping, operation and maintenance of the electric light plant and system of electric lights, then the mayor and council of the said town shall have the right to exercise the power of eminent domain, and to condemn such lands, easements, rights-of-way and franchises, either within or without the incorporate limits of the said town, in the manner and form as provided in Chapter 9 of Volume 1 of the Code of 1910 of the State of Georgia, and the amendments thereto. Eminent domain. Sec. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the Town of Austell shall have the right to erect, either within or without the incorporate limits of the said town, all necessary posts, poles, and wires for the purpose of conveying electricity and lighting to said town, said lights to apply to the public highways of this State and over and across and under the land of persons and corporations upon payment of just compensation that may be agreed upon or assessed as provided in said Chapter 9 of Volume 1 of the Code of 1910 of this State. Poles and wires. Sec. 4. Be it further enacted by the authority aforesaid, That the mayor and council of the Town of Austell are hereby authorized and empowered for the purpose of constructing, purchasing, leasing, contracting for, equipping, operating and maintaining an electric light plant and a system of electric lights for said Town of Austell, to issue and sell bonds of said Town of Austell, not exceeding in amount the aggregate sum of thirty thousand ($30,000.00) dollars, in such denominations as may be fixed by the mayor and council of the said town, and to become due and payable at such time or times not longer than thirty (30) years from the

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date of the issuance thereof, as the said mayor and council may determine, and to bear interest not exceeding six and one-half (6 1-2 per cent.) per centum per annum, payable semi-annually, at such time and place as said mayor and council may determine. Said bonds shall be executed by the final signatures of the mayor and clerk of Council of the Town of Austell and have affixed thereto the corporate seal of the said town. Bond issue. Sec. 5. Be it further enacted by the authority aforesaid, That before issuing said bonds, the question of issuing the same shall be submitted to the voters of the Town of Austell on a day to be designated by said Mayor and Council of the Town of Austell, at an election held for that purpose, notice of which said election shall be published in the newspaper in which the sheriff's advertisements for the County of Cobb are published, or in any newspaper having a general circulation in the said town thirty (30) days before the election. All persons voting in said election shall have written or printed on their ballot the words For electric light bonds, or the words Against electric light bonds, and should the result of said election be in favor of the issuance of bonds under the provisions of the Act approved August 20, 1918, to amend Paragraph 1, Section 7, Article 7, of the Constitution of the State of Georgia (Acts 1918, p. 99), authorizing the issuance of bonds by municipalities, the Mayor and Council of the Town of Austell shall so declare, and issue the said bonds. Election. Ballots. Sec. 6. Be it enacted by the authority aforesaid, That at or before the time of issuing any of said bonds the Mayor and Council of the said Town of Austell shall be and are hereby authorized, directed and empowered to annually assess, levy and collect a tax on all property, both real and personal, corporate and franchise, in the incorporated limits of the said Town of Austell, in such sums as may be right, proper and necessary for the specific purpose of paying the interest on the said bonds when the same shall become due, and also to create a

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sinking fund sufficient to redeem and pay off such bonds at the maturity thereof, and the tax thus assessed, levied and collected shall be kept separate and distinct from all other taxes and monies of said town, and shall be used for the payment of the interest on said bonds as it may accrue, and for the creation and accumulation of a sinking fund for the payment of the principal of the same, which fund, however, may 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 levy. Sinking fund. Sec. 7. Be it further enacted by the authority aforesaid, That the Mayor and Council of the Town of Austell shall use the proceeds of said bonds for the purpose of constructing, purchasing, leasing, contracting for, equipping, operating and maintaining an electrict light plant and a system of electric lights for said Town of Austell, and for no other purpose. Use of proceeds of bonds. Sec. 8. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this Act shall be held under the same rules and regulations as govern general elections in said town, and no one shall be entitled to vote at said election who is not qualified to vote in general elections for Mayor and Councilmen of the said town. The superintendents of said election shall make returns in open session between 9 and 10 o'clock A. M., on the next day succeeding the election and declare the results thereof, which shall be entered on the book kept by the Mayor and Council of the Town of Austell for the record of their proceedings. Management of elections. Sec. 9. Be it further enacted by the authority aforesaid, That should the result of the election held under this Act be against bonds, then the said Mayor and Council of the Town of Austell shall have the power and authority to call other elections from time to time, as they may desire, and this Act shall apply to the same and to all elections held under this Act; provided, that no

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other election may be held sooner than twelve (12) months after the holding of an election. Other elections. Sec. 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 7, 1920. BAINBRIDGE SCHOOL TAX. No. 439. An Act to amend an Act, approved September 26th, 1879, authorizing the corporation of the City of Bainbridge to levy a tax for the purpose of establishing and maintaining public schools in and for the Municipality of Bainbridge, 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 September 26, 1879, entitled an Act authorizing the corporation of the City of Bainbridge to levy a tax for the purpose of establishing and maintaining public schools in and for the Municipality of Bainbridge, and for other purposes, be and the same is hereby amended by striking from the first section thereof the words four-tenths of one per cent., and inserting in lieu thereof the words one-half of one per cent., so that when said section is amended the same will read as follows: Act of 1879 amended. To be read. Be it enacted by the General Assembly of the State of Georgia (the corporate authorities having so recommended) that the corporation of the City of Bainbridge, Decatur County, Georgia, is hereby authorized to levy a tax annually in addition to that now authorized by law, not to exceed one-half of one per cent. for the purpose of establishing and maintaining public schools in and for

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the Municipality of Bainbridge, Decatur County, Georgia; provided, that the sum so raised shall be used only for the purpose as set forth in this section. Tax rate. 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 July 27, 1920. BAINBRIDGE STREET IMPROVEMENTS; BONDS. No. 582. An Act to authorize and empower the City of Bainbridge ot establish and change the grade of any sidewalk, alley or other public place in said city, and to improve the same by paving, macadamizing or draining; to provide the procedure therefor, and for making and collecting assessments for the same, and for establishing a lien therefor; to provide for the payment of grading, improving and paving of sidewalks entirely, and of the streets, alleys and other public places in proportionate part by the abutting and adjacent property owners on the basis of 10 per cent. yearly for ten years; to provide for the issuance of bonds by the City of Bainbridge, to be known as Street Improvement Bonds, and for the payment of same. Section 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 to create a new charter for the City of Bainbridge, approved December 16, 1901, be and the same is hereby amended by adding thereto the following additional sections: Act of 1901 amended. Sec. 2. Be it further enacted by the authority aforesaid, That whenever any of the sidewalks, streets, alleys

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or other public places, or any portion thereof, of the City of Bainbridge, have been authorized under the existing laws and ordinances to be paved, macadamized, drained, or otherwise improved, and the contract for such improvements has been let and the cost of such improvements has been ascertained, which cost shall include all other expenses incurred by the City of Bainbridge incident to said improvements, the Mayor and Aldermen shall, by resolution, apportion the cost and expense of the same pro rata per front foot to the several tracts, lots or parcels of land abutting upon said improvements, and shall then levy assessments against said land and the owners thereof in accordance with said apportionment, which assessment shall be paid in ten equal annual installments, and shall bear interest at the rate of not more than 7 per cent. per annum until paid, said interest payable annually. Cost of street improvement. Assessments. Sec. 3. Be it further enacted by the authority aforesaid, That the first installment of such assessment, together with interest to that date upon the whole, shall be due and payable on he first day of December next succeeding the date of the levy of such assessment, and one installment with the yearly interest upon the amounts remaining unpaid shall be due and payable on the first day of December in each succeeding year until all shall be paid. Installments and interest. Sec. 4. Said ordinance or resolution levying such assessments shall provide that the owners of the property assessed shall have the privilege of paying the amounts assessed against their property within thirty days from the date of the passage of the ordinance, without interest, and thus relieve their property from the lien of said assessment. Payment privilege. Sec. 5. Be it further enacted by the authority aforesaid, That such special assessment and each installment thereof, and the interest, are hereby declared to be a special lien against the lots and tracts of land so assessed

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from the date of the ordinance or resolution levying the same co-equal with the lien of other taxes, and prior and superior to all other liens against such lots or tracts, and such lien shall continue until such assessments and interest shall be fully paid. Special lien. Sec. 6. Be it further enacted by the authority aforesaid, That thirty days after the date of the passage of said ordinance apportioning and levying said assessments, the Mayor and Aldermen of said City of Bainbridge shall, by resolution, provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date thirty (30) days after the passage of the ordinance levying the said assessments, and of such denominations as the said Mayor and Aldermen shall determine, which bond or bonds shall in no event become a liability of the City of Bainbridge issuing same. One-tenth in amount of any such series of bonds, with the interest upon the whole series to that date, shall be payable on the first day of January next succeeding maturity of the first installment of the assessments and interest; and one-tenth thereof, with the yearly interest upon the whole amount remaining unpaid, shall be payable on the first day of January in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding 6 per cent. per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon lots and tracts of land benefited by said improvement under authority of this Act. Said bonds shall be signed by the Mayor and attested by the clerk of Council, and shall have the impression of the corporate seal of such city thereon, and shall have interest coupons attached, and all bonds issued by authority of this Act shall be payable at such place, either within or without the State of Georgia, so

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shall be designated by said Mayor and Aldermen. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses, by the said Mayor and Aldermen, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the Mayor and Aldermen shall direct. Said bonds shall be registered by the said clerk of Council in a book to be provided for that purpose, and certificates of registration by said clerk of Council shall be endorsed upon each of said bonds. Bosd issue. How payable. Interest rate. Issuance and sale. Proceeds applied. Registered. Sec. 7. Be it further enacted by the authority aforesaid, That the assessments provided for and levied under the provisions of this Act shall be payable by the persons owning the said lots or tracts of land on the first day of December of each year, together with the interest thereon, to the treasurer of the City of Bainbridge, who shall give proper receipts for such payments; provided, that if the levy of such assessments is made after September 1st, then the first installment and interest shall become due and payable on December 1st of the succeeding year. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest thereon, and for no other purpose. It shall be the duty of said treasurer promptly after the date the maturity of any such installment or assessment and interest and on or before the first day of December of each year, in case of a default in payment of such installment assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement, or against the owner of same, for the amount of such assessment with interest, and shall turn over the

Page 745

same to the chief of police of the City of Bainbridge, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvement; and, after advertisement and other proceedings as in case of sales for city taxes, the shame shall be sold at public outcry to the highest bidder; and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest; 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, stating what amount he admits to be due, which amount so admitted to be due shall be paid before the affidavit is received, and the affidavit received for the balance. All affidavits shall set out in detail the reasons why the affiant claims the amount is not due, and when received by the chief of police shall be returned to the Justice Court if the amount of the execution is $100.00 or under, and to the Superior Court of Decatur County, Georgia, if the amount contested is over one hundred dollars, and there tried and the issue determined as in case of illegality, subject to all fines and penalties provided for in cases of illegality for delay under the Code of Georgia. Assessments, when payable. Executions. Levy and sale. Affidavit of illegality. Sec. 8. Be it further enacted by the authority aforesaid, That the apportionment of the cost and expense of such improvement and the levy of the assessment therefor against the abutting property, as heretofore authorized in this Act, shall be at the rate of one-third of such cost and expense of paving, draining or improving streets, alleys or other public places against the abutting property on each side of said streets, lots or other public places; and the whole of the cost and expense of paving or improving said sidewalks against the property abutting thereon. The remaining one-third shall be paid by the City of Bainbridge from any available funds for that purpose in the city treasury, or from the proceeds of bonds duly authorized as now required by law. Rate of apportionment.

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Sec. 9. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Bainbridge may, by proper resolution, authorize the payment of the interest on the bonds specified in Section 6 of this Act, semi-annually, on the first days of January and of July, if they see fit, instead of annually, and that in levying assessments for the costs of such improvements against the property owners the said Mayor and Aldermen may, by proper resolution, make the installments of interest on such assessments payable semi-annually on the first days of December and June of each year, instead of annually, as stated in Section 2 of this Act. Payment of interest on bonds. 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 10, 1920. BARTOW BOARD OF EDUCATION. No. 511. An Act to amend an Act establishing a public school system in the Town of Bartow, Jefferson County, Georgia, so as to fix the time of electing the Board of Education of the school, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That an Act entitled an Act to authorize the establishment and maintenance of a system of public schools for the Town of Bartow, to provide for its regulation, support and control, and for other purposes, approved August 17th, 1918, be amended as follows: By repealing all of Sections 2 and 3 of said Act and substituting in lieu thereof two other sections to be known as Section 2 and Section 3, as follows: Act of 1918 amended. New secs. 2 and 3.

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Sec. 2. Be it further enacted by the authority aforesaid, That the term of office of all the present members of the Board of Education of said Town of Bartow shall expire on January 1st, 1921, or as soon thereafter as their successors shall have been elected and qualified as provided for in the next section. Terms of office. Sec. 3. Be it further enacted, That the Board of Education of said Town of Bartow shall consist of five (5) members, all of whom shall be bona fide residents of said town, and that at the December, 1920, municipal election for said town, and biennially thereafter, the qualified electors of said town shall elect by ballot at said regular election five citizens of said town to constitute the Board of Education for said town, and that their term of office shall begin on January 1st, 1921, and shall end on January 1st, 1923, and elections shall be held biennially to elect the successors of said Board of Education on the same date upon which the municipal elections of said town are held. In case of any vacancies otherwise than by expiration of term of office, said Board shall elect members to fill said vacancies at the next meeting of the Board after such vacancies occur, or as soon thereafter as practical. Election of five board members. Vacancy, how filled. 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 7, 1920. BARTOW PUBLIC SCHOOLS; REPEALING ACT. No. 550. An Act to abolish an Act to establish a public school system in and for the Town of Bartow, Jefferson County, Georgia, to provide when and under what circumstances the repealing Act shall become effective, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That an Act to authorize the establishment and maintenance of a system of public schools for the Town of Bartow, to provide for its regulation, support and control, and for other purposes, approved Aug. 17th, 1918, be and the same is hereby repealed. Act of 1918 repealed. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That this Act shall not become effective, nor the repeal provided in Section 1 of this Act enforced, until there shall have been an election in the 85th School District of Jefferson County, Georgia, the district in which the Town of Bartow is located, to determine whether or not a tax for educational purposes shall have been authorized, and the result of said election shall have been legally declared to be in favor of said local tax for public schools as provided by Section 124 of the Code of School Laws of the State of Georgia, approved Aug. 19th, 1919. On condition of result of election. 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, 1920. BLYTHE, TOWN OF, INCORPORATED. No. 474. An Act to incorporate the Town of Blythe in the Counties of Richmond and Burke, to define its corporate limits, to provide for a Mayor and Aldermen and other officers, to prescribe their duties, powers and privileges, to provide for the enacting of all necessary ordinances, and the enforcement of the same, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Town of Blythe, in the Counties of Richmond and Burke, in said State, be and the same is hereby incorporated and made a body politic and shall have and use a common seal, shall have perpetual succession, be capable to sue and be sued, to contract and be contracted with, shall have power to purchase, lease, hold, receive, enjoy, possess and retain any estate or estates, real or personal, of whatever kind or name within its incorporate limits, and to sell, exchange, have or convey the same and to all other acts as a municipal corporation, not inconsistent with the laws of the State. The corporate powers of said town shall be vested in and exercised by a Mayor and four Aldermen under the name and style of the Town of Blythe. General powers. Corporate name. Sec. 2. Be it further enacted, That the corporate limits of said town shall extend three thousand and three hundred feet in every direction from the center of rail road track at crossing (A) in accordance with survey made by R. R. Hatcher, C. E., May 4, 1920, of said town. Territorial limits. Sec. 3. Be it further enacted, That J. E. Templeton be and is hereby appointed Mayor, and J. L. Ricker, L. W. Cawley, J. L. Myers and J. C. Powell be and they are hereby appointed Aldermen of said town to hold their offices until their successors are elected and qualified as hereinafter provided. Mayor and aldermen designated. Sec. 4. Be it further enacted, That on the second Thursday in December, 1920, and every two years thereafter on the same Thursday mentioned, an election shall be held at some public and convenient place in said town for a Mayor and four Aldermen by the qualified voters of said town, whose terms of office shall be for two years or until their successors are elected and qualified, said election shall be open at eight o'clock in the morning and close at four o'clock in the afternoon, to be held

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under the supervision of a Justice of the Peace and two freeholders of said town, or by three freeholders of said town, under the forms and regulations prescribed by law for holding elections for members of the General Assembly. All persons qualified to vote for members of the General Assembly shall be qualified to vote in all elections held in said town. Election and terms of office. Voters qualified. Sec. 5. Be it further enacted, That the managers of said election shall duly declare the result and shall issue certificates of elections to such persons as receive the highest number of legal votes polled, who shall on the first Monday in January following said election qualify by taking and subscribing to the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as Mayor (or Alderman, as the case may be) of the Town of Blythe during my continuance in office according to the best of my ability and understanding, so help me God. Oath of office. Sec. 6. Be it further enacted, That the said Mayor and Aldermen shall have power to elect a marshal, clerk, treasurer and such other officers as they deem necessary and proper, regulating their salaries, taking their bonds, prescribing their duties and oaths and to remove them from office or impose fines at the discretion of the said Mayor and Aldermen. The officers so elected or appointed shall, before entering upon the duties of their office, subscribe to the following oath before the said Mayor or Mayor pro tempore: I do solemnly swear that I will faithfully to the best of my ability and understanding discharge the duties devolving upon me as marshal, clerk or treasurer (as the case may be) to the best of my skill and understanding, so help me God. Officers. Oath. Sec. 7. Be it further enacted, That said Mayor and Aldermen shall, at their first meeting in each year, elect one of said Aldermen Mayor pro tempore, who shall in case of vacancy, absence or disqualification of the Mayor, perform and discharge all the duties and exercise all

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authority of the office of Mayor upon taking the usual oath and not otherwise. Mayor pro tem. Sec. 8. Be it further enacted, That said Mayor and Aldermen shall have power to levy and collect a tax not exceeding one-half of one per cent. on all property, both real and personal, within the corporate limits of said town, which may be enforced by execution issued by the clerk in the name of the Mayor and Aldermen and levied by the marshal. If the property levied upon be personalty, the same proceeding shall be had that now governs the sale of property under tax executions at constables' sales, but if the property levied upon be realty, the marshal shall return the levy to the sheriff of the county in which the property or realty is located, and by said sheriff sold, as the law directs under executions for State and county taxes when levied upon realty. Also to levy and collect such special tax on trades, business, occupations, theatrical exhibitions, circuses and shows of all kinds, ten pin alleys, billiards, pool tables, itinerant traders, peddlers, auctioneers and all other trades, games or occupations subject to special taxes under the laws of the State, as they may deem proper. Tax ad valorem. Special taxes on occupations, etc. For the purpose of enforcing the payment of the taxes above enumerated the Mayor and Aldermen may enact such ordinances and impose such penalties for a violation of the same as they may deem proper, not inconsistent with the Constitution and laws of the State. Penalties. Sec. 9. Be it further enacted, That there shall be a lien on all the property of said citizens or inhabitants of said town, both real and personal, situated therein for corporation taxes assessed thereon, and for all fines and penalties assessed upon the owners thereof, from the date they are assessed or imposed, which shall have a priority over all liens except liens due the State and county. Liens.

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Sec. 10. Be it further enacted, That said Mayor and Aldermen shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary to the good government of said town and securing and promoting the welfare, peace, prosperity and health of its inhabitants and to prescribe the penalties for violating the same, and the Mayor, or Mayor pro tem, of said town shall have a Mayor's Court in said town at any time for the trial and punishment of persons guilty of violating its ordinances, by-laws, rules and regulations, the punishment inflicted not to exceed a fine of one hundred dollars, or labor on the streets or public works of said town, or confinement in the calaboose or guard house not to exceed sixty days. Said fine may be collected by execution to be issued against the estate, both real and personal, of the offender, if any, to be found. General welfare. Mayor's court. Sec. 11. Be it further enacted, That the marshal or other police officers of said town may arrest without a warrant any person guilty of violating any ordniance, rule or regulation of said town, and the marshal or any other police officer may summons any citizen or citizens of said town to assist him in such arrest. Arrests. Sec. 12. Be it further enacted, That said Mayor or Mayor pro tem, when any person or persons are arraigned before the Mayor's Court charged with the violation of any ordinance, rule or regulation of said town, may, for good cause shown, continue the hearing to such other time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the time appointed for trial, or be imprisoned to await trial. If such bond be given and the accused shall fail to appear at the time fixed for trial, the bond may be forfeited by the Mayor and Aldermen and an execution issued thereon by serving the defendant, if to be found within the croporate limits, and his securities with a rule nisi, at least five days before the time of hearing said rule nisi, and if the

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defendant can not be found, then by posting notice in three public places in said town five days before the hearing of said rule nisi. Appearance bonds. Forfeiture. Sec. 13. Be it further enacted, That said Mayor and Aldermen shall provide for the working and repairing of the streets, sidewalks and alleys of said town, and to remove any obstruction or nuisance that may be removed in the same, and to that end may compel all persons resident within said town, who may be subject to road duty, to work on the streets, sidewalks and alleys of said town, for a space not exceeding ten days in each year, but may receive in lieu of said work a commutation fee from such persons, not to exceed five dollars, and the Mayor shall have the same powers to punish defaulters as provided in this charter for the punishment of persons violating the ordinances of said town. Street work. Commutation tax. Sec. 14. Be it further enacted, That said Mayor, or Mayor pro tem, when in the official discharge of his duty, a fine for contempt, not to exceed fifty dollars, or labor on the streets of said town, or public works of said town, or confinement in the calaboose or guard house not to exceed twenty-five days. Contempts. Sec. 15. Be it further enacted, That the Mayor or Mayor pro tem. shall be during the term of his office a conservator of the peace and have and exercise criminal jurisdiction of a Justice of the Peace over all offenses committed in the corporate limits of said town. Jurisdiction. Sec. 16. Be it further enacted, That any officer of this corporation who shall be guilty of malpractice or abuse of powers confided to him shall be subject to indictment in the Superior Court of the county in which the crime was committed, and on conviction shall be punished as prescribed in Sec. 1065 of the Penal Code of Georgia. Malpractice in office. Sec. 17. Be it further enacted, That the Mayor and Aldermen shall meet once in every month for the transaction

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of business and not oftener, unless in the discretion of the Mayor or Mayor pro tem., it becomes necessary to have an extra meeting and in that event the Mayor or Mayor pro tem. may call the Aldermen together at once at the usual place of meeting. That the Mayor or Mayor pro tem. shall preside at all meetings of the Aldermen, and shall vote only in case of a tie. The Mayor or Mayor pro tem. and two Alderemn, shall constitute a quorum for the transaction of business. Meetings of council. Sec. 18. Be it further enacted, That in case of vacancy in the office of Mayor or Alderman by death, resignation or otherwise, an election to fill such vacancy shall be ordered by said Mayor and Aldermen to take place at such time and place as may be specified in such order, and public notice of the same, posted at three different places in said town for the space of ten days. Vacancy in office. Sec. 19. Be it further enacted that the Mayor and other officers shall receive such compensation and pay as the Mayor and Council shall deem proper, but their compensation shall not be increased or diminished during their term of office. Compensation of officers. Sec. 20. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1920. BOWERSVILLE SCHOOL TAX. No. 584. An Act to amend an Act to establish, maintain and operate a system of public schools in the Town of Bowersville, in Hart County, Georgia, to authorize the municipal authorities of said town to assess, levy and collect taxes to maintain said public schools, and for other purposes, approved August 21st, 1911.

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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That Section 9 of the Act referred to in the caption of this bill, be and the same is hereby amended by striking the words one-half of one per cent., in line 26 of Section 9, and inserting in lieu thereof the words one per cent., so that said section when amended shall read as follows: Act of 1911 amended. To be read. Sec. 9. Be it further enacted by the authority aforesaid, That the Board of Aldermen of the Town of Bowersville be and the same is hereby authorized and empowered to levy and collect annually a tax upon all real and personal property subject to municipal taxation within the corporate limits of said town for the purpose of supporting said public schools, and that all laws and ordinances now in force or which may hereafter be adopted by said municipal authorities regulating, governing and controlling and levying, assessing and collecting of the other taxes of said town shall apply to, regulate, govern and control the levying, assessing and collecting said school tax, and that said funds so raised, together with all tuitions, matriculations, incidentals and entrance fees, provided for in this Act, and all funds due and received from the State of Georgia out of the public school funds of said State, shall be set aside by the said Board of Education and shall constitute what shall be known as the public school fund of the Town of Bowersville, which shall be used exclusively for public school purposes, and that all of said moneys shall be paid over to and held by the secretary and treasurer of the Board of Education of said town, to be paid out by him upon the order of the Board of Education as required under this Act; provided, however, that the tax levies under this section upon real and personal property shall in no event exceed one per cent. on all property subject to municipal taxation. School tax rate.

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Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920. BROXTON SCHOOL FUNDS, PAYMENT OF. No. 561. An Act to amend an Act entitled An Act to amend the charter of the City of Broxton, approved August 21, 1906, by providing that public school funds be paid directly from the State School Superintendent to the treasurer of the Board of Education of the City of Broxton, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That Section 2 of an Act entitled an Act to amend an Act incorporating the City of Broxton, approved August 21, 1906, be and the same is hereby amended by striking from Section 2 all that portion of said Section 2 which amends Section 22 of the Act entitled an Act to incorporate the City of Broxton, approved July 27, 1904, and inserting in lieu thereof the following: For Section 22. That it shall be the duty of the Mayor and Council of the City of Broxton to levy and collect the taxes hereinbefore provided, and keep a separate account of the same to the credit of the public school fund, which fund shall be subject to the orders of said Board for the support and maintenance of said public schools. Said taxes shall be collected by levy and sale, as provided by the charter and ordinances of said city, and no person shall have the benefit of said schools who fails or refuses to pay all taxes assessed against them by said city authorities; that so long as the public schools are kept and maintained in the City of Broxton, the State School Superintendent is authorized

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and required to pay over to the treasurer of the said Board for the use of the public schools, under such rules and regulations as said Board may prescribe, the proportion of the common school funds arising from any source belonging to said city, to be by them expended in the establishment and maintenance of said public schools, as authorized and directed by the Constitution and laws of the State. That all children whose parents, guardians or natural protectors have been bona fide residents of said city for thirty days immediately preceding their application for admission into said schools, shall be entitled to the benefit of said schools. The Board may also admit children into said schools whose parents, guardians, or natural protectors, do not reside within the corporate limits of said city upon the payment of such tuition fees as the board may deem reasonable and proper. All sums arising from this source shall be used only for the purpose of maintaining said schools. Act of 1906 amended. Sec. 22. Public school fund from taxes. State fund proportion. 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 9, 1920. BRUNSWICK CHARTER AMENDED. No. 609. An Act to amend the charter of the City of Brunswick, to change the corporate name of said City, to abolish the offices of Mayor and Aldermen and certain other offices of said city created by legislative enactment, to provide for a Commission-Manager form of government for said city, and for other purposes. ALPHABETICAL INDEX To Subjects Treated in the Foregoing Act. (The numbers refer to the numbered Sections of the Act.) A Aldermen, office of, abolished 2 Arbitration of Tax Assessments 45 Assessments, tax, arbitration of 45 Assessments for street paving, etc., how made 33, 34, 37 Auditing of city books and records provided for 17 B Bonds of city officers and employes provided for 48 Bonds for street improvements provided for 36 Books and records audited 17 C Chief of Police ex-officio Marshal 50 City of Brunswick, The, name of municipal corporation changed to 1 City Manager, how elected, qualification, salary 13 City Manager, bond of 48 City Manager, duties and powers 14, 33 City Manager, how removed from office 15 Commission-Manager plan of government provided for 3 Commissioners, qualifications, powers 4 Commissioners, first elected, how, and terms of office 5 Commissioners, how and when elected after first Commissioners elected, and term of office 8 Commissioners, authority as to ordinances 18 Commissioners, oath of office 6 Commissioners, effect of vacancy in office of one or more Commissioners 12 Commissioners, penalty for promising support for office before election 7 Commissioners, recall elections provided for 12 Commissioners, meetings of 16 Commissioners, appoint Secretary of Commission 11 Commissioners, appoint City Manager 13 Commissioners, appoint Recorder 22 Commissioners, may preside in Police Court when 22 Commissioners, street paving, c., authority as to 28, 41 Commissioners, power in quarantine matters 53 Commissioners, salaries of 10 Commissioners, vacancies in office how filled 27 Computation of time 41 D Date when Act goes into effect. Enacting clause. Departments of City Government provided for 46 Deputies, of departments, how appointed 51 E Election of first Commissioners provided for 5 Election of future Commissioners 8 Election recall for Commissioners 12 Election referendum for ordinances 18 Election initiative for ordinances 19 Election as to grant of franchise 52 F Franchises, election for grant of 52 Funds of city. how disbursed 14 I Initiative, election on ordinances provided for 19 M Manager; see City Manager. Mayor, office of abolished under present charter 2 Mayor, under Commission-Manager plan, election of, duties and powers 9 Marshal, duties of performed by Chief of Police 49 N Name of municipal corporation changed 1 O Oath of Commissioners 6 Oath of other employes 48 Officers created by legislative enactment abolished 2 Ordinances, how adopted 18 Ordinances, initiative election for 19 Ordinances, codification how made 20 Ordinances now of force, how far affected by this Act 21 Ordinances not to relate to more than one subject matter 20 Ordinances not to contain matter in the body not referred to in the title 20 Ordinances, referendum election on 18 P Paving, where State or county is owner of adjoining land 40 Paving of streets, c., provided for 29 Paving, cost of how charged against property owners 30 Paving, time of maturity of assessments for 34 Paving, ordinances for 31 Paving, letting contracts for 32 Paving, entire assessment paid when 37 Paving, assessment made lien on property 35 Paving, apportionment of assessments 33 Paving, bonds for provided for 36 Paving, objections by owners, consideration of 33 Paving, assessments for payable when and to whom 37 Paving, correction of assessments 33 Paving, suits on account of how maintained 38 Paving, optional with Commissioners, method of 40 Paving, railroads, how compelled 28 Paving, referendum election on adoption of sections 29 to 40, inclusive 41 Permanent registration of voters provided for 26 Police Court, continued 22 Police Court, Recorder for 22 Police Court, powers and duties of Recorder 22 Police Court, Commissioner may act as Recorder when 22 Property sold by city, how title to perfected 23 Q Quarantine, how declared by Commissioners 53 R Railroads, owners of how compelled to pave, c. 28 Real Estate, title of in city, how sold 25 Recitals of fact, pertinent, in city deeds, effect of 24 Recall election of Commissioners provided for 12 Recorder of Police Court, duties and powers, and how removed 22 Removal of city employes 14 Referendum election on ordinances provided for 18 Registration, permanent, of voters provided for 26 Repaving of streets, c., provided for 39 Repeal of conflicting law provided for 54 S Salaries of Commissioners 10 Salaries of employes, how fixed 11, 13, 22 47 Secretary of Commission, appointment, term, qualifications, and duties 11, 12, 14, 18, 19, 23, 26, 27, 33, 36, 44, 45 Secretary of Commission, bond of 48 Service of suits against city 43 Sundays, when and when not, included in computation of time 42 T Taxes, present method of assessing, levying and collecting, continued 44 Taxes, executions for how issued 49 Tax Assessor, office of and duties continued 33, 44 Tax Assessors, arbitration of assessments by provided for 45 Time, computation of 42 Treasurer, office of continued 44 Treasurer, duties of 34, 37, 44 Treasurer, office may be abolished, how 44 Tax sale titles, how perfected 23 Titles to property sold by city, how perfected 23

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Be it and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the passage and approval of this Act, and on and after January 1st, 1921: Section 1. The name of the municipal corporation heretofore existing in this State and known as The Mayor and Council of the City of Brunswick shall be and the same is hereby changed to The City of Brunswick. Corporate name changed. Sec. 2. The offices of Mayor and Aldermen and all other officers of said city created by legislative enactment, except as hereinafter provided for, are hereby abolished, and all laws creating such offices and defining the duties and authority pertaining thereto are hereby repealed, except as hereinafter provided for. Offices abolished. Sec. 3. Said municipal corporation shall be governed by a Commission and a Manager as hereinafter provided. Commission and manager.

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Sec. 4. The Commission shall consist of three male persons, who shall have been citizens of said city for at least one year next preceding their election or appointment. Each Commissioner must be at least twenty-five years of age. Said Commission shall have all the powers and authority now belonging to the Mayor and Aldermen and to the Mayor and Council of said city, except as hereinafter provided. The Commission shall have in addition such other power and authority as in this Act shall be given it. Membership qualification. Powers. Sec. 5. The first members of said Commission shall be elected as follows: The clerk of said city shall on the 18th day of October, 1920, open a book for the registration of voters, such book shall be kept open for a period of thirty days during the hours now provided by law. No person shall be allowed to register unless he shall be qualified so to do under the present laws pertaining to said city. Notice shall be published by said clerk in the official newspaper notifying the voters of said city that the book is opened for the registration of voters to vote at the election of such Commissioners, and that the election will be held on December 7, 1920. This notice shall be published daily for ten days before the book is opened. The book shall be closed at the end of thirty days, and the present Board of Registrars of said city shall go over the same and shall make up the list of registered voters as the same is now made up for city elections. No person shall be voted for at such election unless a nominating petition signed by at least fifty persons whose names shall appear on the last registration list of said city shall be filed with the clerk at least ten days before the election day. Such qualified signers may sign as many as three such nominating petitions, but no more. Such election shall be held by managers and clerks selected by the Mayor and Aldermen and they shall hold said election under the same laws and regulations as now govern city elections in said city. The ballots to be used in said election shall

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contain, in addition to the names of the candidates for Commissioners, the other words as provided by Section 41 of this Act. Said election shall be held on December 7, 1920. The managers shall report the results of said election to the Mayor and Aldermen as the results of city elections are now reported, and the Mayor and Aldermen shall thereafter at the first meeting lawfully held after such election, declare the three persons who shall receive the highest number of votes cast at such election as Commissioners. The person who shall receive the largest number of votes shall hold office as Commissioner for a term of three years, the person receiving the next largest number shall hold office for a term of two years, and the person receiving the third largest number shall hold office for a term of one year. Their terms of office shall begin on Jan. 1st, 1921. If it shall happen that no candidate of the three successful ones shall receive a larger vote than the other two, then the three successful ones shall determine by lot which of the three successful ones shall hold office for three years, and which for two years. If one candidate shall receive a larger vote than the other two successful ones, but the latter two shall receive the same number of votes, then those two shall determine by lot which of them shall hold office for two years and which for one year. No election shall be held in said city for Mayor and Aldermen or for Mayor or Aldermen in the year 1920. Registration of voters. Nomination of candidates. Elections. Ballots. Time of election. Results. Terms of office. Sec. 6. Before entering upon the discharge of their duties, each of said Commissioners, and all future Commissioners, shall take and subscribe before some Judge or Justice of the Peace the following oath, which shall be entered on the minutes of the Commission: I do solemnly swear that I will faithfully demean myself as a Commissioner of the City of Brunswick during my continuance in office; that I will discharge the duties of the office to the best of my ability; that in the enactment and revision of all legislation I will have due regard for the charter of the City of Brunswick, the Constitution and

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laws of the State of Georgia, and of the United States of America; and I do further swear that I have not, either in the general election, or in party primary, in which I was a candidate, directly or indirectly expressed or implied any promise of support to any person for any office in the government of the City of Brunswick, nor have I influenced my election by the unlawful use of money, or other thing of value, or by the use of intoxicating liquor. I do further swear that I will not knowingly permit my vote in the election or appointment of any person to a position in the city government or on the passage or adoption of any ordinance before the Commission, to be influenced by fear, favor, affection, reward or the hope thereof, but that in all things pertaining to my said office, I will be governed by my conviction as to the public good. So help me God. Oath of office. Sec. 7. No candidate for Commissioner shall, before his election, or in party primary election, directly or indirectly promise any person to appoint or vote for such person, or any other person, to any office or employment in said city government. For a violation of this provision, the candidate making such promise, and the person to whom the same is made, shall forfeit his or their office, and either or both shall, upon conviction, be punished as prescribed in Section 1065 of the Penal Code of Georgia. Either of the parties to such promise shall be compelled to testify against the other, and the one of said parties first testifying against the other shall himself be immune from prosecution on account of the transaction about which he testifies. Unlawful promise. Penalty. Sec. 8. After the election in 1920, one Commissioner shall be elected each year as follows: An election shall be held on the first Tuesday in December, 1921, and on the first Tuesday in December of each year thereafter, to elect the successor to the Commissioner whose term shall expire on the following January 1st. The term of each Commissioner so elected shall be three years. No

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person shall be voted for at such election unless a nominating petition signed by at least fifty persons whose names shall appear on the last registration list of said city, shall be filed with the Secretary of the Commissioner not less than ten days before the day of the election. The Secretary of the Commission shall at ten o'clock a. m., on the first Monday in October of each year, open a book for the registration of voters in said city, and shall keep such book open from day to day (Sundays excepted) from ten a. m. to one p. m., and from two p. m. to six p. m., lawful time of the State of Georgia at such times, until six p. m. on the first Tuesday in November following. In such book shall be written the name of the registering voter, his age, occupation, and place of residence in said city. No person not qualified under the present laws of said city shall be permitted to register or to vote in any such election, except persons whose names shall be on the permanent registration list of said city, and except that any person who shall be absent from said city during the entire time that such registration shall be open, shall be allowed to vote if otherwise qualified. Any person who is, at the time he offers to register, possessed of all the qualifications of a voter except time of residence in said city and majority, and who by election day will possess those requisites, may be registere The Secretary of the Commission shall as soon as possible after said registration book is closed, make up an alphabetical list of all persons registered, showing only their names. This list shall be published once a week for two weeks thereafter in the official newspaper, and such list shall be posted at the City Hall door and the door of Glynn County Court House for ten days. The laws now of force requiring the Tax Collector of said county to furnish a list of tax defaulters and the Ordinary of said county to furnish a list of disqualified voters, to the Clerk of Council shall remain in force except that such lists shall be furnished the Secretary of the Commission. The laws now of force in said city providing for the appointment of registrars for said city and prescribing

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their qualifications, powers and duties, shall continue in force except that the registrars now appointed by the Mayor and Aldermen shall be appointed by the Commission. The lists required to be furnished the Board of Registrars by the clerk of the city shall be furnished by the Secretary of the Commission. The registrars shall complete their work and deliver the revised voters' list to one of the Managers appointed for said election at least two days before the election. Only persons whose names shall appear on such revised list or on the permanent registration list of voters hereinafter provided for, shall be allowed to vote at such election. All the laws now in force providing a punishment for any illegal registration or attempted registration or for illegal voting or attempted voting at any election held in and for said city shall remain in force as to any election held therein. The Commission shall at least five days before the date of any such election appoint three upright and intelligent freeholders, citizens of said city, to be Managers for such election, and shall at the same time appoint clerks for such Managers. The laws now of force in said city pertaining to the oaths of election officers and the place and methods of holding such elections, and the announcement of the results thereof, shall continue in force, except that the results shall be announced to the Commission. The laws now of force in said city providing for contests of elections shall continue in force. Annual elections. Term of office. Nomination. Registration of voters. Voters qualified. List of voters. Publication. Laws effective. Illegal registrations and voting. Election managers. Sec. 9. The Commission shall at its first meeting and immediately after qualifying, elect one of the Commissioners as Mayor of the City of Brunswick. The Commissioner so elected shall continue to hold the title of Mayor for two years thereafter, and successors shall be elected by the Commission for each two years. The Mayor shall have no more authority than either of the other Commissioners, except that he shall act as chair man at all meetings of the Commission, shall approve the minutes of such meetings, shall act as Mayor of said

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city on all ceremonial occasions, and shall have such other authority and duties as hereinafter provided. He shall be ex-officio a member of all Boards of which the Mayor of said city is now ex-officio a member. Mayor. Term. Authority. Section 10. Each of said Commissioners shall receive a salary of two hundred and forty dollars ($240.00) a year, payable in monthly instalments. Such salary shall not be increased or diminished during the term of office of the Commissioner. Salaries. Sec. 11. The Commissioners shall at their first meeting and as soon as they shall qualify, elect a Secretary of the Commission. The Secretary shall be a male person of suitable qualifications for the office. He shall be at least twenty-five years of age, and shall have been a citizen of said city for at least one year next preceding his election. He shall hold office for a term of two years, but shall be removable at any time by a vote of the majority of the Commission without assignment of any reason for such removal being necessary. He shall receive such salary as the Commission shall fix at the first meeting in each year. He shall have charge and custody of all the city records. He shall attend all meetings of the Commission and shall keep accurate minutes of all their proceedings. He shall keep in his office all oaths taken by, and all bonds of, officers and employes. He shall keep a record of all elections and appointments to office. He shall perform such other duties as may be provided by this Act or as may be imposed upon him by the Commission not inconsistent herewith. Secretary. Term; removal. Salary. Duties. Sec. 12. Any or all the Commissioners may be removed from office at any time by a recall election. The procedure to hold such election and to effect such removal shall be as follows: If as many as twenty-five per cent. of the persons who were qualified voters in the last city election as shown by the voters' list for said election, shall present a written petition to the Secretary of the Commission, naming the Commissioner or Commissioners

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whose recall is desired, and specifying in such petition the reason or reasons why they think such Commissioner or Commissioners should be recalled, then the Secretary shall at once publish a notice in the official newspaper stating that such petition has been filed with him, and that a book for the registration of voters who may desire to vote in the election will be opened on a named day, which day shall be twelve days after the first publication of the notice. Such notice shall be published daily for ten days (excluding Sundays). Such book shall be kept open for a period of thirty days as provided for in other city elections, and the existing laws of said city relative to the qualifications of persons undertaking to register shall apply, except in the case of persons whose names shall be on the permanent registration list of said city as hereinafter provided for. The day of the election shall be on the first Tuesday after the expiration of ten days from the closing of the registration books, and the registrars shall during such interval make up the registration list and deliver the same to one of the Managers of the election, as provided for in other city elections. There shall be three Managers and clerks, of the same qualifications as required in other city elections, but the Commissioner or Commissioners whose recall is asked shall take no part in electing or appointing such managers or clerks, and if the recall of all the Commissioners is asked, then the Secretary of the Commission shall name the Managers and clerks. The ballots at such recall elections shall be prepared at the expense of the municipal corporation and shall conform to the following requirements. There shall be printed on the ballots the two propositions as follows: For the recall of Commissioner....., (giving the name of the Commissioner); Against the recall of Commissioner....., (giving the name of the Commissioner), and the same shall be repeated once or twice if two or three Commissioners are being voted on. The voter shall in each case strike from the ballot the proposition to which he is opposed, leaving unstricken

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the proposition he votes for. The Managers shall report the results of such election to the Commission as in case of other city elections, and all such elections shall be held at the place or places and under the methods and system now provided by law for elections of said city. If the majority of those voting in such election shall vote in favor of recalling any Commissioner, his office shall become vacant from the time that the results of said election are announced to the Commission, and the vacant office shall be filled in accordance with the provisions of this Act regulating the election of a Commissioner every year, except that the election shall be held as soon as the same can be legally done, under said provisions, and without waiting for the coming of the dates provided for. Any person so recalled may become a candidate in the election to elect his successor. Any person elected to succeed the recalled Commissioner shall only hold office for the remainder of the unexpired term of the recalled Commissioner. In the event, however, that all three of the Commissioners shall be recalled at the same election, they shall nevertheless continue to hold office until their successors shall be elected and shall qualify. In the event that for any cause there shall be a vacancy in the office of one or more Commissioners, the Commissioner or Commissioners remaining in office shall perform all the duties and shall possess all the power and authority of the Commission until the vacancy or vacancies shall be filled. Recall election to remove commissioners. Notice. Publication. Time. Managers and clerks. Ballots. Result of election. Vacancy how filled. Holding over. Sec. 13. The Commission shall at its first meeting and immediately after qualification, elect a Manager for said city. Such Manager must be an American citizen, not less than twenty-five years of age, but he need not have been a resident of said city previously to his election. He shall be elected for no definite period, and shall be subject to removal at any time as hereinafter provided for. He shall receive a salary payable in monthly instalments, which salary shall be fixed at the time of his election, but which may be changed at any time by the Commission. He must be a man who has had previous

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experience in the Commission-Manager form of government, if such a man can be obtained. Manager's qualifications. Tenure and removal. Salary. Sec. 14. The Manager must devote all his working time and attention to the affairs of the city. He shall not be interested, directly or indirectly, in any business enterprise in said city, or in any person or persons contracting with or making sales to said municipal corporation. He shall have the appointment, subject to confirmation by the Commission, of all heads of departments of said city, and all employes thereof, except the Secretary of the Commission and the Recorder. His appointment of employes below the grade of heads of departments shall not be subject to confirmation by the Commission. He shall have the right to remove heads of departments and other employes (except the Secretary of the Commission and the Recorder) without the consent of the Commission and without assigning any reason therefor, except that in case he removes the head of any department he shall state to the Commission in writing the cause of such removal. The Manager shall be responsible for the efficiency of each department of the city government (except in the cases of the secretary of the Commission and the Recorder) and shall from day to day personally inspect the workings of each department. He shall have an office at the City Hall and shall keep his office open one hour each day (except Sundays and holidays) at an hour of the day to be fixed by him, during which all residents of the city shall be free to appear and make complaints against the operation of any department of the city government. He shall have charge of the purchase of all supplies and material for the municipal corporation. The Manager must at the first of each year submit to the Commission for its consideration a budget of proposed expenditures for that year, showing in as much detail as practicable the amounts allotted to each department of the city government, and the reasons for such estimated expenditures. No part of any amount alloted to any department shall be expended by the Manager

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on account on any other department except upon consent of the Commission. The Manager must make a full written report to the Commission on the first of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the secretary of the Commission in the official newspaper. All payments of city funds except salaries of the Commissioners, of the secretary of the Commission, and of the Recorder shall be made by vouchers drawn in duplicate by heads of departments and countersigned by the Manager. All such vouchers in duplicate shall be handed by the Manager to the secretary of the Commission, who shall keep a record thereof, shall also keep one of said vouchers in his records, and shall pass the other of said duplicate vouchers to the City Treasurer, who shall draw checks on the bank or banks in which the city funds shall be deposited, which checks shall be payable to the person or persons in whose favor the voucher is drawn. Manager's duties, powers, etc. Budget of expenditures. Reports monthly. Payments by vouchers. The Manager shall have the right to attend all meetings of the Commission and to discuss with the Commissioners all matters coming before the Commission, but shall have no vote thereon. Sec. 15. A majority of the Commission shall have the power to demand the resignation of the Manager without cause. Demand for for resignation. Sec. 16. The Commission shall meet at least twice each month in the City Hall, unless providentially prevented, at such hour as shall be fixed by it. This hour must be published and shall not be changed except after published notice stating the hour to which changed. The Commission shall meet oftener as may be adjudged necessary for the public good. All such meetings shall be public, and open to all the residents of the city. Meetings. Sec. 17. The books and records of said city shall be audited at least once every three months by expert auditors or accountants employed for this purpose by the Commission,

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and such auditors or accountants shall make written reports of the results of such audits. The fees and expenses of such auditors or accountants shall be paid out of the city funds. Audit of books and records. Sec. 18. The Commission shall have all the authority now possesed by the Mayor and Aldermen in adopting ordinances, and the present laws regulating the adoption of ordinances shall continue in force, except that a proposed ordinance, after being read at any meeting of the Commission, shall be published in full in the official newspaper and shall not come up for passage until ten days after such publication. If during said period of ten days, a petition shall be filed with the secretary of the Commission, signed by at least one-fourth of the voters whose names appear on the last registration of voters' list of said city, requesting that said proposed ordinance be referred to a vote of the people, the Commission, before finally adopting said ordinance, shall order a referendum election thereon, the procedure for which shall be as follows: The secretary of the Commission shall publish a notice for ten days in which notice shall be given the text or a full synopsis of the proposed ordinance, stating that a petition for a referendum election on the proposed ordinance has been filed with him, announcing that a special referendum election will be held on a certain day (naming the day), and that a special registration book for said election will be opened on a certain day, which day shall be ten days after the first publication of the notice. Such registration book shall be open and kept open as provided for in other city elections, and all the other registration and election laws of said city shall control such registration and election. The election shall be held on the first Tuesday following the ten days after the closing of the special registration book. The registrars shall make up the registration list for said election as in case of other city elections. The ballots used shall be printed at the expense of the city, and shall state the title of the ordinance and its substance and below such

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statement shall state the two propositions, For the ordinance, and Agains the ordinance. The voter shall strike from the ballot the proposition to which he is opposed, leaving unstricken the proposition he favors. If a majority of such voters shall vote in favor of the proposed ordinance, the Commission shall thereupon in due course adopt the same, but if a majority shall vote against the proposed ordinance, it shall not be adopted by the Commission until it shall have in a future election been voted in favor of. Ordinances. Referendum. Notice of election. Registration of voters. Election and ballots. Sec. 19. If as many as one-fourth of the voters who were on the list of qualified voters at the last city election shall present a written petition to the Commission, setting out in such petition that they desire the adoption of a certain ordinance (the form of which shall be given in the petition), although the Commission may not be willing to adopt such proposed ordinance, either in form or substance, nevertheless an election shall be called by the Secretary of the Commission for the purpose of submitting such proposed ordinance to a vote of the people, which vote shall be taken as follows: The Secretary shall publish the text of the ordinance as set forth in the petition in the official newspaper for ten days, such publication to be made only three times in said ten days, and also stating that the adoption or rejection of the proposed ordinance will be submitted to a vote of the people at an election to be held on a named day, and that a special registration for said election will be held and a book opened for registration of voters, which day shall be two days after the last publication of the notice. On such day such book shall be opened and kept open for thirty days as in case of other city elections. After the closing of such book the registrars shall within ten days thereafter make up the voters' list for said election and deliver the same two days before the election to one of the managers for said election, to be selected by the Commission. The laws of said city with reference to the registration of voters, qualification of voters, making

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up of voters' list, appointment of managers and clerks, and holding of elections, shall apply to such elections. Persons whose names shall appear on the permanent registration list, and which shall not be removed therefrom by the Registrars as herein provided for, shall also be allowed to vote in said election. Printed ballots shall be prepared and furnished at the expense of the municipal corporation, on which ballots shall appear the text of the title and body of the proposed ordinance, and below it the two propositions: For the above ordinance, and Against the above ordinance. The voter shall strike from the ballot the proposition to which he is opposed, leaving unstricken the proposition he favors. The result of such election shall be certified to the Commission as results of other city elections are announced, and if it shall appear that a majority of the lawful voters at such election shall vote in favor of the proposed ordinance, this shall have all the force and effect as if adopted by the Commission, and the Commission shall declare such ordinance the law of the city. An ordinance once adopted by an initiative election as in this section provided for, cannot be repealed or amended except by a like procedure and election. The provisions of Sections 18 and 19 of this Act shall not apply to ordinances proposed under the provisions of Section 20 and Sections 28 to 40, inclusive, of this Act. Initiative ordinance; proceedings and election as in case of referendum. Sec. 20. No ordinance, whether adopted by the Commission or by an initiative election, shall be lawful if such ordinance relates to more than one subject matter, or which contains matter not referred to in the title. The Commission shall, however, have the right and authority from time to time to have the then existing ordinances of said city codified, and to adopt by ordinance the Code as a whole, and a copy of such Code duly certified as being a true copy by the Secretary of the Commission, shall be received in evidence in all the Courts of this State as if the Code itself had been properly introduced in evidence. Ordinances. what lawful. Code of laws.

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Sec. 21. Ordinances now of force in said city shall not be affected by this Act, except when any such ordinance shall be in conflict with any of the provisions hereof. Existing ordinances. Sec. 22. The Police Court of said city shall be presided over by a Judge, who shall be designated as Recorder, and who shall have all the power and authority in said Court and in the conduct thereof and in trying and punishing offenders against the laws or ordinances of said city as now given the Mayor or other presiding officer in said Police Court. The present method of procedure in said Court shall continue. The Recorder shall be of good moral character, and shall have been a citizen of said city for at least one year preceding his election. He must be at least twenty-five years of age at the time of his election. He shall be elected by the Commission for a term of two years, but shall be subject to removal at any time by a vote of the majority of the Commission. Before removal, however, written charges must be preferred against him, setting out in detail the nature of the charges against him, which charges must be signed by one or more of the Commissioners. The Recorder must be furnished with a copy of such charges, and of the time when the same will be heard, which must not be less than five days after a copy of such charges shall have been furnished him. Such hearing shall be public and the Recorder shall have the right to be present thereat and to call witnesses in his own defense; but the action of the Commission in removing or in refusing to remove the Recorder after such hearing or after he is given the opportunity to be heard shall be final, and there shall be no appeal from the action of the Commission. Recorder's police court. Recorder's qualifications. Election and term. Removal. Hearing on charges. In case of the disqualification, illness, absence from the city, or vacancy in office, of the Recorder, the Mayor or any one of the Commissioners may act as Recorder, and shall have all the power and authority of the Recorder while acting as such. The Secretary of the Commission shall be ex-officio clerk of the Police Court and shall perform all the duties and have all the authority

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therein now possessed by the clerk of said city. At least three sessions of the Police Court shall be held each week and as much oftener as the Recorder or Acting Recorder may see fit. The present law governing the taking of certioraris from the Police Court shall continue in force. The Recorder shall receive such salary as the Commission shall fix. Acting recorder. Clerk. Certiorari. Salary. Sec. 23. If any property which has been returned for taxation to said city shall be sold for taxes owing said city, and shall not be redeemed from such tax sale within the time allowed by law for such redemption, or if any property shall be sold under any other execution issued by said municipal corporation, before any such sale shall become effective to pass the title to such property, the Commission shall, acting by its Secretary, give written notice to the person against whom the execution issued, describing the property, advising him that the property has been so sold, and that the time of redemption has passed, and further advising that the tax payer or other defendant in execution may appear before the Commission on a day named (which must not be less than fifteen nor more than thirty days from the date of such notice) and submit evidence showing that an excessive levy was made when said property was levied on or that the requirements of law were not complied with otherwise, and that in default of such appearance, the Commission will proceed to determine these questions for itself. This notice must be mailed to the defendant at his last known post-office address. If such person shall appear and shall submit evidence, showing to the satisfaction of the Commission, that the levy was excessive, or that there was some error or defect in the procedure, or if the Commission shall, after consideration and without any appearance by the person notified, decide that such levy was excessive or that error was committed in the procedure then the Commission thall direct the levying officer to dismiss the levy already made, and to make a new levy on only so much of said property as shall be

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reasonably sufficient to pay the amount of the execution and all costs, or to correct the errors committed in making such levy or sale, or both, which order shall be obeyed by the levying officers and all other officers and employes of said city. If, however, the Commission shall decide against the objections raised or shall, if no objections are raised, decide that the levy is not excessive and that no mistakes or errors occurred in the procedure, then such decision in any case shall be final and there shall be no appeal therefrom, and the purchaser at such sale shall acquire a good title. If the property levied on is of such a character that it cannot be fairly and practically subdivided and a part only levied on, then the objection to question of any excessive levy shall not be considered. Nor shall any such objection or question be considered when the property is properly sold as unreturned property. Tax sales. Notice to owner. New levy. Tax title. Sec. 24. All pertinent recitals of fact made in deeds or bills of sale conveying property sold at tax sales, or sold under lawful process, by said municipal corporation, acting by its duly authorized officers, shall be held and taken as prima facie true, but may be rebutted. Recitals in deeds, etc. Sec. 25. No real estate, title to which is or shall hereafter be in said municipal corporation, shall be sold by the Commission except at public sale after ten days' advertisement, or unless bids have been invited for said property by ten days' advertisement, and even then such property shall not be sold or any bid accepted unless the amount offered for such property shall at least equal onehalf the last city assessed value of said property; provided, however, that if the Commission shall, with the written concurrence of the City Manager, unanimously agree to accept a less amount than one-half such assessed value, the same may be done. Sales of mun'cipal realty. Sec. 26. Beginning with the registration of voters directed by this Act to be taken for the election at which the first Commissioners are elected, the name of all such

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voters who shall be finally placed on the registration or voters' list for said election, shall be placed on a permanent registration list for said city by the Secretary of the Commission, and names of other voters whose names shall appear on registration or voters' list for other city elections, shall from time to time be placed on said permanent registration list by said Secretary after each such election. When any person's name shall have been placed on said permanent registration list, it shall not be necessary for him to register again in order for him to be entitled to vote at any city election, as long as he shall be otherwise entitled to vote; and his name, as long as he is so entitled to vote, shall be placed on the registration or voters' list for all city elections. However, it shall be the duty of the Registrars, when they make up the registration list for any city election, to go over the permanent registration list, and if they shall decide that any person whose name appears thereon shall have become disqualified since his name was placed thereon, they shall give him written notice to show cause before them why his name should not be stricken from said list, stating in such notice the day when he may be heard, and if by said day such disqualification shall not be removed, or if on such hearing it shall appear that he is disqualified, then his name shall be stricken from said permanent registration list. Permanent registration. Striking of names from list. Sec. 27. In the case of the death, resignation, removal from office, or vacation from office by removal from said city (and removal shall operate to create a vacancy just as if there should be a formal resignation) of any Commissioner, the Secretary of the Commission shall proceed to call an election to fill such vacancy, and such election shall be called and held as in the case of an election held to elect to fill a vacancy caused by a recall election as in this Act provided for. Vacancy in office. Sec. 28. Any person, natural or artificial, now or hereafter owning a railroad of any character which has or may hereafter have tracks running on the streets,

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avenues, lanes or alleys, or other public places, of said city, may be required by the Commission to pave, macadamize and drain the width of its tracks and two feet or more as the Commission in each case may determine, on each side of every line of such track now or hereafter laid thereon, under such rules, plans and specifications as the Commission shall specify. If such owner shall fail or refuse to comply with the order of the Commission to make such improvements after receiving thirty days' notice to do said work, a reasonable time being given in which such work shall be completed after being begun, then such work may be done by the Commission at the cost and expense of such owner and such cost and expense shall be charged against such owner, and the municipal corporation shall be entitled to a lien for the full amount of such cost and expense against the property of such owner, which may be enforced against such property as hereinafter provided for the enforcement of other liens for paving. Railroads to pave and drain. Improvement by Commission. Lien. Sec. 29. Whenever the Commission shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane, or any part of them, the Commission shall by ordinance declare such work or improvement necessary. Unless between the time of the first publication of the ordinance and the time when it can be finally adopted, more than one-half the owners in area of the land liable to assessment to pay for such improvement shall file with the Secretary of the Commission their protest in writing against such improvement, then the Commission shall have the power to pass and adopt the proposed ordinance, and to levy assessments as herein provided for. Any number of streets, avenues, lanes or alleys, or parts thereof to be so improved, may be included in one ordinance, but any protest or objection shall be made as to each street or highway separately; provided, however, that if the owners of more than one-half in area of the land liable for any such improvement shall petition that Commission

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for such improvement of any street or highway or part thereof, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petitioners for such improvement, then the Commission may cause such improvement to be made in accordance with the prayers of the petition, without the adoption of any ordinance; provided that the Commission shall finally have the right to determine the kind of material to be used for such improvement, and the width thereof. Street improvements. Protest by landowners. Sec. 30. The lots, pieces or parcels of land fronting and abutting upon both sides of said improvements shall be charged with the cost thereof according to the jsut pro rata of the entire cost of said improvements for said frontage, provided that the frontage of intersecting streets, avenues, lanes or alleys shall be assessed as real estate abutting upon the street, avenue, lane or alley to be paved or otherwise improved, and the municipal corporation shall be for all intents and purposes of these paving provisions of this Act the owner or legal representative of real estate abutting on any such street, avenue, lane or alley, shall possess the same rights and privileges as other owners of real estate abutting on any such street, avenue, lane or alley, and the Commission shall pay from the city treasury the just pro rata of the entire cost of said work or improvement for the said frontage. Assessments of cost of improvement. Sec. 31. Whenever the petition provided for in Section 29 of this Act is presented or whenever the Commission shall have determined to pave, grade, drain or otherwise improve any street, avenue, lane, alley or any part of them, and shall have passed the ordinance provided for in said section, the Commission shall then have the power to enact all further ordinances and to establish all rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas or sewer pipes in and underneath

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the streets, avenues, lanes or alleys where such public improvements are to be made, and all costs and expenses of making such connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvement. Ordinances, rules. etc. Costs and expenses. Sec. 32. After the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such improvement signed by more than one-half the owners in area of the property to be assessed, if such petition shall be found in proper form and properly executed, the Commission shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of the Commission to proceed with the improvement, stating the material to be used, and the manner of construction, and defining the extent, character and width of the improvement, and such other matters as may be necessary to instruct the City Manager and his subordinates in preparing for such improvement the necessary plans, plots, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as the Commission shall deem proper to impose with reference to the letting of the contract and the provisions thereof, and the Commission shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and of the contract, and for the protection of the city and all property owners interested, aainst any loss or damae by reason of the negligent or improper execution of the work, and may require a bond in an amount to be stated, for the maintenance in good condition of such improvements for a period of at least one year from the date of the completion, or both, in the discretion of the Commission. Said resolution shall also direct the City Manager to advertise for

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bids for furnishing the materials and performing the work necessary in making such improvements. The notice of such bid shall state the street, avenue, lane or alley to be improved, the kind of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor, and shall state the time and place where such sealed bids shall be filed and when and where the same will be considered by the Commission. Such notice shall be published daily for ten days in the official newspaper. At the time and place specified, the Commission shall examine all bids received and without unnecessary delay award the contract to the lowest and best bidder; which contract shall in no case exceed the estimate of cost submitted by the city manager for such work, and the Commission shall have the right to reject any and all bids and re-advertise for other bids when any such bids are not in its judgment satisfactory. Resolution to proceed with improvement. Bids; notice. Award of contract. Sec. 33. As soon as the contract is let and the cost of such improvements, which shall also include all other expenses incurred or to be incurred by the municipal corporation incident to such improvement, in addition to the contract price for the work and materials ascertained, the Commission shall by resolution appoint a board of appraisers, consisting of the City Manager and the city tax assessor, to appraise and apportion the cost and expense of the same to the several tracts of land abutting on the proposed improvements. Within ten days from the date of the resolution appointing such board, the board shall file a written report of the appraisal, assessment and apportionment of such expense and cost to the several tracts of land abutting on such street, avenue, lane or alley, with the secretary of the Commission. When such report shall have been returned and filed, the Commission shall designate a time for holding a session for the hearing of any complaints, or objections, that may be made concerning such appraisement, assessment and apportionment as to any such tracts of lands abutting on the proposed improvements, and notice of such session for

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such hearing shall be published by the secretary daily for five days in the official newspaper, and the notice shall provide for an inspection of the return by any person interested therein. The time fixed for such hearing shall be not less than five nor more than ten days from the last publication. The Commission shall at said session have power to review and correct said appraisement, apportionment and assessment and to hear objections to the same, and to confirm finally the same as made by the board or as corrected by the Commission. Assessments in conformity to said appraisement and apportionment as confirmed by the Commission shall be payable in ten equal annual installments and shall bear interest at the rate of seven per cent. per annum, from the time said assessments are fixed, until paid, the assesments to be payable in each year at such time as the several installments of the assessments are made payable each year. The Commision shall by ordinance levy assessments in accordance with said appraisement and apportionment as confirmed against the several tracts of land liable therefor. Appraisement and apportionment of cost. Report. Obections and hearing. Review and correction. Levy of assessments. Sec. 34. The first installment of said assessment together with interest to that date on the whole shall be due and payable on the first day of September next succeeding the adoption of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on September first of each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in any year, the first installment of such assessments and interest shall be due and payable on September first of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments in full within thirty days from the date of the passage of the ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest

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within said period of thirty days to the Treasurer of the city, and relieve their property from the lien of said assessment, which money so paid to the Treasurer shall be disbursed pro rata between the contractor and the muincipal corporation in proportion to their respective interest. Installment payments. Payment in full without interest. Sec. 35. Such special assessment and each installment thereof, and the interest thereon, and all costs incurred by the municipal corporation in connection therewith are hereby declared to be a lien against the tracts of land so assessed from the date of the ordinance levying the same co-equal with the lien of taxes and prior to and superior to all other liens against such tracts, and such lien shall continue until such assessment and the interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant of warranty. Lien of assessment. Sec. 36. The Commission, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing the date fifteen days after the passage and adoption of the ordinance levying such assessment, and of such denominations as the Commission shall determine, which bond or bonds shall in no event become a liability of the municipal corporation, of the City of Brunswick, nor of the Commission. One-tenth in amount of any such series of bonds with the interest upon the whole series to that date shall be payable on the fifteenth day of September next succeeding the maturity of the first installment of the assessments and interest and one-tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on September fifteenth in each succeeding year until all shall be paid, such bonds to bear interest at a rate not exceeding six per cent. per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds and shall on the face thereof

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recite the street, avenue, lane or alley, for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the tracts of land benefitted by said improvement under authority of this Act. Said bonds shall be signed by the mayor and attested by the secretary of the Commission, and shall have the corporate seal of the city affixed, and shall have interest coupons attached, and all bonds issued by authority of this Act shall be payable at such place either within or without the State of Georgia as shall be designated in the bond. Said bonds shall be sold at not less than par, and the proceeds thereof shall be applied to the payment of the contract price and other expenses incurred in making such improvement, or such bonds in the amount that shall be necessary for that purpose may be delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof, which shall be necessary to pay other expenses incident to and incurred in providing for said improvements, shall be sold or otherwise disposed of as the Commission shall direct, and as regulated by law all said bonds shall be registered by the secretary of the Commission in a book to be provided for that purpose, and certificates of registration shall be endorsed by the secretary on each of said bonds. Whenever the owner of any such bonds shall sell or transfer the same, such sale with the name and address of the owner and of the transferee shall be entered on the registry book for such bonds at the office of the secretary, and it shall be the duty of the transferee of said bonds to carry or send such bonds to the secretary for such purpose. Bond issue. When payable. Interest, rate. Sale of bonds. Application of proceeds. Registry. Sale or transfer. Sec. 37. The assessments shall be payable by the persons owning the said tracts of land as the several installments become due, together with the interest on the whole amount as before provided for, to the treasurer of said city, who shall give proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections made by him, and such collections

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shall be kept in a separate account and special fund to be used and applied for the payment of such bonds and the interest thereon, and for no other purpose; except that, at the time that any payment on said bonds shall be due, if there shall be more than enough in such special fund to make payment of the amount then due on said bonds, the other items of expense incurred by the municipal corporation in making such improvement may be paid wholly or partly from such excess. It shall be the duty of the treasurer not less than thirty days and not more than fifty days before the maturity of any such assessments to publish in two successive issues of the official newspaper, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due and designating the streets or other highway on which such assessments have been levied, and that unless the same shall be promptly paid, proceedings will be taken to collect said installment and interest. It shall be the duty of the treasurer promptly after the maturity of any such installment or assessment and interest and on or before September first of each year, in case of a default in payment of such installment or assessment, with interest, to issue an execution against the tract of land assessed for such improvement or against the person owning the same for the amount such assessment, with interest, shall deliver the same to the levying officer of said city, or his deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvement, and after advertisement and other proceedings as in case of sales for city taxes, the same shall be sold at public outcry to the highest bidder, and such sale shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and subject to claims against said property for unpaid taxes; provided that 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 amount shall be paid before

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the affidavit is received for the balance. All affidavits (and these, the foregoing and following provisions shall apply to the railroads against whom executions shall issue for the cost and expense of paving) shall set out in detail the reasons why the affiant claims the amount is not due, and when received by the levying officer shall be returned to the City Court of Brunswick or to the Superior Court of Glynn County, whichever shall be first in session. And there tried and the issue determined as in other cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay under the Code of Georgia. The failure of the city treasurer to publish said notice of maturity of any installment of said assessment and interest shall in nowise affect the validity of the assessment and interest thereon or the execution issued therefor. For all such paving or improving purposes, the person last returning the real estate for taxation to the city shall be regarded and taken to be the owner thereof, and if two or more persons shall return the same property for taxation, the city authorities may proceed against all or either of them, and leave to them the settlement as to who is owner and who is liable; and when no person shall return any such real estate for taxation, then no notice shall be given, but the work shall be done and assessment made and execution issued against the property as unreturned property, and the same shall be levied on and sold as unreturned property is levied and sold for the payment of city taxes owning thereon. Assessments payable. Notice. Executions. Levy and sale. Affidavit of illegality. Returned to City Court. Validity not affected by want of notice published. Sec. 38. No suit shall be sustained to set aside any such assessment or levying or collecting any such assessment or issuing such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any ground or for any reason, other than for failure of the Commission to adopt and publish the ordinance provided for in Section 29 of this Act, and to give notice of the return of the Board of Appraisers, as herein provided for, unless such suit shall be begun within thirty days after the passage of the ordinance

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making such final assessment; provided that in the event any special assessment shall be found to be invalid or insufficient partly or wholly for any reason, the Commission may at any time in the manner provided for the levying an original assessment, proceed to cause a new assessment to be made and levied which shall have the force and effect of an original valid assessment. Suits not maintainable. New assessment instead of invalid one. Sec. 39. In all cases where the Commission shall deem it necessary to repave, redrain, remacadamize or otherwise improve any street, avenue, lane or alley, which had been paved or improved prior to the passage of this law, or which shall have been heretofore paved or improved under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act, and in such cases all provisions of this Act providing for making such improvements and levying assessments therefor and the issuance of the bond shall apply, provided that in the judgment of the Commission the pavement is worn out and no longer serviceable. Renewal of improvement. Sec. 40. Whenever the abutting landowners of any street, avenue, lane, or alley of said city shall petition the Commission as hereinbefore set out, or the Commission shall adopt the ordinance as provided in Section 29 hereof where the State or any of its political subdivision is the owner of any property on such street or other highway the frontage so owned is to be counted as if owned by an individual and shall be so treated for the purpose of assessment, and when the State is the owner the Governor is authorized to sign any petition provided for therein, and where the County of Glynn is the owner, the chairman of the Commissioners of Roads and Revenues is authorized to sign in behalf of the county; and where the City of Brunswick is the owner, the mayor is authorized to sign in behalf of the City of Brunswick. The method of paving, grading, macadamizing, draining, or repaving, redraining, remacadamizing, or otherwise improving, any street, avenue, lane or alley, or any part or

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parts thereof, as provided for in Sections 29 to 40, inclusive, of this Act, shall be, except in cases where the owners of more than one-half in area of the land liable for any such improvements shall petition the Commission for such improvement of any street or highway or part thereof, in addition to and cumulative of the methods now provided by law for such purposes, or any of them, and the Commission in any case may (subject to the exception before stated) use and apply any of said methods. Petition by owners. Cumulative method. Sec. 41. The provisions of Sections 29 to 40, inclusive, of this Act shall not become a part of the law of this State until the same shall have been ratified by a majority of the voters, who shall vote at the election to be held on December 7, 1920, for the purpose of electing the first Commissioners under this Act. The ballots to be used at said election shall in addition to containing the names of the candidates for Commissioners, contain the following: For Sections 29 to 40, inclusive, of the Act of the General Assembly of 1920 amending the charter of the City of Brunswick, etc.; Against Sections 29 to 40, inclusive, of the Act of the General Assembly of 1920 amending the charter of the City of Brunswick, etc. The voter shall strike the proposition to which he is opposed, leaving unstricken the proposition he favors. The managers of the election shall certify the vote on this question to the mayor and aldermen as the other results of said election are certified, and if a majority of the vote cast at said election shall be for said sections, the mayor and aldermen shall so declare, and said sections shall be and become effective and a part of this Act as and when the other parts of the Act become effective; but if a majority shall vote against said sections, the mayor and aldermen so declare, and said sections shall be null and void. However, in the event that said sections are so rejected at said election, the parts thereof which apply to Section 28 hereof shall continue to apply so far as that section is concerned. Election to ratify Sections 29-40 of this Act.

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Section 42. Wherever in this Act it is provided that a thing is to be done for ten days or within ten days, or any less number of days, Sundays shall not be included in computing the number of days; but if the time specified is more than ten days, Sundays shall be included in making the computation. Computation of time. Sec. 43. When any action shall be brought in any court of this State to which the City of Brunswick shall be a party, service of any and all writs which are required to be served on said city shall be made by personal service of a copy thereof on any one of the Commissioners of said city. Service of suits. Sec. 44. The present method of returning property for taxation to said city (such returns, however, to be made to the secretary of the Commission), of assessing property for taxation, and of levying and collecting such taxes and other revenues of said city, and of holding them, shall continue in force, and the offices of Tax Assessor and Treasurer shall continue, with the same duties pertaining to said offices as at present; but the Commission or the people by an initiative election held as herein provided for, shall have the power by ordinance to abolish the office of City Treasurer and to transfer the duties pertaining to such office to other officers of said city and to make a bank or banks of said city depository of the city funds. Tax returns. Offices continued. Election to abolish. Sec. 45. If the owner or agent of any property shall be dissatisfied with the assessment thereof by the Tax Assessor, he shall have the right to ask for an arbitration of the assessment by giving a written notice to the Tax Assessor within five days after March first in any year of his desire to arbitrate, and naming his arbitrator. The Tax Assessor shall, within two days after such notice is given him, name an arbitrator for the city. The two arbitrators shall within two days thereafter select a third, and the written decision of two out of the three shall finally determine the assessment to be placed on such property

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for that year. Such award by a majority must be made within three days after the selection of the third, or the assessment made by the Tax Assessor shall stand. The award shall not be in excess of the amount fixed by the Tax Assessor nor less than the amount claimed by the complainant. Arbitration of tax assessment. Sec. 46. The following shall constitute the various departments of the city government referred to in Section 14 hereof, and the titles of the heads thereof: Police Department (including regulation and management of the jail and chaingang), the head of which shall be designated chief. Departments. Police. Fire Department (including inspection of buildings and issuance of building permits), the head of which shall be designated chief. Fire. Public Health, the head of which shall be designated health officer. Health. Department of Law, the head of which shall be designated city attorney. Law. Tax Department, the head of which shall be designated tax assessor. Tax. Public Works (including care of streets, drains, bridges, sewage system, public buildings, and personal property of the city not belonging to any other department), the head of which shall be designated as director of public works. Public Works. Public Finances, the head of which shall be designated treasurer. Finances. Public Records, the head of which shall be the secretary of the Commission. Records. The Commission may from time to time on the recommendation of the city manager create other departments and may define the duties pertaining to each department.

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Sec. 47. All salaries not otherwise provided for in this Act shall, except in the case of the salary of the City Manager, be fixed on the recommendation of the City Manager by the Commission. Such salaries shall be fixed yearly. Salaries. Sec. 48. The City Manager shall on his qualification give bond in the sum of five thousand dollars and the secretary of the Commission shall likewise give bond in the sum of two thousand dollars, such bonds to be given for the faithful performance of their official duties. Such bonds shall have as surety thereon some recognized fidelity insurance company, and the premiums on such bonds shall be paid out of the city funds. The Commission may from time to time require all or any of the other employes of the city to give bonds for the faithful performance of their duties and may require them to take proper oaths of office. Bonds of City Manager and other employees. Sec. 49. The secretary of the Commission shall issue all executions for taxes and for other amounts owing to the city heretofore issued by the clerk of said city, and he shall keep a record thereof, and shall keep all other city records heretofore kept by said clerk. Secretary. Sec. 50. The chief of police shall be ex-officio marshal of said city and shall perform all the duties imposed on the marshal by law. Chief of police. Sec. 51. Except in the case of the secretary of the Commission and the Recorder, the City Manager may appoint a deputy for any department, which deputy shall have all the authority of the head of the department in the absence, disability or disqualification of the head. Deputies. Sec. 52. No franchise shall be granted by the Commission except by ordinance, and such ordinance shall not become effective unless and until it shall have been submitted to a popular vote at an election held for that purpose, which election shall be called and held as referendum elections shall be called and held under the provisions

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of this Act, except that it shall not be necessary for any petition for such election to be presented to the secretary of the Commission or to the Commission before such election shall be called. Franchises by popular vote. Sec. 53. The Commission may by resolution to be adopted at any meeting thereof and to take effect at once, if so provided in the resolution, exercise all the power and authority heretofore granted the mayor and council of said city in declaring a quarantine and in enforcing the same. Quarantine. Sec. 54. All laws and parts of laws in conflict with any of the provisions of this Act are hereby repealed. Approved August 11, 1920. BUENA VISTA, NEW CHARTER FOR. No. 455. An Act to create a new charter for the Town of Buena Vista, Georgia, to establish a municipal government for said city, to change the time for electing a mayor and five councilmen for said city; to define the rights, powers and duties of the same and of said city and to repeal all conflicting laws. Section 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 that territory now embraced in and known as the City of Buena Vista, located in the County of Marion, State of Georgia, be and they are hereby incorporated under the name of the City of Buena Vista, and by that name shall be and are hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements, and hereditaments now belonging or in any way appertaining to said

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City of Buena Vista as heretofore incorporated, created by this Act, and the said City of Buena Vista created by this Act may sue and be sued, contract and contracted with, plead and be unpleaded with, have and use a common seal, make and enact, through its mayor and councilmen such ordinances, rules and regulations and resolutions for the transaction of its business and welfare and proper government of said city as mayor and council may deem best, and not inconsistent with the laws of the State of Georgia and of the United States and the laws of the said City of Buena Vista shall be capable in law to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any term of years any estate or estates, real or personal, lands, tenements, and hereditaments of what kind and nature soever, within or without the limtis of the said city, for corporate purposes, and to sell, alien or exchange or lease them, or any part thereof, or convey the same or any part thereof. Said City of Buena Vista created by this Act, is hereby made responsible as a corporate body for the legal debts, liabilities and undertakings of said City of Buena Vista heretofore incorporated. The corporate limits of said City of Buena Vista shall extend for one mile in each direction from Marion County courthouse. Corporate name. General powers. Debts. Territory. Sec. 2. Be it further enacted, That the government of said City of Buena Vista shall be vested in a mayor and five councilmen, who shall hold their respective offices as hereinafter provided, and until their successors are elected and qualified. But the term of the present mayor and five councilmen now in office shall terminate and end on the first Monday night in January, 1921, and until their successors are elected and qualified. Mayor and Council. Terms. Sec. 3. Be it further enacted, That on the first Monday in December, 1920, and on the first Monday in December each and every year thereafter, after the passage of this Act, there shall be an election held at the courthouse in said city for the election of a mayor whose term of office shall be for one year, and until his successor shall be

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elected and qualified and five councilmen, two of whom shall be elected for a term of one year, and three for a term of two years, each to hold office until his successor is elected and qualified, provided that at each election after that held on the first Monday in December, 1920, there shall be elected a mayor for one year and two councilmen, or three councilmen as the case may be, alternately, for a term of two years, thus securing the rotation in office of councilmen, so that the full membership of said body may not be completely changed at any one election. The franchises of said corporation shall not be forfeited or discontinued by a failure to hold the election at the proper time; but the mayor and council, or council or a justice of the peace therein may at any time, on giving the inhabitants five days notice, by advertisement in the county newspaper, or by written or printed notices at three public places in the corporation, hold such election; and the persons elected at said election shall have the same power and authority as if they had been elected at the regular period. All elections under this Act shall be held by a justice of the peace, by the Ordinary of Marion County, or by three freeholders residing therein, and each of said managers before entering upon his duties shall take and subscribe before some officer qualified to administer an oath, or before each other, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this day's election and prevent illegalities to the best of our skill and knowledge, so help us God. Such election shall be conducted under rules and regulations governing elections for members of the General Assembly, except that only two lists of voters and two tally sheets shall be kept. At all elections the polls shall not be opened earlier than nine o'clock, A. M., and shall close at three o'clock, P. M. After the polls are closed, the managers shall count the votes, declare the result and certify the same to the mayor and council. The managers shall deposi with the mayor all papers pertaining to said elections who shall preserve them for ten days and then destroy them, unless notice of a contest has been filed.

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All contests shall be conducted as may be prescribed by law. Annual election. Terms of office. Failure to hold. Elections, how held. Oath of managers. Contests. Sec. 4. Be it further enacted, That the mayor and city council of the City of Buena Vista may provide by ordinance for the registration of voters and no person shall be allowed to vote at any city election held under the provision of this charter except such as shall have been duly registered in compliance with terms of said ordinance. Registration of voters. Sec. 5. Be it further enacted, That no person shall be eligible to election to any town office unless he is a bona fide citizen of said city, but this restriction shall not apply to officers elected by the mayor and council of Buena Vista. Eligibility to office. Sec. 6. Be it further enacted, That within ten days after the election of said mayor and councilmen, and before they enter upon the discharge of their duties, shall, before some officer authorized to administer oaths, take and subscribe the following oath: I do solemnly swear that I will, to the best of my ability, discharge the duties of the mayor (or as councilman, as the case may be) of the City of Buena Vista during my continuance in office, so help me God. Oath of office. Sec. 7. Be it further enacted, That said mayor and council at their first meeting in January of each year, or as soon as practicable thereafter, shall elect the following officers, a majority of the votes cast being in every case sufficient to elect, to-wit: A city treasurer, city marshal, a chief of police and as many other regular policemen as the city council may deem proper to elect, a recorder, a city physician, a city attorney, a superintendent of lights, waterworks and sewerage and such other officers as the mayor and council of the City of Buena Vista may see fit to elect, and said mayor and council of the City of Buena Vista may prescribe by ordinance the duties, fix bonds and fix the compensation of all the city's officers elected by that body, each of the said officers before entering upon the discharge of their duties shall give bond and

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take and subscribe an oath to discharge the duties of the office to which he has been elected. Municipal officers. Duties, bonds, pay, etc. Sec. 8. Be it further enacted, That the mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all the meetings of the mayor and council the mayor, if present, shall preside, and he may vote in all cases of a tie. The mayor and four members of council to constitute a quorum for the transaction of business. A less number, in the absence of a quorum, may adjourn a regular meeting to a future time. Meetings. Quorum. Sec. 9. Be it further enacted, That said mayor and council shall have full power to pass all ordinances, by-laws and regulations which they may deem necessary to the good government of said city, the protection of property, peace, good order, health, comfort and conveniences of citizens thereof, and to fix suitable penalties for the violation of same. They may provide for punishing violators of their ordinances, by-laws, resolutions, by fine, imprisonment in the city prison, or working on the chaingang on the streets of said city, the fine in no case to exceed one hundred ($100.00) dollars and the imprisonment in the city prison not to exceed sixty days, and sentence on the chaingang not to exceed four months and either one or all of said penalties may be imposed at the discretion of the Recorder's Court, and said mayor and council are hereby authorized to have any convict or convicts of said city whipped for failure to work on the streets or eleswhere on the chaingang of the city or to enforce proper discipline. The punishment for failure to work, or any other improper conduct upon the part of any convict shall be whipping, which shall be administered by or under the direction of the city marshal in proportion of the offense, and shall not be excessive. Ordinances for general welfare, etc. Power to punish. Sec. 10. Be it further enacted, That said mayor and council shall have the superintendence and control of the streets, sidewalks, bridges, and alleys and of the public

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square, parks and cemeteries in said city, and may prohibit or remove all obstructions of or encroachments thereon, or interference therewith. They are vested with the power to open and lay out new streets and alleys; to widen or straighten any of the streets or sidewalks or alleys of the city and to assess whatever damages any property holder may incur by reason of such widening or straightening, which damage shall be paid out of the city treasury. If any such property holder is dissatisfied with the damage assessed, upon his or her complaint to be heard, the question of such damage shall be referred to the arbitrant and award of three arbitrators, one to be selected by the mayor and one by the property holder, and the third by the other two. A majority of the arbitrators may make an award. Either party dissatisfied with such findings may enter an appeal to the Superior Court of Marion County by filing with the mayor and council a statement in writing of the case and the amount of the finding and that such party desires to enter an appeal; whereupon it shall be the duty of the mayor and council to transmit said statement to the Superior Court of Marion County, when the question of damages shall be tried by a jury. Said mayor and council shall have power and authority to pave or otherwise improve the sidewalks of said city with whatever material and in whatever manner they deem proper and best, and to assess one-half the cost of so paving or otherwise improving the sidewalks, including all necessary curbings, against the real estate abutting on the sidewalk so paved or otherwise improved, and to enforce the collection thereof, shall have power to issue execution against the owner or owners of said abutting property, as city tax executions are issued, and to order a levy and sale of said abutting property. Streets, bridges, etc.; powers conferred. Arbitration of damages. Appeals. Improvements. Sec. 11. Be it further enacted, That said mayor and council are hereby invested with power and authority to remove or abate nuisances in any part of said city whether on the streets or elsewhere, under such rules and regulations

Page 798

and in such manner as they may prescribe by ordinance or resolutions. Nuisances. Sec. 12. Be it further enacted, That said mayor and council may levy and collect for city purposes a tax not to exceed fifty cents on every one hundred dollars value of real estate, personal property, stock and trade, and all other property therein that may at the time being be taxable by the laws of Georgia. Said mayor and council shall also have the power to levy and collect out of the property aforesaid such additional tax as may be necessary to provide for the payment of the principal and interest of any bonded debt of said city, now existing or hereafter to be created by the city. In all cases the order levying taxes shall be recorded in the minutes of the board, and shall specify for which of the purposes aforesaid it is levied, and how much for each purpose. Tax ad valorem. Sec. 13. Be it further enacted, That said Mayor and Council shall also have power to fix and collect a special tax, a license upon all kinds of business, callings, professions or occupations carried on within the corporate limits of said city; they shall have power and authority to tax, license, regulate and control all opera houses, livery stables, garages, hacks, drays, trucks, and other vehicles used for hire, vendor-masters, auctioneers, theatrical performances, shows, circuses, and exhibitions of all kinds, peddlers and itinerant traders, every keeper of billiard, pool or bagatelle table kept for public use or gain, every keeper of a shooting gallery or a ten-pin alley, or the keeper of any other table, stand or place for the performance of any game, or play, whether played with sticks, balls, cards, dice, rings or other contrivances; also any person running a flying jinney or flying horses, bicycles, velocipedes, or skating rinks for gain, all solicitors, canvassers, selling goods, ware or merchandise, by sample or retail, or to consumers; they shall have power to fix penalties against any and all persons carrying on any of said occupations, or exercising any such privileges, without

Page 799

having first obtained such license and paid a tax therefor. License and occupation taxes. Sec. 14. Be it further enacted, That said Mayor and Council shall have power to require every male inhabitant of said city between the ages of twenty-one and fifty, to work such lengths of time on streets of said city as said Mayor and Council shall direct, and not to exceed ten days for one year. Said persons so subject to work on the streets shall have the right to relieve themselves of said work by paying a commutation tax, which said Mayor and Council shall fix by ordinance, and which tax shall in no event, exceed five dollars for one year; said work to be done and said commutation tax to be paid, at such time as said Mayor and Council shall direct. Any person subject to work on said streets who shall fail to work or pay said tax after being properly notified, may be punished as may be prescribed by said Mayor and Council. Street work. Commutation tax. Sec. 15. Be it further enacted, That in all cases where any taxes, license, fines, commutation taxes are not paid when due, the city treasurer shall issue executions against the delinquents, which executions shall be directed to the city marshal of said city, or his deputies and it is hereby made the right of said city marshal, or his deputies, to proceed to levy and collect all such fi fas, as in the case of fi fas issued for the State and county taxes. Executions. Sec. 16. Be it further enacted, That said Mayor shall be the chief executive officer of the city. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully executed; he shall have general jurisdiction of the affairs of the city. He shall have control of the police of said city, and may appoint special policemen when, in his judgment, it is necessary. He shall have the same power as the justice of the peace, to witness and attest papers, to administer oaths, to issue criminal warrants and to hold courts of inquiry; he may commit offenders tried before him as a court of inquiry, or may admit them to bail in cases where a justice of the peace has

Page 800

power to bail. He shall have the right to remit or reduce the fines imposed by the Recorder's Court imposed upon defendants charged with violating any of the city's laws; he shall have authority to pardon all defendants convicted before the Recorder's Court; he shall have authority to temporarily suspend any city officer, reporting his action and reason therefor, to the next regular or called meeting of the Mayor and Council of said city, who shall hear all the facts of the case and by a majority vote may either discharge or suspend for a definite term or reinstate said officer. Mayor's duties and powers. Sec. 17. Be it further enacted, That there shall be a Recorder's Court in said city for the trial of all of fenders against the laws and ordinances of said city to be held by the Recorder in the Council Chamber of said city as often as may be necessary. In the absence of this disqualification of the Recorder, the Mayor or any member of the Council designated by the Mayor, may hold said Court. Said Court shall have power to preserve order and to compel the attendance of witnesses and punish for contempt, by imprisonment not to exceed ten days, or fine not exceeding ten dollars, either or both. Said Recorder shall have full power and authority, upon conviction, to sentence any offender to labor upon the streets or other public works in said town for a period not to exceed four months, or to impose a fine not to exceed one hundred dollars, or to sentence said offender to be confined and imprisoned in the city prison, or other place of confinement in said city for a period not exceeding sixty days, either one or more of said penalties may be imposed in the discretion of the Recorder. The Recorder shall have the right to issue criminal warrants, to hold preliminary trials and to fix bonds of all persons tried before him to answer for their appearance at Marion County Superior Court for a violation of the criminal laws of said State, or in default of such bond, commit such offenders to jail for safekeeping. Recorder's court.

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Sec. 18. Be it further enacted, That it shall be lawful for the city marshal, or any special policeman lawfully appointed to arrest without warrant, any and all persons violating the ordinances and laws of said city within the limits of said city, and to confine such person or persons so arrested in city prison until a hearing can be had before the proper officer, said officer or policeman shall have power and authority to call to his assistance to arrest and detain such offenders the sheriff of the county or his deputies, or any constable of said county, or any bystander, and such person when summoned shall be bound to assist said officer, and should they fail to do so, or either of them, they, or either of them, shall be liable to indictment by the grand jury of Marion County and upon conviction shall be subject to a fine of not less than one hundred dollars nor more than five hundred dollars or not less than six months on the chain-gang of said county. Arrest and imprisonment. Assistance. Sec. 19. Be it further enacted, That the Mayor, the Recorder and each member of the Council shall be paid such salaries for their services as may be fixed each year by the Mayor and Council of the City of Buena Vista in December of each year prior to the annual election, to apply to the ensuing term of office. The salary of the Mayor shall not be less than two hundred dollars per annum nor more than five hundred dollars. The salary of the Recorder shall not be less than two hundred and fifty dollars nor more than five hundred dollars per annum. The salary of the Councilmen shall be such price as may be fixed by the Council at the same time salaries are fixed for the Mayor and Recorder, but in no event shall the same exceed fifty dollars per member for any one year. No salaries shall be increased or diminished during their terms of office. Salaries. Sec. 20. Be it further enacted, That the City of Buena Vista may, in the manner now prescribed by law, provide by ordinance for the issuing of bonds for enlarging or extending the public utilities of the city, including

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water works, sewerage, electric lights, public school system, streets and other public improvement. Sec. 21. Be it further enacted, That the Mayor and Council of Buena Vista may provide by ordinance for the taking of appearance bonds, to be made by persons charged with the violation of any of the laws or ordinances of the city. They may prescribe by ordinance for the taking of cash collateral bond or have bonds issued by personal solvent securities and they may provide for the summary forfeiture of all cash bonds and for the summary forfeiture of all other appearance bonds by order of the Recorder's Court, which order when entered may be enforced by executions therefor, issued by the Recorder. Apperaance bonds, etc. Sec. 22. Be it further enacted, That in the event there shall occur a vacancy in the office of Mayor, caused by the death, resignation or removal of the incumbent, the Council shall immediately call an election to fill such vacancy, which election shall be called to be held within ten days. In the filling of such vacancy they shall give due and timely notice by appropriate notice and advertising. But in the event of a vacancy occurring in the office of Councilmen the Mayor and Council of Buena Vista shall so soon thereafter as possible elect some qualified citizen to fill such vacancy and he shall hold office until the next regular municipal election. Vacancy in office. Sec. 23. Be it further enacted that the Mayor and Council of Buena Vista, Georgia, may provide by ordinance for such committees as they may deem fit for the administration of the municipal affairs of said city, prescribe the duties of such committees, and define their authority. Committees. Sec. 24. Be it further enacted that the Mayor and Council of Buena Vista shall also have authority to provide by ordinance for a Board of Health to be composed of such members as may be provided for in said ordinance,

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to provide their terms of office and define their powers, authority and compensation. Board of health. Sec. 25. Be it further enacted, That the City of Buena Vista shall have authority to prescribe by ordinance for the regulation of automobiles, hacks, drays, jitney service and all other public service companies or persons doing any kind of service in said city for which charges are made, they may grant franchises therefor or prescribe license therefor under rules and regulations as they may deem best for the best interest of the city. Regulation of vehicles. Sec. 26. Be it further enacted, That the City of Buena Vista shall have the authority to make contracts for supplies, including electric current for electric lights and powers for all the utilities of the town, which contracts may be for a term of years from the date thereof, provided, only that the compensation for such supplies to be paid by said city shall be paid by said city monthly or annually and the amount of such compensation for any one year shall not exceed the amount which may be lawfully levied therefor as precribed by law. Contracts for supplies and electricity. Sec. 27. Be it further enacted, That the City of Buena Vista shall provide by ordinance for the establishment and maintenance of a fire department for said city, and for this purpose they may acquire property and equipment therefor to be paid out of the revenues of said city or municipal bonds properly voted and validated therefor, as now provided for by law. They may either provide for a voluntary service or for a paid service if revenues of said city authorize such payment, and they may provide by ordinance such rules and regulations as they may deem necessary for the government and control of said fire department, which ordinance shall provide officers therefor and prescribe their duties, authority, terms of office, manner of election and compensation. Fire department. Sec. 28. Be it further enacted, That the terms of office of Recorder, city treasurer, superintendent of water works, city marshal and all other officers and employees

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of the City of Buena Vista shall terminate and end on the first Monday night in January, 1921. That all officers elected by the Mayor and Council of said city and all officers provided for by city ordinances shall hold their offices for one year from the first Monday night in January, 1921, and annually thereafter, and until their successors are elected and qualified, provided, only, that all said officers may be subject to removal from office at any time before the expiration of their term of office by a two-thirds vote of the members of the Mayor and Council, nor shall the said City of Buena Vista become liable to any officer removed from office in the manner provided for any sum whatever on account of salary or other compensation. Said City of Buena Vista shall not be liable for the torts of its marshal or policeman or other officer engaged in the discharge of the duties imposed on them by law. Terms of office. Removal. Non-liability. Sec. 29. Be it further enacted, That the Mayor and Council of Buena Vista may prescribe by ordinance such rules and regulations as they see fit for the regulation of all buildings erected within the corporate limits of said city, or for the repair of such buildings they may prescribe the material to be used and the manner of erecting and repairing same. Buildings. Sec. 30. Be it further enacted, That the Mayor and Council of Buena Vista may prescribe by ordinance for the regulation of all public entertainments, shows, circuses, parades, may prescribe when such entertainments, etc., may be held, as well as the manner in which the same shall be conducted and the places where or in which the same shall be conducted or held. Regulation of shows, etc. Sec. 31. Be it further enacted, That the Mayor and Council of Buena Vista may provide by ordinance to combine two or more of the city offices so that one person may hold and discharge the duties of more than one office, provided, however, that no member of Council shall be eligible to hold any municipal office during the term for which he was elected. Combination of offices.

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Sec. 32. Be it further enacted, That the Mayor and Council shall have exclusive control and management of the streets and sidewalks and bridges of the city, they may enact such ordinances as they deem best for the regulation of telephone, telegraph, railroads or other companies desiring the use and occupation on or over said streets, sidewalks and bridges, and provide suitable punishment for the violation of same. Streets, bridges, etc. Sec. 33. Be it further enacted, That the Mayor and Council are authorized to elect three freeholders residing in said city assessors who shall value and assess all the property within said city liable for taxation. All persons dissatisfied with the value placed on their property shall appear before said assessors and produce testimony as to the value of property, and the decisions of said assessors after hearing the evidence shall be final. Said assessors shall make their report at uch time and in such manner as the Mayor and Council shall prescribe by ordinance, unless contrary to the laws of this State. Said assessors shall be appointed and receive such compensation as may be prescribed by ordinance. Tax assessors. Sec. 34. Be it further enacted, That the Mayor and Council of Buena Vista may have authority to borrow money to meet casual deficiencies in the revenues of sad ctiy, provided only that said loans shall not extend over a period longer than twelve months and shall be paid out of the revenues of the current year for which provision shall be made by tax levy. Borrowing of money. Sec. 35. Be it further enacted, That the City of Buena Vista as incorporated by this Act shall succeed to all the rights, properties and obligations of the City of Buena Vista as heretofore incorporated, shall pay all of its bonds and legal obligations according to the term thereof, and the laws and ordinances of said city now of force shall remain of full force and effect and binding until repealed in the manner prescribed by law. Succession to corporate rights, etc.

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Sec. 36. Be it further enacted, That all laws and parts of laws in conflict with any of the provisions of this Act be and the same are hereby repealed. Approved July 31, 1920. BUFORD CHARTER AMENDED. No. 523. An Act to amend an Act entitled An Act to repeal all laws and amendments to laws heretofore passed, incorporating the Town of Buford, in the County of Gwinnett, and to establish a new charter for the same, approved December 23, 1896, as amended by an Act approved August 8, 1903, and as amended by an Act approved August 11, 1913, by amending Section 18 of said original Act so as to authorize the Mayor and Council of said city to pave, macadamize or otherwise improve the streets, parks and sidewalks of said city or any part thereof, and to assess adjoining property on each side to pay one-third each of the cost of paving, macadamizing or improving any of the streets or parks of said city, the city to pay the remaining one-third thereof; and to assess adjoining property to pay two-thirds of the cost of paving, macadamizing, or improving any of the sidewalks of said city or any part thereof, and to assess adjoin-thereof, and to provide for the levy and collection of assessments against adjoining porperty for such improvements to streets, parks or sidewalks, and for other purposes; also by amending Section 1 of the amendment to said Act approved August 11, 1913, by authorizing the Mayor and Council of the City of Buford to levy a tax for general purposes not exceeding one and three-quarters per cent. of the value of the property as assessed and returned for taxation therein, and for other purposes and to provide that

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the Mayor and Council shall have authority to appropriate one-fourth of one per cent. out of the general taxes collected for the support and maintenance of the public schools of said city, in addition to the amount raised by direct taxation for said purposes as provided by Section 12 of the Act approved Aug. 17, 1911, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act Section 18 of said original Act of the General Assembly of Georgia, approved December 23, 1896, be and the same is hereby amended by adding to said section the following, to-wit: The Mayor and Council of said city shall have full power and authority in their discretion to grade, pave, macadamize and otherwise improve the travel or drainage of the sidewalks, streets, alleys and public parks of said city, and to carry into effect the authority herein granted, the Mayor and Council shall have full power and authority to assess two-thirds of the costs of paving, macadamizing or otherwise improving the streets of said city, against the real estate abutting on said streets, that is, one-third on each side, the city to pay the remaining one-third of the costs thereof, and to assess two-thirds of the costs of paving, macadamizing, or otherwise improving the sidewalks of said city against the real estate abutting on such sidewalks, the city to pay the remaining one-third of the costs thereof; and any street railroad company or other railroad company having tracks running through or across the streets of said city shall be required to pave, macadamize or otherwise improve such street in such proportion as the Mayor and Council may provide by ordinance. Said Mayor and Council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purposes above stated as may be just and proper, estimating the total cost of each improvement made, and prorating

Page 808

the costs thereof on real estate according to the frontage on the streets or portions of street so improved, or according to the area of value of said estate, either or all as may be determined by ordinance. 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 assessments so made for work either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings as in the case of other sales the same shall be sold at public outcry to the highest bidder. Said sale shall vest absolute title in the purchaser. The marshal shall execute a deed to the purchaser and shall have authority to eject the occupants and put the purchaser in possession; provided, the owner of said real estate shall have the right to file his affidavit, denying the whole or any part of the amount for which execution is issued, and stating the amount that he admits is due, which amount admitted to be due with all costs, shall be paid before the affidavit is received, and the affidavit shall be returned to the Superior Court of Gwinnett County and there tried and the issue determined as in the case of illegality, subject to the penalty provided for illegality filed for the purpose of delay. The Mayor and Council shall have authority to pave and contract to pave the whole surface of the streets or sidewalks without giving any railroad company or other property owner or other occupant of the street the option of paving such streets or sidewalks themselves. The lien for assessment on abutting property and on street railroad, or other railroad company, for street or sidewalk paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity

Page 809

to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Said Mayor and Council shall have the power and authority to prescribe by ordinance such rules as they may, in their discretion, think necessary to grade, pave, drain or macadamize or curb the streets, sidewalks and alleys of said city, to enforce by execution the cost thereof against the adjacent property owner and railroad company and provide how the agent or owners thereof shall be served with notice by personal service on by publication. So that said section when amended shall read as follows. Sec. 18. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to lay off, vacate, open, alter, cut, pave and keep in good repair, roads, alleys, streets, sidewalks, cross-walks, squares, drains and gutters, for the use of the public or any of the citizens thereof, and to improve and light the same; regulate the width of sidewalks or the streets, and to order the sidewalks, crossings, footings, drains and gutters to be curbed and paved and kept in good order and repair, firm and clean, by the owner or occupants of the real property next adjacent thereto; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep and other animals and fowls of all kinds from running at large in said city; to protect places of divine worship wherever held in said city; to abate or cause to be abated anything which, in the opinion of a majority of the whole Council, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near the city places for the burial of the dead and to regulate interments therein; to proide for the regular building of houses or other structures; to provide regulations guarding against danger or damage by fire, and to equip a fire department; to protect the person and property of the citizens of said city, and for this purpose to appoint a

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police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by them, to fix their term of service and compensation where not provided for in this Act; to adopt rules for the regulation and government of its own body, not in conflict with the laws of the State; to provide a revenue for said city, and for the collection of the same, and to provide for the annual assessment of taxable property therein, and the mode and manner of valuing such property for taxation; provided, however, that no tax assessor shall be appointed who is not a freeholder and who is not an elector under this Act. The Mayor and Council of said city shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve the travel or drainage of the sidewalks, streets, alleys and public parks of said city, and to carry into effect the authority herein granted, the Mayor and Council shall have full power and authority to assess two-thirds of the costs of paving, macadamizing, or otherwise improving the streets of said city against the real estate abutting on said streets, that is one-third on each side, the city to pay the remaining one-third of the costs thereof and to assess two-thirds of the costs of paving, macadamizing, or otherwise improving the sidewalks of said city against the real estate abutting on such sidewalks, the city to pay the remaining one-third of the costs thereof; and any street railroad company or other railroad company having tracks running through or across the streets of said city shall be required to pave, macadamize or otherwise improve such street in such proportion as the Mayor and Council may provide by ordinance. Said Mayor and Council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purposes above stated as may be just and proper, estimating the total cost of each improvement made, and prorating the costs thereof on real estate according to the frontage on the streets or portions of street so improved, or according to the area or value of said estate,

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either or all as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate from the date of passage of the ordinances providing for the work and making the assessment. Said Mayor and Council shall have full power and authority to enforce the collection of any assessment so made for work either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed for the amount assessed against the owner at the date of the passage of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings as in the case of other sales the same shall be sold at public outcry to the highest bidder. Said sale shall vest absolute title in the purchaser. The marshal shall execute a deed to the purchaser and shall have authority to eject the occupants and put the purchaser in possession; provided, the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount he admits is due, which amount admitted to be due with all costs, shall be paid before the affidavit is received and the affidavit shall be returned to the Superior Court of Gwinnett County and there tried and the issue determined as in the case of illegality, subject to the penalty provided for illegality filed for the purpose of delay. The Mayor and Council shall have authority to pave and contract to pave the whole surface of the streets or sidewalks without giving any railroad company or other property owner or other occupant of the street the option of paving such streets or sidewalks themselves. The lien for assessment on abutting property and on street railroads, or other railroad company for street or sidewalk paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Said Mayor and Council shall have the power and authority to

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prescribe by ordinance such rules as they may in their discretion think necessary to grade, pave, drain or macadamize or curb the streets, sidewalks and alleys of said city, to enforce by execution the cost thereof against the adjacent property owner and railroad company, and to provide how the agent or owners thereof shall be served with notice by personal service or by publication. To be read. Street improvement assessments. Equalization, etc. Lien. Executions. Levy and sale. Title and possession. Affidavit of illegality. Railroads. Rank of lien. Rules. Service of notice. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act Section 1 of the amendment to said Act approved Dec. 23, 1896, said amendments approved Aug. 11, 1913, be amended by striking the words one-half in the twentieth line of said Section 1 of said amendment approved Aug. 11, 1913, and inserting in lieu thereof the words three-fourths, and by adding to said section the following words, to-wit: A one-fourth of one per cent. received from the taxable property per annum may 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 school fund for said city equal to one per cent. This amendment shall not be construed to affect the provisions of Section 12 of the Act approved Aug. 17, 1911, establishing a system of public schools for the City of Buford by which a tax may be levied for said purpose of not exceeding three-fourths of one per cent., but shall be construed to authorize the Mayor and Council in their discretion to appropriate from the general tax fund an additional one-fourth of one per cent. for school purposes to be added to said school fund as provided by said Act approved Aug. 17, 1911, so that said section when so amended shall read as follows: Act of 1913 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 from and after the passage of this Act said original Act of the General Assembly of Georgia, approved December 23rd, 1896, as already amended by the Act approved August 8th, 1903, be and

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the same is hereby amended by adding in the tenth line of the 23rd section of the same as amended in said Act of 1903, immediately after the word one and before the words per cent., the additional words of and one-half, so that said Section 23 shall read as follows: Section 23. Be it further enacted, That the Council shall cause to be annually made up and entered upon its journal an accurate estimate of all sums which are, or may be, chargeable upon said city and which ought to be paid within one year, and shall order a levy of such tax as may, in the opinion of the Council, be necessary to pay the same. The tax may be levied upon all property, real and personal, within said city, upon banking insurance capital employed therein; provided, that no tax upon property exceeds one and three-fourths per cent. of the value thereof. The Council shall have authority to levy and collect a specific tax upon factories, bankers, agents or managers of gift enterprises, shows of all sorts and upon all persons exercising within the city any profession, trade or calling, or any business of any nature; provided, said tax is not in conflict with any law of this State. A one-fourth of one per cent. received from the taxable property per annum may 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 school fund for said city equal to one per cent. This amendment shall not be construed to affect the provisions of Section 12 of the Act approved Aug. 17, 1919, establishing a system of public schools for the City of Buford by which a tax may be levied for said purpose of not exceeding three-fourths of one per cent., but shall be construed to authorize the Mayor and Council in their discretion to appropriate from the general tax fund an additional one-fourth of one per cent. for school purposes to be added to said school fund as provided by said Act approved Aug. 17, 1911. To be read. Tax rate. School fund from taxation.

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Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1920. CAMAK CHARTER AMENDED. No. 607. An Act to amend the charter of the Town of Camak, in the County of Warren, State of Georgia, as enacted by an Act approved August 13, 1910, so as to change the qualification of tax assessors for said town, and to change the amount of commutation street tax to be collected by said town, and to change the amount of incidental fees to be charged for entrance to the schools in said town. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the charter of the Town of Camak, in the County of Warren, as enacted by an Act approved August 13, 1910, shall be and the same is hereby amended so that after the passage of this Act the method of electing tax assessors in and for said town shall be as follows: That the Mayor and Councilmen of said town shall as soon as practicable after the passage of this Act, and annually thereafter, elect three intelligent, discreet and upright persons who shall be citizens and qualified voters of said town and owners of real estate therein, to the office of tax assessors of said town. That the qualification of said tax assessors shall be that they shall be intelligent, discreet and upright perons and shall reside within the corporate limits of said town and owners of real estate therein, and shall be qualified voters of said town. The term of office of said tax assessors shall expire on the 1st day of January after their election. Said tax assessors

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may at any time be removed from their office by said Mayor and Councilmen for sufficient cause to be judged of by the Mayor and Councilmen, and all vacancies shall be filled by the Mayor and Councilmen at any time. It shall be the duty of the tax assessors to assess the value of real estate in said town for purpose of taxation by said town, and it shall be their duty to examine tax returns placed before them by the clerk of said town, and in their discretion they shall have the right to increase the valuation of all personal property returned for taxation, when in their judgment the value placed thereon by the tax payer is too small. In the event the Mayor and Council shall be unable to get three men with the qualifications provided for herein to serve as tax assessors, then and in that event the taxes shall be assessed by three members of the Town Council, said three members to be designated by the Mayor. Provided that before the said Mayor shall appoint three members of the Town Council to act as tax assessors, he shall advertise his intentions to do so for 10 days and one said advertisement shall be an affidavit that the said Mayor has personally spoken to 10 freeholders in said town, qualified voters therein and that they have refused to act as tax assessors for said Town of Camak. Said notice and affidavit shall be posted in three public places in said Town of Camak, one of which must be on post office building door. If within the ten days time for advertisement by said Mayor three freeholders, qualified voters of said town, shall volunteer to act as tax assessors for said town, these said volunteers must be accepted by said Mayor and Councilmen in the stead of appointments of tax assessors from members of Town Council. In making assessments no tax assessor shall serve as an assessor to place the valuation of his own property. In making assessments of the property of any tax assessor said assessment shall be made by the other two assessors. All of the provisions of Section 21 of the Act approved Aug. 13, 1910, incorporating the

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Town of Camak not in conflict with this Act shall remain full force and effect. Act of 1910 amended. Tax assessors. Qualification. Term of office. Removal. Duty. Councilmen as assessors. Volunteers to be accepted. Assessments. Sec. 2. Be it further enacted, That the charter of said Town of Camak approved August 13, 1910, shall be amended as follows: The Mayor and Councilmen of the Town of Camak may require and compel all male persons between the ages of fifteen and fifty years subject to road duty under the laws of Georgia to work upon the streets of said town not to exceed ten days in each year, at such time or times as the Mayor and Councilmen may require, or to pay a commutation tax in lieu thereof not to exceed $8.00. Be it further provided that all of the provisions of Section 62 of the charter of the Town of Camak shall remain in full force provided they do not conflict with the terms of this Act. Street work. Commutation tax. Sec. 3. Be it further enacted, That the Mayor and Councilmen, in their discretion, may charge each pupil attending any of the schools in said town an incidental fee not to exceed $10.00. School incidental fee. Sec. 4. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of said Town of Camak, the Mayor and Councilmen of said town shall have full power and authority for the assessment, levy, and collection of an ad valorem tax on all real and personal property in said town of not exceeding $1.50 on the hundred dollars, exclusive of the tax for public schools as now authorized by law, as for the purposes as provided in section 39 of the charter of the Town of Camak as contained in the Act approved August 13, 1910. The provisions of this Act shall not have the effect of repealing any of the provisions of Section 39 of the charter of the Town of Camak, except the provisions with reference to the amount of the tax authorized to be collected. Tax ad valorem. Rate. Former laws not repealed. 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 10, 1920.

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CARTERSVILLE OFFICERS' COMPENSATION. No. 497. An Act to amend the charter of the City of Cartersville, Georgia, so as to provide for the collection of the city taxes semi-annually; to provide for the fixing and payment of the compensation of the receiver, city clerk, and ex-officio treasurer, City Manager, chief of police, and the public officers, 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 charter of the City of Cartersville, Georgia, be and the same is hereby amended so that on and after the passage of this Act the Board of Aldermen of said city be and they are hereby authorized and empowered to collect the taxes of said city semi-annually at such times and under such conditions as the said Board of Aldermen may be ordinance provide, the collection of said taxes to be enforced as the charter of said city provides. Taxes collectible semi-annually. Sec. 2. Be it further enacted by the authority aforesaid, That on and after the passage of this Act the Board of Aldermen of said city be and they are hereby authorized and empowered to fix by ordinance the compensation of the Recorder, city clerk, ex-officio treasurer, City Manager, Chief of Police and other public officers, in such amounts as said Board may determine reasonable and just, and the power to increase, or diminish, such compensation as conditions may require, and to provide for the payment thereof, with the power and authority to adopt and enforce such ordinances as such Board of Aldermen may deem necessary in the exercise of the powers in this Act granted. Provided, That when said compensation is fixed it shall not be changed during the current year. Salaries of officers. Sec. 3. Be it further enacted that all laws and parts of laws and charter provisions in conflict with this Act be and the same are hereby repealed. Approved August 5, 1920.

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CARTERSVILLE SCHOOL TAX. No. 499. An Act to amend the charter of the City of Cartersville, providing for a system of public schools for said city, approved December 24th, 1888, so as to empower the Board of Aldermen of said city to increase the rate of taxation for the support of said schools to an amount not exceeding one per centum annually, 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 of the General Assembly of Georgia, entitled an Act to amend the charter of the City of Cartersville, providing for a system of public schools for said city, approved December 24th, 1888, be and the same is hereby amended so as to authorize and empower the Board of Aldermen of said City of Cartersville to levy and collect annually, beginning with the year 1920, a school tax not to exceed one per centum on all the taxable property in said city for the support of the public schools thereof. Said school tax to be assessed, levied and collected as provided by the charter of said city for the collection of other taxes. Act of 1888 amended. School-tax rate increased. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws and charter provisions in conflict with this Act be and the same are hereby repealed. Approved August 5, 1920. CAVE SPRING, NEW CHARTER FOR. No. 636. An Act to create a new charter and municipal government for the City of Cave Spring; to define the rights and powers of the municipality, provide its

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officers and prescribe and define their duties and their compensation; to define the corporate limits thereof, and to repeal all former charters and all laws in conflict therewith; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the inhabitants of the territory hereinafter described, all of which is located in Floyd County, State of Georgia, be and are incorporated under the name and style of the City of Cave Spring, a body politic and corporate, and by that name shall have perpetual succession, and is hereby invested with all rights, powers and privileges incident to municipal corporations in the State of Georgia, and all rights, powers, titles, property easements and hereditaments within and without its corporate limits, now belonging to the Village of Cave Spring; shall be and are hereby vested in the said City of Cave Spring, as created by this Act, and the said City of Cave Spring, as created by this Act shall have the power, through its corporate name, to sue and be sued, to contract and be contracted with, plead and be impleaded, to have and use a common seal; and through its Mayor and members of Council to govern themselves by such ordinances, resolutions, rules, regulations and by-laws for municipal purposes as may be adopted and promulgated under the terms of this charter not in conflict with the laws or Constitution of this State, and shall do all other things necessary to promote the municipal corporate purposes of this city. And the said City of Cave Spring shall have the right, power and authority to purchase, hold, rent, lease, sell, exchange, manage and dispose of, for the use and benefit of the City of Cave Spring, any interest in any real or personal property or whatsoever kind or description, within or without the corporate limits of said city; and said city shall have the right, power and authority to rent, lease or operate any and all public buildings or other property of any kind whatsoever, for any purpose that it may see

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fit and proper. And that said city shall have the right, power and authority to receive gifts, donations, bequests and public trusts and to agree to conditions and terms accompanying the same, and the Mayor and Council of said city is hereby empowered to bind said city to carry out the same. And said City of Cave Spring, as created by this Act, shall succeed to all rights, assets and remedies of said is hereby made responsible for all of the debts, liabilities and undertakings of the Village of Cave Spring, and all existing valid ordinances, rules, by-laws, resolutions and acts of the Village of Cave Spring not repealed by this charter shall remain unaffected hereby and are hereby continued in force and effect and confirmed hereby. Corporate name. General powers. Succession to corporate rights and responsibilities Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the City of Cave Spring are hereby declared to be as follows: Extending threefourths of a mile in every direction from the northeast corner of the brick store in the present Village of Cave Spring owned by Mrs. Anna Culbertson and occupied by John F. Hight as a drug store, and being the brick store formerly occupied by James M. Walker, John M. Carroll, A. J. Pinson and J. T. Dozier; said brick store being at the corner of Alabama and Cedartown Streets, and being in Floyd County, Georgia. The corporate limits herein defined being the same as the present Village of Cave Spring. Provided, that for the purpose of the exercise by the authorities of said city, as created by the terms of this Act, of police power and authority over offenses, matters or things affecting in any manner or degree, the 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, and hereby extended for a distance of onehalf mile in every direction, and within such 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

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ordinances of said city enacted relative to or covering said offenses, matters or things, or said offending purposes 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, marshal or arresting officer or 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 said offenses, matters or things, or offending persons, and all summonses, warrants and writs issued by authority of said city shall be operative and have full force and effect in said territory. Territorial limits. Extended for police and health purposes. Sec. 3. Be it enacted by the authority aforesaid, That the municipal government of said city shall consist of a Mayor and five 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. Mayor and council. 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, rights and authority herein conferred upon said corporation and not otherwise specifically delegated. Government. (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 Tuesday in January. Their terms of office shall begin on the second Wednesday in February following said election, and shall continue for two years and until their successors are elected and qualified. Election and terms of office. (2) The first election held hereunder shall be on the first Tuesday in January, 1921; and biennially thereafter,

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and that it is expressly provided that the present Mayor and Councilmen of the Village of Cave Spring shall continue in office as such of the City of Cave Spring, as created by this Act, and shall have all of the rights, powers, and authorities as given to said Mayor and Council under the terms hereof. That the present Mayor is Albert N. Tumlin, and the present Council is A. C. Fincher, John F. Hight, T. W. Asbury, C. W. Ellis and R. B. Tally, and that they shall constitute and act as the Mayor and Council of said city until the election and qualification of a Mayor and Council under the terms and provisions hereof. Present officers hold. (3) The Mayor and Council shall, on the second Wednesday in each year, elect one of the members of Council as Mayor pro tem, who shall elect one of the members of Council as Malor pro tem, who shall in the case of the absence or disability of the Mayor from any cause, or in the event of a vacancy in said office, be clothed with all the powers, rights and authority and shall fulfull all of the duties of the same. 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 and remainder of said term, and shall exercise all the rights and powers and authority of the Mayor during said period; provided, at the time of such vacancy it is not exceeding six months before the expiration of said Mayor's term of office. If, however, the unexpired term is six months or longer from the date of such vacancy, the Council shall within fifteen days order a new election, and such election shall be held under and managed in the same manner as hereinafter provided for city elections, at which special election a successor for the unexpired term caused by such vacancy shall be elected. Vacancy in office, how filled.

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(5) A vacancy occurring among the members of Council from any reason shall be filled for the unexpired term at an election by the Mayor and remaining members of the Council. (6) The Mayor shall be the presiding officer of Council and shall be entitled to vote in case of a tie on any question before said body. 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 recommendations to the Council from time to time as may to him seem proper for the public good. Mayor's duties and powers. (7) The Mayor shall have the right to veto any resolution, by-law or ordinance passed by the members of Council within five days after the passage of the same, which shall be in writing and set forth the reason thereof, but notwithstanding said veto, such resolution, by-law or ordinances may be passed by the affirmative vote of four members of Council and said veto overridden. Veto. (8) The members of Council, together with the Mayor, shall constitute the legislative department of the government. Before entering upon the discharge of their duties, each shall 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 Cave Spring during my continuance of office; that I will to the utmost of my skill and ability promote the best interest and prosperity of said city; that I will do that which I think best for its interests; and will uphold its ordinances and charter, so help me God. Legislation. Oath of office. (9) Said Mayor and Council shall have power to punish by execution and attempts for contempts, in a penalty not to exceed fifty ($50.00) dollars, or confinement

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in the city jail or work gang for a period of thirty days, either or both, in discretion of Mayor, or to coerce the payment of fines for contempt by imprisonment or confinement; and that said Mayor and Council shall have the right, power and authority to pass all ordinances deemed proper in the premises, and shall have the right and authority to establish such parliamentary rules for the orderly conduct of business as they may think proper in the premises. Contempts. (10) 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, or of wilful neglect or abuse of the powers and duties of his office, shall, by a two-thirds vote of the whole body, the Mayor voting, be dismissed from office. The party on trial not to be entitled to vote. Not less than ten days written notice be given the defendant of said trial, and that he be given the right of representation by attorney, and that he be given a fair and impartial trial. Impeachment. (11) That the salary of the Mayor shall be prescribed by ordinance and shall not be increased or diminished during his term of office. Salary of mayor. (12) That the compensation of the members of Council shall be prescribed by ordinance and shall not be increased or diminished during their term of office. Pay of councilmen. (13) That the Mayor and Council of the Village of Cave Spring and which under the terms hereof are made the Mayor and Council of the City of Cave Spring, as created by this Act, shall receive the same salary and compensation as now allowed them by said Village of Cave Spring, for the remainder of their term, but it shall become their duty prior to the election for Mayor and members of Council as provided for under the terms hereof to fix the salary and compensation of said Mayor and Council by ordinance in accordance with the provisions of this charter and bienially thereafter. Salaries to be fixed.

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Sec. 5. Be it further enacted by the authority aforesaid, That all legal process directed to or against the city shall be served upon the Mayor of said city, or in his absence, disability or any of the contingencies set forth in Section 4, subhead 4, in which the Mayor pro tem. shall act, then said service may be prefected by serving said Mayor pro tem. of said city. Service of process. Sec. 6. Be it further enacted by the authority aforesaid, That only such persons qualified to vote for members of the General Assembly of the State of Georgia at last preceding general election, or have since said time become qualified, shall be entitled to vote in any election held in said city, provided, they have registered their names, occupations, ages, and residence in the office of the clerk of Council as required by this Act, and shall have paid all taxes, fines, forfeitures or other indebtedness due said city, and that he shall be a bona fide citizen, with a continued residence within the corporate limits for ninety days immediately preceding said election. Voters qualified. Sec. 7. Be it further enacted by the authority aforesaid, That the clerk of Council shall open a list for registration of voters thirty days prior to any general election held in said city, which list shall be closed ten (10) days prior to said election. It shall be the duty of said clerk, upon application of any person qualified to vote as herein provided, within the time prescribed for list to be kept open to register the name, age, occupation, and place of residence of the applicant, but no person shall be entitled to register who has not been a bona fide citizen of said city for ninety (90) days immediately preceding the election with a continued residence within the corporate limits of said city, and who is not qualified to vote for members of the General Assembly of the State of Georgia, and who has not paid all taxes, including street tax, fines, forfeitures or other indebtedness required of him by the laws and ordinances of said city. That the clerk of Council shall be the judge of the qualification of those offering to register, with the right of

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appeal to the Mayor and Council, which shall be in writing and filed with said clerk within four days from the time of the decision of said clerk, and said appeal shall be transmitted by said clerk to the Mayor and Council, who shall pass upon the same prior to said election for which the applicant sought to register. The clerk is hereby empowered to administer an oath to the applicant touching his right to be registered, which oath shall be of the same binding force and effect as oaths administered for registration by tax collectors in this State. Registration of voters. (1) That the clerk of Council shall furnish the managers of elections before the opening of the polls, a complete list of the names, age, occupation and residence and color of all persons registered, which list shall be returned to said clerk when said elections are over. List of voters. Sec. 8. 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, who shall also be either a Justice of the Peace, ex-officio Justice of the Peace, or a freeholder, 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 and either a Justice of the Peace or a freeholder; that we will make a just and true return thereof, and not knowingly permit anyone to vote unless we believe he is entitled to do so according to the laws of the city, nor knowingly prohibit anyone 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 me God. That the managers shall

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appoint such clerks as they may deem necessary for the holding of said election. Managers. Oath. Clerks. (2) That all elections shall be held at the place designated by the Mayor and Council. Plade. (3) That polls shall be kept from eight A. M. to three P. M., standard time. Polls. (4) That the manner of voting, keeping of the list of voters, tally sheets, and marking of ballots shall be the same as in holding general elections in the State of Georgia, and all requirements of law in reference to said elections shall apply to said city elections and the voters shall be counted in the same manner and the result certified by the managers to the Mayor and Council as in said general elections, and that the oath of the managers, together with one tally sheet and list of voters shall be 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, when said Mayor and Council shall receive said returns from said clerk of Council and declare the result of said election in accordance with the certificate of the managers. Those receiving the highest number of votes shall be declared elected, or the question voted upon being declared carried or not carried, as the case may be, which certificate, together with the resolution of the Council declaring the result of the election, shall be entered on the minutes of the Council. State laws applied. Returns and result. (5) That the ballots, together with a list of the voters and a tally sheet shall be sealed up in the ballot box, and the names of the managers written across the seal, and the same delivered to the clerk of Council, and by him safely kept until called for by the lawful authority, and if not so called for within thirty days after said election, that the same shall be destroyed by said clerk in the presence of three freeholders and without breaking the seal. Ballots and tally-sheets.

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Sec. 9. Be it further enacted by the authority aforesaid, That no person shall be eligible or qualified for election to the office of Mayor or a member of Council, unless he is qualified to vote in said election under the provisions of this charter, is more than twenty-one (21) years of age, and has been an actual bona fide resident of said City of Cave Spring for more than one year preceding said election. Eligibility to office. Sec. 10. Be it further enacted by the authority aforesaid, That if any party or political organization shall hold a primary election for the nomination of candidates, or the expression of party policy, for any general or special election provided for herein, that such primary shall be held in accordance with the laws of this State and of this charter for general elections, and that only such persons as are qualified to vote in general elections under the terms and provisions of this charter shall be allowed to vote in said primary election. Primary elections. Sec. 11. Be it further enacted by the authority aforesaid, That any person voting illegally at any election or primary election herein provided for shall be guilty of a misdemeanor, and shall be punished as prescribed in Section 1066 of the Penal Code of Georgia. Any person who shall falsely take the oath provided for in Section 7 shall be guilty of false swearing and shall be punished as prescribed in Section 262 of the Penal Code of Georgia of 1910. Illegal voting, etc. Sec. 12. 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 years and until their successors are elected and qualified, except as hereinafter set forth, to-wit: A clerk of Council, a marshal, and all other such officers as may be necessary for the proper conduct of the affairs of the said city and the carrying on of its business. The election hereunder for said officers shall be held on the second Wednesday in February

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after the new Mayor and members of Council have qualified, and that they and each of them may be removed from office, with or without cause, at the will of the Mayor and Council, a majority of those present and at least three votes being necessary to remove any such officer; each of such officers shall receive such compensation as the Mayor and Council may by ordinance prescribe, and they shall in addition to the duties herein prescribed, perform such other duties as may be provided by ordinance. Municipal officers. Election, terms, removal, duties and salaries. (1) A vacancy occurring in any of the offices hereinbefore in this section enumerated and election to fill the unexpired term shall be held by the Mayor and Council at their next meeting, and in the interim be appointed by the Mayor. Vacancy. (2) All officers and employees of said city shall be required to take such oath to properly perform their duties, and 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. (3) That the clerk of Council shall keep a true and correct minute of all of the acts and doings of said Mayor and Council. Minutes. Sec. 13. Be it further enacted by the authority aforesaid, That there shall be and there is established in and for the City of Cave Spring to be conducted in such manner and at such time, except Sunday, and at any place in the city as the Mayor and Council prescribe, a Police Court, in which Court the Mayor shall be the presiding officer. In the case of 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 Council designated by the Mayor pro tem. shall preside. The procedure

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in said court, with reference to the conduct and trial of cases therein shall be governed by the rules of the Superior Court in so far as they may be applicable to such Court, and a sound construction of this charter and the laws of said city passed in accordance with the same, and the Mayor and Council shall have power to provide by ordinance for the compulsory attendance of all persons violating any municipal ordinance before said Police Court, by summons or otherwise as may be prescribed by ordinance, to answer the offense charged, and when employed, shall contain simple statement of the offense charged, technical pleading not being necessary. Defendant brought before said Court on one charge may be found guilty and convicted of another charge, if it appears from the evidence adduced at the trial he is so guilty of another offense than the one charged. Disobedience of said summons shall constitute a contempt of court and punished as such. Police Court. Procedure. Powers. (1) That said Court shall have full right and authority to compel the attendance of parties and witnesses at said court, and for this purpose shall have full power to require bail to secure such attendance, and to issue appropriate orders for the forfeiture of recognizances given in accordance with the provisions of this charter or of general law. That the disobedience of a summons or subpoena shall constitute a contempt of court and be punished as such. Compulsory attendance. (2) The Mayor or other presiding officer of said Court shall have the same powers as Judges of Superior Court of this State to punish for contempt of said Police Court by a fine not to exceed twenty-five ($25.00) dollars or imprisonment in the city guardhouse, work gang or other place provided, or in the common jail of Floyd County not to exceed ten (10) days, and either or both of said punishments may be imposed in the discretion of the Court, or any part thereof, or the fine imposed with the alternative of such imprisonment, or coerced by such imprisonment. Said Mayor or presiding officer of said

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court shall have the right and power of a justice of the peace of this State to commit to the jail of Floyd County, offenders against the laws of the State of Georgia, and to admit them to bail, in bailable cases, for their appearance at the next term of a court of competent jurisdiction held in and for said county, if evidence in the trial of an offense discloses the violation of any State law. Punishment for contempt. (3) 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 ($200.00) dollars 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, or the common jail of Floyd County, not to exceed sixty days, and either one or more of said punishments may be imposed, or the several punishments may be cumulative, or the fines 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 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 punishments herein enumerated. Jurisdiction. Power to punish. (4) 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, right and authority 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 that no fines that have

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been imposed and collected shall be refunded in whole or in part. Reduction or vacation of penalties (5) That there shall be kept in such court a docket, upon which shall appear the name of each person arrested, and each person brought before said court by summons, warrant or otherwise, together with the names of the witnesses against them, and a statement of the offense charged. Upon the trial of such persons the sentence imposed or the disposition of the case shall be entered in writing opposite the name and charge, by the mayor or other presiding officer, which respective entries signed by the mayor or other presiding officer shall constitute the judgment of the police court in each respective case. In any case where any person has deposited a sum of money as a bond for the appearance in said police court of a person charged with an offense which said court has jurisdiction to try, such sum of money shall be forfeited by the owner thereof, and be paid over by said police court to the city treasurer as the property of the City of Cave Spring, in the event the party does not appear at the time and place appointed, for whose appearance such sum of money was deposited as a bond. Docket. Sentence. Forfeiture on nonappearance. (7) That the mayor and council shall have the right and authority to provide by ordinance for the manner of forfeiting and collecting bail bonds in said court, and if no such ordinance is passed that said bonds shall be forfeited in the same manner as bail bonds are now forfeited in the Superior Court of this State, and the clerk of council shall have the right and authority to issue execution against the principal and surety, in conformity with such judgment, and in the form and manner prescribed for execution issued by the city for taxes and which execution shall be placed in the hands of the city marshal who shall proceed to collect the same as tax executions are collected by the city. Bail-bonds. (8) Upon failure or refusal of any person to pay fine or costs imposed by said police court, the same may,

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in addition to the other methods prescribed, be enforced and collected by an `execution issued by the clerk of council, which shall be in the form and manner prescribed for executions issued by the city for taxes, and shall be placed in the hands of the marshal who shall proceed to collect the same as tax executions are collected by the city. Executions. (9) Upon complaint being filed with the clerk of Council or the Mayor by affidavit or such other manner as the Mayor and Council may by ordinance require, that any person has violated any municipal ordinance or law, said clerk of Council shall have summons or other process as may be by ordinance prescribed by said Mayor and Council, issued for the arrest of said offender and requiring him to appear in said police court as in other cases provided. Summons and arrest. (10) Persons sentenced to labor by said police court shall be turned over to the marshal or such other officer or person as may be designated by the mayor and council to have charge of the work on the streets or public works, to be put to work on said streets or public works in or around said city. Punishment by work on streets. (11) That any person convicted in said police court shall have full powers, right and authority to appeal to the mayor and council from the judgment rendered in the police court; provided the defendant taking such appeal shall first pay all costs and shall give bond in double the amount of fine imposed, or in the event no fine has been imposed, give an appearance bond in such an amount as the mayor or presiding officer of said court may assess, said bond to be approved by the mayor or presiding officer of said court before whom said case was tried, and provided further, that all appeals shall be in writing and filed with the clerk of council within four days from judgment complained of. Appeals. (12) The right of certiorari from the decision and judgment of the police court and from the decision and

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judgment of the mayor and council on appeal, shall exist in all cases and shall be exercised under the provisions of the laws of Georgia in such cases made and provided. Certiorari. Sec. 14. Be it further enacted by the authority aforesaid, That the regular police force of the City of Cave Spring shall consist of a marshal, or chief of police, and such deputy marshals or other police officers, and members and arresting officers as the mayor and council may prescribe. Before qualifying they shall take oath to faithfully and impartially discharge the duties imposed upon them by law and ordinances and shall give such bond in such sums, and upon such terms and conditions as may be required of them by mayor and council. It shall be the duty of said marshal and other officers as may be prescribed by said mayor and council to preserve the peace, protect life, prevent as far as possible the violation of the ordinances of said city and the laws of said State, and arrest such offenders against such ordinances and laws, and to perform such other duties required by them incident to their office. It shall be lawful for the marshal and any other police or arresting officer of said city to arrest with or without warrant, subject to the general laws of the State any person or persons within the corporate limits as fixed for police regulation by this charter, who at the time of arrest, or before that time have been guilty of violating any of the ordinances of said city, the laws of the State of Georgia, or who are fugitives from justice found in said city, and hold such persons so arrested until a hearing of the matter before the proper officers having jurisdiction of said case can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or other place of confinement for a reasonable length of time. Said officers are authorized to the same extent as sheriffs to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State or of any other State and they are hereby vested with all

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the powers given the sheriffs of this State as to pursuits, arrest and detention of persons charged with crime. The said officers are also authorized to arrest anywhere within the limits of the County of Floyd, any person charged with violating any of the ordinances of said city; provided, that when the arrest is not made within twenty-four hours after the offense is committed, they shall only exercise said right in obedience to a written warrant signed by the mayor, or in his absence the mayor pro tem. The said marshal or other arresting officer of said city, may take bonds for the appearance of persons arrested by them, for the appearance of such persons before the police court to answer the offense charged, and all such bonds may be forfeited as provided in this charter. Said arresting officer shall be entitled to receive the same fees as sheriffs for executing State warrants and for performing such other duties as arresting officers are required to perform in prosecution of offenses against the laws of the State of Georgia. That all arresting officers of said city, as provided for in this charter, shall have the power and authority to summons any or all bystanders to aid in the arrest of any persons violating any ordinance of said city or the laws of this State, and any person or persons failing and refusing to obey such summons shall be punished as for contempt of the police court. Police officers. Oath. Duties. Arrests. Imprisonment. Warrants. Appearance bonds. Fees. Summons to assist. Sec. 15. Be it further enacted by the authority aforesaid, That the mayor and council shall by ordinance fix compensation or salary of said marshal or chief of police, and of all other deputy marshals, policemen and arresting officers, and that said mayor and council shall have the right to discharge said marshal, deputy marshals, policemen, or arresting officers at their pleasure, with or without cause, and without notice. Salaries of officers. Sec. 16. Be it further enacted by the authority aforesaid, That the mayor and council shall have right, power and authority to maintain and operate a fire department for the City of Cave Spring under such rules, regulations

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and ordinances as the mayor and council may prescribe, and to do each and everything necessary to its proper maintenance and support. Fire department. Sec. 17. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right, power and authority to erect and operate an electric light and power plant, to be owned by said city, with the right, power, and authority to furnish electric lights and power for the streets and other public places in said city, and, in the discretion of said mayor and council, to furnish lights and electric power to private persons and corporations within said city and vicinity, and to charge and collect for such private lights and power, and to fix the rates for the sale of the same. Electric works. Sec. 18. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right, power and authority, to contract with and buy electricity from any person, firm or corporation for the purpose of furnishing lights and power for the streets and other public places in said city, and to furnish lights and electric power to private persons within said city at not less than cost with said electricity and power as bought and contracted for; and that said mayor and council shall have the further right, power and authority to erect all poles, lines, string all wires, and to install all machinery and such appliances or things that may be necessary and proper for the distribution and sale of said electricity and power, within or without the corporate limits. That they shall have the further right, power and authority to fix rates for the sale of said electricity and power at not less than cost and if default is made in the payment of any electricity and power so furnished, that the clerk of council shall issue execution therefor against said person, said execution being in the same form and shall be collected in the same manner by the marshal of said city as executions for taxes due said city. Contracts for electricity. Rates.

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Sec. 19. Be it further enacted by the authority aforesaid, That the mayor and council shall have full right, power and authority to maintain and operate the waterworks system now owned and operated by the Village of Cave Spring, and that said mayor and council shall have full and complete control of the same, to make such extensions as they may think necessary for the betterment thereof, and to do each and everything that they may think necessary for its proper operation; to regulate the distribution and use of water in all places and for all purposes, and to fix the price thereof and time and terms of payment. That the right and authority to enforce the payment of said water rents by execution issued by the clerk of council is given to the said mayor and council, said executions to be in the same form and collected in the same manner as executions for taxes, except that executions shall issue against tenants and landlords, and shall not be collected as against landlord, where occupied, by tenants for more than a period of sixty days jointly and severally of said water rents, and that the owners of property shall be liable for the water used by tenants of their property. That if said water rents are not paid when due according to the regulations of the mayor and council, they shall have right, power and authority to shut off said water until the arrears are paid, together with interest thereon at the rate of seven per cent. per annum; and the officers and agents of said city shall have the right to enter upon the premises of any person for the purpose of shutting off said water when said water rents remain unpaid, and to enter any dwelling or other place where water is used, and where unnecessary waste is known or suspected, and examine the cause thereof, to prevent such waste, and to make or require to be made any alteration in the pipes, stop cocks or other apparatus necessary for this purpose or any plumbing fixture of any kind or character; to examine all surface pipes, stop cocks and other apparatus and plumbing fixtures connected with said system and to shut off the supply of water until such examination and repairs are made; and

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where such repairs or charges are necessary on the premises of private individuals or for their use, and after notice, they refuse to make said repairs, then said city shall have the right to make said repairs at the expense of said private individual, and to enforce the same by execution in the same manner as for taxes due said city. Said mayor and council shall have full right and authority to pass such ordinances and laws for the regulation of said water system as they may think right and proper, and to provide for the punishment of any one turning on said water after it has been shut off by said city or its officers or agents, or for interfering with said officers or agents, in the proper discharge of their duties. Waterworks. Waterrates. Collections and regulations. Sec. 20. Be it further enacted by authority aforesaid, That the mayor and council shall have full and complete control over the sewerage system of the present Village of Cave Spring, and that they shall have the right, power and authority to operate and maintain a system of sewerage for said city, and to make such extensions, repairs and other work that may be necessary and proper for its operation and maintenance; and that said mayor and council shall have the right, power and authority to provide for and collect annual or monthly rental for each connection made to any sewer in said city, the amount to be fixed by said mayor and council; and that said mayor and council shall have the right, power and authority to make and enforce all reasonable rules and regulations for use of said sewer system; and that said mayor and council shall have the right and authority to employ such officers and agents as they may deem necessary for the proper operation and maintenance of said sewer system. That the rents for the use of said sewers shall be enforced by execution issued by the clerk of council against the tenant and landlord, jointly and severally, and that said execution shall be in the same form and collection enforced in the same manner as tax executions. Sewerage. Rents for use of sewers.

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Sec. 21. Be it further enacted by authority aforesaid, That the mayor and council shall have the right, power and authority to establish and maintain in said City of Cave Spring a system of public schools, and said mayor and council are authorized and empowered to provide by ordinance, in their discretion, for appropriate agencies to regulate, supervise and carry on said system of public schools, and to render same efficient; to employ teachers, buy equipment, buildings and real estate, and do each and every thing necessary and proper for its maintenance and support. Public school system. Sec. 22. Be it further enacted by authority aforesaid, That the mayor and council shall have the right, power and authority to erect, maintain and operate for the City of Cave Spring and its citizens, a gas plant for the purpose of producing gas for the said city and its inhabitants; to sell and distribute the same and to provide all rules and regulations and to pass all ordinances and laws that may be necessary and reasonable and proper in its maintenance; to lay all necessary pipe and buy all necessary machinery, to provide rates for the sale of the same and the time and manner of payment, and to enforce payment by execution issued by the clerk of council in the same form and collected in the same manner as tax executions. Gas-works. Sec. 23. Be it further enacted by authority aforesaid, That the mayor and council shall have the right, power and authority to own, operate and maintain and contract for the use of municipal purposes and for the use and benefit of the inhabitants of the City of Cave Spring and for profit, such other public utilities as are not specifically dealt with in this charter, as the mayor and council may, by appropriate resolution or ordinance, determine to be expedient and to the best interest of the city and its inhabitants and said mayor and council shall have full right, powers and authority to make all rules and regulations to govern the use of the same; to fix prices and rates, and to provide for the collection of the

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same, and to provide by ordinance for punishment of those who illegally abuse or damage property of any such public utility. Other public utilities. Sec. 24. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right, power and authority to exercise control over all street railways, electric light and power plants, gas plants, and other public utilities doing business in said city, and over persons, firms, and corporations owning, leasing or operating the same in said City of Cave Spring, and shall have the right, power and authority to make all reasonable regulations for their operation and control, and ice factories, and dealers in ice, and also to fix the rates and charges for public service; provided, that such rules and regulations shall not controvert the laws of this State governing such public utilities. Control of public utilities, rates, etc. Sec. 25. Be it further enacted by the authority aforesaid, That the mayor and council shall have full right, power, and authority to provide for the proper sanitation of said city and for the protection of the public health, and to impose penalties for the violation of the same. Besides the general powers as set forth above, shall have the authority to pass ordinances for the following purposes, and to provide penalties for any violation thereof: Health and sanitation. (1) To prevent the deposit of any unwholesome substance either on public or private property, and to compel removal to any designated point any substances so deposited; to require slops, garbage, ashes and other waste, or unwholesome material, to be removed to a designated point, or to require occupant of premises to place them convenient for removal, or provide for their destruction. Removal of deposits. (2) To require the occupants or owners of any premises, buildings or outhouses, when the same have become filthy or unwholesome, to abate or cleanse the same, and to authorize such cleansing to be done by the proper

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public officer, and to assess the expense thereof, and collect such expense from said occupant or owner. Cleansing of premises. (3) To abate all surface closets or privies, and to prevent their further use; to require water closets to be used; to require all surface closets or privies to be inspected and to keep same in a sanitary and wholesome manner. Abatement of closets. (4) To establish quarantine regulations and to authorize the removal to designated places or the confinement of persons having infectious or contagious diseases, and to require all physicians to report to designated city officials all cases of infectious or contagious diseases; and to provide for the report of all cases of infectious or contagious diseases where there is no attending physician. Quarantine. Reports of diseases. (5) To compel all persons living or coming within the city limits to be vaccinated, and to be inoculated with serum, vaccine or other prophylactic agent having for its purpose the prevention of typhoid fever, and to provide the means and manner thereof. Vaccination. (6) To regulate and require reports of births and deaths. Births and deaths. (7) To make such requirements as may be deemed necessary to prevent the spread of contagious and infectious diseases, and to make all regulations that may be deemed expedient for the promotion of health and the suppression of disease. Diseases. (8) To provide for the inspection of food, milk, dairies, markets, slaughter pens, and all other places where articles of food are sold or prepared for sale in the City of Cave Spring, and shall have the right and authority to require all persons, firms or corporations offering meats, milk, or other articles of food for sale within the corporate limits of said city, to obtain a permit to do so before offering such meat, milk or other articles of food for sale. Inspection of foods, etc

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(9) To open, construct, and keep in repair, garbage and sewer disposal works, sewers, drains, and ditches, and to regulate all water closets and privies within said city, and to provide rules and regulations for their construction and maintenance. Disposal works. (10) To establish, erect, maintain and regulate a city hospital; and they shall have the right, power and authority to rent, lease or make other arrangements with private hospitals. Hospital. (11) To provide proper medical attention to those who are sick and diseased and who through poverty are unable to care for themselves. Medical service. Sec. 26. Be it further enacted by the authority aforesaid, That the City of Cave Spring is hereby authorized to issue bonds in such amounts as may be permitted under the constitution and laws of the State of Georgia, and at such time or times and in such sum or sums as the mayor and council of the City of Cave Spring may prescribe and the Constitution and laws of the State of Georgia will allow; for the purpose of establishing and maintaining a sewer system for said city; building, maintaining, and operating a waterworks system as provided for in this charter; building, maintaining and operating an electric light and power plant as provided, for in this charter; for building, maintaining and operating a gas plant as provided for in this charter; building, maintaining and operating a system of public schools for said city as provided for in this charter; for building, maintaining and operating such public buildings as may be necessary for the proper conduct of the business of said city and the welfare of its inhabitants; for building, maintaining and operating a hospital as provided for in this charter; for building, maintaining and operating an ice plant; for the purpose of opening, building, grading, repairing and otherwise improving the streets and sidewalks of said city, and for all other purposes

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that in the discretion of the mayor and council is for the best interest of the inhabitants of said city. Bond issues. Purposes. Sec. 27. Be it further enacted by the authority aforesaid, That all elections for the issuing of bonds shall be held in the same manner, and the same persons entitled to vote as in elections for mayor and members of council. Elcetions. Sec. 28. Be it further enacted by authority aforesaid, That it shall be the duty of the mayor and council to set aside annually a sum sufficient as a sinking fund to retire the bonded debt of said city as same becomes due. Sinking fund. Sec. 29. Be it further enacted by the authority aforesaid, That the mayor and council at the first meeting, after their qualifications as such, shall elect a treasurer for said city, to keep a set of books in which he shall make entries of all sums of money received and all money paid out by him, where and to whom paid, and for what purpose, and shall give a receipt for all moneys received by him, and shall take a receipt for all moneys paid out by him, except where the same is paid by check on some bank or banking institution, which said check shall show for what it is paid. That all moneys belonging to said city shall be turned over to him, and shall constitute a fund for the exclusive use of said city. Before entering upon his duties, he shall give bond in such form and such amount, with good and sufficient security, as may be required by mayor and council and which meets with their approval. Treasurer. Bond. (1) That said treasurer shall be a citizen of said city, qualified to vote in elections for mayor and members of council; except said mayor and council shall have the right to designate any bank or banking institution doing business in said City of Cave Spring as said treasurer. Selection. (2) That said treasurer shall only pay out money on checks or drafts signed by the clerk of council and countersigned by the mayor, or in the absence or disability of said mayor, the mayor pro tem, except where the same

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is authorized by the mayor and council, and the said clerk of council or mayor shall fail and refuse to sign or countersign said check or draft; and that said clerk of council and mayor shall only sign or countersign checks or drafts for purpose of proper and legal conduct of said city, and then only when same has been duly authorized by proper action of the mayor and council, except the salaries of officers or other fixed charges which have been fixed and passed upon by proper ordinance or resolution. Treasurer's dtuy. (3) That the books of said treasurer shall always be open to the inspection of any citizen of said city. Books open. Sec. 30. Be it further enacted by the authority aforesaid, That the mayor and council shall have full and complete control of all streets, lanes, alleys and sidewalks in said city, the construction and upkeep of the same and the laying and construction of all sewers, drains and curbs in said city, the waterworks and all that is connected therein, the electric lights and all that is connected therewith, the building, paving, grading and repairing of all streets, lanes, alleys and sidewalks in said city, and all other public utilities, buildings or things owned, rented and leased or contracted to said city. Streets and public works. Sec. 31. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right, power and authority, whenever they may deem it advisable, to macadamize or otherwise improve any of the streets, lanes, alleys or sidewalks, or to improve the sewerage system of said city, to fix by ordinance and collect as taxes due said city, are collected, amounts taxed and assessed abutting property owners for paving, macadamizing said streets and putting in new curbing or gutter, the same to be assessed as follows, to-wit: One-third of cost price each to the respective abutting property owners, leaving one-third to be paid by the city; said cost price shall include, all material, engineering fees, labor and all other expense except grading. When such assessment is made against said property owners, the

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same shall constitute a special lien on such property, and shall be enforced by execution issued in the same manner and in the same form and collected in the same way as tax executions; and all money so collected shall be used by said city for the purpose of paying for said improvements. Assessments for street improvements. Lien. Sec. 32. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right, power and authority to extend the time of payment of said executions issued for the pavement and improvement of streets as set forth in Section 31, so that one-fourth of said amount shall become due and payable immediately upon the completion of said work, and the remaining three-fourths in three annual installments with interest thereon at seven per cent. per annum, provided that if default is made in the payment of any one of said payments, all shall become due and payable immediately and shall be immediately collected. Payments by installments. (a) Immediately upon completion of said work, the clerk of council shall give notice to the abutting property owners of the amount so assessed, and said clerk shall keep an itemized statement of the costs of said work and the same shall be open to the inspection of any abutting owner or interested person; and said amount assessed shall become due and payable within thirty days (30) from the time said notice is served, unless said abutting owner shall elect to pay said assessment in accordance with the terms of this section, when said clerk or council shall issue execution against said abutting owner for said deferred payments bearing interest at the rate of seven per cent. per annum to be held in abeyance, subject, however, to be transferred to the contractor doing said work or others, but not to be levied or collected unless and until default shall be made in the payment of any one or more of said installments. Notice. (b) Any person or persons contesting the amount of their assessment, or the legality of any proceeding growing

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out or connected with the pavement and improvement of said street or streets, shall do so in the same manner as contesting executions issued for taxes, except said abutting owner shall be required to pay such amount as may be admitted to be due, before the levying officer shall receive said illegality. Affidavit of illegality. Sec. 33. Be it further enacted by authority aforesaid, That the mayor and council shall have the right, power and authority to require abutting property owners to lay sidewalks in front of their property of the width, kind and character as they may require, but said sidewalk shall be of uniform width, kind and character from street to street; and if the abutting owner shall fail and refuse to pave said sidewalk in accordance with said requirements, then the city shall have the right and authority to lay the same and charge the expense thereof to said abutting property owner, and to collect said charges in the same manner as for street paving and improvement, except that said owner shall pay the entire expense, but said abutting owner shall have the right to pay for the same in installments as herein provided for the payment of pavement and street improvement. Sidewalks. Sec. 34. Be it further enacted by the authority aforesaid, That the mayor and council is hereby empowered and authorized to pass and enforce such ordinances as may be necessary to secure the safety of citizens and other persons in the running of trains or cars in and through said city, whether propelled by steam, electricity or otherwise, and to require persons or corporations owning and operating the same to keep the intersections of streets in a safe condition for persons on foot, in vehicles or otherwise; to require such persons or corporations to construct and maintain gates and keep flagmen at railroad crossings or to provide such other means of protection against injury to person or property from the operation of such engines, cars or other equipment as the mayor and council shall be ordinance require. Railroad cars; safety precautions, etc.

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Sec. 35. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right, power and authority to grant franchises, permits, easements, and rights-of-way in, under and over the streets, alleys, lanes, sidewalks and other property of said city upon such terms, reservations and conditions as the mayor and council may fix, provided, however, that they shall not have the right to exempt the same from taxation, and shall not be granted for a longer period than twenty years, and that the same shall always be subject to the regulation of the mayor and council. (a) That said franchise, permit, easement or right-of-way asked of said city shall be in writing, and a copy thereof shall be posted in three public places in the City of Cave Spring, not less than fourteen days prior to the time the same is presented to the mayor and council for action. (b) That all such franchises, permits, easements, and rights-of-way shall be placed on the minutes of council, and that if not placed on said minutes, shall be void and of no effect and not binding on said city. (c) Must receive at least four votes, mayor voting to grant same. Sec. 36. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right, power and authority by ordinance to declare what shall constitute a nuisance, and to pass such ordinances as may be necessary to prevent same, and by ordinance they may empower the presiding officer of the police court to abate the same and authorize and empower the proper city official to remove the same, and they may provide for the punishment of the person or persons, firm or corporation causing or suffering the nuisance to exist. Nuisances. Sec. 37. Be it further enacted by the authority aforesaid, That the mayor and council is hereby empowered to regulate by ordinance the selling, weighing and measuring

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of hay, wood, ice, coal, coke and all other articles or things sold by weight or measure; to require dealers to keep honest weights and measures and to provide for the inspection and regulation of such weights and measures and to provide for the inspection and regulation of gas, water and electric meters, and to compel the correct reading of the same, and to fix penalties for any violation thereof. Weights and measures. Sec. 38. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right, power and authority to regulate, restrain or prohibit the running at large in said corporate limits of said city of cattle, horses, mules, swine, sheep, goats, chickens, geese, ducks or other fowls or domestic animals, and to impound the same, and to prevent, regulate or prohibit the running at large of dogs and to provide against injury or annoyance from the same; to provide for the sale of the same when impounded and not claimed, and to provide for the payment of costs of impounding by the owners thereof. Impounding of animals and fowls. Sec. 39. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right, power and authority from time to time to make and establish such rules, laws, and ordinances, and to provide penalties for failure to comply with the same respecting city property, streets, lanes, alleys, sidewalks, bridges, cemeteries, public buildings and grounds, public houses, markets, railroads, telegraph, and telephone companies, electric light and power companies, gas companies, erection of buildings, construction of houses, plumbing, drainage, pumps, blacksmith shops, forges, fertilizer plants, tanneries, lumber yards, warehouses, pawn shops, junk dealers, auctioneers, garages, and all places wherein automobiles are kept or repaired; and all other business houses and enterprises operated in said city; they shall have full power and authority to pass all laws and ordinances they may consider necessary for the peace, good order, health, prosperity, comfort and security of

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said city and of the inhabitants thereof, and that may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and council shall have full power to adopt and enforce any and all ordinances they may consider necessary or advisable to carry out the powers granted to said city and said mayor and council by this charter, and to do any and all other acts and exercise all other powers conferred on them by this Act, or that may be done or exercised under the laws of this State, conferring powers upon municipal corporations. For these purposes the city is given jurisdiction as set forth in Section 2 hereof. Penal regulations of sundry things. Sec. 40. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right, power and authority to regulate butcher pens, butcher shops, livery stables, garages, automobile repair shops, fish stands, restaurants or any other business in which decaying animal or vegetable matter is kept, in which noxious odors may become dangerous and injurious to the health of the public or any part thereof; to license same to be operated and maintained only in such localities as may be offensive to the public, and to revoke the license for same when they prove dangerous and injurious to health or become a nuisance. Regulation and licensing of certain occupations. (a) To regulate and control all hotels and public houses and to revoke the license of same in case they should become disorderly. Hotels. (b) To require owners of lots to drain same, fill up excavations or depressions, to drain ponds, and upon failure to do so after reasonable notice, to have same done at the owner's expense, and enforce collection by execution issued against the property, which execution shall be issued and collected in the same manner and form as executions for taxes due to the said city. Drainage of lots.

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(c) To regulate and prevent unnecessary annoyances by volumes of smoke and disagreeable and unnecessary noises. Smoke. (d) To organize a chain-gang or work-gang and to put at compulsory labor thereon all those convicted of violating any of the ordinances of the city. Chaingang. (e) To regulate the use of automobiles, motor cars, motorcycles, and all motor vehicles in, on and over the streets, lanes and alleys of said city. Motor cars. (f) To condemn, regulate, tax and license all automobiles, coaches, drays, hacks, taxicabs, jitney busses, and all other vehicles using the streets of said city, for hire. Vehicles for hire. (g) To license, tax, regulate or prohibit billiard rooms, pool rooms, ten-pin alleys or other such alleys, social clubs, moving picture shows, circuses, shows or theaters, dance halls or other public places kept for public entertainment. (h) To regulate and provide for the inspection of all electrical work and wiring, whether on private property or elsewhere, and to compel such work, if defective, to be repaired or made secure by the owner or occupant of said building; to provide for the regulation, building and inspection of all chimneys, flues, roofing, and building material used so as to protect said city from fire. Inspections. Sec. 41. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right, power and authority to levy and enforce the collection of a tax upon all property, real and personal, within said 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 just and proper, and upon franchises; to fix and collect a license on theatrical exhibitions, circuses, and shows of all kinds, on drays and hacks, taxicabs, jitney busses, automobiles

Page 851

for hire, busses, hotels, boarding houses, restaurants, fish stands, billiard, pool and other kinds of tables, ten-pin alleys, butcher shops, livery stables, garages, automobile repair shops, blacksmith shops, livery stables, auctioneers, and upon all other classes or kinds of business, whether of like kind 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 a general, complete and full as the State itself; and said taxes ad valorem, special, license or occupation, shall constitute a lien upon all the property of the tax payer or person liable and take rank as provided by general law for city taxes. Taxing powers. (a) Said city shall have the right, power and authority to provide by ordinance for the return of all real and personal property for taxation, to provide for the compelling of 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 year, not in any conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times at which said returns are due; to provide the time or times when said taxes shall be due and payable. Returns for taxation. (b) Said city shall have the right, power and authority to provide by ordinance for the registration of all business, occupations, professions, callings or trades 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 paynig the tax, and shall have the power, in addition thereto, to enforce the same by execution, issued in the manner and form hereinafter provided. Registry of businesses. (c) Said city shall have the right, power and authority to require each male resident living within the present or future corporate limits of the city, between the

Page 852

ages of twenty-one (21) and fifty years (50), inclusive, to work upon the streets in said city as the mayor and council may direct, for as many as six days in each year, or in lieu of said work to pay a street or commutation tax not to exceed five dollars ($5.00) 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 police court of such residents who have failed or refused to pay the commutation tax when demanded by the person or officer designated by the mayor and council to collect such tax, and who shall, without good excuse fail or refuse to appear at the time and place appointed, to work, when summoned or notified by the 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. Commutation tax. (d) That the said mayor and council shall have the right, power and authority to appoint a board of tax assessors of real and personal property, consisting of three freeholders of said city, which board shall assess for taxation, respectively, the value of all personal and real property in the city, and perform such other duties connected therewith as the mayor and council may prescribe, and said board, when sitting, shall have the power to compel the attendance of parties and witnesses, to require the production of books and papers, and to enforce such attendance and production by attachment for contempt, which may be punished by said board, as in this charter prescribed for a contempt of the police court. All summons and notice to produce under this section shall be issued by the clerk of said board and hear test in the name of the chairman. And the mayor and council shall provide by ordinance, not in conflict with the State laws, for the ascertainment of the value of taxable property by said boards in contested cases, and shall provide by

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ordinance, not in conflict with State law, for notice and hearing to tax payers 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 Floyd County. Tax assessors. Powers. Tax values. (e) That said city shall have the right, power and authority to enforce the collection of all taxes due said city by execution issued by the clerk of council, directed to the marshal of chief of police and hearing test in the name of the mayor, which execution shall be issued in the time prescribed by the city ordinances and shall show for what year the same is issued, and whether it is for ad valorem tax, specific, occupation, license or assessment for payment, street improvement, sidewalk, fine or otherwise; and such execution shall be enforced by the marshal or the chief of police by the levy and sale of property of the defendant, and the sales under the same shall be conducted as is now or may hereafter be provided for the sale of property under tax executions due the State, except that the sale shall take place before the door of the place where the Mayor and Council have their meetings or such other place as may be designated by the Mayor and Council by proper ordinance, and all other proceedings shall be the same as in sales and disposition of property and proceeds as under sales of property for tax due to the State; and where the owner of property in said city is unknown, such execution may be issued against said property and the levy and sale thereof shall be in accordance with ordinances of said city. That said city shall have the right to bid in said property at said sale and hold same. Tax executions. Levy and sale. (f) That the city's power to provide machinery or methods for the return, assessment and taxation of property within the city and for city purposes, shall be as full and complete as that of the State. Taxing power.

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(g) That the compensation or salary of the members of the Board of Tax Assessors shall be fixed and determined by ordinance passed by the Mayor and Council. Salaries of assessors. Sec. 42. Be it further enacted by the authority aforesaid, That the Mayor and Council shall meet on the second Wednesday in each month, and at such other times and place as may be designated by said Mayor and Council, and at such other times as may be designated by the Mayor, or in his absence or disability, such time as may be designated by the Mayor pro tem. If for any reason the Mayor or in his absence or disability, the Mayor pro tem shall fail and refuse to call a meeting of the members of Council, a meeting can be caller by notice being given to the Mayor and other members of Council, in writing, giving the time and place of said meeting and being signed by two members of Council. Meetings of Council. (a) That a majority of the members of Council shall constitute a quorum. Quorum. (b) That no business of any kind or character shall be transacted except that a quorum be present and that it shall require the affirmative vote of three members of Council to adopt any measure, ordinance or resolution. Vote. (c) That they shall keep an accurate minute of all their acts and doings, and that all contracts, agreements and obligations entered into by said city shall be set forth in said minutes. Minutes. (d) That all contracts, agreements, deeds or obligations entered into by said city shall be signed by the Mayor, or in his absence or disability, the Mayor pro tem., in behalf of the city, and only at the direction of the Council. Contracts. Sec. 43. Be it further enacted by the authority aforesaid, That the City of Cave Spring 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

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sites for parks, water supplies, water pipes, sewers, cemeteries, plants for the 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 in any manner altering any of the streets, alleys, lanes or ways of said city, and for any other public purpose, or for the purpose of building, erecting, maintaining and properly operating any public utility or thing which this charter gives said city the right to build, erect, maintain and operate; and to pay the owners of said property the damages incident to said condemnation. Said city shall proceed in condemning said property for the purposes mentioned, under the terms and provisions as are now, or may hereafter be, provided by the laws of this State in such cases made and provided. The fact that the property needed by said city for said purposes may be owned by a railroad or other quasi public corporation shall be no bar to the exercise of the right of condemnation hereby conferred. Condemnation of lands. Sec. 44. Be it further enacted by the authority aforesaid, That said city shall have the right, power and authority to grant encroachments upon the streets, sidewalks, alleys or ways of said city, on such terms and in such manner as may be by ordinance prescribed. Encroachments. Sec. 45. Be it further enacted by the authority aforesaid, That all executions provided for in this charter may be resisted in the same manner and way that executions for taxes due the State may be resisted, except that when the sum involved is one hundred ($100.00) dollars or a less amount, that the same shall be returnable to the Justice Court of the district in which the City of Cave Spring is situated. Resistance of executions. Sec. 46. Be it further enacted by the authority aforesaid, That said Mayor and Council may codify all ordinances and by-laws of said city, together with the charter of said city, into one book, to be known as the Code

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of the City of Cave Spring, and when same is adopted by said Mayor and Council, said code shall be admitted in evidence in any of the Courts of this State, upon certificate of the clerk of Council certifying the same to be the code of ordinances and laws of said city. Code of ordinances. Sec. 47. Be it further enacted by the authority aforesaid, That all deeds of the City of Cave Spring or the marshal, pursuant to tax sales or sales under execution issued for the collection of local assessments or other indebtedness to the City of Cave Spring shall be admissible in evidence on the same terms as deeds made pursuant to sale for taxes due the State and county; provided, it shall be competent for parties denying the validity of such deed to put in evidence the proceedings preliminary to the execution of such deed. The purpose of this section being to give to such deed the same prima facie force and validity which is awarded to the tax deeds made by officers of the State and county. Deeds as evidence. Sec. 48. Be it further enacted by the authority aforesaid, That the provisions of this charter shall go into effect immediately upon the passage of this Act and its approval by the Governor. Effective now. Sec. 49. Be it further enacted by 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, 1920. CEDARTOWN CHARTER AMENDED. No. 454. An Act to amend an Act approved December 13th, 1898, entitled An Act to amend, consolidate and supersede the several Acts incorporating the City of Cedartown in the County of Polk, to confer additional powers upon the corporate authorities thereof, and otherwise

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to amend the charter of said city; to provide a new charter for the same, and for other purposes, by striking therefrom Sections 14 and 15 as originally set forth, and by inserting in lieu thereof a new section numbered 14 changing, extending and defining anew the corporate limits of the City of Cedartown, and by inserting a new section numbered 15 fixing and defining the various wards of said city and the territory embranced therein, 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 an Act approved December 13th, 1898 entitled An Act to amend, consolidate and supersede the several Acts incorporating the City of Cedartown, in the County of Polk, to confer additional powers upon the corporate authorities thereof, and otherwise to amend the charter of said city, to provide a new charter for the same, and for other purposes, be and the same is hereby amended by striking therefrom Section 14 as set forth therein and by inserting in lieu thereof a new section numbered 14, changing, extending and defining the corporate limits of the City of Cedartown, as follows: Section 14. Be it further enacted, That the corporate limits of the City of Cedartown, in the County of Polk, shall extend to and embrance all the territory within the limits of a circle described as follows: The center of the circle shall be the point in the center of Main Street where the center of Main Street is intersected by the prolongation eastward of the center line of West Avenue, and the circle shall be described with this point as the center and with a radius one mile in length, so that the line marking the corporate limits shall be in the form of a circle, every point on which shall be one mile distant from the center point above described. Any part of the territory within the city limits may be excluded from the city by a two-thirds vote of the qualified voters

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of said city voting at an election called for that purpose by the Mayor and Council. Act of 1898 amended. New Sec. 14. Territorial limits. Sec. 2. Be it further enacted by the authority aforesaid, That said Act described in Section 1 of this Act be and the same is hereby amended by striking therefrom Section 15 of said Act as therein set forth, and by inserting in lieu thereof a new section to be numbered 15, fixing and defining the various wards of said city and the territory embranced therein as follows: Section 15. Be it further enacted, That the City of Cedartown shall be divided into five wards as follows: Ward No. 1 shall be bounded as follows: Beginning at the intersection of Main and Prior Streets and running northward along the center of Main Street to the center of Sycamore Street, thence west along the center of Sycamore Street to the center of College Street, thence north along th center of College Street and along a line extending northwardly therefrom to the city limits, thence west and south around the circle bounding the city limits to the center of West avenue and the extension thereof, thence east along the center of West Avenue to the center of College Street, thence north along College Street to the center of Prior Street, thence east along the center of Prior Street to the starting point. New Sec. 15. Wards defined. Acquire- Ward No. 2. shall include all that part of the city south of Ward No. 1, and west of the center of Main Street. Ward No. 3 shall be bounded as follows: Beginning at a point which is the center of the intersection of Main and Stubbs Streets and running east along center of Stubbs Street to its intersection with the center of Jones Street, thence northwardly along the center of Jones street to its intersection with the center of Herbert Street, thence eastwardly along the center of Herbert Street to its intersection with the center of Park Street, thence southwardly along the center of Park Street to its intersection with the center of Gibson Street,

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thence east along the center of Gibson Street to the west boundary line of the right of way of the Central of Georgia Railway Company, thence southwardly along the west boundary line of the right of way of the Central of Georgia Railway Company to where same intersects the city limits, thence westwardly along the city limits line to its intersection with the center of Main Street, thence northwardly along the center of Main Street to its intersection with the center of Stubbs Street which is the point of beginning. Ward No. 4 shall be bounded as follows: Beginning at a point which is the center of the intersection of the center of College Street, thence northwardly along north along the center of Main Street to its intersection with the center of Prior Street, thence westwardly along the center of Prior Street to its intersection with the center of College Street, thence northwardly along the center of College Street and its extension to the city limits, thence eastwardly along the city limits to the west boundary line of the right of way of the Central of Georgia Railway, thence southwestwardly along the west boundary line of the Central of Georgia Railway right of way to its intersection with the center of East Avenue, thence westwardly along the center of East Avenue to its intersection with the center of Park Street, thence southwardly along the center of Park Street to its intersection with the center of Herbert Street, thence westwardly along the center of Herbert Street to its intersection with the center of Jones Street, thence southwardly along the center of Jones Street to its intersection with the center of Stubbs Street, thence westwardly along the center of Stubbs Street to its intersection with the center of Main Street which is the point of beginning. Ward No. 5 shall be bounded as follows: Beginning at a point which is the intersection of the center of Park Street and Gibson Street and running north along the center of Park Street to the center of its intersection

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with the center of East Avenue, thence east along the center of East Ave. to the west boundary line of the Central of Georgia Railway right of way, thence northeastwardly along the west boundary line of the Central of Georgia Railway right of way to the city limits, thence southwardly along the city limit line to where same is intersected by the west boundary line of the Central of Georgia Railway right of way, thence northwardly along the west boundary line of the Central of Georgia Railway right of way to its intersection with the center of Gibson Street, thence west along the center of Gibson Street to its intersection with the center of Park Street which is the point of beginning. Sec. 3. Be it further enacted by the authority aforesaid, That title to certain public improvements made and erected by the Cedartown Cotton and Export Company within the territory annexed to and brought within the corporate limits of Cedartown by virtue of this Act, towit: Sewer lines, sewer pipe and attachments, electric lighting system including wires, poles and all attachments and fixtures connected therewith, water main and attachments and fixtures connected therewith, and cement curb and gutter, shall remain in said Cedartown Cotton and Export Company until same are fully paid for by the City of Cedartown. The value of such improvements and amount to be paid therefor by the city shall be fixed and ascertained within one year from the time this Act becomes effective, either by agreement between the company and the Mayor and Council of Cedartown, or by arbitration. In the event an agreement can not be reached the value and amount to be paid for said property and improvements shall be determined by a Board of Arbitrators, to be composed of one man, to be appointed by the city authorities, one to be selected by said company, and a third man to be chosen by the two arbitrators thus named by the parties at interest. The decision of said arbitrators, or a majority thereof, upon the issues submitted, shall be

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final and binding upon the City of Cedartown and said company. In ascertaining the value of such public improvemenrts, and the amount to be paid therefor by the city, whether fixed by agreement or arbitration, the City of Cedartown shall only be charged with the same proportion of the expense incurred for such improvements as is borne by said city for similar improvements within the corporate limits according to the ordinances, rules and regulations now existing and observed in dividing the cost of same between the city and the property owners interested. When the value thereof is fixed as herein prescribed the Mayor and Council shall have the authority to contract for the purchase of said improvements upon such terms and conditions as may be deemed best, title remaining in the company as aforesaid until final payment is made. Acquirement of title to property brought into city limits. Sec. 4. Be it further enacted by the authority aforesaid, That this Act shall become effective on the first day of February, 1921. Effective Feb. 1, 1921. 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 July 31, 1920. CLAXTON CHARTER AMENDED. No. 423. An Act to amend an Act establishing a new charter for the City of Claxton, then in Tattnall County, but now in Evans County, Georgia, approved July 28, 1911, so as to redefine the corporate limits of said city, to change the time of election and terms of the Mayor and Councilmen, to increase their salaries, to change the time for the registration of voters in said city, to strike the words Recorder and Tattnall from

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said Act and insert in lieu thereof, respectively, the words clerk and Evans, and for other purposes therein contained. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That all the words in Section 2 of said original Act, after the word that in the first line thereof, be and the same are hereby stricken therefrom and the following inserted in lieu thereof: Act of 1911 amended. The corporate limits of the City of Claxton shall begin at a point on the Seaboard Air Line Railroad one-half mile east of said railroad depot in said city, and run thence north one-half mile; thence westwardly parallel with said railroad to the corporate limits of the Town of Hagan; thence along the eastern boundary of the Town of Hagan to a point one-half mile south of said railroad; thence eastwardly parallel with said railroad to a point one-half mile south of the point of beginning; thence north to the point of beginning. Territorial limits. Sec. 2. Be it further enacted by the authority aforesaid, That the last eighteen words in Section 5 of said original Act be and the same are hereby stricken therefrom; and the following inserted in lieu thereof: The Mayor shall hold office for one year and the Councilmen for two years and until their successors are elected and qualified; provided, however, that the three Councilmen receiving the lowest number of votes at the election held next after the passage of this Act shall hold office for only one year, and that the Mayor and Councilmen elected next after the passage of this Act shall assume office on the first day of January next thereafter, and the terms of their predecessors shall thereupon terminate. Terms of office. Sec. 3. Be it further enacted by the authority aforesaid, That the words January, 1912, in the second line of Section 7 of said original Act be and the same are hereby stricken therefrom, and the words December, next after the passage of this Act inserted in lieu

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thereof; further, that the words five Councilmen in line five of said Section 7 be and the same are hereby stricken therefrom, and the words as many Councilmen as there are places to fill inserted in lieu thereof; so that the first sentence of said Section 7 when so amended shall read: Be it further enacted, That on the first Thursday in December, next after the passage of this Act, and annually thereafter on the same day, an election shall be held in said city, at the city hall or such other place as may be designated by the Mayor and Council, for a Mayor, as many Councilmen as there are places to fill, a clerk and a treasurer. Annual elections. Sec. 4. Be it further enacted by the authority aforesaid, That the words within five days after the election of said Mayor and Councilmen and, in the first and second lines of Section 10 of said original Act be and the same are hereby stricken therefrom. Words stricken. Sec. 5. Be it further enacted by the authority aforesaid, That all the words in Section 22 of said original Act, after the word that in the first line thereof, be, and the same are, hereby stricken therefrom, and the following inserted in lieu thereof: The clerk of council of said city shall open a book for the registration of voters at his office on the 25th day of October in each year, which book shall be kept open until four o'clock p. m. of the 24th day of November thereafter and then be closed. Registration of voters. Sec. 6. Be it further enacted by the authority aforesaid, That all the words in Section 41 of said original Act, after the word that in the first line thereof, be, and the same are, hereby stricken therefrom, and the following inserted in lieu thereof: The compensation of the mayor shall be two hundred dollars per annum, of the councilmen fifty dollars each per annum, of the city attorney one hundred dollars per annum, and of all other officers and employees such sums as the mayor and council may determine. Compensation of officers and employees.

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Sec. 7. Be it further enacted by the authority aforesaid, That the word recorder, in every instance where it occurs in said original act, be, and the same is, hereby stricken therefrom, and the word clerk inserted in lieu thereof; and that the word Tattnall, in every instance where it occurs in said original Act, be, and the same is, hereby stricken therefrom, and the word Evans inserted in lieu thereof. Words substituted. Sec. 8. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with the Act be, and the same are, hereby repealed. Approved July 24, 1920. COBBTOWN MAYOR AND COUNCILMEN; ELECTION, TERMS. No. 706. An Act, to amend an Act, to incorporate a City of Cobbtown, approved August 19, 1919, so as to provide for the election of a mayor and councilmen for said city all at the same time and that said officers shall be elected for a term of one year, and to strike from the charter of said City of Cobbtown, Section 5 of said Act, and for other purposes. Sec. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 5 of the charter of the City of Cobbtown, to be found in the Acts of 1919, on page 900 of said Act, is hereby repealed and the following is hereby enacted in lieu of the said section: That from and after the passage of this Act, a mayor and five councilmen shall be elected annually for the City of Cobbtown and said election shall be held on the Tuesday following the second (2d) Monday in next December and annually thereafter on said date, and said mayor and council shall go in office on the

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first day of the following January after they are elected, and shall hold for a term of one year. And said election shall be held under the law as to the regulation of the same as now provided in the charter of the City of Cobbtown. Act of 1919 amended. New Sec. 5. Election and term of officers. 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, 1920. COCHRAN; CLOSING OF STREET. No. 730. An Act to authorize the City of Cochran, to close, sell, and convey certain portions of Beach street, in the City of Cochran, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the City of Cochran, a municipal corporation, be and it is hereby authorized and empowered to close and vacate a certain portion of Beach street in said City of Cochran, described as follows, to-wit: All of said street lying between the southwest line of First street and the easterly line of the right-of-way of the Southern Railway Company, and being that portion of said street upon which now stands the old City Hall of the City of Cochran. Authority to close part of Beach street. Sec. 2. Be it further enacted by the authority aforesaid, That the mayor and council of the City of Cochran shall have the power and authority to grant, bargain, sell and convey to such person or persons, and upon such terms, as they may deem best, such portions of said Beach street described in Section 1 and the City of Cochran, may through its mayor and city clerk, make a good

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and sufficient title thereto to such purchaser, or purchasers. Conveyance of title. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. COLLINS MAYOR AND COUNCILMEN; ELECTION, TERMS. No. 712. An Act, to amend an Act, to incorporate a City of Collins, approved August 22, 1905, so as to provide for the election of a mayor and councilmen for said city all at the same time and that said officers shall be elected for a term of one year, and to strike from the charter of said City of Collins, Section 5 of said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 5 of the charter of the City of Collins, to be found in the Acts of 1905, on page 741 of said Act, is hereby repealed and the following is hereby enacted in lieu of the said section: That from and after the passage of this Act, a mayor and five councilmen shall be elected annually for the City of Collins and said election shall be held on the Tuesday following the second (2d) Monday in next December and annually thereafter on said date, and said mayor and council shall go in office on the first day of the following January, after they are elected, and shall hold for a term of one year. And said election shall be held under the law as to the regulation of the same as now provided in the charter of the City of Collins. Act of 1905 amended. New Sec. 5. Election and term of officers.

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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, 1920. COLUMBUS COMMONS COMMISSION; EXECUTION OF DEED. No. 733. An Act to authorize the commons commissions of the City of Columbus, Georgia, to execute a deed without restrictions to Simpson Chapel Methodist Church at the corner of Seventh street and Sixth avenue, known and distinguished in the plan of said city commons as lots Nos. two (2) and three (3) in Block No. forty-five (45) containing one-half (1-2) acre in the City of Columbus, 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 commons commission of the City of Columbus, Georgia, is authorized to execute a deed without restrictions to Simpson Chapel Methodist Episcopal Church at the corner of Seventh street and Sixth avenue, known and distinguished in the plan of said city commons as lots Nos. two (2) and three (3) in block No. forty-five (45) containing one-half (1-2) acre in the City of Columbus, and for other purposes. Deed to church authorized. Sec. 2. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 16, 1920.

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COLUMBUS; PENSIONS FOR INJURED FIREMEN. No. 594. An Act to amend the charter of the City of Columbus, Acts 1890, page 489, so as to give the City of Columbus, through its mayor and board of aldermen, the right and power to pay to the widow, or widow and orphan children of any employee of the police force or fire department of the City of Columbus who loses his life or health in the discharge of his duties, either an annual pension or such compensation as the mayor and board of aldermen may deem just and proper in each particular case, which shall not exceed two-thirds of the annual salary of the employee, and shall not be paid to any minor child over the age of sixteen years, and for other purposes. Section 1. Be it enacted, That the charter of the City of Columbus, Acts 1890, page 489, is amended so as to give the City of Columbus, through its mayor and board of aldermen, the right and power to pay to the widow, or widow and orphan children, or if no widow, to the orphan children of any employee of the police force or fire department of the City of Columbus who loses his life or health in the discharge of his duties, an annual pension, or such other compensation as the mayor and board of aldermen may deem just and proper in each particular case, but said pension is not, in any event, to exceed two-thirds (2-3) of the annual salary of said employee and no pension is to be paid to any minor child over the age of sixteen years, and said pension is only to be paid where in the discretion of the mayor and board of aldermen, the family of such employee is left in a destitute condition, and if the same is so granted, said pension may be revoked at any time by a vote of the mayor and board of aldermen when it shall appear to them that, for any cause, the same should be revoked. Act of 1890 amended. Pensions to widows and orphans of policemen and firemen.

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Sec. 2. Be it enacted further, That all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved August 10, 1920. COLUMBUS STREET CLOSING. No. 521. An Act to amend an Act approved February 18th, 1873, vesting title in fee simple to the commons of the City of Columbus in commons commissioners, as amended by an Act approved December 17th, 1910, by providing for the closing of Eleventh street between Ninth and and Tenth avenues on the East Commons of the City of Columbus, which said portion of Eleventh street has not heretofore been used for street purposes, and authorizing a sale or lease thereof by the Commons Commissioners and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the second section of an Act to vest the title to the Commons of the City of Columbus in commissioners, to sell the same and apply the proceeds to certain purposes, as amended by an Act approved December 17, 1900, be amended by striking the word ninth where it appears in the eleventh line of Section 1 of the amendatory Act approved December 17, 1900, and as published in Georgia Laws for the year 1900, and substituting in lieu thereof the word Tenth, so that the second section of the Act approved February 18, 1873, as amended by an Act approved December 17, 1900, when so amended shall read as follows: Act of 1900 amended. That it shall be the duty of the aforesaid commissioners to have the aforesaid commons surveyed and laid

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off in lots suitable for building lots; and they are empowered to sell or lease the same, giving titles to the same, but shall not sell to any person, except for manufacturing purposes, more than one acre; provided, however, that said commissioners shall be authorized to sell or lease and make titles to any part of what is known as Eleventh street, heretofore dedicated for street purposes, lying between Seventh and Tenth avenues, on the east commons of the City of Columbus, which may not be used for street purposes at the time of the passage of this Act. To be read. Sale or lease of part of Eleventh Street. Sec. 2. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1920. COLUMBUS TAX RATE. No. 597. An Act to amend the charter of the City of Columbus in Muscogee County, Georgia, so as to confer power and authority upon said city to levy and collect for the purpose of paying the ordinary current expenses of said city, an ad valorem tax upon all property located within said city, subject to taxation, not exceeding seven mills upon the value of said property for the years 1921, 1922 and 1923, and not exceeding six mills annually thereafter for the same purpose. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: The charter of the City of Columbus in Muscogee County, Georgia, approved on November 29, 1890, is hereby amended by adding an additional new section following Section 15 of said Act, and to be known as Section 15-A-1, and to read as follows, to-wit: That for the purpose of paying the ordinary current expenses

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of said City of Columbus, as defined in Section 865 of the Civil Code adopted in 1910, the said City of Columbus is hereby empowered and authorized to levy and collect an ad valorem tax upon all property located within said city and subject to taxation under the laws of the State of Georgia, of not exceeding seven mills upon the value of said property for each of the years 1921, 1922 and 1923, and an ad valorem tax of not exceeding six mills annually thereafter for the same purpose. Act of 1890 amended. Tax ad valorem. Rate. Sec. 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 10, 1920. COLUMBUS TERRITORIAL LIMITS DEFINED. No. 581. An Act to amend an Act to provide for the extension of the corporate limits of the City of Columbus, in the County of Muscogee; to provide for an election to be held in the territory proposed to be annexed in said city, to provide for declaring the result thereof; to provide for the qualified voters therein; to provide penalties for illegal voting and for other purposes; approved August 18, 1919, so as to definitely define the northern and western boundary lines of the northern extension as provided for by said Act, and so as to make said northern extension so definitely defined to be within the corporate limits of the City of Columbus, and for 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 providing for the extension of the corporate limits in the City of Columbus, County of Muscogee, approved August 18, 1919, be and the same is hereby amended

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by striking from the preamble thereof the words thence in a westerly direction along the line of the present city limits to the Chattahoochee River, thence northerly along the said river to the south line of the Town of Bibb City, and substituting in lieu thereof the following words: Thence in a westerly direction along the line of the present city limits to the high-water mark of the western bank of the Chattahoochee River; thence northerly along said high-water mark of the western bank of said river to a point which is the point of intersection of high water mark of the western bank of the Chattahoochee River, with a line drawn westerly from the southeast corner of the present limits of Bibb City, and parallel with Thirtieth street, if extended westerly beyond First avenue; thence easterly to the southeast corner of the present limits of Bibb City; thence north along the eastern boundary line of Bibb City to the point of beginning, so that said paragraph of said preamble of said Act approved August 18, 1919, defining the limits of said northern extension as so amended, shall read as follows: Beginning at the eastern boundary of Bibb City in said county on the south side of Thirty-first street, and running thence east along the south side of Thirty-first street to the east side of Second avenue, thence north along the east side of Second avenue to the south to Thirty-second street, thence east along the south side of Thirty-second street to the River Road, thence north along the River Road to the south side of Thirty-eighth street, thence in an easterly direction along the south side of Thirty-eighth street to the west side of Twelfth avenue, thence south along Twelfth avenue to the present city limits, thence in a westerly direction along the line of the present city limits to the high water mark of the western bank of the Chattahoochee River, thence northerly along said highwater mark of the western bank of said river to a point which is the point of intersection of said high-water mark of the western bank of the Chattahoochee River, with a line drawn westerly from the southeast corner of the present limits of Bibb City and parallel with Thirtieth

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street if extended westerly beyond First avenue, thenec easterly to the southeast corner of the present limits of Bibb City, thence north along the eastern boundary line of Bibb City to the point of beginning. Act of 1919 amended. To be read. Extension of territorial limits defined. Sec. 2. Be it further enacted, and it is hereby enacted by the authority aforesaid, That, from and after the passage of this Act, the corporate limits of the City of Columbus shall include the territory within the boundaries described in Section 1 of this Act, and said territory shall thenceforth become a part of said City of Columbus and be subject to all the laws and ordinances governing same. Territory incorporated. Sec. 3. Be it further enacted, That no land lying north of the northern line as hereinbefore defined as extending westerly from the southeast corner of the present limits of Bibb City shall be a part of the City of Columbus. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved August 10, 1920. COLUMBUS TERRITORIAL LIMITS; CORRECTION OF ERROR IN ACT OF 1919. No. 564. An Act to amend an Act to provide for the extension of the corporate limits of the City of Columbus, in the County of Muscogee, to provide for an election to be held in the territory proposed to be annexed and in said city; to provide for declaring the result thereof; to provide for the qualified voters therein; to provide penalties for illegal voting, and for other purposes, approved August 18, 1919, so that at least seventy-five (75) per cent. of such sums as may arise from taxation or otherwise, in territory annexed under the provisions of said Act, shall be expended in

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the maintenance and improvement of such annexed territory and in the protection of same and in the establishment of public schools therein, for five years from the date of the passage of said Act of August 18, 1919, and for other purposes. Whereas, in the enrollment of the Act approved August 18, 1919, entitled An Act to provide for the extension of the corporate limits of the City of Columbus, in the County of Muscogee, etc., a mistake was made in the Thirteenth Section thereof so that the words and figures appear therein at least 55 per cent. when in the enrolled Act these words and figures should have been in said Thirteenth Section At least seventy-five (75) per cent. Now, therefore, Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the Act providing for the extension of the corporate limits of the City of Columbus in the County of Muscogee, approved August 18, 1919, be and the same is hereby amended by striking in the Thirteenth Section thereof, the figures 55 and substituting in lieu thereof the words and figures Seventy-five (75) so that said Section 13 of said Act approved August 18, 1919, when so amended, shall read as follows: Act of 1919 amended. Sec. 13. It shall further be the duty of the mayor and council of the City of Columbus, if said extension of the limits of said city shall be accomplished, to cause to be kept a separate account of all assessments arising from taxation or otherwise in said territory for a period of five years. Said mayor and council of the City of Columbus shall be required to expend in the maintenance and improvement of said annexed territory and in the protection of the same, and in the establishment of public schools therein, at least seventy-five (75) per cent. of such sums as may arise from taxation or otherwise in said annexed territory. To be read. Expenditure for annexed territory.

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Sec. 2. Be it further enacted, That all laws and parts laws in conflict with this Act be and the same are hereby hereby repealed. Approved August 9, 1920. COMMERCE STREET IMPROVEMENT. No. 400. An Act to amend an Act of the General Assembly of Georgia approved August 17, 1909, entitled an Act to incorporate the City of Commerce in the County of Jackson and for other purposes, and the Acts amendatory thereof, so as to confer power and authority on the City of Commerce to grade, pave, macadamize, or otherwise improve for travel or drainage, the streets, lanes or allays of the City of Commerce, and to assess two-thirds of the costs of the same against the real estate and the railroad company or companies abutting such streets, lanes and alleys, and to this end to repeal or strike Sections 65 and 66 of the said Act incorporating the said City of Commerce approved Aug. 17, 1909, as aforesaid, and substituting in lieu of those other provisions, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that an Act approved August 17, 1909, and all Acts amendatory thereof, entitled an Act to incorporate the City of Commerce in the County of Jackson, and for other purposes, be and the same is hereby amended as follows, to-wit: By striking Section 65 of said Act and substituting in lieu thereof the following, to-wit: Act of 1909 amended. Section 65. Be it enacted by the authority aforesaid and it is hereby enacted by the authority of the same, That the Mayor and Council of the City of Commerce shall have full power and authority to adopt at any

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time an ordinance requiring the grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets, lanes or alleys of said city or parts of the same, and shall have full power and authority to assess and collect two-thirds of the costs of such grading, paving, macadamizing or otherwise improving the same on and out of the real estate and railway company or companies abutting on each side of said streets, lanes or alleys and shall have full power to provide by ordinance for the collecting of such assessments for the costs of such improved, paved, graded and macadamized streets, lanes and alleys out of said railway company or companies abutting said streets, lanes or alleys, as from the real estate or owners of real estate abutting said streets, lanes and alleys. New Sec. 65. Street improvement assessments. Sec. 2. Be it further enacted by the authority aforesaid, That Section 66 of said Act incorporating said City of Commerce, in Jackson County, Georgia, and for other purposes, approved Aug. 17, 1909, be and the same is hereby repealed. Sec. 66 repealed. Sec. 3. Be it further enacted by the authority aforesaid, That the said Mayor and Council of the City of Commerce shall have as full power and authority to enforce the collecting of the assessments for grading, paving, macadamizing or otherwise improving such streets, lanes and alleys as is provided in Sections 62 of said Act incorporating said City of Commerce for the collection of assessments for the construction, paving or otherwise improving of the sidewalks of said city and owners of real estate, and railway, such assessments and the enforcement of the same by executions shall have the right to file illegalities as provided in Section 63 of the said Act incorporating the City of Commerce in Jackson County, approved Aug. 17, 1909, for persons dissatisfied with the construction, paving, improving sidewalks in said City of Commerce. Collection of assessments. Illegality of execution.

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Sec. 4. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be and the same are hereby repealed. Approved July 23, 1920. CONYERS SCHOOL TAX. No. 736. An Act to amend an Act approved September 11, 1889, creating a public school system for the City of Conyers, Georgia; to empower the Mayor and Aldermen to levy and collect a tax for the support and maintenance thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section VI is hereby amended by striking the word one-half in the ninth (9th) line and inserting in lieu thereof the word three-fourths, so that said section when so amended will read as follows: Section VI. Be it further enacted, That said Board shall, as early as practicable after the beginning of the scholastic year, determine what amount of money is necessary to defray the expenses of running said schools for the ensuing year, and shall lay the same before the Mayor and City Council, who shall proceed at once to levy and collect the same, and when collected, shall be turned over to the said Board, which shall expend the same in carrying out the purposes of this Act; provided, that the rate of taxation under this Act shall not exceed three-fourths of one per cent. per annum. Act of 1889 amended. To be read. Tax rate. 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, 1920.

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CORNELIA SCHOOL TAX. No. 684. An Act to amend an Act incorporating the Town of Cornelia, in Habersham County, approved October 22nd, 1887, and subsequent Acts amendatory thereto, to confer additional power on the corporate authorities, the Mayor and Council of the City of Cornelia, authorizing them to levy an additional tax for school purposes, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, That Section 6 of an Act to amend an Act entitled an Act to incorporate the Town of Cornelia, in the County of Habersham, approved August 16th, 1912, be and the same is hereby amended by striking from the eleventh (11th) paragraph and fifty-seventh (57th) line of said section the words fifty cents and adding in lieu thereof the words seventy-five cents, so that said paragraph in said section when amended will read as follows: Act of 1912 amended. To be read. No child shall within said school district be deprived of the benefits of the public school fund to which it may be entitled. One-half of all the license funds shall be estimated and set apart for educational funds, and if Council should adjudge that the school fund would not be sufficient, the said license fund, together with other funds for said school, then the Mayor and Council shall levy an ad valorem tax not to exceed seventy-five cents on one hundred dollars, to be collected as other ad valorem taxes are collected, and apply the same to the funds for public schools. School tax rate. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby 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, 1920.

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CRAWFORD WATER WORKS, SEWERAGE, LIGHTS. No. 640. An Act to amend an Act incorporating the City of Crawford, in the County of Oglethorpe, State of Georgia, approved July 26th, 1910, so as to authorize and empower the Mayor and Council of the said city to construct, purchase or otherwise acquire a system of water works, a system of sewerage, and a system of electric lights for the use and benefit of said city; to provide for the acquisition of property, both real and personal, inside and outside of the corporate limits of the said city, that may be necessary for said purposes, by purchase, gift, condemnation or otherwise, to authorize the issuance of bonds for said purpose or purposes when the same shall have been voted on by the qualified voters of said city; to provide the method of their issue and for taxation for their repayment; to provide for the assessment of one-third of the cost of such sewerage system against abutting property owners; to provide for the collection of such assessment; to establish the lien therefor; to provide a manner of contesting the amount or validity of any assessment so made, 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 above referred to Act be and the same is hereby amended by adding thereto the following sections and conferring upon the Mayor and Council of the said City of Crawford the following additional powers, as hereinafter more fully set out. Act of 1910 amended. Sec. 2. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Crawford shall have full power and authority to construct, equip, maintain a system of electric lights, and a system of water works, and a system of sewerage for said town, and to that end shall have full power and authority

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to acquire by purchase, gift condemnation proceedings all necessary lands, easements, water supplies and franchises. Electric lights and water-works. Sec. 3. Be it further enacted by the authority aforesaid, That in the event the City of Crawford cannot procure by purchase the necessary lands, rights of ways for waterways for the construction of the system of electric lights, waterworks and sewerage, or either of them, then the Mayor and Council of said City of Crawford shall have the right to exercise the power of eminent domain and to condemn such lands, easements, rights of way of waterways and franchises in manner and form as provided in Civil Code of 1910 of the State of Georgia, and the amendments thereto. Eminent domain. Sec. 4. Be it further enacted by the authority aforesaid, That said Mayor and Council of the City of Crawford shall have full power and authority to acquire by gift, purchase, or condemnation in the manner aforesaid, all lands, easements and franchises necessary for water basin and water shed from which the public supply may be obtained. Authority to acquire properties. Sec. 5. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Crawford shall have the right of laying the necessary mains, pipes, conduits and drains for water works and sewerage purposes, and the right to erect posts, poles and wires for the purpose of conveying electricity and lighting said town. Right to construct. Sec. 6. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Crawford are hereby authorized and empowered to order and have held elections by the qualified voters of said city at such time as said Mayor and Council may designate, to determine whether or not bonds shall be issued by the said City of Crawford, in a sum not to exceed the Constitutional limitations, to be sold for the purpose of establishing, constructing, equipping and maintaining an electric

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or other lighting [Illegible Text] a system of water works, and a system of sewerage, for said City of Crawford. Said election shall be held in accordance with Sections 440-443, inclusive, of the Code of Georgia of 1910, and at said election, the ballots used shall be For bonds for lights, and Against bonds for lights, For bonds for water works, and Against bonds for water works, and For bonds for sewerage, and Against bonds for sewerage. Elections for bond issues. Ballots. Said Mayor and Council shall have the power and authority to order an election for either lights, water works, or sewerage bonds, or for either two or all of said purposes. Said Mayor and Council shall be required to advertise said election in a newspaper published in Oglethorpe County for a term of thirty days prior to said election, which notice shall specify in detail the amount of bonds to be voted on and the purpose of same. Notice. Sec. 7. Be it further enacted by the authority aforesaid, That if said election herein provided for be in favor of bonds for all of said purposes, or for either of said purposes, then the Mayor and Council of the City of Crawford shall be and they are hereby authorized to issue the amount of bonds in the City of Crawford, so voted on, in a sum equal to the amount fixed by the Mayor and Council for such purpose or purposes, which total sum shall not exceed the limit provided for in the Constitution of this State. Said bonds shall be designated lighting, water works and sewerage bonds for the City of Crawford, as should result from the election so held and carried. Said bonds shall be issued in such denominations as may be fixed by the Mayor and Council of the City of Crawford for a term not to exceed thirty (30) years; the rate of interest and terms of payment of said bonds shall be fixed by the Mayor and Council of said city in such a way as in their discretion may seem most advantageous for said city. Provided, that no bonds of any character shall be issued for any

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purpose whatever until each separate item for which bonds are sought to be issued shall have been submitted to the qualified voters of said City of Crawford at an election held for that purpose and in conformity with the general laws of the State of Georgia. Issue of bonds; sundry limitations. Sec. 8. Be it further enacted by the authority aforesaid, That for the purpose of constructing and maintaining a sewerage system for said City of Crawford, the Mayor and Council of said city shall have the right to pass all rules and ordinances to accomplish the same; and shall have authority to assess not more than two-thirds of the total cost of such sewerage system against the abutting property owners, whether such property owner be an individual or a corporation, and whether resident or non-resident, under such plan as shall be deemed equitable by the Mayor and Council of said city in their discretion, and they shall have power to pass all ordinances to make this power effective. That the assessment against each abutting owner under the provisions of this Act shall be pro rata, and shall be determined by the amount of frontage which any such owner may have on any road, street or sidewalk in said city making the assessment. The City Council shall have full power and authority to enforce the collection for the amount of the assessment as aforesaid by execution issued by the city clerk against the owner of said realty at the time of the passage of the ordinance making the assessment, which execution may be levied by the marshal of the City of Crawford, or his deputy, on such real estate and after advertising and other proceedings as in case of tax sales; the same shall be sold to the highest bidder. Such sale shall vest absolute title in the purchaser. When the execution shall have been levied as aforesaid, 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 was issued, stating the amount which he admits to be due, which amount so admitted, together with the accrued costs, shall be paid

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before the affidavit will be received, and like affidavits of illegality, shall be returned to the Superior Court of Oglethorpe County and there tried and the issue determined as in cases of illegality subject to the penalties when affidavit is filed for delay only. The lien for assessments on abutting property as herein provided, shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the date of the passage of the ordinance making the assessment. Sewerage system. Assessments. Pro rata. Executions. Levy and sale. Affidavit of illegality. Lien. Sec. 9. Be it further enacted by the authority aforesaid, That the assessment against each abutting land owner under the provisions of this amendment shall be pro rata, and shall be determined by the amount of frontage upon any street where such sewer shall be laid, and in consideration of the payment of said assessment, the abutting land owners shall have the right to connect their drains from said abutting property for the discharge of sewage in said sewer. Assessments Pro rata. Sec. 10. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have the full power and authority to make all rules, regulations and ordinances, relative to said electric lights, water works and sewerage, and the use of the same, or either of them, by the citizens of said city, not in conflict with the laws of this State and when deemed advisable by said Mayor and Council may fix rules and regulations for the furnishing of water and lights and sewerage, or either of them to persons residing beyond the corporate limits of said city. The Mayor and Council are hereby empowered and authorized to charge the citizens of said city and other persons such sums as they, the Mayor and Council of said city, may deem just and proper for the use of said lights, water works and sewerage, or either of them. Rules and regulations. Rates. Sec. 11. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Crawford shall be and they are hereby authorized and empowered

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to annually levy, assess and collect a tax on all of the property, both real and personal, corporate and franchise, in the corporate limits of said city, in such sums as may be right, proper and necessary in their discretion for the specific purpose of paying the interest on said bonds and also to create a sinking fund sufficient to redeem and pay off such bonds at the maturity thereof, and the tax assessed, levied and collected shall be kept separate and distinct from all other taxes and moneys of said City of Crawford, and shall be used solely for the payment of the interest of said bonds as it may accrue, and for the creation and accumulation of a sinking fund for the payment of the principal of the same. Tax for bond interest and sinking-fund. Sec. 12. Be it further enacted by the authority aforesaid, That if at the elections herein provided for shall be against the issue of bonds upon any one or all of the issues submitted, that the Mayor and Council of said City of Crawford shall at any time after the expiration of one year from the date of said first election, order another election under the provisions of this amendment, for either one or all of said purposes. Further elections. 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 7, 1920. CUSSETA, NEW CHARTER FOR. No. 656. An Act to amend, revise, consolidate and supersede the several Acts incorporating the Town of Cusseta, in Chattahoochee County, State of Georgia; to reincorporate said town or corporation; to create a new charter and municipal government for said town; to declare and consolidate the rights and powers of said

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corporation; to prescribe the limits of said corporation; to provide for a Mayor and Council, and other officials and employees of said town, and to prescribe their qualifications, manner of election, terms of office, powers, rights, privileges and duties; to confer on said Mayor and Council certain duties, powers and privileges; to provide for all elections necessary for the purpose herein; to locate voting places, prescribe the method of holding elections, and designate the qualifications of voters; to declare and define the police powers of said town; to regulate the public officers and other officers of said town, and fix the salaries of all officers of said town; to provide for the government of said town, and for all matters of municipal concern and cognizance; to provide that all valid contracts or indebtedness heretofore entered into and incurred by the corporate authorities of the former Town of Cusseta, or by the Mayor and Council for the Town of Cusseta, for principal and interest due or unpaid on outstanding bonds, or other contracts or indebtedness, shall be good and valid for and against the Town of Cusseta, created by this Act, and to vest in said Town of Cusseta, created by this Act, the authority and title over and to all monies and property held and owned by the former Town of Cusseta or the Mayor and Council for the Town of Cusseta; to provide for public improvement of said Town of Cusseta; to provide for the laying out and opening of streets, sidewalks, alleys, lanes, parks and other public grounds, and for the maintenance of the same; to authorize the condemnation of private property, according to law, for the purpose of such streets, side-walks, alleys, lanes, or other public purposes, to provide for the issuing of bonds for public improvements, especially for school purposes, according to the laws of this State, and to provide for the payment of any and all bonds of said corporation, and for the levy of taxes for that purpose; to provide for the assessment and collection of taxes for several

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purposes upon all kinds of property and business therein; to provide for the establishment and maintenance of a public school system in said town; to provide for erecting and maintaining artesian wells in said town; to provide for establishing and maintaining a system of lights for lighting the streets and public places and buildings in said town; to authorize the manner of granting franchises, easements, etc., to individuals and corporations; to provide for the establishment, maintenance and care of cemeteries of said town, to provide for the promotion of health of citizens of said town; to provide a Mayor's Court; to provide a chain-gang for said town; to provide for the manner of arrest, trial and punishment of violators of the ordinances of said town; to provide the manner of assessing the value of property subject to be taxed by said corporation; to provide the manner of enforcing the collection of taxes of all kinds, including street taxes; to provide for the enactment and enforcement of all necessary ordinances pertaining to said corporation; to provide for the retention of the present officers of said Town of Cusseta until the election and qualification of officers or said municipality under this charter; to provide that all the ordinances, by-laws, rules and regulations of the corporation of the former Town of Cusseta, or the Mayor and Council for the Town of Cusseta, not in conflict with this Act, shall remain valid and enforceable as ordinances, by-laws, rules and regulations of the Town of Cusseta, created by this Act, until the same are repealed or amended; and, generally, to provide for all other matters and purposes of municipal concern, needs and requirements incidental to the government of said Town of Cusseta. Section 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

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this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Cusseta, heretofore incorporated under the laws of Georgia, and the inhabitants of the territory embraced in the corporate limits of the Town of Cusseta, as hereinafter described, located in the County of Chattahoochee, State of Georgia, be and they are hereby incorporated under the name and style of the Town of Cusseta, and by that name shall be and are hereby vested with all the rights, powers and privileges incidental to municipal corporations in this State, and all rights, powers, privileges, titles, property, easements and hereditaments heretofore belonging to the Town of Cusseta, or the Mayor and Council for the Town of Cusseta, are hereby vested in the Town of Cusseta, created by this Act. And the said Town of Cusseta by and in that name may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact through and by the Mayor and Council of said Town of Cusseta such ordinances, rules, regulations and resolutions for the welfare and proper government of said town and for the transaction of the business of said town as to such Mayor and Council of said Town of Cusseta may seem good and proper, consistent with the Constitution and laws of the State of Georgia and of the United States. And the said Town of Cusseta is hereby authorized and empowered, by law, to purchase, hold, rent, lease, acquire, receive by gift or donation or otherwise, and to sell, exchange, enjoy, possess and retain temporarily or perpetually, for any period of time, any property, real or personal, any estate, lands or tenements and hereditaments of any kind whatsoever, either within or without the corporate limits of said Town of Cusseta, for corporate purposes. Corporate name. General powers. Sec. 2. Be it further enacted, That the Town of Cusseta, created by this Act, is hereby made responsible as a body corporate for all legal undertakings, liabilities and debts of the former Town of Cusseta, or of the Mayor

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and Council for the Town of Cusseta, whether for principal and interest due on outstanding bonds or other contracts or indebtedness. Responsibility. Sec. 3. Be it further enacted, That the corporate limits of said Town of Cusseta, created by this Act, shall extend one-fourth of a mile north from the court house of said County of Chattahoochee; seven-eights of a mile east from said court house; five-eighths of a mile south from said court house; and seven-eighths of a mile west from said court house. Territorial limits. Sec. 4. Be it further enacted, That the municipal government of said Town of Cusseta, created by this Act, shall be vested in a Mayor and four Councilmen, who shall compose the Town Council, whose qualifications and manner of election are hereinafter prescribed. Town council. Sec. 5. Be it further enacted, That any male person, resident of said Town of Cusseta, who shall be twenty-one years of age and a qualified voter of said municipality, who shall have been a resident of the State of Georgia for a period of twelve months and of the Town of Cusseta for six months, and who shall have paid all State, county and municipal taxes that he has had an opportunity of paying, shall be eligible to the office of Mayor or Councilman of said Town of Cusseta, created by this Act; such residence referring to the period immediately preceding the appointment or election of such person to either of the offices named. Eligibility as mayor. Sec. 6. Be it further enacted, That on the first Saturday in December, 1920, and annually thereafter on the same day, an election shall be held in said town, in the manner and place hereinafter provided, for the purpose of electing a Mayor and Council for said Town of Cusseta, whose term of office shall be one year, or until their successors are elected and qualified, and whose terms of office shall begin on the date and at the time of the next regular meeting of said Town Council after said election. In the event no election is held at the

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regular time, as provided by this Act, a special election may be called by the Mayor and Council to be held on some other day, first giving ten days' notice of such election by posting notice thereof at the door of the court house of said County of Chattahoochee, and at the post-office, in said Town of Cusseta. Elections and terms of office. Sec. 7. Be it further enacted, That all elections held under the provisions of this charter, whether regular or special, and whether for the election of officers or for the submission to the voters of said town the question of issuing bonds of said Town of Cusseta, or for any of the purposes for which an election may be held in and for said town, shall be superintended, managed and conducted as are elections for members of the General Assembly of this State, by some judicial officer (an Ordinary or Justice of the Peace) and two free holders, or by three free holders, who are bona fide residents and qualified voters of said town, and who shall be appointed by the Mayor, or by the Mayor and Council, for that purpose, and in the event no appointment is made, any three citizens having the prescribed qualifications may act. Each of said managers, before entering upon his duties, shall take and subscribe before some officer authorized by law to administer oaths, or before one of their number, the same oath as is prescribed by law, for superintendents and managers conducting elections for members of the General Assembly of this State. Management of elections. Oath of managers. Sec. 8. Be it further enacted, That all elections held in and for said town shall be held at the county court house in said town, and that the polls in all such elections shall be open from the hour of ten o'clock A. M. till three o'clock P. M., when they shall be closed, and the managers of said election shall immediately proceed to count the ballots and consolidate the returns of said election and certify the same; they shall keep two lists of voters and two tally sheets, referring to said election, and shall make certificates of the result of said election on each of said tally sheets, and shall place one of the

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said lists of voters and one of said tally sheets, together with the ballots cast in said election, in an envelope, box or other package and carefully seal the same, write their names across the said seal, and deposit the same with the Clerk of the Superior Court of said County of Chattahoochee; the other list of voters and tally sheets shall be likewise sealed, the names of the election managers written across the said seal, and promptly filed by the said Managers with the clerk of the said Town Council for delivery to and inspection by said Town Council, who shall at the next regular meeting of said Town Council after the said election is so held, declare the result of the said election. One of said tally sheets and the consolidated returns of said election managers, referring to said election, together with the declaration of the said Town Council as to the result of the said election shall be kept on file in the office of the clerk of the said Town Council and duly recorded by said clerk on the book of minutes of the Town Council aforesaid. The person who shall receive the highest number of votes for Mayor shall be declared duly elected, and the four persons receiving the highest number of votes for Councilmen shall be declared duly elected. Provided, however, that in any and all elections held by virtue hereof for a Mayor and Councilmen for the said Town of Cusseta, all persons voting in said election shall be required to vote for one person only for Mayor and shall be required to vote for at least four persons for Councilmen, and for not more than four persons for Councilmen, otherwise, the ballot of such voter shall not be counted by the election managers, but shall be thrown out. The Clerk of the Superior Court and the clerk of the Town Council, as aforesaid, after the expiration of sixty days from the time of said election, shall destroy said ballots and list of voters, without themselves inspecting or allowing any other person to inspect the same, provided no notice of contest be filed or pending. If any person shall desire to contest any election held under and by virtue of this charter, or any amendments hereto, said contest shall be held

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under the general laws of this State governing municipal contests of elections. Election place; regulations. Contest. Sec. 9. Be it further enacted, That all persons who shall have paid all taxes legally imposed and demanded by the authorities of said Town of Cusseta, except taxes for the year in which election is held, who have been bona fide residents of said town for sixty days previous to the time when the election is held, who have registered as qualified voters of the said town as hereinafter provided for, and who are qualified to vote for members of the General Assembly of Georgia, except registration in the registration books kept by the county tax collector or registrar shall not be considered a necessary qualification, shall be considered electors, and be entitled to vote in the elections held in and for said Town of Cusseta and no other shall be qualified to vote. Voters qualified. Sec. 10. Be it further enacted, That the clerk and treasurer of said town, or such other person as may be designated by the said Town Council, shall open a list or book for the registration of voters, ample notice of which shall be given by publication in the newspaper in which the advertisements emanating from the office of the Sheriff for the said County of Chattahoochee are published, or by posting at three or more public places in said Town of Cusseta, for at least fifteen days prior to any election, which list or book shall be finally and absolutely closed for registration five days before the election, after which time no person shall be allowed to register. Each and every person applying to be registered shall make oath before the registrars in whose possession is the list or book of registration, who is hereby authorized to administer said oath, which shall be written or printed on said list or book of registration, as follows: I do swear that I am twenty-one years old, or will be by the time of the next election to be held in the Town of Cusseta, in Chattahoochee County, Georgia; and that by the next municipal election in said Town of Cusseta, I will have resided in the State of Georgia

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twelve months, and in the County of Chattahoochee for six months, and in the Town of Cusseta for sixty days; and that I have paid all taxes, State, county and municipal, required of me, except for the present year, and that I am not otherwise disqualified to vote in said election. Registration of voters. Oath of voter. Sec. 11. Be it further enacted, That any person who may register on the list or book or registration kept by the registrar, as aforesaid, who is not entitled to register under the laws of said Town of Cusseta, or any person who may vote in any election in said town who is not legally entitled to vote under the laws of said town, shall be guilty of a misdemeanor and shall be punished as prescribed in Section 1065 of the Code of Georgia, of 1910, upon conviction after indictment or presentment by the grand jury of Chattahoochee County, Georgia. Penalty for illegal registration or voting. Sec. 12. Be it further enacted, That before entering upon the discharge of their duties, the persons elected as Mayor and Councilmen, and each of them, shall take and subscribe before some officer of said State and county authorized by law to administer oaths, the oath, as follows: I do solemnly swear that I will well and truly perform the duties of Mayor (or Councilman, as the case may be) of the Town of Cusseta, to the best of my skill and ability, and as seem to me for the best interest and welfare of said town without fear, favor or affection, so help me God. Oath of office. Sec. 13. Be it further enacted, That the Mayor and Councilmen of the former Town of Cusseta, to-wit: T. B. Miller, Mayor, and W. A. Gayler, C. C. Howell, R. W. Stephens and , Councilmen, be and they are hereby declared and made the lawful Mayor and Councilmen of the said Town of Cusseta, created by this Act, and the said Mayor and Councilmen shall continue in office until their successors are elected, qualified and installed, as hereinbefore provided, and they and their

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successors and associates shall have and exercise all the rights, powers and duties conferred by law upon the Mayor and Council of said Town of Cusseta, created by this Act. Mayor and councilmen designated. Sec. 14. Be it further enacted, That at any regular or special meeting of the Mayor and Council, after their election and qualification, said Mayor and Council shall elect some person to be known as clerk and treasurer of said Town of Cusseta, who shall be and act as the clerk of the Council and ex-officio clerk of the Mayor's Court of said town. Likewise, at any regular or special meeting of the Mayor and Council, after their election and qualification, said Mayor and Council shall elect some person to be known as tax collector and marshal of said Town of Cusseta. Likewise, at any regular or special meeting of the Mayor and Council, after their election and qualification, are authorized and empowered, in their discretion, to elect some person duly licensed to practice law in the Courts of this State as attorney at law for said Town of Cusseta, whose term of office shall continue until, and expire at, the first regular meeting of the Mayor and Council after the regular election for Mayor and Councilmen of said Town of Cusseta in December as hereinbefore prescribed; and the duties of said attorney shall be such as are required by the laws and ordinances of the Town of Cusseta and by the direction of the Mayor and Council of said town or corporation. The said attorney shall be paid a salary in a sum to be agreed upon by and between said attorney and the Mayor and Council for the Town of Cusseta, payable monthly, as a retainer only; said attorney shall be the legal representative of the Town of Cusseta and the legal adviser thereof. He shall represent the said municipality in all matters in which said municipality is interested or involved, and shall be paid for all legal services rendered for said municipality such compensation and fees as may be reasonable and just and as may be agreed upon between the said attorney and the Mayor

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and Council. Whenever, in the judgment of the Mayor and Council, it shall be advisable to employ additional counsel to assist the said attorney for said town, authority to do so is hereby conferred upon the Mayor and Council. Likewise, at any regular or special meeting of the Mayor and Council, after their election and qualification, the said Mayor and Council are hereby authorized and empowered in their discretion, to elect some person to be known as town sexton, who shall have the superintendence and care of the cemeteries located in said Town of Cusseta, his duties shall be such as shall be prescribed by the Mayor and Council, and by the laws and ordinances of said town, and shall receive such compensation as may be prescribed by the ordinances of said town and by the Mayor and Council. Likewise, at any regular or special meeting of the Mayor and Council, after their election and qualification, are authorized and empowered, in their discretion, to elect a city physician, whose duties shall be such as may be prescribed by the ordinances of said town, and by direction of the Mayor and Council, and whose compensation shall be fixed by the laws and ordinances of said town, and by the Mayor and Council. Clerk and treasurer. Tax collector and marshal. Attorney; his term salary, duties, etc. Additional counsel. Sexton. Physician. Sec. 15. Be it further enacted, That the clerk and treasurer of said Town of Cusseta, and likewise the tax collector and marshal of said Town of Cusseta, before entering upon the duties of their office, shall be required to make and give a suitable bond, payable to said Town of Cusseta, with two or more sufficient securities, for the proper discharge of his or their duties, in a sum not less than one thousand dollars and for such additional sum or amount over and above one thousand dollars as may be prescribed and required by the Mayor and Council; and, provided, that all such said bonds shall be approved by the Mayor and Council before and at the time they are accepted, and shall be recorded by the clerk of the Council upon the minutes to be kept by such clerk, and all original bonds shall be kept of file with the other

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papers of the office of such clerk. And said officers, the clerk and treasurer and tax collector and marshal, shall each take an oath before entering upon the duties of their office for the faithful performance of their duties, said oaths to be administered by some judicial officer of this State and County of Chattahoochee, authorized by law to administer oaths, or by the Mayor or some member of the Council of said town, and each of said officers shall be held amenable to said Town of Cusseta for any failure, neglect or malpractice in office and be subject to be fined in a sum not exceeding twenty-five dollars, and liable to be discharged by said Mayor and Councilmen from office. Officers' bonds. Oath of office. Neglect, etc. Sec. 16. Be it further enacted, That all the officers and employees of said Town of Cusseta mentioned and designated herein shall hold their offices and employments at the pleasure of the Mayor and Council, and may be suspended or dismissed at the discretion of the Mayor and Council. Tenure and removal. Sec. 17. Be it further enacted, That it shall be the special duty of the clerk and treasurer to make a just and true account of all monies and funds coming into his hands from all sources as an officer of said town; he shall be the clerical officer of the Town Council and shall be the keeper of the seal of said town; he shall be ex-officio clerk of the Mayor's Court of said town and attend its sessions; he shall be ex-officio tax receiver of said town; and he shall be ex-officio clerk or secretary of any other board of said town created under the provision of this Act, or that may be created and established under the laws and ordinances of the Town of Cusseta. The duties of the said clerk and treasurer of the Council, as ex-officio clerk of the Mayor's Court, as ex-officio tax receiver, and as ex-officio clerk or secretary of any board or commission of said town, shall be such as prescribed in this Act and as shall be prescribed under and by the laws and ordinances of said town and by the Mayor and Council; it shall be the duty of the clerk and

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treasurer to keep separate accounts of all monies and funds of the said town coming into his hands from all sources as an officer of said town, as may be provided or required under and by the laws and ordinances of said town; and he shall only pay out said funds in the way and manner as may be prescribed and provided for by and under the laws and ordinances of said town; the clerk and treasurer shall also be ex-officio tax receiver of the Town of Cusseta, and as such shall receive the returns of property for taxation in said town at such times and under such rules and regulations, laws and ordinances as the Town Council shall prescribe and enact, and to perform any and all further duties as clerk and treasurer and as town tax receiver as the Mayor and Council shall by ordinance prescribe; said clerk and treasurer shall be required to keep a book or books in which he shall make an entry of all sums of money received, from whom and upon what account it was received, and shall make an entry of all sums of money paid out and for what purpose, and shall take receipt for same; which book or books and receipts shall be subject to the inspection of the Mayor and Council and all other interested persons, and all sums paid to said clerk and treasurer, as taxes, fines, etc., shall be for the exclusive use and benefit of said town; that after receiving the tax returns, the clerk and treasurer shall turn the same over to the tax collector and marshal of said town for collection. The compensation of said clerk and treasurer shall be fixed by the laws and ordinances of said town and by the Mayor and Council, but shall be payable monthly, and shall not be less than fifty dollars per annum. Duties of clerk and treasurer. Compensation. Sec. 17. Be it further enacted, That it shall be the special duty of the tax collector and marshal of said Town of Cusseta to do and perform general police duty within the corporate limits of said Town of Cusseta, to preserve the peace in said town, to act as arresting officer in said town, and to apprehend and arrest any and

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all persons or offenders violating, or charged and accused with violating, any of the ordinances, rules, resolutions and regulations adopted and passed by the Mayor and Council of said town, to superintend and oversee the working of the streets and roadways of said town, and, generally, to execute warrants, summonses, executions, etc., issued by the authority of the Mayor and Council, for which such officer shall receive or be allowed such fees as are allowed constables of said County of Chattahoochee for similar services, to be collected from the defendant or defendants; to collect the taxes due the said Town of Cusseta and turn the same, together with any and all monies he may collect as an officer of said town, over into the hands of the clerk and treasurer of said town, taking the receipt of the latter officer therefor. The fees and costs collected shall be extra from compensation allowed as tax collector and marshal of said town, but nothing herein contained shall be construed to mean that said officer shall be entitled to any commission or other special compensation for his services in collecting the taxes due the said town, whether general or ad valorem, or special or business or license taxes, or street taxes, and turning the same into the hands of the clerk and treasurer as aforesaid. The compensation of the tax collector and marshal shall be fixed by the laws and ordinances of said town and by the Mayor and Council, but shall be payable monthly, and shall not be less than fifty dollars per annum, and said officer shall perform such other duties as may be prescribed and required of him by the Mayor and Council. Duties of tax-collector and marshal. Compensation. Sec. 18. Be it further enacted, That the Mayor (or Mayor pro tem, who shall be elected by the Council from their number) and two members of Council shall constitute a quorum for the transaction of any business before the Council, but it shall require that as many as three votes be cast in favor of or against any question, law, ordinance, rule, resolution or regulation to determine the same, or to determine or decide any election before the Council,

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the Mayor, or Mayor pro tem, if the latter be presiding, not being entitled to vote except in case of a tie, provided, however, that the Mayor, or Mayor pro tem, if the latter be presiding, shall be entitled to vote in case of all elections of officers and employees of said Town of Cusseta; and shall be entitled to vote on all questions, laws, ordinances, rules, resolutions and regulations, submitted to the Town Council, when only two of the Councilmen of said Town of Cusseta are present and participating in the meeting of the Town Council. Said Mayor and Council shall hold their meetings within the corporate limits of said Town of Cusseta at such time and place as they may deem proper. They shall fix a time and place for the regular meetings of the Mayor and Council, but at any special or called meeting of the body, whether at the regular fixed and prescribed place and time or otherwise, the Mayor and Council shall have just and ample power as at any regular meeting, and may do and perform any of the things, duties and powers that they could do and perform at any regular meetings. Quorum of council; votes. Meetings; place and time. Sec. 19. Be it further enacted, That during the sickness, absence or disqualification of the Mayor, the Mayor pro tem shall be clothed with all the rights, privileges and powers of the Mayor, and perform the duties of Mayor. In the case of death, removal or resignation of the Mayor, or in any other event making the office of the Mayor vacant, the Mayor pro tem shall immediately become Mayor; but should such Mayor pro tem refuse to act as Mayor, or should be disqualified or unable to assume the duties of Mayor, the Council shall elect some other citizen of said town, who is qualified by law, to fill the office of Mayor, and the person thus assuming the duties of Mayor of said Town of Cusseta shall serve as such until the end of the regular term for which his predecessor was elected; and, if at any time the office of Councilman shall become vacant by death, removal, resignation, or otherwise, the remaining members of the

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Council shall elect some citizen of said town, who is qualified by law, to fill said vacancy, and the person thus assuming the duties of Councilman of said town shall serve in such capacity until the next regular election and qualification of members of Council. Mayor pro tem. Vacancy in office of Mayor. Sec. 20. Be it further enacted, That the Councilmen of said town shall serve without compensation therefor, but, provided, that each of said Councilmen and the Mayor of said town shall be relieved from working on the streets of said town and shall not be required to pay any street tax to said town during their respective terms of office. No pay to councilmen. Sec. 21. Be it further enacted, That the Mayor shall receive a salary to be fixed by the Town Council, said salary not to exceed two hundred and fifty dollars per annum, payable monthly. The Mayor shall be the chief executive officer of said town, and see that the ordinances, by-laws, rules and orders of the Town Council are faithfully executed. He shall have control of the marshal and police force of said town and may appoint special officers, to be known as deputy marshals, whenever he may deem it necessary for the protection of persons and property, or either, and for the preservation of peace and good order of said town. He shall preside at all meetings of the Town Council, and shall have the veto power and may veto any ordinance, order or resolution of the Town Council, in which event the same shall not become a law or enforceable unless subsequently passed over his veto by a vote of at least three Councilmen on a yea and nay vote duly recorded in the minutes of said Council; provided, however, the Mayor shall not exercise his power of veto, unless he shall reduce the same to writing and file the same with the clerk of said town within four days after the passage of the measure vetoed. The Mayor shall preside over the Mayor's Court hereinafter provided for, and shall have the power to punish for contempt both before the Town Council and before said Mayor's Court by any fine not

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exceeding twenty-five dollars, or imprisonment in the town prison for not exceeding ten days, either or both, in the discretion of the Mayor. It shall be the duty of the Mayor to preserve the peace, and he shall be ex-officio Justice of the Peace so far as to authorize him to issue and try warrants or cases for criminal offenses against the laws and ordinances of said Town of Cusseta and against the laws of the State of Georgia, committed within the corporate limits or jurisdiction of the Town of Cusseta. All town employees under the jurisdiction of the Mayor and Council shall be directly and immediately subject to the Mayor. The Mayor shall have general supervision of the affairs of said town. He shall have power or authority to convene the Town Council in extra session whenever he deems it proper so to do; and he shall have vested in him all the powers and duties as are vested by general laws in the Mayors of this State. Mayor's salary. Authority and duties. Sec. 22. Be it further enacted, That there shall be a Mayor's Court in said Town of Cusseta for the trial of all offenders against the laws and ordinances of said town, and the said Court shall be held by the Mayor as often as necessary, at the Council chamber or, at the discretion of the Mayor, in the county court house in said town. In the absence or disqualification of the Mayor, the Mayor pro tem shall preside and hold said Court, and in the absence or disqualification of both the Mayor and the Mayor pro tem, any member of the Town Council elected or designated for that purpose by the Council or by the Mayor shall hold said Court. Said Court shall have the power to preserve order and punish for contempt as hereinbefore provided. Said Court is hereby empowered to compel the attendance of witnesses into that end made by rule for contempt, punish witnesses for failure to obey, for failure to obey the mandate and subpoenas of the said Court, and said Court shall be authorized and empowered to punish for the violation of the ordinances and laws of said town

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by imprisonment in the town prison for a period not exceeding thirty days; by compelling the defendant or offender to labor on the streets of said town for a period not longer than thirty days; by a fine not exceeding one hundred dollars and the cost of the Court, which fine may be collected by execution; and said Court shall be authorized and empowered to sentence any person adjudged guilty in said Court for violating any law or ordinance of said town to any one or more of the above-mentioned punishments, in the discretion of the said Court, and to enforce the same. However, either one of the said punishments or sentences may be imposed as an alternative punishment or sentence to some other mode imposed. The clerk and treasurer and the tax collector and marshal of said Town of Cusseta are hereby made officers of said Court, and shall be entitled to such fees and costs, to be imposed against, and collected from, the losing party as are prescribed under the laws of this State for Justices of the Peace and constables; said clerk and treasurer of said town to be entitled to the same such said fees and costs as are allowed said Justices of the Peace, and said tax collector and marshal of said Town of Cusseta to be entitled to the same such said fees and costs as are allowed said constables, provided, however, that if said officers shall fail to collect said cost from the defendant, such fees and cost are not to be collected or paid out of the town treasury. Mayor's court. Powers. Court officers. Fees and costs. Sec. 23. Said Court shall be conducted in like manner to the Superior or City Courts of this State, so far as practicable, as to rules of evidence, motions, continuances, and other matters pertaining to Courts for the trial of offenders against the criminal law. When any person or persons are brought before said Mayor's Court charged with a violation of any of the ordinances, regulations or rules of said town, and the hearing thereof, for good cause shown by either side, shall be continued to some other time as the Court may name, the accused shall be required to give bond and security for his

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appearance at the time appointed for trial or be imprisoned to await trial. If such appearance bond be given and the accused fail to appear at the time fixed for trial, the bond may be forfeited by the Court, and upon calling in open Court for the securities to produce their principal, which not being done, the bond shall be summarily forfeited and execution issued thereon and levied as any other execution from any of the Courts of this State. The clerk of said Mayor's Court shall keep a record of all business transacted by said Court, shall issue all executions authorized to be issued by said Court, which executions shall bear test in the name of the presiding officer before whom the bond was forfeited. The duties of the clerk of said Court shall be similar, so far as practicable, to the duties of the Clerk of the Superior or City Courts of this State, and the duties of the marshal of said Court shall be similar, so far as practicable, to the duties of the sheriff of the Superior or City Courts of this State. Court procedure. Appearance bonds. Records and executions. Duties of officers. Sec. 24. Be it further enacted, That all offenders against the laws and ordinances of said Town of Cusseta shall be tried in the Mayor's Court of said town without written pleading of any kind, unless the defendant shall, upon the calling of the case, file a written demand with the clerk of said Court that an accusation, in writing, shall be preferred against him, in which event a written or printed accusation against the accused, in manner and form, substantially as follows: Town of Cusseta, Chattahoochee County, Georgia. I,....., marshal (deputy marshal or citizen, as the case may be), in the name and behalf of the said Town of Cusseta, charge and accuse..... with the offense of (stating the offense charged), contrary to the laws and ordinances of said town, the good order, peace and dignity thereof, committed by the said..... within the corporate limits of said town, on the..... day of....., 19..... This..... day of....., 19..... This accusation shall be signed by the officer or citizen making the same in the presence of the Mayor

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or acting Mayor, who shall attest the same, and file the same in said Court; whereupon the defendant shall enter his plea thereon in writing, and the issue being thus formed, the case shall proceed to trial and disposition. Accusation. Plea. Sec. 25. Be it further enacted, That the said Mayor's Court and presiding officer thereof shall have the power to punish for contempt against its lawful authority whether in the presence or otherwise, to issue, summons and subpoenas for witnesses and compel their attendance whether residents of the Town of Cusseta or not; to issue subpoenas duces tecum for witnesses and the production of books, papers, and all writings, whether in the said town or not, and compel their production; to compel the presence of witnesses by imprisonment, if necessary, and to take bonds to secure their attendance, and to forfeit said bonds before said Mayor's Court, to punish, as for contempt, failure to obey its legal summonses and orders; to grant continuances under rules of law; to take bonds and recognizances for persons charged with offenses against the laws and ordinances of said town for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; to forfeit all appearance bonds when the principal shall fail or refuse to appear at said Court at the time and place specified therein, in the way and manner hereinbefore set forth, and the said Mayor's Court shall have the power and authority to do, generally, all other acts and things necessary for the proper enforcement of its authority. Said Court shall have the power and authority to punish for contempt by any fine not exceeding twenty-five dollars, or by imprisonment in the town jail or guard house not exceeding ten days, either or both, in the discretion of the presiding officer of said Court; provided, that a continuous failure or refusal by any person to obey the lawful orders or summons of said Court, such continuance, failure or refusal shall be

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deemed a continuous contempt, and the said Court may imprison such person until its lawful orders are obeyed. Contempts. Powers of court. Sec. 26. Be it further enacted, That the marshal or other arresting officer of said town shall release any person arrested, charged with a violation of any of the laws or ordinances of said town, upon said person giving a bond with good and sufficient security, to be approved by the marshal or other arresting officer making the arrest, or to be approved by the Mayor of said town, payable to the Mayor of said Town of Cusseta, and successors in office, in an amount fixed and prescribed by the marshal or other arresting officer making the arrest, or in an amount fixed and prescribed by the Mayor of said town, for the personal appearance of such persons before the Mayor's Court of said town at the time and place therein specified, to answer the charges against him, and from time to time until the principal in such bond is tried and the case disposed of, and not to depart from thence except by leave of the Court. And in the event such principal fails to appear before said Court, and the presiding officer thereof shall have the power and authority to order the principal in said bond re-arrested and confined in the town jail or guard house until such case shall be finally tried and disposed of, or to admit the defendant to bail, as said presiding officer may deem proper. Bond on release from arrest. Sec. 27. Be it further enacted, That any person convicted in the Mayor's Court of the Town of Cusseta for the violation of any of its laws and ordinances of said town shall have the right to enter an appeal from the judgment and sentence of said Mayor's Court to the Town Council of said town; provided, the same is done within four days after conviction and sentence passed in said Mayor's Court, provided such defendant person, so convicted and sentenced, shall pay all the accrued costs in said case and shall give a good and sufficient bond, to be approved by the presiding officer in said Mayor's Court, who tried said case, or to be approved by

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the marshal of said Town of Cusseta, conditioned to pay the eventual condemnation money and to abide the final judgment in said case; on the trial of any such appeal case, the Town Council shall have the right to review the same and pass on the same as a de nuio investigation, and find such judgment as they deem proper without regard for the judgment and sentence of said Mayor's Court; and, provided, further, that any person convicted and sentenced before said Town Council, on appeal as aforesaid for the violation of any of the laws and ordinances of said Town of Cusseta shall have the right to certiorari his case to the Superior Court of Chattahoochee County, Georgia, provided, all costs in the case are first paid to the town clerk, who shall upon payment thereof certify in writing that the same has been paid and bond and security given in double the amount of the fine imposed to personally appear, stand to and abide by the final judgment in said case, and if no fine should be imposed, and the defendant is sentenced to work on the streets or other public works in said town or to be imprisoned for a period of time in the jail or guard house of said town, or if a fine should be imposed and the defendant is also sentenced to work on the streets or other public works in said town or to be imprisoned in the jail or guardhouse of said town, then a like bond shall be given, the amount of such bond to be fixed by the said Town Council or by the marshal of said town, and the said bond to be approved by either the Mayor or by the marshal of said Town of Cusseta, and provided, further, that said costs shall be paid and good and sufficient bond shall be given, as above stated, and the said certiorari shall be presented to, and sanctioned by, the Judge of the Superior Court of said county within ten days after the trial of said case and judgment rendered by said Town Council. Provided, further that nothing in this section shall prevent the defendant desiring to certiorari his case to file the usual affidavit in forma pauperis in lieu of giving bond and property and the payment of the costs, and upon such affidavit being

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made, or the above stated bond given and costs paid, the same shall act as supersedeas of said judgment until the final judgment is rendered in said case. Appeals. Bond. Certiorari. Bond. Sec. 28. Be it further enacted, That in no case, except as hereinafter provided, shall the marshal or deputy marshal of said Town of Cusseta make any arrest of any person charged with the violation of any of the laws or ordinances of said town without first having procured from the Mayor or Mayor pro tem of said town, or from the clerk of the Town Council, the said Mayor, the Mayor pro tem and said clerk being hereby expressly authorized and empowered to issue warrants for the apprehension and arrest of persons charged with violating any of the laws or ordinances of said towna warrant for the arrest of all such persons, unless the offense or violation is committed in the presence of such arresting officer, or the offender is attempting to escape, in which event said arresting officer or officers may arrest and detain such persons until a proper warrant can be secured authorizing the offenders further detention. The marshal or other arresting officer of said town shall be authorized and empowered to arrest any person within the corporate limits of said Town of Cusseta charged with an offense against the laws and ordinances of said town, and to imprison and confine such persons arrested by them in the town jail or guard house, or in the jail of Chattahoochee County, Georgia, until the trial, or to admit them to bail as provided herein. The marshal and all other duly constituted arresting officers of the said Town of Cusseta are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person with a violation of any of the criminal laws of this State, and said marshal and all other duly constituted arresting officers of said town are also authorized to arrest anywhere within the limits of this State any person charged with a violation of the laws or ordinances of said Town of Cusseta upon a warrant

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from some proper officer of said town authorized to issue the same. Arrests on warrants and otherwise. Authority of arresting officer. Sec. 29. Be it further enacted by the authority aforesaid, That the marshal, and all other arresting officers of said Town of Cusseta, upon information that an offense against the laws or ordinances of said town have been committed, but said violation has not been committed in the presence of such officer, and said officer is satisfied that the person charged with the offense is not likely to leave the said town to escape arrest under warrant, such officer shall give such person a written or printed summons to appear before the Mayor's Court at its next regular session to answer said charge. If such person refuses to obey such summons, he shall be deemed in contempt of said Mayor's Court and subject to be punished accordingly. If said officer, or either of them, have reason to believe that the accused person will leave said town and not obey said summons, said officers shall obtain a warrant from the proper officers of said town for the arrest of said person, and imprison said person with a trial is had before the Mayor's Court, or admit the accused to bail for his appearance before the Mayor's Court at the next regular session to answer the charge against him. It shall also be the duty of the marshal, deputy marshals and of all arresting officers of said Town of Cusseta to arrest any person violating any of the laws of this State in their presence and to immediately carry such persons before a magistrate and see that a proper warrant is sworn out, and it shall be the duty of all such arresting officers of said town, when they know that the laws of this State are being violated in said town, to apply to the warrant magistrate or some magistrate of said County of Chattahoochee for a proper warrant for such person and have the same executed. Summons to appear. Warrant for arrest. Sec. 30. Be it further enacted, That said Mayor and Council of the Town of Cusseta shall have the power and authority, or by ordinance, to authorize the marshal, deputy marshal, and all duly constituted arresting officers

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of said town to summons any and all bystanders or other male residents of said town, who are twenty-one years old, or older, to aid in the arrest of any person or persons violating any law or ordinance of said town or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Aid in arrests. Sec. 31. Be it further enacted, That for any fine imposed by said Mayor's Court the clerk of the Town Council may issue execution against the defendant, to be levied on any of his goods, chattels, lands and tenements or upon failure of the defendant to pay the same the court may sentence such defendant to jail in the town prison or to work on the streets and public works of said town, or both may be done. Enforcement of fine. Sec. 32. Be it further enacted, That the Mayor and Council shall establish a town prison in such way and in such place in said town as they may deem expedient; and to such end are authorized to buy, build, lease, rent or otherwise secure a proper house or compartment for the safe imprisonment of all prisoners of said town. It shall be lawful for said Mayor and Council to use the common jail of Chattahoochee County, Georgia, or any compartment of same, for a town prison and confine the prisoners of said town therein, should said Mayor and Council deem it advisable so to do, provided the authorities of said county will permit same to be done. Prison. Sec. 33. Be it further enacted, That the Mayor, Mayor pro tem, or other qualified officer of said town, presiding and holding the said Mayor's Court of said Town of Cusseta, shall have criminal jurisdiction of a justice of the peace, within the corporate limits of said Town of Cusseta, and when it shall appear upon the trial of any case in the Mayor's Court of said town that an offense against the laws of this State has been committed within the corporate limits of said town, it shall be the duty of the Mayor, Mayor pro tem or other qualified

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officer of said Town of Cusseta, as the case may be, presiding in said Mayor's Court of said town, to make a thorough investigation into the facts, and to commit the offender or offenders to jail or to bail, to answer to the court having jurisdiction of the offense, provided, however, that no bond shall be assessed against the said offender when the offense is such as is not bailable, or when a justice of the peace of this State is without authority to assess a bond. Jurisdiction of mayor's court. Sec. 34. Be it further enacted, That the Mayor and Council of said town may, by ordinance, declare what shall be nuisance in said town, and, by ordinance provide for the abatement of all such nuisances, the Mayor's Court of said Town of Cusseta shall have the concurrent jurisdiction with the Mayor and Council of said town in respect to the trial and abatement of all nuisances in said town. Nuisances. Sec. 35. Be it further enacted, That the Mayor and Council of said town shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, and all other animals and fowls from running at large in said town, to regulate the manner in which hogs, cattle, goats, sheep, horses, mules, and all other animals and all fowls of every kind must be kept within the corporate limits of said town, to limit the number of hogs and other animals that may be kept by persons in said town, and to regulate the manner and place at which all such animals and all fowls may be kept in said town, and said Mayor and Council shall have full power and authority to have taken up and impounded any of such animals and fowls and punish all owners of any such animals and fowls who shall fail or refuse to obey such ordinance as may be adopted by the Mayor and Council of said town to carry out and make such authority effective. The Mayor and Council shall also have the authority to buy and collect such tax as they may deem proper upon dogs kept within the limits of the said town, to provide for the registration of all such dogs, and to prescribe such ordinances

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respecting the keeping of dogs as may be deemed proper, and to prescribe punishments for the violations of said ordinance. Impounding of animals at large. Dog-tax. Sec. 36. Be it further enacted, That the Mayor and Council shall have authority to establish a pound or pounds for the impounding of any of the above mentioned animals and fowls, and to change said pound or pounds whenever they may see proper; to fix a schedule of charges and penalties to be paid by the owners of such impounded animals or fowls before they are released from said pound or pounds, to regulate the mode or manner of sale or disposition of impounded animals or fowls where no owner appears, or when payment of the impounding fees and penalties charged, and all costs, is refunded to provide for the disposition of the proceeds of the sale of such impounded animals and fowls; and, to provide for the punishment of all persons, who, without authority, shall break or enter the pound. Pound. Penalties. Sec. 37. Be it further enacted, That the Mayor and Council of said Town of Cusseta shall have full power and control over the streets, sidewalks, alleys, lawns, driveways and parks of said town and shall have full power and authority to condemn property for the purpose of opening, laying out or widening of the said streets, sidewalks, alleys, lawns, driveways, or parks, or for the erection thereon of any public building, necessary for said town or for any of its departments, or for the changing of any street, sidewalk, lane, alley or driveway, in said town, or for any other public purpose; and whenever the Town Council of said town shall desire to exercise the powers granted in this section it may be done as provided in Sections 5206 to 5246, both inclusive, of the Code of Georgia of 1910, and the Acts amendatory thereof, and the same may be done whether the lands sought to be condemned are in the hands of the owner, or a trustee, executor, administrator, guardian, or other agent or representative or otherwise, as provided by said section of said code, and the Acts amendatory thereof.

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Said Town Council shall have full power and authority to remove, or to cause to be removed, any building, steps, fences, gates, sheds, posts or other obstructions or nuisances in, on or over the public streets, lanes, alleys, sidewalks, driveways or other public places in said town, and full power and authority to enforce all the provisions of this section, as well as any and all other sections of this charter, by appropriate legislation. Streets. Condemnation of property. Obstructions. Sec. 38. Be it further enacted, That said Town Council shall have the power and authority to require every male inhabitant, resident in said town, who, by the laws of the State of Georgia, is subject to be worked on the public roads, to work such length of time on the public streets, sidewalks, alleys, lanes, driveways or other public property of said Town of Cusseta as the said Town Council may direct for a period not exceeding ten days in each year. Any person so subject to be worked on the streets of said town shall have the right to relieve himself of said work by paying a commutation tax, or street tax, the amount of which shall be fixed by the Town Council, and which amount shall in no event exceed the sum of five dollars for any one year. Said street work shall be done and said commutation or street tax shall be paid at such time and in such portions as may be prescribed by said Town Council. Any person subject to work on the streets of said town who shall fail to work at the time and place and in the manner as summoned by the proper authority of said town and who shall fail or refuse to pay the commutation or street tax prescribed by said Town Council at the time or times as may be prescribed by said Town Council, may be punished in the Mayor's Court of said town as other offenders against any of the laws or ordinances of said town are subject to be punished. Street work. Commutation tax. Penalty. Sec. 39. Be it further enacted, That the Mayor and Council of said Town of Cusseta shall have the power and authority to grant franchises, permits, easements and rights-of-way, in, on, along, under and over the streets, alleys, lanes, squares, sidewalks, driveways, parks and

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other public property of said town, upon such terms, conditions, reservations, restrictions and limitations as the said Mayor and Council may fix and prescribe; provided however, that the same shall not be granted for a period longer than twenty years, nor without some sufficient and reasonable compensation to the said Town of Cusseta; and provided, further, that the same, and any and all of such shall be subject to taxation by said Town of Cusseta. The Mayor and Council of said town shall have the power and authority to pass such ordinances as may be necessary to carry out and make effective the provisions of this section and to prescribe penalties for the violation of such ordinances. Franchises, easements, etc. Sec. 40. Be it further enacted, That said Mayor and Council shall have the power and authority by ordinance, to prescribe the method of making application for any such franchise, easement, permit or right-of-way, to prescribe what any such application shall contain, to prescribe how, in what way and manner, notice of any such applications shall be published, and to prescribe when such franchise, permit, easement or right-of-way, if granted, shall become operative, and generally, to prescribe such rules and regulations in respect to applications for same, the filing, publication of notice and the granting of same as the Mayor and Council may deem necessary and advisable. Application; notice. Sec. 41. Be it further enacted, That the said Mayor and Council shall have the full power and authority, by ordinance, to establish and maintain public parks in the streets and at other places in said town, and to provide for the upkeep and maintenance of same as said Mayor and Council may deem proper. Parks. Sec. 42. Be it further enacted, That said Mayor and Council shall have the power and authority, by ordinance, to create and establish a fire department in said town; to provide for the pay and equipment thereof; to purchase any necessary appartus for such department and make

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any and all needful rules and regulations for its proper use and maintenance. Fire department. Sec. 43. Be it further enacted, That the marshal, deputy marshals and any and all duly constituted arresting officers, of said town, shall have the right and authority to arrest without warrant, any person idiling, loafing or loitering upon the streets, sidewalks, alleys, lanes, driveways, squares, parks, or in any public building or place in said Town of Cusseta, and to imprison such person or persons in the town jail or guard house, or to admit them to bail for appearance for trial for such offense before the Mayor's Court; said marshal, deputy marshals and all such arresting officers of said town are hereby empowered and authorized to arrest without warrant and detain for a reasonable length of time any person who may be acting suspiciously in said town, or whom said officers or any of them, may suspect of having evil design against some person or property in said town, or the laws and ordinances thereof; also to arrest and detain, without warrant any person who may be an escaped convict of this State or any municipality of this State thereof, or who may have escaped arrest from the county and State authorities or who may have escaped arrest from any municipality of this State; for any offense committed therein; and the said officers may arrest without warrant in all cases where authority is given to arresting officers of this State by the laws of this State for making arrests without a warrant. Arrests without warrants. Imprisonment. Sec. 44. Be it further enacted, That the Mayor and Council of said Town of Cusseta shall have the right and power, by ordinance, to regulate all vehicles of every kind and description used in said town for hire or profit in the transportation of passengers, freight, drayage, either or all of them, to provide for the inspection of all such vehicles, and to fix the rates of fare and carriages thereon, whether between points or places in said town or between points of places or distances without and from said town and said Mayor and Council shall have power and

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authority to fix and prescribe penalties for violations of ordinances and regulations adopted under and by virtue of this section. Regulation of vehicles. Rates. Sec. 45. Be it further enacted, That the Mayor and Council of said town shall have the right, power and authority, by ordinance to regulate the keeping of gunpowder, dynamite, petroleum oils, benzine, gasoline, resin, turpentine, and any and all other kind of explosives, inflammable or combustible materials, to regulate sale and use of firecrackers, Roman candles, torpedoes, skyrockets, and any and all other kinds of fireworks, and shall have power and authority to prohibit the firing or use of them, or either of them, within the limit of said town, and to prescribe penalties for the violations of such ordinances. Explosives. Sec. 46. Be it further enacted, That the Mayor and Council for the Town of Cusseta shall have the power and authority, by ordinance, to prohibit within the limit of said town the hazarding of money or other things of value at what is commonly known as matching, to match with coins or money, or to match with any other article, thing or device whatsoever; for drinks, money or other articles of value; also to prohibit within the limits of said town the hazarding of money or other things of value at what is commonly known as shooting at the crack, or to throw or pitch at the cracks of floors, counters, boards, walks or other things or marks with pieces of money or other articles of things or devices whatsoever, for drinks, money or other articles of value; also to prohibit the owners, lessees or occupants of buildings in said town from allowing or permitting persons to carry on or engage in any of the above mentioned games or devices or other schemes or devices of whatever sort for the hazarding of money, or other things of value within said buildings; also, to prohibit raffling in said town; and to prescribe penalties for the violation of any and all such ordinances. Gambling.

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Sec. 47. Be it further enacted, That the Mayor and Council of said town shall have the power and authority to control and regulate the running of bicycles, motorcycles, automobiles, auto trucks and any and all kinds of high speed vehicles in said town, whether said vehicles are propelled by hand, foot, steam, electricity, or other motive power whatsoever; to prescribe the rate of speed and the manner in which all such vehicles may be run or operated; to prescribe the qualifications of the drivers, chauffeurs or operators of said vehicles, to provide for the registration of all such machines or vehicles; to prevent the reckless riding or driving of horses or other animals in said said town; and to do any and all things and acts necessary or incident to the protection or safety of any of the above mentioned vehicles, drivers, chauffeurs, operators, or of the public generally and property in said town. The Mayor and Council of said town shall have the authority to enforce the provisions of this section by ordinance and to provide penalties for the violation thereof. Regulation of automobiles, bicycles, motorcycles, etc. Sec. 48. Be it further enacted, That the Mayor and Council of said Town of Cusseta shall have full power and authority, by ordinance, to regulate and prescribe the speed of railroad trains running within the limits of said town; to require all railroad companies to station watchmen at street crossings; to require al trains, engines or cars running across, along, over or through any street in said town to be preceded by a flagman; to make it a penal offense for any railroad company; its agents or employees to block or obstruct any street crossing in said town with railroad trains, cars or engines any longer than is necessary for said trains, cars or engines to pass over any such crossings, and to regulate in any other way the running or operation of railway trains, engines and cars within the corporate limits of said town, as may be deemed necessary to protect and safeguard the public; and said Mayor and Council are authorized and empowered

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to provide penalties for the violation of any of the provisions of this section. Railroads; regulations. Sec. 49. Be it further enacted, That the Mayor and Council of said town shall have the power and authority to prevent injury or annoyance to the public or individuals from anything or act that is or may be dangerous, offensive or unwholesome; to protect places of divine worship in said town and all public gatherings of the people in said town, to pass all necessary and advisable ordinances and by-laws respecting public buildings and grounds, carriages, wagons, drays, wells and similar things, and for the prevention and punishment of drunkenness on the streets and in all public buildings and places in said town, and at any and all other places in said town, except the confines and the home or habitation of the person drunk; to prevent and punish all acts of disorderly, unbecoming, vulgar or indecent conduct in said town, to prevent and punish all conduct, acts and things liable to destroy the peace and tranquility of the citizens or any citizen of said town, to prevent and remove any and all disorderly houses, and remove the inmates or occupant of lewd house or houses of ill repute or ill fame or of any and all disorderly houses in said town, and shall have power and authority to punish the inmates or occupants of any disorderly house or house of ill repute or ill fame in said town; to punish any person for using any disorderly or obscene or vulgar or indecent or profane language, or who shall be guilty of any vulgar or indecent or disorderly conduct in any manner whatever in said town; and said Mayor and Council shall have power and authority to pass and enforce by proper prescribed punishments and penalties all necessary ordinances, by-laws and resolutions covering and providing the methods of any and all such conduct and cases included in this section, and for the conviction of and punishment for the same; and shall have power and authority to pass all ordinances, rules and regulations as may be necessary and expedient for the preservation of order,

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decency, morality, peace, health, convenience, comfort, protection, safety, welfare and good government in and for said town; provided, that the same are not inconsistent with the laws of this State or the United States. Peace and order, power to enforce. General welfare. Sec. 50. Be it further enacted, That the Mayor and Council of said town are hereby fully authorized and empowered to pass all such ordinances, by-laws, rules, resolutions, and regulations as said body may deem necessary for the health and comfort of the citizens of said Town of Cusseta; and, said Town Council may provide such health officers as said body may deem proper, prescribe their duties and powers, and what their remuneration shall be. And such health officer or health officers shall have and exercise all such power and privileges as may be vested in them by said Town Council, by orders, resolutions or ordinances. Said Town Council shall have the power and authority to enact and enforce ordinances to prevent, so far as possible, of any infectious or contagious disease; to compel the vaccination of all persons within the limits of said town, whether residents or sojourners; also, to isolate any person or persons in said town who are afflicted with any infectious or contagious disease by confining such person or persons within the limits of the premises provided by said Town Council, either within or without the corporate limits of said town, for such porposes, to isolate any person or persons who have been exposed to any infectious or contagious disease, during the usual period of incubation of such diseases by confining such person or persons, during such period, within the premises provided for by said Town Council, either within or without the limits of said town. The said Town Council shall also have power and authority to establish, declare and maintain quarantine regulations against all contagious or infectious diseases and to punish violators of any quarantine regulations of the said town. Said Town Council shall have power and authority to build, establish and maintain pest houses, either within or without the corporate limits of said town, and for

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such purpose said municipal government is authorized to buy, hold, or receive real estate either within or without the limits of said town. Said Town Council shall have power and authority to buy and provide vaccination points, and to employ physicians at the expense of said Town of Cusseta to vaccinate all persons who, from poverty, are unable to procure vaccination, and said Town Council may provide by ordinance punishment for all persons failing or refusing to be vaccinated, and to prescribe punishment for all persons violating any ordinance, rules and regulations enacted by said Town Council for the prevention of diseases or for the promotion of the health of the citizens of said town. Health. Officers. Vaccination. Diseased persons. Quarantine. Sec. 51. Be it further enacted, That the marshal, deputy marshals, and all duly constituted arresting officers of said town shall have the right and authority, upon proper warrant, to break and enter any place or house in said town where said arresting officers, or either of them, may have reason to suspect that any of the laws and ordinances of said town are being violated, and to arrest the persons therein and imprison or admit them to bail as hereinbefore provided for in cases of arrest. Lawful breaking and entry. Sec. 52. Be it further enacted, That the Mayor and Council of said town shall have the right, power and authority to employ, at such times as they may deem necessary, an auditor or other competent person to examine and audit the books of said town and each department thereof, and to pay a reasonable compensation therefor. Audit of books. Sec. 53. Be it further enacted, That all writs, processes, summons, subpoenas, rules of all kinds, and all executions for any and all kinds of taxes, licenses, assessments, fines, forfeitures or demands assessed by the proper authorities of said Town of Cusseta, against any person, firm, corporation, or company whatsoever, may be issued and signed by the town clerk and bear test in the name of Mayor of said Town of Cusseta unless otherwise provided, and shall be directed to all and singular the marshal

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and deputy marshals of said Town of Cusseta, and to all and singular the sheriffs and constables of this State, and each and all of said directors are hereby expressly authorized, empowered, and required to serve and execute the same; and in the case of executions issued, shall command all such said officers that of any property belonging to the defendant against whom said execution is issued, or of certain property described in the execution, they make by levy and sale, as prescribed by law, the amount due on the execution together with all lawful cost. Writs, processes, etc. Service. Sec. 54. Be it further enacted, That all personal property levied upon by virtue of any of the executions or other processes in favor of said Town of Cusseta, and which personal property shall be within the County of Chattahoochee, State of Georgia, at the time of such levy, shall be sold at the door of the court house of said county, in said Town of Cusseta, after first advertising such sale for ten days by written notice posted at least two public places in said town, which notice shall designate the day and place of sale, as reasonable description of the property to be sold and the process under which the same has been levied. When real estate located in said Town of Cusseta or said County of Chattahoochee is levied upon by virtue of any of the processes aforesaid, the same shall be sold at the door of the court house of said County of Chattahoochee, after first having advertised the same in the way and manner provided for sheriff's sales of land under ordinary executions in this State; and such said sales may be made and valid deeds to the property sold may be made and executed and delivered by the marshal of said Town of Cusseta or by the sheriff of said County of Chattahoochee to the purchaser or purchasers. In all sales of personal property, the marshal or deputy marshal of said Town of Cusseta, designated herein, shall conduct said sale in manner, as near as practicable, similar to the sales of personal property by the lawful constables of this State. All sales

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made under the authority of this charter shall be between the hours of ten o'clock A. M. and four o'clock P. M. and to the highest and best bidder for cash. If a claim shall be interposed and filed to any personal property so advertised to be sold, the marshal of said town or other levying officer shall immediately return the execution together with the said claim, bond and affidavit, to the court of the justice of the peace in and for the 1104th District, G. M. of Chattahoochee County, Georgia, in which said district, said Town of Cusseta is located, where such claim cases shall be tried as other claim cases in justice courts of this State; provided, that if the amounts of the executions levied, exclusive of interest and costs, shall exceed the sum of one hundred dollars, then said marshal or other levying officer shall forthwith deliver said execution and said claim papers to the Clerk of the Superior Court of Chattahoochee County, Georgia, in which Superior Court said claim case shall stand for trial and be tried as other claim cases in the Superior Courts of this State. In all matters of levy and claims, the general rules of law of this State as to forthcoming bonds, claim bonds, claim affidavits, and other matters and things incident to the same shall prevail. All claims interposed and filed to levies on real estate shall be returned to and tried in the Superior Court of the County where such realty is located. Public sales of personal property. Of real estate. Conduct of sales. Claims. Bonds. Sec. 55. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the Town of Cusseta, the Mayor and Council of said municipality shall have power and authority to assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of said Town of Cusseta, not exceeding during any one year one per cent. of the value of said property; provided, however, that such tax shall not include any tax provided for to be raised for school purposes, as hereinafter set forth, nor does or shall the same include any tax to be raised for the purpose of paying off the principal

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and interest of the existing school bonds issued by the Town of Cusseta, or by the Mayor and Council for the Town of Cusseta, nor does or shall the same include any tax that may be necessary in the judgment of the Mayor and Council of said Town of Cusseta for the purpose of meeting and paying off the principal and interest that may become due and payable on any bonds that may hereafter be issued by said Town of Cusseta, or for providing a sinking fund for the final payment, when due, of the principal and interest of any such bonds. Tax ad valorem. Not including school and bond tax. Sec. 56. Be it further enacted, That said Mayor and Council are hereby authorized and empowered, where and when authorized as hereinafter provided, to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said town, not to exceed one-half of one per cent. of the value of said property, for the purpose of establishing and maintaining public schools in said town; provided, the sum raised for this purpose shall be used for no other purpose whatever. Public school tax. Sec. 57. Be it further enacted, That the Mayor and Council of said town are hereby authorized and empowered and required to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said town, a sufficient tax and sum to meet, pay off and retire the existing bonded indebtedness of the Town of Cusseta, or of the Mayor and Council for the Town of Cusseta, according to the manner of the issuance of said bond, and according to the terms, stipulations and tenor of said bonds, provided, the sum raised for this purpose shall be used for no other purpose whatever. Bond tax. Sec. 58. Be it further enacted, That the Mayor and Council of said town shall have full power and authority to provide, by ordinance, for the inspection of all meats, fruits and vegetables sold or offered for sale in said town, as well as for the inspection and regulation of all butcher

Page 922

pens used by butchers in said town, whether said pens are located in said town or not, and all animals slaughtered or intended for slaughter by the owners of markets or persons conducting the same, and all animals brought in the said town for sale to markets or brought into said town after being sold, for the purpose of being butchered and dispensed to the people of said town. And said Mayor and Council shall have the right and authority to regulate and control and for the purpose of raising revenues for the support, maintenance of the government of said Town of Cusseta, shall also have the right, power and authority to tax, license, regulate and control, by ordinance or ordinances, all taverns, hotels, boarding houses, rooming houses, restaurants, cafe, soda water founts or soft drink founts, places or business for the sale of ice cream or similar things, soda water or soft drinks of any description or kind, or dealers in same, livery stables, feed stables, sales stables or lots, and owners or keepers of same, hacks, drays, jitneys or other vehicles or operators of same, auctioneers, vendue masters, itinerant traders, picture shows and exhibitions and fairs of all kinds, theatrical performances, dummy or street railways, oil mills, ginneries, grist mills, flour mills, planing mills, sawmills, and all other kinds of mills or factories, machine shops, blacksmith shops, garages, and all other kinds of shops, circuses, and owners or managers of same, lightning rod dealers or agents, itinerants or otherwise, bill posters, book agents, peddlers of stoves, machines, or any articles of merchandise, itinerant traders, emigrant agents, itinerant vendors of any kinds of goods, wares, merchandise, or other thing, salesmen offering for sale stock in oil companies, land companies or corporations, salesmen offering any other kind of stock for sale, pool rooms, billiard rooms, pool tables, billiard tables and any and all kinds of tables for public play, bowling alleys and every keeper of any thereof, and every keeper of any tables, devices, stands or place for the performance of any game or play, whether played with sticks, balls, rings or other things

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and contrivances; upon flying jennies, merry-go-rounds, and other like contrivances, skating rinks, dance halls, or the owner or operator or keeper of any of them, dealers or repairers of bicycles, velocipedes and other like vehicles, dealers in automobiles, automobile agent, itinerant or otherwise, dealers in motorcycles, motorcycle agents, itinerant or otherwise, insurance companies of any character, and agents representing any of such companies, itinerant or otherwise, debenture companies, bond companies and agents, itinerant or otherwise, of debenture or bond companies, loan companies and agents, itinerant or otherwise, thereof; loan agents, itinerant or otherwise, for any and all kinds of businesses, brokers and commission merchants of all kinds; dealers in petroleum oils of any character; dealers in lubricating oils, paints or like articles, undertakers, undertaking establishments, newspapers, publishing companies, job printing establishments, dealers in coffins and caskets, and undertaking supplies, guano factories, dealers in guano or fertilizers of any kind, agents or representatives offering to sell or take orders for guano or fertilizers of any kind, keepers of slaughter pens, dealers in fresh fish and oysters, dealers in vegetables, fruits, bread or other articles of food, dealers in coal, wood, ice or any or all of them; owners or keepers of banks or bankers, telegraph companies, telephone companies, express companies, real estate companies or brokers, dealers in builders' supplies, barber shops, junk shops, cotton warehouses, any and all other kinds of warehouses, or the owners of any such warehouses, or operator thereof, cobblers, jewelers, watch and clock repairers, dealers in goods, wares or merchandise of any character, dealers in lime, brick, cement, lumber, shingles, junk, or any of such articles; and all and every other business, agency, calling, vocation, trade or dealer, not heretofore mentioned, and which under the Constitution and laws of Georgia are subject to license and special tax. The said Mayor and Council shall also have the right to fix and prescribe the amount of said taxes and licenses, to provide when and where the

Page 924

same shall be paid; to provide for the revocation of any and all licenses issued under this section; to provide for the making effective and the enforcement of the provisions of this section, and to provide penalties for the violation of any of the provisions thereof or of the ordinances, rules and regulations that the said Mayor and Council may adopt in reference to any of the provisions of this section. Inspection and regulation of foods. License and regulation of occupations. Taxes. Sec. 59. Be it further enacted, That said Mayor and Council shall have full power and authority to require any person, firm or corporation, whether resident or nonresident of said Town of Cusseta, engaged in or carrying on or who may engage in or carry on any trade, business, vocation or profession within the corporate limits of said town, either by themselves or by their agent or agents, to register their names and business, calling, vocation or profession, annually, and to require such person, firm or corporation to pay for such registration and for license to prosecute, levy and engage in such business, calling, vocation or profession such amount as said Mayor and Council, by ordinance may require. And, by ordinance, said Mayor and Council may provide for the punishment of all persons, firms or corporations, who are required, by ordinance to pay the said special tax and register, who shall engage in, or offer or attempt to engage in such business, calling, vocation or profession without first complying in all respects with the ordinances of said town in reference thereto. Registry of vocations. Penalty. Sec. 60. Be it further enacted, That the clerk and treasurer of said Town of Cusseta shall be and he is hereby made the tax receiver of said town as aforesaid, and it shall be the duty of said clerk or tax receiver to receive returns of all real and personal property for taxation in said town. Receiver of tax returns. Sec. 61. Be it further enacted, That all persons, companies, firms and corporations (except those required by law to make returns to the Comptroller General of this

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State) subject to tax in said Town of Cusseta, shall make their returns of personal and real property to the clerk and treasurer (designated as tax receiver) and such returns shall be made at the office of the said clerk and treasurer, or other convenient place in said town, between the first day of March and the first day of June of each year hereafter. Tax returns. Sec. 62. Be it further enacted, That the Mayor and Council of said Town of Cusseta are hereby made and appointed as the tax assessors of said Town of Cusseta and it shall be the duty of said Mayor and Council, on or before the tenth day of July of each year hereafter, to inspect and go over the tax returns on file by the tax payers with the said tax receiver of said town, and assess the taxable value of all personal property and real estate in said Town of Cusseta, subject to taxation, and to raise or lower said tax returns, should they be convinced that the property set out in said tax return should be too high or too low and to equalize the taxable values of the property of said town and value all said property for taxation and file their assessments or valuations with the clerk and treasurer, designated as tax receiver of said town by the aforesaid date, and in making said assessment, it shall be the duty of said Mayor and Council to place a just, fair and equitable valuation on all the property within the corporate limits of said town and the said clerk and treasurer, or tax receiver, of said town shall, on or before the first day of July of each year prepare and have in his office a complete tax digest of the taxpayers and the property of said town, showing the taxable value of all said property and the amount of the tax due and collectible from each taxpayer. Tax assessors. Revision of returns. Sec. 63. Be it further enacted, That should it come to the attention of such tax receiver or said tax assessor that any property in said town, subject to taxation for town purposes, as provided in this charter, has not been returned for taxation within the time hereinbefore required, it shall be the duty of such tax receiver to make

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a return of said 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 Town Council may relieve such defaulter from said double tax. Unreturned property. Appeals. Sec. 64. Be it further enacted, That all ad valorem taxes shall be due and payable to the tax collector and marshal of said Town of Cusseta at his office in said town August the first of each year and the books of said officer shall close December twentieth, at which time execution shall be issued for all due and unpaid taxes. Taxes, when due. Sec. 65. Be it further enacted, That should any property owner be dissatisfied with the assessment of his or her property, either real or personal, by said assessors, such property, owner or taxpayer shall, within ten days after the Mayor and Council of said Town of Cusseta, tax assessors as aforesaid have made their returns of the assessments of property in said town to the clerk and treasurer of said town, or tax receiver of said town as aforesaid, file written notice with said clerk and treasurer, or tax receiver, of his dissatisfaction and shall name in his said notice one moral and upright citizen and freeholder of said town as arbitrator to represent him in fixing the value of his said property. Upon such notice being filed with said clerk and treasurer, or tax receiver, it shall be his duty to immediately notify the Mayor of said town of the fact, and it shall be the duty of said Mayor to forthwith name some moral and upright freeholder and citizen of said town as arbitrator to represent said town in fixing the taxable value of the property in dispute, and the two arbitrators so elected shall be immediately notified by said clerk and treasurer and they shall forthwith select an umpire and the board of arbitrators so constituted shall immediately proceed to give their awards as to the value of such property, which

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award shall be returned to the said clerk and treasurer or tax receiver of said Town of Cusseta, and shall be final on both the said Town of Cusseta and the said tax-payer. The members of any such board of arbitrators, before entering on their duties as such, shall take such oaths as the Mayor and Council of said Town of Cusseta may prescribe, and shall receive such compensation as said Mayor and Council may prescribe. They shall have the power to require any taxpayer to furnish them a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments and all moneys, whenever in their opinion the same is necessary for a correct assessment, and shall have the power and authority to punish for contempt as may be prescribed by ordinance adopted by said Mayor and Council for failure or refusal to do so, and said board of arbitrators shall have the power and authority in all cases, where they may think justice requires it, to assess the taxable value of the property of any taxpayer at a greater or lower value than that fixed and assessed by said tax assessors, the Mayor and Council of said Town of Cusseta. The said Mayor and Council shall have the power and authority to pass such ordinances as they may deem necessary to carry out and enforce the provisions of this section. Arbitration of tax assessment. Notice. Award. Oath. Pay. Powers. Section 66. Be it further enacted, That the Town of Cusseta may, and it is hereby authorized, to issue its bonds, either for the payment of its debts for the erection of school buildings or other public buildings in said town or for any other public improvements, or the maintenance thereof, but all such bonds shall be only in accordance with and under the provision of the laws of Georgia, as found in Section 440, and the section following same, relating to the issuance of bonds, of the Code of Georgia of 1910. Bond issues. Sec. 67. Be it further enacted, That the Mayor and Council of the Town of Cusseta are hereby authorized and empowered to establish and maintain a system of public schools in and for said town, which, when established,

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shall be under the control and management of a town board of education, to be composed of five citizens of said town whose qualifications shall be the same as for Mayor and Councilmen, and who shall be elected by said Mayor and Council, and who shall serve for a term of two years, or until their successors are elected and qualified. The Mayor of said town shall be ex-officio a member of said board of education. Any vacancy occurring in said board shall be filled by the said Town Council by electing another member or members to said board at any meeting held by said Town Council after any such vacancy or vacancies may occur. After the establishment of said public school system of said Town of Cusseta, the County School Superintendent or the Board of Education of Chattahoochee County, Georgia, shall not establish or maintain any school within the corporate limits of said Town of Cusseta, but it shall be the duty of said Town Council to prepare and furnish to the State School Superintendent, immediately upon the establishment of such public school system in said town, annually thereafter by the first day of December, a list or census of all school children in said town entitled to the State school fund and said State School Superintendent shall pay over to the clerk and treasurer of said Town of Cusseta direct such proportion of said educational fund as said children are entitled to by law; and the school authorities of Chattahoochee County shall have no authority or control over said funds or over said schools. It shall be the duty of the Board of Education of the Town of Cusseta to elect and employ all teachers for said public schools, and fix their salaries; to make such rules and regulations for the operation and government of said schools as they may deem necessary; to charge a reasonable incidental fee and to charge such reasonable matriculation fees for each child or pupil admitted to said schools, as said board may order together with such tuition as may be lawful and by said Board of Education deemed advisable and said Board of Education are hereby authorized to provide for the enforcement and collection

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of any such incidental, matriculation or tuition fees and to make the payment of the same a condition precedent to the admission of pupils to said schools, if said Board shall so desire; and said board is authorized to provide for the admission of non-residents to the benefits of said schools upon such terms as may be deemed reasonable and said board shall provide all necessary rules and regulations to fully carry out and make effective the provisions of this section, and for the determination of any and all matters pertaining to said schools. Said Mayor and Council of the Town of Cusseta shall have the right and authority to remove at their pleasure any member of the Board of Education herein provided for, either for failure or neglect to perform his duty, for misconduct in office or for any other reason satisfactory as sufficient to said Mayor and Council; and said Mayor and Council also shall have the same right and power of removal with reference to any other officer of said public schools or said public school system. Public-school system. Board of education. Vacancy. County schools excluded. Educational fund. Teachers. Fees. Non-resident pupils. Removal of board members. Sec. 68. Be it further enacted, That for all children admitted to said town schools under said public school system, who are residents of Chattahoochee County, Georgia, outside of the corporate limits of said town, the school authorities of said county shall pay to the clerk and treasurer of said Town of Cusseta, who is hereby made the clerk and treasurer of the Board of Education of said Town of Cusseta, the pro rata part of such children in the school fund awarded to Chattahoochee County, Georgia. Payment for non-resident pupils. Sec. 69. Be it further enacted, That before any public school system shall be established in said Town of Cusseta, and before any tax for the support and maintenance thereof may be levied, the Mayor and Council of said Town of Cusseta shall call an election, to be held in accordance with the laws of said town and the provisions of Section of this Act and such other sections hereof pertaining to elections held in and for said town, as may be applicable or practicable to elections of this kind. Notice

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of such election shall be given as provided by law for notices respecting bond elections, and at such election the ballots cast shall read For Public School System or Against Public School System. If two-thirds of the qualified voters of said Town of Cusseta, voting at said election, shall vote in favor of Public School System, the Mayor and Council shall establish said school system as soon as practicable and shall levy the tax for the support and maintenance of the same, as authorized by this charter. The manner of holding such election and the qualification of voters therein shall be as prescribed for other elections held under this charter. Election for school system. Sec. 70. Be it further enacted, That the Mayor and Council of the Town of Cusseta are hereby authorized to enforce the collection of any tax that may have been assessed against any person or property by the former Town of Cusseta or by the Mayor and Council for said former Town of Cusseta where the ame has not been paid and to that end as soon as this Act shall go into effect by motion may cause the clerk and treasurer of said Town of Cusseta, created by this Act to issue execution for any such unpaid taxes in the way and manner hereinbefore provided and cause the said taxes to be collected for the use and benefit of said Town of Cusseta; and said Town of Cusseta, created by this Act, may punish, as hereinbefore prescribed, any person who shall have failed to pay to the said Town of Cusseta any street tax or to do such street work as may have been assessed against any such person; and said Mayor and Council of the Town of Cusseta, created by this Act, may cause to be arrested and tried and punished, as hereinbefore prescribed, any person, firm, company or corporation charged or accused with the violation of any of the ordinances, rules and regulations of the municipal government of the former Town of Cusseta, or the Mayor and Council for the Town of Cusseta, as said municipal government of said former Town of Cusseta was designated, known and styled. Collection of unpaid taxes by execution. Punishment.

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Sec. 71. Be it further enacted, That the Mayor and Council of said Town of Cusseta may enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district in said town, and to enlarge, change or modify its limits from time to time, to prescribe when, how and of what material buildings in said limits may be erected, repaired or covered, how thick the walls must be, how the chimneys, stove pipes and flues are to be constructed; to provide for fire escapes in said buildings, and generally to do all such acts and things and to pass all such laws, ordinances, rules and regulations as said Mayor and Council may deem necessary in order to protect, as far as possible, from dangers from fire and to prevent the spread of fire from one building to another, and for the protection and safety of the people and property in said town. Said Mayor and Council shall, also, have the power and authority to order any changes in the construction of arrangement of buildings, chimneys, stove pipes or flues, and to order the removal thereof when, in the judgment of said Mayor and Council, the same are dangerous or likely to become so, and to require the owner of the premises to pay the expenses of such change or removal, which expenses may be collected as taxes are collected, and if any person, company, firm or corporation should erect or maintain any building in said town that is not in accordance with the laws, ordinances, rules and regulations of said Town of Cusseta, said Mayor and Council may order and direct that all such buildings be removed or altered, and if such person, firm or corporation shall not remove or alter such buildings after notice to do so is given, and within the reasonable time specified in said notice as may be prescribed, then said Mayor and Council shall be vested with the full right, power and authority to remove or alter said buildings or structures, all at the expense of the owner of such buildings or structures, which said expense may be collected as taxes are collected. Fire district. Regulation of buildings, etc.

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Sec. 72. Be it further enacted, That schools established under this Act be kept separate as between the white and colored children of said town; and provided, further, that it shall not be necessary for the Mayor and Council of said Town of Cusseta to establish any school for the colored children of said town, unless said Mayor and Council should deem it necessary; provided, however, such portion of any school funds collected by said Town of Cusseta, as shall be paid by the colored property owners thereof, shall be paid by the clerk and treasurer of said Town of Cusseta to any colored school or schools which may be established or maintained in said town, in the discretion of said Mayor and Council. Separate schools for white and colored races. Sec. 73. Be it further enacted, That officers of said Town of Cusseta, elected by the Mayor and Council thereof, shall not be disqualified from serving as members of the Board of Education of said Town during their term of office, nor shall any such officers vacate the office held by them by reason of such service. Officers qualified as board members. Sec. 74. Be it further enacted, That the Mayor and Council of said town shall have full power and authority to pass all laws and ordinances necessary for the draining, curbing and proper maintenance and care of the streets, lanes, alleys, sidewalks or other public places of said town; to provide for the paving, grading, macadamizing, curbing and otherwise improving, for travel or drainage, the same or any part thereof; or to regrade, repave, recurb, remacadamize or repair in any way the pavement, cubing, grade or drainage of the same, whenever in the judgment of the said Mayor and Council the same becomes necessary or advisable, and the said Mayor and Council shall have the right and authority to provide, by ordinance, how said grading, paving, macadamizing, curbing or repairing, maintenance and care of the same shall be paid, whether wholly by said town or whether partly by said town and partly by the adjacent land owners; provided, however, that in order to carry out and make effective this authority, said

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Mayor and Council shall have the authority to levy and assess not more than one-half of the cost of paving, grading, curbing, macadamizing or of repaving, regrading, recurbing, remacadamizing, repairing or otherwise improving the streets, sidewalks, lanes, alleys, driveways or other public places of said town against the owner of the real estate abutting on the sidewalk, or streets, lanes, alleys or driveways, or other public places of said town so improved; said Mayor and Council of the Town of Cusseta being hereby given full power and authority to provide by ordinance or ordinances such a system of equalizing and assessing the value of real estate for the above purposes for the amounts above set forth as to said Mayor and Council may seem just and proper; and provided that amount assessed against such piece of property under this provision shall be a lien against such property from the time the same is assessed. The said Town Council shall have the right and power and authority to enforce collection for the amount of any assessment so made for such work and improvement against the owner at the date of said assessment by execution issued by the clerk and treasurer of said Town of Cusseta against the owner of said real estate, which execution may be levied by the marshal, or any deputy marshal of said Town of Cusseta, or any other duly constituted levying officer of said town, on such real estate, and the advertisement of the sale of said property and all other proceedings after said levy shall be the same and in the same manner as proceedings for the sale of property under executions for State and county taxes and the owner of said property shall have the right to file or institute the same defenses and legal remedies to such fi fa as he might have to a tax fi fa levied on his property under a tax fi fa issued for State and county taxes. Street improvements. Assessments. Executions. Levy and sale. Defenses. Sec. 75. Be it further enacted, That the Mayor and Council of said Town of Cusseta are hereby authorized and empowered to use and expend any part or parcels

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of the monies collected by the taxation provided for in Sections 55, 58 and 59 of this Act for the erection of any building for the use of said town, or for the erection of any artesian or other public well in said town, for the purpose of establishing a system of lights for lighting the streets, lanes, sidewalks, alleys, driveways, squares or parks of said town or other public places and buildings of said town or for any other public improvement or purpose in said town, or for the comfort, convenience and benefit of said town and the inhabitants thereof, and for the purpose of maintaining or furnishing any such establishments or improvements in said town. Expenditures of tax moneys. Sec. 76. Be it further enacted, That it shall be the duty of the Town Council of said Town of Cusseta to set aside annually a sufficient sum as a sinking fund to retire the bonded debt of said town, and to pay the interest thereon as said interest becomes due. Sinking-fund. Sec. 77. Be it further enacted, That the salaries of all officers of said Town of Cusseta, when fixed and determined by the Mayor and Council in the manner prescribed in this Act, and in the manner prescribed by the laws and ordinances of said town, shall not be increased nor diminished during the terms of office for which said officers are elected. Salaries fixed for terms. Sec. 78. Be it further enacted, That the Mayor and Council of said town shall have the right, authority and power to elect such other municipal officers besides those herein specified as to said Mayor and Council may seem necessary and proper therefor, when necessary, by ordinance, and in the same manner shall prescribe their duties and compensation and the time and manner of the payment of the compensation so fixed. Additional officers. Sec. 79. Be it further enacted, That the Town Council of said town shall have the right and power to regulate the use of all sidewalks, crosswalks and structures over or under the same; to require the owners or occupants

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of any premises to keep the sidewalks, streets, alleys, lanes or driveways or other public places and property of said town in front of and along such said premises free from all obstructions; to regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, refuse matter, or other rubbish, or any offensive matter, into any street, lane, alley, sidewalk, driveway, square, park or public place within said town, and to prevent any obstruction or injury of any kind to any street, sidewalk, lane, alley, driveway, square, park or other public grounds of said town. Regulation of sidewalks, structures, etc. Sec. 80. Be it further enacted, That said Town Council shall have the right to provide for and regulate curbs and gutters that flow into the streets, alleys, lanes, sidewalks, driveways or other public places of said town; to regulate or prohibit the use of any street and public grounds for the posting or for the erecting or maintenance of sign posts or sign boards, awnings, telegraph and telephone poles, horse troughs, horse racks and posting of handbills and advertisements; to regulate or prohibit the carrying of banners, placards or hand bills in the streets or public places in said town; to regulate or prohibit any public speaking, lecturing or preaching in the streets, alleys, lanes, driveways, squares, parks or other public places of said town; and to prohibit the sale or exhibition of obscene or immoral publications, prints, pictures or illustrations in said town. Sundry regulatory powers. Sec. 81. Be it further enacted, That should the Mayor or any Councilman of said Town of Cusseta be guilty of malpractice in office, or be grossly guilty of wilfully and grossly abusing the powers and discretion vested in him by this charter, or shall for any reason become unfit and incompetent to hold the respective office to which he has been elected or appointed, then and in that event, and a majority of said Town Council may request his resignation and upon such party's failure or refusal to resign within five days after said request, it shall be the duty of a majority of the members

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of said Town Council to bring a rule against such officer in which the charges shall be plainly and fully stated to the Judge of the Superior Court of the said County of Chattahoochee, who shall issue a rule nisi against such offending or accused officer, calling upon him to appear before said Judge at such time and place said Judge may designate, to show cause why he should not be removed from said office. The offending or accused officer shall be served with a copy of said charges and said at least ten days before the time set for such hearing, and said Judge is hereby granted authority and power to pass upon said rule and may either remove said officer and declare said office vacant or he may refuse to grant said order. Malpractice or abuse in office. Removal after hearing. Notice. Sec. 82. Be it further enacted, That said Town Council may establish and provide a chain gang on which to work persons who have been convicted of violating any of the ordinances, rules and regulations of said Town of Cusseta and who have been sentenced to a term or period of work on the streets or other public works of said town. Such chaingang shall be established and maintained in a manner to be provided by ordinance passed by the Mayor and Council of said Town of Cusseta. Chaingang. Sec. 83. Be it further enacted, That the police force of said Town of Cusseta shall consist of the aforementioned tax collector and marshal of said town, and such other officers and men, who shall be known and designated as deputy marshals of said town, as the Mayor and Council by ordinance prescribe; or as may be designated and appointed by said Mayor of said town alone, without any such ordinance, and all such said deputy marshals are hereby vested with all the rights, powers, privileges and immunities as are or may be vested in said tax collector and marshal, with the provision, however, that all such deputy marshals shall be under the supervision and control of the said tax collector and marshal, and shall act under his orders and instructions, and the said tax collector and marshal, as well as any

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and all such said deputy marshals shall be subject to removal or dismission by a majority vote of the said Town Council in either regular or called meeting for any cause deemed sufficient by said Mayor and Council, and it shall be a part of all contracts of said Town of Cusseta for the service of all said officers or men composing the police force of said town, whether written or stipulated in the contract made with such said officers or not, that the Mayor and Council shall have power and authority, by a majority vote, to suspend or remove any of said men or officers from office or the employment of said Town of Cusseta without written notice or hearing, and for cause deemed sufficient by said Mayor and Council. The compensation of all said officers shall be prescribed by ordinance of the Mayor and Council of said town. Police force. Removal or suspension. Sec. 84. Be it further enacted, That the Mayor and Council of said Town of Cusseta shall have full power and authority to care for and make any and all necessary repairs to the cemeteries of said town, to increase or enlarge the same, and to buy and purchase and improve new cemeteries, the grounds of which may be located either within or without the corporate limits of said Town of Cusseta, as said Town Council may in its discretion see fit and proper. Said Town Council shall have power to regulate and provide for the burial of the dead therein, and, as to such cemeteries, the title to the lands or grounds of which are vested in said Town of Cusseta, may sell and grant by deeds to persons who wish to purchase any vacant or unoccupied lot or lots in said cemetery, for burial purposes. Said Town Council shall have full power and authority to employ a manager, sexton and any other employee for the cemeteries of said town, used by the public, and do whatever else said Mayor and Council may deem good and proper to preserve, protect and beautify said burial places. Cemeteries.

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Sec. 85. Be it further enacted, That before any ordinance shall be adopted by the Mayor and Council of said Town of Cusseta, the same shall be read at two separate meetings of the Council; provided, however, that an ordinance may be adopted at its first reading by unanimous consent of those members of the said Town Council present, if there be a quorum; and, provided, that before an ordinance that has been adopted by said Town Council shall become operative and of full force and effect, the same shall be spread upon the minutes of said Town Council and shall be posted in two public places in said Town of Cusseta, or advertised once in the newspaper in which the advertisements emanating from the sheriff's office of Chattahoochee County, Georgia, the county in which said Town of Cusseta is located, are published. No regular form of ordinance shall be required, but such ordinance shall plainly and distinctly set forth the measure intended. Ordinances; adoption and publication. Sec. 86. Be it further enacted, That the Mayor and Council of said Town of Cusseta shall have the power and authority to borrow money for the use of said town by making a temporary loan or loans to supply casual deficiency of revenue, not to exceed one-fifth of one per cent. of the assessed value of the taxable property therein in any one year; and it is further enacted that the sum or sums so borrowed shall be paid out of the income of the said town for the fiscal year in which the loan or loans are made and before the expiration of the fiscal year in which any such loan or loans was or were made. Borrowed money. Sec. 87. Be it further enacted, That the Mayor and Council of said Town of Cusseta may codify all ordinances, resolutions and by-laws of said town, together with the charter of said town, and all special acts on the subject of school bonds or other bond issues of said town and of any and all other matters pertaining to said town and its government, into one book, to be known as the Code of the Town of Cusseta, and when

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the same is adopted by the said Mayor and Council, said code shall be admitted in evidence in any of the Courts of this State upon the certificate of the town clerk certifying the same to be the code of the laws and ordinances of said town. The Mayor and Council of said town shall have the power and authority to revise said code or re-codify the laws and ordinances of said town whenever they may deem it necessary. Code of laws. Sec. 88. Be it further enacted, That the Mayor and Council of said town may select some bank in said Town of Cusseta or elsewhere in this State as a town depository, and may require the clerk and treasurer of said town, or other officers of said town, to deposit all funds comming into their hands as officers of said town and all funds of the said Town of Cusseta in said bank or depository, and said Mayor and Council may prescribe the manner in which said funds shall be deposited and checked out. Said depository may be selected upon such rules, regulations, conditions and requirements as said Mayor and Council may, by ordinance, require. Depository of funds. Sec. 89. Be it further enacted, That the Mayor and Council of said Town of Cusseta shall have full power and authority to enact all laws and ordinances to require any railroad company or street railroad company, having or which may hereafter have tracks running in, along, over, across or through the streets, lanes, alleys or ways of said Town of Cusseta, so improved, to macadamize or otherwise pave and improve the same, as the Mayor and Council may direct, the widths of their tracks and two feet on either side thereof for the width of the said streets, lanes, alleys or ways of said town, and to require said companies to repair or repave their aforesaid portions as the Mayor and Council of said town may direct, and said Mayor and Council shall have the power and authority to enforce the provisions of this section and to provide penalties for the violations thereof by proper ordinance. Railroads; paving required.

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Sec. 90. Be it further enacted, That the Mayor and Council of said Town of Cusseta shall have the power and authority to remit or reduce the fines imposed in the Mayor's Court of said town upon persons convicted therein for violating any of the laws and ordinances of said town; and said Mayor shall also have the authority to parole on good behavior or good conduct persons convicted in said Mayor's Court for violating the laws and ordinances of said town, under such rules and regulations as the Mayor and Council of said Town of Cusseta may prescribe by ordinance. Fines; reduction, etc. Parole. Sec. 91. Be it further enacted, That whenever any real estate is sold under any process in favor of said Town of Cusseta, the officer making the sale shall have the power and authority to convey the property so sold by proper conveyance to the purchaser; provided, however, that any and all such real estate that may be so sold under execution for taxes due said Town of Cusseta shall be subject to redemption within the time allowed by law, and in the same manner and under the same terms, as like property sold under a tax execution for State and county taxes. Conveyance of realty sold. Sec. 92. Be it further enacted, That said Town of Cusseta through its officers and corporate authority, as aforesaid, may do any act or thing of whatever kind or nature delegated to or permitted by the laws of the State of Georgia, as fully and completely as if hereby particularly specified, and the authority is hereby especially delegated to said corporation of said Town of Cusseta to pass any rules, regulations and ordinances and by-laws necessary and appropriate to carry out, effect and put in force the scheme and intention of this Act, having reference to the powers especially delegated to said corporation under this charter and the authority vested in said corporation, Town of Cusseta, under and by virtue of the general laws of the State of Georgia pertaining to municipal corporations. Plenary power.

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Sec. 93. Be it further enacted, That all provisions of former Acts of the General Assembly of the State of Georgia pertaining to the incorporation of the Town of Cusseta, in and under whatever name the same may have been done, in whatever way or manner said town may have been incorporated, be and are hereby consolidated and superseded by this Act, and that all Acts of the General Assembly of this State inconsistent 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 Mayor and Council for the Town of Cusseta under former charter, or any amendment thereof, which are now in force and which are inconsistent with and at variance with this Act be and are hereby expressly repealed, but all ordinances now in force which are not inconsistent with this Act are continued as ordinances of the said Town of Cusseta, in full force and effect until the same have been repealed by ordinance or resolution of the Mayor and Council of the Town of Cusseta, as provided in this Act. Former laws consolidated and superseded. Approved August 16, 1920. CUTHBERT CHARTER AMENDED. No. 413. 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 chaingang, and for other purposes, approved August 15th, 1910,

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and the Act amendatory thereof, approved July 30th, 1917, 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 15th, 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 chaingang, and for other purposes, and the Act amendatory thereof, approved July 30th, 1917, together with all other 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 as amended in the Act approved July 30th, 1917, be further amended by striking therefrom the three words one-half of. Sec. 25 amended. Sec. 2. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, That said Act as amended on July 30th, 1917, be further amended by striking from Section 53 of said Act as amended on July 30, 1917, the three words one-half of in line fourteen of said Section 53 of said Act, as it read, after being so amended on July 30th, 1917. Sec. 53. amended. Sec. 3. All laws and parts of laws in conflict with the foregoing are hereby repealed. Approved July 24, 1920.

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DALLAS PUBLIC SCHOOLS ABOLISHED. No. 503. An Act to repeal an Act entitled An Act to establish a system of public schools in and for the Town of Dallas in the County of Paulding, State of Georgia, approved August 16, 1909, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, and the approval of the same by the Governor, the Act to establish a system of public schools in and for the Town of Dallas, in the County of Paulding, State of Georgia, approved August 16, 1909, be and the same is hereby repealed. Act of 1909 repealed. Sec. 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 5, 1920. DALLAS, NEW CHARTER FOR TOWN OF. No. 685. An Act to create a new charter for the Town of Dallas, Georgia, approved August 21, 1911, by striking from said charter all the later clause of Section 3, relative to the exemption from taxation of farm lands in said Town of Dallas. Also amend said charter by striking from Section 57 of said charter all that portion making it necessary for the abutting land owners in any given block to petition the Mayor and Council in writing before any curbing or pavement can be put down. Also amend Section 69 of said charter by fixing the maximum rate of ad valorem tax $1.00 on the

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$100.00 exclusive of the public school tax, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage and approval of this Act the charter of the Town of Dallas, Paulding County, Georgia, approved August 21, 1911, be and the same is hereby amended as follows, to-wit: By striking from Section 3 of said charter, Acts of 1911, page 1050, all the later clause of said Section 3 relative to the exemption of farm lands from taxation in said Town of Dallas, so that said Section 3 when amended shall read as follows: Act of 1911 amended. Sec. 3 to be read. Section 3. Be it further enacted by the authority aforesaid, That the corporate limits of said Town of Dallas, Georgia, shall be as follows, to-wit: Commencing at the northwest corner of land lot No. 205 in the 2nd district of the 3rd section of Paulding County, Georgia, thence south along the original land line to a point on said land line one hundred yards south of the Seaboard Air Line Railway, thence eastward parallel with the said Seaboard Air Line Railway on a line one hundred yards south of said railway to a point on the old Dallas and Villa Rica public road one hundred yards south of said railway, thence northward to the southeast corner of land lot No. 345, thence north to the northeast corner of land lot No. 201, thence west to the starting point, embracing all the territory within said boundary. Territorial limits. Also amend Section 57 of said charter of Town of Dallas by inserting the words one-half between the words assess and the in the 10th line, and strike all that portion of Section 57 from and including the word provided in the 13th line of said section down to and including the word block in the 24th line of said Section 57, Acts of 1911, page 1078, so that said Section 57 when amended shall read as follows: Sec. 57 to be read.

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Section 57. Be it further enacted, That the Mayor and Council shall have the full power to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said town, now, or that may hereafter be opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares, or public alleys. In order to make effective the power and authority above given, and to provide funds therefor, said Mayor and Aldermen shall have power and authority to assess onehalf the actual cost of paving sidewalks and placing curbing by the same against the real estate abutting on the street, but only on the side of the street on which the sidewalk is improved. Street-improvement assessments. The amount of assessment on each piece of real estate abutting on the sidewalk shall be a lien on said real estate from the date of the passage of the ordinance providing for the work, and making the assessment, and the Mayor and the Council shall have power and authority to enforce the collection of any amount so assessed for such improvement or work done, either to be executed by the clerk of the Council against the real estate so assessed and against the owner thereof at the date of the ordinance making the assessment, which execution shall be levied by the marshal of the town on such real estate, and after advertising and other proceedings as in case of sale of realty for town taxes the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, providing that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received, which affidavit when received shall be returned to the Superior Court of Paulding County, and there be tried and the issue determined, as in case of illegality, and subject to all the penalties provided by law in case

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of illegality or delay. The liens for assessments on abutting property and on street railroads, or other railroad companies, for street, or sidewalk paving, curbing, macadamizing, grading, or drainage, shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Lien. Executions, levy and sale. Affidavit of illegality. Priority. Also amend Section 69 by striking the words fifty cents in the 10th line of Act creating charter of Town of Dallas, Acts 1911, page 1065, and substituting in lieu thereof the words one dollar, so that said section when amended shall read as follows: Section 69. Be it further enacted by the authority aforesaid that for the purpose of raising revenue for the support and maintenance of the government of the said Town of Dallas, the Mayor and Aldermen of said town shall have full power and authority for the assessment, levying and collecting of an ad valorem tax upon all real and personal property, including money, notes, bonds, and other evidence or debt, money used in banking, and every species of property in said town, owned or held therein, if not exceeding one dollar on the one hundred dollars, exclusive of the taxes for the public schools, interest on a bonded debt, and sinking fund for the purpose of paying the principal of any bond herein-after issued, said Mayor and Council shall have the power and authority to provide by ordinance for the returns of all taxable property in said town, and to provide penalties for the neglect or refusal to attend to the same. Sec. 69 to be read. Ad valorem. tax rate. Sec. 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920.

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DALTON SCHOOL TAX. No. 563. An Act amending Section 1 of the Act of the General Assembly of the State of Georgia, approved September 28th, 1881, authorizing the Mayor and Council of the City of Dalton, Whitfield County, Georgia, to lavy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Dalton, Georgia, and for other purposes. Be it enacted by the General Assembly of Georgia, That the Act of the General Assembly approved September 28th, 1881 (Acts 1880-1881, page 480), authorizing the Mayor and Council of the City of Dalton, Georgia, to levy a tax annually for the purpose of establishing and maintaining public schools in said municipality, be and the same is hereby amended by striking from the fifth and sixth lines of Section 1 of said Act the words not to exceed five-tenths of one per cent., and substituting in lieu thereof the words not to exceed six-tenths of one per cent., so that said Section 1 of said Act when so amended shall read as follows: Act of 1881 amended. To be read. Section 1. Be it enacted by the General Assembly of the State of Georgia (the corporate authorities of the City of Dalton having so recommended), That the Mayor and Council of Dalton, Whitfield County, Georgia, is hereby authorized to levy a tax annually, in addition to that now authorized by law, not to exceed six-tenths of one per cent., for the purpose of establishing and maintaining public schools in and for the City of Dalton, Whitfield County, Georgia; provided, the sum so raised shall be used only for the purposes set forth in this section. School-tax rate. 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 9, 1920.

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DAWSON SCHOOL TAX. No. 452. An Act to amend an Act of the General Assembly approved October 16, 1889, beginning on page 1307 of Georgia Laws, establishing public graded schools in Dawson, Georgia, by striking from lines 8 and 9 the words five-tenths (5-10) and substituting therefor seven-tenths (7-10) in Section 8, page 1310, 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 establishing a system of public graded schools in the City of Dawson, beginning on page 1307 of Georgia Laws, 1889, approved October 16, 1889, be and the same is hereby amended by striking from Section 8 the words five-tenths (5-10) as found in lines 8 and 9 of said section, and substituting therefor the words seven-tenths (7-10), so that said paragraph when amended shall read as follows: Section 8. Be it enacted, That said Board of School Commissioners shall determine, as early as practicable, after the beginning of each scholastic year, what amount of money it will be necessary to raise by taxation, to defray the expenses of said public schools for the ensuing year, and shall lay the same before the Mayor and Council of said city, and it shall be the duty of said Mayor and Council to proceed to levy and collect the same: Provided, the rate of taxation under this Act, shall not exceed seven-tenths (7-10) of one per cent. per annum. (The remainder of the paragraph to remain.) Act of 1889 amended. To be 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 July 31, 1920.

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DECATUR CHARTER AMENDED. No. 659. An Act to amend an Act entitled An Act to amend, revise, consolidate and supersede the several Acts incorporating the Town of Decatur, in the County of DeKalb, Georgia, and to create and establish a new charter and municipal government for said town, to define the rights, powers and duties of the same, to repeal conflicting laws, and for other purposes, approved August 17, 1909, and the Acts amendatory thereof, so as to prescribe the qualification of electors, the method of holding elections in said town, and the form of ballot to be used in said elections; to provide for the recall of all elective officers of said town; to abolish the present form of city government by Mayor and Council and substitute therefor the commission form of government, with a City Manager; to prescribe the duties and powers of such Commission and such City Manager; to provide for such other administrative officers, in addition to said City Manager, as may be necessary for the administration of the affairs of said town; to provide a system of finances for said town; to repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the present form of government for said Town of Decatur by Mayor and Council be and the same is hereby abolished. Act of 1909 to be amended. Form of government abolished. Sec. 2. Be it further enacted by the authority aforesaid, That in lieu of the Mayor and Council of said town, a commission of five, to be elected from among the qualified voters of said town, is hereby created and constituted the governing and legislative body of said town. Commission of five. Sec. 3. Be it further enacted by the authority aforesaid, That an election shall be held under the provisions

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of this Act on the 17th day of November, 1920, and five Commissioners shall be elected to constitute the governing and legislative body of said town. Election. Sec. 4. Be it further enacted by the authority aforesaid, That the present Mayor and Council of said town shall continue in office until the first Monday in January, 1921, when said Commission shall assume the duties prescribed for it in this Act and shall take over the government of said town as herein provided; but said Commission shall meet on the 22nd day of November, 1920, and take the oath of office hereinafter prescribed. Two of said Commissioners shall serve for one year from the first Monday in January, 1921, and three shall serve for two years from the first Monday in January, 1921, and until their successors shall have been elected and qualified, it being determined among them by lot which shall serve for the short term and which shall serve for the long term. In 1921, at the time hereinafter specified for holding elections for Commissioners for said town, two Commissioners shall be elected to serve for two years from the first Monday in January, 1922, and until their successors shall have been elected and qualified, and similarly in 1922 three Commissioners shall be elected to serve for two years from the first Monday in January, 1923, and until their successors shall have been elected and qualified. Thereafter elections shall be held annually on the first Wednesday in December to elect Commissioners for said town, two being elected the first year and three the second, and so on alternately every year, said Commissioners serving for two years from the first Monday in January succeeding the date of their election and until their successors shall have been elected and qualified. Duties begin Jan. 3, 1921. Meet Nov. 22, 1920. Terms of office. Sec. 5. Be it further enacted by the authority aforesaid, That at said meeting of November 22, 1920, said Commission shall advertise for a City Manager as hereinafter directed, and shall at its first meeting in January,

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1921, if practicable, and if not, as soon thereafter as possible appoint a City Manager. City manager. Sec. 6. Be it further enacted by the authority aforesaid, That at the first meeting of the Commission in January, 1922, and on the first Monday in every year thereafter, it shall elect one of its members to serve as Chairman for one year from the first Monday in January of the year of his election as Chairman, and until his successor shall have been elected and qualified, who shall be ex-officio a member of the Board of Education. Chairman. Sec. 7. Be it further enacted by the authority aforesaid, That the Commission herein created and constituted the governing body of said town be and it is hereby vested with all the rights, powers, duties and authority now vested by the charter of said town in the Mayor and Council of said town, except as hereinafter restricted. Powers and duties. Sec. 8. Be it further enacted by the authority aforesaid, That the Mayor shall have no veto power, but shall have the same power to vote upon all questions passed upon as other Commissioners. No veto power. Sec. 9. Be it further enacted by the authority aforesaid, That the Commissioners before entering upon the duties of their office shall take and subscribe the following oath, to-wit: I do solemnly swear that I will well and truly demean myself as Commissioner of the Town of Decatur for the ensuing term, and that I will faithfully enforce the charter and ordinances of said town, to the best of my ability, without fear or favor, and in all my acts as Commissioner act as I believe for the best interest of said town; so help me God. Oath of office. Sec. 10. Be it further enacted by the authority aforesaid, That said Commission shall meet regularly twice a month, and oftener if business requires. Special meetings may also be held at any time upon call of the Chairman, or any three members of the Commission, the object of the meeting being stated in the call. Notice of

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every called meeting shall be given to the members of the Commission. All meetings shall be open to the public unless special consideration of a peculiar nature demand that a meeting be secret, when it can be so declared by a majority of the Commission. Abstracts of the minutes of all meetings of the Commission shall be published in the newspaper of the town having the largest circulation, and the minutes of all meetings shall be open to inspection of the public at all convenient times. Meetings. Minutes published. Sec. 11. Be it further enacted by the authority aforesaid, That the Commission shall annually at its first meeting elect one of its body to serve as Vice-Chairman or Mayor pro tempore, in the absence of the Chairman. Vice-chairman. Sec. 12. Be it further enacted by the authority aforesaid, That the Commission shall appoint the chief administrative officer of the town as hereinafter provided, and shall hold him responsible for the proper and efficient administration of the town government. Manager. Sec. 13. Be it further enacted by the authority aforesaid, That vacancies in the Commission shall be filled at a special election to be called by the governing body, unless a regular election is to be held within ninety days, in which case the vacancy shall be filled for the unexpired term at the next regular election. Vacancies. Sec. 14. Be it further enacted by the authority aforesaid, That the Mayor, and in his absence or disqualification, the Mayor pro tempore, and in the absence or disqualification of both, any Commissioner that may be designated by the City Manager, shall act as Judge of the Police Court. For his services as Judge of the Police Court the Mayor shall receive such sum as the governing body of the town may by ordinance fix. Judge of police court. Sec. 15. Be it further enacted by the authority aforesaid, That each of the Commissioners, including the Mayor, shall be paid an attendance fee of five dollars for each regular meeting of the Commission attended, not

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to exceed two in any one month, provided, that no Commissioner shall be paid such attendance fee for any meeting unless he shall be actually present at such meeting not later than fifteen minutes after the time for said meeting to convene, and shall not leave said meeting until adjourned. Attendance fee. Sec. 16. Be it further enacted by the authority aforesaid, That the chief administrative officer of said town shall be known as City Manager, and shall be appointed by the Commission for an indefinite term, holding office until his death, resignation or removal by the governing body of the town. City manager's tenure. Sec. 17. Be it further enacted by the authority aforesaid, That the City Manager shall be chosen solely on the basis of administrative qualifications from among all candidates who apply in answer to advertisements inserted in such leading newspapers and periodicals of the United States as may be directed by the governing body of the town, or from other persons. The choice shall not be limited by reason of former residence. Manager's qualifications. Sec. 18. Be it further enacted by the authority aforesaid, That the City Manager shall be removable at any time by the governing body upon thirty days notice. He may demand written charges and a public hearing on the same before the governing body at any time before the expiration of the thirty days. From the action of the governing body there shall be no appeal. Removal. Hearing. Sec. 19. Be it further enacted by the authority aforesaid, That an adequate salary shall be paid the City Manager, to be fixed by the governing body. Salary. Sec. 20. Be it further enacted by the authority aforesaid, That the City Manager shall be responsible to the governing body of the town for the proper administration of all the affairs of the town, except as otherwise herein provided; that all appointments to positions in the administrative service of the town shall be made or

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confirmed by him, except that the heads of the several departments, including the town treasurer, shall be nominated by him and confirmed by the governing body, and except that he shall have no voice in selecting the Board of Education or the Sinking Fund Commission, which two bodies shall be selected by the governing body. All disciplinary measures shall be applied by the City Manager, except in connection with members of the Board of Education and the Sinking Fund Commission, and except that the treasurer or the head of any department removed by him shall have the right to appeal to the governing body within ten days from removal, which body shall have the right to reinstate such removed officer, if in their judgment he shall have been unjustly removed. Manager's administration and appointing power. Sec. 21. Be it further enacted by the authority aforesaid, That while the City Manager shall have no voice in the educational affairs of the town, he shall supervise the construction of such buildings as may be planned from time to time by the Board of Education and approved by the governing body, and shall see to the execution of improvements planned by the Board of Education and approved by the governing body, such as buildings, play grounds and other physical equipment to be used in the Department of Education. School buildings. Sec. 22. Be it further enacted by the authority aforesaid, That the City Manager shall prepare and submit the annual budget. He shall make recommendations to the governing body in all matters concerning the welfare of the town. The City Manager shall attend at every meeting of the governing body, but shall have no vote. Budget and recommendations. Sec. 23. Be it further enacted by the authority aforesaid, That there shall be six administrative departments, as follows: Law, Engineering and Construction, Health, Safety and Welfare, Education, and Finance. At the head of each department there shall be a director. By ordinance the Commission may provide that one or more

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departments may be under the control of the same director, and may provide that one or more offices shall be held by the same person. Administrative departments. Sec. 24. Be it further enacted by the authority aforesaid, That the directors of departments shall be immediately responsible to the City Manager for the proper administration of their departments. It shall be their duty to make regular reports concerning the work of their departments to the City Manager, and to furnish him at all times with such information as he may desire concerning their departments; but this section shall not apply to the Board of Education and to the Sinking Fund Commission. Directors' duties. Sec. 25. Be it further enacted by the authority aforesaid, That there shall be appointed a Purchasing Agent, but the duties of the Purchasing Agent may be performed by the City Manager, unless imposed upon some other officer or otherwise provided by the governing body by ordinance. Purchasing agent. Sec. 26. Be it further enacted by the authority aforesaid, That no appointment to any position shall be made upon any other grounds than those of fitness, and no appointment shall be made to any administrative position in the town of any person related to any member of the governing body or the City Manager nearer than the fourth degree. Appointments. Sec. 27. Be it further enacted by the authority aforesaid, That the town accounts shall be kept in such manner as to show fully at all times the financial condition of the town, and the books shall be open to the public for inspection. The City Manager shall see that the Director of Finances has the town's accounts kept in the most approved fashion, including all necessary balance sheets, in detail and in summary, revenue and expense statements, operation statistics, and other reports necessary to show completely each month the state of the town's finances. Financial accounts.

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Sec. 28. Be it further enacted by the authority aforesaid, That expenditures shall be legal only on the basis of appropriation in the budget, for which expenditures warrants shall be issued by the Director of Finances and countersigned by the City Manager and Mayor, except in cases of emergency, which shall be so declared by the governing body, the facts being stated by resolution, and warrants therefor being issued as aforesaid. Expenditures. Sec. 29. Be it further enacted by the authority aforesaid, That contracts shall be awarded by the City Manager, only after bona fide competitive bidding, to the lowest responsible bidder, where the amount to be paid by the town exceeds one hundred dollars. All purchases of supplies shall be made through a central purchasing agent at the lowest obtainable prices. No contract shall be valid in which any member of the governing body, the City Manager, or director of any department, is directly or indirectly interested. Contracts. Sec. 30. Be it further enacted by the authority aforesaid, That it shall be the duty of the Director of Finances to see that all moneys belonging to the town are deposited with such responsible bank as may be designated by the governing body. Deposits of money. Sec. 31. Be it further enacted by the authority aforesaid, That the pay roll of the town shall be certified each week to the Director of Finance by the directors of departments and the City Manager. In no case shall more than one-twelfth of the sum appropriated for any yearly salary be available in any one month. Pay-roll. Sec. 32. Be it further enacted by the authority aforesaid, That the annual budget shall be prepared by the City Manager on the basis of estimates submitted by the directors of departments. The budget as then made up shall be submitted to the governing body of the town for adoption or rejection or amendment and adoption. Ten days notice by publication in the official newspaper of the town of the day when said budget will be acted

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on shall be given by the governing body, and printed copies of the budget as recommended by the City Manager shall be available for distribution at the city hall at least one week before the time set for considering said budget, and the published notice shall so state. The consideration shall be in open meeting, and at least one day shall be given, if desired, to hearing protests and objections, oral or written, to any items in the budget or any omissions therefrom. The Mayor shall see that the time allowed for these public objections be as equitably divided among those desiring to be heard as may be possible. Annual budget. Publication of notice. Obpections heard. Sec. 33. Be it further enacted by the authority aforesaid, That the accounts of all departments of the town shall be audited at least once each year by a disinterested certified public accountant, to be designated by the governing body of the town, a summary of which audit shall be published in the official newspaper of the town. Audit of accounts. Sec. 34. Be it further enacted by the authority aforesaid, That the qualification of electors in and for said town shall be the same as now prescribed by the charter of said town. Electors qualified. Sec. 35. Be it further enacted by the authority aforesaid, That the manner of holding elections in and for said town shall be the same as prescribed by the present charter of said town, except as to the form of ballot to be used in all elections for choosing elective officers for said town and the method of counting the same, which ballots and the methods of counting the same, whether in a primary election or in a general election, shall be as follows: The ballots shall be printed by the town and shall contain the names of the candidates without party or other designation. The order of the arrangement of the names shall be alphabetical. After the columns containing the names of the candidates, arranged as indicated, there shall be printed three columns headed first

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choice, second choice, and other choices, respectively. Each voter shall be entitled to place as many crosses in the column marked first choice as there are offices to be filled. He shall also be entitled to place as many crosses in the column market second choice as there are offices to be filled, provided that he may not mark a cross in the column marked second choice after a name for which he has marked a cross in the first column. He may also place in the column marked other choices crosses after any names which he has not designated as first or second choice. The ballots shall be counted by adding up the first choices cast for each candidate. If any candidate receives a number of first choices equal to a majority of all the ballots cast, they shall be declared elected in the order of the votes received. If no candidate has received such a majority, then the number of second choices cast for each candidate shall be counted and shall be added to the number of first choices. Any candidates who have now a total of first and second choices equal to a majority of all ballots cast shall be declared elected in the order of the number of votes received. If not a sufficient number of candidates have yet received the required majority, the other choices cast for each candidate shall be added to his first and second choices, and candidates shall be declared elected in the order of the number of votes received. In case of a tie, the order of precedence shall be determined by lot. Elections and ballots. Declaration of result. Sec. 36. Be it further enacted by the authority aforesaid, That any elective officer of the town shall be subject to a recall election at any time after six months of his term has expired. The petition for the recall election must be signed by twenty-five per cent. of the qualified voters of the town as shown by the list of registered voters kept by the town clerk. The election must be held within thirty days of the filing of the petition, the date to be fixed by the governing body, unless a regular election occurs within sixty days, in which case the

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voters shall vote on the recall at the regular election. In either case there shall be a special ballot containing the name of the officer, the position which he holds, and the dates of the beginning and termination of his official term. Below the name of the officer shall be the two phrases, For the recall, and Against the recall, one below the other, with a space after each for the placing of a cross where desired. If a majority of the ballots and at least thirty-three per cent. of the registered voters show a vote for the recall, the office in question shall be thenceforth vacant. Recall election. If an officer is recalled as provided above, he shall not be eligible for re-election at the special election at the special election to be called for filling the vacancy thus created. He shall be eligible for re-election when the term for which he was originally elected shall have expired. Eligibility to reelection. If a recall election results in a failure to secure a majority of votes in favor of the recall, the officer in question shall not again be subject to a recall election until after the expiration of a year from the time at which the first recall election was held. One year between recall elections. Vacancies created by a recall election shall be filled in the same manner as is provided for the filling of vacancies in the governing body due to other causes. Vacancies. Sec. 37. Be it further enacted by the authority aforesaid, That all wards in said town be and they are hereby abolished, the Commissioners being elected from the town at large, but the governing body of said town shall have power to fix and establish as many voting places as may be necessary for the convenience of the citizens, and change the same from time to time. Wards abolished. Sec. 38. Be it further enacted by the authority aforesaid, That this Act shall not become operative and effective unless ratified by a majority of the qualified electors of said town voting at an election to be held

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on the 20th day of October, 1920, for the purpose of submitting the ratification of this Act to the qualified voters of said town. The ballots to be used shall have printed on them For ratification of the Act of 1920 amending the charter of the Town of Decatur, and Against ratification of the Act of 1920 amending the charter of the Town of Decatur. If a majority of the votes cast in said election are for ratification, the Mayor and Council of said town shall declare said Act ratified, and shall so enter upon the minutes of the Council. The Mayor and Council shall make all necessary provision for holding said election under the same rules as elections are held in said town. This act submitted to popular vote Sec. 39. 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 16, 1920. DECATUR COUNCILMEN; COMPENSATION. No. 772. An Act to amend an Act, approved August 17, 1909, providing a new charter for Town of Decatur, in the County of DeKalb, and the Acts amendatory thereof, so as to provide for the compensation for the services of Councilmen of said town as Council members, 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 each member of Council of the Town of Decatur shall be paid an attendance fee of five dollars for every regular meeting of the Mayor and Council attended, not to exceed, however, the sum of ten dollars in any one month; provided no Councilman shall be paid such attendance fee for any meeting unless he shall be

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actually present at such meeting not later than fifteen minutes after the time for said meeting to convene, and shall not leave said meeting until adjourned. Act of 1909 to be amended. Attendance fee of councilmen. 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 16, 1920. DECATUR TERRITORIAL LIMITS EXTENDED. No. 745. An Act to amend an Act, approved August 17, 1909, providing a new charter for Town of Decatur in the County of DeKalb, and the several Acts amendatory thereof, so as to change and extend the corporate limits of said town by the incorporation of additional and contiguous territory therein, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That the charter of the Town of Decatur, in the County of DeKalb, be and the same is hereby amended by changing and extending the corporate limits of said town so as to include therein the following described additional territory, to-wit: Act of 1909 amended. All that tract or parcel of land, lying and being in land lot six (6) in the eighteenth (18th) district of DeKalb County, Georgia, and more particularly described as follows: Commencing on the southeast side of Erie Avenue where the present north line of the corporate limits of said town intersects said avenue, and running thence in an easterly direction along the north line of said corporate limits to the west side of Church Street, or Lawrenceville Road; thence in a northerly direction along the west side of the Lawrenceville Road

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to the west Lucerne Street; thence in a northwesterly direction along the southwest side of Lucerne Street and Champlain Street to the west side of Huron Street; thence in a northerly and northwest direction along the west and southwest side of Huron Street to the west side of Superior Street; thence north along the west side of Superior Street to the north line of land lot six (6); thence west along the north line of land lot six (6) to the northwest corner of said land lot; thence south along the west line of land lot (6) six to the north line of the present corporate limits of said Town of Decatur; thence southeasterly along the north line of said corporate limits to the point of beginning. Additional territory defined. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act said additional territory shall become a part of the Town of Decatur, and the residents thereof; and the property therein shall be subject to the laws and ordinances of force at the time of the passage of this Act, and to such laws and ordinances as may hereafter be passed to the same extent as other residents and other property of said town are subject. Subject to laws, etc. Sec. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved Aug. 16, 1920. DE SOTO; CORPORATE LIMITS ENLARGED. No. 698. An Act to amend an Act entitled An Act to incorporate the Town of DeSoto, in the County of Sumter, to confer municipal powers and privileges upon the same, and for other purposes, approved November 7, 1889, so as to enlarge the corporate limits of the Town of DeSoto, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act Section 111 of the Act approved November 7th, 1889, be amended and the same is hereby amended by adding at the end thereof the following: Except on the west side, where the Seaboard Air Line Railroad (formerly the Americus, Preston Lumpkin Railroad) intersects said corporate limits and extending at this point said corporate limits west 29 1-2 degrees south a distance of 7 chains and 23 links; thence south 13 chains and 6 links; thence east 9 chains and 64 links, to a point where it intersects the present corporate limits of the Town of DeSoto, so that said section when so amended will read as follows: Act of 1889 amended. To be read. Section 111. Be it further enacted, That the corporate limits of the Town of De Soto shall extend one-half mile in every direction, from the depot of the Americus, Preston Lumpkin Railroad as now located in said town, except on the west side where the Seaboard Air Line Railroad (formerly the Americus, Preston Lumpkin Railroad) intersects said corporate limits, and extending at this point said corporate limits west 29 1-2 degrees south a distance of 7 chains and 23 links; thence south 12 chains and 6 links; thence east 9 chains and 64 links to a point where it intersects the present corporate limits of the Town of DeSoto. Territorial limits. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920.

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DOERUN SCHOOL TAX. No. 585. An Act to amend an Act entitled an Act to establish a system of public school or schools for the Town of Doerun, in Colquitt County, State of Georgia, approved November 26th, 1901, as amended by the Act approved December 17, 1902, by striking from the seventh (7th) line of Section 1 of said original Act, approved November 26, 1901, the words and figures one-fourth (1-4) of one per cent., and by inserting in lieu thereof, the words and figures eight (8) mills, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act entitled an Act to establish a system of public school or schools for the Town of Doerun in Colquitt County, State of Georgia, approved November 26, 1901, as amended by the Act approved December 17, 1902, is hereby amended by striking from the seventh (7th) line of said Section 1 of said original Act, approved November 26, 1901, the words and figures one-fourth (1-4) of one per cent., and by inserting in lieu thereof the words and figures eight (8) mills, so that when so amended said Section 1 of said Act shall read as follows: Act of 1901 amended. To be read. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same, the corporate authorities of the said Town of Doerun having so recommended, That the Mayor and Aldermen of the Town of Doerun are hereby authorized to levy and collect a tax annually, in addition to that now allowed by law, not to exceed eight (8) mills on all the taxable property of the said town, as shown by the regular digest of property prepared for the purpose of town taxation, for the purpose of establishing and maintaining a system of public school or schools for

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the said town, said fund to be used for no other purpose. School-tax rate. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflit with this Act be and the same are hereby repealed. Approved August 10, 1920. DOUGLAS SCHOOL TAX. No. 524. An Act to amend an Act approved August 17th, 1918, entitled An Act to amend an Act approved December 21st 1899, entitled `An Act to provide for a system of public schools for the Town of Douglas, Coffee County, Georgia, to provide by a special tax for the support and maintenance of same; to provide suitable buildings therefor; to establish a Board of Education to conduct the same, and for other purposes,' so as to provide for a levy and collection of a tax not to exceed one-half of one per cent. per annum on taxable property for school purposes, so as to provide for a levy and collection of a tax not to exceed three-fourths of one per cent. per annum on taxable property for school purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and the same is hereby enacted by the authority of the same, That from and after the passage of this Act, that Section 1 of Act approved August 17th, 1918, be and the same is hereby amended by the authority aforesaid by striking the word one-half from the sixth line on page 692 of Acts of 1918 of said Section 1, and inserting in lieu thereof, the words three-fourths, and by striking the words one-half in the twelfth line of said page and said Section, and inserting in lieu thereof, the words three-fourths, so that the act

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approved December 21st, 1899, Section 12 thereof when amended, shall read as follows: Act of 1918 amended. To be read. Sec. 12. Be it further enacted, That if the election herein provided for shall be in favor of public schools, then the Mayor and Council of said Town of Douglas, shall be authorized and empowered to assess, levy and collect annually a tax, in addition to that now provided by law, not to exceed three-fourths of one per cent. per annum on all taxable property of said town, which shall be used solely and exclusively for the purpose of establishing and maintaining said schools, and providing furniture, apparatus, grounds and buildings for said schools. This tax shall be collected by the first day of January of each year after the same is assessed and levied in like manner as other taxes are collected, and shall be turned over to the said Board of Education to be used for the purpose aforesaid and no other; provided, however, that the provisions of this Act shall not go into full effect until said supplementary tax herein provided for shall have been levied and collected. School-tax rate. 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 7, 1920. DOUGLAS STREET TAX. No. 548. An Act to amend the new charter of the City of Douglas, Coffee County, Georgia, approved December 20th, 1899, so as to provide for the collection of not more than six dollars per year as commutation street tax in the City of Douglas, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and the same is hereby enacted by

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the authority of the same, That from and after the passage of this Act, that Section 19 of said Act approved December 20th, 1899 be, and the same is hereby amended by striking from the last line of Section 19 of said Act on page 190 of Acts of 1899, the word three and inserting in lieu thereof the word six, so that Section 19 of said Act approved December 20th, 1899, when amended, shall read as follows: Act of 1899 amended. To be read. Section 19. Be it further enacted, That the Mayor and Aldermen of said city shall have authority and power to compel all male persons (except such as may be specially exempted under the law) within the corporate limits of said city, between the ages of sixteen and fifty years, to work on the public streets, squares, lanes and alleys of said city not more than fifteen days during each year; provided, that any persons subject to work on said streets may commute the services so required by the payment to the officer of said city authorized to receive and receipt for the same, such sum as may be fixed by said Mayor and Aldermen, provided that said sum shall not exceed six dollars per year. Commutation tax. Section 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 7, 1920. DUBLIN TAX RATE. No. 714. An Act to amend an Act entitled An Act to create a new charter for the City of Dublin, in the County of Laurens, and to reincorporate said city and define its teritorial limits, etc., approved August 15, 1910, and Acts amendatory thereof, by amending Section 2 of an amending Act, approved August 17, 1916, so as to provide for the amount of ad valorem tax collected

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in said city to be used for public schools, also by amending said section so as to authorize the collection of an ad valorem tax, and fixing the amount thereof, and for other purposes; and to provide when the provisions of the foregoing shall take effect. Section 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 amendatory Act, approved August 17, 1916, be and the same is hereby amended by striking out the words Twelve and one-half in the eleventh and twelfth lines of said section and inserting in lieu thereof the following words: Fifteen, so that said section, when amended, shall read as follows: Be it further enacted, That the Mayor and Board of Aldermen shall have power and authority to levy and collect an ad valorem tax of not exceeding fifteen mills upon all property, real and personal, within the limits of the city, and upon banking, insurance and other capital employed therein; they shall have power and authority to levy and collect a specific tax on factories, bankers, agents or managers of gift enterprises, and upon all persons exercising within the city a profession, trade, calling or business, of any nature whatever; provided, said tax is not in conflict with the laws of this State. They shall have power and authority to tax all theatrical performances, circuses, street parades, exhibitions or shows of any kind within the corporate limits of the city. They shall have power and authority to levy and collect a street tax on every male inhabitant of the city subject to road duty between the ages of 16 and 50 years; provided, said street tax shall not exceed the sum of three dollars per annum for each person; and provided, further, that such person may satisfy the same by working ten days on the streets under the direction of the city authorities; in case of failure to do said work or pay said street tax the Mayor and Board of Aldermen may enforce the same by fine, execution or compulsory labor on said streets at their direction. Act of 1916 amended. To be read. Tax rate.

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Section 2. Be it further enacted by the authority aforesaid, That Section 4 of said amending Act, be and the same is hereby amended by striking out the words four-tenths of one per cent. in the eighth line of said section, and by inserting in lieu thereof the words six and one-half mills upon all property, both real and personal, within the limits of the City of Dublin, so that said section, when amended shall read as follows: Be it further enacted, That the Mayor and Board of Aldermen shall not in any one year collect a tax exceeding six and one-half mills upon all property both real and personal on the taxabe property of said city for the support and maintenance of said public schools. School-tax rate. Sec. 3. Be it further enacted by the authority aforesaid, That the ad valorem tax of 15 mills authorized by Section 1 of this Act be appropriated by the Mayor and Aldermen of the City of Dublin as follows, to-wit: Eight and one-half mills for the support of the government of the City of Dublin, or to pay any appropriation, that may be made by the Mayor and Council of said city; the remaining six and one-half mills to be used for the support and maintenance of the public schools of the City of Dublin, or so much thereof as the Mayor and Council may deem necessary for the support of said schools. Appropriation of tax. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. DUDLEY TAX RATE. No. 701. An Act to amend Acts approved December 17, 1902, and August 16, 1912, relating to charter of Dudley, Georgia.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act creating a charter of the Town of Dudley in Laurens County, is hereby amended so as to allow the Mayor and Council of said town to levy and collect an ad valorem tax of one per centum on all property, real and personal, in said town in lieu of the rate of one-half of one per centum as mentioned in the original Act of incorporation. Act of 1902 to be amended. Ad valorem 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 16, 1920. EAST POINT, CITY OF; SALES OF PROPERTY. No. 734. 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 Section 66 of said Act will be amended so as to allow the marshal or chief of police of said City of East Point to hold, conduct, and make sales of property levied upon to satisfy executions for taxes and other indebtedness to said city in front of the City Hall of said City of East Point, instead of at the place where sheriffs and constables sales are held and made, 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 66 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 said section beginning with the word any in line 19 of said section on page 904 of the Acts of 1912, and ending with

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the word place in line 20 of said section, and the following inserted in lieu thereof: Except any sales thereunder of either real or personal property shall be made in front of the City Hall in said City of East Point, so that said section when amended shall read as follows: Be it further enacted, That the City Council shall by ordinance provided for the form of all accusations, affidavits and warrants to be issued in all trials or violations of the city ordinances and the procedure in all such trials. All executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessment, taxes, or other claim, demand or debt shall be issued by the clerk and bear test in the name of the Mayor or Mayor pro tem. (except where otherwise provided) and shall be directed to the chief of police, marshal and police officers of said city, and to all and singular the sheriffs and constables of this State, and shall state for what issued and made returnable to the City Council of the city ninety days after the issuing of the same; and it shall be the duty of the marshal or other collecting officer to levy the same and advertise the sale of any real or personal property so levied upon, in the same manner as sheriffs' sales of real property or constables' sales of personal property are required by law to be made. Except any sales thereunder of either real or personal property shall be made in front of the City Hall in said City of East Point, and within the usual hours of sheriffs' and constables' sales, and under the same rules and regulations as govern sheriffs' and constables' sales of similar property. Whenever any real estate is sold for taxes the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent. premium thereon and interest on said principal amount at the rate of seven per cent. per annum. Whenever at any such sales for taxes due no one present shall bid for the property put up for sale as much as the amount of such executions and all costs after such property shall have been cried a reasonable time, then any duly authorized or appointed

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agent of the city may bid off such property for said city, and the marshal or such other officer making the sale shall make the City of East Point a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and valid after the period provided for the redemption by the owner shall have expired and the marshal or other officer making the sale shall put said city in possession, and the City Council shall have no right or authority to divert or alienate the title of the city to any property so purchased, except by public sale to the highest bidder in the manner to be prescribed by the ordinances of said city. The clerk of said city shall enter on his execution docket to be kept by him all executions issued, giving the date, amount of each, to whom delivered, the return and all proceedings thereunder; said executions after being satisfied shall be returned to the offive of the clerk and there filed. All sales and conveyances made under executions as provided in this Act shall have all the force and effect of sales and conveyances made by sheriffs of this State and the officer making the sale shall have the same power as sheriffs to put purchasers of property sold by them in possession. Act of 1912 amended. To be read. Place of sales. Section 2. 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 16, 1920. EAST POINT SCHOOL TAX. No. 708. An Act to amend an Act approved August 20, 1917, amending an Act approved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton, whereby Section 2 of said amendatory Act will be amended so as to increase the ad valorem

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tax rate for the support and maintenance of the public schools of said City of East Point from one-half of one per cent. to three-fourths of one per cent. of the value of all the taxable property within 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 2 of the amendatory Act amending an Act 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 the words one-half in line 23 of said section, on page 670 of the Acts of 1917, and inserting in lieu thereof the words three-fourths, so that said section when amended shall read as follows: Act of 1912 amended. To be read. 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 assessment 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 of more than three-fourths 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.

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Sec. 2. Be it further enacted by the authority aforesaid, That before the provisions of this Act shall become operative, the same shall be submitted to the qualified voters of the City of East Point at an election to be called by the Mayor and Council for such purposes, and if a majority of those voting at said election shall approve of this Act, then each and all of the provisions of this Act shall become effective, but if a majority of those voting at said election should fail to approve of this Act, then the same shall remain inoperative. At said election those voting in favor of this Act shall have written or printed on their ballot the words For School Tax Increase, and those voting against this Act shall have written or printed on their ballot the words Against School Tax Increase. Said election shall be held in the same manner that elections for Mayor and Councilmen are held, and the managers of said elections shall make their returns to the Mayor and Council, who shall receive same and declare the results thereof, which shall be entered on the minutes of the Mayor and Council. The Mayor and Council shall open a registration book in which any one desiring to vote in said election shall register, in the same manner as required for registration for voting in elections for the Mayor and Councilmen, at least thirty days before the holding of said election and shall close said registration book at least ten days before said election. The Mayor and Council are authorized to fix the date for said election at such time as they may deem proper, and to give such notice of the time and place of such election as in their discretion they may deem proper. This act submitted to popular vote. Sec. 3. Be it further enacted, That all laws or parts thereof in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1920.

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EAST THOMASTON CHARTER AMENDED. No. 556. An Act to amend an Act incorporating the Village of East Thomaston, approved August 16th, 1909, by extending the corporate limits of said village, and defining said limits; to fix the punishment of violators of the ordinances of said village; to provide for the appointment of three Commissioners for said village and the election by said Commissioners of a Recorder for said village and defining the powers of said Recorder, and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that Section 1 of an Act incorporating the Village of East Thomaston, approved August 16th, 1909, be amended by striking out that part of said section defining the corporation limits of said village, and inserting in lieu thereof the following boundary lines as the corporate limits of said Village of East Thomaston: Beginning where the south boundary line of the property of the Thomaston Cotton Mills intersects the city limits of Thomaston, Georgia, said point of intersection being 3960 feet N, 86 degrees, 50 minutes E. of the center of the three-quarter-mile radius circle bounding the said limits of the City of Thomaston, Georgia; thence East 3,250 feet to a point; thence north 2,355 feet to a point; thence north 31 degrees, 37 minutes west, 4,257 feet to a point; thence west 5,043.5 feet to a point; thence south 2,650 feet to a point of intersection with the above described city limits of the City of Thomaston; thence southeasterly along said city limits 6,111 feet, more or less, to a point of beginning. Act of 1909 amended. Territorial limits. Sec. 2. Be it further enacted by authority aforesaid, That the municipal government of said village shall consist of three Commissioners who shall be appointed by the Judge of the Superior Court of Upson

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County, who are qualified voters of said village and bona fide residents of same; one of said Commissioners shall be appointed for one year, one for two years, and one for three years. All subsequent appointments shall be for a term of three years; said Commissioners shall hold their office till their successors are appointed and qualified. The term of said Commissioners shall begin on the first day of January, 1921; in case a vacancy occurs in the Board of Commissioners so appointed by death, resignation, or otherwise, the Judge of the Superior Court shall appoint some qualified person to fill said vacancy for the unexpired term. Commissioners; appointment, terms, etc. Sec. 3. Be it further enacted, That the Commissioners so appointed shall elect one of their number chairman of the Commissioners of said village, and shall also elect one of their number chairman pro tem. of Commissioners of said village, who shall act in the absence or disqualification of the chairman. Chairman. Sec. 4. Be it further enacted, That said Commissioners shall have power and authority to establish a Recorder's Court for the Village of East Thomaston, and to appoint a Recorder of said court, which Recorder shall receive such compensation as the Commissioners may fix. Said court shall have jurisdiction to try offenses against the laws and ordinances of said village and to punish for the violation of the same; said court shall have power and authority to enforce its judgments, by the infliction of such penalties as may be provided by law; to punish witnesses for non-attendance or disobeying of the processes of said court; said court shall be presided over by the Recorder, or in his absence or disability by the chairman or chairman pro tem. of the Commissioners; said court shall be held as often as necessary to try offenders. Said Recorder shall be bona fide resident of said village and must be 21 years of age before entering on the duties of his office; he shall take an oath before the chairman of said Commissioners or some officer authorized to administer oaths, that he will truly, honestly, and

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faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. Said Recorder shall hold his office at the pleasure of the Commissioners of said village, and he shall have power to impose fines for the violation of any law or ordinance of said village to an amount not to exceed one hundred dollars; to imprison offenders in the village prison or labor on the public works or streets of said village not to exceed 90 days. Said Recorder is hereby authorized to issue warrants for the arrest of all person charged upon affidavit made before him with having committed within the limits of said village offenses against any penal law of this State, and to take the examination of such person and the same to discharge or commit to prison or let to bail, according to law to answer such charge before the proper court having jurisdiction in the same manner as justices of the peace of the several counties of the State now or may hereafter have by law, which warrants shall be addressed to the marshal, deputy marshal of said village, and to all sheriffs, deputy sheriffs or constables of this State, and either of said officers shall have authority to execute said warrants as sheriffs now have. Recorder's court. Jurisdiction. Recorder's duties and powers. Sec. 5. Be it further enacted, That so much of the above recited Act approved August 16th, 1909, incorporating said village of East Thomaston, not in conflict with this Act, is not intended to be repealed by this Act, but same shall remain in force, but so far as said Act is in conflict with this Act same is hereby repealed. Provisions remaining effective. Approved August 9, 1920.

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EATONTON CITY CLERK'S SALARY. No. 695. An Act to amend an Act approved August 5th, 1908, entitled An Act to create and establish a new charter for the City of Atlanta, to declare the rights, powers and privileges of said corporation, and for other purposes, and the several Acts amendatory thereof, so as to provide for the fixing of the salary of the city clerk by the Board of Council, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, Section Eight (8) of the Act aforesaid and the amendments thereof, be and the same is hereby amended by striking from said section the words and figures, to-wit: The clerk shall receive a salary not exceeding two hundred and fifty dollars ($250.00) a year, and by inserting in lieu thereof the following: The city clerk shall receive such salary as the Board of Council shall fix, and the Board of Council is hereby authorized and required to fix the salary of the city clerk at its first meeting in September after the passage of this Act (or at its first meeting thereafter) and biennially thereafter, which salary shall remain the same during his term of office, so that when amended, said section shall read as follows, to-wit: Section 8. On the first Wednesday in August, 1914, and biennially thereafter, there shall be elected by popular vote in the same manner as the Mayor and Council are elected a city clerk who shall be ex-officio tax collector, a treasurer and an auditor each of whom shall hold office for two years and until his successor is elected and qualified. The city clerk shall receive such salary as the Board of Council shall fix, and the Board of Council is hereby authorized and required to fix the salary of the city clerk at its first meeting in September after the passage of this Act (or at its first meeting thereafter) and biennially thereafter,

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which salary shall remain the same during his term of office; the treasurer a salary not exceeding fifty ($50.00) dollars a year, which compensation shall remain the same during the term of office. The auditor shall receive such compensation as is fixed by Council. Aldermen, when not otherwise prohibited by law, but not the Mayor, shall be eligible to election as clerk or treasurer. The city clerk shall give a satisfactory bond to be approved by the Board of Council, in the sum of one thousand ($1,000) dollars; the treasurer shall likewise be bonded in the sum of three thousand ($3,000) dollars. Each of said officers shall discharge the duties hereinafter prescribed, or which may be required of him by ordinances of the Board of Council, and shall, before entering upon the discharge of his duties, take and subscribe the following oath: I do solemnly swear (or affirm) that I will faithfully and impartially discharge my duties as..... of the City of Eatonton during my term of office, to the best of my skill and ability, so help me God. The cost of all surety bonds of bonded officers of the city shall be paid out of the city treasury. Act of 1908 amended. To be read. Salary of city clerk. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. FARRAR, TOWN OF, INCORPORATED. No. 759. An Act to incorporate the Town of Farrar, in the County of Jasper, and to grant certain powers and privileges of said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the

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authority of the same, that the Town of Farrar, in Jasper County, be and is hereby incorporated, and said town shall have the right to sue and be sued in any of the courts of this State, to plead and be impleaded, to receive, purchase or hold any real or personal property within the corporate limits of said town, for corporate purposes, and to have and use a corporate seal. General powers. Sec. 2. Be it further enacted, That the corporate limits of the Town of Farrar shall be all that territory in the limits of a half mile in every direction from a point where public road leading from Farrar postoffice to Farrar public school building crosses the Central of Georgia Railway Company tracks, said point being on the Central of Georgia Railway Company in the town of Farrar, Jasper County, Georgia, which territory is hereby incorporated in the said Town of Farrar. Territorial limits. Sec. 3. Be it further enacted by the authority aforesaid, That I. T. Wyatt be and is hereby appointed Mayor, and Guy Spearman, J. C. Wyatt, B. A. Wyatt, J. L. Wyatt, and W. W. Cranford be and they are hereby appointed Councilmen of said Town of Farrar, to hold their offices from the date of the approval of this bill until the first annual election as herein provided. Mayor and councilmen. Sec. 4. Be it further enacted, That on the first Saturday in December, 1920, and annually thereafter on the same day, an election shall be held in such place in said town as shall be designated by the Council of said town, for Mayor and five Councilmen, who shall hold their offices for one year and until their successors are elected and qualified; but no person shall vote for or be eligible for the office of Mayor or Councilman of said town who is not a resident of said town, and who has not been a resident of the State of Georgia twelve months, of the County of Jasper six months, and of the Town of Farrar three months. Said election shall be held and conducted in the same manner as elections for county officers of this State, and the certificate of the managers shall be

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sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Elected annually. Sec. 5. Be it further enacted, That before entering on the discharge of their duties, the Mayor and each Councilman shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving upon me as Mayor or Councilman, as the case may be, of the Town of Farrar, according to the best of my ability and understanding, so help me God. Oath of office. Sec. 6. Be it further enacted, That said Mayor and Councilmen shall have power and authority to elect or employ such marshal, clerks and other subordinate officers as may be necessary for executing the powers herein conferred upon them, to prescribe the fees and duties of such subordinate officers, and require such bonds for the faithful performance of their duties as they may deem necessary and proper. Mayor's appointments. Sec. 7. Be it further enacted, That the Mayor shall be ex-officio a justice of the peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine, under oath, or to admit any offender to bail or to commit him to jail for violation of the laws of the State, and to admit to bail or to commit to the guardhouse for the violation of the ordinances of said town. Mayor's authority. Sec. 8. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to pass all ordinances and by-laws that may be necessary for the government of said town, not repugnant to the constitution and laws of this State or of the United States. Ordinances. Sec. 9. Be it further enacted, That said Mayor and Councilmen shall have the power to levy and collect a

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tax not exceeding one dollar on every hundred dollars upon all the property, both real and personal, within the corporate limits of said town. They shall also have the power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax, which may be paid in lieu of work on the streets; provided, that the corporate limits shall extend only as prescribed in Section 2 of this Act for the purpose of raising the said tax of one dollar on every hundred dollars. Tax ad valorem. Street work. Commutation tax. Sec. 10. Be it further enacted, That the said Mayor and Councilmen shall have power to remove and abate any nuisance in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they may prescribe by ordinance. Nuisances. Sec. 11. Be it further enacted, That the municipal government shall be styled the Mayor and Council of the Town of Farrar, and by that name are made a body corporate, as such, they shall have perpetual succession; shall have a common seal. Corporate name. Sec. 12. Be it further enacted, That said Mayor and Council shall have power to fix and collect a special tax or license upon all kinds of business, calling, profession, or occupation carried on within the corporate limits of said town. They shall have power to tax, license, control and regulate all livery stables, garages, shows, circuses, auctioneers, peddlers and itinerant traders, save such as are excepted by the laws of this State, every keeper of a shooting gallery or ten-pin alley or the keeper of any table, place or stand for the performance of any game or play, whether played with sticks, balls, rings or other contrivance, or skating rinks, for gain; they shall have power to fix penalties against any and all persons carrying on any of said occupations or exercising any such privileges without having first obtained such license and paid tax therefor. License, and regulation of occupations.

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Sec. 13. Be it further enacted, That in case where any taxes, fines or commutation taxes or fines are not paid when due, the Mayor of said town shall issue an execution against said delinquents, which execution shall be directed to the marshal of said town and his deputies, and it is hereby made the right and duty of said marshal and his deputies to proceed to levy and collect fi fas, as in case of fi fas issued for State and for county taxes. Executions. Sec. 14. Be it further enacted, That said Mayor and Council are vested with power to lay out and open new streets and alleys or sidewalks, to widen or straighten any of those streets, alleys or sidewalks of said town, and to assess any damage that property holders may thereby incur in the manner now prescribed by law, which damage shall be paid out of the town treasury. They may prohibit or move all obstructions or encroachments on the streets or sidewalks as they shall have power to regulate and control a location of cemeteries and burial of the dead within the corporate limits of the said town. Streets. Damages. Obstructions. Sec. 15. Be it further enacted, That the Mayor of said town, and in his absence, the Mayor pro tem., who shall be elected by the Councilmen from their own body, shall be the chief executive officer of said town. He shall have control of the police of said town, and may appoint special police when he and the Council shall deem it necessary, and it shall be his duty especially to see to it that the peace and good order of the town is preserved, and that person and property therein are protected, and to this end he may cause the arrest and detention of all law violators and disorderly persons in said town. He shall see that the ordinances, by-laws, rules and orders of the Council are faithfully executed. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment thereof, he may imprison the offender in the guard house of said town not exceeding thirty days, or he may

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order the offender to work not exceeding thirty days on the streets of said town under the direction of the marshal. Provided, that no fine shall exceed fifty dollars for any one offense, but the Mayor is hereby invested with full power and authority to inflict for any such offense either one or more, or all of said penalties, in the discretion of the Mayor. Mayor's duties and powers. Sec. 16. Be it further enacted, That if at any time the office of Mayor or Councilman shall become vacant the remaining members of the Council may fill such vacancy by appointment from among the citizens of said town eligible to such office under the provisions of this charter. The Mayor may vote only in case of a tie vote. Vacancy in office. Sec. 17. Any person convicted before the Mayor, Mayor Pro Tem, for any violation of the laws or ordinances of said city, may enter an appeal from the judgment of said court to the City Council, provided the appeal be entered instanter and bond for his appearance to abide the decision of the City Council be given. Said bond to be approved by the chief of police. At such appeal, the Mayor, Mayor pro tem., may preside, and it shall require three votes of the Council to reverse the judgment of the Mayor, Mayor pro tem., from whose sentence and judgment the appeal is entered. In the event such sentence or judgment is reversed, the said City Council may proceed to either acquit the offender or impose such sentence as they may see proper, consistent with the provisions of this charter, and in the event such sentence is affirmed there shall be no need to pronounce a new sentence upon the offender, but the original sentence shall at once be enforced, unless suspended in accordance with the law governing certiorari from the county courts of this State in criminal cases, as set forth in the Code of the State of Georgia; the right of certiorari, in accordance with said law, being hereby given. Appeal from conviction. Certiorari.

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Sec. 18. Be it further enacted by the authority aforesaid, That the said City Council shall have the power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes, by the time fixed and defined by ordinance. Taxes. Sec. 19. Be it further enacted by the authority aforesaid, That the said City Council shall have the power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided in the Constitution of the State, and general laws of the State applicable to municipalities and with the funds arising from the sale of any bonds thus issued, may refund existing debts, establish and maintain a system of waterworks, system of lights, a public school system, erect public buildings, or any other improvement, convenience, or necessity for the use of the citizens of said city, and to create a debt and issue bonds of said city for any other lawful purpose under the limitations therein stated. Debts and bond issues. Sec. 20. Be it further enacted by the authority aforesaid, That said City Council shall have power to provide for the erection and maintenance in said city of gas works, electric light works, and waterworks, and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said city, under such regulations and restrictions as they may deem proper. They are hereby authorized to make contracts with individuals or corporations erecting gas, electric light and waterworks for the purpose of furnishing said city with lights and water, and may pay such amounts as purchase or rental as they may deem proper. They may make such regulations and pass such ordinances as they may deem necessary for the protection of the owners of such works and shall have exclusive jurisdiction over them. Whenever said City Council shall contract for water or lights for the use of said city, they may, by ordinance, limit the rates to individual consumers. They may regulate

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the operation of such lights, or waterworks, and impose upon their owners such duties, obligations and liabilities as they may deem just and reasonable for the proper protection of the citizens of the city and the municipal government. Gas, electricity, and water. Regulations. Sec. 21. Be it further enacted by the authority aforesaid, That the City Council of said city shall have the right to condemn and appropriate as hereinafter provided, private property for public use; to lay off and open new streets, alleys, sidewalks, lanes or other ways for the convenience of the public or any citizen or said citizens of said city; to vacate, close, alter, widen, curb, pave and keep in good order and repair all streets, alleys, avenues, lanes, sidewalks, and to construct and keep in repair drains, sewers, and gutters, to lay off and improve public parks and grounds; to keep all public grounds, streets, sidewalks, lanes, alleys or other ways free from obstructions of any kind; to regulate the width of sidewalks and cross walks on the streets; to grade and change the grade of all streets, sidewalks, alleys, lanes, avenues or other ways; to require adjacent land owners or lessees to curb, pave, or improve sidewalks at their own expense under the direction of the authorities of said city, and upon failure of the land owners or lessees to do so, the authorities of said city may have such work done and collect the cost thereof from the adjacent land owners or lessees by execution, as other taxes are collected. Condemnation of property. Streets, sidewalks, etc. Sec. 22. Be it further enacted by the authority aforesaid, That in all cases where the authorities of said city see proper to open any new street, or to widen any street, lane or alley, or in any way to change the same, it shall be lawful for them to have said street, lane or alley, or the proposed change in same surveyed or marked, and before proceeding to open same they shall give notice in writing to the owner of the land through which said street, lane or alley is to be opened, widened or changed twenty days, during which it shall be lawful for such owner, his agent or attorney, in case he can not agree

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with said authorities as to the amount of damages, to file objections to the opening of said new street, lane or alley, or to widening or changing the old street, lane or alley, or to widening or changing the old street, lane or alley, and make claim for damages which may result to such owner. In case no objection or claim for damages is filed within twenty days, it shall be lawful for the City Council to proceed at once to open said street, lane or alley, or make such change in any old one agreeable to the survey made before the commencement of the proceedings, and the owner of the land through which said new street runs or such change is proposed to be made, shall be estopped thereafter from claiming any damages by reason of the opening of said new street, or changing or widening any old one. In case objections are filed and damages are claimed, it shall be the duty of the Mayor of the city to select one disinterested freeholder resident in said city, and the owner or his agent shall select another, and they two a third, and in case the said owner shall refuse to select an assessor, the Ordinary of Jasper County shall appoint one for him, on application to him reciting said fact by the Mayor of said city, and the three assessors so chosen, after hearing such evidence as may be offered by either party, shall proceed to assess the damages resulting therefrom; provided, either party being dissatisfied with said award shall have the right to appeal from same to a jury in the Superior Court of Jasper County, under the law governing appeals in other cases. Streets; opening, changing, etc. Damages. Objections. Assessment. Sec. 23. Be it further enacted by the authority aforesaid, That said City Council shall have power and authority to offer and pay suitable rewards for the detection, prosecution and conviction of persons committing, within the limits of the said city, crimes against either the laws of the State of Georgia or against the rules, regulations, and ordinances of said City of Farrar. Rewards. Sec. 24. Be it further enacted by the authority aforesaid, That to carry into effect the powers conferred upon

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said City Council by this Act, or any future Acts of the Legislature of this State, and for the preservation of peace, good order, temperance and morality in said city, the City Council shall have the power and authority to make and pass all needful by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State. General welfare power. Sec. 25. Be it further eacted by 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, 1920. FITZGERALD CHARTER AMENDED. No. 480. An Act to amend Sections 60, 97, and the Act amending Section 97, approved July 31st, 1918, and Section 102 of the existing charter of the City of Fitzgerald, which charter was approved August 7th, 1914, so as to authorize and empower the Mayor and Council of the City of Fitzgerald to levy for the maintenance and support of the public school system of said City of Fitzgerald a tax not to exceed seven (7) mills on each one dollar of taxable property in said City of Fitzgerald; and so as to authorize said Mayor and Council of the City of Fitzgerald to assess and levy a sum not to exceed five ($5.00) dollars per annum as a street tax for the purpose of building and maintaining the public streets, alleys and parks of said City of Fitzgerald, and so as to authorize and enpower the Mayor and Council of said City of Fitzgerald to fix the salary of the tax assessor of said City of Fitzgerald at any amount not to exceed five hundred ($500.00) dollars per annum within their discretion, without any reference to the maximum amount now fixed in said charter, and for other purposes.

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Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 60 of the charter of the City of Fitzgerald as contained in an Act of the General Assembly approved August 7th, 1914, be amended by striking from line nine (9) of said section the words $2.50, and inserting in lieu thereof the following words $5.00. Act of 1914 amended. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 97 and the Act amending Section 97, approved July 31st, 1918, of the existing charter of the City of Fitzgerald, which charter was approved August 7th, 1914, be amended, and it is hereby amended by striking from said section of said Act, and the amendment hereto the proviso contained therein, which is in the following words: Provided, however, that the amount so reported and collected shall not exceed five (5) mills on the taxable values of the property of Fitzgerald, according to the city assessment, and by striking the following words in the said amendment to said Act, approved July 31st, 1918. Provided, however, that the amount so reported and collected shall not exceed five and one-half (5 1-2) mills on the taxable value of the property of Fitzgerald, according to city assessment, and inserting in lieu thereof the following words: Provided, however, that the amount so reported and collected shall not exceed seven (7) mills on the taxable value of the property of Fitzgerald, according to city assessment. Tax rate. Sec. 3. Be it further enacted by authority aforesaid, and it is hereby enacted by the authority of the same, That Section 102 of the charter of the Ctiy of Fitzgerald as contained in the Act of the General Assembly approved August 7th, 1914, be amended, and it is hereby amended by striking from Line 64 of said Section 102 the following words: Not to exceed three dollars per day and inserting in lieu thereof the following words: Fix the salary of said tax assessor at any amount not to exceed

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five hundred dollars per annum, within their discretion. Salary of tax assessor. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That Section 45 of the charter of the City of Fitzgerald as contained in an Act of the General Assembly approved August 7th, 1914, be amended, and it is hereby amended by striking from line 17 of said Section 45 the following words: 8 o'clock A. M. until 6 o'clock P. M. except one hour at noon each day, and inserting in lieu thereof the following words: 8:30 o'clock A. M. until 6 o'clock P. M., except two hours at noon each day. Clerk's office hours. 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 3, 1920. FORSYTH STREET IMPROVEMENT TAX. No. 560. An Act to amend an Act approved December 18, 1902, entitled An Act to consolidate and to codify the various Acts incorporating the City of Forsyth, in the County of Monroe, and the various Acts amendatory thereof, to enlarge by providing additional powers and authority therein to more specifically define and fix the duties of the various officers of said city and their compensation, and for other purposes, and the various Acts amendatory thereof, so as to provide for the paving of streets and sidewalks within the limits of said city, to define the extent of said streets and sidewalks, and to provide for the levying of an assessment of the cost of same, or a portion thereof, against the owners of property abutting or fronting on said sidewalks or streets; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the Act approved December 18, 1902, entitled An Act to consolidate and to codify the various Acts incorporating the City of Forsyth, in the County of Monroe, and the various Acts amendatory thereof; to enlarge by providing additional powers and authority therein; to more specifically define and fix the duties of the various officers of said city and their compensation, and for other purposes, and the various Acts amendatory thereof, be and the same are amended as follows, so as to provide for the paving of streets and sidewalks within the limits of said city. Act of 1902 amended. Sec. 2. Be it enacted by the authority aforesaid, That the said City of Forsyth, through the Mayor and Aldermen of the City of Forsyth 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 property abutting on said sidewalks, according to frontage owned by them thereon, and shall have the right by ordinance to provide what proportion of the cost of said pavement or other improvement to such sidewalks shall be borne by the owners of such property abutting thereon; provided, however, that the amount so assessed shall in no event be more than one-half of the total cost. Street paving assessment. Sec. 3. Be it further enacted by the authority aforesaid, That the said City of Forsyth shall have full power, in their discretion, to grade, pave, macadamize and otherwise improve the travel or drainage of the streets, alleys and public parks of said city, and to carry into effect the authority herein granted, the said Mayor and Aldermen shall have full power and authority to assess the cost of paving and otherwise improving streets against real estate abutting on said streets; provided, that the amount so assessed for paving and otherwise improving the streets shall in no instance be more than

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two-thirds of said cost, to be levied and assessed on the basis of one-third of said cost against the owner of property abutting on one side of the street and one-third of such cost against the owner of property abutting on the other side of the street. Any street or railroad company having tracts of land running through or across the streets of said city shall be required to pave, macadamize or otherwise improve such streets in such proportion as the Mayor and Aldermen may provide by ordinance in accordance with the provisions of this section, and if such company fails to comply with such ordinance, then said Mayor and Aldermen may have said paving or other work done and assess the costs thereof in such proportion as may be decided by ordinance against said company to be collected as in other cases of execution herein mentioned. Powers. Railroads. Sec. 4. Be it further enacted by the authority aforesaid, That the amount of the assessment on each piece of real estate shall be a lien on such real estate from the date of passage of the ordinance providing for the work and making the assessment; and said Mayor and Aldermen shall have full power and authority to enforce the collection of any assessment so made for work either upon the streets or sidewalks, by execution issued by the city clerk against the real estate abutting on the streets or sidewalks and against the owners of the same, which execution may be levied by the chief of police of said city on the real estate, and after adertising and other proceedings, as in the case of other sales, the same shall be sold at public outcry to the highest bidder, the chief of police to execute a deed conveying absolute title to the purchaser, and to 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 the execution was issued and stating the amount that he admits due, which amount admitted to be due, together

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with all costs, shall be paid before the affidavit is received, and the affidavit shall be returned to the Superior Court of Monroe County and the issue be there tried and determined as in the case of illegality, subject to the penalty of illegalities, provided for the purposes of 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 said property at the date of the assessment, and such lien as between other liens, shall take rank as city taxes. Lien of assessment. Execution. Levy and sale. Affidavit of illegality. Rank of lien. Sec. 5. Be it further enacted by the authority aforesaid, That the provisions of this Act shall apply to all territory within the present limits of said city and to such territory as may hereafter be added thereto, and said city shall have the exclusive control over the paving, grading or otherwise improving any street, sidewalk or alley within said limits, without any option on the part of any property owner in said city to do said paving on his own responsibility, without the consent of said city authorities and publication of any ordinance adopted under the authority of this Act in one issue of the newspaper in which sheriff's advertisements are published for Monroe County shall be full and complete notice of all assessments thereunder and of all improvements contemplated thereunder. Applicable to territory hereafter added. Notice. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved August 9, 1920.

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GAINESVILLE SCHOOL TAX. No. 507. An Act to amend an Act establishing a new charter for the City of Gainesville, approved February 28th, 1877, and the several Acts amendatory thereto. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the Act of 1877, entitled An Act to repeal all laws and amendments to laws heretofore passed to incorporate the City of Gainesville; to incorporate said city; provide for a Mayor and Aldermen; prescribe their powers and duties, approved February 28th, 1877, and the several Acts amending the same, be and the same are hereby amended as follows: That the Mayor and Council of the City of Gainesville may in their discretion levy upon the assessed valuation of all the property in said city, for expenditures for education, a tax of six-tenths of one per cent. of the value of the property assessed. Act of 1877 amended. School-tax rate. 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, 1920. GRAYMONT CHARTER REPEALED. No. 554. An Act to repeal An Act to incorporate the City of Graymont, in the County of Emanuel, and State of Georgia; to define its limits; to provide for a Mayor and Councilmen and other officers of said city; to prescribe their duties, qualifications and powers; to provide contests of elections for a registration of its voters and their qualifications; to provide for the

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enacting of all necessary ordinances and to provide penalties for a violation of the same; to provide for the holding of elections for the issuing of bonds for any and all public improvement or for maintaining of the same, and to provide for the issuing of the same; to provide for acting in conjunction with the municipal authorities of the City of Summit in establishing or maintaining school, electric lights, water works or sewerage system, or for the erection of school buildings; to provide for a revenue for said city, and to provide for tax assessors and their powers and duties; to provide for the condemnation of property for the laying out and opening up of streets, alleys, etc.; to regulate the erection of houses and to designate the fire limits of said city; to abate nuisances and to regulate the sanitary condition of said city, and to provide for all other purposes of municipal concern not herein especially mentioned, approved August 24, 1905. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that an Act entitled An Act to incorporate the City of Graymont, in the County of Emanuel, and State of Georgia; to define its limits; to provide for a Mayor and Councilmen and other officers for said city; to prescribe their duties, qualifications and powers; to provide contests of elections; for a registration of its voters and their qualifications; to provide for the enacting of all necessary ordinances and to provide penalties for a violation of the same; to provide for the holding of elections for the issuing of bonds for any and all public improvements or for the maintaining of the same, and to provide for the issuing of the same; to provide for acting in conjunction with the municipal authorities of the City of Summit in establishing or maintaining school, electric light, water works or sewerage system, or for the erection of school buildings; to provide a revenue for said city, and to

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provide for tax assessors and their powers and duties; to provide for the condemnation of property for the laying out and opening up of streets, alleys, etc.; to regulate the erection of houses and to designate the fire limits of said city; to abate nuisances and to regulate the sanitary condition of said city and to provide for all other purposes of municipal concern not herein especially mentioned, approved August 24, 1905, and all Acts amendatory and explanatory thereof relating to the municipal government of said city and the power conferred thereby be and the same are hereby repealed. Provided, however, that this Act shall not go into effect until first Monday in January, 1921. Act of 1905 repealed. Effective Jan. 3, 1921. Sec. 2. Be it hereby enacted by 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, 1920. GRAYSON CORPORATE LIMITS EXTENDED. No. 704. An Act to amend an Act incorporating the Town of Grayson, Georgia, originally incorporated as the Town of Berkeley, by an Act approved December 16, 1901, amended December 17, 1902, by changing the name of Berkeley to that of Grayson, so as to extend the incorporate limits of said Town of Grayson to include the Chesnut Grove Baptist Church and the real estate belonging to said church, and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the Act approved Dec. 16, 1901 and amended Dec. 17, 1902, incorporating the Town of Grayson, Ga., defining its incorporate limits, etc., be and the same is hereby amended so as to extend the present limits of

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said town, which is one-half mile from the center designated in said Act, to include the Chesnut Grove Baptist Church, said extension beginning at the line of the present incorporate limits, at the residence of D. M. Bankston, on the east side of the public road leading to Rose Bud and running along the east limit of the right of way of said road 1,870 feet to corner of the Chesnut Grove Baptist Church property, thence in a southerly direction along the line of said church property 350 feet, thence in a westerly direction, along the line of said church property, 1,030 feet to each corner, thence in a northerly direction 600 feet to the west limits of the Rose Bud public road, thence along the west limit of said public road and sidewalk 1,050 feet to where it intersects the line of the corporate limits of said town, said extension covering the Chesnut Grove Baptist Church and all the real estate adjacent thereto belonging to said church. Act of 1902 amended. Territorial limits extended. 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, 1920. GRIFFIN SCHOOL TAX. No. 415. An Act to amend the charter of the City of Griffin, in Spalding County, Georgia, approved August 15th, 1910, and Acts amendatory thereof, so as to authorize the governing authority of said city to levy and collect an annual tax of not exceeding 90-100 of one per centum on the value of all property in said city returned and assessed for taxation therein, for the use of the Board of Education of said city in providing, maintaining, repairing, extending and operating the public schools of and in said city, 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 said authority, That from and after the passage of this Act Section One of an Act entitled An Act to amend the charter of the City of Griffin, etc., approved August 17th, 1918 (Georgia Laws, 1918, pages 703, 704, 705), be and the same is hereby amended by striking from the fifth line of said section the figures 50-100, and substituting in lieu thereof the figures 90-100, so that said section when so amended shall read as follows: Act of 1918 amended. Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, That the charter of the City of Griffin be amended so as to authorize the governing authority of said city to levy and collect the annual tax of not exceeding 90-100 of one per centum on the value of all property in said city returned and assessed for taxation to be used in providing, maintaining, repairing, extending and operating the public schools of and in said city. School-tax rate. Sec. 2. Be it further enacted that all laws in conflict herewith be, and the same are, hereby repealed. Approved July 24, 1920. GUYTON TAX RATE. No. 391. An Act to amend an Act amending the charter of the Town of Guyton, Georgia, approved July 29th, 1914, so as to strike out the following words from said Act, to-wit, as to increase the tax on the property of the Town of Guyton from one-quarter (1-4) of one per cent. to one-half (1-2) of one per cent., occurring in the fourth, fifth and sixth lines of Section One of said Act, and substituting in lieu thereof the following, as to increase the tax on the property of the

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Town of Guyton to one per cent., which one per cent. shall be used for the following purposes, six mills to be applied to the payment of interest, and for a sinking fund for the redemption of the present outstanding bonded indebtedness of said town, and four mills to be applied to the general and current expenses of the said town, and by striking out the word and figures twenty ($20.00) in the eleventh line of said Section 1, of said Act and substituting in lieu thereof the word and figures fifty ($50.00), and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That the charter of the Town of Guyton, Georgia, and the amendments thereto, be and they are hereby so amended by striking out the following words from Section One of an Act approved July 29th, 1914, entitled an Act to amend the charter of the Town of Guyton, Georgia, and the amendments thereto, to-wit: As to increase the tax on the property of the Town of Guyton from one-quarter (1-4) of one per cent. to one-half of one per cent., occurring in the fourth, fifth and sixth lines of said Act, and substituting in lieu thereof the following: As to increase the tax on the property of the Town of Guyton to one per cent., which one per cent. shall be used for the following purposes, six mills to be applied to the payment of interest and for a sinking fund for the redemption of the present outstanding bonded indebtedness of said town, and four mills to be applied to the general and current expenses of the said town, and also by striking out the word and figures twenty ($20.00) in the eleventh line of Section One of said Act, and substituting in lieu thereof the word and figures fifty ($50.00) so that said Act when thus amended shall read as follows: Act of 1914 amended. To be read. Section 1. Be it enacted by the General Assembly of Georgia, That the charter of the Town of Guyton, Georgia, and the amendments thereto, be and they are hereby amended as to increase the tax on the property

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of the town to one per cent., which one per cent. shall be used for the following purposes: Six mills to be applied to the payment of interest and for a sinking fund for the redemption of the present outstanding bonded indebtedness of said town, and four mills to be applied to the general and current expenses of the said town, this increase not to be construed to repeal the school tax law for said town; and the Mayor and Aldermen of said town are hereby authorized to levy and collect a specific or license tax on places in the Town of Guyton where mercantile trade is carried on; provided not more than fifty ($50.00) dollars shall be required for the sale of articles produced by the seller or on the form of same. The Mayor and Aldermen of the Town of Guyton shall define by ordinance the manner in which this tax is to be levied and collected, whether by license on the place of business or by specific tax on each class of merchandise, and shall publish the same in the usual manner of publishing ordinances for the town thirty days prior to the time when the tax is to take effect, and the Mayor and Aldermen shall have the same authority to enforce the collection of the taxes herein provided for that were given them in the charter of the Town of Guyton for the collection of taxes. Tax rate. Apportionment. Specific tax. Collection. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 19, 1920. HAHIRA TAX AD VALOREM. No. 590. An Act to amend an Act approved August 19th, 1912, incorporating the Town of Hahira, in Lowndes County, Georgia, known as No. 623, pages 951 to 980, inclusive, of 1912 Georgia Laws; by striking from the seventh

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line in Section 23 of said Acts the words seventy-five cents and inserting in lieu thereof the words One Hundred Cents, 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 incorporating the Town of Hahira, known as Act 623, pages 951 to 980, inclusive, of 1912 Georgia Laws, approved Aug. 19th, 1912, be and the same is hereby amended by striking out the words seventy-five cents in the seventh line of Section 23 of said Act, and substituting therefor the words one hundred cents, so that said section when amended shall read as follows: Act of 1912 amended. To be read. Section 23. For the purpose of raising revenue for the support and maintenance of said government, the Mayor and Council shall have the full power and authority and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said town not exceeding one hundred cents on the hundred dollars, exclusive of taxation for public schools. Ad valorem tax rate. Sec. 2. 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 10, 1920. HARTWELL ORDINARYEXPENSE TAX. No. 518. An Act to amend an Act incorporating the City of Hartwell, approved August 13, 1904, so as to provide a tax for ordinary expenses not to exceed one per cent. on all real and personal property subject to municipal taxation.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Act amending an Act incorporating the City of Hartwell, approved August 13, 1904, be and the same is hereby amended by adding thereto the following provision. The tax levy each year in the City of Hartwell for ordinary expenses shall not exceed one per cent. on all real and personal property subject to municipal taxation. Act of 1904 amended. Property-tax rate. Sec. 2. Be it 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 7, 1920. HARTWELL SCHOOL TAX. No. 533. An Act to amend an Act to establish, maintai nand operate a system of public schools in the City of Hartwell, Hart County, Georgia, approved July 30, 1908, so as to change the maximum rate of tax for public school purposes from one-half of one per cent. to one per cent on all real and personal property subject to municipal taxation. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act to establish, maintain and operate a system of public schools in the City of Hartwell, Hart County, Georgia, approved July 30, 1908, be amended by striking from the twenty-sixth line of Section 9 of the Acts of 1908, page 743, the words one-half of, so that said section when amended shall read as follows: Act of 1908 amended. To be read. Be it further enacted by the authority aforesaid that the Board of Aldermen of the City of Hartwell be and

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the same is hereby authorized and empowered to levy and collect annually a tax upon all real and personal property subject to municipal taxation, within the corporate limits of said city for the purpose of supporting said public schools, and that all laws and ordinances now in force or which may hereafter be adopted by said municipal authorities regulating, governing and controlling the levying, assessing and collecting of the other taxes of said city shall apply to, regulate, govern and control the levying, assessing and collecting of said school tax, and that said funds so raised, together with all tuitions, matriculations, incidental and entrance fees, provided for in this Act, and all funds due and received from the State of Georgia out of the public school funds of said State shall be set aside by said Board of Education and shall constitute what shall be known as the public school fund of the City of Hartwell, which shall be used exclusively for public school purposes, and that all of said monies shall be paid over to and held by the Secretary and Treasurer of the Board of Education of said city, to be paid out by him upon order of the Board of Education as required under this Act; provided, however, that the tax levies under this section upon real and personal property shall in no event exceed one per cent on all property subject to municipal taxation. School-tax rate. 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 7, 1920. HOBOKEN, CITY OF, INCORPORATED. No. 638. An Act to incorporate the City of Hoboken, in the County of Pierce, and State of Georgia; to grant a charter to said municipality and provide for the municipal government of said corporation; to declare

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the rights and powers thereof; to provide for other matters of municipal regulation, concern and welfare, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the City of Hoboken, in Pierce County, Georgia, be and it is hereby incorporated, and by that name it shall have perpetual succession, and said corporation is hereby vested with the right to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to have and use a common seal, and to do such other things as may be needful for the government, good order and welfare of said city, and to exercise such rights, powers and functions as may belong to municipal corporations generally under the law, as well as those hereinafter specifically enumerated. Corporate name. General powers. Sec. 2. Be it further enacted by the authority aforesaid, that said corporate body under the name and style of the City of Hoboken, shall have the right and power to purchase, acquire, lease, receive, hold, enjoy, possess and retain for the use and benefit of said city any property, real or personal, of whatsoever kind or nature, within the limits or without the limits of said city, for corporate purposes; and shall have the right and power to sell, convey, lease, transfer and assign, or otherwise deal with, all of the property of the said city. Property. Sec. 3. Be it further enacted by the authority aforesaid, That the corporate limits of the City of Hoboken shall be and comprise all that territory composed of and included within land lots numbers two hundred and twenty (220), two hundred and twenty-one (221), two hundred and forty (240), and two hundred and forty-one (241), in the Ninth District of Pierce County, Georgia. Territorial limits. Sec. 4. Be it further enacted by the authority aforesaid, That the government of said City of Hoboken shall be vested in a Mayor and six Aldermen, to be known as

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City Council, who shall hold office as hereinafter provided. B. B. Moore shall be Mayor of said City of Hoboken until Dec. 31st, 1920, and W. S. Davis, E. B. Newton, R. R. Kelley, J. K. Larkins, Dr. A. C. Dorminey and Dr. Jerome Orr are hereby made Aldermen of said city and shall hold office until Dec. 31st, 1920. Mayor and aldermen designated. Sec. 5. Be it further enacted by the authority aforesaid, That the term of the Mayor and Aldermen of said City of Hoboken shall be two years, and until their successors are elected and qualified, and the first election for Mayor and Aldermen under this charter shall be held on the first Wednesday in December, 1920, and biennially thereafter on the first Wednesday in December. In the event a vacancy occurs in the office of Mayor or Alderman for any reason, the City Council shall order an election to fill the vacancy. Said election shall be held and managed the same as regular elections as hereinafter provided. Ten days notice shall be given of said election by posting written notice at the post office and one other public place in said city. However, if the vacancy in the office of Mayor or Alderman occurs within six months from date of next regular election, the City Council shall select some fit and proper person to fill the vacancy. Terms of office. Elections. Vacancy how filled. Notice. Sec. 6. Be it further enacted by the authority aforesaid, That if for any reason there is a failure to have the regular election for Mayor and Aldermen at the time provided for in this charter, it shall be the duty of the City Council to order an election as early as practicable thereafter by giving at least ten days notice of the same, which notice shall be in witring and shall be posted at the post office and one other public place in said city, and such election shall be held and managed and the result declared as at regular elections as provided for hereinafter. Order for election. Sec. 7. That any person shall be eligible to the office of Mayor or Alderman who is a citizen of said city,

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and who has resided in the State one year and in the city for six months preceding his election, and who is not under twenty-one years of age, and who is entitled to register under the registration laws of this State. Eligibility of mayor and aldermen. Sec. 8. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties the Mayor and each Alderman shall take and subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving upon me as Mayor or Alderman, as the case may be, of the City of Hoboken, according to law, to the best of my ability and understanding, so help me God. Oath of office. Sec. 9. Be it further enacted by the authority aforesaid, That the Mayor of said city shall be its chief executive officer. He shall see that all laws, ordinances, rules and regulations of said city are faithfully and fully executed, and that all officers of said city faithfully execute the duties required of them. He shall have general supervision of the affairs of said city and shall preside at the meetings of the City Council and at the Police Courts and shall have authority to convene the Council in extra session whenever he deems it proper to do so. The Mayor shall not have the right to vote on any question before the City Council, except in the election of officers of the city and in case of a tie. He shall have special control of the police of the city, and he shall see that the peace and good order of the city is preserved, and that persons and property therein are protected, and to this end may cause the arrest and detention of all violators and disorderly persons in the city before issuing his warrant therein. He shall in all things exercise a general supervision over the affairs of the city and shall make such recommendations to the City Council from time to time as may to him seem proper for the public good. He shall have the power also to pardon persons who are convicted of offenses against the city

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health, safety, benefit and general welfare of said city and of the inhabitants thereof; and shall also have the right and power to exercise the full police power of the State within said city, and also to make rules and regulations and adopt such resolutions and ordinances as may be necessary to conserve, promote and protect the welfare, health, morale, peace, advantage and good order of said city and the inhabitants thereof. General-welfare powers. Sec. 15. Be it further enacted by the authority aforesaid, That the City of Hoboken is hereby granted the power of eminent domain, and the Mayor and Aldermen are hereby authorized and empowered to condemn lands within or without its corporate limits for the erection of public buildings for said city, for public parks, water supply, sewers, farms for handling and disposing of sewage, and for other public purposes and improvements, as provided by the Act of the General Assembly providing a uniform method of exercising the right of condemning, taking or damaging private property, approved Dec. 18, 1894, as found in Sections 5206 to 5235, inclusive, of the Code of Georgia of 1910, and they are also authorized similarly to take and condemn personal property in the same manner when needed for public purposes of the city. Eminent domain. Sec. 16. Be it further enacted by the authority aforesaid, That all elections for Mayor and Aldermen, and elections on any questions to be submitted to the voters of said city, shall be held at such place or places as may be fixed by the City Council. The City Council shall have full power and authority to establish as many polling places as it may deem necessary. All elections shall be held by three citizens of said town who are qualified to vote in elections therein, and said election shall be held in the same manner and under the same rules and regulations as are elections for members of the General Assembly, except that the polls shall open at [Illegible Text] o'clock a. m., and close at three o'clock p. m. The [Illegible Text] shall look after the holding of the elections and

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provide managers therefor, who shall be paid such compensation for holding the election as City Council may prescribe. In elections for Mayor and Aldermen, the managers shall deliver certificates of election to the persons whom they find have received the greatest number of votes for Mayor and Aldermen, respectively. Elections. Sec. 17. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of said city are hereby authorized to elect for said city annually, and for a term of one year, unless sooner dischraged, a clerk, treasurer, city mashal, and as many police as they [Illegible Text] think necessary, a Board of Health, sanitary [Illegible Text] building inspector, city physician, city attorney, [Illegible Text] ceiver, tax collector and tax assessors, and [Illegible Text] officers as from time to time may become necessary [Illegible Text] a cemetery keeper, fix their salaries; [Illegible Text] them to give bond, prescribe their duties and oaths, and suspend or remove them from office, or impose upon them fines, at their discretion, and all officers elected or appointed by said Mayor and Aldermen shall accept such offices subject to be suspended, removed or dismissed therefrom at the will of the City Council at any time they see fit to make such suspension, removal or dismissal, and no officer so suspended, dismissed or removed shall be entitled to any salary whatever during suspension or after dismissal or removal, no [Illegible Text] whether the time for which he has been [Illegible Text] elected has expired or not. The Mayor and [Illegible Text] may elect or appoint the same person to discharge [Illegible Text] perform the duties of more than one office, and [Illegible Text] officers shall be elected at the first regular [Illegible Text] City Council after this charter goes into effect, and [Illegible Text] after at the first regular meeting in January of each year, or so soon thereafter as possible. City Council need not elect any officers herein specified unless they deem it necessary to do so. Municipal officers; health board. Removal or suspension. Sec. 18. Be it further enacted by the authority aforesaid, That on or before the first Monday in January in

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each year, or so soon thereafter as possible, the newly elected Mayor and Aldermen shall take the oath and assume the duties of office; provided, however, that the term for which all officers are elected under this charter shall begin on the first day of January in the year following their election in December. Oath. Term. Sec. 19. Be it further enacted by the authority aforesaid, That the compensation or salaries of Mayor and Aldermen, and all other officers, servants and employees of the city, shall be such sum as the City Council may fix; provided, however, that the Mayor's salary shall not exceed two hundred dollars per year, and that of the Aldermen shall not exceed twelve dollars per year, but the Mayor and Aldermen, and such other officers as they may designate, shall, in addition to their salary, be relieved of street tax and street duty. Salaries. Sec. 20. Be it further enacted by the authority aforesaid, That the City Council of Hoboken, in order to raise the necessary revenue to properly carry on the government of said city and for all such other purposes as will tend, in their discretion, to add to the comfort, safety, convenience, benefit, health and advantage of said city and of the citizens thereof, and for the rational improvement of said city, and not forbidden by law, shall have the right and power to levy and collect an ad valorem tax not exceeding one dollar on every one hundred dollars upon all the property, both real and personal, within the corporate limits of said city, which is subject to tax under the Constitution and laws of this State, and shall also have the power to impose and collect such tax as they, the City Council, may deem necessary and proper upon all trades, business callings, professions, sales, pursuits and occupations except such as are exempt from municipal tax under the laws of this State. They shall also have the right and power to tax, regulate and control all livery stables, automobiles, drays, wagons, carts, hacks, garages, shows, circuses, peddlers or a keeper of a shooting gallery, ten pin alley, keeper of any table,

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place or stand for the performance of any game or play, whether played with sticks, balls, rings or other contrivances, or skating rinks, for gain. They may enforce payment of such special taxes by license or direct tax in such manner as they may deem best and most advantageous, and may pass ordinances fixing punishment for failing to pay tax and taking out such licenses to do business as City Council may require. Tax ad valorem. Occupation tax. Regulation and control. Sec. 21. Be it further enacted by the authority aforesaid, That all male residents of said city between the ages of sixteen and fifty years (except such as are specially exempted under the law) shall be subject to work on the streets of said city not to exceed fifteen days each year, or pay commutation tax in lieu thereof not to exceed ten dollars, as the Mayor and Aldermen of said city may determine. Should any person liable to work on the streets of said city under this section fail or refuse to do so, or pay the commutation tax assessed in lieu thereof on or before the first day of the time fixed by the City Council for the working of said streets, after having received due notice from the marshal, or some other police officer of said city, so to do, such person may be sentenced by the Mayor to work upon the streets of said city for and during a term not exceeding twenty days, under the direction and the control of the proper officer, or be confined in the guard house of said city, or such other place of confinement as may have been designated by the City Council for a term not exceeding fifteen days, or to pay a fine not exceeding twenty dollars, or both, or all, in the discretion of the Mayor. Thirty days residence in the corporate limits of said city shall be sufficient to constitute a person a resident of said city so as to subject him to liability to do street work. Street work. Commutation tax. Penalty. Sec. 22. Be it further enacted by the authority aforesaid, That the City Council shall have the power and authority to impose a tax not exceeding one dollar per capita per annum on dogs owned or kept within said

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city, and shall have the power and authority to pass such ordinances as they deem necessary to collect such tax, or otherwise enforce the provisions of this section, and may authorize and direct the marshal and police officers of said city to impound or kill any dog or dogs at large within the limits of said city whose owner has failed or refused to pay such tax, or may otherwise provide for punishment of said owner. City Council may issue tags to those paying the tax imposed on dogs, and may require that owners shall have such tags fastened and worn by the dogs on which the tax has been paid, and may provide that where dogs are found without tags they may be impounded and killed under the provisions of this section. Dog tax. Impounding. Sec. 23. Be it further enacted by the authority aforesaid, That all writs, processes, subpoenas, summonses, rules of all kinds, warrants, all executions for any and all kinds of taxes, licenses, fines, assessments, forfeitures, or demand made by the city or its corporate authorities against any person, firm, company or corporation whatsoever shall be issued and signed by the clerk of Council and bear test in the name of the Mayor, and shall be directed to the marshal and police of said city and to all and singular the sheriffs and constables of this State, and each and all of said officers are hereby authorized to serve and execute the same. Writs and processes. Sec. 24. Be it further enacted by the authority aforesaid, That the Mayor of said city shall have the power and authority to hold a Court at such time and place in said city as he, or the City Council, may appoint, for the trial of offenses committed against the by-laws, rules, regulations and ordinances of said city, and for such violations to punish by a fine not to exceed one hundred dollars, or by labor on the streets or public works of said city under the control and direction of the proper officers, not to exceed ninety days, or by confinement in the guard house of said city, or such other place of confinement as may be designated by the City Council

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not to exceed sixty days, either one, or more, or all, in the discretion of the Mayor, and all sentences may be in the alternative and fines may be imposed with alternative of either or both of the other punishments in the event the fines are not paid. The Mayor may also require that the costs of prosecution shall be paid by the defendants, which costs may be fixed by the Mayor or the City Council. It shall be a sufficient description of the punishment to be inflicted for the violation of any ordinance of said city for the City Council to say in such ordinance that a violation of such ordinance shall be punished as prescribed in Section 24 of the charter of the City of Hoboken, without setting out the punishment in full, if they so choose. Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said Mayor's Court, the same may be enforced and collected by an execution issued by the clerk and director as provided in Section 23 of this Act and sale thereunder under such provisions as may be prescribed by City Council, but this method of enforcing payment of a fine is cumulative, and to be used at the option of the Mayor of said city. The Mayor of said city shall be an ex-officio justice of the peace so far as to enable him to issue warrants for offenses committed within the limits of said city against the laws of this State. Said warrants may be served by the marshal or police of said city, or any other officer authorized by law to make arrests, and, acting under said warrants, said officers may arrest either within or without the limits of said city. Offenders so arrested may be carried before the Mayor and if there is probable cause to suspect that any of the penal laws of this State have been violated by the person so charged, it shall be the duty of the Mayor to commit the accused to the common jail of Pierce County, to answer to the charge in any court of competent jurisdiction; provided that if said offense is one that is bailable by a justice of the peace, said Mayor shall admit said accused to bail. If in the examination or trial of any one accused of a violation of any of the municipal ordinances, there is reason to suspect a

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commission of a crime on his part against the laws of this State, the Mayor shall have authority, and it shall be his duty, to bind over or commit said accused to the proper State court for said penal offense. Police court. Power to punish. Costs. Execution. Warrants for arrests. Commital. Bail. Sec. 25. Be it further enacted by the authority aforesaid, That the marshal and police of said city may take bond for the appearance of any person arrested for a violation of any of the ordinances of said city before the Mayor's Court, said bond to be taken and approved in such manner as may be provided by City Council. In the event that any person to whom bond may be taken to appear before the Mayor's Court should fail to appear upon the call of the case in said court at the time provided for his appearance, the presiding officer shall declare said bond forfeited. A rule nisi shall then be issued by such presiding officer, returnable to the next regular term of the Mayor's Court against the principal and his sureties, which shall be served by any of the marshals or police of said city at least five days before the return thereof. Service may be made personally or by leaving copy thereof at the residence of the defendant if at such return term, no sufficient cause be shown, in the judgment of the Mayor or presiding officer, for the failure of the defendant to appear, judgment shall be rendered by such Mayor or presiding officer against such principal or sureties, or such of them as have been served, and the collection thereof enforced in such manner as provided for by City Council. Appearance bonds. Forfeiture. Service. Sec. 26. Be it further enacted by the authority aforesaid, That the Mayor of said city is hereby authorized to compel the attendance of witnesses upon the Mayor's Court of said city from any part of Pierce County, or any other county of this State, and to punish as for contempt the failure of any person to attend after having been subpoenaed so to do. Witnesses. Sec. 27. Be it further enacted by the authority aforesaid, That should any person violating any of the ordinances

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of said city flee or remove from the jurisdiction thereof, he or she may be apprehended and arrested wherever found in this State, and the warrant of the Mayor, Mayor pro tem., or acting Mayor of said city, shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended and arrested wherever found in this State, and a warrant of either of the officers aforesaid shall be sufficient authority for his or her arrest and return, and all persons escaping from the custody of said city, or its officers, may be tried for such escape and punished as provided in the charter of said city, or its officers, may be tried for such escape and punished as provided in the charter of said city for the violation of municipal ordinance. The warrant shall be directed To any marshal, policeman, sheriff, deputy sheriff, or constable of the State of Georgia, and may be served by any of said officers. Fugitives. Arrests. Sec. 28. Be it further enacted by the authority aforesaid, That the right of certiorari from the judgment of the Mayor's Court shall be had to the Superior Court of Pierce County, and shall be governed and controlled by the laws of this State governing all certioraris to the higher courts. Certiorari. Sec. 29. Be it further enacted by the authority aforesaid, That except as otherwise provided in this Act, all public sales under executions in favor of the city shall be governed in case of real estate by the laws applicable to sheriff's sale and in case of personal property by the laws applicable to constable sales, except that in sales under executions for taxes, the general law of the State applicable to sales for municipal taxes shall govern. Sales under executions. Sec. 30. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Hoboken are vested with the power to lay out and open new streets and alleys or sidewalks, to widen or straighten

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any of the streets, alleys or sidewalks already existing, and to assess any damage that property holders may thereby incur in the manner now prescribed by law, which damage may be paid out of the city treasury. They may prohibit or remove all obstructions or encroachments on the streets or sidewalks, and they have the power to control the location of cemeteries and to control and regulate said cemeteries and the burial of the dead within the corporate limits of said city. Streets, etc., control. Obstructions. Cemeteries. Sec. 31. Be it further enacted by the authority aforesaid, That the said Mayor and Aldermen shall have power to remove and abate any nuisance in any part of said town, whether on the streets, or elsewhere, under such rules and in such manner as they may prescribe by ordinance. Nuisances. Sec. 32. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. IDEAL; TERMS OF OFFICE, AND TAXATION. No. 509. An Act to amend an Act approved August 22, 1907, entitled `An Act to incorporate the Town of Ideal, in the County of Macon,' so as to prescribe the term of office of the Mayor and Councilmen of said town, and to provide for their election; and to prescribe the rate of ad valorem taxation in said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That at the election to be held in the Town of Ideal in Macon County, Georgia, for officers of said town, on the first Thursday in December, 1920,

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there shall be elected a Mayor for said town who shall hold his said office for a term of two years, and until his successor is elected and qualified; and thereafter the term of office of Mayor of said town shall be for two years. Election and term of mayor. Sec. 2. Be it further enacted by the authority aforesaid, That at said election for officers of said town to be held on said first Thursday in December, 1920, there shall be elected five Councilmen, and two of whom shall serve for a term of one year and three of whom shall serve for a term of two years, and until their successors, respectively, shall be elected, and qualified; and the said five Councilmen so elected shall determine among themselves, by lot or in such manner as they may choose, which of them shall serve for said term of one year, and which shall serve for said term of two years. After the said election on the first Thursday in December, 1920, the Councilmen elected at the annual election of officers for said town on the first Thursday in December, in each year, as provided and required by the above recited Act approved August 22, 1907, incorporating said Town of Ideal, shall serve for a term of two years and until their successors are elected and qualified. Election and terms of councilmen. Sec. 3. Be it further enacted by the authority aforesaid, That Section 11 of the above recited Act approved August 22, 1907, incorporating said Town of Ideal, be and the same is hereby amended by inserting between the words exceeding and one-half in the fifteenth line of said section, the words one and, so that said said section when so amended shall read as follows: Act of 1907 amended. To be read. Sec. 11. Be it further enacted by the authority aforesaid, That said Mayor and Councilmen shall have full power and authority to levy and collect a tax upon all and every species of property in said town; upon banking and insurance capital employed in said town; upon brokers and factors; upon each and every business, calling, trade and profession carried out in said town; to

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tax all theatrical performances, shows and exhibitions for gain; upon banks, insurance, telegraph, telephone and express agencies in said town, or of any profit in said town, to tax itinerant traders or peddlers; all vendors of patent medicines, drugs, books, nostrums, or devices of any kind; all facilities of canvassers selling goods, wares or merchandise by same at retail or to consumers; all said taxes (except the tax on real or personal property which shall be ad valorem, and not exceeding one and one-half per cent. for ordinary current expenses) shall be in the nature of a license which must be paid in advance of doing business or carrying on the trade or occupation. or canvassing or offering for sale any of the articles above set forth; and the said Mayor and Councilmen shall provide by ordinances for the punishment of all parties required to take out license, who do or attempt to do any business before taking out such license, and complying fully with all requirements of said Mayor and Councilmen made with reference thereto. Ad valorem tax rate. 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, 1920. IDEAL, TOWN OF; SCHOOL TAX. No. 549. An Act to authorize the Mayor and Council of the Town of Ideal in the County of Macon, to levy an additional ad valorem tax in said town for the purpose of raising funds to be appropriated toward the support of the public schools in said town; and for other purposes. Section 1. Be it enacted by the General Asesmbly of Georgia and it is hereby enacted by authority of the same, That the Mayor and Councilmen in the Town of

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Ideal in the County of Macon, shall be and they are hereby authorized to levy on the real or personal property, or both, in said town, an ad valorem tax not exceeding one-half of one per cent. in addition to any and all other taxes which may be levied by them on said property, and to collect the same as other taxes in said town are collected. School-tax rate. Sec. 2. Be it further enacted by the authority aforesaid, That when the said taxes are authorized and provided for by this Act shall have been so levied and collected, it shall be the duty of the said Mayor and Councilmen to cause the funds thus raised, to be paid over to the trustees or other authorities charged with the conduct of the public schools in the said Town of Ideal and who may be authorized to receive said funds, the same to be applied and appropriated toward the support and maintenance of the public schools in said town, in addition to any other funds which may be available for that purpose. Payment and application. Sec. 3. Be it further enacted by the authority aforesaid, That this Act and the provisions thereof shall not become effective nor operative in said Town of Ideal until it shall have been ratified and approved by a vote of two-thirds of the qualified voters of said Town of Ideal voting at an election to be held for that purpose as hereinafter provided. This act submitted to popular vote. Sec. 4. Be it further enacted by the authority aforesaid, That within fifteen days after notice of the approval of this Act by the Governor, it shall be the duty of the said Mayor and Councilmen of the Town of Ideal to order an election to be held in said town within thirty days from the date of such order, notice of which said election when so ordered shall be published one time in the Macon County Citizen, and shall be posted by written notice at three or more public places in the said Town of Ideal; the said election to be held in the same place and in the same manner and under the same rules and regulations as elections for officers of said town, and at which

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election the qualified voters residing within the corporate limits of said Town of Ideal shall be entitled to vote. At said election said voters shall have written or printed on their ballots the words For School Tax or Against School Tax as they may respectively desire to vote on the question; and this Act shall not become operative unless two-thirds of the said qualified voters voting at said election shall cast their ballots For School Tax, and provided further, that such two-thirds voting in favor of said school tax shall constitute a majority of the said qualified voters of said Town of Ideal. Should the result of said election be Against School Tax, the said Mayor and Councilmen may order other elections on the same question from time to time; provided that said election shall not be held oftener than once in twelve months. Election as to school tax. Ballots. Other elections. Sec. 5. Be it further enacted by the authority aforesaid, That any person who shall vote in said election who is not qualified to do so according to the provisions of this Act, shall be deemed guilty of a misdemeanor and upon conviction shall be punished as prescribed in Section 1065 of the Penal Code of this State. Penalty for unlawful voting. 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 7, 1920. JACKSON, CITY OF; CORPORATE LIMITS EXTENDED. No. 465. An Act to amend the charter of the City of Jackson, approved August 8, 1916, and the Acts amendatory thereto, so as to extend the corporate limits of the said City of Jackson, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the said southeastern boundary line of the incorporated limits of the City of Jackson shall be amended as follows: Commencing at the present corporate line just south of the cemetery and running in a southeast direction to the public road three hundred yards, said line intersecting the said public road at a point opposite the south boundary line of the T. J. Ellis estate, lying and being on the east side of the said public road in a northern direction until where the present incorporate limits crosses said public road. Act of 1916 to be amended. Boundary extended. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with said Act are hereby repealed. Approved July 31, 1920. JEFFERSON SCHOOL TAX. No. 605. An Act to amend an Act establishing a public school system in the City of Jefferson, Georgia, approved July 30th, 1912, so as to provide authority for the Mayor and Council to levy and collect one per cent. of the value of all the taxable property within said city for school purposes; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 12, page 1025, Georgia Laws, 1912, of the Act establishing the public school system of the City of Jefferson, Georgia, be and the same is hereby amended by striking the word three-fourths from the last line of said section, page 1025, and by striking the word of from the first line of said section on

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page 1026, so that said section as amended shall read as follows: Act of 1912 amended. To be read. Section 12. Be it further enacted, That the State school fund shall be supplemented by an ad valorem tax levied by the Mayor and Council of the City of Jefferson, as follows: The Board of Education shall by the first of September of each year make an estimate of the amount necessary to be raised that year for the additional support of public schools in said city and place this estimate before the Mayor and Council of said city and when the same as approved by said Mayor and Council it shall be their duty when making the annual tax levy for the current expenses of said city to levy a school tax along with the other city taxes upon all taxable property within the corporate limits of the City of Jefferson and the said Mayor and Council are hereby authorized and required to levy said school tax and collect, or have the same collected by the city officers, along with the other ad valorem taxes of said city in the same manner as other city taxes are levied and collected; provided, however, that said Mayor and Council shall have no authority to levy and collect more than one per cent. of the value of all the taxable property within said city for school purposes. 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 10, 1920. KIRKWOOD, NEW CHARTER FOR TOWN OF. No. 652. An Act to amend, consolidate and supersede the several Acts incorporating the Town of Kirkwood in the County of DeKalb, State of Georgia; to create a new charter and municipal government for said incorporation;

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to declare the rights and powers of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage or approval of this Act, the inhabitants of the territory now embraced in the corporate limits of the Town of Kirkwood, in the County of DeKalb, and State of Georgia, be and they are hereby incorporated under the name and style of the Town of Kirkwood, and by that name shall have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to the Town of Kirkwood, shall be, and are hereby vested in said Town of Kirkwood, as created and reincorporated by this Act; the said Town of Kirkwood as incorporated in this Act may in its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its Mayor and Council, all such ordinances, by-laws, rules, regulations and restrictions for the transaction of its business and peace, good order, health, welfare and proper government of said town, as to said Mayor and Council seem best and consistent with the Constitution and laws of the State of Georgia and of the United States, and the said Town of Kirkwood shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity or for any term of years, any property, estate or estates, real or personal, lands, tenements and hereditaments of whatsoever kind within or without the limits of said town for corporate purposes. Said Town of Kirkwood as incorporated by this Act, shall succeed to all the rights of and is hereby expressly made responsible, as a body corporate, for all the legal debts, liabilities and undertakings of the said Town of Kirkwood, its Mayor and Council as a body corporate,

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as heretofore, and in previous Acts as court orders incorporated. Corporate name. General powers. Succession. Sec. 2. Be it further enacted, That the corporate limits of the Town of Kirkwood, as defined and established under the original charter of said town granted by the Superior Court of DeKalb County at the March term of 1904, of said court as shown on the minutes thereof, and as amended and added to in the Acts of the General Assembly approved August 14th, 1908, August 15th, 1910, August 12th, 1914, and August 16th, 1915, be and the same are hereby defined and established as the corporate limits of said town as reincorporated by this Act. Territorial limits. Sec. 3. Be it further enacted by the 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 lines of North Warren street and Hardee street, in said town and running thence easterly along the center of Hardee street to Hillcrest avenue and continuing thence easterly along land lot line to eastern limits of the Town of Kirkwood; thence southward 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. Ward 1 bounded. 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 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

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town; thence southwardly along said western limits to the Georgia Railway and Power Company's South Decatur car track at the intersection of land lot line; thence eastwardy along said land lot line to North Warren street at junction of Hardee street; thence eastwardly along center of Hardee street to point of beginning. Ward 2 bounded. 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 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 limtis 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 along the center of North Howard street to the point of beginning. Ward 3 bounded. 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 the 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 Drive; thence east along the line dividing the said City of Atlanta and said Town of Kirkwood to the right-of-way of the Georgia Railway and Power Company's South Decatur car tracks; then 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. Ward 4 bounded. Sec. 4. Be it further enacted, That the municipal government of said Town of Kirkwood shall be and is

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hereby vested in a Mayor and eight Councilmen. That the present Mayor and the present Councilmen of said town shall continue in the offices to which they were elected until the first Monday in January, 1921, or until their successors are elected and qualified, and said Mayor and Councilmen shall have and exercise all the rights, powers, duties and authority conferred upon the Mayor and Councilmen under and by virtue of this new charter for said Town of Kirkwood. Mayor and council. Sec. 5. Be it further enacted that on the first Wednesday in December, 1920, there shall be elected for said town by the qualified voters therein, by ballot, a Mayor and one Councilman from each of the four wards directed to be created herein. The Councilman from each ward selected shall hold office for two years or until their successors are elected and qualified. The term of office of all Councilmen shall be two years, or until their successors are elected and qualified. The term of office of the Mayor first elected hereunder and his successors shall be two years or until a successor is elected and qualified. On the first Wednesday in December, 1921, there shall be elected for said town by the qualified voters therein, one Councilman from each of the four wards whose term of office shall be for two years or until their successors are elected and qualified, and on the first Wednesday in December, 1922, there shall be elected a Mayor, and also one Councilman from each of said four wards, whose terms of office shall be for two years or until their successors are elected and qualified. The successors of the above officials shall be elected in the same manner and for like terms, so that each ward shall be entitled to and have two Councilmen, provided, that each of the said Councilmen shall be voted for and elected by all the voters of said town irrespective of this Act, that Councilmen shall reside in and be eligible for election only from the wards in which they reside, but all elections shall be by and on general tickets. The terms of office of the Mayor and Councilmen

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elected under the provisions of this Act shall commence on the first Monday of the January following their election. On the first Monday in January after their election, the Mayor and Councilmen-elect shall meet with the hold-over members of Council at the town hall or other usual place of holding Council meetings in said town, and there shall severally take, before some officer authorized by law to administer oaths, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as Mayor (or Councilman, as the case may be) of the Town of Kirkwood, for the ensuring term, and that I will faithfully enforce the charter and ordinances of said town, to the best of my ability, without fear or favor, and in all my actions as Mayor (or Councilman) act as I believe for the best interest of said town. So help me God. Should the Mayor or any Councilman be absent from said meeting he or they may take said oath of office, as soon thereafter as possible. The Mayor and Council shall provide by ordinance for regular meetings, not less than one a month, and may hold such special or called meetings as the business of the town may require, to be convened as provided by ordinance. In the event the office of Mayor, or any one or more of the Councilmen shall become vacant by death, resignation, removal from the town or ward, or any other cause, the Mayor and Council, or in case the Mayor's office is vacant, the Council, shall order an election for the purpose of filling such vacancy or vacancies by giving notice, such as may be provided by ordinance and by publication in a newspaper published in said town, or if none such, then in the newspaper in said County of DeKalb, carrying the sheriff's advertisements; and such election shall be held, returns made and results declared in the same manner as in the regular election for Mayor and Councilman as hereinafter prescribed; provided, that in case such vacancy or vacancies occur within sixty days preceding the regular municipal election in said town, then, in that event, the said vacancy or vacancies, may be filled by the Mayor

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and Council, or by the Mayor pro tem., in case of vacancy in the Mayor's office, and persons so elected as Councilmen or the Mayor pro tem., as the case may be, shall be duly empowered and qualified to fill such vacancies until the regular election. Should the Mayor or any member of Council fail or refuse to perform the duties of his office for a period of two consecutive months, provided such failure is not from Providetial cause, the office may be in the discretion of Council, or the Mayor and the remaining members of Council, declared by resolution vacant and the vacancy filled as before provided. Elections. Terms of office. Oath of office. Meetings. Vacancies, how filled. Sec. 6. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said Town of Kirkwood, shall be managed by three freeholders, who shall be citizens of said town and freeholders therein; each of said managers before entering upon his duties shall take and subscribe before some justice of the peace, or other officer qualified to administer oaths, or before each other, the following oath: Each of us do swear that we will faithfully and impartially conduct this election according to law, and will prevent all illegal voting, to the best of our skill and knowledge, and make true returns thereof. So help us God. Said managers shall keep or cause to be kept two lists of voters at said election and two tally sheets. All elections shall be held at precincts to be fixed by the Mayor and Council, one in each ward of said town, and th evoting shall be by ballot. The polls shall be opened at 6 o'clock A. M. and be closed at 6 o'clock P. M. standard central time. Electors shall be allowed to vote only in wards in which they severally reside. The persons receiving the highest number of legal votes for the respective offices shall be elected. The managers and clerks for all elections shall be named and appointed by the Mayor and Council, prior to the election. and the

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Mayor and Council shall determine and provide for the pay of the managers and clerks. Management of elections. Oath of managers. Further regulations. Sec. 7. Be it further enacted, That the said managers shall certify two lists of voters and two tally sheets and shall place one list of voters and one tally sheet in the ballot box, with the ballots cast in said election and seal the same under their signature and shall forthwith deliver the same to the Ordinary of DeKalb County. The other list of voters and tally sheet shall be placed in a package and sealed and delivered forthwith to the clerk of said town, who shall safely keep the same, and at the first meeting of the Mayor and Council occurring after the expiration of the three days from said election, and within ten days after said election, deliver the said package to the Mayor and Council who shall open the same and declare the results therefrom. If an election in said town is contested, notice of said contest must be filed in writing with the Ordinary of DeKalb County, plainly setting forth the grounds of contest or illegality, within three days after said election and upon payment of ten dollars as a guarantee of cost, to said Ordinary, in advance by the contestant or contestants, the Ordinary shall within two days after the contest is filed make a copy of same and cause sam eto be served by the sheriff or his deputy, on the contestee, if the contest is for an office, and if the result of an election in which any question has been submitted is contested, the said Ordinary shall cause the notice and copy of contest to be served on the Mayor, and published one time in any newspaper published in said town or if none such,in the newspaper in said county carrying the sheriff's advertisements; said Ordinary shall fix the time of hearing of 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,

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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. Certificates to Ordinary. Contest of election. Notice. Service fee. Sec. 8. Be it further enacted, That all persons qualified to vote in said State for members of the Legislature and who shall have paid all taxes legally imposed and demanded by the authorities of said town and who shall have resided in said town three months prior to the election at which they offer to vote and who shall have registered as required by the registration laws or ordinances of said town, shall be qualified to vote at any election held under the provisions of this charter in the ward in which they severally reside. Voters qualified. Sec. 9. Be it further enacted, That it shall be the duty of the clerk of said town, upon the first Monday in November of each year to open a registration book for the registration of the qualified voters of said town. Said book shall be kept open at such hours as the Mayor and Council may prescribe each and every day (Sunday and legal holidays excepted) until the Wednesday before the first Wednesday in December, when it shall be fairly and absolutely closed. It shall be the duty of the clerk, upon application in person, and not by proxy of any male citizen who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of said town and who upon the day of election, if then a resident, will then have resided in said town for ninety days prior thereto, to allow such person to register his name and color, recording on said book beside the applicant's name, his age, occupation or business, and the street and ward in said town in which he resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer to him the following oath: You do solemnly swear that you are a citizen of the United States and

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of the State of Georgia; that you have resided in this State for twelve months, in this county for six months, and in Kirkwood for three months next preceding this registration, or that by date of next election, if then a resident, you will have done so, and that it is your intention to remain a resident until the said day of election; that you are twenty-one years of age or will be so prior to said day of election; that you have paid all taxes due the Town of Kirkwood, and all taxes required by the laws of this State, except taxes for this year, so help me God. It shall be the duty of the clerk of said town to prepare a list of the names of voters registered, after it has been purged by the Mayor and Council, in alphabetical order, and furnish the managers of the election with a complete list of the registered voters by wards, in alphabetical order, certified under his official signature and seal of office, at or before the polls are opened. The managers shall keep said list before them during the election and shall not permit one to vote in said election whose name does not appear thereon, and then only in the ward in which he resides, and when said election is over, it shall be the duty of said manager to return said lists to the clerk, to be by him safely kept and preserved. The registration for white and colored voters shall be made out separately. For any intermediate or special election in said town for any purpose, the clerk shall open the registration books at least thirty days before the date fixed for such election and shall close the same five days before the day of election, registering therefor only those qualified voters of said town who did not register on, and have not registered since, the first Monday in November previous thereto, and shall then prepare a list of the names of all voters who have registered on and since the first Monday in November, after it has been purged by the Mayor and Council, and furnished the same to the mangers of the election, as hereinbefore provided, and the names appearing thereon shall be qualified to vote in such intermediate or

Page 1033

special election. Notice of the opening of the registration book for all elections shall be given in such manner as the Mayor and Council shall prescribe, at least twenty days before the closing thereof. Should the name of any person qualified to vote in any election and who registered therefor with the clerk in due time and form, be accidentally omitted from the registration list furnished the mangers of said election, the clerk of said town may certify under his official signature and seal to such accidental omission to place his name on the list, and that he is and was duly and legally registered in due time before the registration books were closed and thereupon and by filing said certificate with the managers, said person shall be allowed to vote. Any person voting in any election held in said town, who is not qualified to vote therein under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed by law of this State for illegal voting. After said registration books are closed and prior to the day of election for which registration is had, the Mayor and Council shall examine, revise, and purge the list, as made up and returned to it by the clerk, of all illegally registered voters or persons disqualified from voting for any lawful reason; provided, that before removing any name therefrom written notice shall be served on the person or persons deemed disqualified at least 12 hours before final action thereon by the Mayor and Council, that such person may show cause, if any, why such action should not be taken. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town may provide by ordinances for the appointment of one or more persons to act as registrars of said town for the purpose of registering qualified voters thereof in the same manner as the clerk of Council is authorized to do so; but nothing herein shall affect the authority of said clerk of Council to register voters, such registrars acting under the supervision and direction of said clerk as his assistants for such purpose. Registration of voters. Oath of voter. List of voters. Special registration. Notice. Unlawful voting. Purging of list. Registrars.

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Sec. 10. Be it further enacted, That no person shall be eligible for the office of Mayor or Councilman of said town unless he shall have resided in said town not less than one year immediately preceding his election, and shall be qualified voter in municipal elections for offices of said town, 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 to office. Sec. 11. Be it further enacted, That at the first regular meeting of the Mayor and Council, which shall be held on the first Monday in January of each year after the regular municipal election in December, for the purpose of reorganization, the Council shall elect one of their number Mayor pro tempore, for a term of one year, who shall, in the absence or disqualification of the Mayor, or during a vacancy in said office, perform and discharge all the duties, and exercise all of the authority of the office of Mayor upon taking the usual oath. The Mayor and Council shall also, at said meeting, elect a city clerk and treasurer, a marshal, who may be the chief of police, and as many policemen as in their judgment shall be necessary; a city attorney, if they deem one needed; a superintendent of water works, and other employees of said department, and such other town officers as the Mayor and Council shall deem necessary in the government of said town to be fixed by ordinance. The Mayor shall be ex-officio Recorder of said town and shall preside over the Recorder's Court hereinafter created and discharge all the duties of trial judge, as hereinafter provided. Each of said officers shall take such oaths of office, give such bonds, and perform such duties as shall be fixed by ordinance, provided, that all official bonds shall be payable to the Town of Kirkwood. Said Mayor and Council shall have power and authority in their discretion to suspend and remove

Page 1035

such officers, from office, or impose fines on said officers, provided, that before removal or fine, said officer shall be entitled to a hearing before the Mayor and Council, on the charges preferred, under such rules as the Mayor and Council may fix. It shall be the duty of the Mayor and Council, prior to their election, to fix the salaries, fees or compensation of all the officers, agents or employees of said town, which, when once fixed shall not be changed during the term of office of said officer, agent or employee. All of said officers, agents and employees shall be elected or appointed for terms of one year, and until their successors are elected, appointed and qualified. The salary of the Mayor shall be fixed by ordinance at the last meeting of the Mayor and Council to be held in 1920, and biennially thereafter, which said salary shall not be changed during the term for which a Mayor is elected. Mayor pro tem. Municipal officers. Recorder. Removal or suspension. Salaries. Terms of office. Sec. 12. Be it further enacted, That the Mayor or Mayor pro tem., and five Councilmen shall constitute a quorum for the transaction of business and a majority of the votes cast shall determine questions before them; provided, that the Mayor, or the Mayor pro tem., if he be presiding in the absence of the Mayor, shall vote only in case of a tie vote, and, provided, further, that all votes making appropriations or authorizing the expenditure of town funds, or fixing the salaries of officers, agents or employees shall be the by the yeas and nays, duly recorded on the minutes; and provided, further, that on any question any Councilman may demand the aye and nay vote, and on such demand the vote shall be so taken and recorded on the minutes. The Mayor, or the Mayor pro tem., when performing the duties of Mayor, shall have veto power, and may veto any resolution or ordinance passed by the Council, in which event the same shall not become a law or have the effect of a law, unless subsequently and at the next regular meeting thereafter it shall be passed over his veto by a two-thirds vote of the entire Council duly

Page 1036

recorded on the minutes, but unless he shall file in writing with the clerk of said town, his veto on any measure passed by the Council, with his reason for withholding his assent, within three days after its passage, the same shall become a law just as if signed and approved by said Mayor, but he may approve the same in writing and the measure shall go into effect immediately. Quorum and votes. of council. Veto. Sec. 13. Be it further enacted, That the Mayor of said town shall be the chief executive officer of the Town of Kirkwood. He shall see that all laws, ordinances, resolutions and rules of said town are faithfully, fully and impartialy executed and enforced and that all of the officers, employees and agents of said town faithfully and impartially discharge the duties required of them. He shall have the general supervision and jurisdiction of the affairs of said town, and shall preside at all meetings of the Council. He shall have the power to convene the Council in extra session whenever in his judgment it becomes necessary and shall do so whenever requested by two Councilmen in writing. He shall be exofficio a member of the Board of Education, and all other boards authorized by law in said town now in existence or hereinafter created. Mayor's duties and powers. Sec. 14. Be it further enacted, That it shall be lawful for the marshal or any police officer of said town, to arrest without warrant any person or persons, within the corpoate limits of said town who, at the time of said arrest, or before that time, has or have been guilty of violating any ordinance of said town, or who he has reasonable belief or reliable information has or have been guilty and to hold such person so arrested until a speedy hearing of the matter before a proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the town prison, or in the jail of DeKalb County, for a reasonable length of time. The marshal and the police officers of said town are authorized to the same extent as sheriffs of this State to execute warrants

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placed in their hands charging any persons with violating the criminal laws of this State. The marshal and police officers of said town are also authorized to arrest anywhere within this State any person charged with violating any ordinance of said town, provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and police officers are not authorized to arrest the offender outside the corporate limits of said town, except in obedience to written warrant signed by the Mayor, Mayor pro tem. or Recorder. The said marshal or police officer may take bonds for the appearance of any person arrested by them for violation of town ordinances before the Police Court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the Mayor, Mayor pro tem. or Recorder. The Mayor and Council of said town shall have power and authority to authorize and empower the marshal or any police officer of said town to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said town, or any criminal law of this State, and to provide punishment for any person or persons failing or refusing to obey such summons. Arrest and imprisonment. Execution of warrants. Arrests out of town. Appearance bonds. Aid in arrests. Sec. 15. Be it further enacted, That the Mayor and Council shall have power and authority to establish and prescribe by ordinance a fee and cost bill for the officers of said town, which said fees and costs, when collected, shall be paid into the town treasury and accurate accounts be kept thereof. All compensation of any paid officer or official of said town shall be by salaries fixed by ordinance and regularly drawn from the treasury by the customary warrants, and no officer of said town shall receive or be entitled to receive any other compensation as fixed, nor any part of the fees or costs as above provided. Fees and costs. Salaries. Sec. 16. Be it further enacted, That the Mayor, or in his absence or disqualification, the Mayor pro tem.,

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or in case of the absence or disqualification of the Mayor and Mayor pro tem., any Councilman of said town, to be designated in writing by two other Councilmen, may hold and preside over a Court in said town, to be called the Recorder's Court, for the trial of all offenders against the laws and ordinances of said town, to be held as often as necessary, or at such times as may be fixed by the Mayor and Council. Said Recorder's Court shall have power and full authority to preserve order, compel the attendance of witnesses, order and compel the production of books and papers to be used as evidence, and to punish for contempt or disobedience to any of its mandates. Said Court shall have full authority and power to punish after conviction all violations of the charter or any ordinance of said town by fine, not to exceed one hundred dollars, by imprisonment in the town prison, or in the county jail (having previously arranged such with the county authorities), not to exceed fifty days, and to work on the streets of said town in the town chaingang, or on such other public works as the Mayor, Mayor pro tem. or presiding Councilman, may direct, not to exceed sixty days; and one or more of these punishments may be inflicted by the Mayor, Mayor pro tem. or presiding Councilman, in his discretion, and the fine imposed may be collected by execution. The Mayor pro tem. or presiding Councilman, as the case may be, shall have full authority and power in said Recorder's Court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case; or if, on the trial of any offender before said Court, it develops from the evidence that he or she is probably guilty of the violation of any criminal law of the State, to commit the offender or offenders to jail or bail them if the offense is bailable by the Justice of the Peace to appear before the next Superior Court of DeKalb County. Recorder's court. Powers. Commitments. Sec. 17. Be it further enacted, That the Mayor pro tem. or the presiding Councilman when any person or

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persons are arraigned before the Recorder's Court for a violation of any of the town ordinances, rules or regulations, may for sufficient cause shown by either side, continue the hearing for such time as the case may be adjourned to, and the accused may be required to give bond and security for his or her appearance at the appointed time for trial or may be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial the bond may be forfeited by the Mayor, Mayor pro tem. or presiding Councilman, and an execution issued thereon after serving the defendant, if any to be found his security with a rule nisi, at least five days before the hearing of said rule nisi, requiring him or them to show cause why said bond should not be forfeited. Appearance bonds. Sec. 18. Be it further enacted, That the Mayor and Council of said Town of Kirkwood shall have power and authority to organize one or more work gangs and to confine persons therein who have been sentenced by the Recorder's Court to work on the streets or public work of said town, and shall have power to make such rules and regulations as may be necessary and suitable for the care and safekeeping and control of such gangs, and to enforce same through its proper officers. Workgangs. Sec. 19. Be it further enacted, That the Mayor and Council shall at their first regular meeting in January, 1921, elect a board of tax assessors for said town, to be composed of three citizens, qualified voters and freeholders in said town whose duty it shall be to annually assess the true cash market value of all real estate situated in said town, subject to taxation, and to make returns of the same to clerk of Council at such times as may be fixed by ordinance by the Mayor and Council. At the first election under the provisions of this charter one of said assessors shall be elected for one year, one for two years and one for three years and as these terms expire, their successors shall be elected for terms of three years. Vacancies in said board shall be filled by the Mayor and

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Council, as they occur. Each member of said board shall receive such compensation as may be fixed by the Mayor and Council and to be paid as ordered by the Mayor or Council after the work of assessment for each year has been completed. Each assessor before entering upon his duties, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, without fear or favor, discharge the duties of tax assessor of the Town of Kirkwood and assess all property in said town subject to taxation, at its true cash market valuation, to the best of my skill and knowledge, so help me God. Tax assessors. Terms of office. Pay. Oath. Sec. 20. Be it further enacted, That persons making their tax returns shall not be required to return the value of their real estate, but shall return a correct and full description of the same, which description shall be filed by the Clerk of Council, with said board of assessors. It shall be the duty of said assessors to carefully examine the returns of all personal property located in or owned by persons residing in said town and in case of failure to make a true and full return thereof at cash market valuation, to assess the true cash market value thereof, and should any person fail, refuse or neglect to return his or her personal property or any portion thereof subpect to taxation in said town, said board shall assess the same and make returns thereof as required. Any person dissatisfied with the assessment of any property under the provisions of this Act, shall have the right to appeal the same to the Mayor and Council, provided, said appeal be filed within thirty days after the return of said assessment and the decision of the Mayor and Council after hearing thereon at a time fixed by them shall be final. Tax returns. Appeals from assessments. Sec. 21. Be it further enacted, That the Mayor and Council shall have authority and power to provide by ordinance when tax returns shall be made under the provision of this charter and to provide penalties for failure to make returns as required, and to provide when

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and how taxes due said town shall become due and in what length of time and in what periods shall be paid, to fix a penalty for the non-payment of taxes when due, and to issue executions against all persons who do not pay their taxes by the time fixed by ordinance. The Mayor and Council in their discretion may provide for the payment of any or all taxes in installments, and at different periods; provided, that all shall become due not later than October 15th of each year. Return and payment of taxes. Section 22. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the Town of Kirkwood, the Mayor and Council of said town shall have full power and authority to assess, Ievy and collect an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debt, money used in banking and every other species of property in said town, or owned or held therein subject to taxation; said tax not to exceed seventy-five cents on the one hundred dollars exclusive of the taxes for public schools authorized by law, and the taxes required and sufficient to pay the annual interest on the bonded indebtedness of said town and to provide a sinking fund for the purpose of paying the principal of said bonded indebtedness as required by law. The ad valorem tax above authorized for general purposes, and the public school tax and the bonded interest and sinking fund tax shall be levied under separate ordinances, each specifying the purpose for which levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. The said Mayor and Council shall have power and authority to provide by ordinance for the returns and assessments of all taxable property in said town, and to provide for neglect or refusal to comply with the same, as elsewhere provided in this Act. Tax ad valorem. Rate. Sec. 23. Be it further enacted, That the Mayor and Council shall have full power and authority to require any and every person, firm, company or corporation, whether resident or non-resident of said town, who may

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engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said town, by themselves or by their agents, to register their names, business calling, vocation or profession annually, and to require said person, firm, company or corporation to pay for said registration and for a license to prosecute, carry on or engage in such business, calling or profession, such amount as the Mayor and Council shall prescribe by ordinance not to exceed five hundred dollars for any one calling, provided, that there shall be a separate license for each business, calling or vocation, and no person securing a license for any particular business, calling or vocation shall be allowed to carry on any other business, calling or vocation or license thereunder, or at any other place or business, than at the place for which granted. The Mayor and Council may provide by ordinance for punishment of all persons, firms, companies or corporations required by ordinances to register and secure and pay for said license, who fail to register, take out and pay for the license or who engage in or attempt to engage in, such business, profession or occupation before compliance with the provisions of such ordinance. Occupation taxes. Sec. 24. Be it further enacted, That the Mayor and Council shall have power and authority to prohibit or regulate any licensed billiard tables, pool tables, pen-pin alleys and any and all tables or alleys of any kind kept within said town and used for purposes of hire, renting or of gain, or used, or kept in any public place or store to attract trade or patronage, or for the use of which any charge is made, and to charge for such license, if granted, such sum as the Mayor and Council may fix by ordinance, for the calendar year or any part thereof, and payable in full in advance. Billard and pool tables, etc. Sec. 25. Be it further enacted, That the Mayor and Council shall have full power and authority to license, regulate and control by ordinance, all markets in said town, opera houses and other places of public amusement,

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all hacks, drays or wagons used for hauling of any kind, all vehicles used for hire or for any purpose, auctioneers, itinerant lightning rod dealers, sewing machine agents, peddlers, emigrant agents, all fire or life insurance companies doing business in said town, trades of all kinds, itinerant dealers in jewelry, merchandise, medicines, and all other articles, except such as are exempted by State laws, also any person, firm, company or corporation running or operating a flying-jenney, flying horse and all circuses, side shows and performances of any kind in said town, and all persons selling foods, wares or merchandise by sample, or soliciting orders for the same; and all other businesses, callings or vocations, which are not exempt from license under the Constitution of the laws of Georgia. License and regulation of. Sec. 26. Be it furthed enacted, That the Mayor and Council shall have power and authority to make an assessment on the various lots or tracts of land, and lot owners in said town for sanitary purposes, not to exceed five dollars per annum on each lot so assessed, and said Mayor and Council are fully empowered to collect the tax by execution against the lots so assessed and the owners thereof, in the same manner as is prescribed in this charter for the collection of other town assessments or taxes. The sanitary tax so collected shall be used solely for sanitary purposes. The Mayor and Council shall have power and authority to prescribe by ordinance what shall constitute a lot for sanitary purposes and assessments, provided that no residence lot shall be fixed at less than twenty-five feet front, and provided, further, that no sanitary assessment shall be made against vacant property, nor shall any residence lot with dwelling thereon be subdivided. Sanitary tax. Sec. 27. Be it further enacted, That the Mayor and Council of said town shall have power and authority to require and compel and make persons between the ages of nineteen and fifty, subject to road duty under the laws of Georgia, resident in said town not to exceed three days

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in each year, at such time or times as the Mayor and Council may order, or to pay a commutation tax in lieu thereof, not to exceed five dollars in any one year, as said Mayor and Council may determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said Mayor and Council may require, he shall be deemed guilty of a violation of this section, and on conviction in the Recorder's Court of said town, shall be fined in a sum not exceeding twenty-five dollars or imprisoned in the town prison or jail of DeKalb County, or by labor on the chaingang of said town not exceeding twenty days. The Mayor and Council may pass such ordinances as they may deem proper and necessary for enforcing the provisions of this section and for the collection of such tax. Commutation tax. Penalty. Sec. 28. Be it further enacted, That the Mayor and Council shall have power and authority to impose a tax on dogs owned or kept within said town not to exceed two dollars per annum each, and shall have power and authority to pass such ordinance as they may deem necessary to collect such tax or otherwise enforce the provision of this section, and may authorize and direct the marshal and police officers of said town to impound or kill any dog or dogs at large within the limits of said town whose owner has failed or refused to pay said tax, and obtain evidence thereof as prescribed by ordinance, or who fails or refuses to otherwise comply with any such ordinance or regulation. Dog-tax. Impounding. Sec. 29. Be it further enacted, That all issues of bonds of the Town of Kirkwood be and the same are hereby confirmed as legal bonds of said Town of Kirkwood as reincorporated by this Act, and the legal debt of said town, and the Mayor and Council are hereby authorized and empowered to assess, levy and collect annually a tax on all the taxable property of said town, as other taxes are assessed, levied and collected, to pay the

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annual interest thereon and to provide a fund to pay off said bonds as they fall due in accordance with the Acts authorizing and the terms upon which they were issued, and the said Mayor and Council shall create a commission for the management of said sinking fund, which commission shall be composed of not less than three nor more than five freeholders of said town, and who shall manage said sinking fund. Bond issues confirmed. Tax for interest and sinking-fund. Sec. 30. Be it further enacted, That the Mayor and Council of said town shall have power and authority when necessary, to supply casual deficiencies in the revenues of said town, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of the Town of Kirkwood, as may be provided by special resolution or ordinance for the purpose, to be passed at a regular meeting of the Mayor and Council. Temporary loans. Provided, That the total sum so 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, and provided, that said loans shall always become due and payable and be actually paid in full before December 31st of the year in which borrowed. Amount limited. Sec. 31. Be it further enacted, That the Mayor and Council of said town shall have full and complete control of the streets, alleys, sidewalks, parks and squares in said town, and of the use thereof, and shall have full power and authority to condemn property for the purpose of laying out new streets, alleys or sidewalks, and for widening, straightening and grading or in any way changing the street lines and sidewalks of said town, and when said Mayor and Council desire to exercise the power and authority as to condemnation herein granted, it may be done, whether the lands to be condemned are in the hands of the owner, trustee, executor, administrator, guardian or agent and shall be done only in the manner prescribed by the Code of Georgia of 1910 and

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Acts amendatory thereof. The Mayor and Council may abandon or discontinue such proceedings at any time upon payment of the accrued cost. The Mayor and Councilmen shall have full power and authority to remove or cause to be removed any buildings, steps, fence, tree, gate, post or other obstruction or nuisance in the streets, alleys, lanes, sidewalks or other public places in said town, and to enforce the provisions of this section by appropriate ordinance. The Mayor and Council shall have full and complete power to alter, change or re-establish the grade of any street, sidewalk or crossing, or of any street or sidewalk now or hereafter opened or laid out in said town, or to order and compel compliance therewith and observance thereof, by any street railroad company occupying or using such streets or sidewalks, or any part thereof, and assess the cost thereof against the abutting property owners. Streets. Condemnation. Abandonment. Obstructions. Alterations. Sec. 32. Be it further enacted, That the Mayor and Council shall have full power and authority, in their discretion, and as hereinafter prescribed, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys, and lanes of said town, now or that may herafter be opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares or public alleys. In order to make effective the power and authority above given, and to provide funds therefor, the Mayor and Council shall have full power and authority to assess the actual cost of paving sidewalks and placing curbing by the same, against the real estate abutting on the street, but only on the side of the street on which the sidewalk is improved, if on one side only. Said Mayor and Council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing or otherwise improving any roadway or street proper, on the real estate abutting on one side of the street improved, and one-third of the cost on the other side of the street so improved; the real estate abutting on both sides of

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the street shall not together be assessed more than two-thirds of the entire cost, in the discretion of the Mayor and Council, and any street railroad company having a track or tracks running along or across the streets of said town shall be required to pay the cost in full of paving, macadamizing, grading or otherwise improving such streets between their said tracks and for two feet on each side thereof, or in case of such tracks now laid under previous grants or franchises in the nature of contracts between said town and the company owning or operating such maximum proportion as is stipulated in such grants or franchises until the same expire by original limitation in such grants, and there-after as above prescribed, and in such cases and on such streets, one-third of the remaining cost of the street improvement shall be assessed to the abutting property on each side; provided, that no curbing shall be laid and no sidewalk or street be paved or macadamized, no assessment made, under the authority, power and provision of this section, unless provided for by ordinance, notice of the introduction of which shall be given by publication in some newspaper of said town, and if no newspaper is published therein, then in some newspaper having a general circulation in said town, one time, at least ten days before an adoption of said ordinance, that any person interested in said improvements may file objections thereto with the clerk of Council and be heard by the Mayor and Council. Said notice shall contain a statement of the street or sidewalk to be improved, or the part to be improved, and the kind of improvement to be made, the date of the meeting of the Mayor and Council at which said ordinance will be considered for adoption, and the same may be adopted at said meeting, or at some subsequent meeting, in the discretion of the Mayor and Council; provided, however, where the improvement to be made is only for repair of sidewalk, it shall not be necessary to provide for the same by ordinance, but upon the adoption by the Mayor and Council of a resolution authorizing

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the chief of construction or superintendent of streets, or such other person as may have the repair of streets of the town in charge to repair sidewalks of the town, and such person shall give notice to the abutting property owner, and if the property owner be a non-resident, then to his agent or tenant, that such sidewalk is in need of repair, and after the expiration of ten days from such notice, same shall be put in repair by the chief of construction or such other person as may have charge of the repairs of the streets and sidewalks of said town; provided, the property owner may within ten days after said notice is given, petition the Mayor and Council not to make such repairs in front of his property, and the decision of the Mayor and Council as to the necessity of such repairs shall be final; and whilst said petition is pending before the Mayor and Council, such repairs shall be suspended. Said Mayor and Council shall have final authority to determine whether such notice has been published as required, and whether such improvement is necessary, and the passage of an ordinance providing for the same shall be final evidence of the notice being given and the necessity for the improvement. The amount of the assessment on each piece of real estate abutting on the sidewalk or street improved shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment, and the Mayor and Council shall have full power and authority to enforce the collection of any amount so assessed for such improvement or work done either upon the sidewalks or streets by execution to be issued by the clerk of Council against the real estate assessed, and against the owner thereof at the date of the ordinance making the assessment, which execution shall be levied by the marshal of the town on such real estate, and after advertising and other proceedings as in case of sale of realty for town taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser; provided, that the defendant shall have

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the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received; which affidavit, when received, shall be returned to the Superior Court of DeKalb County, and there tried and the issue determined as in cases of illegality, and subject to all penalties provided by law in cases of illegality for delay. The lien for assessment on abutting property, and on street railroad or other companies, for street or sidewalk paving, curbing, macadamizing, grading or drainage, shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Street-improvement. Assessmeits. Powers. Notice and objections. Ordinance or resolution. Lien. Executions. Levy and sale. Affidavit of illegality. Rank of lien. Obstructions on Sidewalks and Streets and Travel Thereon. Sec. 33. Be it further enacted, That the Mayor and Council of said town shall have power and authority to provide for and regulate the curbs and gutters that empty into the sidewalks or streets of said town; to regulate or prohibit (except as such power may be restricted by any general existing laws) the use of the streets, alleys, sidewalks and public grounds for signs, sign posts, bill boards on private or public property, awnings, telegraph or telephone poles, wires for telegraph, telephone or electric lighting or power purposes, electric light or power poles, horse troughs or watering places, hitching posts or racks, and for posting bills and advertising matter; to regulate or prohibit the carrying of 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 same to any reasonable location, or grade designated by the Mayor and Council,

Page 1050

and in case such company shall fail to remove the same to any location designated by the Mayor and Council and in case such company shall fail to remove same at the expense of such company and collect the same by execution. The said Mayor and Council shall have the authority and power to regulate by ordinance the speed at which automobiles, bicycles and other vehicles of any description shall be driven over or through the streets, alleys or public places in said town, and to punish violations of such rules, regulations or ordinances as they may pass on this subject. Said Mayor and Council shall also have power and authority to regulate the speed at which locomotives or trains or street cars shall be run within the corporate limits of said town; also the blowing of whistles and signals by locomotives, stationary engines and factories within the corporate limits, and also to prescribe by ordinance the length of time for which any railroad trains, cars, or engines may obstruct or prevent passage of the public over any public crossing or street or sidewalk within said town. Also to require railroads to provide watchman or signals at such crossings as may be deemed necessary by said Mayor and Council. Regulation of things on streets. Of vehicles. Sec. 34. Be it further enacted, That the Mayor and Council shall have power and authority to require the railroads or street railroads running through said town or a portion thereof, to make and repair public crossings for pedestrians or vehicles over or across their several roads whenever and in such manner as said Mayor and Council shall deem necessary; to make or repair such crossings or to open or to keep open any street in said town crossing them; to conform their tracks to the established grades of streets or crossings, as may be now or hereafter opened, laid out or obstructed, and the Mayor and Council may pass any ordinance needful for carrying out the provisions of this section. And in case any railroad or street railroad shall fail or refuse to make such crossings within twenty-four hours after having

Page 1051

been notified to do so by said town, the Mayor and Council shall have the power to create and make the same across the railroad or street railroad, or to repair the same at the expense of said railroad or street railroad, and may issue execution therefor and levy and collect the same as in the case of tax executions. Railroads, requirements of. Sec. 35. Be it further enacted, That the Mayor and Council of said town shall have power and authority to grant franchises, easements and rights-of-way over, in, under, on or along, the public streets, lanes, alleys, sidewalks, parks and other property of said town, on such terms or conditions as they may fix by ordinances, and provided, that no such franchise shall be granted until the application for the same, with a description of the nature of the franchise, the streets on which it is desired, the terms upon which asked and the time at which it will be acted upon shall have been advertised at the expense of the applicant, once a week for four weeks in a newspaper published in said town, or if none such, then in the newspaper in said county carrying the sheriff's advertisements. Franchises, easements, etc. Sec. 36. Be it further enacted, That the Mayor and Council shall have power and authority to lay down and construct and repair, sewers, and a sewerage system, in said town, including the disposition of sewerage matter, and in their discretion to assess a sum of not to exceed two dollars per lineal foot for the constructing such sewers, upon the property and estates respectively abutting on said sewer on each side of the street along which said sewer is laid or constructed, and in consideration of the payment of said easement, the owners of said property or estates shall have the right to have their drains from their abutting property connected with said sewer at their cost and under such rules and regulations as the Mayor and Council may prescribe by ordinance. In case any sewer is laid down or constructed through or over any private property, along the course of any natural drain or otherwise, a like assessment as above

Page 1052

named may be assessed upon such abutting property on each side of said sewer, for every lineal foot, making in all not more than four dollars for every lineal foot to be assessed upon such property through which sewers are constructed as aforesaid; provided, that when one and the same party owns the land on both sides of the sewer constructed through his property, he may be assessed only for one side thereof, and in consideration of the payment of said assessment, he or she or they shall have the right of connecting their drains from such abutting property with such sewers, as above provided in cases of street sewers. The extent and character, material used and expenses of sewers constructed, as well as the time and manner of constructing the same, shall be in the discretion of the Mayor and Council, to be prescribed from time to time by ordinance. The remaining cost of all sewers constructed after the collection of the assessments levied, shall be paid by the Mayor and Council from the treasury of the town. The assessments provided for above shall have a like lien on property against which assessed, and the same shall be enforced in like manner and under the same procedure as liens for street and sidewalk improvements provided for in this Act above. In case any sewer or parts of same shall be located upon or through private property, or such location should be for the public interest, and the owners of said property refuse to grant a right-of-way for that purpose, and such owner or owners and the authorities of said town cannot agree upon the damage to be paid for such assessment, the damage shall be assessed as in case of property taken under condemnation proceedings under the laws of the State, for opening, straightening or widening streets under this charter. Upon payment or tender of the amount of the award the work may proceed, notwithstanding the entering of any appeal. The said Mayor and Council, when in their judgment necessary for the preservation of the health of the inhabitants of said town, shall have full power and authority to extend the system of sewerage

Page 1053

and drainage beyond the limits of said town, and the provisions of this Act as to the construction, maintenance, preservation and protection of such sewerage system and the taking of property therefor, shall apply to the territory without said town limits as may be necessary for the purpose aforesaid. Sewerage. Assessments. Lien. Condemnation of right of way. Appeal. Extension beyond limits. Sec. 37. Be it further enacted, That the Mayor and Council shall have full power and authority for the preservation and the protection of all sewers in said town, to direct and control the time and manner and places where connections shall be made with said sewers and by whom the work is to be done, and on what terms and conditions, and to what extent surface water or drainage shall be permitted to flow into sewers and at what points, and generally all matters relating to the use, control and repair of sewers and sewer connections, and replacing pavements and other adjacent structures in good sanitary condition, shall be at all times exclusively under the direction and regulation of said Mayor and Council in their fair and legal discretion. In case of real estate situated on street corners and having frontage on both sides, such property may be assessed only for the abutting frontage on the street on which the sewer is first laid in the other street, one hundred feet of said frontage thereon shall be exempt from assessment thereon. Sewers; regulations. Sec. 38. Be it further enacted, That the Mayor and Council may provide by ordinance for the execution of the foregoing provisions as to sewers, sewerage, drainage and sanitation, except as to the taking of private property for construction of sewers, by and through such boards, committee or officers as they may deem best. Ordinances. Sec. 39. Be it further enacted, That the Mayor and Council shall have full and absolute power and authority to control by ordinance all city pipes, sewers, drains, private drains, water closets, privies and the like in said town; to prescribe their location, structure and use, and

Page 1054

to make such rules and regulations, and to pass such ordinances concerning them or their use, in all particulars, as may be deemed best for the preservation of health and comfort of the inhabitants of said town. The said Mayor and Council shall have full power and authority to prescribe by ordinance the kind of water closets and urinals or privies which shall be used within the corporate limits, and shall have the power and authority to condemn and compel the disuse of the same when they do not conform to the kind prescribed for use by the Mayor and Council, or whenever they shall become and be declared by the Mayor and Council a nuisance. The Mayor and Council shall also have the power and authority to order and compel the owner or owners of property within said town to connect water closets or urinals on their property with the sewer and sanitary system of said town when such property is located on or within reasonable distance of a street where there is such a sewer, and under such rules and regulations as may be prescribed by the Mayor and Council. Should any property owner fail or refuse to make such connections within the time prescribed, the Mayor and Council, through its officers or agents, shall have power and authority, in the interest of the public health, to enter upon such premises and make such connections, and assess the cost of the same, with the fixtures used therefor, against the property so connected, and enforce collection of the same by executoin as in case of sewer assessments. Control of pipes, drains, etc. Closets, etc. Connections. Sec. 40. Be it further enacted, That the Mayor and Council shall have full power and authority to compel owners of property in said town, and cellars, if the same should prove a nuisance, or the town physician should recommend that said property or cellar be cleaned, drained or filled, to clean, drain or fill the same to the level of the streets or alleys upon or near which said property or cellar is located. If the owners or occupants or users of the property or cellars shall fail or refuse, after reasonable notice to them or their agents or

Page 1055

tenants in possession as said Mayor and Council may elect, to comply with the requirements of the Mayor and Council, by cleaning, draining or filling said property or cellars, it shall be lawful for said Mayor and Council to have said work performed and collect the expenses of the same by execution, as is prescribed in this Act for sewer assessment. The Mayor and Council, or the marshal of said town, or any police officer thereof, by authority of the Mayor and Council, shall have power to direct the removal and burial or burning of the carcass of any dead animal or fowl, or decaying or offensive vegetable or animal matter or flesh within a reasonable time and on default or failure of the person upon whose premises such nuisance exists, the said marshal or police officer may cause the same to be removed and disposed of and assess the actual cost thereof, against the person from whose premises so removed and such actual expenses shall be a lien against said person and property to be collected as are other assessments against property provided for in this charter. Cellars. Carcasses, etc. Sec. 41. Be it further enacted, That the Mayor and Council of said town shall have full power and authority to declare what shall be deemed a nuisance in said town, and to provide for the abatement of the same. The Recorder's Court of said town shall have concurrent jurisdiction with the Mayor and Council with respect to trial and abatement of all nuisances in said town. Nuisances. Sec. 42. Be it further enacted, That the Mayor and Council of said town shall have full power and authority to construct, maintain and operate a system of water works for said town, and to that end shall have power and authority to acquire by gift, purchase or condemnation proceedings under the general laws of this State, all necessary lands, easements, rights of way, franchises, water rights, and water supplies and also all lands, easements and franchises, necessary for the water basis of water shed from which the public water supply may be

Page 1056

obtained, or for the protection thereof, whether within or without the corporate limits. The said Mayor and Council shall have the right, easement and franchise of laying the necessary mains, pipes, conduits or drains for water works and sewer purposes along the public highways of DeKalb County free of charge by the county, under the supervision of the county authorities, and over and across and under the lands of persons and corporations, upon payment of a just condemnation sum first agreed upon, or assessed as provided in Code of 1911 of Georgia and the Acts amendatory thereof. The said waterworks system and any system of sewers also authorized in this Act, may in the discretion of the Mayor and Council, be constructed wholly or in part, either or both, by taxation or the issue and sale by said town of bonds or other evidences of indebtedness to be authorized and issued under terms of the Constitution and the general laws of the State as to creating of any bonded indebtedness by municipalities. The said Mayor and Council shall have full power and authority to enact and enforce such rules, regulations, ordinances and by-laws as may be necessary to protect said water works system and sewer system and in every part of each, as also the water basin and water shed from which the public water supply is taken, whether within or without incorporate limits, and to have and to exercise the right to police said systems and all their parts and said basin and shed, whether within or without the corporate limits, and to fully protect and guard the same and every part thereof. The said Mayor and Council shall have full power and authority to make, pass and enforce any and all necessary rules, regulations, ordinances or by-laws as to the use of water from said system and to fix all charges therefor and collect the same. The marshal and police officers of said town shall have authority to arrest any person or persons violating any ordinance of said town in reference to its water supply, water basin, water shed or water works system or sewer system, whenever found, within or without the corporate limits

Page 1057

of said town and to carry such person or persons before the Recorder's Court of said town for trial. Waterworks. Easements in highways. Means of construction. Regulations. Arrest of violators. Public Schools. Sec. 43. Be it further enacted by the authority aforesaid, That the public school system now in operation in 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 Act of 1917 amendatory thereof, shall be and the same are hereby continued in full force and effect. School system continued. School Funds. Sec. 44. Be it further enacted, That the revenue received by the Town of Kirkwood, as its pro rata share of the State's common school fund, shall be appropriated and exclusively used in the support and maintenance of said public school system. The Mayor and Council shall levy and collect such an ad valorem tax upon all the property in said town subject to taxation as will be sufficient when added to the sum received from the State common school fund, and any other educational fund as may come into the hands of the Board of Education, to support and maintain said public schools for at least nine scholastic months in each year; provided, that said special school tax shall not exceed one per centum per annum upon said taxable property. The Mayor and Council may provide for the payment of said special school tax in installments, as in the case of the collection of the general tax levied in said town. No part of said school funds shall be used for any other purpose than in the support and maintenance of said schools and school systems or in providing furniture and other necessary equipment therefor or in the repairs and upkeep of the buildings and grounds of said schools. No new buildings shall be constructed for or erected by the Board of Education, except after express approval

Page 1058

of the Mayor and Council, and provisions made by said Mayor and Council for funds necessary therefor. State fund. Tax ad valorem. Rate. Payment. Use of funds. Buildings. Fire Protection. Sec. 45. Be it further enacted, That the Mayor and Council of said town may, in its discretion, enact any and all ordinances, rules and regulations necessary to lay out a fire district in said town, and to enlarge, change or modify the same from time to time, to prescribe how and of what material buildings within said district may be erected, how thick the walls shall be, the manner in which chimneys, flues and stove pipes shall be constructed, and to make such reasonable rules, regulations and requirements, as they may deem necessary to so far as possible protect said town from danger from fire or to prevent or stop conflagrations. They shall also have power and authority to order any changes in the construction or arrangement of chimneys, stove pipes or flues, or the removal thereof, when in their judgment the same are dangerous or likely to be so, and to compel the owner or occupant to make the changes or alterations ordered by proper ordinances, and to collect any expense incurred by the town under any ordinance passed carrying out the powers granted under this section by execution as in case of collecting other cost due said town. The Mayor and Council may exercise general supervision over all buildings of every character in said town and may condemn dangerous walls or construction in any of the same, and shall have the power and authority to exercise said supervision by passing and enforcing suitable and reasonable ordinances. The Mayor and Council shall have power to regulate, control or forbid as a public nuisance, the establishment, location or operation, within said town, of any fertilizer factory, planing mill, coal yards and residences or any manufacturing establishments, shops or business, the conduct, establishment or operation of which disturbs or interferes with the peace, comfort or health of

Page 1059

citizens of said town or is calculated to damage or depreciate property for residential purposes. Fire regulations. Flues, etc. Buildings. Nuisances. Sec. 46. Be it further enacted, That it shall be the duty of the Mayor and Council of said town to provide such fire protection therefor whenever, and as in their discretion the town can afford, or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as they may deem advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as they deem will best promote the objects of this section and afford protection from fire or conflagration to property in said town. Fire department. Storage of Combustibles, Etc. Sec. 47. Be it further enacted, That the Mayor and Council of said town shall have authority and power to provide for the inspection of steam boilers in said town, to regulate or prevent the storage of gun powder, tar pitch, rosin, coal, benzine, naphtha, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, dynamite or other combustible or explosive substances, materials or liquids, within the town limits; and to regulate the use of lights in stores or shops, or the building of bonfires; to regulate or prohibit the use of 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. Boilers, explosives, etc. Town Physician. Sec. 48. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have power and authority, in its discretion, to elect a town physician who shall be the health officer of said town, with such duties and compensations as may be fixed by the Mayor and Council by ordinances, prior to his election. His term of office shall be for one year. Health officer.

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Contagious and Infectious Diseases. Sec. 49. Be it further enacted, That the Mayor and Council shall have power and authority to make and enforce ordinance necessary or wisely precautionary for prevention of any contagious or infectious disease or the spreading or communicating thereof; to declare, maintain and enforce quarantine rules or regulations in regard thereto, and to punish any violations of any of the said rules and regulations. They shall have power to build or establish or maintain and exercise police power over a pest house within or without said town limits, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings within or beyond said town limits. They shall have power to compel the removal to the pest house of any person or persons who have smallpox or other contagious or infectious diseases, when in their wise and humane judgment it is best for the general welfare and health of said town. They shall have power to compel all persons in said town, whether residents or sojourners, to be vaccinated and may provide vaccine virus and employ physicians at the expense of the town to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide for persons failing or refusing to be vaccinated. Diseases; control and regulation. Cemetery. Sec. 50. Be it further enacted, That the Mayor and Council may acquire by gift, purchase or otherwise, land for a town cemetery and establish such thereon, within or without the corporate limits, and the government, control, management and protection thereof as it may be located, or any enlargement, or extension of the limits thereof, by purchase, gift or otherwise, and the disposition of all lots therein, shall be vested exclusively in the Mayor and Council of said Town of Kirkwood, and said Mayor and Council shall have full power and authority to pass all necessary ordinances, rules and regulations,

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relating to burials therein, to disposition of lots and the protection and preservation of said cemetery and of burials therein, and to punish violations thereof, and this power and authority shall be extended over any addition to said cemetery whether within or without the corporate limits of said town. Cemetery. Public Parks. Sec. 51. Be it further enacted, That the Mayor and Council shall have power and authority, in their discretion, to acquire by gift, purchase or otherwise, in behalf of the Town of Kirkwood, land or ground suitable for a 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, and to that end may make appropriations therefor, and to provide such officers or employees as may be necessary to care for, protect and keep the same in order. They shall have full power and authority to provide such rules, regulations and ordinances for the government of the same and of the public who frequent them, as they may deem wise or necessary, as well as private property used for park purposes. Parks. Shade Trees. Sec. 52. Be it further enacted, That the Mayor and Council shall have full power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places and cemeteries and parks in said town, and to prevent the cutting, impairing or mutilation thereof by telephone, telegraph or electric street car linemen or employees, or by other persons, unless the same is done under and with the express and formal consent of the Mayor and Council or some officer appointed by them to direct the same and then only when absolutely necessary for the public service or safety. Shadetrees; protection.

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Sec. 53. Be it further enacted, That the Mayor and Council shall have power and authority to protect by suitable ordinances and enforcement, all places of divine worship and all schools and colleges within said town, and to prohibit loitering or idling in or about the same, or the grounds thereof; or any other conduct in or about the same tending to annoy the services or duties being carried on or performed therein, or the occupants of said institutions, or the ground attached thereto. Said Mayor and Council shall also have power and authority by suitable ordinances to prevent and punish any boisterous, unseemly, indecent or disorderly conduct or behavior or any unseemly or improper gathering on the streets, sidewalks, alleys or public places or buildings or vacant property within said town or in or about or near any residence therein. Places of worship. Disorderly conduct. Sec. 54. Be it further enacted, That the Mayor and Council of Kirkwood shall have full power and authority to suppress lewd houses, lewdness and all immoral conduct, gambling 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 may deem advisable or necessary to carry out the provisions of this section. Said Mayor and Council shall have power and authority, upon proof of any house of ill fame, bawdy houses, lewd houses or gambling place or house, to vacate and abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property owner or agent who shall, after notice of the character of the inmates, continue to rent or suffer the same to remain on said premises, shall upon conviction in the public court of said town be punished as for a violation of the ordinances of said town relating to nuisances. Lewd and gaming houses. Abatement of nuisance. Sec. 55. Be it further enacted, That the Mayor and Council of said town shall have full power and authority to prohibit by ordinance the running at large in said town of horses, mules, cattle, hogs, sheep, goats,

Page 1063

dogs, and all other animals or fowls, and to prohibit the keeping of same within said town limits or if allowed to be kept therein, in the Mayor and Council's discretion, to regulate the manner and places in which they may be kept. Also to impound all such animals when found upon the streets or public places or upon the property of other persons than the owners without persmision or consent of the owner of such property, and to charge such fee as said Mayor and Council may prescribe, and in addition thereto charge for the keep of any animal so impounded. Should the owner of any animal fail or refuse to pay the impounding fee and costs of keeping said animal, the same may be sold at public outery before the town hall and the proceeds applied to the payment of said fees and costs, under such rules and regulations as the Mayor and Council may prescribe by ordinance. Animals at large. Impounding. Sec. 56. 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 warants of the Recorder, Mayor, Mayor pro tem. or acting Mayor of said town shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended or arrested 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 or its officers may be tried for such escape and punished therefor not exceeding penalties hereinbefore provided. The said Mayor and Council shall have full power and authority to provide for said town a safe and suitable prison for the keeping and detention of prisoners and convicts of said town and of persons charged with a violation of the ordinances of said town before or after conviction, and to appoint a custodian or keeper thereof. Fugitives from justice. Prison.

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Sec. 57. Be it further enacted, That said Mayor and Council shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials or violation of the town ordinances and the procedure in all such trials. All executions in favor of said town for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demanded or debt, shall be issued by the clerk and bear test in the name of the Mayor or Mayor pro tem. (except where provided in this charter), and shall be directed to the marshal of said town, and to all and singular the sheriffs and constables of this State, and shall state for what issue and made returnable to the Mayor and Council of said town ninety days after the issuing of same, and it shall be the duty of the marshal or other collecting officer to levy the same and advertise the sale of any real estate 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 sale there-under shall be made before city hall door, and within the usual hours of sheriff's and constable's sales, and under the same rules and regulations as govern sheriff's and constable's sales of similar property. Whenever any real estate is sold for taxes the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor with ten per cent. per annum thereon and interest on said principal amount at the rate of seven per cent. per annum. Whenever at any such sales for taxes due no one present shall bid for the property put up for sale as much as the amount of such execution and all costs, after such property shall have been cried a reasonable time, then any duly authorized or appointed agent of the town may bid off such property for said town, and the marshal or such other officer making the sale, shall make the Town of Kirkwood a deed to the property so sold and deliver the same, and the title thus acquired by the town shall be perfect and valid after the period provided

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for the redemption by the owner shall have expired and the marshal or other officer making the sale shall put said town in possession, and the Mayor and Council shall have no right or authority to divert or alienate the title of the town of any property so purchased, except by public sales to the highest bidder in the manner to be prescribed by the ordinance of said town. The clerk of said town shall enter on his execution docket, to be kept by him, all executions issued, giving the date, amount of each, to whom delivered, the return and all proceedings thereunder; said executions after being ratified shall be returned to the office of the clerk and there filed. All sales and conveyances made under executions as provided in this Act shall have all the force and effect of sales and conveyances made by sheriffs of this State and the officer making the sale shall have the same power as sheriffs to put purchasers of property sold by them in possession. Trial procedure. Executions. Sales. Redemption. Title and possession. Docket entry. Sec. 58. Be it further enacted, That the Mayor and Council shall have full power and authority through a committee from its body, or by appointment of any other person, in their discretion and at any time they deem proper, to examine into the working or conduct and business of any officer or office in said town, and shall have power and authority to demand, send for and compel the presence of persons or the production of all books and papers, and to swear all persons summoned as may be necessary or pertinent to said investigation. And it shall be the duty of the Mayor and the Council prior to the first regular meeting of the Mayor and Council, in each year, by suitable committee, or otherwise, to examine and audit for the year ending December 31st preceding, all books, vouchers and papers of every official of said town or of any board thereof charged with the collection, keeping or expenditure of any public funds. Examination and audit of offices. Sec. 59. Be it further enacted, That the Mayor and Council shall prescribe by ordinance how and by whom

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purchases of supplies, materials and other necessary articles, for said town or for any department thereof, and no purchase or contract of purchase, made in any other manner or by any other person, than as prescribed in such ordinances, shall be valid or binding on said town. Purchases. Sec. 60. Be it further enacted, That in case the Mayor or any Councilman, while in office, shall be guilty of malpractice or wilful neglect in office, or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming his station, or convicted or sentenced for violation of any criminal law of this State involving moral turpitude, he shall be subject to be impeached by the Mayor and Council or by Council in case of the Mayor, and upon conviction by not less than five votes, shall be removed from office. Malpractice or neglect. Removal. Sec. 61. Be it further enacted, That it shall not be lawful for any official of said Town of Kirkwood to be interested, directly or indirectly, in any transaction with, sale to, work for or contract of the Town of Kirkwood, or any department of government or services of said town, involving the expenditure of any public funds of said town. Any violation of this section by the Mayor or any Councilman, or other officer of said town, shall on conviction thereof be punished as a misdemeanor under the Code of Georgia, 1910. Interest in contracts forbidden. Penalty. Sec. 62. Be it further enacted, That after the close of each fiscal year, the clerk of the town shall make and submit to the Mayor and Council at the first regular meeting in the new year, a full tabular statement of the assets and resources and liabilities of the town, with an itemized estimate of the probable receipts, and of the probable and necessary expenses for the coming year, and shall from month to month at the first regular meeting in each month of the Mayor and Council, submit a statement of all appropriations and expenditures made and authorized by the Mayor and Council to the end of the preceding month chargeable against the estimated incomes for that year. Annual statement of assets, liabilities, etc.

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Sec. 63. Be it further enacted, That any of the officers of said Town of Kirkwood who may be sued for any act or thing done in his official capacity may be justified under this charter and the provisions of this charter may be pleaded and shall be a full defense to any action brought against the Mayor or Council or other officers of said town, either of them, under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereof. Justification of officers. Sec. 64. Be it further enacted, That the Mayor and Council of said Town of Kirkwood shall have power and authority 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 provide virtue and good morals in said town; to suppress lewdness, gaming and disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said Mayor and Council shall have full power and authority to adopt and enforce any and all ordinances they may consider advisable and necessary to carry out and execute the powers granted said town, and said Mayor and Council hereunder; to make and enforce such ordinances, rules and regulations for the government of their body and all the officers of said town, and to do any and all other acts and exercise all other powers conferred upon them by this Act or that may be done or exercised under the laws of this State conferring powers on municipal corporations and not inconsistent with the laws of this State. General-welfare powers. Sec. 65. Be it further enacted, That all ordinances, by-laws, rules and regulations heretofore adopted by the Mayor and Council of the Town of Kirkwood which are now in force and not inconsistent with nor repugnant to any provision of this Act shall remain in full force and effect under this charter, until repealed, altered or amended by the Mayor and Council. Ordinances, etc., remain effective.

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Sec. 66. Be it further enacted, That authority to carry out and effectuate by ordinances, and to provide penalties for violation thereof, whenever in their discretion the Mayor and Council may deem it necessary, and all further powers granted to said Town of Kirkwood, as reincorporated under this Act, be and are hereby expressly conferred on the Mayor and Council of said town now in office and their successors. Plenary powers. Sec. 67. Be it further enacted by the authority aforesaid, That the Town of Kirkwood, Georgia, shall have the right, power and authority to build, purchase, contract for or otherwise acquire and maintain such electric light plant or system as, to the Mayor and Council of said town, may be considered necessary and proper for the manufacture or distribution of electric current for the use of said town and of private parties within the limits of said town, either for light, heat or power, to operate said manufacturing or distribution plant or system, and to buy and sell electric current, collect charges for said current or service, and to make all needful regulations touching said operation, and the collection of charges for said operation, and the collection of charges for said electric current and services for light, heat and power, and for other purposes. Electricity. Sec. 68. Be it further enacted, That all Superior Court orders and Acts of the General Assembly heretofore passed incorporating the Town of Kirkwood and conferring powers on the same, are hereby consolidated into and superseded by this Act; and all provisions of former Acts and orders inconsistent with or at variance with this Act or any provision hereof, are hereby expressly repealed; and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Consolidation of previous acts. Approved August 16, 1920.

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LaFAYETTE PUBLIC SCHOOLS ABOLISHED. No. 421. An Act to amend an Act approved August 13th, 1903, incorporating the City of LaFayette, and the several Acts amendatory thereof, so as to abolish the public school system of said City of LaFayette, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act Sections 41 and 42 of the Act approved August 13th, 1903, entitled An Act to establish a new charter for the Town of LaFayette, in Walker County, Georgia, incorporating said town under the name and style of the City of LaFayette; to grant certain privileges to said town; to repeal all Acts in conflict thereto; to establish and define the limits of said town; to provide for the election of officers; to prescribe their duties, rights and powers; to establish a system of public schools therein; to provide for their support and maintenance by taxation or otherwise; to provide for a Board of Education in said town; to authorize and require the State School Commissioner of the State of Georgia to pay to said Board of Education the pro rata share of the State school fund to which said town may be entitled, and for other purposes, Section 61 of the Act approved August 17th, 1914, entitled An Act to amend, codify and consolidate the various Acts incorporating and amending the incorporation of the City of LaFayette, in the County of Walker, and to extend 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, Sections 4 and 5 of the Act approved August 19th, 1916, entitled An Act to amend the charter of the City of LaFayette, in the County of Walker, approved August 17th, 1914, by amending Sections 6, 14, 15, 44 and 61 of said charter,

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by changing the term of office of the Mayor and Councilmen, fixing their qualifications, and providing for the manner of their election; by providing requirements for appeals certioraries; by fixing the ad valorem tax for public school purposes at fifty one-hundredths of one per cent.; by providing for qualification and manner of election of school trustees, and for other purposes, and the Act approved August 14th, 1917, entitled An Act to amend the charter of the City of LaFayette, in the County of Walker, approved August 17th, 1914, as amended by the Act approved August 19th, 1916, by changing the terms of office of members of the School Board, and for other purposes, and all Acts amendatory theerof, be and the same are hereby repealed. Acts of 1903, 1914, 1916, 1917 amended. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the public school system of the City of LaFayette be and the same is hereby abolished, and said City of LaFayette shall not, after the passage of this Act, have authority to levy and collect any taxes for the support of public schools. Provided, however, that said City of LaFayette shall have authority to collect any and all taxes for the support of the public schools which have heretofore been levied. School system abolished. Collection of taxes. Sec. 3. Be it further enacted by the authority aforesaid, That any funds remaining in the treasury of said City of LaFayette after paying all outstanding indebtedness incurred in the support and maintenance of the public schools of said City of LaFayette, which said funds were derived from the levy and collection of taxes for the support and maintenance of public schools of said City of LaFayette, shall be turned over to the County Board of Education, to be used and expended only in the support and maintenance of public schools within a school district including therein the territory of the municipality of said City of LaFayette, provided said County Board of Education, or other governing authorities of the public schools within said school district assume

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all existing contracts heretofore entered into by the trustees of the public schools of said City of LaFayette, but not otherwise. Should said County Board of Education, or other governing authorities, fail or refuse to assume said existing contracts, then and in that event said funds shall become a part of the general funds of said City of LaFayette. Use of school funds. Sec. 4. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be and the same are hereby repealed. Approved July 24, 1920. LaGRANGE CHARTER AMENDED. No. 397. An Act to amend an Act to create a new charter for the City of LaGrange, in the County of Troup, approved December 16, 1901; to provide for the election and terms of office of the Mayor and Councilmen; to authorize the adoption of a general registration law for voters; to give the Mayor authority to veto the action of Council; to fix maximum tax rate; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That Section 2 of the Act to create a new charter for the City of LaGrange, in the County of Troup, approved December 16th, 1901, be and it is hereby amended so that said section as amended shall read as follows: The government of said city shall be vested in a Mayor and six Councilmen. The present Mayor shall continue in office until Monday following the first Wedesday in January, 1922, and until his successor is elected and qualified. The present six Councilmen shall continue to hold office as follows: The three that were

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elected in May, 1919, shall continue in office until Monday following the first Wednesday in January, 1922, and until their successors are elected and qualified; the remaining three Councilmen shall continue in office until Monday following the first Wednesday in January, 1923, and until their successors are elected and qualified; and they and their successors and associates shall have and exercise all rights, powers and duties hereby conferred on the Mayor and Council of said City of LaGrange, created by this Act. Act of 1901 amended. Terms of mayor and councilmen. Sec. 2. That Section 4 of the aforesaid Act is amended by striking the same and substituting therefor the following: Section 4. Be it enacted, That on the first Wednesday in December, 1921, and every two years thereafter, there shall be elected a Mayor, whose term shall be two years, and until his successor is elected and qualified. On the first Wednesday in December, 1921, and annually thereafter, there shall be elected three Councilmen whose terms of office shall be two years and until their successors are elected and qualified. At the first regular meeting of the Mayor and Councilmen after their election and qualification, they shall elect one of their number as Mayor pro tem., whose term of office shall be one year. In event that the office of Mayor, or any one of the said Council, shall become vacant by death, resignation, removal, or otherwise, the Mayor, or, in case his seat is vacant, a majority of the Council, shall order a new election by giving such notice as the Mayor and Council may by ordinance provide, in one or more of the city papers or at two or more of the most public places in said city, and said election shall be held and managed, returns made, and results declared, in the same manner as regular elections, as hereinafter provided. Elections. Mayor pro tem. Vacancies. Sec. 3. That Section 9 of the aforesaid Act be amended by striking the same and substituting in lieu thereof the following: Section 9. Be it enacted, That the Mayor and Council are authorized to provide by ordinance

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for the general registration of voters for all elections in said city, to make all needful rules and regulations for the same, and to prohibit any person from voting who is not legally registered and qualified to vote. Registration of voters. Sec. 4. That Section 13 of the aforesaid Act be amended by adding after the words shall be entitled to vote only in case of a tie, the following words: But the Mayor may veto any resolution, ordinance or other action of the Council, in which event such resolution, ordinance or other action shall not be effective unless at the next regular meeting of the Mayor and Council such resolution, ordinance or other action be again passed by an affirmative vote of at least four Councilmen, so that said section as amended shall read as follows: Section 13. Be it further enacted, That the Mayor, or Mayor pro tem., and four members of the Council, shall constitute a quorum for the transaction of any business before the Council, and the majority of the votes cast shall determine all questions and elections before the Council. On all questions before the City Council the Mayor, or Maor pro tem., if he be presiding, shall be entitled to vote only in case of a tie, but the Mayor may veto any resolution, ordinance or other action of the Council, in which event such resolution, ordinance or other action shall not be effective unless at the next regular meeting of the Mayor and Council such resolution, ordinance or other action be again passed by an affirmative vote of at least four Councilmen. Said Mayor and Council shall hold their regular monthly meetings at such time and place within the limits of said city as they may see proper, after giving due and public notice thereof, and they may hold called meetings when necessary to transact the business of the city. Mayor's veto. Sec. 5. That Section 25 of this Act aforesaid be amended by striking the same and inserting in lieu thereof the following: Section 25. Be it further enacted, That for the purpose of raising revenue for the

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support and maintenance of the city government and all expenses and liabilities except schools, the Mayor and Council shall have full power and authority, and shall provide by ordinance for the assessment and collection of an ad valorem tax on real and personal property within the corporate limits of said city, which is subject to be taxed by the State, said tax not to exceed three-fourths of one per cent. upon the value of said property for ordinary current expenses. In addition to the above tax herein allowed, the Mayor and Council shall have power and authority to levy a tax upon all of said property not to exceed three-fourths of one per cent. upon the value of said property, for educational purposes. In addition to the taxes above authorized, the Mayor and Council shall have power and authority to levy upon all of said property to pay the accrued expenses and liabilities of the City, a tax for the year 1920 not to exceed one-half of one per cent. upon the value of said property for the year 1920 as a special emergency tax. All of said taxes shall be levied and collected in the same manner and under the same terms and conditions, as are fixed by law and provided by ordinance. Tax ad valorem. Rate. School-tax rate. Additional emergency tax. Rate. Sec. 6. That Section 26 of the aforesaid Act be amended by striking the same and substituting therefor the following: Section 26. Be it further enacted, That any person owning or holding property of any kind, in any capacity, within the corporate limits of said city, shall for the current year and on January 1st of each year thereafter, shall return the same for taxation under oath at such time after said date as the Mayor and Council shall provide to the city clerk or other officer authorized to receive tax returns for said city. The Mayor and Council of said city shall prepare, or cause to be prepared, a blank form or schedule, for the return of all taxable property, with appropriate blanks and lines for property of every kind and description, subject to

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taxation under the laws of this State, and each taxpayer and property owner in said city shall fill out said schedule, entering thereon at actual market value all the property owned or held in any capacity by said taxpayer, of every kind and description, both real and personal, including money, notes and accounts, choses in action, mortgages, crop liens, stocks, bonds and other investments and taxation. The full face value of all notes, accounts, mortgages, crop liens, stocks, bonds, and other investments and securities held by each taxpayer in said city in his own right, or as agent, trustee, guardian, administrator or executor, on the day determined by the Mayor and Council for the valuation of property for taxation, shall be returned, whether considered solvent or insolvent, with the actual value of all such notes, accounts, mortgages, stocks and bonds, and other securities and investments. Printed on said blank form shall be the following oath, which the person making the return must take and subscribe in the presence of the city clerk, or other officer authorized by the Mayor and Council to receive tax returns for said city, to-wit: I do solemnly swear that the above and foregoing is a true and correct return of all property, real and personal, owned or held by me as agent, trustee, guardian, executor or administrator, in any capacity whatever on the first day of January of the current year, subject to taxation in the City of LaGrange, including money on hand, notes, accounts, mortgages, stocks, bonds and other investments and securities at actual market value, so help me God. And said oath shall be signed by the person making said tax returns, and attested by the officer receiving the said returns. Said tax returns shall be by the city clerk or other officer receiving the same, placed before the city tax assessors as hereinafter provided for, when they meet to make their assessments. Said Mayor and Council shall have full power and authority to fix by ordinance the day in each year on which property shall be valued for taxation. Tax returns. Oath.

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Sec. 7. Be it further enacted that Section 27 of the aforesaid act be amended by striking the entire section and substitutinng therefor the following: Be it further enacted, That the said Mayor and Council shall for the current year and at their first regular meeting in January of each year hereafter elect three intelligent, discreet and upright persons, citizens and qualified voters in said city and owners of real estate therein, whose term of office shall be one year, to act as city tax assessors. The city clerk shall act as clerk to said Board of Tax Assessors so elected. The said city tax assessor so elected may at any time be removed from office by the Mayor and Council for good and sufficient cause to be judged by said Mayor and Council, and all vacancies occurring from any cause shall be filled by the Mayor and Council at its next regular or called meeting. It shall be the duty of the said tax assessors to carefully appraise and assess at its actual market value all real estate in said city for the purpose of taxation by said city, and it shall be their duty to carefully examine all tax returns placed before them by the officer receiving the same, and it shall be their further duty to increase to actual value all personal or other property listed upon said tax returns, if in their judgment they believe the value placed thereon by the taxpayer or his agent does not represent the actual market value of the property so returned. The Mayor and Council shall have authority to prescribe rules for the government of said city tax assessors. Said assessors shall make a final return of the assessments made by them to the said Mayor and Council each year at such time as the Mayor and Council by ordinance shall fix. Prior to the time that such final returns are to be made to said Mayor and Council the said Board of Assessors shall appoint a time and select a place for the hearing of objections to any assessments made, said objections to be heard by the Board of Assessors, of which public notice shall be given as may be prescribed by ordinances, and the Board of Assessors shall give to each owner of property whose tax returns of personalty

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has been increased, at least ten days notice of the time of such hearing, stating therein the items upon which such increase has been made and the amount of such increase. If the property has been given in by an agent, notice to such agent shall be considered sufficient. If the owner is not a resident of the city and has no known agent residing therein, the Mayor and Council shall prescribe by ordinance what notice, if any, shall be necessary. Said Mayor and Council shall have power and authority and shall provide by ordinance for the assessing of all property of every description at its market value, both real and personal, which has not been returned for taxation, and for the double taxing of defaulters. Tax-assessors. Clerk. Duties. The city tax assessors shall take the following oath: I do solemnly swear that I will faithfully perform the duty of tax assessor of the City of LaGrange to the best of my skill and ability, and that I will conscientiously and to the best of my ability and knowledge and judgment to arrive at the actual market value of all real estate and such other property as is placed before me for assessment without fear, favor or affection, and that I will return same at its actual market value, so help me God. Oath of assessors. Said tax assessors shall have the power and authority to require all taxpayers, be they individuals, firms, corporations or associations, to furnish them an accurate list of all assets, including notes, accounts, mortgages, taxable stocks and bonds, and all other securities and investments which are subject to taxation by the State. They shall further be authorized to require such individuals, firms, corporations or associations to furnish them with a true financial statement of the affairs of such firms or corporations, individuals or associations, and to give to them any other detail information relative to the manner in which said individual, firm, corporation, or association, arrived at the value of any item upon said returns, if in their opinion such

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production or source of information is deemed necessary in order to accurately arrive at the correct market value of any item so listed. Powers. All assessments made by said assessors shall become final if no objection is filed in writing on or before the time set by the said Board of Assessors for the hearing of such objections; notice such as the Mayor and Council shall by ordinance prescribe, having been given of such hearing, and if objections are made at the said hearing to any assessment the decision of said Board of Assessors, after hearing evidence, shall be final. The said Board of Assessors, on the hearing of objections, may increase or decrease any assessment previously made by them. Assessments. Mayor and Council shall provide for the punishment of any taxpayer refusing to comply with their request with reference to the producing of any book, paper, record, or any other enlightening evidence which may tend to assist the said tax assessors in arriving at the true market value of all items returned for taxation, and shall fix reasonable rules and regulations for their production. Production of books, etc. The said assessors may, at their discretion, and at the expense of the City of LaGrange, employ the services of engineers, contractors, architects, or any other expert in any department, for the purpose of securing any information that will be of assistance to them in accurately ascertaining the actual market value of any property subject to taxation by said city. Ascertainment of values. After the final returns have been made by said tax assessors and all hearings have been disposed of by them and after same shall have been delivered to the Mayor and Council as final, it shall be then the duty of the city clerk to place before the Mayor and Council the aggregate amount of all property so returned at its actual market value. It shall then be the duty of said Mayor and Council to fix such percentage of the actual market

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value of said property, which percentage shall be applied to all property alike, as a basis of assessment for taxation, the amount of such percentage must be sufficient to meet all of the annual expenditures of said city, based on the legally authorized tax rate in force in the year in which the said percentage of valuation is made. Percentage of market value. Sec. 8. That Section 42 of the aforesaid Act be amended by adding at the end thereof a new subdivision to be numbered 10, which shall supersede any previous portion of Section 42 in conflict therewith, and to read as follows: Prior to the passage of any ordinance or resolution providing for the paving or improvement of any street or portion of any street, except sidewalks, the Street Committee, together with the Mayor, shall cause to be published for at least three times a week during two successive weeks a notice in the daily newspaper of the city, or in the event there is no daily paper, then in four consecutive issues of some weekly paper of the city, that at a time and place to be therein specified, said Committee will meet to make a determination in respect thereto; such notice shall also be sent to each owner of property, owner on such street to be improved at his last known address and shall contain a brief description of the character, location and extent of the proposed improvement. Any person interested shall be entitled to be heard at such meeting; if before such meeting a protest against the improvement, in writing, signed by the owners of a majority of the lineal feet frontage upon the street, section of a street, public place or square proposed to be improved, exclusive of any portion thereof owned by the city, or intersections of streets and acknowledged as deeds of real estate are required to be acknowledged, be filed with said Street Committee, they shall not decide in favor of the proposed improvement nor shall they again consider the same within nine months, but the owners of a majority of the frontage of said street, or of a smaller section of

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the same, not less than one block in length on said street, may file with the said Street Committee a petition therefor, and in that case the said Street Committee may at any time decide in favor of the improvement as therein requested. Street improvements. Protest. If the said Street Committee shall determine that such improvement ought to be made, it shall then present to the Mayor and Council a plan and accurate specification of the proposed improvement with a written statement specifying the location, character and extent of such improvement, of what materials the same is to be made, and estimated cost thereof, specifying the particulars and items of said cost, with a copy of the resolution of said Street Committee determining that such improvement ought to be made and an estimated statement of the amount which should be borne by local assessment, said statement to be signed by the Mayor and Chairman of the Street Committee. Estimate, etc. In case the Mayor and Council approve such recommendation it shall be by resolution authorizing the Street Committee to make such improvement, and same shall eb entered upon the minute books of the city. The Street Committee, with the approval of the Mayor and Council, may in its discretion adopt plans and specifications for different kinds of paving or materials. Resolution. The Mayor and Council may borrow for the purpose of paving for the cost of street improvement during the progress thereof in the anticipation of the collection of assessments therefor, an amount sufficient to defray the cost of such improvement. All sums of money expended in the payment of interest upon such sums as may be borrowed shall be included in and shall be apportioned and assessed as a part of such improvement. Borrowed money. In case the work shall be paving, macadamizing, or telfordizing a street, lane or alley, with or without storm sewers, the city engineer shall ascertain the aggregate length of lots upon both sides thereof, and the

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front length of each lot or parcel with an aggregate description thereof, and the name of each owner so far as it can be ascertained. The Street Committee shall then determine the expense of the whole work, including the expense of surveying, advertising and preparing the assessment lists, and cause the average expense upon each front foot of the parcels of land upon both sides of said street, lane or alley, including cross streets, to be ascertained and each and every lot or parcel of real estate to be assessed with its portion of the expense by multiplying its number of feet front into the average expense per foot. In the event there shall remain a portion or the whole of any block on any street, which has not been paved, macadamized or telfordized lying between portions of said street or intersecting with streets which have been paved, macadamized or telfordized, the Street Committee, subject to the approval of the Mayor and Council, shall have the power to enter into a contract for paving, macadamizing or telfordizing that portion of said street so unimproved without the consent of the abutting property owners if in their judgment they deem such action to be to the best interest of the city; the expense connected therewith to be assessed in the same manner as is provided for other paving, macadamizing or telfordizing under this Act. The Street Committee is authorized and empowered at any time upon any paved or unpaved street, or upon any street where improvement is contemplated, to compel the residents of any such streets and the property owners whose lots front or abut thereon to lay house connecting drains, gas and water pipes in the manner they shall provide from the line of curbing in front of their property on any street to the sewer, gas and water mains or pipes or either connecting them therewith. Whenever the residents or owners of said property fail to comply with the regulations of said Street Committee, subject to the approval of the Mayor and Council at the expense of such owners, same may be done by the said Street Committee. Such expense shall be assessed

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upon the real property so connected in the same manner as is required when voluntary connections are made. When work of any local improvement has been completed, the Street Committee shall direct the cost and expense thereof to be assessed by the city engineer, and it shall be the duty of the said city engineer to immediately assess the cost and expense, including surveying, advertising, inspection and assessment of such local improvement, upon the property lying within the district of assessment as heretofore provided, separately assessing and stating the amount assessed for paving, sewer or sidewalks respectively, and also stating the amount to be paid by the city separately, stating the amount for paving, sewer, sidewalks or crossings. He shall make an assessment roll and set the amount of the tax assessed for each of said improvements opposite the name of the person, corporation, association and property assessed, which property shall be briefly described by number of lot or otherwise, so that it may be located and identified. When completed said assessment role shall be deposited in the office of the city clerk and the city clerk shall give public notice in one of the city newspapers for one week of the completion thereof, and send written notice by mail to each person so assessed, addressed to his last known residence, that such assessment role has been prepared and will remain at said office for ten days from the date of said notice, during which time any person interested may examine such roll. On the day and hour specified in said notice, the Street Committee shall hear and consider any objection to said assessment and shall decide upon the same and shall if need be alter and correct said assessment roll, and when completed sign the name and file it with the clerk. Within ten days after the assessment roll is completed, signed and filed, any party thinking himself aggrieved may file with the city clerk a written appeal thereform, briefly stating the grounds of such appeal. The Street Committee shall thereupon proceed to hear and determine such appeal or

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appeals from view of the property assessed, or upon evidence, or both, and affirm or reverse the assessment and for such purpose may subpoena and compel the attendance of witnesses and the production of papers. In case of affirmance the proceedings thereafter to collect the said assessment shall remain the same as if no appeal had been taken; in case of reversal the Mayor and Council shall appoint three disinterested freeholders of the city who shall proceed in like manner and for such purpose be invested with the same power as the city engineer to make a new assessment. They shall make their tax roll in the same manner and and sign the same and file it with the city clerk and it shall be conclusive upon all parties; such freeholders shall receive four dollars per day for their services, to be paid by the city unless the assessment of the appellants, as determined by said freeholders, shall be no less favorable to them than the assessment appealed from, in which case the fees of such freeholders shall be paid by the appellants and added to the amount of their tax respectively by said freeholders in proportion to the amount thereof. If no appeal is taken from the first assessment roll filed with the city clerk, or if an appeal be taken therefrom and such assessment be affirmed, the Mayor and Council shall cause the proper warrant to be attached thereto and to be delivered to the city clerk. If an appeal be taken from such first assessment and the same be reversed the Mayor and the Council shall cause the proper warrant to be attached to the second assessment roll by such freeholders and to be delivered to the city treasurer; thereupon the city treasurer shall receive the taxes for said local improvements for thirty days without fees. Said Mayor and Council shall have the right to collect said assessments on a delayed payment plan. The provisions of this subdivision No. 10 shall not apply to sidewalk paving, curbing, storm sewers, and shall not apply to any grading of any kind that may be done. This subdivision No. 10 is intended to supersede any provision in

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any of the foregoing subdivisions of this section which may conflict with this subdivision. The foregoing subdivision No. 10 of Article 42, shall not become operative until same shall have been voted upon by the legally qualified voters of LaGrange, Georgia, and shall have been ratified by a vote of two-thirds of those voting at an election called by the Mayor and Council for that purpose, the said election to be conducted under the rules and regulations as may be in force in City of LaGrange governing elections at the time this election is held. Those voting in favor of the provisions of this subdivision No. 10 shall have written or printed on their ballot In favor of abutting property owners paying entire expense of street paving. Those voting against the provisions of this subdivision No. 10 shall have written or printed on their ballot Against abutting property owners paying entire expense of street paving. The Mayor and Council of LaGrange shall cause a copy of this subdivision No. 10 to be published for four consecutive issues next preceding the date of the election in all the newspapers published in LaGrange. In the event the qualified voters of LaGrange shall decline to ratify the foregoing subdivision No. 10 of Article 42, such result shall in no way have the effect of invalidating any other section or subdivision of this Act. Ascertainment of expense. Connections. Assessment. Objections. Appeals. Payments. Submission to popular vote. Sec. 9. Be it further enacted, That there shall be added to the charter of LaGrange a new section which requires the different departments of said City of LaGrange to prepare annually a budget system, said section to read as follows: The Mayor shall, at first regular meeting of Council in each fiscal year, submit a budget estimate of the revenues and expenditures of the city for the current year. This estimate shall be compiled from detailed estimates obtained from the several departments of the city on uniform blanks to be furnished by the city clerk. The classification of the estimates shall be as nearly uniform as possible for the

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main functional divisions of each department, which shall give, in parallel columns, the following information: (a) A detailed estimate of the expense of conducting each department, division or office, for the current year. (b) Expenditures for corresponding items for the past two fiscal years. (c) Amount of materials and supplies on hand at the time estimate was prepared. (d) Increase or decrease of appropriations proposed by each department as compared with corresponding appropriations for previous year. (e) Such other information as may be enlightening. (f) Recommendation of the Mayor as to the amounts to be appropriated, with reasons therefor in such detail as may be advisable. At the first regular meeting of each fiscal year, the appropriation ordinance for the current year shall be passed and it shall be unlawful to make expenditures in any department of the city's affairs in excess of amounts allocated for that particular department as set forth in the budget for the current year's expenditures as approved. At the end of each fiscal year all unexpended balances of appropriations in the treasury shall revert to the general fund and be subject to further appropriations. Budget. Sec. 10. That all laws and parts of laws in conflict with the foregoing are hereby repealed. Approved July 23, 1920. LaGRANGE CITY RECORDER ACT AMENDED. No. 589. An Act to amend an Act to create the office of City Recorder of LaGrange; to provide for the election of a Recorder, to fix his compensation and bond; to define his powers, duties and liabilities, approved August 5, 1913; so as to provide for the election of the Recorder for the City of LaGrange, by the qualified

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voters of the City of LaGrange, to fix his compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That Section 1 of the Act to create the office of City Recorder for the City of LaGrange; to provide for the election of a City Recorder; to fix his compensation and bond; to define his powers, duties and liabilities, and for other purposes, approved August 5, 1913, be and it is hereby amended, so that said section as amended shall read as follows: Act of 1913 amended. To be read. Section 1. Be it enacted by the General Assembly of the State of Georgia, That on the first Wednesday in December, 1920, and every two years thereafter, there shall be elected by the legally qualified voters of the City of LaGrange, at an election to be called and provided for by the Mayor and Council of LaGrange, a Recorder for the City of LaGrange, Georgia, whose term of office shall begin on January 1st, following said election, who shall hold office for a term of two years, and until his successor is elected and qualified. In case of death or resignation of said Recorder, the vacancy shall be filled by a Recorder elected at a special election to be called by the Mayor and Council of LaGrange for this purpose. The duty of said Recorder, when so elected, shall be 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 had, under the provisions of the Act approved December 16, 1901, creating a new charter for the City of LaGrange, and the ordinances passed in pursuance thereto, when sitting as 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 violation thereof as may be prescribed by such ordinances; he shall have the same power the Mayor had under the Act approved December 16, 1901, creating a new charter for the City

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of LaGrange, and the ordinances passed in pursuance thereto, to preserve order, fine for contempt of court, compel attendance of witnesses; issue warrants and such other authority that the Mayor had; 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 decision of the Recorder 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 Troup County under the same rules and regulations as now govern applications for certiorari from the decisions of Justice of the Peace Courts. Recorder's election, term, duties, etc. Sec. 2. Be it further enacted, That Section 2 of the aforesaid Act is amended so that said section as amended shall read as follows: Section 2. Be it further enacted by the authority aforesaid, That the salary of said Recorder shall be one hundred ($100.00) dollars per month, to be paid monthly by the City of LaGrange, Georgia, out of the funds raised by said City of LaGrange by taxation or otherwise, for the purpose of defraying the current expenses of said City of LaGrange. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920.

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LaGRANGE; MAXIMUM AMOUNT OF BONDS. No. 398. An Act to fix the maximum amount of bonds which can be issued by the City of LaGrange for schools, water works, electric lights, sewers, gas works and other public utilities, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the City of LaGrange may issue bonds for schools, waterworks, electric lights, sewers, and other public utilities, and for other purposes, to any amount not in excess in the aggregate of the maximum fixed by the Constitution of Georgia, when authorized by the qualified voters of said city as provided by law. Bond issues. Sec. 2. Be it further enacted, That there is hereby created in the City of LaGrange a commission composed of three members to be known as a Sinking Fund Commission, whose regular terms of office shall be six years. The Mayor and Council may, at their regular meeting after the passage of this Act, elect one Commissioner for a term of six years, one for four years, and one for two years, and biennially thereafter elect one Commissioner for a term of six years. The Commissioners so elected shall hold office until their terms have expired or until their successors have been elected and qualified. In case of vacancy the Mayor and Council shall elect some suitable person to fill the unexpired term. Said Sinking Fund Commissioners shall be men of integrity, owners of real estate, and of recognized business ability; they shall be required to take such oath as the Mayor and Council may prescribe and make a suitable bond commensurate with their responsibility with an approved bonding company. The Sinking Fund Commission shall have entire charge and control of the moneys annually collected from taxes for sinking fund purposes, and shall hold, control and invest same only, in the bonds of the

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United States or any political subdivision thereof, or they may in their discretion use such funds for the purchase of any bonds of the City of LaGrange. Said Sinking Fund Commission shall make such report, and render such accounting to the Mayor and Council of their actions, investment or otherwise, as said Mayor and Council may direct. Failure of such Commission to render such report, without a reasonable excuse, shall be authority for said Mayor and Council to institute any legal proceedings that they may deem necessary against said Commissioners or against the bonding company, in the name of the City of LaGrange, any moneys remaining in the hands of said Commissioners, after the payment of the entire bonded debt for which it was accumulated, shall by them be paid into the general fund of the City of LaGrange. Sinkingfund commission. Terms. Vacancies. Powers. Report. Sec. 3. Be it further enacted, That all laws or parts of laws in conflict herewith are hereby repealed. Approved July 23, 1920. LAVONIA BOARD OF EDUCATION, AND SCHOOL TAX. No. 602. An Act to amend an Act approved August 8th, 1908, authorizing the City of Lavonia, in Franklin County, Georgia, to establish and maintain a system of public schools for said city. To provide for a Board of Education, and to define their powers, and duties; to empower the Mayor and Council of said city to levy, assess and collect a tax for the support of said schools, and for the maintenance of the same. 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

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Act Section 7 of an Act, approved August 8th, 1908, establishing a public school system, in the City of Lavonia, Georgia, be and the same is hereby amended, by striking therefrom the words one-fourth of one per cent., which appears in fourth and fifth lines of said section, and insert in lieu thereof the following words: One-half of one per cent., so that said section when amended will read as follows: Act of 1908 amended. To be read. Be it further enacted by the authority aforesaid, That for educational purposes, required by this Act, the Mayor and Council are hereby authorized to levy and collect a tax on all property in said City of Lavonia, not to exceed one-half of one per cent., on the regular assessed value of said property, in addition to that raised for ordinary current expenses. Said amount of school tax when collected shall be kept separate from all other funds, and paid over to the Board of Education, to be used for school purposes. 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 10, 1920. LAVONIA TAX RATE. No. 601. An Act to amend an Act approved August 20th, 1918, entitled an Act to incorporate the City of Lavonia, in the County of Franklin, State of Georgia, to define the corporate limits thereof; to provide a municipal government for said city; to confer certain powers and privileges thereon, and for 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

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of this Act Section 34 of an Act approved August 20th, 1918, incorporating the City of Lavonia, in Franklin County, State of Georgia, to provide for a municipal government for said city, and other purposes, be and the same is hereby amended by striking from said Section 34, in the ninth line, after the word exceed, the words one per cent., and insert in lieu thereof, in said line, the words twelve and one-half mills, so that said section when amended will read as follows: Act of 1918 amended. To be read. Sec. 2. Be it further enacted by the authority aforesaid, That in addition to the special school tax, authorized by an Act of the General Assembly of said State, approved August 8th, 1908, and thereafter ratified by a vote of the qualified voters of said city, the said City of Lavonia shall have the right and power, and hereby clothed with the authority to assess, levy and collect a tax upon all property, both real and personal, within the limits of said city, not to exceed twelve and one-half mills ad valorem, to assess, levy and collect a specific or occupation tax on all business, occupations, professions, callings or trades, public or private, exercised within said city as may be deemed just and proper, and upon all franchises and incomes, to fix a license and levy a tax on all theatrical exhibitions, circuses, and shows of all kinds, on hacks, drays, and all kinds of vehicles and conveyances, hotels, boarding and rooming houses, restaurants, fish stands, fruit stands, billiards, pool and other kinds of tables, ten pin alleys, skating rinks and all other kinds of amusements, picture shows, butcher shops, livery stables, garages, auctioneers, and upon all other classes and kinds of business legitimately coming within the police power of said city, as may be just and reasonable. The taxing power of said city, except as herein specifically limited, shall be as broad and general, as complete and full as that of the State of Georgia. Said city shall have the right and power to provide by ordinance for the return of all real and personal property for taxation,

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to provide for compelling such return, and to provide penalties for failure to do so; to double tax defaulters and those failing to make such returns, after due notice and hearing to be prescribed by ordinance for the current or any previous years, not in conflict with any limitations prescribed by the laws of this State; to prescribe the time or times at which said returns shall be made, and shall have the power to enforce the collection of all taxes by execution issued by the clerk, directed to the chief of police and any member of the police force of said city, and bearing test in name of the Mayor, which execution shall be issued in the time and manner prescribed by ordinance not in conflict with the State laws, and such execution shall be enforced by levy on and sale of the property of the defendant, and all sales of property thereunder shall be had and conducted as is now or may hereafter be provided by State laws, and the ordinances of said city not in conflict with said State laws; and where the owner of property in said city is unknown, such execution may be issued against said property and the levy thereon and sale thereof shall be had as provided by ordinance. And the power of said city to provide machinery and methods for the return, assessment and taxation of property within said city shall be as full and complete as that of the State of Georgia. 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 the same shall be made, and shall provide penalties for engaging in such business and occupations without having first registered and paying the tax required, and shall have the power in addition thereto to enforce the collection of said taxes by executions as hereinbefore provided. The Mayor and Council of said city shall have the power and authority to appoint a Board of Tax Assessors of all property in said city, both real and personal, consisting of three freeholders of said city, which Board shall assess for taxation the values of all real and personal property in

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said city, and perform such other duties in connection therewith as the Mayor and Council may prescribe, and said Board 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 of books and papers by attachment for contempt which may be punished by said Board as in this charter prescribed for contempt committed before the City Police Court, and the Mayor and Council shall have power and authority to provide by ordinance, not in conflict with State laws, for the ascertainment of the value of all taxable property by said Board, in contested cases, and shall provide for notice and hearing to taxpayers, the value of whose property has been increased or whose unreturned property has been assessed. Ad valorem tax rate. The above tax of twelve and one-half mills is levied for the purpose of defraying the ordinary expenses of said City of Lavonia. Ordinary expenses. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920. LINCOLNTON SCHOOLS, AND BOARD OF EDUCATION. No. 486. An Act to amend an Act incorporating the Town of Lincolnton, Lincoln County, Georgia, approved August 4, 1917, to amend Sections 40 and 41 of said Act, so as to create an independent local public school system for the said Town of Lincolnton, Georgia, separate from Lincoln County, Georgia; to create a Board of Education for the Town of Lincolnton, Ga., consisting

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of three members appointed by the Mayor and Council of said town; to prescribe their qualifications, powers, duties and term of office; to provide that after the year 1919 the Board of Education for said town, through its treasurer, shall receive the funds appropriated by the State for the public schools of said town direct from the State Superintendent of Schools instead of from the superintendent of schools for Lincoln County, Georgia; and to amend Section 48 of said Act by striking from line 5 thereof the words and figures twenty thousand dollars ($20,000), and inserting in lieu thereof the words and figures thirty thousand ($30,000) dollars, 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 from and after the passage of this Act, Section 40 of the Act approved August 4, 1917, creating a new charter for the Town of Lincolnton, Georgia, be and the same is hereby amended to read as follows: 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 for other purposes; that said school system established shall be an independent local system separate from Lincoln County and, after the year 1919, the treasurer of the Board of Education for said town hereinafter provided for, shall receive the State funds appropriated to the schools of said town, direct from the State Superintendent of Schools instead of from the superintendent of schools of Lincoln County, Georgia. Act of 1917 amended. Public school system. State funds. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act Section 41 of the Act approved August 4, 1917, creating a

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new charter for the Town of Lincolnton, Georgia, be and the same is hereby amended to read as folloys: 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 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 same; that an election, in accordance with this section, was held in said town on June 25, 1919, and resulted in favor of For free schools, and the result thereof legally declared by the proper authority, which election is hereby ratified by this Act; that the Mayor and Council of said town, in accordance with the result of said election, have established a free school system in and for said town which is hereby ratified by this Act, and which is hereby declared to be an independent system seperate from Lincoln County; that there shall be a Board of Education for said town known as the Board of Education for Lincolnton, whose duty it shall be to manage, control and maintain said school system, to purchase real estate for school purposes, to sell and convey any real estate that may not be necessary for school purposes, under direction of the Mayor and Council of said town, to build and equip necessary school buildings for said town, and to that end shall contract with any person, firm or corporation for the erection and equipment of school buildings and receive and pay out all money for that purpose whether the same be raised by the sale of municipal bonds or otherwise. The contracts for the building and equipment of school buildings shall be made in the name of the Town of Lincolnton,

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Georgia, and signed by the Chairman of the Board of Education and the secretary thereof, and shall be executed in triplicate, one each for the contracting parties and one to be filed with the clerk of the Council of said town, and when a contract is so made it shall be binding upon said town, such contracts to be made only with the best and most reasonable bidder for such work under competitive bids for same, which bids must be filed with the secretary of said Board on or by such a time as may be fixed by said Board, must be sealed in an envelope and must be accompanied by a certified check for such amount as the Board may require to show good faith, the check filed with any rejected bid to be returned to giver, to employ an architect to plan such building, or to supervise the erection of the same, or both, to require a good and solvent bond, payable to the Town of Lincolnton, Ga., of such contractor or contractors, and to do and perform all other acts and duties that are incident and usual in the erection and equipment of school buildings; that said Board of Education shall consist of three upright and intelligent citizens of said town, who must be freeholders thereof, to be elected by the Mayor and Council of said town, at the regular meeting in June of each year, and to hold their offices from July 1st to July 1st except that those appointed first under this Act shall hold to the following July 1st only, or until their successors are elected; that the officers of said Board of Education shall be a Chairman, elected by said Board from the members thereof; and a secretary and treasurer, elected by said Board, who may or may not be one and the same person; that the secretary of said Board shall keep accurate minutes of the meetings of said Board, who are to hold at least one monthly meeting during the session of the schools of said town; and the treasurer, before entering upon the duties of his office shall take and subscribe an oath to faithfully discharge the duties of his office and shall give bond in such sum as may be fixed by said Board of Education to faithfully account for all money

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coming into his hands as such officer, which bond shall be payable to the Town of Lincolnton, Georgia; and the said Board is hereby empowered to bring suit in the name of the Town of Lincolnton 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 treasurer, and the proceeds of said suit shall be applied to the public schools of said town and said treasurer shall pay out no money except by order of the Board, and his term of office shall be co-extensive with the Board by which he was elected; that after the year 1919, as aforesaid, the appropriation of funds by the State for the schools of said town shall be paid direct to the treasurer of the Board of Education for said town by the State Superintendent of Schools instead of from the Superintendent of Schools for Lincoln County, which treasurer is authorized to receive and to receipt for said funds; that said Board of Education shall elect all teachers for schools of said town, fix their salaries, and pay them, enter into contracts with them as teachers, fix the school term, and remove any or all of said teachers, upon proof of inefficiency, immoral or unbecoming conduct, incompetency, or for any other just cause, the one or ones sought to be removed having the right to defend themselves before said Board at the hearing of complaints against them, before any removal is had; that said Board of Education shall have the right to elect a superintendent for the schools of said town, who may be the principal of the most important school for whites in said town, but the teachers, including principals of the school and superintendent, are amenable to said Board for the proper conduct of the school or schools; that said Board of Education shall make an annual report in writing to the Town of Lincolnton showing the conditions of said schools, and shall accompany said report with a full itemized statement of all moneys received and expended by said Board, and present vouchers therefor, and said Town of Lincolnton may provide for an audit of said report and all books of record kept

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by said Board; and that the record of receipts and expenditures kept by said treasurer are open to inspection at all times to the Mayor and Council, or to any citizen of said town. Election for free schools. Ballots. Board of education. Contracts. Election of board. Terms of office. Chairman. Secretary. Treasurer. Teachers. Annual reports. Sec. 3. 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 school system for the ensuing year and shall submit such finding to said Mayor and Council of said town in writing, and shall recommend the rate of tax to be levied for such purpose not to exceed that allowed in said Act creating a new charter for the Town of Lincolnton, approved August 4, 1917, and when such recommendation is made the said Mayor and Council shall levy the said rate, which shall be levied, assessed and collected in the same manner as the other ad valorem taxes are collected of said town, and when the taxes for such purposes are levied and collected, the treasurer of the Town of Lincolnton shall pay same over to the treasurer of the Board of Education without deduction, taking his receipt therefor, and all taxes collected for school purposes are to be used solely for that purpose. School-tax rate. Sec. 4. Be it further enacted, That said Board of Education shall have the right to fix the terms on which pupils residing outside of the limits of said town shall be admitted who are of school age, and may provide for the admission of pupils into said school either in or out of the limits of said town who are over or under the legal school age, the legal school age being between the ages of six and eighteen years, and those between said ages, who reside in said town are entitled to the benefit of the schools thereof without payment of tuitionthe white children to the schools for white, and the negroes to the schools for negroes. Pupils. Sec. 5. Be it further enacted, That no teacher shall be employed by said Board of Education to teach in the

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schools of said town, who does not hold a license from the State to teach, and who does not possess a good moral character. Teacher's license. Sec. 6. Be it further enacted, That said Board of Education may pay the treasurer of said Board for his services a salary not exceeding one hundred and fifty ($150) dollars per annum. Pay of treasurer. Sec. 7. Be it further enacted, That should a vacancy occur in said Board for any cause, the Mayor and Council shall elect another to fill said vacancy, and said Board of Education may be composed of not more than two members of the town government, or may be composed of citizens entirely, not of the town government, who possess the qualifications aforesaid, and are residents of said town. Vacancy in board. Sec. 8. Be it enacted, That said Board of Education shall be the successors to the Trustees of the Lincolnton High School and the title to all property held by said Trustees for school purposes in said town, or any other persons in said town for public school purposes shall from and after the passage of this Act vest in said Board of Education, and all purchases of real estate for school purposes shall be in the name of said Board of Education, and all conveyances by said board shall be signed by the Chairman and the Secretary of said board. The Trustees of Lincolnton High School are hereby authorized and directed to convey all property, real and personal it may hold for school purposes in said town to said board, but in case of failure to do so, it shall vest as a matter of law under this Act in said board and be absolutely under its control and direction. That said Board of Education are authorized to make all by-laws, rules and regulations that may be necessary to carry into effect its duties and powers under this Act. Board succeeds trustees of high school. Section 9. Be it further enacted, That Section 48 of the Act approved August 4, 1917, creating a new charter for the Town of Lincolnton, Georgia, be and the same is

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hereby amended by striking from line five thereof the words and figures, twenty thousand dollars ($20,000), and inserting in lieu thereof the words and figures thirty thousand ($30,000) dollars, so that said section as amended will read as follows: That said Mayor and Council have power and authority to issue bonds of said town in such sum and at such times as they shall see proper, not to exceed in the aggregate at any time the sum of thirty thousand ($30,000) dollars 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 water works, 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 to 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 issue for water, lights, schools and paving. Sec. 10. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 4, 1920.

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LINWOOD, NEW CHARTER FOR TOWN OF. No. 477. An Act to create a new charter for the Town of Linwood, in Walker County, Georgia; define the rights and powers of said corporation, to repeal the Act approved August 19th, 1907, creating a new charter for the Town of Linwood, Walker County, and for other purposes. Section 1. Be it enacted by the authority of the General Assembly of Georgia and it is hereby enacted by the authority of the same, That the Town of Linwood, in the County of Walker, be and the same is hereby incorporated as a town under the corporate name of The Town of Linwood, and in that name it is hereby vested with all the rights, privileges and powers incident to municipal corporations in the State, with the right to sue and be sued, plead and be impleaded, to contract and be contracted with, have and use a common or corporate seal, make and enact through its Mayor and Council such ordinances, rules and regulations for the transaction of its business, the welfare and proper government of said town, as said Town Council may deem best and which shall be consistent with the laws of the State of Georgia and of the United States. Said town shall have special powers in its corporate capacity that said Mayor and Council may deem necessary for the welfare of the town and of its citizens, to assess values of property, as hereinafter provided, to levy and collect taxes thereon and remove nuisances. They shall have full power and control over the streets, lanes and alleys of the town, with authority to remove obstructions therefrom, and shall in general have all the powers incident to municipal corporations under the laws of this State, which are necessary and proper, in order to regulate, make, maintain and preserve a proper lawful government of said town, and to declare what act or thing shall be unlawful. Corporate name. General powers. Special. powers.

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Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall begin on the LaFayette and Cove Road at the southwest corner of the property now owned by the Union Cotton Mills, and running thence north one hundred yards; thence due west to the LaFayette and Dug Gap public road; thence with said road to the west boundary line of lands known as Mrs. S. A. Warthen lands, on the original land lot No. 29, in the 7th district and 4th section; thence west with the west boundary line of said Mrs. S. A. Warthen lands to the original north line of said lot No. 29; thence ast with said north line on lot No. 29, and with the original north line of lot No. 28, to the point where the lands known as the Gordon lands begin; thence in a southeasterly direction with the line of the Union Cotton Mills property and the said Gordon property to the point where the corporate line of the City of LaFayette crosses said line, one-half mile from the courthouse; thence with said corporate limits of LaFayette (the same being in circular form, and being one-half mile from the courthouse in LaFayette, Georgia) to LaFayette and Cove Road; thence with the south boundary line of the lands of the Union Cotton Mills to the point of beginning. Territorial limits. Sec. 3. Be it further enacted by the authority aforesaid, That the municipal government of the Town of Linwood shall be vested in a Mayor and five Councilmen, who shall be chosen as hereinafter set out, and who shall compose the Council of the Town of Linwood. Mayor and councilmen designated. Sec. 4. Be it further enacted by the authority aforesaid, That L. M. Cooper, Mayor; W. T. McCamey, Will Brice, K. S. Sebron, T. F. King and W. A. Enloe, Councilmen of the Town of Linwood, shall hold their office until the first election hereinafter provided for. Sec. 5. Be it further enacted by the authority aforesaid, That on the first Monday in January, 1921, and every two years thereafter on the same day, an election

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shall be held at such place in said town as may be designated by the Mayor and Council of the Town of Linwood, for a Mayor and four Councilmen, who shall hold their office for two years and until their successors are elected and qualified, and the highest executive officer or representative of the Union Cotton Mills or successor thereto, whether president, vice-president, secretary, treasurer or agent, transacting the business of said Union Cotton Mills, or successor thereto, at its office in said Town of Linwood and having his place of business in said Town of Linwood, whether actually a resident therein or not, shall at all times be a member of the Council, with full authority to vote on any and all questions before said Council, and to act in every respect and with as full authority as any other member of said Council. All persons residing within the limits of the Town of Linwood, and who have so resided therein for a period of not less than thirty days at the time of said election, who are qualified to vote for members of the General Assembly of Georgia, who have paid all taxes legally imposed and demanded by authority of said Town of Linwood, and who have registered as qualified voters of said Town of Linwood as hereinafter provided for, shall be permitted to vote in said election for said Mayor and Council. Said election shall be held by three managers, who shall be residents of said Town of Linwood, and qualified to participate in said election, under the rules and regulations governing the election of officers of this State, and a certificate of election, signed by said managers, or a majority of them, shall be sufficient authority to persons elected to enter into the discharge of the duties of the office to which they have been elected. The managers of said election shall, before entering upon their duties as managers, subscribe to the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are residents of the Town of Linwood and qualified to vote in said election; that we will make a just and true return thereof, and we will not knowingly

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permit anyone to vote in this election, unless we believe that he is entitled to vote according to the laws of said town, nor will we knowingly prohibit anyone from voting who is by law entitled to vote. Said oath may be administered by any person qualified to administer oaths. If no such person can be had, said managers may swear each other; said managers shall keep two lists of voters and two tally sheets of said election. In the event that the office of Mayor or any member of the Board of Councilmen shall become vacant by death, resignation, removal, or other cause, the Mayor and Council shall appoint a successor to fill said office for the unexpired term. Election of mayor and council. Officer of Union Cotton Mills to be a member. Voters qualified. Management of elections. Oath of managers. Sec. 6. Be it further enacted by the authority aforesaid, That at least fifteen days before the time of the holding of the election for Mayor and Councilmen, as hereinbefore provided, the clerk of said Town of Linwood shall open, at some public place in said Town of Linwood, a list or book for the registration of voters, ample notice of which shall be given by posting written notices in three public places in said Town of Linwood, which list or book shall be finally and absolutely closed for registration five days prior to any election, after which time no person shall be allowed to register. Each and every person applying to be registered shall make oath before the registrar in whose possession is the list or book of registration, who is hereby authorized to administer same, which oath shall be written or printed on said book or list of registration as follows: I do swear that I am twenty-one years of age, or will be by the time of the election now next to be held in the Town of Linwood; that I will have resided in said Town of Linwood for a period of thirty days before the time of said election; that I am qualified to vote for members of the General Assembly of Georgia; that I have paid all taxes, State, county and municipal, required of me, except for the present year, and I am not otherwise disqualified to vote in said election. The same registration

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shall be required in all elections to be held in said Town of Linwood, whether general or special, except that all persons having once registered shall be permitted to vote in any and all elections held in said Town of Linwood within the year, provided they have not otherwise become disqualified, and no person shall be permitted to participate as a voter in any election held within the Town of Linwood, unless registered as herein provided. Registration of voters. Oath of voter. Sec. 7. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of Mayor and Councilmen of said Town of Linwood who has not been a resident thereof for six months or more continuously preceding his election, and who is not a qualified elector and voter in said election in said town, provided, that this qualification shall not apply to the officer and representatives of said Union Cotton Mills or successor thereto, who shall be at all times a member of said Council, as hereinbefore provided. Eligibility of mayor or councilmen. Sec. 8. Be it further enacted by the authority aforesaid, That said Mayor and Councilmen elected, as hereinbefore provided, shall be installed as Mayor and Councilmen in said Town of Linwood on Monday following said election, and, before entering upon the discharge of their duties, the Mayor and Councilmen shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths, or by the Mayor of said Town of Linwood: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as Mayor or Councilman (as the case may be) in the Town of Linwood, Walker County, according to the best of my ability and understanding, so help me God. Oath of office. Sec. 9. Be it further enacted by the authority aforesaid, That immediately after being installed the said Mayor and Councilmen shall organize and shall elect one of said Councilmen as Mayor pro tem., and the said

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Mayor pro tem. shall act in all cases in the absence, disqualification or sickness of the Mayor, during which time he shall be clothed with all the necessary powers of the Mayor. Said Mayor and Council shall also, at said meeting, elect a clerk, marshal and treasurer, for a term of two years, and until their successors are elected and qualified; provided, that any of said officers may be removed at any time by a majority vote of the Mayor and Council for neglect of duty, incapacity or malfeasance in office. Mayor pro tem. Clerk, marshal and treasurer. Sec. 10. Be it further enacted by the authority aforesaid, That said clerk, marshal and treasurer shall, before entering upon the dicharge of their duties, take and subscribe the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving on me as clerk, marshal or treasurer (as the case may be) in the Town of Linwood, according to the best of my ability and understanding. so help me God, and shall give such bond, conditioned for the faithful performance of their duty, as may be required by the Mayor and Council. Oath of office. Sec. 11. Be it further enacted by the authority aforesaid, That the Mayor of said Town of Linwood, and in his absence the Mayor pro tem., shall be the executive officed of said town; shall see that the ordinances, by-laws, rules and orders of the Council are faithfully executed; shall have control of the police of said town; may appoint special police whenever he may deem same necessary, see that the peace and good order of the town are preserved; that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town; shall have power to issue executions for the fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment, he may imprison the offender in the jail of said town, or by working on the streets in said town not to exceed thirty days. Said Mayor, or in his

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absence the Mayor pro tem., shall try all persons charged with a violation of the ordinances of said Town of Linwood, and shall have authority to fine or imprison said offender for violation of said ordinances; within the limitations provided by the ordinances of said Town of Linwood, or may bind said offenders over to the Superior Court of said county, requiring of said offenders such bond as may seem reasonable and just. Said Mayor shall also have authority to issue warrants for the arrest of violators of the laws of the State of Georgia, within the corporate limits of said Town of Linwood, and to act as comitting court in the hearing of the charge embraced in the said warrants. As a presiding officer of the meeting of said Mayor and Council the said Mayor shall not be permitted to vote on questions before said Mayor and Council, except in cases of a tie vote, but said Mayor pro tem. shall be permitted to vote on all questions before said Mayor and Council, whether he is at the time acting as presiding officer of said Mayor and Council or not. Mayor's duties and powers. Sec. 12. Be it further enacted by the authority aforesaid, That the Clerk of said Town of Linwood, who may or may not be a member of said Council, shall attend all meetings of said Mayor and Council, shall keep a neat and accurate minutes of said meetings; shall keep a book of ordinances in which shall be transcribed in a neat and accurate manner, all ordinances, rules and regulations enacted by the Mayor and Council of said Town of Linwood; shall receive the tax returns of the citizens of said Town of Linwood, shall collect all taxes due said Town of Linwood, and properly account for same to the treasurer of said Town of Linwood. Clerk's duties. Sec. 13. Be it further enacted by the authority aforesaid, That the treasurer of said Town of Linwood, who may or may not be a member of the Council of the said Town of Linwood, shall receive all moneys of the Town of Linwood, from whatever source derived; shall keep a neat and accurate account of said receipts, and shall

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pay out same upon the vouchers signed by the Mayor of said Town of Linwood, whenever authorized by the Mayor and Council thereof, and shall keep an accurate account of all payments made by him as treasurer of said Town of Linwood, showing the authority upon which said payments were made. Treasurer's duties. Sec. 14. Be it further enacted by the authority aforesaid, That the marshal of the Town of Linwood shall be the chief peace officer of said town, charged with the duty of preserving the peace and good order of the Town of Linwood, with authority to arrest all persons charged with a violation of the ordinances of said Town of Linwood, or a violation of the laws of the State of Georgia, within the corporate limits of the Town of Linwood, and shall, upon arresting any person charged with a violation of the ordinances of the Town of Linwood, carry said person before the Mayor of said town to be tried by said Mayor. Said marshal shall also have authority to enforce all executions for taxes, licenses, fines or other obligations due the town of Linwood, as hereinafter provided. Marshal's duties. Sec. 15. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town, and the protection of property therein from loss or damage by fire or otherwise, provided, that they be not repugnant to the Constitution and laws of the State, or the United States. Sec. 16. Be it further enacted by the authority aforesaid, That the Mayor and Council of said Town of Linwood shall have the power and authority to license, regulate and control all business carried on in said town, and shall have authority to require of said business enterprises such reasonable privilege tax or license fees as said Mayor and Council may consider advisable. Said Mayor and Council shall have full power and authority

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to provide for the proper sanitation of said Town of Linwood, and may provide by ordinance for the removal, at the expense of the owner, of any building or other structure which may become a nuisance or dangerous to the health of the Town of Linwood, and shall have authority to enact all necessary ordinances, rules and regulations for the proper sanitation and health of said Town of Linwood, with the right to enforce said ordinances, rules and regulations by fine or imprisonment. License and regulation of business. Sec. 17. Be it further enacted by the authority aforesaid, That the Mayor and Council of the Town of Linwood shall have control over the streets of said Town of Linwood, with the right and authority to have same worked and kept in proper condition for travel. Street control. Sec. 18. Be it further enacted by the authority aforesaid, That all persons liable to perform road duty by the laws of this State shall be liable to work on the streets of said Town of Linwood, not to exceed ten days, or to pay a commutation tax in lieu thereof not to exceed $5.00 per year, as the Mayor and Council may determine. Should any person liable to road duty on the streets of said Town of Linwood fail or refuse to work said streets, or to pay his street tax in lieu thereof, after having received due notice to do so, as may be fixed by the Mayor, such person may be sent to work by the Mayor upon the streets of said Town of Linwood for and during a term of not more than fifteen days, or be confined in the common jail of Walker County, or in jail in the Town of Linwood, for a term of not exceeding ten days, or to pay a fine not exceeding $15.00, or all or any part of said penalties in the discretion of the Mayor. Thirty days continuous residence within the limits of said Town of Linwood shall constitute a person liable to street work or street tax. Road work. Commutation tax. Penalty. Sec. 19. Be it further enacted by the authority aforesaid, That the said Mayor and Council shall have power

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and authority to levy and collect a tax not exceeding three-tenths of one per cent. upon all property, real and personal, within the limits of said town, to defray the ordinary expenses of said town, and the same may be enforced by execution issued by the clerk in the name of the Mayor, and by sale of property as in sales of property liable to State and county tax, the levy of the tax executions to be made by the marshal and his deputy, all sales to be conducted in the same manner as sales by the sheriff of the county in cases of levy of tax executions, except that said sales shall be conducted at the usual place of holding sales within the Town of Linwood, and the advertisement of said sales shall be by posting notice thereof at three public places within the Town of Linwood for a period of at least ten days prior to said sale, provided the levy is upon personal property, and by publication of said sale once a week for four weeks in the Walker County Messenger, provided the said sale is of real estate. Tax for ordinary expense. Execution, levy and sale. Sec. 20. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have power and authority to levy and collect a tax, not exceeding two-fifths of one per cent., in addition to other taxes herein provided, upon all property, real and personal, within the corporate limits of said town, to provide for any extraordinary expenses. Tax for extraordinary expense. Sec. 21. Be it further enacted by the authority aforesaid, That all taxes due said Town of Linwood shall be due and payable on the first day of May of each year, or at such other time or times as the Council of the said town may, by ordinance require, and said Council may provide for the collection of said tax in installments and provide when each installment thereof shall become due and payable. Tax executions may be issued for the collection of any part of the taxes, if collected in installments. Tax payments. Sec. 22. Be it further enacted by the authority aforesaid, That the Mayor and Council of said Town shall

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examine the tax returns of the taxpayers of said town, and whenever it appears to said Mayor and Council that any property subject to taxation in said town has not been returned at a fair and just valuation, the said Mayor and Council shall have authority to fix a valuation on said property upon a fair and just basis, and shall notify the taxpayer of any change in the valuation of said property. Should the taxpayer be dissatisfied with the change in the valuation of his property, as fixed by the Mayor and Council, he shall notify the Mayor and Council in writing that he desires that the valuation be fixed by a board of arbitrators, composed of three persons, one of whom shall be selected by the taxpayer, one by the Mayor and Council, and the third by the concurrent action of the arbitrators selected by the taxpayer and the arbitrator selected by the Mayor and Council. The taxpayer shall at the time of notifying said Mayor and Council of his desire to arbitrate the valuation of his property, as fixed by the Mayor and Council, notify said Mayor and Council of the name of the arbitrator selected by him, and said Mayor and Council shall select an arbitrator within five days after receipt of the notice of the taxpayer. The arbitrator selected by the said Mayor and Council, and the arbitrator selected by the taxpayer shall select a third arbitrator, within five days after their selection, and shall proceed at once to fix a fair and just valuation of the property of said taxpayer, and the award of said arbitrators shall be final and conclusive. The arbitrators herein provided for shall be legally qualified voters of said Town of Linwood. Tax returns. Valuation. Arbitration. Sec. 23. Be it further enacted by the authority aforesaid, That if any taxpayer of said Town of Linwood shall fail to make return of his property for taxation within the time fixed by the ordinances of the Mayor and Council, said Mayor and Council shall determine a true and just valuation for the property of said taxpayer and shall enter same on the digest at double the

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true and just valuation of same, and said taxpayer shall be required, because of his failure to make return within the time prescribed by the ordinances of said Mayor and Council, to pay upon same an amount double the valuation of his property, unless relieved therefrom by said Mayor and Council. Defaulters double-taxed. Sec. 24. Be it further enacted by the authority aforesaid, That said Mayor and Council shall meet at least once in every two months for the transaction of the business of said town, and may provide by ordinance for meetings of said Mayor and Council at more frequent intervals, should the business to be transacted require it. Council meetings. Sec. 25. Be it further enacted by the authority aforesaid, That the clerk, marshal and treasurer of said Town of Linwood shall receive such salaries as the Council may deem just and proper; the Mayor and Council shall not receive any salaries, but shall be exempt from liability for work on the streets, or the payment of commutation tax in lieu thereof, during the continuance of their official terms. Officers' salaries. Sec. 26. Be it further enacted by the authority aforesaid, That the school system now of force in said town shall remain the same as if adopted after the passage of this Act, except as modified and changed by this Act. Schools. Sec. 27. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town shall on the first Monday in January, 1921, elect four trustees who shall, together with the highest executive officer or representative of the Union Cotton Mills, or successor thereto, whether, president, vice-president, secrtary, treasurer or agent, transacting the business of said Union Cotton Mills at its office in said Town of Linwood and having his place of business in said Town of Linwood, whether actually a resident therein or not, constitute the Board of Trustees of the public school system of said town. No person shall be eligible to serve as a member of the Board of Trustees of the public

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school system of said town, except a legally qualified voter of said town, who has resided therein for at least six months at the time of his election. Said members of said Board of Trustees, elected by said Mayor and Council shall serve as members of said Board of Trustees for the following terms: Two of said members of said Board of Trustees for a period of four years, and thereafter their successors be elected by the Mayor and Council of said town to serve for a period of four years. The highest executive officer or representative of the Union Cotton Mills, or successor thereto, as herein provided, shall at all times be a member of said Board of Trustees, with full authority to vote on any and all questions before said Board of Trustees and to act in every respect and with as full authority as any member of said Board of Trustees. In the event of a vacancy in said Board of Trustees from resignation, death, removal or otherwise, the Mayor and Council shall elect a qualified person to fill said vacancy for unexpired term. Trustees. Eligibility to board. Terms. Vacancies. Sec. 28. Be it further enacted by the authority aforesaid, That the Board of Trustees of the public school system of said town shall have authority to devise, design and adopt a system of thorough instruction in the public schools of said town, shall have authority to modify same from time to time, as the circumstances may require, shall have authority to establish such additional schools as they may deem proper; to elect, contract with, appoint, remove and suspend teachers in their discretion; to fix salaries of teachers, to fix such incidental or matriculation fees as they deem proper, to provide a curriculum or course of study and make such by-laws, rules and regulations for control of said schools as they may see proper in their discretion, to provide and establish rules, as to terms upon which children living out of said town may enter said school as they may see proper in their discretion, and to perform such other lawful acts as may be necessary and conducive to the

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proper and successful operation of the public school system of said town. Powers of board. Sec. 29. Be it further enacted by the authority aforesaid, That the School Commissioner of the County of Walker is hereby authorized and required to pay over to the Board of Trustees of the Town of Linwood the proportion of the common school funds arising from any source belonging to the town, to be by said Board of Trustees expended in the maintenance of said public school system of said town, as herein authorized. Proportion of school fund. Sec. 30. Be it further enacted by the authority aforesaid, That the Board of Trustees of the public school system of the Town of Linwood shall annually cause a census of the school children of the Town of Linwood, within the school ages, to be taken, and they shall prepare and furnish to the County School Commissioner a list of census of all children living in said town entitled to the State school fund, and the said County School Commissioner shall pay over to such a person as may be authorized to receive the same the pro rata share of the public school fund, according to the number of school children of school age in said town, compared with the number of school children in the county. Census of school children. Sec. 31. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have authority to levy and collect a tax not exceeding one-half of one per cent. upon all property, real and personal, within the limits of said town, and shall also have authority to levy and collect a per capita tax not exceeding $1.00 per capita upon all legally qualified voters residing within said town, said per capita tax to be used in the support and maintenance of the public school system of said town. Tax for schools. Sec. 32. Be it further enacted by the authority aforesaid, That the ordinances, rules and regulations now in force in said town shall remain in force as fully as if adopted after the passage of this Act. Ordinances effective.

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Sec. 33. Be it further enacted by authority aforesaid, That the Act approved August 19, 1907, incorporating the Town of Linwood, and all Acts amendatory thereof, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Act of 1907 repealed. Approved August 3, 1920. LITHONIA EMERGENCY TAX. No. 728. An Act to amend an Act establishing a new charter for the City of Lithonia, approved August 4, 1913, wherein an emergency tax amounting to 1% (one per cent.) shall be authorized to be levied upon the taxable property of said city for and during the years 1920, 1921, 1922, 1923, 1924, 1925, 1926, and 1927, to cover emergency demands arising on account of the destruction of its public school building by fire on the 3rd day of April, 1919, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the Act establishing a new charter for the City of Lithonia, approved August 4, 1913, be and the same is hereby amended as follows: Act of 1913 amended. Section 1. That the Mayor and Council of said city be and they are hereby authorized to provide by ordinance for the assessment, levy and collection of an emergency ad valorem tax on all real and personal property within the corporate limits of said city, amounting to 1% thereon, for the purpose of enabling said city to raise funds to meet the extraordinary demands caused by the destruction of its public school buildings by fire, on the 3rd day of April, 1919, the present Legislature declaring an emergency exists in said municipality which authorizes said additional tax, provided that not exceeding

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$45,000.00 exclusive of any interest that may be paid on money borrowed to build said school buildings, of the said fund so raised shall be expended on account of expense necessary to meet the demands for building and equipping public school buildings, and no amount of said fund shall be expended for any other purpose than building and equipping school buildings, and paying the interest on said sum so borrowed for said purposes in said city; this amount to include the total amount of said levy that has been made and collected during the year 1919; this levy to be made over and above the regular tax levied for the general expense maintenance of the public school system of said city, and a fund sufficient to pay the interest and maintain the sinking fund of the bonded indebtedness of said city, but this authority shall exist only during the years 1920, 1921, 1922, 1923, 1924, 1925, 1926 and 1927, and said emergency tax shall be levied and assessed upon the property on the tax books of the said city at the value thereon placed for and during the year 1920, and years 1921, 1922, 1923, 1924, 1925, 1926, 1927, and shall be payable on or before the 20th day of December of each year, and all the usual machinery of the said city shall be applied to assessing this emergency tax and to collect the same and following said date as before said, if payments are not paid by said time, the existing provisions as to interest, defaults, costs, executions, 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. Tax ad valorem for school buildings. Emergency. Amount. For eight years. Extra of regular tax. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920.

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LOUISVILLE ACADEMY; SALE OF LANDS. No. 513. An Act to authorize and empower the Trustees of the Louisville Academy, acting with the advice and consent of the Mayor and Councilmen of the City of Louisville, Georgia, to sell and otherwise dispose of all the lands of the Louisville Academy, generally known as the Town Commons, and including the Louisville Academy buildings and campus; to provide for the investment of the funds arising from such sales; to provide how such funds shall be utilized; to name a Board of Trustees for said Academy and to provide for the election of their successors, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the Trustees of the Louisville Academy shall have the right and authority to sell, either at public or private sale, and for cash or credit, or part cash and part credit, any or all of the lands in and adjacent to the City of Louisville, Georgia, generally known as the Town Commons, extending from the lands formerly belonging to Julia A. W. Bostick on the north to the lands of Mrs. W. A. Stone on the south, and from the right-of-way of the Louisville and Wadley Railroad on the east to Rocky Comfort Creek and the Ogeechee River on the west, with the exception of such portions of said land as it may deem proper to reserve for park purposes and for municipal utilities. Also: the Academy grounds and buildings, bounded on the north by a street which separates the campus from the lands of Eugene Farmer and others, on the east by a street which separates the campus from lands of W. J. Rhodes and others, and on the south by R. W. Little and others, and on the west by the cemetery lot and lands of L. R. Farmer, and generally known as the Louisville Academy campus. Provided,

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however, that all such sales shall be made with the advice and consent of the Mayor and Council of the City of Louisville, Georgia. Trustees authorized to sell. Consent required. Sec. 2. Be it further enacted by the authority aforesaid, That the Trustees of the Louisville Academy shall have the right, in their discretion, to invest the funds derived from the sale of said land, or any part thereof, in such securities as they may think best, and they shall have the right, in their discretion, to invest such funds, or any part thereof, in the capital stock or bonds of any public or private corporation. Investment of funds. Sec. 3. Be it further enacted by the authority aforesaid, That the dividends and corpus of the funds arising from such sale, either or both, shall be utilized by the Trustees of said Louisville Academy for the benefit of said Academy, either in the way of employing teachers, purchasing equipment, repairing old buildings or erecting new ones. Use of funds. Sec. 4. Be it enacted by the authority aforesaid, That the present Board of Education of the Louisville Academy, to-wit: J. R. Phillips, W. R. Sinquefield, B. P. Ramsey, O. H. Beall and M. A. Cox, be and the same are hereby designated as Trustees to act as Trustees for said Academy until their successors are elected and qualified as in the manner hereinafter provided. Board of trustees. Sec. 5. Be it further enacted by the authority aforesaid, That the Trustees named in the preceding section shall hold their office as Trustees of the Louisville Academy until the first Saturday in Jaunary, 1921, the date of the regular municipal election for said City of Louisville, Georgia, and that on the first Saturday in January, 1921, and biennially thereafter, five Trustees shall be elected for a term of two years to serve as Trustees of the Louisville Academy. No person shall be eligible to office of Trustees of the Louisville Academy who is not a resident of the City of Louisville, a qualified elector, and twenty-one years of age. Any and all vacancies

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occurring, except by expiration of term of office, shall be filled by the Board of Trustees. Election and terms. Eligibility. Sec. 6. Be it further enacted by the authority aforesaid, That any laws or parts of laws in conflict with this Act are hereby repealed. Approved August 7, 1920. LOUISVILLE LOCAL SCHOOLS; ABOLISHMENT. No. 536. An Act to abolish the local school system of the City of Louisville, Georgia, to provide when said abolishing Act shall become effective, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That an Act to establish a public school system for the Town of Louisville, Georgia, to appoint a Board of Education for said town, provide for raising revenue to organize and maintain said system, carry same into effect, and for other purposes, approved November 20th, 1893, and all Acts amendatory thereof, be and the same are hereby repealed. Act of 1893 and amendments repealed. Sec. 2. Be it further enacted by the authority aforesaid, That this repealing Act shall not become effective, nor the repeal provided in Section 1 of this Act enforced, until there shall have been an election held in the 82nd School District of Jefferson County, Georgia, the district in which the City of Louisville is located, at which election there shall have been submitted to the qualified electors of said school district the question of supplementing the funds received from the State public school fund by levying a local tax for educational purposes, and until said election shall have been carried in favor of local taxation for public schools and the result

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thereof publicly declared in accordance with the provisions of Section 124 of the Code of School Laws of the State of Georgia, as approved Aug. 19th, 1919. Conditioned on popular vote. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1920. LYONS SCHOOL TAX. No. 542. An Act to amend an Act approved August 19, 1907, providing for a public school system in the City of Lyons, Toombs County, Georgia, by striking from Section 2 the words two-fifths wherever they appear and adding in lieu thereof the words and figures four-fifth (4-5), and by striking from Section 6 the words two-fifths (2-5) and adding in lieu thereof the words and figures four-fifths (4-5), 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 2 of the Act approved August 19, 1907, providing for public school system in City of Lyons, be amended by striking the words two-fifths (2-5) wherever they appear and adding in lieu thereof the words and figures four-fifths (4-5) so that said section when amended shall read as follows: Be it further enacted by the authority aforesaid, That in conformity with the provisions of Article Eight (8), Section Four (4), Paragraph One (1), of the Constitution of the State of Georgia, there shall be held in the City of Lyons, within thirty days after the passage of this Act, or as soon thereafter as practicable, an election on the question of local taxation for the support of said

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system of public schools, and all persons who qualified to vote for Mayor and Aldermen in the last preceding election, and those who have become qualified since, shall be entitled to vote in this election herein provided. All voters who favor such local taxation for public schools shall have written or printed on their ballots For public schools, and those who oppose shall have written or printed upon their ballots Against public schools, and in case two-thirds of the votes cast at said election shall be for public schools, then it shall be the duty of the Mayor and Aldermen of the City of Lyons annually to raise by taxation a sufficient sum to carry out the purpose of this Act; provided, the same shall not exceed four-fifths (4-5) of one per cent. on the taxable property of said city, and in the manner hereinafter provided. The said Mayor and Aldermen shall give public notice of this election once a week for two weeks prior to said election in one of the public gazettes in said city. The return of said election shall be made to and the results declared by said Mayor and Aldermen of the City of Lyons. Should this Act fail to receive the necessary two-thirds (2-3) of the votes cast at such an election the said Mayor and Aldermen may submit the same to another election under the same rules and regulations and qualifications after the expiration of six months, and it shall be the duty of the Mayor and Aldermen to order an election on the written request of thirty qualified voters of said city until said election shall result favorably to public schools. Act of 1907 amended. To be read. School-tax rate raised. Sec. 2. Be it further enacted by the authority aforesaid, That Section 6 be amended by striking the words two-fifths (2-5) wherever they appear, and adding in lieu thereof the words and figures four-fifths (4-5), so that said section when amended shall read as follows: Be it further enacted by the authority aforesaid, That said Board of Education shall determine as early as practicable of each year what amount of money shall be necessary to be raised by taxation for the paying of

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the expenses of said public schools for the ensuing year, and shall levy the same before the Mayor and Aldermen of said city and the said Mayor and Aldermen are hereby authorized and shall be required to levy a tax annually in addition to that now authorized by law on all property in said city not to exceed four-fifths (4-5) of one per cent. on the same, and when collected the collecting officer of said city shall pay the same over to the treasurer of said Board of Education to distribute it to the maintenance of said public schools, and to pay out under order of said Board until such regulations as they may prescribe. Said taxes shall be collected by levy and sale as other taxes of said city are collected. Section 6 to be read. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 7, 1920. MACON CHARTER AMENDED. No. 653. An Act to amend an Act approved on the 17th day of August, 1914, creating a new charter for the City of Macon, and Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act approved on the 17th day of August, 1914, appearing on pages 981 and 1044, both inclusive, of the published Acts of Georgia, 1914, creating a new charter for the City of Macon, be and the same is hereby amended as follows: Act of 1914 amended. Sec. 2. By striking the words to employ some expert hydraulic engineer, appearing on the first line of

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paragraph (c) of Section 68 of said Act, and inserting in lieu thereof the following: To employ a competent person who has had experience in the operation of water works plants. By adding the words and best between the word lowest and the word bidder, where said words appear on the sixteenth line of said paragraph (c) of said Section 68: To employ a competent person who has had experience in the operation of water works plants, whose duty it shall be to have general superintendency of operation, construction and extension of said plant; to require all employees handling any of the money touching and concerning the operation and management of said plant, or in any way connected with the purchase of any supplies for the operation, construction and extension of said plant, to give a bond for the faithful discharge and performance of their duty, in a sum to be fixed by the Commission; that it shall be the duty of said Board of Water Commissioners and they are hereby authorized to make all necessary extensions and to do all necessary work for the maintenance and improvement of said water works system; and to carry on the business of the water works, and to make such extensions and improvements, either by letting contracts to the lowest and best bidder, or by doing said work by its own force, as in their judgment they deem best, out of the money received from the sale of bonds as hereinbefore provided, or out of the income from the water works after paying the expenses and setting aside of the amount of money necessary to pay the interest on the bonds, and a fund to assist in retiring the bonds; to select some reputable bank or banks to act as a depository for the bonds as hereinbefore provided, and to receive and pay out in the manner herein provided, all sums of money collected by said Board of Water Commissioners in the operation of said water plant or from any other source, and to receive and hold and pay

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out all moneys arising from the sale of bonds deposited with them by the Mayor and Council of the City of Macon, as herein provided. All other things being equal, the bank or banks paying the highest rate of interest shall be selected as trustee and depository. Said bank or banks, at their own expense, shall give an indemnifying bond, conditioned to save the City of Macon harmless in the faithful performance of its duties, and for the faithful accounting of all moneys deposited with it by said Commissioners. Sec. 68 (c). Waterworks; superintendence, extensions, etc. Deposit of funds. Sec. 3. By adding the following to the end of the first paragraph of Section 68 on page 1016 of said Acts: Provided, however, any consumer may pay in advance for a period of six months for water, and it shall be the duty of said Board of Water Commissioners to receive from and place to the credit of, such consumer the amount paid by him for water to be used in the future for said period of six months. Payments for water. Sec. 4. By adding the word guttering between the word curbing and the word cross appearing on the 5th line of Section 94 (a) so that said Section 94 (a) when so amended shall read as follows: Sec. 94 (a). The Mayor and Council of the City of Macon shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve for travel and drainage of the streets and public lanes and alleys of said city to put down curbing, guttering, crossdrains, crossing, and to otherwise improve the same. Streets; guttering, etc. By adding the words and guttering between the word curbing and the word for on the fifth line of Section 94 (b) when appearing on page 1028 of said Acts, so that said Section 94 (b) when so amended shall read as follows: In order to fully carry into effect the authority above delegated, the Mayor and Council of the City of Macon shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including two-thirds of the necessary

Page 1125

curbing and guttering 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. Sec. 94 (b). Assessments. By adding the words and guttering between the word curbing and the word is appearing on the last line of Section 94 (c) appearing on page 1029, so that said Section 94 (c) when so amended shall read as follows: Sec. 94 (c). That the Mayor and Council of the City of Macon shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side drains, cross-drains, crossings and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved, and upon the property of any street railroad company or other railroad company. The real estate abutting on each side shall be assessed, and shall pay two-thirds of the entire cost, and any street railroad company or other railroad company having tracks running through, across, or into any street so improved shall be assessed, and shall pay all the cost of paving or improving such street for the entire space between their rails or tracks and for one foot on each side thereof when there is a single track; but whenever any street railroad company or other railroad company shall have and maintain a switch track, or other than one track, on any street or part of street paved and improved, then such street railroad company or other railroad company shall be assessed and shall pay the entire cost of paving the entire space between their two or more tracks and between the rails of each track, and one foot on each side of the outside rail of the outside tracks; and the treasurer of the City of Macon shall issue executions for the amount assessed against any street railroad company or other railroad company at the same time and in the same manner as execution shall be issued against the real estate abutting on the street so improved, which said executions shall be enforced, levied and collected by the marshal

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in the same manner as is now or may hereafter be provided by law for the enforcement of the collection of executions against abutting real estate; provided, that the law authorizing assessing of abutting property holders the whole cost of paving sidewalks, including two-thirds of the cost of curbing and guttering, is in no way affected hereby. Street improvement assessments. By adding the word guttering between the word curbing and the word grading appearing on the fourth line of Section 94 (h) appearing on page 1030, so that said Section 94 (h) when so amended shall read as follows: Sec. 94 (h). That the lien given to the City of Macon for assessments upon abutting property, and also on the property of street railroad companies, for street or sidewalk, curbing, guttering, grading or draining, shall have rank and priority of payment next in point of dignity to the liens in favor of the City of Macon for taxes due said city, such liens or priority of payment to exist from the date of the passage of the ordinance authorizing the execution of the work in each case. Lien; priority. By adding the words or gutter between the word curb and the word any appearing on the 4th line of Section 94 (i) appearing on page 1031, so that said Section 94 (i) when so amended shall read as follows: Sec. 94 (i). The Mayor and Council shall have full authority to prescribe by ordinance such other rules as may, in their discretion, be necessary to grade, pave, macadamize, drain, curb or gutter any of the streets of the city; to enforce by execution the payment of the cost thereof against adjacent owners of property and railroad companies; to prescribe how the owners or agents thereof shall be served with notice by personal service or by publication. Ordinances and rules. Sec. 5. By striking Section 92, appearing on page 1027 of said Act, and inserting in lieu thereof the following:

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The Mayor and Council shall have full power and authority to regulate, widen, change, lay out, direct and control the streets and alleys of the City of Macon, and the grading of the same; to open new streets and alleys and assess a tax for the payment of the damage cauused by the same, and to have full power and authority to condemn property for such purposes, provided, however, that no private property shall thus be taken by the City of Macon without compensation being made, and the method of procedure for the condemnation of property being the same as now provided by the laws of Georgia in condemnation proceedings. New sec. 92. Streets; tax; condemnation. Sec. 6 (a). The Mayor and Council of the City of Macon shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve for travel and drainage the streets and public lanes and alleys of said city, to put down curbing, guttering, cross drains, crossings and otherwise improve the same. Power to improve streets. (b) In order to fully carry into effect the authority above delegated, the Mayor and Council of the City of Macon shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including two-thirds of the necessary curbing and guttering 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. (c) Upon petition in writing addressed to the Mayor and Council of the City of Macon requesting the pavement of any street, or portion thereof, not less than one block in length, within the corporate limits of said city, and which street or the portion thereof aforesaid, is not and has never been paved, and which directly connects with or to a main thoroughfare or street, or is in itself a main thoroughfare or street, it shall be the duty of the said Mayor and Council to proceed at once to the pavement of such street, or portion thereof, described

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in said petition, provided that such petition shall be signed by such a number of the property owners of sixty per cent. (60%) or more of the property abutting such street, or portion thereof, and which said petition shall also state that such signers thereof willing to pay, and have their property assessed with, their and its just proportion of eighty-five per cent. (85%) of the total cost of such pavement aforesaid, including the grading and drains therefor; whereupon the said City of Macon is hereby given full right and authority to assess eighty-five per cent. (85%) of the total cost of such pavement, including the grading and drains therefor, against the abutting property on said street or the portion thereof, paved in such proportions as each piece or lot of property bears in frontage to the total cost of such pavement, and any street railroad company, or other railroad company having tracks running through, across or into any other street so improved shall be assessed, and shall pay all the cost of paving or improving such street for the entire space between their rails or tracks, and for one foot on each side thereof when there is a single track; but whenever any street railroad company or other railroad company shall have and maintain a switch track, or other than one track, on any, or part of street paved and improved, then such street railroad company or other railroad company, shall be assessed and shall pay the entire cost of paving the entire space between their two or more tracks and between the rails of each track, and one foot on each side of the outside rail of the outside tracks; and the treasurer of the City of Macon shall issue executions for the amount assessed against any street railroad company, or other railroad company, at the same time and in the same manner as execution shall be issued against the real estate abutting on the streets so improved, which said executions shall be enforced, levied and collected by the marshal in the same manner as is now or may hereafter be provided by law for the enforcement of the collection of execution against abutting

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real estate; provided, that the law authorizing of abutting property holders the whole cost of paving sidewalks, including two-thirds of the cost of curbing and guttering, is in no way affected hereby. Provided, further, that when streets, public lanes or alleys have been graded, paved, macadamized, drained or otherwise improved for travel under the provisions of this section, the amount assessed against the abutting property, the street railroad company or other railroad companies, may be paid in not more than five installments, which installments shall be paid as follows: One equal part upon the completion of the work and the levying of the assessment as herein provided, and the remainder in equal annual installments, maturing respectively from one to not more than four years, such deferred payments to bear interest from date until paid at a rate of interest not exceeding seven per cent. per annum, payable annually. Said deferred payments to be evidenced by notes to be executed at the time of making cash payment. The Mayor and Council of the City of Macon shall have power and authority to provide that all of said installments shall become due and payable upon the default in the payment of any one of said installments. All of said assessments may be paid upon the completion of the work and the levying of the assessment if such property owner or street railroad company or other railroad company so elects. Procedure on petition. Proportion of cost against property abutting. Street-railroads. Executions. Payment of assessments. (d) The Mayor and Council of the City of Macon shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purpose and for the amounts above set forth as may be just and proper, estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved. Equalizing assessments. (e) The amount of the assessments on each piece of real estate shall be a lien on real estate from the date

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of the passage of the ordinance providing for the work and making the assessment. Lien. (f) The City of Macon shall have authority to enforce the collection of amount of any assessment so made for work, either upon the streets or sidewalks, by execution to be issued by the city treasurer against the real estate so assessed and against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the marshal of the said city upon such real estate, and after advertisement and other proceeding as in cases of sale for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, and the marshal of the City of Macon shall have full authority to eject the occupants of said property and place the purchaser thereof in possession; provided, that the defendants shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due, with all cost, shall be paid and collected before the affidavit is received, and the affidavit shall be received for the balance, and the affidavit so received shall be returned to the Superior Court of Bibb County, and there tried, and the issue determined as in case of illegality for delay. Execution, levy and sale. Affidavit of illegality. (g) The City of Macon shall have full authority to pave or contract for paving of the whole surface of the street without giving any street railroad company or other property holder or occupant of the street the option of paving 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. Uniform pavement. (h) That the lien given to the City of Macon for assessments upon abutting property, and also on the

Page 1131

property of street railroad companies, for street or sidewalk paving, curbing, guttering, grading or draining, shall have rank and priority of payment next in point of dignity to the liens in favor of the City of Macon for taxes due said city, such liens or priority of payment to exist from the date of the passage of the ordinance authorizing the execution of the work in each case. Rank of lien. (i) The Mayor and Council shall have full authority to prescribe by ordinance such other rules as may in their discretion be necessary, to grade, pave, macadamize, drain or curb or gutter any of the streets of the city; to enforce by execution the payment of the cost thereof against adjacent property owners and railroad companies; to prescribe how the owners or agents thereof shall be served with notice by personal service or by publication. Plenary powers. (j) The City of Macon shall have authority to use executions against the real estate abutting on the streets improved and the property of street railroad companies, or other railroad companies having tracks on the streets paved and improved, in the payment of the cost of doing said paving and improving; and the City of Macon shall have authority to transfer any or all of the executions and notes for paving and improving the streets to any person or corporation, which said transfer shall be made in obedience to an ordinance, resolution, or contract of the City of Macon, and shall be in writing on said executions and notes, signed by the Mayor and treasurer of the City of Macon. Said executions and notes, when issued and transferred as herein provided, shall convey to the owner thereof all right, title and interest in and to said executions and notes and to the assessment and the liens upon the respective lots, parcels of grounds and property of the street railroad companies, as herein provided, with full power to enforce collection thereof by levy and sale of the property. Use and transfer of executions.

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(k) It is further provided that nothing in this section, or amendment, shall in any way be construed as taking away from the City of Macon the right and authority to grade, pave, macadamize, construct side drains, cross drains, crossings and otherwise improving the streets, public lanes or alleys of the City of Macon, under the provisions of the charter now of force. It being the intention of this section that such provisions shall remain of full force and effect, the provisions of this section being cumulative. Cumulative of existing authority. Sec. 7. The Mayor and Council of the City of Macon shall have full power and authority to construct or lay down a system of surface or storm sewers or sanitary sewers in said city. Sewers. The Mayor and Council of said city shall have full power and authority to assess the amount of the cost of laying and constructing the same upon the real estate abutting on the street, or portion of street, through and along which said sewers may be placed and constructed. The city shall have authority to enforce the collection of the amount of any assessment so made by execution to be issued by the city treasurer against the real estate so assessed, and against the owners thereof at the date of the ordinance making the assessment, which execution may be levied by the marshal of the said city upon such real estate, and after advertisement and other proceedings as in cases of sale for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, and the marshal of said city shall have full power and authority to eject the occupants of said property and place the purchaser thereof in possession; 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

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shall be received for the balance, and the affidavit so received shall be returned to the Superior Court of Bibb County, and there tried, and the issue determined, as in cases of illegality for delay. assessments. Execution, levy and sale. Affidavit of illegality. The amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment, and said lien shall have rank and priority of payment next in point of dignity to liens in favor of the City of Macon for taxes due said city. Lien; priority. The Mayor and Council of said city shall have full power and authority to adopt by ordinance such a system of equalizing the assessments provided for in this section on the real estate as may be just and proper, estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street or portion of street so improved. It shall be wholly discretionary with the Mayor and Council of said city whether said improvements shall be done or not. The said Mayor and Council shall have full power and authority to prescribe by ordinance how the owners or agents thereof shall be served by notice of such improvements by personal service or by publication. Equalizing assessments. The Mayor and Council shall have full power and authority to further assess and collect from abutting property owners the cost of extending said sewers, for purposes of connection, to the property line, at the time such sewers are laid. The cost of such extension shall be added to the cost of the construction of the said sewers, as herein provided, and the total cost thereof shall be assessed against such abutting property owners and collected as hereinbefore provided. Extension assessments. The character of said sewers, the material used and expenses of construction, as well as the time and manner

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of constructing the same, shall be in the discretion of said Mayor and Council. Character and material. In cases of real estate situated on street corners, and having frontage on two streets, the owner and real estate thus situated, shall be assessed as by this Act provided for on the frontage of the street in which a sewer is first laid, and when a sewer is laid on the other street, 100 feet of frontage shall be exempted from assessment on the owner and real estate of the last named owner. Exemption in part of corner lots. The Mayor and Council shall have power and authority to provide by ordinance for the collection of assessments for the construction of said sewers as herein provided in installments running through a series of not more than five installments, which installments shall be paid as follows: One equal part upon the completion of the work and the levying of the assessment as herein provided, and the remainder in equal annual installments, maturing respectively from one to not more than four years, such deferred payments to bear interest from date at a rate of interest not exceeding seven per cent. per annum, payable annually. Said deferred payments to be evidenced by notes to be executed at the time of making the cash payment. The Mayor and Council shall have power and authority to provide that all of said installments shall become due and payable upon default of any one of said installments. All of said installments may be paid upon the completion of the work and the levying of the assessment if such property owner so elects; provided, the said Mayor and Council shall not have power and authority to incur indebtedness to be paid by the City of Macon from its treasury on account of the construction of said sewers, which indebtedness is not to be paid in the year in which it is contracted. The City of Macon shall have authority to transfer any or all of the executions and notes for improvements provided for in this section to any person or corporation, which said transfer shall be made in

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obedience to an ordinance, resolution, or contract of the City of Macon, and shall be in writing on said execution and notes, signed by the Mayor and treasurer of the City of Macon. Said executions and notes, when transferred as herein provided, shall convey to the owner thereof all right, title and interest in and to said executions and notes and to the assessment and the liens upon the respective lots, parcels of ground and property of the street railroad companies, as herein provided, with full power to enforce collection thereof by levy and sale of the property. Collection by installments. Transfer of executions. Sec. 8. That the City of Macon be and is hereby authorized and empowered to close, grant, bargain, sell and convey to such person or persons and upon such terms at public or private sale, as said municipal corporation may deem best all that portion of Seventh Street and Poplar Street lying and being in the City of Macon, Bibb County, Georgia, and more particularly described as follows: Beginning at a point four hundred and eighty-two (482) feet north of the center line of Eighth Street and Poplar Street, and thirty-two and one-half (32) feet east of the present curb line on Poplar Street, and from such starting point running fifty-nine and one-half (59) feet east to the line of square thirty-five (35) feet according to the plan of the City of Macon, known as the Old Cemetery; thence at right angles in a northwesterly direction along the line of said square thirty-five (35) four hundred and two (402) feet; thence at right angles in a southwesterly direction fifty-nine and one-half (59) feet into Poplar street, to a point twenty-two and one-half (22) feet, more or less, from the present curb line of said Poplar Street; thence at right angles in a southeasterly direction and on a line parallel with old line of square thirty-five (35) four hundred and two (402) feet to said starting point. The purpose of this section is to correct certain inaccuracies in an Act approved August 14th,

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1919, and found on page 1093 of the Acts of General Assembly, 1919. Closing of parts of streets. Correction of act of 1919. Sec. 9. The City of Macon is authorized and empowered to appropriate certain sums of money annually to the public libraries of the City of Macon, the amount of such appropriations not to exceed the sum of $75.00 per month for each library, except to the Washington Memorial Library, the city being authorized to appropriate a sum annually to said Washington Memorial Library, the amount of said sum to be within the discretion of the Mayor and Council. The City of Macon is further authorized and empowered to appropriate certain sums of money annually for the purpose of organizing, opening and teaching a night school; the amount of said appropriation shall not exceed the sum of $150.00 per month, said school shall teach the illiterate men, women, boys and girls of the city, who may apply, and who are of good moral character and over twelve years of age, to read and write. The Mayor and Council of the City of Macon may exercise its discretion in making the appropriations provided for in this section and shall have the power and authority to discontinue the same at any time. Library appropriations. Appropriation for night school. Sec. 10. That the incorporate limits of the City of Macon be changed as follows: That the following words a stone, the intersection of the northern boundary of Baconsfield Park, and the west side of Boulevard, thence angle right and run north 42 degrees west along the northern boundary of Baconsfield Park a distance of 2,487.7 feet to an elm tree; thence angle left 90 degrees and run 1,800 feet to be inserted between the word to and the word center appearing in line 7 of page 984. The boundaries herein described enclosing what is known as the Baconsfield Park, and the said property is hereby incorporated within the limits of and is hereby made a part of the City of Macon. Baconsfield Park within corporate limits.

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Sec. 11. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. MACON CHARTER AMENDED. No. 717. An Act to amend an Act approved on the 17th day of August, 1914, creating a new charter for the City of Macon, and Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act approved on the 17th day of August, 1914, appearing on pages 981 to 1044, both inclusive, of the published Acts of Georgia, 1914, creating a new charter for the City of Macon, be and the same is hereby amended as follows: Act of 1914 amended. To be read. By adding the following to Section 127, appearing on page 1043 of said Acts: Provided, further, that the Mayor and Council of the City of Macon are hereby authorized to levy in addition to the aboxe tax, a tax not to exceed one-fourth of one per cent. per annum upon the taxable property within the City of Macon, for the purpose of building, erecting and equipping a public auditorium, the same to be a public building within the City of Macon, and to provide a site therefor; that the funds arising from the levy of said tax of one-fourth of one per cent. per annum shall never be used by the Mayor and Council of the City of Macon for any purpose except as herein provided; that said tax shall be separately levied, shall specify the amount so levied, shall be separately collected and the funds realized from

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said tax shall be kept separate from all other funds. The power and authority herein given to levy said tax of one-fourth of one per cent. per annum, as aforesaid, shall cease when the amount received by the said City of Macon from said tax shall be the sum of six hundred thousand ($600,000) dollars, and in no event shall the power and authority herein given extend beyond a period of six years from January 1st, 1921, so that said Section 127 when so amended shall read as follows: The Mayor and Council of the City of Macon shall not levy a tax to exceed one and one-eighth per centum per annum upon the property in the City of Macon subject to an ad valorem tax for the purpose of raising revenue for the support of the government of the City of Macon, or to pay any appropriation that may be made by the Mayor and Council of the Ctiy of Macon, provided, however, that the Mayor and Council of the City of Macon are hereby authorized to levy in addition to the above tax a tax not to exceed one-eighth of one per cent. per annum upon the taxable property within the City of Macon, for the purpose of laying sewers and paving the streets in said City of Macon; that the funds arising from the levy of said tax of one-eighth of one per cent. per annum shall never be used by the said Mayor and Council of Macon for other purpose than for sewers and improvements; that said tax shall be separately levied, shall specify the amount so levied, shall be separately collected and the funds realized from the levy of the said tax shall be kept separate from all the other funds. And the said Mayor and Council shall not have authority to draw any warrant or order upon the said funds so collected for paving and sewerage, as aforesaid, except in payment of bills contracted by them for said purposes, and the treasurer of the City of Macon is hereby prohibited from paying an order or warrant that may be drawn by said Mayor and Council upon said paving and sewerage fund for any other purpose than those herein specified; provided, however, that the

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funds arising from the levy of said tax of one-eighth of one per cent. per annum shall not be expended in laying sewers and paving the streets in said city until the principal and interest due upon any sewer or paving bonds which may now be outstanding or which may hereafter be issued for the year in which said tax is levied shall have been first fully paid and discharged out of the proceeds of said tax. Provided, further, that the Mayor and Council of the City of Macon are hereby au thorized to levy in addition to the above tax a tax not to exceed one-fourth of one per cent. per annum upon the taxable property within the City of Macon, for the purpose of building, erecting and equipping a public auditorium, the same to be a public building within the City of Macon, and to provide a site therefor; that the funds arising from the levy of said tax of one-fourth of one per cent. per annum shall never be used by the Mayor and Council of the City of Macon for any purpose except as herein provided; that said tax shall be separately levied, shall specify the amount so levied, shall be separately collected, and the funds realized from said tax shall be kept separate from all other funds. The power and authority herein given to levy said tax of one-fourth of one per cent. per annum, as aforesaid, shall cease when the amount received by the said City of Macon from said tax shall be the sum of six hundred thousand ($600,000) dollars and in no event shall the power and authority herein given extend beyond a period of six years from January 1st, 1921. Tax for public auditorium. Limited in amount and period of years. Sec. 2. Be it further enacted by the authority aforesaid, That the building, erecting and equipping of said public auditorium, including the selection of a site therefor, shall be under a commission of five (5) members. Said Commission to be known as the Macon Auditorium Commission, and shall consist of the following persons, to-wit: Auditorium commission.

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1. B. J. Dasher. 2. Guy E. Paine. 3. R. F. Burden. 4. T. J. Carling. 5. Alex Block. 6. W. G. Lee. 7. The Mayor of the City of Macon, who shall be an ex-officio member of said Commission by reason of his office as Mayor, but who shall be entitled to vote on any matter before said Commission only in event of a tie. Mayor ex-officio. Sec. 3. Be it further enacted by the authority aforesaid, That said Commission shall have full control and management of the building, erecting and equipping said public auditorium, including the awarding of contracts, purchase of materials and such other acts as may be necessary to the building, erection or equipment of said public auditorium. Control and management. Sec. 4. Be it further enacted by the authority aforesaid, That said Commission shall elect from its members the following officers, to-wit: Chairman, Vice-Chairman and treasurer. That said Commission shall keep, or cause to be kept, a set of books showing all receipts of funds and all disbursements made therefrom. Said books shall at all times be open to inspection of the Mayor and Council, or any citizen of the City of Macon under proper regulations prescribed by said Commission, and said Commission shall publish in the official gazette of the City of Macon a complete statement of the receipts and disbursements once every three months. All money shall be paid by voucher or check which voucher or check shall be signed by the treasurer of said Commission, and countersigned by the Chairman or Vice-Chairman. The treasurer of said Commission shall have the custody of all funds, and shall be required

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to give a bond with good security in a sum not less than $25,000.00, conditioned to the faithful performance of all the duties required of him by said Commission. Officers, duties and powers. Sec. 5. Be it further enacted by the authority aforesaid, That in the event any vacancy should occur in said Commission, then and in that event such vacancy shall be filled by the remaining members of said Commission. Vacancy how filled. Sec. 6. Be it further enacted by the authority aforesaid, That should the said Commission decide to select another site other than the one at the corner of Cherry and First Streets, said city, then it shall be the duty of the Mayor and Council of the City of Macon to sell and dispose of the property now owned by said city at the said corner of Cherry and First Streets, and the funds arising from said sale shall be paid over to the said Commission, in the same manner as the tax fund herein provided is paid to said Commission. Selection of site. Sec. 7. Be it further enacted by the authority aforesaid, That all contracts for work to be done on said building, the cost of which exceeds the sum of one thousand ($1,000.00) dollars, shall be let to the lowest and best bidder, provided, however, that nothing in this section shall be construed to prevent said Commission from doing said work with its own force. Contracts for work. Sec. 8. Be it further enacted by the authority aforesaid, That is shall be the duty of the treasurer of the City of Macon to pay unto the treasurer of said Commission any and all funds in his hands realized from the collection of said tax at such times as he may be called upon to do by said Commission; the treasurer of said Commission shall be and is hereby required to give to the treasurer of the City of Macon a receipt of any and all funds delivered to him by said city treasurer. Funds payable to treasurer. Sec. 9. Be it further enacted by the authority aforesaid, That all contracts made by said Commission shall

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be signed by the Chairman, or in his absence, by the Vice-Chairman, and attested by the treasurer. Contracts. Sec. 10. Be it further enacted by the authority aforesaid, That said Commission shall have no power or authority to bind the City of Macon by contracts, or otherwise, for any sum in excess of the annual tax herein provided. Limited power. Sec. 11. Be it further enacted by the authority aforesaid, That it shall be the duty of the City Attorney to act as legal adviser to said Commission in all matters which are referred to him by said Commission, without additional compensation. Legal advice. Sec. 12. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act shall be and are hereby repealed. Approved August 16, 1920. MACON CIVIL SERVICE COMMISSION ABOLISHED; POLICE AND FIRE DEPARTMENTS. No. 672. An Act to amend the charter of the City of Macon; To amend an Act approved on the 17th day of August, 1914, creating a new charter for the said City of Macon, and Acts amendatory thereof; to abolish the Civil Service Commission of said city, and to provide for the management, regulation, and control of the police and fire departments of the said City of Macon, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act approved on the 17th day of August, 1914, appearing on Pages 981 to 1044 inclusive,

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of the published Acts of Georgia, creating a new charter for the City of Macon be and the same is hereby amended as follows: Act of 1914 amended. Sec. 2. That Sections 78, 79, 80 and 81 of said Act, wherein the Civil Service Commission is created and providing for the qualification of its members, the manner and time of their election, the salaries to be paid them, their authority over the police and fire departments of said city, and the authority of said Commission to make contracts and expenditures for said city be and the same are hereby expressly repealed. Secs. 78-81 repealed. Sec. 3. Be it further enacted by the authority aforesaid, That Section 1 of the Act approved August 18th, 1916 appearing on pages 779 to 782 inclusive of the published Acts of Georgia wherein it is made the duty of the Civil Service Commissioners to enforce the laws of the State and ordinances of the City of Macon, and providing for the time, place and manner of the trial of the members of the police and fire departments and a reduction in the salary of the said Commissioners be and the same is hereby expressly repealed. Sec. 1 of act of 1916 repealed. Sec. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the regulation, maintenance and control of the police and fire departments of the City of Macon shall be and the same is hereby vested in the Mayor and Board of Aldermen of the City of Macon, subject to the provisions and exceptions hereinafter set forth. Police and fire departments. Sec. 5. Be it further enacted by the authority aforesaid, That all officers and employees of the police and fire departments of said city, on the date of the passage of this Act, shall constitute the present personnel of the said two departments. Officers. Sec. 6. Be it further enacted by the authority aforesaid, That the said two departments and their personnel,

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shall be regulated, governed and controlled by and under Civil Service rules and regulations adopted by the Mayor and the Board of Aldermen of the City of Macon, which said rules and regulations shall be subject to repeal, amendment, modification or addition by the said Mayor and Board of Aldermen of the city aforesaid in their discretion, save and except that no rule, regulation, resolution, ordinance or practice shall be adopted which is in conflict with the Civil Service rules and regulations contained in this Act, and which are hereby denominated Articles of Charter Constitution. Regulation and control. Sec. 7. Be it further enacted by the authority aforesaid, That the following rules and regulations for the regulation, government and control of the said two departments, shall be deemed and known as Articles of Charter Constitution, mentioned in Section 6 of this Act, to-wit: Articles of charter constitution. Article 1. No employee shall be given or refused employment, suspended, tried or discharged because of his vote in any primary or election. Article 2. No employee shall take an active part in any primary or election; and all employees are hereby prohibited from contributing any money to any candidate, soliciting votes, or prominently identifiyng themselves in a political race with or against any candidate for office. Rules relating to employees. Article 3. A speedy and public trial shall be given an employee under charges or suspension. Article 4. No employee shall be discharged until after trial or opportunity therefor, except for a violation of the provisions of Section 31 of this Act. Article 5. No employee shall be suspended for a period exceeding fifteen days without an opportunity for trial, unless such trial can not be had for causes beyond

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the control of the Committee, or at the instance of the employee, in either of which events the Committee may continue in force any previous suspension of such employee pending trial. Article 6. All qualifications being equal, promotions shall be from the ranks if compatible with the public interest, to be judged of by the Committees or by the Mayor and Board of Aldermen as contemplated in this Act. Article 7. No employee shall be discharged if acting in obedience to an order or command of a superior officer. Article 8. No employee shall be suspended, tried, or discharged for enforcing the ordinances of the city, or for preferring charges for their violation. Article 9. Upon the trial of any employee, he shall be confronted with the witnesses against him; he may cross-examine such witnesses against him; and be represented by counsel in his discretion; except that sworn depositions of any witness may be used in any trial as hereinafter provided. Article 10. The right of petition to the Mayor and Board of Aldermen is hereby granted each employee, and the two departments. Article 11. All charges against an employee except for a violation of the provisions of Section 31, shall be written and sufficiently specific to enable him to intelligently defend the same; but the decision of the Committee on objections made to the sufficiency of such charges shall be final. Article 12. All Civil Service rules and regulations before becoming effective shall he communicated to both departments in a manner described by the Mayor and Board of Aldermen and each member of such departments shall be furnished with a copy of this Act.

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Article 13. The right of appeal from the decisions of either Committee is hereby granted each employee. Article 14. If a suspension made without pay be not finally sustained, the employee shall forwith be paid all moneys which would have been paid him except for such charges, suspension or trial, and he shall be immediately restored to his original position and duties without penalty. Article 15. The Mayor shall be the ranking head and chief in command of both departments. Sec. 8. Be it further enacted by the authority aforesaid, That from the first six candidates for Aldermen receiving, in their order, the highest number of votes in the regular city or municipal primary for the nomination of a Mayor and a Board of Aldermen, the Mayor shall appoint any four out of such six candidates on two separate committees of two each; and shall then add, by appointment, to each committee a member of the Board of Aldermen, thus making each committee have and possess a membership of three. The Mayor shall designate the Chairman of each committee, and such committees shall be known as the Police Committee and Fire Committee respectively. All vacancies caused by disqualification or from other causes except resignation, shall be filled by appointment of the Mayor; and all vacancies on either of said committees caused by resignation therefrom shall be filled by election of the Board of Aldermen. Police and fire committees. Sec. 9. Be it further enacted by the authority aforesaid, That each member of such committees, before entering upon the duties of his office as a committeeman shall be administered the following oath by the Judge of the Superior Court of Bibb County, to-wit: You do solemnly swear that as a member of the police or fire committee, having certain jurisdiction

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over the police and fire departments of the City of Macon, you will not recommend or approve the employment of, or refuse to recommend or approve the employment of, any applicant for a position on the police or fire department of this city because of any political affiliation of such applicant, or for any other reason or cause not affecting the individual merit of the applicant. And you do further swear that you will upon the trial of every employee enter into the hearing of such trial without prejudice for or against such employee, and that you will throughout such trial keep yourself from any bias or prejudice either for or against such employee and that your decision will be determined free of any bias or prejudice either for or against the employee, at all times seeking to do justice between such employee upon trial and the interests of the public. You do further swear that you will use every effort to keep politics out of both departments, and both departments out of politics to the end and purpose that every man upon both departments may vote as he pleases and discharge his duties without fear at your hands. You do further swear that if you have or possess any prejudice for or against an applicant or employee on any matter coming before you as a member of such committee, you will make such fact known to the Mayor so that you can honorably discharge your sworn duty by causing the temporary substitution of another committeeman in your place and stead. To all of these things you do solemnly swear, so help you God. Oath of committeeman. Sec. 10. Be it further enacted by the authority aforesaid, That the Police Committee mentioned in Section 8 of this Act be and it is hereby vested with and given full and complete jurisdiction and authority to recommend or refuse to recommend the employment of any applicant for a position on the police department; and the said committee is likewise and hereby

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vested with and given full and complete jurisdiction and authority to try, reprimand, reduce in rank, suspend with or without pay, or discharge any employee of the police department of said city for a violation of any Civil Service rule or regulation; and the Fire Committee, mentioned in Section 8 of this Act is hereby vested with and given full, complete and like jurisdiction and authority over applicants for positions on the fire department, and over all employees of such fire department as is herein given and delegated to the Police Committee over the applicants for positions on, and the employees of, such police department; Provided, that neither committee may reprimand, reduce in rank, suspend or discharge an employee until after the trial of such employee, or opportunity afforded such employee for trial, save and except that pending actual trial either committee may continue in force a previous suspension by the Mayor, or chief of the department, if such trial can not be had within the fifteen days on account of causes beyond the control of the committee, or the same is postponed at the instance of the employee as provided in Article 5 of the Articles of Charter Constitution. Authority of police and fire committees. Sec. 11. Be it further enacted by the authority aforesaid, That both the Police Committee and the Fire Committee herein created be and each of said committees is hereby given the same and like right, power and authority to compel the presence and attendance of witnesses by subpoena, attachment or arrest and to punish for contempt, and to enforce its decisions as is afforded the Recorder of the City of Macon in all cases and matters before such Recorder. All subpoenas, attachments and decisions shall bear test in the name of the Chairman of the committee and be in writing or print, and all decisions of both committees shall be filed with the Clerk of the Mayor and Board of Aldermen of said city and by him properly preserved

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in his office where they shall at all reasonable times be open to inspection by the public. All testimony before either committee shall be rendered under oath. Any person may serve a subpoena for the appearance of witnesses which shall be either in person or left at the residence of or the most notorious place of abode of such witness. Either committee or the employee about to be tried may engage the services of a stenographer to take down and transcribe the testimony and evidence offered in the trial of any case. Court powers. Testimony. Section 12. Be it further enacted by the authority aforesaid, That it shall be the duty of the City Attorney, or the Assistant City Attorney or both to represent the public and to prosecute any and all charges against all employees before either committee when directed so to do by the Chairman of such committee having jurisdiction and to continue such representation before the Mayor and Board of Aldermen of said city and before any Court having or assuming jurisdiction of the subject matter. Duty of city attorneys. Sec. 13. Be it further enacted by the authority aforesaid, That it shall be the duty of the Mayor of the city or the chief of either department to prefer charges against any employee for a violation of the Civil Service rules governing the department of such employee, when, in either of their opinions there is sufficient ground to warrant an investigation of such charges or when in either of their opinions such charges need to be preferred or are true. All charges in every instance shall be signed by the respective official preferring the same, and served upon the employee in the manner as hereinbefore provided for subpoenas. A duplicate of such charges shall be forthwith sent to the Chairman of Acting Chairman of the committee having jurisdiction over such charges and a copy of the same shall be filed with the Clerk of the Mayor and Board of Aldermen. Upon receipt of the

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duplicate of such charges aforesaid the Chairman or Acting Chairman of the committee shall immediately cause a summons to be issued directed to the employee under charges requiring him to be and appear at the time, date, and place named in such summons to defend the charges against him, a copy of which is on file in the Clerk's office of the Mayor and Board of Aldermen of the City of Macon; provided, however, that no hearing or trial on the merits of such charges shall be had or held by the committee in less than three days following the date of such charges. The Chairman or Acting Chairman aforesaid shall then notify the other members of the committee of the fact of such charge and of the time, date and place fixed for said hearing; and it shall be the duty of the chief of the department to see that all witnesses needed or required for said hearing or trial, both for the city and the employee shall be subpoenaed. Violations of civilservice rules. Charges. Summons. Trial. Sec. 14. Be it further enacted by the authority aforesaid, That when any charge shall be preferred against any employee as herein provided and there shall be a witness, or witnesses, whose testimony is desired either by the city, committee or the employee under charges, upon the trial of such charges and such witness or witnesses are non-residents of the City of Macon, or if residents are female, or from illness or physical disability, or other good cause shown, cannot appear in person upon the trial of such charges and employee, the side desiring the testimony of the witness or witnesses aforesaid may take and use the sworn deposition of such witness upon giving the opposite side such notice as shall be prescribed by the Chairman of the committee having in mind the exigencies of the occassion and the importance of such testimony such depositions shall be filed with the Chairman. Testimony. Sec. 15. Be it further enacted by the authority aforesaid, That if any employee under charges shall

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refuse to stand trial or shall abscond while under charges and shall not be present at the trial thereof, the said committee may discharge such employee as by default. Defaults. Sec. 16. Be it further enacted by the authority aforesaid, That any employee dissatisfied with the decision of the committee on the trial of the charges against him, shall have the right to appeal from the decision aforesaid direct to the Mayor and Board of Aldermen of said city under such rules as may be prescribed by the said Mayor and Board of Aldermen affecting such cases. Appeals Sec. 17. Be it further enacted by the authority aforesaid, That the Mayor and Board of Aldermen of said city in case of any appeal under Section 16 of this Act shall have and they are hereby given the right and power to sustain in whole or part or reserve in whole or part or sustain in part and reserve in part any and all decisions of either of the committee aforesaid and the committee appealed from, as well as the employee, shall be bound by the decision of the said Mayor and Board of Aldermen unless reversed as hereinafter provided. Decisions. Sec. 18. Be it further enacted by the authority aforesaid, That any employee dissatisfied with the decision of the Mayor and Board of Aldermen on Appeal from the committee shall have and he is hereby given the right to make application to the Superior Court of Bibb County for the issuance of the writ of certiorari to review the decision of the committee aforesaid and the decision of the said Mayor and Board of Aldermen; provided, that the right to apply for the writ aforesaid shall not exist, and said writ shall not be granted if two-thirds or more of the total membership of the entire Board of Aldermen vote to sustain the decision of the committee on appeal, but nothing in this Act shall be construed to permit of an appeal by application

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for the writ of certiorari aforesaid from the decision, judgment or order of the said Mayor and Board of Aldermen discharging any employee for a violation of the provisions of Section 31 of this Act. In case an application for the issuance of the writ of certiorari is sanctioned and granted as is herein provided, such writ shall be directed to the Chairman of the committee (naming him) having jurisdiction over the charges against the applicant. Certiorarl. Sec. 19. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have and be given the right and authority to suspend before trial, any employee of either department, with or without pay, for a period not exceeding fifteen days when charges have been made and filed against such employee. The same and like right and authority is hereby given to the chiefs of the two departments over the members and employees of their respective departments. And the Mayor of said city may suspend any employee of either department, pending the final outcome of any appeal, or certiorari, and do so either with or without pay to such suspended employee, subject, however, to the provisions of Article 14 of the Articles of Charter Constitution. Suspensions Sec. 20. Be it further enacted by the authority aforesaid, That the employment of men for service upon either the police or fire department of said city shall be competitive in all respects, except that no man shall be employed upon either departmnt who is over forty-five (45) years of age unless such employment is for the purpose of filling the position of chief of either departments. Competition. Age. Sec. 21 (a). Be it further enacted by the authority aforesaid, That upon the occurence of any vacancy in either department and such vacancy is to be filled or where any additional employees are required for either department, the chief of such department shall give

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notice thereof in the newspaper advertising the Marshal's sales of said city advising the public of the existing contingency, and inviting all persons who desire to make application for the position or positions, to do so upon written application blanks which will be furnished without charge to any person desiring to make such application; and the said notice shall also advise the time, date and place of the examination to be held by the committee which shall be not less than ten (10) days from the time and date of the published notice aforesaid. Time for making and filing applications for the examination advertised as aforesaid, shall expire three days before the date fixed for such examination, which fact shall likewise be published in said notice. The notice shall be published in at least two separate issues or editions of the newspaper aforesaid prior to the date named for the expiration of making and filing applications for the particular examination. Vacancies. how filled. (b) When any application is made and filed with the chief of the department, it shall be his duty to immediately arrange with the City Physician, or one of them, for a physical examination of the applicant to determine his physical fitness for the position for which he has applied. Such examination shall be the same for all applicants, and each applicant shall be given a copy of his examination containing the report of such physician, while the result of such examination shall be certified to the chief of the department by the physician. Physical examination. (c) The chief of the department shall surrender all applications, together with the report of the physicians on each applicant to the Chairman of the committee, who shall then publish in the newspaper hereinbefore mentioned a list of the names of all applicants successfully passing the required physical examination, together with their street addresses and their former occupations, and requesting the public to make known to the Chairman aforesaid any facts or objections

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affecting the merit or demerit of such applicants or either of them. Such notice shall be advertised one time at least two days before the date set apart for the examination hereinbefore mentioned and hereinafter provided for. Publication. Objections. (d) The Chairman shall then proceed, either by himself or by the chief of such department, to investigate all applicants and their applications, and it is hereby made the duty of each member of such committee to familiarize himself with the character and habits of all applicants. Investigation. (e) On the date set apart for the examination by the committee, all applicants, whose names were published in the notice aforesaid shall appear in person before such committee to stand such examination and inquiry as may be prescribed or made by such committee, save and except that the Chairman of the committee, or in his absence any member thereof, may postpone the time and date of such examination for good cause in their discretion, that all applicants so appearing shall be given notice of the time, place and date of such postponed examination. Examinations. (f) Examination questions and inquiries shall be the same for all applicants, save those affecting the character, habits, and morals. Examinations may be oral or written or both. Any person, except competing applicants, shall be admitted to any and all examinations save the parts thereof touching or relating to the character, habits, or morals of the applicant or applicants, which shall be private unless the applicant himself expressly requests that it be public in which even such request shall be granted. Questions. (g) To each of the subjects involved in examinations, the Mayor and Board of Aldermen may prescribe and assign a relative weight or value which shall govern in marking the proficiency of all applicants. Grades.

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(h) Upon completion of the examination aforesaid, and when the committee having in charge the examination of the applicants shall have finished the grading of such applicants, it shall be the duty of the committee to report the name or names of the applicant or applicants successfully passing the examination to the Mayor and Board of Aldermen at the next meeting thereof with an indorsement on such report of the mark and grade awarded each applicant reported, whereupon it shall be the duty of the said Mayor and Board of Aldermen to elect the applicant receiving the highest mark and grade to fill the vacancy, or, if there be more than one vacancy, or in case such examination is for the purpose of adding more men to the department, then those applicants receiving in their order the highest mark or grade shall be elected to such positions. Report. Sec. 22. Be it further enacted by the authority aforesaid, That the Mayor and Board of Aldermen of said city are hereby given the right to make and adopt civil service rules relating to and governing applicants, applications, and examinations, not in conflict with the provisions of this Act, and which said rules may be amended, modified, repealed, or added to, in the discretion of the said Mayor and Board of Aldermen. Civil-service rules. Sec. 23. Be it further enacted by the authority aforesaid, That no applicant for a position on either department shall be elected thereto by the Mayor and Board of Aldermen until and except that such applicant's name shall have been first reported, marked and graded by the committee having in charge the examination of the applicant or applicants as hereinafter provided. Eligibility. Sec. 24. Be it further enacted by the authority aforesaid, That in all matters or subjects over which the said committees herein shall have charge or jurisdiction shall be determined by a majority vote of such committee.

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Sec. 25. Be it further enacted by the authority aforesaid, That in event no applicant successfully passes the examination hereinbefore provided for, or in case a lesser number of applicants pass such examination than there are positions to be filled, then such committee shall proceed to hold another examination in the same form and manner as provided for in such cases. Further examination. Sec. 26. Be it further enacted by the authority aforesaid, That nothing in this Act relating to the filling of vacancies or to applicants or examinations, shall be construed to prevent the promotion of any employee to the position of an officer, or an officer to a higher position, or change of any employee or officer from one line of duty to another, without the examination aforesaid whether for the purpose of filling vacancies or for other causes. On the contrary each committee is hereby expressly given the right and power to promote as they see fit and determine so to do any employee or officer of their respective department or to make any change aforesaid, without any examination whatever; provided, that nothing in this Act shall be construed to give either committee the right to name the chief of their department; and provided further, that either committee may, in their discretion, hold an examination for the aforesaid contemplated promotions of officers or employees in such form and manner as the committee may prescribe. Promotion without examination. Sec. 27. Be it further enacted by the authority aforesaid, That the Mayor and Board of Aldermen of said city shall elect the chief of both departments upon the occurrence of any vacancy therein and the provisions of this Act relating to applicants, examinations and age limit, shall not apply to the posistion of chief of either department. Chiefs. Sec. 28. Be it further enacted by the authority aforesaid, That the Mayor of said city shall be and he

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is hereby made responsible to the citizens of said city for the good order and peace of the city; and to that end and purpose he shall possess, and is hereby given full right and authority, in any and all cases and instances of emergency (to be judged of by himself) or in any unusual conditions or occasions to take complete command of either or both departments in person, and he may in such cases, draft the employees of one department for and into the service of the other department; he may in such cases call for volunteers for service upon either department and assign them to regular or partial duty; he may, in such cases, engage and employ additional men for service upon either department with or without approval of the Board of Aldermen; he may, in such cases, temporarily relieve from office any officer or employee of either department, with or without cause, pending the existence of the casualty or emergency; he may in such cases temporarily make such promotions as he sees fit, and temporarily demote any officer or employee accordingly; he may in such cases give such orders as he determines best for the public interest, or the particular occasion, direct to the members of either department or through the officers thereof, and if any order so given, during such emergency, be not obeyed implicitly by those to whom the same is directed or given, such officer or employee shall be charged with non-obedience, or disobedience to an order of a superior officer, and upon conviction before the committee, he or they shall be discharged and forever disbarred from holding any office or position in the city government; provided that any officer or employee who may be temporarily relieved from his office or duty without cause as aforesaid shall, upon the termination of the existing emergency, be immediately restored to his office and duties at the time of such relief; and provided, that before the Mayor of said city shall have and possess the right and authority given to him under this section, he shall first certify to the Board of Aldermen of the City of Macon that in his

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opinion a sufficient emergency exists in the City of Macon to justify him in assuming personal command and direction over the police and fire departments of the city, which certificate shall be filed with the Clerk of said city and by him read and presented to the next meeting of the Board of Aldermen. Mayor's powers to preserve order, etc. Sec. 29. Be it further enacted by the authority aforesaid, That the term employee or employees wherever used in this Act shall mean to include the chiefs, officers and members of the department to which such term is applicable, except where there is a manifest and expressed distinction. Employees defined. Sec. 30. Be it further enacted by the authority aforesaid, That any and all rights, powers, duties or requisites herein vested in or charged to the Mayor, chief of either department, Chairman of either committee, shall, in the absence of either from duty, devolve upon the official next in rank, or the person who by law or otherwise, is fulfilling the duties of the respective office aforesaid. Devolution of powers. etc. Sec. 31. Be it further enacted by the authority aforesaid, That no member of the police or fire departments of the City of Macon shall be, become or remain, a member of any organization within either of said departments, or of any organization within either of said departments affiliated directly or indirectly with another organization which holds, claims or exercises the right to demand of any of its membership obedience to an order to strike for any cause; and if any member of the police or fire departments of the City of Macon shall violate the provision of this section it shall be the duty of the Mayor and Board of Aldermen of the City of Macon immediately to discharge such member from the service in the manner as hereinafter provided in Section (32) of this Act. Membership in strike organizations for bidden. Sec. 32. Be it further enacted by the authority aforesaid, That anything in this Act to the contrary

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notwithstanding, it shall be the duty of the Mayor of said city immediately upon the passage of this Act to proceed, in any manner or by any means he sees fit to inquire into the status of both the police and fire departments and the employees thereon to determine whether or not either of said departments or any employee or employees thereon are violating the provisions of Section 31 and if he shall determine that said Section 31 is being violated, it shall be his duty to report such fact to the next meeting of the Mayor and Board of Aldermen together with a list of the names of any and all employees so violating as aforesaid, whereupon it shall be the instant duty of the said Mayor and Board of Aldermen to immediately discharge such employee or employees from the service by resolution, and such discharge shall be final in all respects and from which there shall be no appeal. Inquity and discharge. Sec. 33. Be it further enacted by the authority aforesaid, That all laws and parts thereof in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. MACON HOSPITAL COMMISSION. No. 433. An Act to amend an Act, approved August 17th, 1914, creating a new charter for the City of Macon, and the several Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That Section 28 of the Act approved September 30th, 1915, entitled An Act to amend an Act, approved August 17th, 1914, creating a new charter for the City of Macon, and for other purposes,

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be amended by striking in the fifth line of said section between the words the and as the following words, to-wit: Finance Committee of Council, and substituting in lieu thereof the following words, to-wit: County Board of Commissioners of Bibb County, provided, however, that the present Chairman of the Finance Committee of Council shall continue to serve as an ex-officio member of said Hospital Commission until the expiration of his present term of office, so that said section as amended shall read as follows: Act of 1914 amended. That the control, operation and management of said hospital shall be under a Commission consisting of five members, including the Mayor of the City of Macon and the Chairman of the County Board of Commissioners of Bibb County as ex-officio members thereof, provided, however, that the present Chairman of the Finance Committee of Council shall continue to serve as an ex-officio member of said Hospital Commission until the expiration of his present term of office. The other three members of said Commission shall be selected as herein provided Said Commission shall be known as the `Macon Hospital Commission.' The first Commissioners to compose said Commission shall be Bridges Smith and J. B. Riley, as ex-officio members during the time for which they shall hold office as Mayor and Chairman of the Finance Committee of Council, respectively; Orville A. Park, who shall hold his office until the first day of January, 1922; C. B. Lewis, who shall hold his office until the first day of January, 1920; A. R. Willingham, who shall hold his office until the first day of January, 1918. At the regular meeting of the Mayor and Council, at which all other city officials are elected, in November, 1917, and biennially thereafter, the Mayor and Council shall elect a Commissioner for the term of six years to fill the office of the Commissioner whose term expires on the 31st day of December thereafter. Should a vacancy occur on said Board, the remaining members shall immediately notify the Mayor and Council thereof, who

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shall at their next regular meeting, or so soon thereafter as practicable, fill such vacancy. The person so selected shall hold office for the unexpired term for which he was elected. Said Commissioners shall hold office for the terms specified herein and until their successors are elected and qualified. To be read. Hospital commission membership. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 26, 1920. MACON TERRITORIAL LIMITS EXTENDED. No. 807. An Act to amend an Act approved on the 17th day of August, 1914, creating a new charter for the City of Macon, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the Act approved on the 17th day of August, 1914, appearing on pages 981 to 1044, both inclusive, of the published Acts of Georgia, 1914, creating a new charter for the City of Macon, be and the same is hereby amended as follows: Act of 1914 amended. That the incorporate limits of the City of Macon be changed as follows, to-wit: That the following words, and run 2340 feet along the line of the center of Crescent Avenue to a point beyond where Crescent Avenue bends to the right, thence angle right 91 degrees and 53 minutes and run 406 feet along Crescent Avenue to a point 90 feet west of the each curb line of Inverness Avenue, thence angle left 92 degrees and 27 minutes, beginning at the first word on page 985 of said Acts, and ending with the word minutes

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on the sixth line of said page 985 of the published Acts of the State of Georgia for 1914, be and the same are hereby stricken and repealed, and in lieu thereof that the following boundary line in said territory be and is hereby established: And run 1,062 feet to the center of Roy Street; thence angle right 87 degrees and 40 minutes and run 832 feet along the center of Roy Street to an alley; thence angle left 90 degrees and 30 minutes and run along the center of said alley 1,184 feet to the center of Napier Avenue, extended; thence angle left 91 degrees and 20 minutes and run along the center of Napier Avenue 406 feet to a point 90 feet west of the east curb line of Inverness Avenue; thence angle right 87 degrees and 50 minutes. Boundary changed. Sec. 2. Be it further enacted by the authority aforesaid, That all of the territory lying and being between the old boundary line, as hereby repealed, and the new boundary line, as hereby established, shall be and is hereby incorporated within the corporate limits of the City of Macon. Territory incorporated. Sec. 3. Be it further enacted by the authority aforesaid, That all laws or parts thereof in conflict with this Act be and are hereby repealed. Approved August 16, 1920. MADISON CHARTER AMENDED. No. 690. An Act to amend an Act approved August 15th, 1910, entitled An Act to amend the new charter for the City of Madison, Georgia, as set out in Volume 2, Georgia Laws, 1890-1891, pp. 827-836, approved October 6, 1891, and the Act amendatory thereof as set out in Georgia Laws, 1900, pp. 343-344, approved November 30, 1900, so as to empower the Mayor and

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City Council of said city to increase the commutation street tax in said city to an amount not exceeding $5.00 annually; to further empower said Mayor and City Council to require and enforce uniform paving of sidewalks in any part of or throughout the fire limits of said city by the owners or lessees of abutting real estate, and to provide an increase in the salary of said Mayor and said Aldermen, said increase to take effect after the expiration of the term of office of the present incumbents, so as to increase the salary of the Mayor of said city to $1,000.00 per annum and to increase the salary of each Alderman to $200.00 per annum; and to provide for the election of Mayor and Aldermen of said city so that the said Mayor shall hereafter be elected for two years instead of for one year; and also to provide for the election of said Aldermen so that they shall be elected two each year who shall hold office for two years instead of for one year, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act Section 3 of said Act approved August 15th, 1910, be stricken and the following be substituted in lieu thereof: Act of 1910 amended. Section 3. As compensation for their services the Mayor shall receive $1,000.00 per annum and each of the Aldermen shall receive $200.00 per annum, and this provision shall take effect immediately after this Act shall have been passed and approved, and the present Mayor and the present Aldermen shall be compensated for the remainder of their present terms of office at the rate of $1,000.00 per annum for the Mayor and $200.00 per annum for the Aldermen. New sec. 3. Salaries of mayor and aldermen. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the

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Mayor of said City of Madison shall be elected for a term of two years instead of one year, this provision applying to the election of all Mayors to succeed the present incumbent. Mayor's term of office. Sec. 3. Be it further enacted by the authority aforesaid, That at the next regular election for Mayor and Aldermen in said City, the same to be held on the first Wednesday in April, 1921, there shall be elected two Aldermen who shall hold office for two years instead of one year, and two Aldermen shall be elected for one year, and at each succeeding election to be held in said City of Madison on the first Wednesday of each year thereafter there shall be elected two Aldermen who shall hold office for a period of two years and until their successors shall be elected and qualified so that there shall always be two old men on the Board of Aldermen at all times. Election and terms of aldermen. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. MANASSAS, CITY OF, INCORPORATED. No. 655. An Act to incorporate the City of Manassas, in the County of Tattnall, State of Georgia; to provide for a Mayor and Council and to prescribe their qualifications, terms of office and manner of election; to confer on said Mayor and Council certain duties, powers and privileges to provide for all elections necessary for the purposes herein; to locate voting places and methods of holding elections, and to designate the qualifications of voters; to provide for the government of said city, and to regulate the police

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and officers thereof, their terms of office, salaries and duties; fix the salaries of all other officers; to define the corporate limits of said city and its location; to provide for public improvements of said city; to provide for the laying out and opening of the streets, sidewalks, alleys, driveways and other public grounds, and for the maintenance of the same; to authorize the condemnation of private property, according to law, for the purpose of such streets, sidewalks, driveways and alleys, or for other public purposes; to provide for the issuing of bonds for public improvements, and especially for school purposes, and to provide how, when and under what conditions, in what way and for what amount said bonds may be issued; to provide for the payment of said bonds and for the levy of taxes for that purpose; to provide for the assessment and collection of taxes for several purposes upon all kinds of property and business therein; to provide for the enacting of all necessary ordinances and the enforcement thereof; to provide the manner of collecting taxes of all kind, including street taxes, and for the appointment of tax assessors, prescribing their duties and powers, and for other purposes incidental to the government of said City of Manassas. Section 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 Town of Manassas, Tattnall County, Georgia, be and they are hereby incorporated under the name and style of the City of Manassas, and by that name shall be and are hereby vested with all the rights, powers and privileges incidental to municipal corporations in this State, and all the rights, powers and privileges to acquire, hold and transfer titles, property, easements and hereditaments. And the said City of Manassas may sue and be sued, contract and be contracted with, plead and

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be impleaded, have and use a common or corporate seal, make and enact through and by the Mayor and Council such ordinances, rules, regulations and resolutions for the transacting of its business and the welfare and proper government of said city as to such City Council and Mayor may seem best, and which shall be consistent with the laws of the State of Georgia, and of the United States, and the said City of Manassas shall be able by law, and is hereby authorized and empowered to purchase, hold, rent, lease, receive by donation or otherwise, sell, exchange, enjoy, possess and retain temporarily or perpetually, for any period of time, any property, real or personal, any estate, lands, or tenements and hereditaments of any kind whatsoever, whether within or without the corporate limits of said city, for corporate purposes. Corporate name. General powers. Sec. 2. Be it further enacted, That the corporate limits of said City of Manassas shall be embraced in a circle, whose diameter shall be one mile, and whose center shall be where the public road in said City of Manassas crosses the Seaboard Air Line Railroad immediately east of the depot. Territorial limits. Sec. 3. Be it further enacted, That the government of the said City of Manassas shall be vested with a Mayor and five Councilmen, who shall compose the City Council, whose qualifications and manner of election is hereinafter prescribed. Mayor and council. Sec. 4. Any male resident of said city who shall be twenty-one years of age, white, freeholder of real estate within said city, who shall have been a resident of the State of Georgia for a period of twelve months, and of the City of Manassas for six months, and who shall have paid all State, county and municipal taxes, shall be eligible to the office of Mayor or Councilman of said city, such residence referring to the period immediately preceding the appointment or election of such person to either of the offices named. Eligibility.

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Sec. 5. Be it further enacted, That on the first Tuesday in December, 1920, and biennially thereafter on the same day, an election shall be held in said city, in manner and place hereinafter provided, for the purpose of electing a Mayor and Council of said city, whose term of office shall be two years, or until their successors are elected and qualified. Their term of office shall begin on January 1st following their election. In case no election is held at the regular time provided by this Act, a special election may be called by the Mayor and Council to be held on some other day, first giving twenty days notice of such election by posting notices thereof at the court house door in said city and at the postoffice. Election; term of office. Sec. 6. Be it further enacted, That all elections under the provisions of this charter, whether regular or special, and whether for the election of officers or for the submission to the people of said city the question of issuing bonds of said city, or for any of the purposes for which an election may be held in and for said city, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders, who are bona fide residents of said city, and who shall be appointed by the Mayor for that purpose. In case no appointment is made, then any three citizens having the qualifications prescribed may act. Each of said managers, before entering upon his duties, shall take and subscribe before some officer authorized by law to administer oaths, or before one of their number, 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 power and skill, so help us God. Said managers shall keep or cause to be kept two lists of voters and two tally sheets. All elections shall be held at the county court house in said city, and shall be held between the hours of 10 o'clock a. m. and 3 o'clock p. m., and shall be written ballot. Those receiving a majority of votes cast for the respective offices shall be declared elected. Said managers

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shall certify two lists of voters and two tally sheets, place one of them in the ballot box and securely seal the same, and shall forthwith deliver the same to the clerk of the city, who shall keep the same with the seal unbroken for thirty days, and if no contest is then instituted shall destroy the same without himself inspecting or permitting any one else to inspect said ballots. The other tally sheets and list of voters, together with a certificate showing the result of the election and signed by the managers, shall be placed in a sealed package and forthwith delivered to the Mayor, who shall keep the same until the first meeting of the City Council, held not less than four days after the date of such election, at which time and in the presence of said Council he shall open the same and declare the result. If any person desires to contest any election held hereunder, said contest shall be had under the general laws of the State governing municipal contests. Elections. Managers. Oath. Place and time. Certificate. Contest. Sec. 7. Be it further enacted, That every male citizen of the City of Manassas, as incorporated under this Act, who is twenty-one years of age, and who shall have resided in the State of Georgia for twelve months and in the City of Manassas for six months preceding the election, and who has legally registered as a voter, and who shall have paid all taxes that may have been legally required of him, except for the year of election, and who has paid all fines, licenses, business taxes and registration fees, and who has not been convicted of any crime involving moral turpitude, unless pardoned, shall be qualified to vote in any city election held in the City of Manassas for any purpose whatsoever. Voters qualified. Sec. 8. Be it further enacted, That the city clerk, or if the Mayor and Council so desire it, then some other person by them appointed, shall open at some accessible place as may be designated by said Mayor and Council, on the first Monday in November in each election year a list for the registration of voters for said city, which list shall be kept open every day except Sunday

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and legal holidays, between the hours of 9 and 12 in the morning, and 3 and 5 in the afternoon, from the day opened until the tenth day before the regular election day on the first Tuesday in December, then said list shall be finally closed. The regular registration for said December elections shall be good and valid for any election that may be held for any purpose during the year following, but for any election held during such election years previous to the first Tuesday in December, then and in that even the Mayor and Council shall cause a list to be opened 30 days before any such election; said registration list to be opened and managed in like manner as the list for the regular election in December, and above provided; provided, that any registration for any special election at any time during said election year shall be sufficient for the regular election in December. It shall be the duty of the clerk, or other person in charge of such list, upon application of any person entitled to vote, which application shall be personal and not by proxy, to register the name of such person, together with his age and occupation, by having such person subscribe his name to the following oath: I do swear that I am twenty-one years of age or will be by the next election; that I am a citizen of the United States; that I have resided in this State for a period of twelve months last past, and in the City of Manassas for the last six months; that I have paid all legal taxes and assessments required of me by law, and I have never been convicted of crime involving moral turpitude and not pardoned, so help me God. Said clerk or person in charge of said list is hereby authorized and qualified to administer such oath. Nothing herein contained shall be construed to prevent the Mayor and Council, by unanimous vote from declaring that the registration list for any regular election shall be used at any special election held within two years, provided, any legal voter, who has not registered, may do so at any time up to ten days before such special election. Registration of voters. Oath of voter.

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Sec. 9. Be it further enacted, That at such time as the Mayor and Council may deem proper before the date of any election held in said city, not exceeding thirty days before any such election, the said Mayor and Council shall elect three citizens of said city, who shall constitute and be known as a Board of Registrars for said city. No person who is a candidate for any office to be filled at such election is eligible to serve as a member of said Board of Registrars. Such registrars shall qualify by taking the following oath before any person authorized by law to administer oaths, to-wit: I do swear that I will diligently and impartially examine and revise the registration list of the City of Manassas according to the laws governing the same, to the best of my ability, so help me God. This oath shall be recorded by the city clerk on his book of minutes. As soon as possible after the registration list shall be closed the person in charge of the same shall deliver said list to said Board of Registrars, whose duty it shall be to diligently and thoroughly examine the same for the purpose of ascertaining if any person has registered illegally, and to this end may summon all persons as to whose right to register they may entertain any doubt, either from examination the of tax books of the city, the State or county, the criminal record, or for any other cause, to appear before them and show cause why their names should not be stricken from the said registration list. Said summons shall be served by the marshal of said city, or in case he cannot serve them, then by any person elected by said board for the purpose. Said summons shall be served upon the person named therein not later than one day preceding the day upon which he is summoned to appear. Should said examination show to the satisfaction of a majority of said Board that the person summoned is not entitled to registration under existing laws, his name shall be stricken from the said list, and should the person so summoned fail to appear, the Board shall proceed as though he were present. Any person living in said city who claims the right to register,

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but whose name has not been entered upon the registration list, may appear before said Board of Registrars and if he shall convince a majority of said Board that he is a qualified voter of said city, that he has been unlawfully denied the right to register, or that he had some good and satisfactory reason for not registering while said registration list was open to the public for the purpose of registering voters, then said Board shall enter his name upon said list as if he had registered before said list was closed. After a thorough examination and revision, said Board shall prepare two lists, alphabetically arranged, of all names left upon said registration list, after the same has been examined and revised, and shall certify the same as a correct list of qualified voters of said city. Said registrars shall then deliver said lists to the managers of the election on the day of such election. No person shall be allowed to vote at said election whose name does not appear upon said list. Said registrars, as well as said election managers, shall be paid out of the city treasury such amount as may be fixed by the Mayor and Council, not to exceed two dollars per day for each person for each day required in the performance of these duties. Board of registrars. Oath. Examination and revision of list. List of voters. Sec. 10. Be it further enacted, That before entering upon the discharge of their duties, the persons elected as Mayor and Councilmen, and each of them, shall take and subscribe before some officer authorized by law to administer oaths, the following oath: I do solemnly swear that I will well and truly perform the duties of Mayor (or Councilman, as the case may be) of the City of Manassas, 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. Oath of office of mayor and councilmen. Sec. 11. Be it further enacted, That at any regular or special meeting of the Mayor and Council after their election and qualification, said Mayor and Council shall elect a city clerk, who shall be clerk of the Council and

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ex-officio clerk of the Mayor's Court; a marshal or marshals, a city attorney, and other officer or officers as the Mayor and Council may deem necessary. The Mayor and Council may prescribe the duties of all such officers, their compensation, and their oaths of office, together with such bonds for the faithful carrying out of the same as they may see fit. All said officers shall hold their offices at the pleasure of the Mayor and Council. Municipal officers. Sec. 12. Be it further enacted, That the Mayor (or Mayor pro tem., who shall be elected by the Council from their number) and three members of Council shall constitute a quorum for the transaction of any business before the Council, and a majority of the votes cast shall determine all questions and elections before the Council, the Mayor or the Mayor pro tem., if the latter be presiding, not being entitled to vote, except in case of a tie. Said Mayor and Council shall hold their meetings within the limits of said city, at such time and place as they may deem proper. They may fix a time and place for regular meetings, but at any special or called meeting of the body, whether at the regular time and place or otherwise, the Mayor and Council shall have just and ample power as at any regular meeting, and may do and perform any of the things, duties and powers that they could do and perform at any regular meeting. Quorum of ocuncil. Meetings. Sec. 13. Be it further enacted, That during the sickness, absence or disqualification of the Mayor, the Mayor pro tem. shall be clothed with all the rights and privileges of the Mayor, and perform the Mayor's duties. In the case of death, removal or resignation of the Mayor, or in any other event making the office of Mayor vacant, the Mayor pro tem. shall immediately become Mayor, and shall serve until the end of the regular term for which his predecessor is elected. Should said Mayor pro tem. refuse to act, or be disqualified or unable to assume the duties of Mayor, the Council shall elect some other citizen of said city as Mayor thereof, provided he is qualified by law to fill said office. If at any time

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the office of Councilman shall become vacant, by death, removal, resignation or otherwise, the remaining members of the Council shall elect some citizen of said city, who is qualified by law to fill said vacancy, and such person shall serve until the next regular election. Mayor pro tem. Vacancy in office. Sec. 14. Be it further enacted, That the Mayor shall receive a salary to be fixed by the Council, not to exceed two hundred dollars per annum. He shall be the chief executive officer of said city, and see that the ordinances, by-laws, rules and orders of the Council are faithfully executed. He shall have control of the marshal and police force of said city, and may appoint special officers whenever he may deem it necessary for the protection of persons or property, and for the preservation of the peace and good order of said city. He shall preside at all meetings of the City Council and shall have veto power and may veto any ordinances, orders or resolutions of the Council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four Councilmen on a yea and nay vote duly recorded in the minutes of said Council; provided, however, the Mayor shall not exercise his power of veto, unless he shall reduce the same to writing and file with the city clerk within four days after the passage of the measure vetoed. He shall preside over the Mayor's Court hereinafter provided for, and shall have the power to punish for contempt both before the City Council and before said Mayor's Court by any fine not exceeding $25.00, or imprisonment in the city prison for not exceeding ten days, either or both, in the discretion of the Mayor. It shall be the duty of the Mayor to preserve the peace, and he shall be ex-officio Justice of the Peace so far as to enable him to issue and try warrants for criminal offenses committed within the jurisdiction of the City of Manassas. All city employees under the jurisdiction of the Mayor and Council shall be directly and immediately subject to the Mayor. He shall have general supervision of the

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affairs of said city, and shall have authority to convene the Council in extra session whenever he deems it proper so to do. He shall have vested in him all the power and duties as are vested by general laws in Mayors in this State. Mayor's salary. Powers. Veto. Sec. 15. Be it further enacted, That there shall be a Mayor's Court in the said city for the trial of all offenders against the laws and ordinances of said city, to be held by the Mayor as often as necessary, at the office of said Mayor, or in his discretion in the county court house in said city. In the absence or disqualification of the Mayor, the Mayor pro tem. shall preside and hold said court, and in the absence or disqualification of the Mayor pro tem., any member of Council elected for that purpose by the Council shall hold said Court. Said Court shall have the power to preserve order and punish for contempt as hereinbefore provided. Said Court is hereby empowered to compel the attendance of witnesses until that end made by rule for contempt, punish witnesses for failure to obey, for failure to obey the mandates and subpoenas of the Court; said Court shall be authorized and empowered to punish for violation of the laws or ordinances of said city by imprisonment in the city prison for a period of not exceeding sixty days; by compelling the defendant or offender to labor upon the streets of said city for a period not longer than sixty days, by a fine not exceeding $100.00 and the costs of the Court, which fine may be collected by execution, and by any one or more of these punishments, in the discretion of the Court. Either one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk and marshal of said city are hereby made officers of said Court, and shall be entitled to such fees and costs from the losing party as the City Council may prescribe. Mayor's court. Powers. Fees of clerk and marshal. Sec. 16. Said Court shall be conducted in like manner to the Superior or City Courts of this State, so far

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as the same is practicable, as to rules of evidence, motions, continuances, and other matters pertaining to Courts for the trial of offenders against the criminal law. When any person or persons are brought before said Court charged with a violation of any of the ordinances, regulations or rules of said city, and the hearing thereof, for good cause shown by either side, shall be continued to some other time as the Court may name, the accused shall be required to give bond and security for his appearance at the time appointed for trial, or be imprisoned to wait trial. If such bond be given and the accused fail to appear at the time fixed for the trial, the bond may be forfeited by the Court and upon calling in open Court for the securities to produce their principal, which not being done, the bond shall be summarily forfeited and execution issued thereon and levied as any other execution from any of the Courts of this State. The clerk of the Court shall keep a record of all business transacted by the Court, shall issue all executions authorized to be issued by said Court, which execution shall bear test in the name of the presiding officer before whom the bond was forfeited. The duties of the clerk and marshal of said Court shall be similar, so far as practicable, to the duties of the clerk and sheriff of the Superior or City Court of this State. The fees of the city attorney, clerk and marshal of said Court shall be such as the Mayor and Council shall prescribe, in cases tried in said Court, or otherwise disposed of. Court procedure. Appearance bonds. Forfeiture. Duties of clerk and marshal. Sec. 17. Be it further enacted, That all offenders against the laws and ordinances of said City of Manassas shall be tried in the Mayor's Court upon a written or printed accusation against the accused, in manner and form substantially as follows: State of Georgia, City of Manassas. I,...., marshal (or citizen, as the case may be), in the name and behalf of the City of Manassas, charge and accuse..... with the offense of..... (stating the offense charged), contrary to the laws and ordinances

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of said city, the good order, peace and dignity thereof. This..... day of....., 19..... This accusation shall be signed by the marshal or citizen making the same in the presence of the Mayor or acting Mayor, who shall attest the same. The Mayor, or acting Mayor, may then issue a warrant for the arrest of the accused, which warrant shall be directed to the marshal of said city, his lawful deputies, or any arresting officer of Tattnall County, and it is hereby made the duty of any such arresting officer, in whose hands this warrant may be placed, to arrest the accused and bring him before said Mayor's Court; provided, that nothing herein contained shall prevent the marshal or any officer of said city from arresting without warrant or accusation any person guilty of violating the ordinances or laws of said city, or any one reasonably suspected of so doing; provided, further, that no person so arrested shall be held longer than twenty-four hours unless accusation is made and the accused brought before said Mayor's Court within that time. Accusation. Arrest on warrant, and without it. Sec. 18. Be it further enacted, That any person convicted before the Mayor or other presiding officer of said Court may enter an appeal from the judgment of said Court to the City Council; provided the appeal be entered within four days after the judgment complained of is announced, and provided further that the defendant pay all cost accrued in the case and gives bond to abide the final judgment, which bond shall be approved by the clerk or marshal. The City Council shall, as early thereafter as practicable, hear and determine said case so appealed and shall investigate the case de novo. If they find the defendant guilty the sentence or judgment of the Mayor or presiding officer shall then stand and be enforced. Any person convicted by the Mayor's Court, or by the Council on appeal, may have the right to certiorari to the Superior Court of Tattnall County; provided, all costs are first paid and bond and security given in double the amount of the fine imposed, if a

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fine is imposed, to answer the final judgment rendered in the case; and provided, further, that nothing herein contained shall prevent a defendant who desires to appeal his case to the Council or to make application for certiorari from filing the usual pauper affidavit in lieu of either the giving of bond or payment of cost, or both. All such certiararies shall be governed by the same rules of law that govern all other certioraries. For any fine imposed by said Mayor's Court the clerk may issue execution against the defendant, to be levied on any of his goods, chattels, land and tenements, or upon failure to pay the same, the Court may sentence such defendant to jail in the city prison, or both may be done. Appeals. Certiorari. Executions. Sec. 19. Be it further enacted, That the Mayor and Council shall establish a city prison in such way and in such place as they may deem expedient; and to this end may buy, build, lease, rent or otherwise secure a proper house or compartment for the safe imprisonment of all its prisoners. It shall be lawful for said Mayor and Council to use the common jail of Tattnall County, or any compartment of the same, for a city prison, should they deem it desirable so to do, provided the county authorities shall permit the same to be done. Prison. Sec. 20. Be it further enacted, That the Mayor of said city shall have the authority in his Court to bind over or commit to jail offenders against the criminal law of Georgia whenever, in the course of investigation before him, a proper case therefor shall be made out by evidence. Commitment. Sec. 21. Be it further enacted, That in addition to other powers specially delegated to the City Council by this charter, they shall have power to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in said city; to exact licenses and license fees from persons, firms and corporations as a condition to their engaging in business or occupation or

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profession within the limits of said city, and to provide for the punishment of those who engage in business within said city without paying such license or fee and otherwise complying with the laws of said city; to pass all necessary ordinances and by laws respecting public buildings and grounds, carriages, wagons, drays, bicycles and wells, and for the prevention and punishment of disorderly conduct and conduct liable to destroy the peace and tranquillity of a citizen or citizens thereof, and every other by-law, ordinance and resolution that may seem necessary and proper for the security of the peace, health, order and good government of said city; and to do generally all other acts and things which, in the judgment of said Council will improve the morals, health, comfort, safety and convenience and general welfare of its citizens; provided, that the same are not inconsistent with the laws of this State or the United States. Sundry welfare powers. Sec. 22. Be it further enacted, That before any ordinance shall be adopted by the Council, it shall be read at two separate meetings of the Council; provided, that an ordinance may be adopted at its first reading by unanimous consent of those of the Council present if there be a quorum. That before an ordinance that has been adopted shall become operative and of full force and effect, it shall be spread upon the minutes and posted at two public places in said city, or advertised one time in any newspaper published in said city. No regular form of ordinances shall be required, but such ordinances shall plainly and distinctly set forth the measure intended. Ordinances. Sec. 23. Be it further enacted, That the City Council of Manassas shall have full power and control over streets, sidewalks, alleys and parks of said city, and shall have full power and authority to condemn property for the purpose of opening, laying out or widening of streets, alleys or parks, or for the erection thereon of any public building necessary for said city or any of its departments, or for the changing of any street, sidewalk,

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alley or driveway, or for any other public purpose; and whenever the City Council shall desire to exercise the power granted in the section, it may be done as provided in Sections 4637 to 4686, both inclusive, of Volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof, and the same may be done whether the land sought to be condemned is in the hands of the owner, or a trustee, executor, administrator, guardian or other agent or representative, or otherwise as provided by said section of the Code. Said Council shall have full power and authority to remove or cause to be removed, any building, steps, fences, gates, posts, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, driveways or other public places in said city, and to enforce all the provisions of this section, as well as any other section of this charter, by appropriate legislation. Streets, parks, etc. Power to condemn property. Obstructions. Sec. 24. Be it further enacted, That the City Council shall have power to require every male inhabitant in said city who by the laws of Georgia is subject to be worked on the public road, to work such length of time on the public streets, sidewalks, alleys, lanes, driveways or other public property of said city as the Council may direct, in no case to exceed ten days for any one year. Said person so subject to be worked on the streets of said city shall have the right to relieve himself of said work by paying a commutation or street tax, the amount of which shall be fixed by the Council, and which shall in no event exceed the sum of five dollars for any one year. Said work to be done and said commutation or street tax to be paid at such time and in such portions as may be prescribed by the Mayor and Council. Any person subject to work on the streets who shall fail to work or to pay said commutation tax, after having been duly notified, may be punished in the Mayor's Court as any other offender against any of the laws or ordinances of said city. Street work. Commutation tax. Penalty.

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Sec. 25. Be it further enacted, That said City Council shall have full power and authority to grant franchises, easements and rights-of-way over, in, under and on the public streets, lanes, alleys, sidewalks, driveways, or other property of said city, on such terms and conditions as said Mayor and Council may prescribe. Franchises and easements. Sec. 26. Be it further enacted, That all writs, processes, subpoenas, summonses, rules of all kinds, and all executions for any and all kinds of taxes, licenses, fines, assessments, forfeitures or demands assessed by the proper authorities of said city, against any person, firm or corporation, or company whatsoever, shall be issued and signed by the city clerk and bear test in the name of the Mayor of said city unless otherwise provided and shall be directed to the marshal of said city and his deputies, and to all and singular the sheriffs and constables of this State and each and all of said directors are hereby authorized and required to serve and execute the same. Executions, processes, etc. Sec. 27. Be it further enacted, That all personal property levied upon by virtue of any of the executions or other processes of said city, which shall be within the County of Tattnall, at the time of such levy, shall be sold at the door of the county courthouse in said City of Manassas, after advertising such sale for ten days by written notice posted at two public places in said city, which notice shall designate the day and place of sale, a reasonable description of the property to be sold, and the process under which the same has been levied. When real estate in the City of Manassas or in the County of Tattnall is levied upon by virtue of any of the processes aforesaid, the same shall be sold at the door of the courthouse of said Tattnall County and the sale may be made and deeds to the property executed by the marshal of said city, or by the sheriff of said Tattnall County, after having advertised the same in the manner provided for sheriffs' sales of land under ordinary executions in this State. In all sales of

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personal property, the marshal of Manassas, or his deputy, shall conduct said sale in manner as near as practicable, similar to the sales of personal property by the constables of this State. All sales made under the authority of this charter shall be between the hours of 10 o'clock a. m. and 4 o'clock p. m., and to the highest and best bidder for cash. If a claim shall be filed to any personal property so advertised to be sold, the marshal shall return the execution, together with the claim, bond and affidavit, to the Justice of the Peace of the 1376th District, G. M., of said county, in which district said city is located, where such claim case shall be tried as other claim cases in Justice Courts of this State; provided, that if the amount of the execution levied, exclusive of the costs and interest, shall exceed the sum of one hundred dollars, then said marshal shall deliver said execution and said claim papers to the clerk of Superior Court of Tattnall County, in which the same shall stand for trial and be tried as other claim cases in the Superior Court of this State. In all matters of levy and claim, the general rules of law as to forthcoming and claim bonds, and other things incident to the same, shall prevail. All claims filed to levies upon real estate shall be returned to and tried in the Superior Court of the county where such realty is located. Levy and sale. Notice. Of realty. Of personalty. Claims. Sec. 28. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the City of Manassas, the Mayor and Council shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding during any one year one per cent. of the value of said property, which tax shall not include taxes for school purposes, nor does the same include any tax that may be necessary in the judgment of the Mayor and Council, for the purpose of meeting the interest due on any bonds that may be issued by said city, or for providing a sinking fund for the final payment of any such bonds. Tax ad valorem. Rate.

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Sec. 29. Be it further enacted, That said Mayor and Council are hereby authorized and empowered, where authorized as hereinafter provided, to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said city, not to exceed three-fourths of one per cent. of the value of said property, for the purpose of establishing public schools in said city; provided, the sum so raised for this purpose shall be used for no other purpose whatever. School tax. Rate. Sec. 30. Be it further enacted, That said Mayor and Council shall have power to assess and collect such special tax, as they may deem proper, upon each and every or any business, trade, calling, profession, occupation or establishment carried on within the corporate limits of said city; also upon each itinerant trader, stock dealer or peddler who may do business in said city; also upon any railroad, telephone or telegraph company, fire, life or accident insurance companies, or their agents, express and banking companies or corporations; also upon medicine vendors and persons giving theatrical, spectacular or other like performances, exhibitions and circuses. Special taxes. Sec. 31. Be it further enacted, That the Mayor and Council of said city shall have power and authority to provide by ordinance when the taxes due said city shall fall due; in what length of time said taxes shall be paid; when tax execution shall issue against defaulters, and to fix a penalty for the non-payment of taxes when due; to provide for the receiving of returns of property for taxation, for the appointment of assessors and any and all other officers they may deem necessary for the purpose of collecting any of the taxes herein allowed; to prescribe the duties of such assessors and other officers, and otherwise to make full and ample provisions, not inconsistent with the laws of Georgia or the United States, for the enforcement and collection of any and all taxes that may become due to said city. All such

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provisions shall be as legal and binding upon the citizens of said city as if the same were incorporated as a part of this charter. Collection of taxes. Sec. 32. Be it further enacted, That the City of Manassas may, and it is hereby authorized to issue its bonds, either for the payment of its debts, for the erection of school buildings or other public buildings, or for any other public improvement or maintenance thereof, only under provisions of Sections 77 to 381, inclusive, of Volume 1 of the Code of Georgia of 1895. Bond issues. Sec. 33. Be it further enacted, That any election held under the provisions of the preceding section of this charter, and in accordance with the general laws of the State now in force, shall be conducted in the same manner and under the same rules as are provided in this charter for the elections to be held for Mayor and Councilmen. The ballots cast at such election shall contain the words For Bonds or Against Bonds. All persons entitled to vote for Mayor and Councilmen of said city shall be entitled to vote on the question of issuing bonds. Such election shall be called at any time the Mayor and Council of said city may deem wise, after first giving the notice required by law in such cases made and provided. Said bonds shall mature at such time, not later than thirty years from date of issue, or at different times within said period; shall bear such rate of interest, not exceeding six per cent., and shall be in such denominations as the Mayor and Council may prescribe; and said bonds shall provide that the interest thereon shall be paid annually or semi-annually, as may be deemed most advantageous to the city in the judgment of the City Council and Mayor. If the requisite majority of votes be cast in favor of the issuance of bonds, the Mayor and Council shall proceed to issue the same in manner and form usual to municipal bonds; the principal bonds to be signed by the Mayor and clerk, and the interest coupons to be signed by the clerk only; provided, that the signature of said

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clerk may be engraved or stamped upon said coupons, facsimile. Said bonds shall be exempt from taxation by the City of Manassas and shall constitute an inviolable contract between said city and the holders of said bonds. All other matters and particulars concerning said bonds, the issuance and contents thereof, shall be determined by the Mayor and Council, in conformity with the law and this charter; the Mayor and Council shall have the authority to provide for the sale and disposition of such bonds at private or public sale, as to them may seem best, and to make all arrangements concerning the manner of sale of such as to them may seem best. The funds derived from the sale of such bonds shall be paid to the city treasurer, and the same shall be used only for the purpose for which said bonds were issued. All bonds issued by said city shall have attached to them the corporate seal of said city. Elections on bond issues. Voters. Bonds. Non-taxable. Funds. Sec. 34. Be it further enacted, That the Mayor and Council of Manassas are hereby authorized and empowered to establish and maintain a system of public schools in and for said city which, when established, shall be under the management of a City Board of Education, to be composed of five citizens of said city, whose qualifications shall be the same as for Mayor and Councilman, and who shall be elected by said Mayor and Council, and who shall serve for a term of three years, or until their successors are elected. The Mayor shall be ex-officio a member of said Board of Education of the City of Manassas. Any vacancy in said Board shall be filled by the City Council at any meeting held after such vacancy occurs. After the establishment of said public school system of the City of Manassas, the County School Commission, or the Board of Education of Tattnall County shall not establish or maintain any school within the corporate limits of the City of Manassas, but it shall be the duty of the City Council to prepare and furnish to the State School Commissioner immediately upon the establishment of public schools in said

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city and annually thereafter by the first day of December, a list or census of all school children in said city entitled to the State school fund, and the said State School Commissioner shall pay over to the treasurer of the City of Manassas direct such proportion of said educational fund as said children are entitled to by law; and the school authorities of Tattnall County shall have no authority or control over said funds or over said schools. It shall be the duty of the Board of Education of the City of Manassas to elect and employ all teachers for said public schools, and fix their salaries; to make such rules and regulations for the operation and government of said schools as they may deem necessary; to charge a reasonable incidental fee and such matriculation fees for each child admitted to said schools as they may order, together with such tuition as may be lawful, and by said Board of Education deemed advisable; to provide for the enforcement and collection of any such incidental, matriculation or tuition fees, and to make the payment of the same a condition precedent to the admission to said schools, if they shall so desire; to provide for the admission of children of non-residents to the benefits of said schools, upon such terms as they may deem reasonable; and to provide all necessary rules and regulations as may be necessary to fully carry out the provisions of this Act, and for the determination of any matters pertaining to said schools. The Mayor and Council shall have the right to remove at their pleasure any member of the Board of Education herein provided, either for failure to perform his duty, or for misconduct in office, or for any other reason satisfactory to said Mayor and Council. They shall also have this same power of removal with reference to any other officer of said public schools or said public school system. Public schools. Board of education. Census. School fund. Teachers, rules and regulations. Removal of board member. Sec. 35. Be it further enacted, That for all children admitted to said city schools who are residents of Tattnall County outside of the corporate limits of said

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city, the school authorities of said county shall pay to the treasurer of said city, who is hereby made the treasurer of the Board of Education of said city, the pro rata part of such children in the school fund awarded to Tattnall County. School fund prorated. Sec. 36. Be it further enacted, That schools established under this Act shall be kept separate as between the white and colored children of said city; provided, that it shall not be necessary for the Mayor and Council to establish any school for the colored children of said city unless they deem it necessary; provided, such portion of any school funds collected in said city as shall be paid by the colored property owners thereof, shall be paid to any colored school or schools which the colored people may establish and maintain in said city in the discretion of the Mayor and Council. Races separated. Sec. 37. Be it further enacted, That before any public school system shall be established in said city, and before any tax for the support and maintenance thereof shall be levied, the Mayor and Council shall call an election, to be held in accordance with the laws of said city and the provisions of Section 6 of this Act, and such other sections hereof pertaining to elections as may be applicable or practicable to elections of this kind. Notice of such election shall be given as provided by law for notices for bond elections, and at such election the ballots cast shall read For public school system, or Against public school system. If two-thirds of the qualified voters of said city, voting at said election, shall vote For public school system, then said Mayor and Council shall establish said system as soon as practicable and levy the tax for the support or maintenance of the same, as authorized by this charter. The manner of holding such election and the qualification of voters therein shall be as prescribed for other elections held under this charter. Election as to school system. Sec. 38. Be it further enacted, That the Mayor and Council of said city are hereby fully authorized and

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empowered to pass all such ordinances, orders, rules and regulations as they may deem necessary for the health and comfort of the citizens of said city. They may provide such health officers as they may deem proper, prescribe their duties and powers, and what remuneration they shall receive. And such health officer, or officers, shall have and exercise all such powers and privileges as may be vested in him by said Mayor and Council by ordinance. Health laws. Sec. 39. Be it further enacted, That the Mayor and Council are hereby authorized to adopt all such ordinances, not in conflict with the laws of this State or the United States, as may be necessary to enforce any of the provisions of this charter, or any other rights and privileges as are usually vested in municipal corporations in this State; provided, that should any provision, or provisions, of this charter be in conflict with, or in violation of, any general law in this State, the latter shall prevail, and such provision, or provisions, shall be of no effect. Ordinances. Sec. 40. Be it further enacted, That the Mayor and Council of Manassas are hereby authorized to enforce the collection of any tax that may have been assessed against any person or property by the City of Manassas, where the same has not been paid, and to that end, as soon as this Act shall go into effect, may cause, by motion, the city clerk to issue execution for the same as hereinbefore provided. And they may punish as hereinbefore prescribed, any person who shall have failed to pay the Town of Manassas any street tax, or to do such street work as may have been assessed against him. Collection of taxes. Sec. 41. Be it further enacted, That the Mayor and Councilmen of the said City of Manassas, until the regular December election in 1920, shall be composed of the following persons: J. H. Rogers, Mayor; J. C. Collins, J. H. Hodges, J. M. Stubbs, H. W. Tippins and A. H. Beecher, Councilmen. The above named Mayor and

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Councilmen shall continue in office until the regular December, 1920, city election for such officers, and until their successors are elected, qualified and installed, as herein provided, and they and their successors and associates shall have and exercise all the rights, powers and duties conferred by law upon the Mayor and Council of the said City of Manassas. Mayor and council designated. Sec. 42. Be it further enacted, That the Mayor and Council of said City of Manassas are hereby authorized and empowered to use and extend any part or parcel of the moneys collected by the taxation provided in Section 28 of this Act for the erection of any building, artesian or other well, or for any other public improvement or purpose. Public improvements. Sec. 43. Be it further enacted, That all laws and parts of laws that would conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. MANCHESTER BOARD OF EDUCATION AND SCHOOL BONDS. No. 598. An Act to amend an Act entitled An Act to incorporate the City of Manchester, and for other purposes, approved October 5, 1891; and to amend an Act entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to provide for the nomination of the members of the Board of Education of the City of College Park by said Board, and for the election of the members of said Board

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by the Mayor and Council of the City of College Park from the nominees of said Board, instead of by the Board itself; so as to provide that the Mayor of the city shall be an ex-officio member of said Board of Education; so as to provide that the State school fund shall be paid by the State Department of Education directly to the treasurer of the Board of Education of the City of College Park; so as to change the annual tax for carrying on and maintaining the public schools of said City of College Park; and so as to change the amount of bond issue for purchasing school lot or lots, and purchasing or erecting public school buildings in said city and furnishing the same; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the Act incorporating the City of Manchester, approved October 5, 1891, be amended; and the Act incorporating the City of College Park, approved December 16, 1895, as amended, be and the same are hereby amended as follows: Acts of 1891 and 1895 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 upon the expiration of the respective terms of the present members of the Board of Education of the City of College Park, the successors of each of said members, and every other member of said Board hereafter to be elected except the ex-officio member thereof hereinafter provided for, shall be elected by the Mayor and Council of the City of College Park, after being nominated by said Board. Election of board of education. Sec. 2. Be it further enacted by the authority aforesaid, That the Mayor of the City of College Park shall be an ex-officio member of the Board of Education of the City of College Park with the same powers as the other members thereof. Mayor ex-officio member.

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Sec. 3. Be it further enacted by the authority aforesaid, That the State Department of Education, or the State School Superintendent, shall pay directly to the treasurer of the Board of Education of the City of College Park, the pro rata share of the State school funds due said city as apportioned by law. State school fund. Sec. 4. Be it further enacted by the authority aforesaid, That the Act amending the charter of the City of College Park, approved August 14, 1908, which said Act provides for the establishment, maintenance and operation of a system of public schools in and for said City of College Park, etc., and for other purposes, as amended by the Act approved August 2, 1916, relating to annual tax and bond issue for school purposes, be and the same is hereby amended by striking the words one-half of wherever the same appears in said Act as so amended so that said Act when amended by this Act shall read one per cent. in lieu of one-half of one per cent., the said one per cent. being the amount of the annual tax therein provided for; by striking the word twenty-five wherever it appears in said Act as so amended, and substituting therefor the word fifty, so that said Act when amended by this Act shall read fifty thousand dollars instead of twenty-five thousand, the sum of fifty thousand being the amount of school bonds authorized by this Act; provided, that the amendment relating to the change in the tax rate in this section shall not be effective until ratified by a majority of the people voting at an election to be called by the Mayor and Council of the City of College Park, said election to be held as other elections of the City of College Park. Acts of 1908 and 1916 amended. School-tax rate. Amount of school bonds. Election to ratify. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920.

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MARIETTA, CITY OF, NEW CHARTER FOR. No. 654. An Act to create a new charter for the City of Marietta, in the County of Cobb; to consolidate and declare the rights and powers of said corporation; to provide for the regulation and control of the water, light and sewer systems, and the public school system of said City of Marietta; to provide for a City Manager; to repeal all conflicting laws and to consolidate and supersede all prior Acts or orders of incorporation or amendments; and for other purposes. Article 1. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act the City of Marietta, in Cobb County, heretofore made a body politic and corporate by Acts of the General Assembly of said State, under the name of Mayor and Council of the City of Marietta, shall continue a body politic and corporate, known by the corporate name of the City of Marietta. By said corporate name it may sue and be sued, have and use a corporate seal, buy, hold, exchange, sell and convey property, make all needful and lawful contracts, and by such name transact all its business. Said corporation, through its Mayor and Councilmen, shall have all the powers and privileges incident to municipal corporations under the laws of the State, and all other powers that are necessary and proper to make, regulate, maintain and preserve a proper and legal government of said city. Corporate name. General powers. Sec. 2. That the corporate limits of said city shall extend one mile in every direction from the center of the park in the public square, except that on the east side, where the limits shall be extended as follows: Beginning in the middle of Roswell Street, on the line last described one mile from the center of the park in the

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public square, and next running due east one-fourth mile; next due north and south, at right angles, onefourth mile each way, so as to make the said line one-half mile in length north and south, and thence by parallel lines due west to the circumference as described under the provisions of this section. Territorial limits. Sec. 3. That a system of registration of voters is hereby established for said city, and no person shall be allowed to vote in any election of any kind held in said city without having first registered in accordance with the provisions of this charter and of such ordinances or regulations as may be adopted hereunder, and the Mayor and Council are empowered to adopt such ordinances and regulations as may be deemed proper to carry out the provisions of this section. Registration of voters. Sec. 4. That the clerk of Council shall receive all registrations of voters for said city and shall keep the books of registration open at all times, during business hours, at the city offices, to receive the registration of all qualified voters of said city, except during the fifteen days next preceding the date of any election. Any voter registering under this Act shall be a qualified voter as long as he remains a citizen of the City of Marietta, and pays all taxes required of him by the said City of Marietta, or the State of Georgia, and is otherwise legally qualified to register in any general election in the State of Georgia. These books shall be open at all times to the inspection of any or all of the citizens of said city. The clerk shall procure blanks containing the oaths to be subscribed by persons entitled to register in said city, which shall be the same as prescribed in Section 36 of the Civil Code of Georgia, except that instead of the last sentence the following shall be substituted: I do further swear, or affirm, that I have resided in the City of Marietta for six months immediately preceding the date of this oath; and my age is.....; my occupation is.....; my place of residence is.....; I have

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been a resident of the County of Cobb since..... day of....., and of the State of Georgia since..... day of..... Said blank shall be properly filled and the oath signed by the voter. The same shall be dated and the clerk of Council is authorized and empowered to administer oaths to the person so registering. No person totally unknown to the clerk of Council, or the city marshal, shall be allowed to register until he produces evidence of his residence in said city, and his right to register. Books open. Voters qualified. Oath of voter. Sec. 5. That at the first meeting of the Mayor and Council held after the ratification of this Act, the Mayor and Council shall elect by ballot three registrars for said city, who shall serve until their successors are elected and qualified as hereinafter provided. At the first regular meeting of the Mayor and Council held in January, 1922, and biennially thereafter, the Mayor and Council shall elect by ballot three registrars for said city. Said registrars shall be qualified voters of said city. In the event of the death or resignation of any registrar his unexpired term shall be filled by the Mayor and Council. Said registrars before entering upon their duties shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as such registrar. Said oath shall be filed with the clerk of Council and entered upon the book of minutes. Fifteen days prior to the date of any election for any purpose, held in and for the said City of Marietta, the clerk of Council shall turn over to said registrars the book of registered voters, and said registrars shall appoint a time when they, in open session in the Council chamber, will hear all complaints. When a complaint is made that any voter has registered who is not entitled by law to do so, he shall have three days personal notice, if in the city, or if not in the city, then three days notice by leaving a copy at his residence, of the time and place of hearing,

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and of the grounds of challenge, and the registrars shall sit as a court to review said case, and may subpoena witnesses, hear evidence, and determine whether in law such names should remain or be stricken. They shall also hear all complaints of any one who has been refused registration, hear evidence, and determine whether such applicants should be allowed to register. Said registrars shall review the list turned over to them, but any voter to be affected must be notified and have an opportunity to be heard as hereinbefore provided. All actions of the registrars in revising the list of voters must be in public in the Council chamber. In making said registration list, and in revising said work, the registrars shall examine the grounds of disqualification of voters, including criminal records, insolvent tax lists, tax digests, tax execution dockets and tax executions. They shall leave no one on said list who is not entitled to register, and shall strike no one off of said list who is entitled to register and vote. That after such registrars have fully completed their work in revising the registration list, they shall carefully and plainly make, or cause to be made, two alphabetical lists exactly the same, giving name, age, occupation, color and residence of each voter, and shall certify to the correctness of each list and date and sign the same officially. They shall file one copy with the clerk of Council for the inspection of all parties concerned. The other copy they shall securely seal, plainly mark and sign on the outside officially, and deliver to the clerk of Council, to be by him kept unopened until the day of election, and then handed to the managers of said election. Said registrars shall also at the same time turn back to the clerk of Council the book of original entries of the persons registering and their oaths, and these shall remain in his office at all times during office hours, subject to the inspection of any parties at interest. Registrars. Oath. Complaints. Revision of list. Lists after revision. Sec. 6. That any person who shall register illegally under this Act or be guilty of a violation of any of the

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provisions of Section 660 of the Penal Code of Georgia in registering under this Act, shall be guilty of a misdemeanor. Illegal registration. Sec. 7. That should the clerk of Council, or registrars, wilfully refuse to permit any person to register who is entitled to register under this Act, or fail to enter the name of any such person upon the book to be kept for that purpose, or should illegally erase the name of any such person from such book, or the lists to be prepared for holding such election, or shall wilfully enter the name of any person or persons on such lists who are not entitled to register, then such clerk or registrar so violating shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such. Penal Provisions Sec. 8. That the Mayor and Council of said city shall have power and authority to fix the compensation of registrars and to pay the same. Pay of registrars. Sec. 9. That five days prior to any election, the Mayor and Council shall name as election managers three qualified voters of said City of Marietta; but no person who is a candidate for any office in the City of Marietta, or who is at the time of said election an office holder of said city, shall act as manager or clerk thereof. The election managers, when organized, ready for receiving votes, at any election held in said city, shall receive from the clerk of the Council the official registration list that has been certified by the registrars as the correct list of voters qualified to vote in said election, sealed as aforesaid, and shall break the seal and use said list in said election, and shall not permit any person to vote whose name is not on said list. Said managers shall plainly mark or check each name as voted. After said election, all ballots cast in said election shall be deposited in the ballot box, carefully sealed and turned over to the clerk of Council for safekeeping, who shall deposit the same in the vault of the city without opening it until the first regular meeting of the

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Mayor and Council held thirty days after said election, when, in the event of no contest having been filed as to results of said election, the ballots shall be destroyed by them. The voting list and tally sheets shall be returned to clerk of Mayor and Council and shall be preserved in the city records. The polls for the holding of all elections in and for the said City of Marietta shall be open at 6:30 o'clock a. m. and remain open until 6 o'clock p. m. by the time in common use in the said City of Marietta, as indicated by the city clock in the courthouse tower. The managers of the election shall certify the result thereof to the Mayor and Council by their certificate which they shall deliver to the clerk of Council who shall record said certificate on the minutes or other book kept for that purpose, and said record shall be the evidence of the result of said election. Election managers' duties. Polls. Sec. 10. The elective officers of the City of Marietta shall consist of a Mayor and six Councilmen who at the time of their election are qualified voters of said city. Mayor and councilmen. The Mayor and Council now in office shall serve until their successors are elected and qualified, on the fourth Thursday in October, 1920, a Mayor and six Councilmen shall be elected, the Mayor for a term of two years, two Councilmen for a term of two years, two Councilmen for a term of four years, and two for a term of six years. At said election the candidates for Council shall designate for what term of office they desire to be elected, and from which ward, and it shall be so printed on the ballot. Biennially thereafter a Mayor and two Councilmen shall be elected, the Mayor for a term of two years and the two Councilmen shall each be elected for a term of six years. The terms of office of Mayor and Councilmen shall begin on the first Monday night in November, 1920, and biennially thereafter. Election and terms of office. Vacancies in the Mayor and Council shall be filled by a special election for the remainder of the unexpired term, as provided by ordinance. Vacancies.

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That at any election of any of the officers of said City of Marietta, no person shall be permitted within fifty feet of any polling place, except voters approaching the polls for the purpose of voting, the election managers and clerks, county or municipal officers called in by the managers to preserve order, and persons passing along the highways on their business. Persons excluded from polls. That it shall be unlawful for any person or persons to electioneer, or in any way to influence or try to influence, any voter, or to speak to him on any subject of voting of within fifty feet of the voting place. The provisions of this section shall not apply to the managers of the polls in the discharge of their duty as such; provided, they do not electioneer or try to influence any voter in any particular way. That it shall be unlawful for any person or persons to lead or carry a voter to the polls, or accompany or follow him, either to influence his vote or see how he votes, or to see that he votes in any particular way. Unlawful electioneering. That any person or persons who shall in any manner violate either or any of the three preceding provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by law in cases of misdemeanor. Penalty. Sec. 11. That any elective officer of the city shall be subject to recall and removal from office by the qualified voters of the city, and the procedure to effect such removal shall be as follows: A petition demanding that the question of removing such officer or officers be submitted to the voters, shall be filed with the person discharging the duties of city clerk. Such petition for the recall of any such elective officer or officers shall be signed by at least twenty-five (25) per cent. of the qualified voters as determined by the last registration list as used in the last election, at least one-fifth (1-5) of whom shall certify that at the election at which the officer or officers was or were elected, they voted for

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the election of such officer or officers proposed to be recalled. Petitions for signatures for such recall shall be procured only from the person exercising the duties of city clerk, who shall keep a sufficient number of such blank petitions on file for distribution, and prior to the issuance of such petitions for signature there shall be filed with such person an affidavit by one or more qualified voters, stating the name or names of the officer or officers sought to be removed, and that the issuance of such petition or petitions are desired. Such officer issuing such petitions for removal to a voter shall enter, in a record to be kept, the name of the voter to whom issued, the date of such issuance and the number of such petitions issued, and shall certify on such petitions for signatures the name of the voter to whom issued and the date of its issuance. No petition for signatures shall be accepted and taken into consideration in determining the necessary percentage of voters for removal unless it bears such certificate and be filed as herein provided. Recall and removal from office, on petition. Each signer of a recall petition shall sign his name thereto and shall write thereon, after his name, his place of residence by street and number. To each of said petitions there shall be attached an affidavit of the circulation thereof, stating the number of signers to such part of the petition and that each signature to the same is genuine, was made in his presence, and is that of the person whose name it purports to be. Signatures and affidavits. All papers comprising a recall petition shall be returned and filed with the person exercising the duties of city clerk, within thirty (30) days after the filing of the affidavit hereinbefore provided for. The person exercising the duties of city clerk, upon the return of such petition, shall at once submit the same to the governing authority of the city, and shall notify the officer or officers sought to be recalled of such action. If the official whose removal is sought does not resign within five (5) days after such notice is given, the governing

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authority of the city shall thereupon order and fix a day for holding a recall election, the date of which election shall not be less than fifteen (15) nor more than thirty (30) days from the time such petition was presented to the governing authority of the city. Return of petition to clerk. Recall election. The ballot at such recall election shall conform to the following requirements, with respect to each person whose removal is sought the question shall be submitted: Shall (name of person) be removed from the office of (naming office) by recall? Immediately following each of such questions there shall be printed on the ballots, in separate lines, in the order here set out the words: For the recall of (naming person), Against the recall of (naming person). Should a majority of the votes cast at such recall election be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office, but should a majority of the votes cast at such recall election be against the recall of the officer named on the ballot, such officer shall continue in office for the remainder of his term, subject to recall as before. Ballots. No recall petition shall be filed against any officer of the city within six (6) months after his election, nor within six (6) months after an election for such officer's recall. Six-months interval. In case the governing authority of the city shall fail or refuse to receive the recall petition, order such recall election, or discharge any other duties with reference to such recall, then the Ordinary of Cobb County, Georgia, shall discharge any of such duties herein provided to be discharged by the governing authority of said city, or any of the duties herein provided to be discharged by the city clerk, in the event of the failure by said clerk to discharge the same. Failure to act; ordinary's duty. If, in such recall election, there shall, as a result of such election, remain one or more of such elective officers,

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who is not recalled, then such officer or officers not recalled shall discharge all of the duties incumbent upon the governing authority of said city until the vacancy or vacancies created at such recall elections are filled by an election for that purpose, as hereinafter provided for, but if in any proposed recall election it is proposed and submitted to recall all elective officers, then there shall be placed on said ballot under the question of recall the names of candidates to fill the vacancies proposed to be created by such election, but the name of such officers proposed to be recalled shall not appear on the ballot as candidates. Officers not recalled. Candidates. If at any recall election it is not proposed and submitted to recall all of the elective officers, but only one or more, fewer than all, and such election shall result in favor of the recall of one or more of such officers, proposed to be recalled, then it shall be the duty of such officer or officers not recalled and constituting the governing authority of the city, within five (5) days after the result of such election has been certified by the Mayor thereof, to meet and on the same day order an election to fill such vacancy or vacancies; which election shall be held not less than ten (10) days nor more than twenty (20) days after the same shall have been ordered. Election to fill va- Sec. 12. That any proposed ordinance may be submitted to the Mayor and Council for adoption, and any ordinance or resolution passed by the Mayor and Council may be submitted to the people for repeal. In either event, the ordinance or resolution proposed to be adopted or repealed shall be set out in a written or printed instrument which shall be filed with the person exercising duties of city clerk, and at the time of the filing of such written or printed instrument, there shall be filed a statement signed by not less than five (5) qualified voters of the City of Marietta, stating that they have proposed such ordinance or resolution for adoption or repeal, and such voters shall be regarded as the initiating

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or referring committee, as the case may be, for the purpose hereinafter provided. Ordinances; initiative and referendum. Before any such ordinance or resolution may be submitted to the Mayor and Council for adoption or repeal, it shall be necessary that a petition signed by not less than twenty-five (25) per cent. of the qualified voters within the City of Marietta, determined by the last registration list as used in the last election, shall be presented to the Mayor and Council, referring to such ordinance or resolution and requesting its adoption or repeal, as the case may be. All such petitions circulated for signatures shall be uniform in character and shall have attached to the same exact written or printed copy of the proposed ordinance or resolution, sought to be adopted or repealed. Petition. Each signer of a petition shall place on the same, following his name, his place of residence by street and number. The signatures to any such petition need not all be attached to the same paper, but to each such paper there shall be attached an affidavit, by the circulator thereof, stating the number of signers to such part of the petition, and that each signature is genuine, and that of the person whose name it purports to be, and that it was made in the presence of one affiant. Signatures and affidavits. When signatures have been obtained in the number above provided for, and the petition and statement have been filed with the person exercising the duties of city clerk, such officer shall submit all papers pertaining to such ordinance or resolution, and its proposed initiation or reference to the Mayor and Council at its next regular meeting and such officers shall mail to each of the members of each initiating or referring committee a notice of the time of the next regular meeting of the Mayor and Council when such ordinance or resolution and its adoption or repeal shall be considered, or a time there set by such Mayor and Council for its consideration, which hearing and consideration shall be open to

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the public, and the public shall be permitted to present arguments for or against such proposed ordinance or resolution. Public hearing. After such presentation of the petition and public hearing, the Mayor and Council shall within thirty (30) days from the date of the submission of such petition, take final action upon the same, by either adopting or rejecting the ordinance thus initiated by petition, or by either repealing or refusing to repeal the ordinance or resolution thus sought to be referred, and in either event, the action of the Mayor and Council shall be noted in its minutes. Final action. If the Mayor and Council refuses to pass or to repeal the proposed ordinance or resolution or passes the same in an amended form from that presented in the petition, or repeals only a part of such ordinance or resolution, instead of repealing the same in the manner set out in such petition of reference, then in either event, such initiating committee or such referring committee may require that such ordinance or resolution, either in its original or amended form, be submitted to a vote of the voters for adoption or repeal as the case may be. Submission to popular vote. When an ordinance or resolution proposed by petition is to be submitted to a vote of the voters for adoption or repeal, after the Mayor and Council has acted upon the same, as provided for in the preceding paragraph, then such initiating or referring committee, as the case may be, upon a majority vote of such committee shall certify their desire to have the same submitted for adoption or repeal, within twenty (20) days after the Mayor and Council shall have taken action on the same, and shall file such certificate and statement with the person exercising the duties of the city clerk. Certificate to be filed. After receipt of such certificate and the certified copy of the proposed ordinance or resolution, the person exercising the duties of the city clerk shall present such certificate and certified copy of the proposed ordinance

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or resolution to the Mayor and Council at its next regular meeting. If any election is to be held at a date not more than ninety (90) days nor less than ten (10) days after such meeting of the Mayor and Council, then such ordinance or resolution, proposed for adoption or repeal shall be submitted by the Mayor and Council to a vote of the voters at such election to be held, but if no such election is to be held within such time, then the Mayor and Council shall provide for submitting such proposed ordinance or resolution, for adoption or rejection, to the voters at a special election to be held not less than twenty (20) nor more than forty (40) days thereafter. Clerk's duty. Election. The form of ballot for use in an election held for the adoption of any initiated ordinance shall state the title of the ordinance and contain a succinct statement of its nature and purpose and below such statement, on separate lines, there shall be printed the words: For the ordinanceAgainst the ordinance. If a majority of the voters voting in such election shall vote in favor thereof, it shall thereupon become an ordinance of the city. Ballots. The form of ballot for use in an election held for the repeal of any referred ordinance or resolution shall state the title of the ordinance or resolution and contain a succinct statement of the nature and purpose of the ordinance or resolution sought to be repealed, and below such statement in seprate lines, there shall be printed the words: For the repeal of the ordinance (or resolution, Against the repeal of the ordinance (or resolution). If a majority of the voters voting in such election shall vote in favor of the repeal of such ordinance or resolution, then the same shall be considered repealed. Providing, however, that nothing contained in this section shall affect the manner of calling elections to determine whether or not franchises shall be granted. Proviso.

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Article 2. Sec. 13. That the Mayor and Council shall constitute the legislative and governing body of said City of Marietta, and shall enact all ordinances and resolutions, and adopt all regulations with all the power and authority herein granted by this charter. Government. Sec. 14. That the City of Marietta shall have the power to enact and enforce all ordinances necessary to protect health, life, and property and to prevent and summarily abate and remove all nuisances and to preserve and enforce the good government, order and security of the city and its inhabitants; and to enact and enforce ordinances on any and all subjects, provided, that no ordinance shall be enacted inconsistent with the provisions of this charter or the General Laws or Constitution of the State of Georgia. Ordinances. General welfare. Sec. 15. That the Mayor of the city shall be the presiding officer of the Council, and cast the deciding vote in case of a tie. He shall appoint a Mayor pro tem. from the members of Council who shall in his absence have all the power vested in the Mayor by this charter. The Mayor shall call the Council together when so requested, in writing, by a majority of the members thereof, or when it seems to him to be important to the welfare of the city. Mayor and mayor pro tem. The Mayor shall sign all deeds and contracts made for or by the city which shall have been ordered or approved by the Mayor and Council and City Manager hereinafter provided for, duly assembled in their corporate capacity. Deeds. He shall preside over the Mayor's Court for the trial of offenders against the ordinances of said city. He shall have power to impose such fines as set out elsewhere in this charter. Mayor's court. The Mayor and each member of Council shall have all the powers of a Justice of the Peace to issue warrants, try and commit to the Superior Court of said

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county for trial, all violators of the laws of this State for offenses committed within the corporate limits of said city. The Mayor shall receive a salary, not exceeding five hundred ($500.00) dollars per year, as the Council may fix. Mayor's power to commit. Salary. The Mayor and Council shall meet once each month at such place as fixed by them by resolution or ordinance. The Mayor or City Manager, hereinafter provided for, may call special meetings of the Council at any time deemed advisable by them. Four members shall constitute a quorum. Council meetings. All meetings of the Mayor and Council shall be in public, except such executive sessions as may be provided for by ordinance; any citizens shall have access to the minutes and records thereof at all reasonable times at the office of the city clerk. Public admitted. The Mayor and Council shall determine its own rules and order of business and shall keep minutes of the proceedings on a special minute book made for the purpose. Minutes. The compensation of the Council shall be five ($5.00) dollars per diem, for attendance upon each regular meeting of the Council, but not more than two regular meetings shall be held each month; provided, however, that no compensation shall be allowed the Council if absent from any regular meeting of the Council. Pay of councilmen. All ordinances passed by Mayor and Council shall be recorded in a special Ordinance Book, which shall be referred to by the minutes by page and section. The ordinance on the ordinance book shall show the page of minute book and date of passage. Record of ordinances. Each proposed ordinance or resolution shall be introduced in written or printed form, shall not contain more than one subject matter, which shall be clearly stated in the title, but general appropriation ordinances may contain the various subjects and accounts for which

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moneys are to be appropriated. No ordinance, unless it be declared an emergency measure, and passed by a unanimous vote of the Council, shall be passed on the day on which it shall be introduced. Ordinances. That all ordinances, other than emergency measures, shall be published once in some newspaper published in the City of Marietta, and no ordinance, except emergency measures, shall become effective until ten (10) days after the date of its publication. Publication. That an emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health, or safety, or providing for the usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Ordinances appropriating money, not exceeding two hundred and fifty ($250.00) dollars, and ordinances for the payment of salaries and wages may be passed as emergency measures, but no measure making a grant, renewal or extension of a franchise, or other special privileges, or regulating the rate to be charged for its services by any public utility, shall ever be passed as an emergency measure. Emergency measures. Appropriations. City Departments. Sec. 16. That the Mayor and Council shall by ordinance create and define the duties of the following officers and boards; electing them by resolution, subject to referendum as other resolutions of Mayor and Council. All matters pertaining to the city's officers shall be handled by Mayor and Council through the respective officers as prescribed in this charter. Said officers shall be elected by the Mayor and Council and shall consist of: Duties of officers. An auditor, who shall be a certified public accountant and whose duties shall be the annual auditing of books of all departments and boards. Auditor.

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A city attorney, who shall prosecute violators of city ordinances and advise and represent the city in such legal matters as may be required of him by the Mayor and Council. Attorney. A Sinking Fund Commission, composed of the presidents of the Marietta banks, or three freeholders of the City of Marietta, to have charge of the sinking fund, and pay all interest on, and retire bonds at maturity. Sinking fund commission. A Board of Education, which shall have charge of the education of all children attending city schools. Board of Education. A City Manager, who shall have charge of all property of city; operate and control all public utilities, public buidings, school buildings and grounds, streets, parks, police, cemetery, fire department, and all departments not above enumerated. The foregoing officers and board shall be subject to any and all provisions of this charter pertaining to same. The Mayor and Council shall fix the salaries of the auditor, city attorney and City Manager. The members of the Sinking Fund Commission and Board of Education shall serve without compensation. City manager. Salaries. Sec. 17. That the Mayor and Council may investigate the financial transaction of any office or department of the city government, and the acts and conduct of any official or employee. In conducting such investigation, the Mayor and Council may compel the attendance of witnesses, the production of books and papers, and other evidence, and for that purpose may issue subpoenas or attachments which shall be signed by the Mayor; which may be served and executed by any officer authorized by law to serve subpoenas or other process, or any peace officer of the city. If any witness shall refuse to appear or to testify to any facts within his knowledge, or to produce any papers or books in his possession, or under his control, relating to the matter under investigation before the Mayor and Council, the Mayor and Council shall have the power to

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cause the witness to be punished as for contempt, not exceeding a fine of one hundred ($100.00) dollars and three days in the city prison. No witness shall be excused from testifying, touching his knowledge of the matter under investigation in any such inquiry, but such testimony shall not be used against him in any criminal prosecution except for perjury committed upon such inquiry. Investigations. Contempts. Sec. 18. That the members of the Board of Education of the City of Marietta now in office shall continue until their respective terms expire. The Mayor and Council shall elect the successors of the two members whose terms expire on December 21, 1920, at their first regular meeting in December, 1920, and biennially thereafter as said members' terms expire. They shall be elected for a term of six years and shall start to perform their duties on the first of January after their election. The Mayor and Council shall select qualified voters of said city who in their opinion are fitted to direct the education of the children of said city. Any unexpired term resulting from the death or resignation of a member of said Board shall be filled by the Mayor nad Council. The resolution electing any voter on the Board of Education shall be subject to referendum as other resolutions and ordinances. The Board of Education shall select its own Chairman, make its own rules and regulations, shall select such superintendents, principals, teachers and janitors as they deem necessary to the best interest of the city schools. The city clerk shall be ex-officio clerk of said Board. Said Board shall have full charge of the education of all children attending the city schools. The Board of Education shall submit to the Mayor and Council a budget of the necessary funds needed to pay all teachers and janitors of said schools. All warrants for salaries of said teachers and janitors shall be signed by the Chairman of the Board of Education, and the funds for same shall be paid at the general office of the city by its treasurer. In submitting its budget the

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Board of Education shall show comparatively the expenses of the previous year's salaries with those amounts asked for, for the current year. The Board of Education shall submit to the Mayor and Council a list of all nonresident pupils and their grade as soon as possible after school starts in the fall and also a list of all high school pupils, and after the Mayor and Council have fixed the amount to be paid by each pupil the clerk of the Board of Education shall collect the fees so fixed and turn the same into the treasury of the city. The Board of Education shall give preference to resident pupils of Marietta over non-resident pupils in allotting seats in the several different grades and rooms. No non-resident pupil shall be considered enrolled for the term until ten days after the term for which they desire enrollment has begun, and no further resident applicants have applied for enrollment during these ten days. The Board of Education shall perform such other duties as is necessary to the best interest of the schools and the education of the children of Marietta and such duties as may be required of them by the Mayor and Council. Board of education; election and terms. Duties and powers of board. Sec. 19. That after the passage and ratification of this Act by the qualified voters of Marietta all the authority now vested in the Board of Lights and Waterworks shall be vested in the Mayor and Council and City Manager. All contracts made by said Board shall be carried out by said Mayor and Council and said Mayor and Council shall operate said properties to the best advantage of the City of Marietta. Lights and waterworks. Article 3. Sec. 20. That the Mayor and Council are empowered, in addition to the tax herein authorized by Section 21, to be levied and collected for support of schools, to assess, levy and collect annually taxes on all property, subjects and objects, real and personal, within the City of Marietta, which are lawfully subject to taxation, in such rate and amount as may be necessary to produce funds sufficient to maintain the city government and operate all departments thereof, basing the

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rate of taxation to be levied on the annual budget submitted by the City Manager after the same has been approved by the Mayor and Council, provided, the amount to be so collected does not exceed by ten (10) per cent. the amount so collected the previous year. Should the amount necessary to be collected as called for by said budget as approved exceed the collection of the preceding year by more than ten (10) per cent., the levy and collection of such excess amount over said ten (10) per cent. increase shall be submitted, without the voters petition, to a vote of the qualified voters within ten (10) days from said approval by the Mayor and Council, and if such additional tax in excess of said ten (10) per cent. increase be ratified by the vote of a majority of those voting at an electin held for that purpose under the rules and regulations for holding elections in said city, then said additional tax shall be levied and collected. Taxes for general purposes. Rate. Sec. 21. That the Mayor and Council are empowered in addition to the tax herein authorized by Section 20, to be levied and collected for general purposes, to assess, levy and collect annually taxes on all property, subjects and objects, real and personal, within the City of Marietta which are lawfully subject to taxation, in such rate and amount as may be necessary to produce funds sufficient to maintain the city schools and operate all departments thereof, basing the rate of taxation to be levied on the annual budget submitted by the Board of Education after the same has been approved by the Mayor and Council; provided, the amount to be so collected does not exceed by ten (10) per cent. the amount so collected the previous year. Should the amount necessary to be collected as called for by said budget as approved, exceed the collection of preceding year by more than ten (10) per cent., the levy and collection of such excess amount over said ten (10) per cent. increase shall be submitted, without the voters petition to a vote of the qualified voters within ten (10) days

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from said approval by the Mayor and Council and if such additional tax in excess of said ten (10) per cent. increase be ratified by the vote of a majority of those voting at an election held for that purpose under the rules and regulations for holding elections in said city, then said additional tax shall be levied and collected. School-tax. Rate. Submission to popular vote. Sec. 22. That the Mayor and Council can, in their discretion, in addition to all other taxes herein authorized, assess, levy and collect special taxes to provide for any emergency, provided said emergency tax shall be first submitted to the qualified voters, without a petition from same, within ten (10) days from such assessment by the Mayor and Council, and if such emergency tax be ratified by a majority of those voting at an election held for that purpose under the rules and regulations of holding elections in said city. then said emergency tax shall be assessed, levied and collected. Special taxes. Sec. 23. That the Mayor and Council shall have power and authority to fix all business licenses or taxes and to collect same as other taxes are collected, or by fine in Mayor's Court of party, corporation or company for doing business without a license. Business licenses. They shall have power to fix occupation taxes on all businesses established in a store or business house and paying ad valorem tax, provided same is based on and classified by the amount of business any particular merchant, store or bank did during the preceding year, or classified on the value of the stock of goods offered for sale, and the classification of each such business shall be done by the tax assessors, as provided for by ordinance, and any person, company or corporation can arbitrate the amount fixed as other taxes are arbitrated. Occupation taxes. The Mayor and Council shall have power to fix all special business license on peddlers and any business using the streets of said city, such as auto hack, drays, itinerant merchants, traveling vendors of patent medicines

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or other articles sold or offered to be sold by non-residents. Licenses. Business license can be paid quarterly on dates fixed by Mayor and Council. Business license shall not be transferred. Payment; no transfer. Sec. 24. That the Mayor and Council are empowered to cause all property in said city subject to taxation, real and personal, to be assessed at its market cash value for purposes of taxation, and to that end are authorized by such ordinances or regulations as may be deemed expedient to provide for the appointment of tax assessors, to prescribe the duties thereof, the method and form of such assessments, and the making and filing of returns, and to fix penalties for failure of any inhabitants or taxpayers to comply with the provisions of any such ordinances or regulations. Assessment of property for taxation. Sec. 25. That the Mayor and Council shall have power and authority to fix all electric current rates, water rates, and any and all charges made by any public service owned and operated for and by said City of Marietta. Publicutility rates. Sec. 26. That the Mayor and Council shall have power to assess, levy and collect a tax not to exceed $3.00 per annum upon each and every city lot occupied by a resident, and a tax not to exceed $5.00 per annum upon each store or other place of business in said city. A lot with more than one house and not having a frontage on any street in excess of 20 feet shall be assessed as one house and lot. Vacant lots shall not be assessed. Provided, that said city establishes a city garbage collection system and operates it at all times for the collection of all refuse and garbage from all lots so taxed for sanitary purpose, which said city is authorized to do by ordinance. The funds arising from this tax must be used for the purpose of city sanitation and for no other purpose. The sanitary department, when established, shall be in charge of the City Manager. Sanitary taxes.

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Sec. 27. That the Mayor and Council shall collect a commutation tax for street duty on all male citizens between the age of twenty-one (21) and fifty (50) years who are not exempt from said duty by the laws of Georgia, in such amount as they deem proper, provided said amount does not exceed $2.50 per annum. Said tax may be collected by fine in Mayor's Court or execution issued and collected as for other taxes. Commutation tax. Sec. 28. That the Mayor and Council shall have power to fix the time for the payment of all taxes, either general or special, and business licenses, and when they shall become delinquent to fix penalties, interest and cost on delinquent taxes within the laws applicable to State and county taxes; and to provide for the issuance of execution and the advertisement and sale of property upon which delinquent taxes may be due. The Mayor and Council shall have power, by ordinance, to enforce the collection of delinquent city taxes by all the means provided for the collection of delinquent State and county taxes, and by all the means that may be provided by ordinance by the Mayor and Council, including every act and power necessary to be performed and exercised for the purpose of collecting taxes, which acts and powers are hereby declared to be within the power of adoption of the Mayor and Council. The recitals in a deed under such tax sale shall be evidence of the facts recited. For the purpose of collecting delinquent taxes the chief of police appointed by the City Manager shall be city marshal. All the taxes provided in Sections 20, 21, 22 and 27 must be fully paid before the name of any voter shall be allowed by registration to be put on the list of qualified voters of said City of Marietta. Collection of taxes. Sec. 29. That upon receipt of the budget estimates the Mayor and Council shall prepare an appropriation ordinance in such form as may be prescribed by ordinance or resolution, using the City Manager's and Board of Education estimate as a basis. Provisions

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shall be made for public hearings upon the proposed appropriation ordinance before the Mayor and Council sitting as a Committee of the Whole. Following the public hearings and before the final passage the appropriation ordinance shall be published in a newspaper of general circulation in the city with a parallel comparison with the estimates of the City Manager and Board of Education. The Mayor and Council shall not pass the appropriation ordinance until ten days after its publication. The appropriation ordinance shall be published in the manner provided for other ordinances. Budget and appropriations. Sec. 30. That before the annual appropriation ordinance has been passed the Mayor and Council, upon the recommendation in writing of the City Manager and Board of Education, may make appropriations for current department expenses, chargeable to the appropriations of the year when passed to an amount sufficient to cover necessary expenses of the various departments until the annual appropriation is in force. No other liabilities shall be incurred by any officer or employee of the city except in accordance with the provisions of the annual appropriation ordinance, or under continuing contracts. Sec. 31. That upon request of the City Manager or Board of Education the Mayor and Council may transfer any part of an unencumbered balance of an appropriation to a purpose or object for which the appropriation for the current year has proved insufficient, or may authorize a transfer to be made between items appropriated to the same office or department. Transfer of balance of appropriation. Sec. 32. That any accruing revenue of the city, not appropriated as hereinbefore provided, and any balances at any time remaining after the purposes of the appropriation shall have been satisfied or abandoned, may from time to time be appropriated by the Mayor and Council to such uses as will not conflict with any uses for which specifically such revenues accrued. Of accruing revenue and balances.

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Sec. 33. That no warrant for the payment of any claims shall be issued by the city, unless such claim shall be evidenced by an itemized account approved by the City Manager or Board of Education, as herein required, and audited and allowed by the Mayor and Council at a regular meeting, and all warrants shall be signed by the Mayor and countersigned by the party acting as city clerk. Warrants for payments. Sec. 34. That the Mayor and Council shall cause an audit of the books of account; all records and transactions of the administration of the affairs of the city; such audit shall be made annually during each fiscal year and shall be made by a certified public accountant. The duty of the certified public accountant shall include the certification of all statements required in Section 40 of this charter; such statements shall include a general balance sheet showing summaries of income and expenditures, and also comparisons, in proper classification, with the last previous audit; such summaries shall be published in some newspaper published in Marietta, one time, within ten (10) days after the completion of such audit. Audit of accounts. Sec. 35. That the Mayor and Council of the City of Marietta are authorized and empowered to call elections by the qualified voters of said city, in accordance with the provisions of the laws of Georgia, at such time or times as said Mayor and Council may designate, to determine whether or not bonds shall be issued by said city in sum or sums not in excess of the amount allowed by the Constitution of the State of Georgia. Bonds may be issued for the purpose of carrying out any and all of the corporate powers herein or hereafter granted to said municipality. Elections for bond issues. The Mayor and Council shall have the power to designate, as they may deem expedient, not in conflict with the general law, the maturity or maturities of such bonds, the rate of interest they are to bear, when and

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where payable, and the form thereof. All bonds shall be signed in the name of the city by the Mayor and countersigned by the clerk under the corporate seal. Said bonds when so issued shall be sold by the Mayor and Council in such a way as may seem most advantageous for said city for not less than par, and the proceeds thereof shall be used by said city for the purpose for which said bonds were issued and for no other purpose. Bonds. The Mayor and Council of said City of Marietta shall be and are hereby authorized and empowered to annually assess, levy and collect, in addition to all other taxes authorized to be levied under this charter, a tax on all the property, both real and personal, in the corporate limits of said city in such sums as they may deem right and proper, necessary for the specific purpose of paying the interest on all bonds now outstanding, or which are issued under the provision of this charter, and also to create a sinking fund sufficient to redeem and pay off all bonds now outstanding, or which are issued under the provision of this charter, at their maturity, and all taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes and moneys belonging to said city and shall be turned over to the Sinking Fund Commission to be used solely for the payment of the interest on all bonds as they may accrue and for the creation and accumulation of a sinking fund for the payment of the principal of all bonds now outstanding against the said city or which are issued under this charter. Tax for bonds. The Sinking Fund Commission shall furnish the Mayor and Council a statement of the amount required each year to pay the interest on outstanding bonds and for deposit in the sinking fund to pay said bonds at maturity. Statement of amount. Sec. 36. That the Mayor and Council shall appoint a City Manager who shall be the chief executive and administrative officer of the city. He shall be chosen

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solely on the basis of his executive and administrative qualifications and need not, when appointed, be an inhabitant of the city or State. The City Manager shall be appointed for an indefinite period and shall be removable at the pleasure of the Mayor and Council. If removed at any time after he has served six months he may demand written charges, and the right to be heard thereon at a public meeting of the Mayor and Council, prior to the date on which his final removal shall take effect but pending and during such hearing the Mayor and Council may suspend him from office; and the action of the Mayor and Council in suspending or removing the Manager shall be final. In case of the absence or disability of the Manager the Mayor and Council shall designate some qualified person to perform the duties of the office. City manager. Removable. Sec. 37. That the City Manager shall be responsible to the Mayor and Council for the proper administration of the affairs of the city placed in his charge and to that end shall make all appointments except as otherwise provided in this Act. Neither the Mayor and Council nor any of its committees or members shall dictate the appointment of any person to office or employment by the City Manager, or in any manner interfere with him or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry the Mayor and Council and its members shall deal with the administrative service solely through the City Manager, and neither the Mayor and Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. Appointments. Administration. The City Manager shall see that the laws and ordinances of the city are enforced; City manager's duties. Appoint all appointive officers or employees of the city and fix their salaries or wages (such appointments

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to be upon merit and fitness alone), and remove all officers and employees appointed by him; Exercise control and supervision over all departments and offices that may be created by the Mayor and Council, and all officers and employees appointed by him; Attend all meetings of the Mayor and Council with a right to take part in the discussion, but having no vote; Recommend, in writing, to the Mayor and Council such measures as he may deem necessary or expedient; Keep the Mayor and Council fully advised as to the financial condition and needs of the city, and Perform such other duties as may be prescribed by this charter, or be required of him by ordinance or resolution of the Mayor and Council. Sec. 38. That the Mayor and Council, by ordinance, shall create and consolidate such offices under supervision of City Manager and may divide the administration of the city's affairs into such departments under supervision of the City Manager as they may deem advisable, and may discontinue any such office or department at their discretion, except department of finance, which shall include city clerk, and the office of City Manager. Offices and departments. Sec. 39. That the Mayor and Council shall at all times have a Department of Finance under the control and supervision of the City Manager. The City Manager shall appoint a city clerk to act as treasurer and head of such department. The city clerk shall attend the meetings of Mayor and Council and Board of Education and keep all minutes of same; also attend the Mayor's Court and keep all records of the findings of same. Department of finance. City clerk. Sec. 40. That an accounting procedure shall be devised and maintained for the city by the city clerk, adequate to record in detail all transactions affecting the

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acquisition, custodianship and disposition of values, including cash receipts, credit transactions and disbursements; and the recorded facts shall be presented periodically to officials and to the public in such summaries and analytical schedules in detailed support thereof as shall be necessary to show the full effect of such transactions for each fiscal year, upon the finances of the city and in relation to each department of the city government, including district summaries and schedules for each public utility owned and operated. Accounting. Sec. 41. That the City Manager shall give an official bond in the sum of not less than five thousand ($5,000.00) dollars, and the person or persons exercising the duties of city clerk and treasurer shall give official bonds in such sums as may be prescribed by the Mayor and Council from time to time. Such bonds shall be payable to the City of Marietta and shall, in each instance, be conditioned for the faithful discharge of the duties of such respective officers, and for the faithful accounting for all moneys, credits and things of value coming into the hands of such respective officers. Such bonds shall be procured from some regularly accredited surety company, authorized to do business under the laws of the State of Georgia, and the premiums to such surety company shall be paid by the City of Marietta. Bonds of city manager and other officers. The City Manager shall have the right to require official bonds from other appointive officers of the city in such amounts and conditions as he may deem best for the efficiency of the public service. All official bonds shall be approved by the Mayor and Council and filed and recorded with the person exercising the duties of city clerk. Sec. 42. That no contract shall ever be made which binds the city to pay for personal services to be rendered for any stated period of time, but all appointive

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officers and employees shall be subject to peremptory discharge as herein provided. Discharge of employees. Sec. 43. That City Manager shall appoint three citizens who are freeholders of said city as tax assessors whose duties shall be to assess all property, both real and peronal, for taxes required of them to be assessed by the Mayor and Council in accordance with such ordinances and regulations as may be adopted by said Mayor and Council. Tax assessors. When the work of the assessors is completed their books shall be turned over to the Department of Finance, which shall cause an advertisement to be placed in all local papers notifying all taxpayers to make their complaint, if they have any, within ten (10) days to the office of the Department of Finance. Notice. If the taxpayer does not object to the valuation put upon his property by said assessors, such valuation shall be held to be the true valuation. If he is dissatisfied with such valuation he shall give notice within five days to the clerk, and also immediately select one freeholder of said city and give his name to the clerk. The department of finance shall then elect another freeholder of said city, and the two selected shall choose a third, and the three shall arbitrate and settle the matter in issue. They shall first subscribe an oath to do justice between the parties at variance, touching the true assessment of the property in issue. Valuation. Arbitration. Oaths of Officials. Sec. 44. That every officer of the city shall, before entering upon the duties of his office, take and subscribe to the oath prescribed by law of the State of Georgia for county officials. Oaths of office. Sec. 45. That within the time fixed by the Mayor and Council each fiscal year the City Manager shall prepare and submit to the Mayor and Council a budget estimate of the expenditures and revenues of the city

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departments and division for the ensuing year. This estimate shall be compiled from detailed information, obtained from the several departments and divisions. The classification of the estimate shall be as nearly uniform as possible for the main functional divisions of such departments and divisions and shall give in parallel columns the following information: Budget of expenditures and revenues. A detailed estimate of the expenses of conducting each department or division. Expenditures for corresponding items for the last fiscal year. The value of supplies and material on hand at the date of the preparation of the estimate. Increase or decrease of requests compared with corresponding appropriation for the current year, with reasons for such increases or decreases. A statement from the department of finance of the total probable income of the city from taxes for the period covered by the estimate. An itemization of anticipating revenues from other sources. Such other information as may be required by the Mayor and Council. Article 5. Sec. 46. That the City of Marietta shall have power: Powers of city specified. (a) To acquire property, within or without the city, in fee simple or lesser interest or estate, by purchase, gift, devise, appropriation, lease or leases with privilege to purchase for any municipal purpose, and may sell, lease, hold, manage, and control such property as specified and provided for; (b) To furnish all local public services, as herein specified and provided for;

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(c) To grant local public utility franchises and regulate the exercise thereof; (d) To assess, levy and collect taxes for general and special purposes on all subjects or objects which the city may lawfully tax; (e) To borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city; (f) To appropriate the money of the city for all lawful purposes; (g) To create, provide for, construct, regulate and maintain all things in the nature of public works and improvements; (h) To levy and collect assessments for local improvements on property benefited thereby; (i) To maintain a system of public schools; (j) To license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade; (k) To define, prohibit, abate, suppress and prevent within the city, and for a distance of five thousand (5,000) feet outside its limits, all nuisances and causes thereof and all things detrimental to the health, morals, safety, convenience and welfare of its inhabitants; (l) To make all needful regulations applicable within and without the city, for securing and preserving the purity of its water supply; (m) To provide for such inspection service within and without the city as may be necessary to insure the purity and wholesomeness of food products sold within the city; (n) To do all things necessary or desirable to secure and promote the public health; (o) To regulate the construction, reconstruction, material, location, height, maintenance and occupancy of buildings;

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(p) To regulate and cntrol the use, for whatever purpose, of the streets and other public places of the city; (q) To create, establish, organize and abolish departments and offices, and fix the salaries and compensation of all officers and employees; (r) To make and enforce local police, sanitary and other similar regulations; (s) To pass such ordinances as may be expedient for maintaining and promoting the peace, safety, good government and welfare of the city and for the performance of the functions thereof; (t) To exercise, in addition to the powers enumerated in this section, all powers that now are, or hereafter may be, granted to municipalities by the Constitution or laws of the State of Georgia; and all the powers of the city, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by ordinance or resolution of the Council. Further powers. Sec. 47. That said city shall have the right of eminent domain and the power to appropriate private property for public purposes whenever the governing authority shall deem it necessary; and to take any private property, within or without the city limits, for any of the following purposes, to-wit: City halls, police stations, jails, calaboose, fire stations and fire alarm systems, streets, alleys, parks, highways, playgrounds, sewer systems, storm sewers, sewage disposal plants, filtering beds and emptying grounds for sewer systems, drainage, water supply sources, wells, water and electric light systems, gas plants or gas systems, cemeteries, crematories, prison farms, pest houses, and to acquire lands, within or without the city, for any other municipal purpose that may be deemed advisable. That the power herein granted for the purpose of acquiring private property shall include the power of improvement and enlargement of water works, including water supply, riparian lights,

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standpipes, water sheds, and the construction of supply reservoirs. That in all cases wherein the city exercises the power of eminent domain, it shall be controlled by the law of Georgia in regard to condemnation of property. Eminent domain. Purposes of acquiring property. Sec. 48. That said city shall have the power to buy, own or construct, and to maintain and operate, within or without the city limits, city halls, police stations, jails, calaboose, fire stations and fire alarm systems, streets, alleys, parks, highways, playgrounds, sewer systems, storm sewers, sewage disposal plants, filtering beds and emptying grounds for sewer systems, drainage, water supply sources, wells, water and electric light systems, gas plants or gas systems, cemeteries, crematories, prison farms, pest houses, or any other public service or utility necessary or proper for the health, safety, comfort or general welfare and benefit of said city and its inhabitants, and to demand and receive compensation for services furnished by the city for private purposes or otherwise; and to have the power to regulate by ordinance and collection of compensation for such services. That said city shall have the power to acquire by lease, purchase or condemnation, the property of any person, firm or corporation now or hereafter conducting any such business, for the purpose of operating such public utility or utilities, and for the purpose of distributing such service throughout the city, or any portion thereof. Properties. Sec. 49. That should the city determine to acquire any public utility, as herein provided for, by purchase, condemnation or otherwise, as herein provided, said city shall have the power to obtain funds for the purpose of acquiring said public utility and paying the compensation therefor, by issuing bonds, notes, or other evidence of indebtedness, and shall secure the same by fixing a lien upon the property constituting the public utility so acquired, and said security shall apply alone to said property so pledged. Public utilities.

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Sec. 50. That said city shall have the authority to manufacture its own electricity, gas or anything else that may be needed or used by it or the public; to make contracts with any person, firm or corporation for the purchase of gas, water, electricity, or any other commodity or articles used by it or the public, and to sell same to the public as may be determined by the governing authority. Electricity and gas. Sec. 51. That in the event said city shall acquire by purchase, gift, device, deed, condemnation or otherwise, any water works system, electric light system, gas system, or any other public service utility, herein provided for, to operate and maintain for the purpose of serving the inhabitants of said city, the right to operate and maintain such public service utility, so acquired, shall be exclusive. Exclusive right to operate. Sec. 52. That said city shall have the power and authority to grant franchises for the use and occupancy of streets, avenues, alleys, and any and all public grounds belonging to or under the control of the city. No telegraph, telephone, electric light or power, street railway, interurban railway, steam railway, gas company, water works, water systems or any other character of public utility shall be granted any franchise or permitted the use of any street, avenue, alley, highway or grounds of the city without first making application to and obtaining the consent of the governing authorities thereto, expressed by ordinance, and upon paying such compensation as may be prescribed, and upon such conditions as may be provided for by such ordinance, and before such ordinance proposing to make any grant or franchise or privilege to any applicant to use or occupy any street, avenue, alley or any other public ground belonging to or under control of the city, shall become effective, publication of said ordinance, as finally proposed to be passed, shall be made in some newspaper published in the City of Marietta, once a week for three (3) consecutive weeks, which publication shall be made at the

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expense of the applicant desiring said grant and said proposed ordinance shall not be thereafter changed unless again republished as in the first instance, nor shall any such ordinance take effect or become a law or contract or vest any rights in the applicant therefor, until after the same has been submitted without the voters petition, to a vote of the qualified voters, within ten days after said last publication. Should same be ratified by the vote of a majority of those voting at an election held for that purpose, under rules and regulations for holding elections in said city, then said ordinance allowing said grant shall become effective. Franchises in streets, etc. Sec. 53. That the Mayor and Council shall have power to extend the sewerage system to any portion of the city within the corporate limits of said city, provided that two-thirds of the cost of said extension is paid by the owners of the property to which said extension is made. The Mayor and Council shall have power to provide for such sewerage extension by proper ordinance. Sewerage extension. The exercise of this provision shall be optional, however, with said owners and shall in no wise effect the right of the Mayor and Council to extend the sewerage system by the expenditure of funds from the treasury, but where there are no such funds they may comply with this provision at the instance of owners who desire sewerage under this provision. Sec. 54. That any public work or improvement may be executed either by contract, or by direct labor, as may be determined by the Mayor and Council. Before authorizing the direct execution of any work or improvement, detailed plans and estimates thereof shall be submitted to the Mayor and Council by the department which is to execute such work or improvements, and there shall be separate accounting as to each work or improvement so executed. Public work. Sec. 55. That said city shall have the power to control, regulate and remove all obstructions, encroachments

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and encumbrances on any public street, avenue or alley, and to narrow, alter, widen, straighten, vacate, abandon and close same; to provide for sprinkling and cleaning same, and to regulate and control the moving of buildings and structures of any kind and character upon and along the same. Street obstructions, etc. Sec. 56. That said city shall have exclusive control over all city parks, and playgrounds, and to control, regulate and remove all obstructions and prevent all encroachments thereupon; and to provide for raising, grading, filling, terracing, landscape gardening, erecting buildings, providing amusements therein, for establishing walks and paving driveways around, in and through said parks, playgrounds and other public grounds. Parks, etc. Sec. 57. That said city shall have the power to define all nuisances, prohibit the same within the city, and outside the city limits for a distance of five thousand (5,000) feet; to police all parks, grounds, speedways, streets, avenues, and alleys owned by said city, within or without the city limits; to prohibit the pollution of all sources of water supply of said city, and to provide for the protection of water sheds. Nuisances. To provide for the inspection of dairies, cows and dairy herds, slaughter pens and slaughter houses and abattoirs, within or without the city limits, from which meat, milk or butter from same are furnished to the inhabitants of said city, and to provide for the inspection of meat markets, grocery stores, drug stores, confectionaries, fruit stands, ice cream factories, laundries, bottling plants, hotels, restaurants and bakeries, the source, storage and distribution of water, and all other places where food or drinks for human consumption are manufactured, handled, sold or exposed for sale, and to regulate and inspect the character and standard of such articles of food and drink so sold or offered for sale. Inspection of food sources. To provide for the inspection and regulation of the sanitary condition of all premises and vacant lots within

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the city limits; for the removal of garbage, night soil, refuse and insanitary vegetation; to provide for establishing a lien against the property for any expenses incurred by the city in enforcing this provision and further to provide for the making and enforcing of all proper and reasonable regulations, for the health and sanitation of said city and its inhabitants. Sanitation. To provide for a health department and the establishment of rules and regulations protecting the health of the city; the establishment of quarantine station, pest houses and hospital, and to provide for the adoption of necessary quarantine laws, and to protect the inhabitants against contagious and infectious diseases. Health regulations. To provide for a sanitary sewer system and for the maintenance thereof; to require property owners to make connection to such sewers with their premises, and to provide for fixing a lien against any property owner's premises who fails or refuses to make sanitary sewer connections, and to charge the cost against the said owner and make it a personal liability, and to fix penalties for failure to make sanitary sewer connections. Sewers. To require property owners, their agents and lessees, to remove, within a reasonable time, ice, slush, snow and other debris from sidewalks fronting on property owned, occupied or controlled by such owner, agent or lessee, and to require such owner, agent or lessee to remove all low-hanging limbs from trees adjacent to sidewalks in said city. Sidewalks. To prohibit the driving of herds of horses, mules, cattle, hogs, sheep, goats and all herds of domestic animals along or upon the streets, avenues or alleys of said city. Animals. To establish and regulate public pounds, and to regulate, restrain and prohibit the running at large of horses, mules, cattle, sheep, swine, goats, geese, chickens, pigeons, ducks and all other domesticated animals and

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fowls, and to authorize the restraining, impounding and sale of the same for the cost of the proceedings and the penalty incurred, and to order their destruction when they cannot be sold, and to enforce penalties upon the owner thereof for the violation of any ordinances regulating or prohibiting the same, and to tax, regulate, restrain and prohibit the running at large of dogs, and to authorize their destruction, and impose penalties on the owners or keepers thereof. Impounding. To prohibit the inhumane treatment of animals and provide punishment therefor. To prohibit and restrain the flying of kites, firing firearms, firecrackers, rolling of hoops and the use of velocipedes, bicycles and skates, or the use and practice of amusements on the streets or sidewalks and to restrain, regulate and prohibit the ringing of bells, or blowing of horns, bugles and whistles, crying of goods, and all other noises, practices and performances tending to the collection of persons in the streets, or tending, unnecessarily, to interfere with the peace and quietude of the inhabitants of said city; and to suppress and regulate all unnecessary noises. Prohibition of amusements, noises, etc. To license any lawful business, occupation or calling that is susceptible to the control of the police power, and to license, regulate, control or prohibit the erection of signs or billboards. License and regulation. To license, tax and regulate the charges or fares made hawkers, peddlers and pawnbrokers. To license, tax and regulate the charges or fares made by any person, firm or corporation owning, operating or controlling any vehicle operated for the carriage of passengers or freight for hire, on the public streets of the city. Fares. To regulate the operation of railway trains and street cars operated on, along or across the streets, avenues or alleys of said city; to license and control the operation

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of automobiles, motorcycles, taxicabs, busses, cabs and carriages, and all characters of vehicles using the public streets, and to regulate the use and occupancy of te streets by any such vehicles. Railwaytrains, and vehicles. To provide for the regulation and control of plumbers and plumbing works, and to secure efficiency in the same. Plumbers. To provide for the inspection of weights, measures and meters, and fix a standard of such weights, measures and meters, and require conformity to such standards and provide penalties for failure to use or conform to the same, and to provide for inspection fees. Weights and measures. To provide for the issuance of permits for erecting all buildings; for the inspection of the construction of all buildings in respect to proper wiring for electric lights and other electric appliances; piping for gas; flues, chimneys, plumbing and sewer connection, and to enforce proper regulations in regard thereto. Buildings. To provide for the establishment and designation of fire limits; to prescribe the kind and character of structures to be erected therein; to provide for the erection of fireproof buildings within said limits, and for the condemnation of dangerous or dilapidated structures which are calculated to increase the fire hazards. Fire limits, etc. To enact and enforce all ordinances and resolutions necessary to regulate the safety of all office buildings, hotels, apartment houses, rooming houses, hospitals, theaters, store buildings and all public buildings. Safety laws. To require the construction of fire escapes in connection with buildings, and to determine the sufficiency and regulate the safety of all exits and fire escapes provided on buildings of every kind and character. Fireescapes. To restrain and punish vagrants, mendicants, beggars and prostitutes, to regulate, control or prohibit the sale, gift, barter or exchange of cocaine, opium, morphine, and the sale thereof. Vagrants, etc.

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To prohibit and punish keepers and inmates of bawdy, assignation and disorderly houses, and to prevent and suppress such bawdy, assignation and disorderly houses, and to punish such keepers, inmates and owners or agents of such owners of such houses, knowingly permitting such houses to be occupied as such hawdy, assignation or disorderly houses, and to determine such inmates and keepers to be vagrants. Disorderly houses. To provide for establishing and maintaining the fire department of the city. Fire department. To establish and maintain the city police department, prescribe the qualifications and duties of policemen, and regulate their conduct. Police. To provide for the enforcement of all ordinances enacted by it, by a fine not to exceed one hundred ($100.00) dollars, or imprisonment not to exceed fifty (50) days, or both, in the discretion of the Mayor. Punishment. To provide for the commutation of fines imposed, by labor not to exceed fifty (50) days, in a workhouse, on the public streets and public ways of the city; and for the collection of any fine imposed, execution may be enforced, as executions issued in civil cases. Fines and labor. To organize and maintain a city chaingang. Chain-gang. To establish, maintain and regulate the city prison, workhouses and other means of punishment for vagrants, city convicts and disorderly persons; and such hospitals, orphanages and charitable institutions as may be deemed expedient by the governing authority. Regulation. Sec. 58. That the enumeration of powers by this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, the city shall have and may exercise all other powers which under the Constitution of Georgia, it would be competent for this charter specifically to enumerate, it being the intention

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hereof that the powers of the City of Marietta shall extend to all matters of local and municipal government. Statement of powers not exclusive. Article 6. Sec. 59. That all ordinances and resolutions in force at the time of the taking effect of this charter not inconsistent with its provisions, shall continue in force until amended or repealed. Ordinances effective. Sec. 60. That before the provisions of this Act shall become operative, it shall be submitted to a vote of the persons who are qualified to vote for Mayor and Council of the City of Marietta, and the Mayor and Councilmen of said city shall, on September the 22nd, 1920, have an election to be held in said city for the ratification of this Act, under the same rules and regulations that govern elections for Mayor and Council in and for said city, and after first publishing notice of said election once a week for four weeks in any newspaper having a general circulation in said city prior to said election. All persons qualified to vote under the rules and regulations governing elections for Mayor and Council in and for said city shall be entitled to vote in the election herein provided for, and those voting and desiring to vote for the ratification of this Act provided for shall have written or printed on their ballots For New Charter, and those desiring to vote against the ratification thereof shall have written or printed on their ballots Against New Charter. If a majority of those voting at said election shall cast their ballots For New Charter, then this Act upon the results being, by resolution of the Mayor and Council of said city, spread upon the minutes, so declared, shall become immediately operative and of force and effect, but if a majority of said voters should not vote for said new charter, then the same shall be void. This Act referred to popular vote. Sec. 61. That this Act supersedes and repeals all Acts heretofore passed creating a charter for said city, and the Acts amendatory thereof, except that this Act

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shall not in any way affect the Act approved July 28, 1917, creating a system of paving for said city, which Act is set forth on pages 757 to 767, inclusive, of the Acts of 1917. Act of 1917 not affected. Sec. 62. That all laws and parts of laws in conflict with this Act be and are hereby repealed. Approved August 16, 1920. MARIETTA SCHOOL TAX. No. 508. An Act to amend an Act to create a system of public schools for the City of Marietta, in the County of Cobb; to levy a tax and provide a support for same; to create a Board of Education, and define their powers and duties; to authorize a bonded indebtedness for said city, and other purposes, approved December 29, 1890, as amended by an Act approved September 26, 1891, so as to increase the tax levy provided for in Section 2 of said amended Act from fivetwentieths x levy provided for in Section 2 of said amended Act from fivetwentieths of one per cent. to one-half of one per cent. on all taxable property of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That an Act establishing a system of public schools in and for the City of Marietta, approved December 29, 1890, as amended by an Act approved September 26, 1891, be and the same is hereby amended so as to change Section 2 of said amended Act as follows: By striking the words five-twentieths immediately after the word exceed, and immediately preceding the words of one per cent., and inserting therein the words one-half, so that when said section is amended it will read as

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follows: That if said election shall be for public schools and bonds, as provided in Sections 1 and 2 of the original Act the Mayor and Council of the City of Marietta, Georgia, shall levy and collect a tax annually in addition to that now allowed by law not to exceed one-half of one per cent. on all taxable property in said city for the purpose of supporting and maintaining said public schools, and said funds shall not be used for any other purposes. The clerk of the Council shall pay over said funds to the treasurer of the board, less such commissions as said clerk may be entitled to out of said fund. Act of 1891 amended. To be read. School-tax rate. Sec. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act, so far as the same relates to an increase in taxation for the support of public schools of Marietta, shall not take effect until same is ratified by an election to be held in the City of Marietta, which election must be called by the Mayor and Council of said city within thirty days after they receive notice from the Board of Education of said city to order said election, and all persons who are qualified and entitled to vote for Mayor and Council in said city shall be entitled to vote in said election herein provided. All voters who favor such local taxation for public schools shall have written or printed on their ballots For local tax for public schools, and those who oppose shall have written or printed on their ballots Against local tax for public schools, and in case a majority of the votes cast in said election shall be For local tax for public schools, then it shall be the duty of the Mayor and Council of Marietta to annually raise by taxation, in the manner now provided by law, a sum sufficient to carry out the purposes of this Act, provided same shall not exceed one-half of one per cent., on the taxable property of said city. The Mayor and Council shall give public notice of the election once a week for two weeks in any newspaper having a general circulation published in said city. The returns of said

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election shall be made to and the result of same declared by said Mayor and Council of Marietta. Should the requisite majority fail to vote for said increased taxation, then any number of elections may be thereafter held under the provisions of this Act, after due notice as herein provided until said increased taxation receives a majority of the votes cast in said election; provided, no other election may be held sooner than six months after the holding of an election. This Act referred to popular vote. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved August 7, 1920. MAYSVILLE TAX RATE. No. 466. An Act to amend an Act incorporating the Town of Maysville in the Counties of Banks and Jackson, approved August 17, 1909, so as to increase the ad valorem tax on all the property in said town, so as not to exceed one and one-half per cent., thus amending Section 37 of said charter by substituting one and one-half for one where it appears in said charter, and for one and one-quarter where it appears in an amendment approved August 19, 1918, 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 37 of the Act entitled An Act to revise, consolidate and amend the several Acts incorporating the Town of Maysville, in the Counties of Banks and Jackson, to create a new charter and municipal government for said town with additional powers

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and authorities to provide for the continuance of the present school system, embracing all matters growing out of the establishment thereof and etc., approved August 17, 1909, and as amended and approved August 19, 1918, and the same is hereby amended by striking out the words one and one-quarter in said amendment, and substituting in lieu thereof one and one-half, so as Section 37 in said charter, and Section 1 in the amendment, approved August 19, 1918, when amended shall read as follows: Be it further enacted by the authority aforesaid, That for the purpose of raising revenues to defray the ordinary current expenses incident to the support and maintenance of the town government, the said Town Council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, and choses in action, in the corporate limits of said town, not to exceed one and one-half per cent., but when that amount is deemed insufficient, said Town Council shall have the authority to levy an additional tax in the mode and manner provided by the Constitution and laws of the State of Georgia. Act of 1928 amended. To be read. Ad valorem tax rate. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1920. McCAYSVILLE; NEW CHARTER. No. 436. An Act to amend, consolidate and supersede the several Acts incorporating the Town of McCaysville and McCaysville, in the County of Fannin, State of Georgia; to create a new municipal corporation to

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be known as the City of McCaysville; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same, to provide for the issuance of an additional amount of bonds of said City of McCaysville in a sum not to exceed twenty thousand ($20,000) dollars for the purpose of erecting and constructing an addition to the present public school building of said City of McCaysville, and to supply the same with furniture, apparatus, appliances and conveniences; to provide for the payment of said bonds and interest thereon and to provide generally for the issuance and retirement of said bonds as provided by the Laws and Constitution of the State of Georgia; to provide for a system of registration of voters for said City of McCaysville; to provide that all ordinances heretofore adopted by the Mayor and Council of the Town of McCaysville and McCaysville, and which are in force at the time of the passage and approval of the Act, and are not inconsistent with nor repugnant to this Act, and not in conflict with the Constitution of the State of Georgia or of the Constitution of the United States, shall remain in full force and effect, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of McCaysville, located in the County of Fannin, State of Georgia, be and are hereby incorporated under the name and style of City of McCaysville, and said McCaysville is hereby chartered and made a city under the corporate name of the City of McCaysville, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments

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within or without its corporate limits now belonging to said McCaysville shall be and are hereby vested in said City of McCaysville, as created by this Act; and the City of McCaysville 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 Councilmen, such ordinances, by-laws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city, as to said Mayor and Councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the United States. And the said City of McCaysville shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements and hereditaments, and of whatsoever kinds, and within or without the limits of said city and for corporate purposes said City of McCaysville, created by this Act, shall succeed to all rights of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of said McCaysville and its Mayor and Councilmen as a body corporate as heretofore incorporated. Corporate name. General powers. Sec. 2. Be it further enacted, That the corporate limits of said City of McCaysville shall begin at the center of Fighting Town Creek, where State line crosses between the State of Georgia and the State of Tennessee; thence up said creek to the mouth of King Town Branch; thence due south to the original land line between lots of land Nos. 33 and 48 running east and west; thence east with said line to Ocoee Rivcr; thence a northern direction to the top of first little knoll just southeast of railroad bridge; thence a northern direction to the top of first hill southeast of Parristown; thence a northern direction to the original corner on the State line between Georgia and Tennessee;

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thence said State line to the beginning point, at the center of Fighting Town Creek. Territorial limits. Sec. 3. Be it further enacted, That the municipal government of the City of McCaysville shall consist of and be vested in a Mayor and five Councilmen; that the present Mayor and Councilmen of said City of McCaysville, who were elected on the second Saturday in January, 1920, shall continue in office until the tenth day of February, 1921, or until their successors are elected and qualified, and said Mayor and Councilmen shall exercise all the powers and authorities conferred upon the Mayor and Councilmen of the said City of McCaysville, created by this charter, and on the last Saturday in January, 1921, a Mayor and five Councilmen shall be elected, as provided in the next section of this Act. Mayor and council. Sec. 4. Be it further enacted, That in the last Saturday in January, 1921, there shall be elected for said city, by the qualified voters herein, a Mayor and five Councilmen, annually thereafter, on the last Saturday in January, a Mayor and five Councilmen. All elections for Mayor and Councilmen under this charter shall be by general tickets. The term of office of tthe Mayor and Councilmen elected under the provisions of this charter shall be one year, commencing on the tenth day of February next after their election, unless said day shall fall upon Sunday, then and in that event, on the following day, and until their successors are elected, or appointed and qualified. On the tenth day of February, after their election, unless it shall happen on Sunday, then and in that event, on the following day, the Mayor and Councilmen-elect shall meet at the City Hall in said town and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, 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 McCaysville for the ensuing

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term, and that I will faithfully enforce the charter and ordinances of said town to the best of my skill and ability, without fear or favor; so help me God. Should the Mayor or any Councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said Mayor and Councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings, as the business or city may require, to be convened as provided by the city ordinances. In the event that the office of Mayor, or any one or more of the Councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection by the Mayor and Councilmen, in case of vacancies in the Council, and by the Councilmen in case of a vacancy in the office of Mayor, and persons so selected shall be duly qualified to fill such vacancies. Election and term of office. Oath of office. Meetings. Vacancies, how filled. Sec. 5. Be it further enacted, That should the Mayor or any member of the Council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the Council, declared vacant and the vacancy filled as above provided. Vacancy, when declared. Sec. 6. Be it further enacted, That all elections held under this charter, and all elections in which any subject or uestions is submitted to the qualified voters of said City of McCaysville, shall be managed by a justice of the peace, or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein; or by three freeholders, all of whom shall be citizens of said city and own real estate therein; and said managers, before entering on their duties, shall take and subscribe before some justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us

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do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power, so help me God. Said 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 City Hall in said city, and the voting shall be by ballot. The polls shall be opened at 8 o'clock A. M. and close at 6 o'clock P. M. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the Mayor and Councilmen. The Mayor and Councilmen shall determine and provide for the pay of managers and of any Clerks that may be necessary for the holding of the election. Elections. Managers. Oath. Place and time. Sec. 7. Be it further enacted, That the said managers shall certify two lists of voters and two tallysheets and shall place one list of voters and one tallysheet in the ballot boxes with the ballots and seal the same, and shall forthwith deliver the same to the Ordinary of Fannin County, or his Clerk. The other shall be placed in package and sealed and forthwith delivered to the Clerk of said city, who shall safely keep the same and it shall be the duty of the Mayor to call a special meeting of the Mayor and Councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk to deliver said package to the Mayor and Councilmen, who shall open the same and declare the results. If the result of any election held in said city is contested, notice of said contest shall be filed with the Ordinary of Fannin County within three days after said election, and upon the payment in advance by the contestant, or contestants, to said Ordinary, of ten dollars, the said Ordinary shall, within two days after he receive the same, cause a

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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 the 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 the hearing. The contestor shall pay the Sheriff, or his deputy, two dollars in advance for service of notice of contest. Said notice of contest shall set out therein plainly and distinctly the grounds upon which said result of election is contested; contestee may set up any cross grounds of contest. The contest shall be heard at the Courthouse. Said Ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said Ordinary is authorized to issue the usual execution. Certificate. Declaration of result. Contest; notice. Service fee. Sec. 8. Be it further enacted, That the Mayor and Councilmen at their meeting on the tenth day of February, 1921, and annually thereafter, shall elect one of the Councilmen Mayor Pro-Tem., who shall, in the case of absence or disqualification of the Mayor, or for vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of Mayor upon taking the usual oath. Mayor pro tem. Sec. 9. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and shall have resided in said town one month prior to the election at which they offer to vote, and shall have registered as shall be required by registration laws of said city, shall be qualified to vote at any election provided by this charter. Voters qualified. Sec. 10. Be it further enacted, That no person shall be eligible for the office of Mayor or Councilman of

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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, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. Eligibility to office. Sec. 11. Be it further enacted, That at the meeting of the Mayor and Councilmen on the tenth day of February, 1921, and annually thereafter, the Mayor and Councilmen shall elect a city Clerk and Treasurer, Marshal, who may be chief of police, and as many policemen as in the judgment of the Mayor and Councilmen shall be necessary; city attorney and such other officers as the Mayor and Councilmen shall deem necessary in the good government of the city. Each of said officers shall take such oaths, perform such duties and give bonds as the Mayor and Councilmen may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of McCaysville. Said Mayor and Councilmen shall have power and authority to suspend and remove said officers, in their discretion; and it shall be their duty to fix the salaries, or compensation, of said Mayor and Councilmen, and all other officers, agents and employees of said city, which, when once fixed, shall not be increased during the term of office of the said Mayor, Councilmen or officers. All expenditures of Mayor and Councilmen shall be paid out of the city funds by an order drawn by the city clerk, countersigned by the Mayor, or in his absence, by the Mayor Pro-Tem., after the Mayor and Councilmen have allowed and admitted the same. Municipal officers. Oaths and bonds. Removal. Salaries. Payments. Sec. 12. Be it further enacted, That the Mayor and three Councilmen shall constitute a quorum for the transaction of any business before the body, and a majority of the votes cast shall determine questions before them; provided, that every question so determined

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or ordinance passed shall receive no less than three votes. On all questions before the said Council the Mayor or the Mayor Pro-Tem., if he be presiding, shall be entitled to vote only in case of a tie. He shall have the veto power, and may veto any ordinance or resolution of the Councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four Councilmen on a aye or nay vote, duly recorded on the minutes of the town Clerk; but unless he shall file in writing with the Clerk of said city his vote of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, the same shall become a law just as if signed and approved by said Mayor, but he may approve same and the measure go into effect immediately. Quorum of council. Votes. Veto. Sec. 13. Be it further enacted, That the Mayor of said city shall be the chief executive officer of McCaysville. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed and enforced, and that all of the officers of said city shall faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the Mayor and Councilmen. He shall have the power to convene the Council in special, called or extra sessions whenever in his judgment it becomes necessary. Mayor's powers. Sec. 14. Be it further enacted, That the Mayor or in his absence or disqualification the Mayor Pro-Tem,. or in the case of the absence of both the Mayor and Mayor Pro-Tem., any Councilman of the City of McCaysville may hold and preside over a Court in said city, to be called the Police Court, for trial of all offenders against the laws and ordinances of said city as often as necessary. Said Court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used

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as evidence, and punish for contempt. Said Court shall have the power to punish all violations of the charter or ordinances of the City by fine not to exceed one hundred dollars, imprisonment in the city prison or the county jail, having previously arranged with the county officers, not to exceed fifty days, and to work on the streets in the city chaingang, or such other public places as the Mayor or Acting Mayor may direct, not to exceed three months; any one or more of these punishments may be inflicted by the Mayor or Acting Mayor in his discretion and the fines imposed may be collected by execution. Police court. Powers. Sec. 15. Be it further enacted, That the Mayor or Mayor Pro-Tem., in case he shall be presiding, shall have the power in said Police Court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into facts of the case, and commit the offender or offenders to jail or bail them if the offense is bailable by a justice of the peace under the laws of the State, to appear before the Superior Court of Fannin County. Commitment. Sec. 16. Be it further enacted, That the Mayor and Councilmen of said city shall have the power to authorize by ordinance the Marshal or policemen of said city to summons any or all by-standers 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 in arrests. Sec. 17. Be it further enacted, That it shall be lawful for the Marshal or any policeman of said city to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been guilty of violating any ordinance of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can

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be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or in the jail of Fannin County, for a reasonable length of time. The Marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. The Marshal and policemen of this 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 McCaysville; provided, when the arrest is not made within twenty-four hours after the offense is committed, said Marshal and policemen are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the Mayor, Mayor Pro-Tem., or Acting Mayor. The city Marshal or any policeman may take bonds for the appearance of any persons arrested by them, for appearance before the Police Court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the Mayor or Mayor Pro-Tem. Arrests without warrants. Execution of warrants. Appearance bonds. Sec. 18. Be it further enacted, That the Mayor and Councilmen of the City of McCaysville shall have power to organize one or more chaingangs or work gangs, and confine therein persons who have been sentenced by the Police Court of the City of McCaysville, to work upon the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through its proper officers. Workgangs. Sec. 19. Be it further enacted, That the Mayor or Mayor Pro-Tem. when any person or persons are arraigned before the Mayor's or Police Court, charged with a violation of any of the ordinances, resolutions,

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regulations or rules of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, and the accused fail to appear at the time fixed for the trial, the bond may be forfeited by the Mayor or Mayor Pro-Tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two days before the hearing of the said rule nisi. The Mayor, Mayor Pro-Tem. or Acting Mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding, declared forfeited to the City of McCaysville. Bonds for appearance. Sec. 20. Be it further enacted, That any person convicted before the Mayor, or other presiding officer of the Police Court, may enter an appeal from the judgment of said Court to the Board of Councilmen; provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, defendant pays the accrued cost in the case and gives bond to abide the final judgment of the case, which bond must be approved by the Clerk or Marshal. The said Councilmen shall as early thereafter as practicable, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, de novo. They shall have the power, if they find the defendant guilty, to decrease the fine imposed by the Mayor and may increase it in their discretion. Any person convicted by the Councilmen on the appeal shall have right to certiorari to the Superior Court of Fannin County, provided all costs are first paid and bond and security given in double the amount of the fine imposed, if the

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fine is imposed, to answer the final judgment rendered in the case; and provided, further, nothing in this section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to the Superior Court, to file the usual pauper affidavit in lieu of either giving bond and security and the payment of the cost; and provided, further, the applicant failing to give the bond and security may, in the discretion of the Mayor, be placed in the city prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this section shall be constructed to prevent any person convicted of a violation of any ordinance of said city before the Mayor's or Police Court, from certioraring the proceeding directly to the Superior Court in all cases when certiorari will lie from the judgment of the justice of peace in civil actions under the rules of law governing such cases. Appeals. Certiorari. Sec. 21. Be it further enacted, That said Mayor and Councilmen may, at any time after the passage of this Act, elect three intelligent, discreet and upright persons, citizens and qualified voters of said city, owners of real estate therein, tax assessors, whose terms of office shall be one year. Said city tax assessors may at any time be removed from their office by the Mayor and Councilmen for good and sufficient cause, to be judged by Mayor and Councilmen, and all vacancies occurring from any cause may be filled by said Mayor and Councilmen at any time; and it shall be the duty of said tax assessors to assess the value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine tax returns placed before them by the Clerk of said city who shall receive the same, and increase the valuation of personal property thereon when, in their judgment, the value placed thereon by the taxpayer is too small. The Mayor and Councilmen shall have power to prescribe rules for the government of said city tax assessors. Said assessors shall make returns

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of the assessments made by them to said Mayor and Councilmen each year, thirty days before the time for collecting taxes. When said return is made, said Mayor and Councilmen shall appoint a time and place for hearing objections to the assessments, said objections to be heard by said Mayor and Councilmen, of which public notice shall be given as may be prescribed by ordinances, and the Clerk of said city shall give each owner of property whose tax returns of personality has been increased at least five days notice of such hearing, stating therein the amount of such increase. If the property has been given in by an agent, notice to such agent shall be sufficient. If the owner is not a resident of said city and has no agent residing therein, the Mayor and Councilmen shall prescribe by ordinance what notice, if any, shall be given. Said Mayor and Councilmen shall have the power to provide by ordinance for assessing all property, both real and personal, not returned for taxation, and for double-taxing defaulters. The city assessors shall take such oaths and receive such compensation as the Mayor and Councilmen may prescribe. Such city tax assessors shall have the power to require said taxpayers to furnish them with a list of all notes, accounts, mortgages, stocks, bonds, and other securities and investments, when in their opinion their production is necessary for a correct and true assessment. All assessments made by said assessors of real estate, shall become final if no objection is made on or before the time set for hearing objections by the said Mayor and Councilmen, notice, such as the Mayor and Councilmen may, by ordinance, prescribe, having been given of such hearing; and if objections are made at the said hearing to any assessment, the decision of said Mayor and Councilmen, on the hearing of subjects, may increase or decrease the assessment as made by the assessor. Tax assessors. Returns. Objections. Notice and hearing.

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Sec. 22. Be it further enacted, That in case any property which is subject to taxation was not assessed, if realty, by the assessors, or returned for taxation, if personalty, or for any reason has not been assessed for taxation and taxes collected in any past year the city tax assessors may at any time assess said property for said year or years, and double tax it if there has been a failure to return it as required by law, and if the Mayor and Councilmen have provided for double-taxing of defaulters, an execution shall then issue therefor, as in other cases, at the rate for the several years in which no taxes were paid. This section shall apply to the assessment of property which before the passage of this Act in any year was not assessed for taxation, or was not returned for taxation and taxes collected thereon, as well as to property which in future may be omitted from any cause from return or assessment, and the collection of taxes thereon omitted in any year. The Mayor and Councilmen may provide by ordinance for notice to parties whose property has been, or may be, assessed for back taxes, and the hearing of any complaint. All assessments referred to in this section shall be made by the city tax assessors. Unreturned property. Double tax. Sec. 23. Be it further enacted, That the Mayor and Councilmen shall have the right and authority to provide by ordinance when the taxes of said city shall fall due, and in what length of time said taxes may be paid when tax execution shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and fix a penalty for the non-payment of taxes when due. Tax payments. Sec. 24. Be it further enacted, That the Mayor and Councilmen of said city shall have the right and power to provide for and regulate the curbs and gutters that empty into streets or sidewalks in said city; to regulate (except as such power may be restricted by any existing general laws) the use of the streets, sidewalks and public grounds for signs, sign posts, awning,

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telegraph, telephone poles, horse troughs, racks and for carrying banners, hand bills and advertising; to regulate the carrying of banners, hand bills and placards on the streets and sidewalks and public places of said city and where said poles have become a nuisance and interfere with traffic or travel on the streets, avenues, alleys or other public places of the city. Also to compel any telegraph, telephone company having previously erected poles and wires in said city, to remove same to any reasonable location designated by the Mayor and Councilmen, and in case said telephone and telegraph company shall fail to remove same within thirty days after having been duly notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal by execution. Regulation of things on streets. Sec. 25. Be it further enacted, That the Mayor and Councilmen of said city of McCaysville shall have full power and authority to require railroad, or railroads running through said ctiy, or any portion of it, to make and repair such crossings on their several roads whenever and in such manner said Mayor and Councilmen may deem necessary; to place or repair such crossing, or open up and keep open any and all streets in said city; and the Mayor and Councilmen may pass any ordinance needful for carrying out the provisions of this section; and in case railroads as aforesaid shall fail or refuse to make such crossings within five days, or to repair same within twenty-four hours after having been notified to do so by said city, the Mayor and Councilmen shall have power to create and make same across such railroads and repair same at the expense of said railroads, and may issue an execution therefor, and levy and collect the same as provided in the case of tax execution. Railroad crossings. Sec. 26. Be it further enacted, That the Mayor and Councilmen of said city shall have the right and authority to provide for the inspection of steam boilers,

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to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, dynamite or other combustible or explosive substance or material within the limits of said city; and to regulate the use of lights in stables and shops and other places, or building bonfires; to regulate or prevent the sale of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, firing of guns, pistols, anvils and every kind of gaming or hunting within the corporate limits of said city. Explosives. Sec. 27. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to require any person or firm, company or corporation, whether 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, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, vocation or profession annually, and to require said person, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling or profession, such amounts as the Mayor and Councilmen may provide by ordinance. Said Mayor and Councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to pay said taxes, or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who failed to comply in full with all requirements of said ordinance made in reference thereto. Registry and license of vocations. Sec. 28. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to license billiard tables, pool tables, ten-pin alleys, and all tables kept and used for the purpose of playing, gaming or renting, all ten-pin alleys, nin-pin alleys, or

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

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regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals when found upon the street of said town, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under such rules and regulations as may be prescribed by the Mayor and Councilmen. Animals. Impounding. Sec. 32. Be it further enacted, That the Mayor and Councilmen of said city shall have full and complete control of the streets, sidewalks, alleys and squares in said town and shall have power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way change the street lines and sidewalks of this city and when the power and authority granted by this section is exercised by the Mayor and Councilmen, it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by Sections 5206-5235, inclusive, of Volume 1 of the Code of Georgia of 1910, and the Acts amendatory thereof. The Mayor and Councilmen may abandon such proceedings at any time upon payment of accrued cost. The Mayor and Councilmen shall have full power and authority to remove or cause to be removed any building, steps, fence, gate, post or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this Section by appropriate ordinances. Condemnation for streets. Sec. 33. Be it further enacted, That the Mayor and Councilmen of said city shall have full power and authority

Page 1255

in their discretion to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public lanes and alleys of said city. In order to carry into effect the authority above, the said Mayor and Councilmen shall have power and authority to assess and collect the entire cost thereof out of the real estate abutting on the sidewalks so graded, paved, macadamized or otherwise improved. Said Mayor and Councilmen shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side drains, cross drains or otherwise improving the roadway or street or street proper, on the real estate abutting on one side of the street improved and one-third of the cost on the real estate abutting on the other side of the street so improved; the real estate abutting on the street shall not pay more than two-thirds of the entire cost, in the discretion of the Mayor and Councilmen, and any street railroad company or other railroad company having tracks running through or across the streets of said city, shall be required to pave, macadamize or otherwise improve said streets in such proportion as the Mayor and Councilmen may prescribe. Said Mayor and Councilmen shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, for the amount above set forth as may be just and proper, estimating the total cost of each improvement made, pro rating the cost thereof on the real estate according to its frontage on the street, or portion of street so improved, or according to the area or value of said property, either or all, as may be provided and determined by ordinance. That the amount of assessment on each piece of real estate shall be a lien on said real estate from date of the passage of the ordinance providing for the work and making the assessment. The Mayor and Councilmen shall have full power and authority to enforce collection for the amount of any assessment so made for work, either

Page 1256

upon streets or sidewalks, by execution issued by the city Clerk against real estate so assessed, for the amount against the owner at the date of ordinance making such assessment, which execution may be levied by the Marshal of said city on such real estate, and after advertising and other proceedings, as in the case of other sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said Marshal shall have authority to eject occupants and put purchasers in possession; provided, the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be true with all cost, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Fannin County and tried and the issue determined, as in cases of illegality, subject to penalties provided in case of illegality filed for delay. The Mayor and Councilmen shall have authority to pave and contract to pave the whole surface of the street, without giving any railroad company or other property holder or occupant of the street the option of having the space to be paved by them paved by themselves, or by contract at his or its instance, the object being to prevent delay and secure uniformity. The lien for assessment on abutting property and on street railroads or other railroad companies for street or sidewalk, paving, curbing, macadamizing, grading or draining, shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from the passage of the ordinance authorizing the execution of the work in each case. Said Mayor and Councilmen shall have power and authority to prescribe by ordinance such rules as they may, in their discretion, think necessary to grade, pave, drain, macadamize or curb the streets, sidewalks and alleys of said city, to enforce by execution

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the cost thereof against the adjacent property owner and all railroad companies, and to provide how agents and owners thereof shall be served with notice by personal service or publication. Street-improvement assessments. Executions. Levy and sale. Affidavit of illegality. Lien. Sec. 34. Be it further enacted, That the Mayor and Councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system in said city, and around said city, for health and cleanliness and comfort of its inhabitants; and the said Mayor and Councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private waterclosets, privies and the like, in said city with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, with full power also to require changes in or the total discontinuance of any such contrivances or structures already in existence, or that may be hereafter allowed. When any system of sewerage or drainage shall be constructed by said Mayor and Council, or under their direction, assessments may be made and executions may issue from the expense thereof, under the same rules and governed by the same provisions as assessments and execution for paving, grading or improving streets under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the Mayor and Councilmen by appropriate ordinances. Sewers and drains. Regulations. Assessments. Sec. 35. Be it further enacted, That in case any sewer or sewers, or parts of same, shall be located upon

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or through private property and the owners of said property refuse to grant right of way for that purpose, and such owners and the authorities of said city can not agree upon the damages to be paid for such easement, the damage shall be assessed as in cases of property taken for opening, straightening or widening streets under the charter. Upon the payment or tender of the amount of the award the work may proceed, notwithstanding the entering of an appeal. Condemnation of right of way. Sec. 36. Be it further enacted, That said Mayor and Councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Execution of provisions. Sec. 37. Be it further enacted, That for the purpose of preservation of the health of the inhabitants of said city, the Mayor and Councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Sewer extensions. Sec. 38. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to make assessments on the various lots of land and lot owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said Mayor and Councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amounts so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said Mayor and Councilmen

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shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than 25 feet front; and no business lot shall be less than 20 feet front; and provided further, the assessments shall not be made on vacant lots nor residence lots subdivided. Sanitary assessments. Sec. 39. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of said City of McCaysville, 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 including money, notes, bonds and other evidences of debt, money used in banking and every other species of property in said city or owned or held therein, of not exceeding one dollar on the hundred dollars, exclusive of the taxes for public schools as now authorized by law; and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may hereafter issue, by said city authorities and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected. Said Mayor and Councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that said Mayor and Councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually, by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said Mayor and Council so desire. Taxation ad valorem. Rate. Returns of property. Bonded debt. Sec. 40. Be it further enacted, That jurisdiction of the Mayor and Councilmen and the territorial limits of the City of McCaysville are hereby extended for police

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and sanitary purposes, over all the lands that may hereafter be acquired by said city for waterworks, sewer and electric light purposes and waterworks or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person, or persons, violating said ordinances, wherever found, within or without the limits of said city. The Mayor and Councilmen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage or drainage; also, over the territory which may be hereafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and competely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating the same, wherever found, within or without the limits of said city. Extension for police and sanitation. Arrests. Sec. 41. Be it further enacted, That the Mayor and Councilmen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the city for the purpose of establishing and maintaining an electric light plant and waterworks system, or sewerage system, or any of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provisions of Sections 5206-5235, inclusive, of Volume

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1 of the Code of Georgia of 1910, and Acts amendatory thereof. Condemnation of waterrights, land, etc. Sec. 42. Be it further enacted, That said Mayor and Councilmen shall have full and absolute control of all city pipes, sewers, private drains, water-closets and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said Mayor and Councilmen shall have full power and authority to prescribe the kinds of water-closets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the Mayor and Councilmen, or whenever they become a nuisance. They shall also have the power and authority to compel the owner to connect water-closets and urinals on the premises of property owners with the sanitary system of the city, when such property is located on or near streets where there are such sewers and under such rules and regulations as may be prescribed by the Mayor and Councilmen, and said property owners who fail to connect any water-closet or urinals on the premises with the sanitary sewers of said city within the time prescribed by said Mayor and Councilmen, the Mayor and Councilmen may make such connections and assess the cost of said connection and fixtures and collect the same by execution issued by the city Clerk against said real estate, and which execution may be enforced in the manner prescribed in the Act for enforcement of executions in favor of said city. Sanitary regulations. Sec. 43. Be it further enacted, That the Mayor and Councilmen of said city shall divide the real estate of said city into what shall be known as sanitary lots, and shall assess, levy and collect from the owner or owners of each of said lots a tax not exceeding one

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dollar per year from each lot, which shall be known as a sanitary tax, and which shall be in addition to the other taxes authorized in this charter, and which shall be collected as other taxes under this charter are collected, and which shall be used only for the improvement and betterment of the sanitary condition of said city in such manner as they may prescribe. Sanitary assessments. Sec. 44. Be it further enacted, That the Mayor and Councilmen of said city may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the Mayor and Councilmen may provide. It shall be their duty to meet as often as necessary, or as the Mayor and Councilmen may prescribe, and to visit every portion of the city, and to report to the Mayor and Councilmen all nuisances which are likely to endanger the health or the inhabitants thereof; said Mayor and Councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts or negligence caused said nuisance, or the owner of the property upon which same may be located, as the Mayor anl Councilmen may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Board of health. Nuisances; abatements, etc. Sec. 45. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to cause owners of city lots, and cellars, if same should prove a nuisance, or board of health should recommend that said lots or cellars be filled or drained, to cause the owners to fill or drain said lots, or cellars to the level of the streets or alleys upon which said lots or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the Mayor and

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Councilmen may elect, to comply with the requirements of said Mayor and Councilmen, by draining or filling said lots or cellars, it shall be lawful for said Mayor and Councilmen to have this work performed and the amount expended in doing so collected by execution, and the sale under such execution shall pass the title to the property. Nuisances; lots, cellars, etc. Sec. 46. Be it further enacted, That said Mayor and Councilmen may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The Mayor's Court in said city shall have concurrent jurisdiction with the Mayor and Councilmen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances; abatement. Sec. 47. Be it further enacted, That the Marshal and policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the Mayor and Councilmen may have reasonable cause to believe, or may suspect to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said Mayor and Councilmen shall have full power and authority to abate as a nuisance any place in said city when said Mayor and Councilmen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender, or offenders; and upon a conviction of a person for maintaining a nuisance, as above stated, and as punishment for same, said Mayor and Councilmen shall have full power and authority to cause said Marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Intoxicating liquors.

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Sec. 48. Be it further enacted, That said Mayor and Councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of McCaysville, and enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stovepipes and flues shall be constructed, to change all things that they may deem necessary to protect said city as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, stovepipes or flues, or the removal thereof, when in their judgment the same is dangerous or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said Mayor or Councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said Mayor and Councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire regulations. Sec. 49. Be it further enacted, That said Mayor and Councilmen may exercise general supervision over all buildings of every character within said city, and shall have the right and authority to exercise said supervision by passing and enforcing such ordinances as may be appropriate. Buildings. Sec. 50. Be it further enacted, That said Mayor and Councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases,

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and punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city. They shall have the power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians, at the expense of the city, to vaccinate all persons who are unable to procure said vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Diseases. Vaccination. Sec. 51. Be it further enacted, That said Mayor and Councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide places for the burial of the dead, either within or without the city limits, to regulate interments therein, and to expend annually a sufficient sum for keeping cemeteries in proper condition. Places of worship, and cemeteries. Sec. 52. Be it further enacted, That all ordinances heretofore adopted by the Mayor and Councilmen of said City of McCaysville for said city and any which are now in force and which are not inconsistent with nor repugnant to this Act shall remain in full force and effect; provided, that said Mayor and Councilmen of said city may, at any time, repeal, alter or amend any of said ordinances. All ordinances, resolutions, rules and regulations passed by said Mayor and Councilmen shall be recorded in a well-bound book by the Clerk of said city which shall be open to inspection by the public at any and all times, and it shall not be necessary to give any notice to the public of intention to introduce any ordinance, resolution, rule or regulation, either before or after its passage, other than such notice or publication

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as is given by the recording of the same in the book to be kept as aforesaid by the said city Clerk. Ordinances effective. Sec. 53. Be it further enacted, That the Mayor and Councilmen of said city shall have power to grant franchise, easements and rights of way over, in, under and on the public streets, lanes, alleys parks and other property of said city. Franchises and easements. Sec. 54. Be it further enacted, That should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the Mayor or Mayor Pro-Tem. or Acting Mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Escapes, arrest of. Sec. 55. Be it further enacted, That the Mayor and Councilmen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said Mayor and Councilmen, whenever necessary, to examine into the workings of and business of any officer, or conduct of any officer, and said committee, or Mayor and Councilmen conducting said examination, shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Examinations.

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Sec. 56. Be it further enacted, That the Mayor and Councilmen shall have power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fees of officers. Sec. 57. Be it further enacted, That the Mayor and Councilmen shall provide for a city prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. The Mayor and Councilmen may contract with the proper authorities of Fannin County for the use of the common jail of said county for this purpose. Prison. Sec. 58. Be it enacted, That said Mayor and Councilmen shall have full power and authority to suppress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this section. Suppression of lewdness, etc. Sec. 59. Be it further enacted, That the Mayor and Councilmen of said city shall have power upon proper and sufficient proof of ill fame, bawdy-houses, lewd or gaming house or place, to abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property owner or agent who shall rent or suffer the same to remain on the premises, shall, upon conviction before the Mayor, be punished as for a violation of the ordinances of the city. Houses of ill fame. Sec. 60. Be it further enacted, That no person shall be allowed to vote in any election held in said City of McCaysville, for any purpose, who has not been duly registered as hereinafter provided. Voter must register. Sec. 61. Be it further enacted, That it shall be the duty of the Clerk, upon the first Monday in January of each year to open a registration book for the registration

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of all qualified voters of said city. Said book shall be kept open each and every day between the hours of 8 o'clock A. M. and 6 o'clock P. M. (Sundays and legal holidays excepted) until the fourth Monday in January, when it shall be finally and absolutely closed. It shall be the duty of the Clerk, upon application in person, and not by proxy, of any male citizen who is qualified to vote for members of the General Assembly, who had paid all taxes of every character legally imposed, and demanded of by the authority of the city, and who upon the day of election, if then a resident, will have resided in said city for one month prior thereto, to allow such person to register his name and color recording on said book, besides the applicant's name, his age, occupation or business. 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 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 this county six months, and in the City of McCaysville one month next preceding this registration, or that by the date of the next city election, if you are still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the day of the election; that you are twenty-one years old; that you have paid all taxes due the City of McCaysville, and all taxes required by the laws of the State of Georgia, except taxes for this year, and that you have made all returns required of you by the ordinances of this city; so help you God. It shall be the duty of the Clerk to have written or printed the above oath on the front page of said registration book, and to require the applicant for registration to swear to said oath and sign his name thereto or by some one authorized to do so for him. Registration of voters. Oath of voter.

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Sec. 62. Be it further enacted, That it shall be the duty of the Clerk to prepare a list of the names registered, arranged in alphabetical order. It shall be the duty of the Clerk to furnish the managers of the election at or before the opening of the polls on the day of the election with a complete list of all registered voters, arranged in alphabetical order, certified under his official signature. Said lists shall be kept by the managers before them for their inspection during said election and they shall not permit any one to vote whose name does not appear upon said list, and when said election is over it shall be the duty of said managers to return said lists to the city Clerk to be by him safely kept and preserved. For any intermediate or special elections in said city for any purpose, the Clerk shall open said registration book at least thirty days before said intermediate or special election, and close the same five days before the day of said election, and to furnish the lists to the managers of said election as hereinbefore provided. The registration lists of white and colored voters shall be made out separately. Five days notice of the opening of said registration book shall be given by the Clerk by posting same on the door of the City Hall in the City of McCaysville. Lists. Special registration. Sec. 63. Be it further enacted, That all executions in favor of the City of McCaysville for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demand or debt, shall be issued by the Clerk and bear test in the name of the Mayor (except when otherwise provided by this charter), and shall be directed to the Marshal of said city, and all and singular the sheriffs and constables of said State, and shall state for what issued and be made returnable to the Mayor and Councilmen of the City of McCaysville at least within ninety days after the issuing of the same; and it shall be the duty of the Marshal or collecting officer to advertise the sale of such real or personal property as may be levied on by him to

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satisfy said execution, in the same manner respectively as sheriffs sales of real property or constables sales of personal property are required to be made by law. All of said sales to be made at the place and within the usual hours of sale of sheriffs and constables, and to be made under the same rules and regulations as govern sheriffs sales and constables sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sale under executions for State and county taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent. premium thereon. Whenever at any such sales for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all cost, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said city may bid off said property for said city, and the Marshal, or such other officer making the sale, shall make to the City of McCaysville a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and the Marshal, or other officer making the sale shall put the city in possession, and the Mayor and Councilmen of said city shall have no right to divert or alienate the title of the city to any property so purchased, except at a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the City of McCaysville. The city Clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder; said execution shall also be returned to the office of said Clerk after being satisfied. All sales and conveyances made under executions as provided in this

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section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Executions. Levy and sale. Redemption. Title deed. Docket. Sec. 64. Be it further enacted, That said Mayor and Councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances and laws of this State, and the procedure in such trials. Nothing in this secton shall operate to repeal the ordinances of the City of McCaysville now of force prescribing the form of warrants, accusations and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said Mayor and Councilmen. Forms of accusations, etc. Sec. 65. Be it further enacted, That said Mayor and Councilmen of the City of McCaysville shall have power and authority to acquire, on behalf of the City of McCaysville, by gift, purchase, lease or otherwise, grounds suitable for such park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw on the ordinary expense fund of said city for said purpose. Parks. Sec. 66. Be it further enacted, That the Mayor and Councilmen of the City of McCaysville shall have power and authority to adopt and enforce ordinances for said city to protect shade trees and public places in said city and to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others,

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unless same is done with the consent and under the direction of said Mayor and Councilmen, or some officer appointed to direct the same. Trees. Sec. 67. Be it further enacted, That the Mayor and Councilmen of the City of McCaysville may require and compel all male persons between the ages of twenty-one and fifty, subject to road duty under the laws of Georgia, to work upon the streets of said city not to exceed fifteen days in each year, at such time or times as the Mayor and Councilmen may require, or to pay a commutation tax in lieu thereof, not exceeding seven dolars and fifty cents in any one year, as said Mayor and Councilmen may determine by ordinance. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said Mayor and Councilmen may require, shall be deemed guilty of a violation of this section, and on conviction in the Mayor's Court of said city, shall be fined any sum not exceeding fifteen dollars or imprisoned in the city prison or by labor on the chaingang of said city not exceeding twenty days. Said Mayor and Councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this Section. The street commutation tax as now fixed by ordinance shall remain of force until changed by ordinance of the Mayor and Councilmen, and the collection thereof enforced under the provisions of this section. Street work. Commutation tax. Penalty. Sec. 68. Be it further enacted, That the Mayor and Councilmen of the City of McCaysville still have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security, of said city and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling,

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disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said Mayor and Councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said Mayor and Councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to do any and all other Acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations provided said laws, ordinances, rules and regulations are consistent with the laws of this State. General-welfare powers. Sec. 69. Be it further enacted, That said Mayor and Councilmen shall have the power to control and regulate the running and operating of all locomotives, trains, street cars, and all vehicles for transportation of persons and freight; to prevent unnecessary noise from locomotives, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for these purposes and penalties and enforce the same for violation thereof. Regulation of vehicles, etc. Sec. 70. Be it further enacted, That the Mayor and Councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Idling and loitering. Sec. 71. Be it further enacted, That in case the Mayor or any Councilman while in office shall be guilty of malpractice and wilful neglect in office, or abuse of the power conferred on him shall be subject to be impeached by the City Council, and on conviction shall be removed from office. Malpractice in office.

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Sec. 72. Be it further enacted, That it shall be the duty of the Mayor and Councilmen of said city to provide fire protection and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and for providing any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fires. Fire department. Sec. 73. Be it further enacted, That the Mayor and Councilmen of said city shall have power and authority to impose a tax on dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the city Marshal and policemen of said city to kill any dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Dog tax. Sec. 74. Be it further enacted, That nothing contained in this Act shall modify, change, alter or in any manner interfere with the Act of the General Assembly of Georgia establishing a public school system for McCaysville, approved August 20, 1913, and being the same Act of the General Assembly of Georgia, creating the municipal corporation of McCaysville, which Act is hereby expressly confirmed and hereby expressly declared to be and shall continue in full force and effect so far as the same effects and provides for a public school system for said McCaysville, except that wherever the words McCaysville Board of Public Education is to be found in said Act, the same shall be stricken out and the following words inserted in lieu thereof, Board of Education of City of McCaysville, so that hereafter the official title of the Board of Education of said City of McCaysville shall be known and designated as Board of Education of the City of McCaysville, and by amending Section 52 of said Act as follows: By striking out all of said Section 52 and

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inserting in lieu thereof the following which shall be Section 52 of said Act: Public-school system not changed. Official title of board of education. Act of 1913 amended. Sec. 52. Be it further enacted, That the Mayor and Councilmen of the City of McCaysville are hereby authorized and empowered to assess, levy and collect annually a tax in addition to that now allowed by law, not to exceed one dollar on the hundred dollars on all the taxable property of said city and it shall be used solely and exclusively for the purpose of maintaining and operating said public schools for a period of not less than eight nor more than ten scholastic months in each year and providing furniture, apparatus, grounds and building for said schools, this tax shall be collected by the first of September of each year after the same is assessed and levied and turned over to the Board of Education of the City of McCaysville to be used for the purposes aforesaid. New Sec. 52. School-tax. Sec. 75. Be it further enacted, That authority to carry out and enforce and effectuate by ordinances, and to provide a penalty for violation of said ordinances. whenever in their discretion the Mayor and Councilmen may deem it necessary, and all further power is granted to said City of McCaysville, as created by this Act, is hereby expressly conferred on the Mayor and Councilmen of said city now in office and their successors. Penal ordinances. Sec. 76. Be it further enacted, That for the purpose of erecting and constructing an addition to the present public school building of the City of McCaysville, and to supply the same with furniture, apparatus, appliances and conveniences, authority and power is hereby granted to the City of McCaysville to issue bonds of said city in a sum not exceding twenty thousand dollars, the same to be signed by the Mayor of the City of McCaysville, and attested by the clerk of the Council under the corporate seal of said city, and of denominations not less than fifty dollars each, nor more

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than five hundred dollars each, and to bear interest at the rate of not exceeding seven per cent. per annum, payable annually, at such time and place as the Mayor and Councilmen may determine, said bonds to be known as public school bonds of the City of McCaysville, and to become due and payable at such time and place and in such amounts, not exceeding thirty years after the same are issued, as the Mayor and Councilmen may fix and determine. Said bonds shall have coupons attached to them for each installment of interest, which coupon shall be signed by the Mayor of said city and the clerk of the Council, and the principal and interest coupons shall be paid at maturity. Said bonds when so issued by the corporation of the City of McCaysville to be sold, hypothecated or negotiated, in any such manner and in such sums and at such times as may be for the best interest of the city and the object of this Act; and only so much of the same shall be issued, sold, hypothecated or negotiated as the Board of Education of the City of McCaysville may require for the purposes herein specified, and the Mayor and Councilmen may deem proper and necessary. Before issuing said bonds, the question of issuing the same shall be submitted to the qualified voters of the City of McCaysville, on a day to be designated by the Mayor and Councilmen, notice of which shall be published in the newspaper in which the sheriff's advertisements for the County of Fannin are published, for a period of four weeks before the election. No person shall vote at said election who is not qualified to vote for Mayor and Councilmen of th city. All persons favoring the issuing of said bonds shall have written or printed on their ballots For School Bonds and all opposed shall have written or printed on their ballots Against School Bonds, and if two-thirds of the qualified voters of said city shall be for issuing said bonds, and said two-thirds of said qualified voters so voting at said election shall be a majority of the qualified voters of said City

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of McCaysville, the Mayor and Councilmen of said city shall issue said bonds of said city and for the purpose of providing for the payment of interest on said bonds so issued and negotiated, as well as for the principal, and the right to call in or retire said bonds in the manner as above provided for shall be inserted on the face thereof. The proceeds of said bonds when issued, sold, hypothecated or negotiated as hereinbefore provided, shall be delivered to the Board of Education of the City of McCaysville to be applied by said board for the purpose of erecting and constructing an addition to the present public school building of the City of McCaysville, and to supply the same with furniture, apparatus, appliances and conveniences, and for no other purpose shall said proceeds be used. Should the vote be against issuing said bonds, the Mayor and Councilmen are hereby empowered to order other elections upon the same after the lapse of six months between said elections. School-building. Bond issue. Election. Sec. 77. Be it further enacted, That if said election shall be in favor of bonds and the same shall be issued, the Mayor and Council are hereby authorized and empowered and required to assess, levy and collect such taxes annually upon all the taxable property, real and personal, within the corporate limits of said City of McCaysville as will be necessary to carry out the provisions of this section, and the payment of the principal and interest of said bonds, which tax shall be separately assessed, levied and collected for the specified purposes herein designated and shall not be used for any other purpose whatsoever. Bond tax. Sec. 78. Be it further enacted, That the bond issue provided for in the foregoing sections shall be additional and supplemental to the bond issue in the sum of ten thousand dollars provided for in the Act of the General Assembly of Georgia, approved August 20, 1913, it being the purpose and intent of this Act to authorize and

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empower the said City of McCaysville and its municipal authorities to increase its bonded indebtedness from the sum of ten thousand dollars to an additional and supplemental amount not to exceed twenty thousand dollars for the purposes specified and set forth in this Act. Additional to bond issue by act of 1913. Sec. 79. Be it further enacted, That all ordinances heretofore adopted by the Mayor and Councilmen of the Town of McCaysville and McCaysville, and which are now in force and which are not inconsistent with nor repugnant to this Act, and not in conflict with the Constitution of the State of Georgia or the Constitution of the United States, shall remain in full force and effect; provided, that said Mayor and Councilmen of said City of McCaysville may at any time repeal, alter or amend any of said ordinances. Ordinances remaining of force. Sec. 80. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the Town of McCaysville and McCaysville, and all amendments thereto, and conferring powers on same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with pealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Former acts superceded. Approved July 26, 1920. METTER, NEW CHARTER FOR CITY OF. No. 658. An Act to create a new charter for the City of Metter, in the County of Candler, and to reincorporate said city, and define its territorial limits, to continue in operation, confirm and consolidate all Acts heretofore passed incorporating said city and amending charter thereof; to provide for all ordinances, rules,

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regulations and resolutions of said city now in force and not in conflict with this Act, be preserved, continue of force and remain valid and binding until the same are repealed and amended; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and liabilities and qualifications of all officers, and the manner of their election and removal from offisce; to provide for the retention of office for the present officers of said city until the election provided for in this charter is held; to provide for the manner and time of all elections in said city; to provide for the qualifications of all electors and voters therein, and for the registration of the same and the time during which the registration books of said city shall be open; to provide for the Mayor's Court and the trial and punishment therein of all offenders against the laws of said city, and manner of appeal therefrom; to provide for a city chaingang and stockade, and the working of prisoners therein and regulation and management of the same; to provide for a fire department and the officers thereof; to provide for a Board of Health and the officers thereof; to provide for the proper regulation of the water system of said city; to provide for a Light Commission and the members and officers thereof; to authorize the Mayor and Council to maintain and operate a system of water works and sewers; to authorize said city to borrow money, to hold elections for issuance of bonds for said purpose and other improvements, and other evidences of debt for like purposes; to provide for parks and create a commission therefor; to regulate cemeteries, to grant and regulate franchises and to provide for streets, avenues, lanes and alleys, sidewalks, crossings, and for the laying out, operating, grading, working and paving and curbing the same; to provide for the opening up of all streets, avenues and squares, and the assessment of the abutting property owners for such improvements;

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to provide for a division of the expenses of such laying out, opening, paving and curbing of said streets, alleys, crossings, avenues, sidewalks and squares between abutting property owners and the city, and to provide a levy of taxes therefor; and the creation of liens against the property affected by such improvements; to provide for the proper condemnation of property for public use; to create and maintain a Chamber of Commerce; to provide for the assessment, levy and collection of an ad valorem tax on all property, real and personal, for general purposes, and for paying the principal and interest on the bonded indebtedness of said city, and providing the manner in which the money shall be raised and applied; to authorize the assessment and collection of a tax for street work and improvement; to provide for the taxation and license of all kinds of trade, business, professions, shows, exhibitions and entertainments in said city; to grant encroachments on the streets; to force the connection of all closets and sanitary sewers, and to provide a penalty for failure to do so; to regulate the manner in which the city shall do such work and hold and enforce a lien against the owners of property for such work; to provide for a general policing and all police laws and the general welfare of the citizens and inhabitants of said corporation; to provide for all matters and things necessary and proper or incident to a municipal corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act the government of the said City of Metter shall be vested in a Mayor and five Councilmen. The present Mayor and Council of said City of Metter shall continue in office until the first day of January, 1921, and until their successors are elected and qualified, and they and their successors and associates shall

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have perpetual succession, with power and authority to contract and be contracted with, to sue and be sued, to plead and be impleaded, to have and use a common seal; shall be able in law or equity to purchase, have, hold and enjoy, receive, possess and retain to them and their successors in office for the use and benefit of the City of Metter, in perpetuity or for any term of years any estate or estates, real or personal, of every kind and nature, within or without the corporate limits, for corporate purposes, to have and hold all property now belonging to the city, either in its own name or the name of others, to the use of said city for the purpose and intents for which the same was given, granted, dedicated or purchased; to use, manage and improve, sell, convey, rent or lease the same; and shall have like powers over the property hereinafter required, and shall succeed to all the rights and liabilities of the present corporation. They shall have power to borrow money and give evidence of indebtedness for the same; to use bonds from time to time, and to do and perform all and every act and acts necessary or incidental to the raising of funds for the legitimate uses of said city. They shall have the right, power and authority to govern themselves by such rules, laws, by-laws, regulations, ordinances, or other orders as they may deem proper, not in conflict with this charter or the Constitution and laws of this State or the United States. Government. Succession and general powers. Sec. 2. Be it further enacted, That the corporate limits of the said municipality shall extend for 1,320 yards in every direction from the center of the Central of Georgia Railway depot as now located in Metter, Georgia. Territory. Sec. 3. Be it further enacted, That there shall be held on the second Tuesday in December, 1920, an election, at which election a Mayor and five Councilmen shall be elected. The term of office of the Mayor, who shall be elected at said election, shall be for two years from the first day of January, 1921, and the two Councilmen

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who receive the highest number of votes at said election shall hold office for the term of two years from the first day of January, 1921, and the remaining three Councilmen elected, shall hold office for a period of one year from the first day of January, 1921. In case of a tie for Councilmen they shall determine by lot which shall hold for two years and which for one year. Election and terms of mayor and council. On the second Tuesday in December, 1921, an election shall be held, at which election three Councilmen shall be elected to hold office for the term of two years, and thereafter there shall be held annually on the second Tuesday in December of each year an election, at which election there shall be elected officers to fill the terms expiring on the first day of January thereafter; all officers shall hold their office until their successors are elected and qualified. On the first day of January, 1921, or as soon thereafter as practicable, the Mayor and Council-elect shall meet at the usual place for holding Council meetings in said City of Metter, or at any other place named by them, and shall there severally take before some officer authorized to administer oaths by law, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as Mayor (or as Councilman, as the case may be) of the City of Metter for the ensuing term, and that I will faithfully enforce the charter and ordinances of said City of Metter to the best of my ability, without fear or favor, and will in all my actions as Mayor (or Councilman) act as I believe for the best interest of said city, so help me God. Oath of office. Should the Mayor or any Councilman be absent from said meeting, he or they may take said oath of office as soon thereafter as possible. The Mayor and Council may provide by ordinance for regular meetings, not fewer than one in each month, and shall hold such special meetings as the business

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of said city may require, to be convened as provided by ordinance. Meetings. Sec. 4. Be it further enacted, That no person shall be eligible to office of Mayor or Council of said city unless he shall have resided in said city not less than one year immediately preceding his election, and shall be a qualified voter in the municipal elections for officers of said City of Metter. Eligibility. Sec. 5. Be it further enacted, That all persons qualified to vote for members of the General Assembly in this State, and who shall have paid all taxes due the State and county, and all taxes, fines and monies of every nature legally imposed and demanded by the authorities of said city, and who shall have resided in said city three months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws and orders of said city, shall be qualified to vote at any election held under the provisions of this charter. Voters qualified. Sec. 6. Be it further enacted, That it shall be the duty of the clerk of Council to keep a book to be known as the permanent registration book of the electors of said city, and the electors of said city shall sign said book upon taking an oath contained therein which shall be substantially as follows: I do solemnly swear that I am a legally registered voter of Candler County, upon the permanent qualification book of the county, and I do further swear that I have resided within the limits of the City of Metter for the three months last passed, and that I have paid all taxes legally imposed upon and required of me by the authority of the City of Metter, so help me God. Registration and oath of voter. Sec. 7. Be it further enacted, That the city clerk shall keep said permanent registration book open daily during such reasonable hours as may be prescribed by the Mayor and Council, to enable the electors of said city to register therein, and no person registering therein

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shall be required to again register as a qualified voter of said city, so long as he remains a resident of said city and does not disqualify himself by non-payment of taxes or otherwise. It being the purpose of this Act to provide a permanent system of registration for said city, provided that all qualified electors whose names now appear upon the voters book of said city need not again register. Opening of registration. Sec. 8. Be it further enacted, That whenever any general or special election is to be held in said city, it shall be the duty of the clerk to close said registration book ten days before said election and turn over same to the Mayor who shall, with the advise and consent of the Council, appoint a board of three registrars whose duty it shall be to make from said book a list of voters for such election, and in making said list, the registrars shall exclude the names of all persons on the registration lists who registered less than ten days before said election as well as those who have died, removed from the city limits, or who have disqualified themselves in any way as legal voters. The list of voters so made up by the registrars shall be furnished to the managers of the election, and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrars that his name was omitted therefrom by accident or mistake. Closing or registration. The council shall provide a reasonable compensation for the work done by the registrars. Sec. 9. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Metter, shall be managed by a Justice of the Peace or some other judicial officer, and two freeholders who are citizens of said City of Metter, owning realty therein, provided that in the absence of the Justice of the Peace or other judicial officer three

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freeholders shall be qualified to act as managers. Each of said managers before entering upon his duties shall take or subscribe before some officer authorized to administer oaths the following oath: Each of us do swear that we will faithfully and impartially conduct this election according to law, and will prevent all illegal voting to the best of our skill and knowledge, and make true returns thereof, so help me God. Election managers. Oath. Said managers shall keep, or cause to be kept, two lists of voters at said election, and two tally sheets. All elections shall be held in the city hall or other convenient place designated by the Mayor and Council, and the voting shall be by ballot. The polls shall be opened at 8 o'clock a. m. and closed at three o'clock p. m., standard or central time. The persons receiving the highest number of votes for the respective offices, shall be elected. The managers for said election held under the provisions of this charter shal be named and appointed by the Mayor and Council, prior to the election, and the Mayor and Council shall determine and provide for the pay of the managers. Said managers shall make returns of the elections to the clerk of the Mayor and Council and deliver all election papers and ballots to him, who shall destroy them in 30 days after such election, if no contest or contests be filed. Duties of managers. Sec. 10. Be it further enacted, That in the event any one desires to contest any election in said city, said contest shall be conducted under the rules and regulations now prescribed by law, and it shall be the duty of the city clerk of the Mayor and Council to produce the ballot box and deliver to the Justice of the Peace or other officer who shall be selected to take evidence in said case, or before some officer who may be designated by law to take testimony in the contest. The said clerk shall produce said box and said contents at the time and place fixed for taking testimony in said contest, and whenever he may be required to produce said box and its contents on account of said contested election, he

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shall be allowed five dollars for his services, to be paid out of the treasury of said city. Contest of election. Sec. 11. Be it further enacted, That, in the event any contest for any of the said offices is instituted, that the certificate of said election shall not be delivered by the managers of said election until the contest is heard and determined as now required by law in such cases made and provided. And it shall be the duty of the officers in commission at the time said election is held to continue to discharge the duties of their offices until said contest is heard and determined. If the election managers should violate any of the provisions of this Act they shall jointly and severally be guilty of a misdemeanor, and upon conviction be punished as provided in the Penal Code of the State of Georgia. Certificate withheld. Penalty. Sec. 12. Be it further enacted, That the sickness, absence, or disqualification of the Mayor, the Mayor pro tem., or in the event of his sickness, absence or disqualification any one of the Councilmen chosen by the Council shall be clothed with all the rights, powers and privileges of the Mayor, and shall perform the duties of the Mayor. Mayor's absence, etc. Sec. 13. Be it further enacted, That the Mayor, or Mayor pro tem., and three (3) members of Council shall constitute a quorum for the transaction of any business before the Council, and the majority of the votes cast shall determine all questions and elections before the Council. On all questions before the City Council, the Mayor, or Mayor pro tem., if he be presiding, shall be entitled to vote only in case of a tie. All elections for officers by the Mayor and Council shall be held by ballot as acclamation. Said Mayor and Council shall hold their meetings within the limits of said city at such time and place as they see proper. Quorum of council. Sec. 14. Be it further enacted, That in the event the office of Mayor or any one of the Councilmen becomes vacant by death, resignation or removal from the

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city, or otherwise, the Mayor and Council, or in case the Mayor's office is vacant, the Council shall order an election for the purpose of filling the vacancy or vacancies, by giving such notice as will be provided by ordinance, and the election shall be held, returns made and results declared in the same manner as in the regular election for Mayor and Council, as herein provided; provided, that should the vacancy or vacancies occur within sixty (60) days preceding the regular election of said city, then and in that event, the vacancy or vacancies may be filled by the Mayor and Council, or Mayor pro tem., in case of vacancy in the Mayor's office, and Council; the person or persons elected shall be duly empowered and qualified to fill the vacancy or vacancies until the regular election. Vacancy in office. Sec. 15. Be it further enacted, That the Mayor and Council shall, at their first meeting after being elected, or as soon thereafter as practicable, elect from their number a Mayor pro tem., who shall in the absence of the regular Mayor act for him and in his stead, and be clothed with all the powers vested in the newly-elected Mayor. Mayor pro tem. Sec. 16. Be it further enacted, That at the first regular meeting of the Mayor and Council of said city, after their election and qualification, they shall elect a city clerk. who may act as recorder-treasurer. Said clerk shall be ex-officio tax receiver and tax collector and clerk of the Mayor's Court of the City of Metter, and clerk of the Mayor and Council. They shall also elect a chief of police and such additional policemen as the Mayor and Council may deem fit. Said Mayor and Council shall have authority to employ a city attorney and such other officers as they may deem necessary in the governing of said city. All said officers shall hold their office at the pleasure of the Mayor and Council, not to exceed one year, and shall be paid out of the city funds by an order drawn by the city clerk on the city treasurer and countersigned by the

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Mayor, or in his absence, by the Mayor pro tem., and all other expenditures shall be paid by an order drawn and countersigned in the same manner. And said officers as chosen by the Mayor and Council shall give bond in such sums as may be required by the Mayor and Council, conditioned for the faithful performance of their duties and for the accounting for all monies entrusted to their keeping. Municipal officers. Tenure, pay, bonds, etc. Sec. 17. Be it further enacted that any of the officers of the said City of Metter may be removed at any time by a majority vote of the Mayor and City Council for the neglect of duty, incapacity, or malfeasance in office. All of said officers shall be governed by such rules and regulations as may be prescribed by the Mayor and City Council, which are not inconsistent with this Act. The Mayor shall have the authority to suspend any officer temporarily, in his discretion, until the next regular meeting of the Mayor and Council, when such officer shall be given a trial. Removal or suspension. Sec. 18. Be it further enacted, That the Mayor and City Council may also appoint special policemen, when, in their judgment, such appointments may be necessary. Such policemen shall be discharged when the emergency requiring their service has passed, and to be compensated as the Mayor and City Council may determine; or the City Council may by ordinance provide for the appointment by the Mayor at a fixed compensation per day, week or month, of such special policemen. When such policemen are on duty they shall have the same authority and be charged with the same duty as prescribed for the regular policemen in the city. Policemen. Sec. 19. Be it further enacted, That in no case shall the corporation herein created be liable for damages to any person or persons for any unlawful or unauthorized arrest or false imprisonment made and effected by the marshal, chief of police, or any other policeman of said city; but if damages are ever thus sustained they

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can only be recovered out of the officer or officers whose unlawful or unauthorized act may have produced them. Non-liability for unlawful arrests, etc. Sec. 20. Be it further enacted, That the municipal government of said city shall be vested in the Mayor and five (5) Councilmen; and such other officers as the Mayor and Council may see fit to elect and appoint as herein provided. That the said Mayor and Council shall constitute a legislative department of said city, and as such shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations and orders as to them may seem right and proper, respecting streets, railroad crossings, street railways, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery stables, and sales stables, warehouses, store houses, hitching places, markets, slaughter houses, sleeping apartments, restaurants, cafes, opera houses, theaters, picture shows, and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusement; garages, shops, mills, factories, ginneries, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas, water, light and electrical companies, power companies, booths, stands, tents, and all other matter and things whatsoever that may be by them considered necessary or proper or incident to the good government of the said city, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city, and for the preserving of peace, good order and dignity of said government. The enumeration of powers shall not be construed as restricted to said powers alone, shall include all and every other thing and act necessary or incident to municipal government, and shall not conflict with any special power or authority given said government by this Act or by any Acts heretofore passed, but shall be construed as in addition to, and in aid of such powers that are not repealed by this Act. Government. Regulations of sundry matters. General welfare.

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Sec. 21. Be it further enacted, That there may be an appeal from the decision of the clerk or registrars, as to the right of a person to register, to a committee of three freeholders previously appointed by the Mayor and Council for that purpose, whose decision shall be final. All appeals shall be made, heard and determined within five days from the time the appeal shall be filed. After all appeals are decided it shall be the duty of the clerk or registrars to make a correct list of the registered voters and furnish the managers of the election a certified copy of the same. The registration book shall be open to the inspection of the public at all times during office hours. The said Committee of Registrars shall have the authority to purge said registration lists of all illegal voters upon five days written notice to the person or persons who have registered illegally. Appeals from registrars. Sec. 22. Be it further enacted, That it shall be the duty of the clerk or registrars to furnish the managers of the election, at or before the opening of the polls on the day of election, with a complete list of the registered voters, arranged in alphabetical order, certified to under the hand of the clerk or registrars, and the corporate seal of the city. List of voters. Sec. 23. Be it further enacted, That any person voting at any city election who is not qualified to vote according to the provisions' of this charter, shall be guilty of a misdemeanor, and upon conviction be punished as prescribed for a misdemeanor punishment by the Penal Code of the State of Georgia. Voting unlawfully. Sec. 24. Be it further enacted, That in all elections in said city the Mayor, in conjunction with the chief of police of the City of Metter, and other officers, shall take all necessary measures, steps and precautions to preserve order, to prevent the carrying of any weapon, and to secure to the electors the right to deposit their ballot at the polls without fear or harm, or intimidation. No officer of said city or manager of any election precinet

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shall threaten or intimidate or persuade any elector at such election. Order at elections. Sec. 25. Be it further enacted, That no person is eligible to hold the office of Mayor or Councilman in said city unless he be twenty-one (21) years old, a qualified elector of the City of Metter, and shall have resided in the City of Metter for a period of one year immediately preceding his election. The Mayor and Council shall, at the last regular meeting in December of each year, fix the salaries of all city officials who are to begin their term of office on the first day of January following, which salaries shall not be increased or diminished during the term for which said officers were elected, provided, however, that salary of the Mayor shall not be less than $250.00 per year nor more than $600.00; the salary of the city clerk or recorder-treasurer shall not be less than $150.00 per year nor more than $300.00; and the salary of the Councilmen shall not be less than $25.00 per year nor more than $100.00 per year. Eligibility of mayor or councilman. Salaries. Sec. 26. Be it further enacted, That the Mayor shall be the chief executive officer of the city, and shall have general supervision over its affairs. He shall sign all deeds and contracts, except deeds made for property sold under execution at public sale, which shall be signed by the marshal or chief of police; approve all bills and vouchers for the payment of money, and shall be clothed with veto power as hereinafter set out. It shall be his duty to see that the laws and ordinances of the city are faithfully carried out and executed within the corporate limits of said city. He shall keep the Board of Councilmen advised from time to time of the general condition of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare of the city. He shall preside over the meetings of the Board of Councilmen, and may call them together at any time when deemed necessary by him; he shall also

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devote all the time necessary to the discharge of the duties of Mayor and Councilmen of said city. Mayor's duties and powers. Sec. 27. Be it further enacted, That should the Mayor or any member of the Board of Councilmen be guilty of malpractice in office, or wilful neglect of his office, or abuse of the powers conferred upon him, or should be guilty of any other act or acts or general conduct unbecoming an officer of the City of Metter, he shall be impeached by the Board of Councilmen, and upon conviction shall be removed from office. Malpractice or neglect. Sec. 28. Be it further enacted, That the police force of said city shall consist of a chief of police and such other officers and men as the Mayor and Council may by ordinance prescribe. Their term of office shall be one year, but they may be discharged or suspended at any time by the Mayor and Council, after trial, for neglect of duty, incapacity, conduct unbecoming an officer, or other like offense, when in their judgment it is best for the good of the service, or the interest of the city. The compensation of the officers shall be fixed by the Mayor and Council. The chief and other police officers shall preserve the peace of the city, and they shall have power and authority to arrest all persons within said city guilty or charged with violating any of the laws of the State, or any of the laws and ordinances of the city. They shall have power and authority to confine all persons arrested in the city prison or in the common jail of Candler County, and bring them before the Mayor's Court for trial or commitment; provided, that all persons not intoxicated, desiring to give bail for their appearance before such Mayor's Court in bailable cases, shall be allowed to do so. The Mayor and Board of Councilmen shall have power to prescribe all rules and regulations, from time to time, for the general management and discipline of the said police force of the city. Police officers. Duties and powers.

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Sec. 29. Be it further enacted, That it shall be the duty of the chief of police, upon the notice given by the Mayor or Mayor pro tem., or any member of the Board of Councilmen, to prosecute all offenders against the laws of the State committed within the corporate limits of the City of Metter. In case any crime is committed in the presence of the chief of police, or comes to his knowledge, it shall be his duty to prosecute the same without notice. Prosecutions. Sec. 30. Be it further enacted, That the chief of police shall give bond in the sum of one thousand dollars for the faithful performance of his duties as such; or said bond may be increased in the discretion of the Mayor and Council. Bond of chief of police. In case of death, resignation, removal from office of the chief of police, the Mayor, and in his absence the Mayor pro tem., and in his absence the Board of Councilmen, shall appoint some person to perform the duties of the chief of police until the next regular meeting of the Council, when the Mayor and Council shall elect a successor for the unexpired term of said chief of police. Vacancy. Sec. 31. Be it further enacted, That the clerk, or recorder-treasurer, of the City of Metter shall give bond in a sum not less than $1,000, to be fixed for his term of office by the Mayor and Council, with good security, conditioned for the faithful performance of his duties as clerk or recorder-treasurer of said city, which bond shall be approved by the Mayor. He shall also take and subscribe an oath before the Mayor that he will to the best of his ability, faithfully perform the duties of his office without favor or partiality. bond and oath. Clerk's Sec. 32. Be it further enacted, That it shall be the duty of the city chief of police or marshal to levy and collect all executions for taxes or other money due the city; to advertise and conduct all sales of property under execution or other process, execute deeds, or other

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conveyances, used in such cases; attend all meetings of the Mayor and Council and Mayor's Court, collect all fines, taxes and other money due the city, attend to the issuance of all licenses, permits, etc., and perform such other service as the Mayor and Council shall require; that before entering upon the duties of his office such chief of police or marshal shall take and subscribe such oath as may be prescribed by the Mayor and Council. Duties of chief of police. Sec. 33. Be it further enacted, That it shall be the duty of the clerk or recorder-treasurer to receive and disburse all money of the city upon proper orders, and he shall make itemized reports of all reecipts and disbursements and submit same to the Mayor and Council whenever called upon by them to do so; he shall attend all meetings of the Mayor and Council and keep the minutes, books and files of the same, sign and issue as clerk or recorder-treasurer executions and other writs and processes for the collection of taxes due the city and perform such other duty as may be required of him by the Mayor and Council, or required of him by ordinance. Of clerk. He shall also attend all meetings of the Board of Health of said city and keep the minutes, books and files of the same. Sec. 34. Be it further enacted by the authority aforesaid, That the office of the city attorney is hereby created and established, and said attorney shall be elected by the Mayor and Council of said city and shall hold his office for a term of one year and until his successor is elected and qualified. His duties shall be prescribed from time to time by the Mayor and Council. He shall represent the interest of the city in all the courts, and shall attend the sessions of the Mayor and Council when they request, and his salary or compensation for any service shall be fixed by the Mayor and Board of Councilmen. City attorney.

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Sec. 35. Be it further enacted, That in the same manner as above, a city electrician and a city engineer shall also be elected, whose duties and salaries shall be fixed by the Mayor and Council and prescirbed by the ordinances of said city. Electrician. Engineer. Sec. 36. Be it further enacted, That besides the officers already provided for that the Mayor and Council shall have power and authority to elect or appoint for a full term, or for such time as in their judgment may seem best, such other officers, agents, superintendents, street overseers, draftsmen or other workmen for the proper carrying out of the provisions of this charter, and proper municipal government of the City of Metter. Other officers and workmen. Sec. 37. Be it further enacted, That no members of the Board herein provided for shall be interested directly or indirectly personally in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles sold to the city, or paid for out of the public revenues of the city, and nepotism in any of the boards is expressly forbidden. Forbidden interest in contracts. Sec. 38. Be it further enacted, That the Mayor and Council shall elect a chief of the fire department, and any other officers and men thereof, whose duties shall be prescribed by said Mayor and Council and by the ordinances of said city; they shall have power to suspend or remove any of them whenever they shall deem it necessary or proper for the well-being and efficiency of the department. They shall have power to fix all rules and regulations for the general government and management of this department, and fix by ordinance the salaries of the same. The chief members of the fire department shall be elected for two years. but may be removed or suspended as hereinbefore set out for the police officers. Nepotism. Fire department. Sec. 39. Be it further enacted, That the Mayor and Council shall have power and authority to remove or

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cause to be removed, all buildings, porches, steps, fences or other obstructions or nuisances in public streets, lanes, alleys, sidewalks, squares, parks or other places in said city. They shall have power, if necessary, to establish a market in said city, to designate certain streets or places for the conduct of certain business; to regulate all butcher pens, slaughter houses, blacksmith shops, tan yards, livery stables, forges, stores and chimneys, steam mills, steam grist mills, mill ponds, fertilizer plants, ginneries, fish ponds, warehouses, hacks, drays, automobiles, bicycles, motorcycles and other contrivances of like kind, railroad crossings, the moving of trains through the city, and to abate or cause the removal of the same or any of them in case they become a nuisance or dangerous or injurious to the health of the city. They shall have power to fill up all open cellars, or excavations in said city, or cause the owners to do so when they shall deem it necessary for the public interest for the same to be done. Buildings. Market. Regulations. Nuisances. They shall also have power to condemn or remove, or cause to be removed, all dilapidated or unsafe walls, buildings, fences, chimneys and other things of like character, which they may consider a nuisance or dangerous to the health or lives of the people of the city, and they may abate, or cause to be removed, anything that works a nuisance, or should become injurious or deleterious to the health of, or endanger the lives of, the people of the city. They shall also have the right to condemn property for public purposes, as provided by the laws of this State. Condemnation. Sec. 40. Be it further enacted, That the Mayor and Council shall have power and authority to protect places of worship, to provide places for the burial of the dead, and to regulate interments therein. Places of worship and burial. Sec. 41. Be it further enacted, That the Mayor and Council shall have power to regulate the keeping of gunpowder, gasoline and other combustibles and explosives,

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to make regulations for guarding against fires, and to fix and establish fire limits and from time to time change, enlarge or restrict the same; to provide by regulation and ordinance the kinds of buildings to be erected, the kinds of material and construction; to also have power and authority to grant or refuse permits for all kinds of buildings and other structures to be erected in said city, and to provide by ordinance penalties for any violation of the same. Explosives. Sec. 42. Be it further enacted, That the Mayor and Council shall have power and authority to pass all such ordinances and regulations for the government of said city or the suppression of disorderly conduct, the protection of life and property, the maintenance of public places and the protection of public health which are not repugnant to the Constitution and laws of the State, or the United States, as they may see proper to do, and to prescribe and enforce penalties for the violation of the same. Ordinances. Sec. 43. Be it further enacted, That there may be a Board of Health for said city, to consist of the Mayor and the superintendent of the public schools and one competent physician, and one citizen to be appointed by the Mayor, whose appointment shall be confirmed by the Board of Councilmen, and who shall hold office for one year and until their successors are appointed and qualified; the citizens appointed on said Board of Health shall hold no other municipal office during their term as a member of the Board of Health. The Mayor and Board of Councilmen shall appoint such other number of citizens to act on the said Board of Health as they may deem necessary and shall prescribe by ordinance the proper rules and regulations of said Board, shall prescribe their duties and the times they shall meet, and the Mayor and Council shall fix the salaries of the members who shall be appointed on said Board, but the Mayor shall serve on said Board for his regular salary paid him in his official position; said Board

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shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the generation and introduction of infectious and contagious diseases of all kinds. They shall likewise exercise absolute power over the subject of quarantine, and from time to time recommend to the Mayor and Council for passage of such ordinances, rules and regulations for the general health and sanitary betterment of the city as they may deem necessary for the good health of the city. They shall also have power to inspect foods, milk, fruit and other things sold in said city, and report to the Mayor and Council all persons selling any impure articles, and the said Mayor and Council shall provide by ordinance a penalty for all persons so offending; the said Board of Health shall look after the general sanitary condition of the city and shall report any nuisance likely to endanger the health of the city, or any neighborhood or place, and the Mayor and Council shall enforce all sanitary rules and regulations and shall prescribe penalties for violation of the same; shall abate all nuisances and enforce all ordinances for the general health of the city. Board of Health. Powers. Sec. 44. Be it further enacted, That the Mayor and Board of Councilmen shall have full power and authority over and absolute control of all pipes, sewers, private drains for the filthy water or other substances or flush in said city, and full power and authority to prescribe their location and structure, use and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city. They shall have full power and authority to prescribe the kind of water closets, urinals of other receptacles or drains for water, or other fluids or substances to be used within the corporate limits of said city. They shall have power and authority to condemn and destroy any water closets, urinals, or other receptacles or drains now in use or

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hereafter to be constructed and put in use which do not conform to and are not of the kind prescribed for use by the ordinances and rules of the city, and which may be detrimental to the health of the city. They shall also have full power and authority to compel all property owners to connect water closets and urinals or other receptacles or drains, on the premises of the said property owners, with the sanitary sewers of said city under such rules and regulations as may be prescribed, and if such property owners shall fail to connect any water closet, urinal or other receptacle or drain as aforesaid, within the time and the manner prescribed, which shall not be less than thirty days, then the city authorities may cause said work to be done and the connection to be made, and provide all necessary material therefor, and assess the costs of the same against the said property owner and the said property so improved, which shall be a first lien on said real estate, superior to all other liens except for taxes; and the marshal or chief of police shall levy the same on the said real estate in the same manner as the sheriffs sales under judgment and execution. The officer making said sale is authorized to execute to the purchaser a deed to the property so sold, which shall pass the title thereto as fully and completely as sheriffs deeds under sale made by judgment and execution and shall proceed at once to dispossess the the owner thereof and put the purchaser summarily in possession. The city authorities shall have the right, power and authority to arrest and prosecute the owners of said property before the Mayor's Court of the city for maintaining a nuisance. The city authorities, or any agent of the city, shall have the right, power and authority to enter and go upon the premises of anyone, after notice, for the purpose of inspecting said closets, urinals and other drains and pipes, to remove the same whenever condemned, and to inspect the connections and fixtures necessary to connect the same with the sanitary sewers

Page 1300

of the city, without being deemed a trespasser or becoming responsible as such to the owner or tenant. Sewers, drains, etc. Connections. Assessments. Lien. Levy and sale. Prosecution for nuisance. Inspection. Sec. 45. Be it further enacted That all sales of property under execution in favor said City of Metter shall be advertised in the Metter Advertiser of said city, or the official gazette in which sheriffs sales are advertised, and such sales in all respects be made and conducted in the same manner as sheriffs sales under execution are now made in this State. Execution sales. Sec. 46. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the power and authority to cause the owner or owners of lots within the city to drain the same, or to fill the same to the level of the streets or alleys on which said lot and lots front; also to cause the owner or owners of cellars holding water to cause the same to be emptied of water or filled up if necessary. Also to have the authority to compel property owners to make proper connections or drain pipes to storm sewers and gutters or other street waterways, and to pass such ordinances regulating the same as they may deem necessary, and whenever the owner of any such property shall refuse or fail, after a reasonable notice to him or his agent, or to the tenant in possession of said premises, to comply with the requirements of said Mayor and Council for a period of twenty days, it shall be lawful for the city authorities to cause the same to be done at the owner's expense, and for the amount so expended the clerk of the city shall issue an execution against said owner to be collected from said property belonging to him, and a sale under said execution by the marshal or chief of police shall pass title to the property as fully and completely as a sale by the sheriff under judgment and execution, and said owner shall be subject to punishment for maintaining a nuisance. Drainage of lots. Execution. Sec. 47. Be it further enacted, That the Mayor and Council shall have power and authority to prevent stock

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from running at large, and to take up and impound any horse, mule, cow, hog, goat, dog or other animal found at large within the corporate limits of said city, and to provide by ordinance for the redemption of, or sale of, the same; and to enact such laws and ordinances as may be considered necessary to carry out the provisions of this section. Impounding of animals. Sec. 48. Be it further enacted, That the Mayor and Council shall have power and authority to grant encroachments upon the streets, sidewalks, lanes, alleys and lands of the city, upon such terms and in such manner as may be prescribed by ordinance. Encroachments. Sec. 49. Be it further enacted, That the Mayor and Council shall have power to license all legitimate business in said city and fix the license fees for the same by proper ordinance. They shall have power to license and regulate all hotels, public boarding houses, sleeping apartments, opera houses, theaters, picture shows, bowling alleys, billiard and pool rooms, to license and regulate drays, hacks, wagons, automobiles and other vehicles used for business purposes; to license, regulate and control all vehicles; to license, regulate and control all livery stables, garages, places of amusement, telegraph and telephone companies, express and railroad companies, mills, ginneries and factories, and all electric, gas and water companies doing business in said city. They shall also have power and authority, upon proof of the existence of, maintenance of, any bawdy house or house of ill fame within the city, to cause the occupants thereof to be forcibly removed without the city, if they shall refuse to leave after three days notice. Licenses, and regulation of business. Houses of ill fame. Sec. 50. Be it further enacted, That the Mayor and Council shall have power and authority to impose and collect a tax on all dogs within the city in such manner as they may deem best, the same to be provided for by ordinance. Dog-tax.

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Sec. 51. Be it further enacted, That the Mayor and Council shall have power and authority to license and control all markets and marketing within the city limits, to fix the hours for sale therein, to prohibit the sale of marketable commodities elsewhere within the city limits or at any other time, and to pass all ordinances, rules and regulations necessary and proper to control and regulate the market and marketing in said city. They shall have full power and authority to establish a city market, to prescribe rules and regulations for government of the same; to rent out stalls and collect therefrom, and to take all steps and do everything necessary and proper to carry out the intentions of this Act. They shall have power to prescribe penalties for the violation of the rules and regulations concerning markets and marketing, and any person violating same shall, on trial and conviction before the Mayor, be punished for the same. Markets. Sec. 52. Be it further enacted, That the Mayor and Board of Councilmen shall have power and authority to appropriate from year to year such sums of money for the support of the public library as they may deem best for the interest of the city. Said library shall be managed and controlled by a Board of Trustees to be selected by the Mayor and Board of Councilmen, and to consist of such number of citizens as the Mayor and Council may determine. The trustees shall be elected for a term of one year, and shall be elected by the Mayor and Council at the first meeting in each January. The sum of money appropriated, as above provided for, together with all other appropriations for the support of the library shall be turned over to and be disbursed by said Board of Trustees, who shall render a full and accurate statement to the Mayor and Board of Councilmen quarterly, showing for what said funds have been expended. The city clerk shall be the disbursing medium for the Board of Trustees, keeping a record of same. The Mayor and Council shall pass such suitable

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ordinance for the purpose of carrying out the intentions of this section. Public library. Trustees. Sec. 53. Be it further enacted, That the Mayor and Council shall have power to license as many auctioneers or vendue masters of the city as they may deem proper, and to fix and collect the amount of license fees required of each. They shall have power to license all other occupations or business not herein specifically provided for and not otherwise taxed. Auctioneers. Sec. 54. Be it further enacted, That whenever any execution issued by proper authority of said city, for fines, forfeitures, taxes, license, or any other debt or demand due said city shall be levied on any property which is claimed by any other person not a party to the execution, said claim shall be interposed under the same rules, regulations and restrictions as regulate claim cases under the laws of this State and the said claim shall be returned and tried in the first Justice Court, City Court or Superior Court having jurisdiction thereof, as the case may be. Claims on levies. Sec. 55. Be it further enacted, That the Mayor and Board of Councilmen are hereby empowered to establish by ordinance at any time that they may see proper, a Board of Commissioners for its water and light plant that it may own or operate; said Board to be known as the Water and Light Commission. Said Board, when so established, shall consist of three members, neither of whom shall be the Mayor or any Councilman. They shall be elected for two years and until their successors are elected and qualified. The manner of election shall be prescribed by ordinance, and they shall be freeholders of the City of Metter. All vacancies shall be filled by the Mayor and Council. Said Board when so created is hereby vested with full power and authority to maintain, extend, improve, modify and operate the system of waterworks now in operation and with like power over any light plant that may be owned or operated by the

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city, or any light contract existing between the city and any power company; to establish, equip, maintain, modify and operate a system of drains and sewers for said city; to appoint and employ superintendents and other employees, and to remove the same when necessary; to purchase, rent and lease real estate and apparatus and machinery and all other things necessary to properly and successfully conduct said light and water system, and hold title to the same for the city; to collect, receive and disburse all moneys arising from the sale of bonds issued for the extension of the plants, and all revenues derived from said system; to make such bylaws, rules and regulations for their own government and the government of their employees as they may deem necessary, not in conflict with this Act. Said Board shall make quarterly report to the Mayor and Board of Councilmen, showing the amount of money received and from what source, and the amount disbursed, and to whom and for what purpose, together with vouchers for the same, and shall furnish as nearly as possible an estimate of the amount required for the ensuing year. Said Water and Light Commission shall elect a clerk and fix his compensation, to be approved by the Mayor and Board of Councilmen. The members of said Water and Light Commission shall receive for their services such compensation as the Mayor and Council shall prescribe, which shall not be increased or diminished during their terms of office. The Mayor and Board of Councilmen shall have authority to prescribe ordinances for the successful carrying out of the purpose and intent of this section as they may deem proper, not in violation of this charter. The Mayor and Council shall maintain and operate the waterworks system as heretofore until this Commission may be created. Water and light commission. Powers. Reports. Pay. Sec. 56. Be it further enacted, That the Mayor and Council shall have power and authority to grant the rights to use any street or streets, alleys or other passageways in said city for railroad, street car, telegraph,

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telephone, gas, water and electric light purposes. In granting such franchises they shall fully and completely guard and protect every present and future interest of said city, and no franchise hereunder shall carry with it any right or power except as are specially set forth, enumerated and named therein. Franchises in streets. Sec. 57. For the violation of the laws and ordinances of said city the Mayor may impose such fines or punishment as in his discretion he may think best; provided, no fine shall exceed the sum of a hundred dollars, or the punishment inflicted shall not exceed imprisonment in the guardhouse or county jail for a space of time to exceed sixty days, at labor in the county chaingang for more than six months. If there be no such chaingang, then the Mayor is authorized to hire convicts out to some other chaingang under the same rules as other convicts are let out or hired out. Said Mayor may impose any one or all above fines or punishments. Said Mayor shall have the same power as other Judges of this State to punish for contempt officers and others by a fine not to exceed fifty dollars and imprisonment in the city guardhouse not exceeding ten days, or either or both, in his discretion; he shall to all intents and purposes be a Justice of the Peace so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants may be executed by any member of the police force of the city, and to commit the offenders to the county jail of Candler 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. Fines and imprisonment. Chain-gang. Mayor as J. P. Sec. 58. Be it further enacted, That in criminal cases the defendant shall not have the right to appeal to the General Council from the decision or judgment of the Mayor except when the fine is in excess of the sum of twenty-five dollars, or the punishment is for longer time than thirty days imprisonment in the guardhouse

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or county jail, or four months in the city chaingang, or where a fine and imprisonment are both imposed; but the right of certiorari shall exist in all criminal cases from the judgment of the Mayor. Said certiorari shall be obtained in the same manner and under the same conditions as a writ of certiorari is obtained from the judgment of a Justice of the Peace provided, that any person convicted in said Court, or his attorney, shall give written notice that he intends to apply for a writ of certiorari to the Superior Court of said county, when it shall be the duty of the Mayor or other presiding officer to suspend said sentence until said certiorari shall have been heard and finally determined by the Superior Court, whichever the case may be, but no person shall be released from custody until he shall have paid the costs and given a good and sufficient bond and security to be fixed and approved by the presiding officer of said Court for his appearance to carry and perform said sentence in the event the said certiorari is affirmed, said bond to be in form and operate as other supersedeas bonds in criminal cases. The Judge of the Superior Court who grants the certiorari may hear the same in the term time or vacation, after ten days notice to each party, or their attorneys, of the time and place of hearing, the Mayor being required to certify and send up to the Superior Court a complete and accurate history of the case as his answer to the petition for certiorari and the defendant having the right to traverse said answer as provided by law. The Mayor and Council shall be authorized to pass ordinances regulating the costs for appeals and certioraris; also for the forfeiture of all bonds. Appeals. Certiorari. Sec. 59. The city clerk of Metter shall be ex-officio clerk and treasurer of the Mayor's Court and shall, by himself or deputy, attend all sessions of said Court and do and perform all other duties reuired of him in connection with said Court by the Mayor and Council. Clerk of court.

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Sec. 60. The ministerial officers of the Mayor's Court shall be the marshal and policemen of the City of Metter, to whom all mesne and final processes shall be directed; all of said officers or a sufficient number shall attend the sessions of the Court for the purpose of executing the orders of said Court, and shall do and perform such and other duties connected with said Court as may be required of them by the Mayor. Marshal and policemen. Sec. 61. Be it further enacted, That the Mayor and Council of Metter shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this Court; also all other ordinances that they may deem necessary to preserve order, suppress crime and immorality, or to prevent idleness, vagrancy or loitering in said city not in conflict with the Constitution of the laws of the State of Georgia. Ordinances. Sec. 62. Be it further enacted, That there shall be a city chaingang for said City of Metter, which is hereby created and established, and shall be put in operation whenever deemed necessary by the Mayor and Council as hereinafter provided. The said chaingang shall be used for working the streets of the City of Metter and for doing and performing other work in and for said city, or for its benefit, and shall be made up of convicts convicted in the Mayor's Court of Metter, and by employing from the proper authority persons convicted as misdemeanor in other Courts of the State. Said chaingang shall be governed by the same rules and regulations as govern other municipal and county chaingangs in this State, unless otherwise provided herein. Chain-gang. Sec. 63. The Mayor and Council of Metter shall have the power to select a competent warden for said chaingang or they may select the chief of police who shall receive no extra compensation, and who shall be empowered to contract with the County of Candler or

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any other person or corporate body for sleeping quarters and board for said convicts. Warden. Sec. 64. Be it further enacted, That the authorities in charge of the chaingang shall have prepared and have published full and complete reasonable and humane rules and regulations for the government of the convicts under their control, which rules may be amended as the occasion may require, but shall specifically prescribe powers and duties, in all respects, of the superintendent, commissioner and whipping boss, or other person connected with the management of the convicts, as to care, keeping, control, work and discipline of convicts. Discipline of convicts. Sec. 65. Be it further enacted, That the superintendent, commissioner, guard, whipping boss, or other person or employer of convicts shall be personally responsible or liable for any injury or damage to any convict resulting from the employment, care, control, keeping, work and discipline of convicts who are under the direction of said governing authorities, respectively, in accordance with reasonable and humane rules and regulations adopted as aforesaid. Personal liability. Sec. 66. Be it further enacted, That white and colored convicts shall not be confined together at any time or place, nor shall female convicts be confined in the same compartment with male convicts, and should be worked separately as far as practicable. Separation of races and sexes. Sec. 67. Be it further enacted, That the whipping boss, superintendent, or other person having the convicts in charge, shall keep a book in which he shall record the names of all persons placed in his charge, giving their age, sex, color, time received, time worked. behavior while confined, offense with which they are charged, a record of number of times a convict was whipped, and the number of licks given, time of discharge, and such other information as may be required of him by the city authorities. Records.

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Sec. 68. Be it further enacted, That the Mayor and Council shall have power, in their discretion, to hire out and dispose of the convicts convicted in the Mayor's Court of said city in the same manner and under the same rules and regulations as the convicts who are convicted in the State Court in said county, for such length of time as they may see proper to do so, if in their discretion, it would be better for the city's interest than to maintain a chaingang in said city. Hiring of convicts. Sec. 69. Be it further enacted, That the rules of practice in the Mayor's Court, so far as practicable, shall be the same as the rules of practice in the Superior Courts of this State, including the rules of evidence. All officers shall be legal witnesses on trial. Rules of practice. Sec. 70. Be it further enacted, That all persons put on trial in the Mayor's Court shall have opportunity to employ counsel if they so desire. Sec. 71. Be it further enacted, That persons who have worked one or more days in the chaingang, and becoming able to pay the fine imposed, shall have the fine reduced according to the number of days worked, and shall be released upon the written authority of the Mayor, based on the information of the clerk and treasurer of said city that such fines have been paid. Release from chaingang. Sec. 72. Be it further enacted That the Mayor and Council of the City of Metter shall have the power and authority to open, lay out, widen, straighten or otherwise change the streets, avenues, alleys, sidewalks, crossings or other passageways of said city, and shall have the power to vacate, close up, open, alter, grade and fill, curb, pave, drain and repair the same. They shall have power and authority to prescribe such rules and regulations for laying out, constructing and maintaining the same, and shall also have the power of curbing and paving the whole of any street, avenue, alley, sidewalk, crossing or other passageways of the city. They shall also have power to prescribe by ordinance for the curbing,

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paving of all squares, triangles and intersections of said city, as they may deem necessary from time to time; they shall prescribe the kind of material to be used in such construction, and shall fix the time when notice shall be given and when the work shall be completed, to supervise the construction of the same, and have power to reject any work not performed in compliance with such prescribed regulations. They shall have full and complete power and authority to require any street, avenue, alley, sidewalk, street crossing and railroad crossing, or other passageways to be paved, in such manner, with such material as they may determine by resolution or ordinance. One-third of the expense of paving streets shall be borne by the city and the other two-thirds by the abutting property owners in just proportion to the foot frontage of their property thereon. Whenever the Mayor and Board of Councilmen shall determine to pave any street, avenue, alley, sidewalk, street crossing, and railroad crossings, or other passageways in said city, they shall require the city clerk to notify in writing all persons owning property abutting or fronting thereon of such intention, together with a statement of the amount assessed against said property therefor; and the said city shall at once proceed to do said paving, or cause it to be done, and when the same is completed it shall be the duty of the said property owner to pay into the treasury of the city within 20 days after said work is completed, the amount so assessed against their property, and in case any property owner shall fail or refuse to do so, the city clerk is authorized and empowered to issue instanter an execution against said owner and against said property, which shall be a lien on said property superior to all other liens, except liens for taxes, and said execution shall be levied on said property by the marshal or chief of police, and the same advertised and sold at public auction in conformity to the laws of this State governing the sales of property under judgment and execution by sheriffs. Said marshal, or chief of police, shall make to the purchasers a good and valid deed

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thereto, conveying titles as fully as the sheriffs of this State are authorized to do at public sales under judgment and execution. The City of Metter shall have full right to bid on and purchase said property at said sale if it chooses to offer the highest bidder therefor, wherefore said deed shall be made to said city, said marshal or chief of police being duly authorized and empowered to proceed at once to dispossess said owner, and put the purchaser at said sale in possession. Whenever two-thirds of the property owners on any street, square, avenue or block shall petition the Mayor and Council to pave, curb, or otherwise improve the street, square, avenue or block on which they own real property it shall immediately, on filing such petition with the city clerk, become the duty of the Mayor and Council to do such improving under the terms of this section. Streets. Improvements. Assessments. Notice. Execution. Lien. Levy and sale. Sec. 73. Be it further enacted, That the Mayor and Council of the city have full power and authority to levy and collect an ad-valorem tax, or a special street tax upon all property, real or personal, within the city limit of said city for the purposes of paying the city's one-third of the paving expenses referred to in Section 72 of this Act immediately proceeding which said tax shall be collected in the same manner as is provided elsewhere in this charter for the enforcement and collection of taxes. Taxes. Sec. 74. Be it further enacted, That the Mayor and Council of said city are given the power and authority to pass all ordinances and necessary legislation for the successful and effectual carrying out of the purposes and intent of the above and foregoing sections relating to paving, as to them may be deemed to the best interest of the city and which shall not be in conflict with the constitution and laws of Georgia. Ordinances. Sec. 75. Be it further enacted, That the Mayor and Council shall have the power and authority at any time that they may deem necessary, to appoint a Park Commission and shall, by proper ordinances, prescribe the

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manner of election, term of office, duty and salary of the same. Park commission. Sec. 76. Be it further enacted, That all male residents of said city between the ages of 21 and and 50 who have resided in said city for thirty days before the first day of March each year shall be subject to work the streets of said city, not to exceed ten days in each year or pay a commutation tax in lieu thereof not to exceed ten dollars, 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 street tax assessed in lieu thereof after having received the notice from the marshal or other police officer so to do, such person may be sentenced by the Mayor to work upon the streets of said city for and during the term of not exceeding fifteen days under the direction and control of the marshal, or to be fined, or placed in the guardhouse, in the discretion of the Mayor. Street work. Commutation tax. Penalty. Sec. 77. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to levy and collect an ad valorem tax not to exceed one and one-half per cent. upon all property, real and personal, within the corporate limits of the city, which is taxable under the laws of this State, and to provide the manner in which the same shall be collected. Tax and valorem. Rate. Sec. 78. Be it further enacted, That should any person fail or refuse to pay the tax or license imposed by the city authorities according to this charter, within the time allowed or prescribed by the ordinance of said city, the clerk shall issue an execution against such delinquent tax payer for the amount due by him to the city, which shall be signed by the city clerk in his official capacity and bear test in the name of the Mayor and the City Council of Metter. Executions for taxes, etc. Sec. 79. Be it further enacted, That said executions shall bind all the property of that said defaulting tax payer owned in said city on the first day of January in

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the year for which such taxes are due. Said executions shall be directed to and enforced by the marshal or chief of police of said city, who, after levying the same upon the property of such defaulting tax payers, shall, if the property be personal property, advertise the sale by posting notices in three of the most public places of said city ten days before the date of sale, and if the property be real estate, he shall advertise the same once a week for four weeks in the official organ of said city before selling the same. All sales under such executions shall be made by the city marshal or chief of police before the door of the Council Chamber, or at such places as may be prescribed by ordinance, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal or chief of police at public outcry, to the highest and best bidder. Where the sale is of personal property, the marshal or chief of police shall deliver possession thereof to the purchaser. When real estate is sold the marshal or chief of police shall make to the purchaser a deed against whom the execution is issued, and it shall be the duty of such marshal or chief of police upon application of the purchaser or his agent, to put said purchaser or agent in possession of the real estate sold; provided, the said marshal or chief of police shall not be authorized to turn out any other person than such delinquent tax payer, his heirs, tenants, or assigns, since the lien of the city taxes attached. Executions, levy and sale. Sec. 80. The city clerk shall be entitled to fifty cents for each fi. fa. issued, and the marshal or chief of police to the same fees for levies as are hereby allowed the bailiffs in this State, and to the same fees for selling as are required by sheriffs for selling property in this State; provided, the Mayor and Council may by ordinance provide for all such costs to go into the city treasury and pay the city clerk and marshal, or chief of police a regular salary for their whole duty to the city. Costs.

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Sec. 81. Be it further enacted, That the Mayor and Council of said city shall have power and authority to prescribe by ordinance the time and manner in which all persons shall return for taxes all property of every kind and nature and also prescribe when all business and occupation tax and license shall be paid to the city. Tax returns, etc. Sec. 82. Be it further enacted, That the Mayor and Council shall have power and authority each year, if in their discretion they see proper, to appoint three tax assessors, whose duty it shall be to value the real estate in said city for taxation and to scrutinize carefully each return of property, real and personal, by any tax payer of the city, and in their judgment they shall find the property embraced in their return, or any portion of it returned below its proper value they shall assess the value thereof. Tax assessors. Sec. 83. Be it further enacted, That whenever the assessors shall raise the valuation at which the tax payer has returned his property, they shall give him written notice of their assessment, and it shall be the tax payer's privilege if dissatisfied with the assessment, within ten days after notice to have the matter left to three disinterested freeholders, residents of the city, one of whom shall be elected by him, one by the assessors and the third by those two selected, and the majority of these abitrators shall fix the assessment which shall be final and conclusive. The Mayor and Council are also given authority to fix the compensation of the said tax assessors and also pass such ordinances bearing on the question as they may deem proper. Arbitration of assessment. Sec. 84. Be it further enacted, That the provisions of this charter may be pleaded, and shall be a defense to any action brought against the Mayor and City Council of Metter, or either of them in accordance with the provisions and ordinances passed in pursuance thereof. Defense under this charter. Sec. 85. Said Mayor and Council shall have authority to establish a guardhouse and provide regulations for

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the same, in which to confine for punishment, when necessary, persons sentenced by the Mayor for violating any of the city laws or ordinances, or any penal sections of this charter, and for the safe detention of all disorderly persons committing or attempting to commit crimes, and the marshal or any policeman of the city, shall have the right to take up all disorderly person or persons and confine them in the guardhouse to await their trial. Guardhouse. Sec. 86. Be it further enacted, That the Mayor and Council of said city shall have the right to establish and maintain a city stockade for the confinement of all the convicts of the city, and to prescribe suitable rules and regulations for the same whenever they deem the same necessary. Stockade. Sec. 87. Be it further enacted, 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 for the commercial and business interest of the city, to be known as the Metter Chamber of Commerce, and the said Mayor and Council may prescribe scope for its work, the duties devolving upon its membership, its officers, and appropriate such sums for its maintenance and operation as they deem proper. Chamber of commerce. Sec. 88. Be it further enacted, That the Mayor and Council of said city, or the water and light commission, whenever such may be created, shall have the right to make contracts with persons, firms or corporations residing beyond the limits to furnish them with light and water, or water, or lights, whenever the same can be done without interfering with the efficient service of the city light and water plant to the inhabitants of the city. Light and water contracts. Sec. 89. Be it further enacted, That the Mayor and Council may have the right to employ a competent accountant to examine the books of the officers of the city

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relative to the affairs of the city, as often as said Mayor and Council shall consider necessary. Audit of books. Sec. 90. Be it further enacted, That the Mayor and Council shall have full power and authority to regulate the running of all railroad trains and street cars within the city limits and to prescribe the manner in which same may be run and the rate of speed of the same. Railroadtrains. Sec. 91. Be it further enacted, That the Mayor and Council of said city shall have power and authority to order elections at various times to determine the issue of bonds, and to issue bonds in accordance herewith, for all public improvements as they may deem necessary; that they may bond for the purpose of enlarging the waterworks and sewer system of the city; to establish a light plant; to erect a city hall where the public business of the city shall be transacted; to curb and pave the streets and for such other public improvements as they may deem proper, and shall provide how the public debt of the city shall be paid, and may constitute such sinking fund for that purpose, if they may deem necessary. Bond issues. Sec. 92. Be it further enacted, That the Mayor and Council of said city are hereby authorized and empowered to levy, assess and collect annually a sufficient tax upon and from the taxable property in said city, real and personal, to pay the principal and interest on such bonds as they shall become due. This tax shall be separately assessed, levied, and collected for the specific purpose herein designated and shall not be used or applied to any other purpose whatever. Said Mayor and Council are hereby authorized and empowered to issue interest coupons payable annually for the interest on said bonds. Any money remaining in hand received and collected under this Act, after the payment of maturing interest coupons and bonds each year, shall be held by the Mayor and Council as a sinking fund for the payment of the bonds and interest maturing the next year. Tax for bonds.

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Sec. 93. Be it further enacted, That said bonds shall be signed by the Mayor and clerk of said city and registered and sold in such manner and in such sums and at such times as the Mayor and Board of Councilmen may determine for the best interest of said city and the speedy execution of the objects of this Act. Bonds. Sec. 94. Be it further enacted, That every ordinance and resolution passed by the Board of Councilmen may be subject to the veto by the Mayor in the following manner: The Mayor shall within three days write out his objections to such ordinance or resolution, and the Board of Councilmen at the next regular meeting at which a quorum shall be present, order said objections entered on the minutes and take a vote on the question as to whether said ordinance, resolution or other action shall become adopted over said veto. Should as many as three Councilmen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective without the approval of the Mayor; otherwise not. The ayes and nays shall in all cases be entered on the minutes. Mayor's veto. Votes of council. Sec. 95. Be it further enacted, That this Act shall not abolish any of the ordinances now of force in said city except where they come in conflict with this charter, but shall preserve and continue the same. Ordinances preserved. Sec. 96. Be it further enacted, That all other Acts heretofore approved by the General Assembly relating to the City of Metter except such part or parts thereof as may be in conflict with this Act be and they are hereby continued in operation, confirmed and consolidated with and made a part of this Act. Acts continued of force. Sec. 97. Be it further enacted, That whenever any real estate is sold for taxes, the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten percent. premium thereon, and interest on said principal amount at the rate of seven (7%) per cent. per annum. When at any such sale for taxes due no person present

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shall bid for the property put up for sale as much as the amount of such execution and all costs, after such property shall have been carried a reasonable time, then any fully authorized or appointed agent of the city may bid off such property for the city, and the police officer or such other officer making the sale shall make the City of Metter deed to the property so sold, and deliver the same, and the title thus acquired by the city shall be perfect and valid, after the period for the redemption by the owner shall have expired, and the policeman or other officer making the sale, shall put said city in possession and the Mayor and Council shall have no right or authority to divert or alienate the title to any property so purchased, except by public sale to the highest bidder in the manner to be prescribed by ordinance of said city. Redemption after tax sale. Tax titles. Sec. 98. Be 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, 1920. MILLEDGEVILLE WATER SYSTEM TAX EXEMPTION. No. 769. An Act to exempt the water plant and system owned by the City of Milledgeville from State and county taxes after March 1st, 1920, and for other purposes. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that whereas the City of Milledgeville did, prior to March 1st, 1920, purchase all of the property, both real, personal and mixed, of the Baldwin County Water Company in and adjacent to the City of Milledgeville, which property had been returned prior to March 1st, 1920, to the Comptroller-General for taxation; and whereas, the said property

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was delivered on March 1st, 1920, to the City of Milledgeville; and whereas, the private owners of said property had a beneficial interest therein for the period of two months of the year 1920; be it therefore enacted by the authority contained in Paragraph II of Section II of Article VII of the Constitution of this State, that the property so purchased by the City of Milledgeville shall, as is other public property of similar description, be exempt from State and county taxes after March 1st, 1920, which taxes might otherwise have been collected. Preamble. Exemption. Sec. 2. Be it further enacted by the authority aforesaid, That the Comptroller-General, together with the State Treasurer and the Tax Collector of the County of Baldwin, shall levy and collect only that pro rata portion of the tax applicable to that part of the year while the plant was in the hands of private capital and before it became the property of the City of Milledgeville. Levy pro rata. Sec. 3. Be it further enacted by the authority aforesaid, That the payment of one-sixth of the annual ad valorem tax, both State and county, for the year 1920, shall operate to relieve the said property above described from the lien of taxes of said year. Payment of one-sixth. 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 17, 1920. MOLENA ELECTION DATE. No. 604. 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

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same, That from and after the passage of this Act the above recited Act of August 23rd, 1905, is hereby amended by striking from the third and fourth lines of the second section of said Act the word November and inserting in lieu thereof the word January. Act of 1905 amended. Sec. 2. Be it further enacted by the authority aforesaid, That said section when so amended shall read as follows: Elected on first Monday in November of each year and qualify on the first Monday in January of the following year. Election and qualification dates. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1920. MONTEZUMA TERRITORIAL LIMITS EXTENDED. No. 501. An Act to amend an Act approved December 17, 1900, which was an amendment of an Act incorporating the Town of Montezuma, County of Macon, approved October 24, 1887, so as to extend a corporate limit of said Town of Montezuma, in the County of Macon. Be and it is hereby enacted by the General Assembly of Georgia, That after the passage of this Act that An Act to amend an Act approved December 17, 1900, which was an amendment of an Act incorporating the Town of Montezuma, County of Macon, said State, is hereby amended to extend the corporate limits of the City of Montezuma, in the following manner, viz.: Begin in the public road from Montezuma to Marshallville 800 feet north of present limits of said city; thence run westwardly to Flint River at center of Upper Iron Bridge built by said city; thence southwardly down Flint River to where Spring Creek enters said River; thence eastwardly

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up Spring Creek to Lewis' Mill; thence northeasterly to a point on the Montezuma and Spaulding public road at a point thereon 800 feet from present limits; thence northwestwardly to the public road which is a continuation of Railroad Street a point 800 feet north of present limits; thence northwestwardly to the starting point. Act of 1900 amended. Added territory. That all laws and parts of laws in conflict herewith are hereby expressly repealed. Approved August 5, 1920. MONTICELLO BOARD OF EDUCATION; REPEAL. No. 420. An Act to repeal an Act entitled An Act to create a Board of Education for the City of Monticello; to prescribe its powers and duties; to provide for the election of members thereof, and other purposes, approved August 22nd, 1907. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act, entitled an Act to create a Board of Education for the City of Monticello; to prescribe its powers and duties, to provide for the election of members thereof, and other purposes, be, and the same is, hereby repealed. Act of 1907 repealed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 24, 1920.

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MONTICELLO ELECTION DATE. No. 534. An Act to amend an Act entitled an Act to incorporate the City of Monticello, in the County of Jasper, approved December 18th, 1901, by amending Section 3 of said Act, so as to provide for the holding elections on the first Thursday in December; and by amending Section 8 of said Act to provide a term of office for the Mayor and Councilmen to begin on the first Tuesday in January of each year; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same, That the Act incorporating the City of Monticello, approved December 18th, 1901, be and the same is hereby amended in the following several particulars: Section 1. Section 3 of said Act is amended by striking the word January in the third line of said Section 3 and substituting therefor the word December so that hereafter all elections for Mayor and Councilmen for said City of Monticello shall be held on the first Tuesday in December, instead of January, as heretofore. Act of 1901 amended. Elections and terms of office. Sec. 2. It is further enacted that Section 8 of said Act be and the same is hereby amended by striking the word February in lines three and four and substituting therefor the word January, so that hereafter the term of office of the Mayor and Councilmen shall be one year from the first Tuesday in January after their election, and until their successors are elected and qualified. Sec. 3. Be it further enacted and it is hereby so enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 7, 1920.

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MONTICELLO PUBLIC SCHOOLS. No. 419. An Act to amend an Act, entitled An Act to incorporate the City of Monticello, in the County of Jasper, and prescribe its limits; to provide for a Mayor and Councilmen and the officers of said city, and prescribe their powers and duties and the manner of their election; to declare and define the police powers of said city, and provide for all matters of municipal concern and cognizance; to provide that all valid, legal contracts heretofore entered into by the corporate authorities of the Town of Monticello shall be good and valid for or against the City of Monticello, and that all property now held and owned by the Town of Monticello shall be and become the right and property of the City of Monticello, and for other purposes by striking from said Act all of Section 47, relating to public schools in and for said City of Monticello, said Act having been approved December 18th, 1901. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act entitled an Act to incorporate the City of Monticello, in the County of Jasper, and prescribe its limits; to provide for a Mayor and Councilmen and the officers of said city, and prescribe their powers and duties and the manner of their election; to declare and define the police powers of said city, and provide for all matters of municipal concern and cognizance; to provide that all valid legal contracts heretofore entered into by the corporate authorities of the Town of Monticello shall be good and valid for or against the City of Monticello, and that all property now held and owned by the Town of Monticello shall be and become the right and property of the City Monticello, and for other purposes, approved December 18th, 1901, be and the same is hereby amended by striking from said Act all of Section 47

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thereof, relating to public schools in said City of Monticello. Act of 1901 amended. Sec. 47 stricken. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 24, 1920. MOULTRIE CITY OFFICERS, ELECTION OF. No. 678. An Act to amend the charter of the City of Moultrie, Georgia, to provide for the election of the clerk, marshal, and recorder by the Mayor and Board of Aldermen and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act establishing a new charter for the City of Moultrie, in the County of Colquitt, approved November 20, 1901, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1901 amended. That from and after the passage of this Act, Section Four of said charter as amended be stricken and the following be inserted in lieu thereof: Be it further enacted that on the first Monday in October, 1920, and biennially thereafter, there shall be held an election for three Aldermen who shall serve for two years and until their successors are elected and qualified. On the first Monday in October, 1921, and biennially thereafter, there shall likewise be held an election for Mayor and two Aldermen, who shall likewise serve for two years, and until their successors are elected and qualified. New sec. 4. Election of mayor and aldermen. Sec. 2. Be it further enacted, That Section Ten of said charter as amended be stricken and the following be inserted in lieu thereof:

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Be it further enacted, That at the first meeting of the Mayor and Aldermen after their election, they shall elect a marshal, clerk and treasurer; provided, that the clerk and treasurer may be the same person, if thought advisable by the Mayor and Aldermen. They may further elect a city attorney, city physician, superintendent of waterworks and electric light plant, and such other officers as to them shall seem necessary and proper. Each of such officers shall, before entering on the discharge of his duties, take an oath to faithfully discharge said duties, such oath to be prescribed by the Mayor and Aldermen. Such officers shall receive such salary and give such bonds as the Mayor and Aldermen shall prescribe. New sec. 10. Municipal officers. Sec. 3. Be it further enacted, That Section Fortyfour of said charter as amended be stricken and the following be inserted in lieu thereof: Be it further enacted, That the Mayor and Aldermen may, at any time they see fit, elect a recorder, who shall have charge of the police courts of said city, and in case said recorder's court be established, said recorder so elected shall have all the powers of the Mayor so far as trying offenders against the penal ordinances is concerned, and enforcing the penalties prescribed. Said recorder shall receive such compensation as the Mayor and Aldermen may, by proper ordinance, prescribe; Provided, further, that the clerk of said city shall be eligible to the office of recorder. New sec. 44. Recorder and police court. 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, 1920.

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MOULTRIE SCHOOL TAX. No. 453. An Act to amend the school laws of the City of Moultrie, Georgia, to levy and collect an ad valorem tax, in the discretion of the school authorities, of one per cent. and one-fifth of one per cent. (twelve mills), and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the school laws of the City of Moultrie, Georgia, contained in an Act of the General Assembly of the said State, approved August 11, 1909, be amended as follows: That Section 2 of said Act approved August 11, 1909, be amended by striking therefrom the last twelve lines of said Section 2, and inserting in lieu thereof the following language: Act of 1909 amended. In case of necessity the said Mayor and Aldermen, upon a recommendation by two-thirds vote of all members of said Board of Commissioners, shall levy and collect annually, in addition to that now authorized by law, an ad valorem tax not to exceed twelve mills, (one per cent. and one-fifth of one per cent.) on all the taxable property of said city, for the purpose of establishing and maintaining the public schools of said city; provided, that the money so collected shall be used only for the purposes herein set forth. And the Mayor and Aldermen shall pay over said money so collected and as soon as collected, to the treasurer of the City School Commissioners of Moultrie, Georgia. So that said section when so amended, shall read as follows: Sec. 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all the proceeds that arise from the grant of licenses to circuses or other shows traveling through the country and exhibiting under tents and otherwise within the said city of Moultrie shall be immediately

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paid over to the treasurer of the Board of School Commissioners for the said City of Moultrie. In case of necessity, the Mayor and Aldermen, upon a recommendation by a two-thirds vote of all members of said Board of Commissioners shall levy and collect annually, in addition to that now authorized by law, an ad valorem tax not to exceed twelve mills (one per cent. and one-fifth of one per cent.) on all taxable property of said city, for the purpose of establishing and maintaining the public schools of said city; provided, that the money so collected shall be used only for the purposes herein set forth. And the Mayor and Aldermen shall pay over said money so collected, and as soon as collected, to the treasurer of the City School Commissioners of Moultrie, Ga. Schooltax rate. 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, 1920. NICHOLS, TOWN CHARTER REPEALED. No. 470. An Act to repeal an Act and the amendments thereto, entitled An Act to create a new charter for the Town of Nichols, in the County of Coffee, and to consolidate and to declare the rights and powers of said corporation; to authorize and empower the Mayor and Aldermen of said town to purchase or build, establish, maintain and operate a system of public schools, waterworks, electric lights and sewerage for the Town of Nichols; to hold an election on a day specified as now provided by law to determine the question of creating a debt against said town by the issuance of bonds; to provide for the assessment and collection of an annual tax on the property in said town for the purpose of paying the principal and interest

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on said bonds; to confer additional powers upon the Mayor and Aldermen of said town of Nichols, and for other purposes, approved August 15th, 1903, as recorded in the Acts of 1903, page 615, and all other amendatory Acts thereto and particularly an Act entitled Nichols, town charter amended, which Act was approved August 10th, 1915, as appears in the Acts of the Legislature of 1915 at page 761. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act to incorporate the Town of Nichols and to create a new charter for the Town of Nichols, in the County of Coffee, and to consolidate and declare the rights and powers of said corporation; to authorize and empower the Mayor and Aldermen of said town to purchase or build, establish, maintain and operate a system of public schools, waterworks, electric lights and sewerage for the Town of Nichols; to hold an election on a day specified as now provided by law to determine the question of creating a debt against said town by the issuance of bonds; to provide for the assessment and collection of an annual tax on the property in said town for the purpose of paying the principal and interest on said bonds; to confer additional power upon the Mayor and Aldermen of said Town of Nichols, and for other purposes, approved August 15th, 1903, and all Acts amendatory thereof and thereto, be and they are hereby repealed, upon the passage of an Act provided for in the next section of this Act. Act of 1903 repealed. Sec. 2. Be it further enacted, That the provision of this Act shall not go into effect until the passage and approval by the Governor of a new Act having for its purpose the establishment of a new charter for the Town of Nichols, in the County of Coffee, and define its limits and powers and for other purposes. Effective when.

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Sec. 3. Be it further enacted, That all laws in conflict with this Act be and they are hereby repealed. Approved July 31, 1920. NICHOLS, CITY OF, INCORPORATED. No. 651. An Act to provide and establish a new charter for the Town of Nichols, in the County of Coffee; to change its corporate name to the City of Nichols, and to define and describe its corporate limits; to provide a government for said city and to confer certain rights, powers and privileges on same; to continue and confirm certain powers heretofore granted to said corporation and to provide for a waterworks system, an electric light system, and the regulations and ordinances in force in said city as well as all obligations outstanding against it and in its favor; to provide for a Mayor and Council and other officers for the City of Nichols; to prescribe their powers and duties and the manner of their election; to provide for a board of health; to declare and define certain police powers of said city; to provide for the condemnation of private, public or semi-public property for the use of said city, and to define a method of arriving at the value of said property and compensation to the owner thereof; to authorize the establishment of a school system in said city; to provide for taxation and the granting of licenses to all kinds of business, trades, callings and professions; to declare and constitute the powers and rights of said corporation; to prescribe the rights and powers, duties and liabilities and qualifications of all officers and the manner of their election and removal from office; to provide for the retention in office of the present officers of said city until the election provided for in this charter

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is held; to provide for the manner and time of holding elections for municipal officers in said city; to provide for the qualifications of the voters therein; to provide for a Mayor's Court or police court and the trial and punishment therein of all offenders against the laws of said city, and the manner of appeal therefrom; to provide for a city chain-gang and stockade and the working of prisoners on the streets of said city and elsewhere, and the regulation and management of same; to grant and regulate franchises; to provide rules and regulations governing public service corporations; to provide for opening, laying out, establishing and maintaining streets, avenues, lanes, alleys, sidewalks and crossings in said city; to abate nuisances; to provide for the assessment, levy and collection of an ad valorem tax on all property, real and personal, for general purposes, to authorize the assessment and collection for a tax for street work and improvements; to provide for the taxation and license, in addition to business, trades and professions, on shows, exhibitions, entertainments, and other things in said city to provide for the searching for intoxicating liquors and the seizure and destruction of the same and the punishment of offenders; to grant encroachments on the streets; to force the connection of all closets, etc., with sanitary sewers; to provide for the general policing and all other police laws and the general welfare of the inhabitants of said city; to provide for all matters and things necessary or proper and incident to a municipal corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the name of the municipal corporation heretofore existing in the County of Coffee, said State, under the name of the Town of Nichols, be and the same is hereby changed to the City of Nichols and said municipal corporation is hereby reincorporated and

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made and continued as a body corporate and politic under said name of the City of Nichols, without any break in the continuity of its existence, it being the same corporation under a new name, and under said name said city shall have perpetual succession, and the right to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to have and use a common seal, to do such things as may be needful for the government, good order and welfare of said city and its inhabitants, to exercise such rights, powers, functions, privileges and immunities as belong to municipal corporations generally under the law, as well as those hereinafter generally enumerated, and to do all other acts and things relating to its corporate capacity; and also under said name to purchase, hold, lease, receive, enjoy, possess and retain for the use and benefit of said city any property, real or personal, of whatever kind or nature soever within the limits or without the limits of said city, for corporate purposes, and to hold all property and effects now belonging to said municipal corporation for the purposes and intents for which the same were granted or dedicated; and to use, manage, improve, sell, convey, rent or lease, or otherwise deal with any and all property at present owned or which may be hereinafter acquired by said city. Corporate name. Succession and general powers. Sec. 2. Be it further enacted, That the corporate limits of said city shall be as follows: Beginning at a point in the center of Thompson Avenue at the intersection of Thompson Avenue with West Street, said avenue and street being laid out according to a survey and map of said City of Nichols made by the Deen Realty and Improvement Company, thence from said beginning point running 1 degree 30 minutes West along the west side of West Street and a continuation of said degree 6,700 feet to a stake; thence N. 89 E, 6,100 feet to a stake in the east fraction land line, thence south along and with said east fraction land line 6,700 feet, to a stake on a straight line with said Thompson avenue, thence S. 89

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W. to and with said Thompson avenue 6,100 feet to the point of beginning, and including and embracing herein the whole of said Thompson avenue and West Street, as well as all the property enclosed in said four given lines; said boundary embracing portions of lots of land Nos. 499, 500, 513 and 514 in the sixth land district of Coffee County, Georgia. Territorial limits. Sec. 4. Be it further enacted by the authority aforesaid, That the government of the City of Nichols shall be vested in a Mayor and a Board of Aldermen to consist of five members. The present Mayor and Council of the City of Nichols shall continue in office until the expiration of the term for which they were elected and until their successors and associates are elected and qualified, and shall have and execute all rights, powers and duties heretofore conferred on said Mayor and Aldermen under the charter of the Town of Nichols, as well as all the rights, powers and duties hereby conferred on the Mayor and Aldermen of the City of Nichols created by this Act; and all ordinances, rules and regulations of the old corporation of the Town of Nichols not repugnant to this charter are hereby expressly continued in full force and effect until the same are repealed, annulled, amended, changed or modified by the authorities of the City of Nichols; and all officers elected or appointed by the Mayor and Aldermen of the old corporation of the Town of Nichols shall continue to hold their offices and discharge the duties thereof until the expiration of the terms for which they were elected or appointed, unless sooner removed for cause by the said Mayor and Aldermen and until their successors are elected or appointed. Government. Mayor and aldermen. Ordinances, etc., continued of force. Sec. 5. 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. 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, and shall see that all officers of the city properly perform their

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duties and shall in all things exercise a general supervision of the city's affairs, making such recommendations to the Aldermen from time to time as may to him seem proper for the public good. Mayor's duties and powers. Sec. 6. The members of the Board of Aldermen, together with the Mayor, shall constitute the legislative department of the government of said city, and as such, no less then the Mayor, it shall be their duty to exercise a watchful care over all the city's business and interest, and more especially to initiate and propose such municipal legislation as may to them seem proper and needful. Aldermen. Sec. 7. Be it further enacted, That a majority vote of the Aldermen shall be sufficient to pass any resolutions, rule or ordinances, but the Mayor shall be clothed with the power to veto, and the revision of all ordinances, rules and regulations, before they shall become effective shall be approved by the Mayor, but four members of the Aldermen concurring shall be sufficient to pass an ordinance, rule or regulation notwithstanding the Mayor's dissent or veto, and any such ordinance, rule or regulation shall become effective, if passed by a majority of the Aldermen unless disapproved within five days by the Mayor. Votes and veto. Sec. 8. Any male person shall be eligible to the office of Mayor or Aldermen of the City of Nichols who at the time of his election is a bona-fide resident of said city and who has so been such bona-fide resident for twelve months prior to the time of his election, and who shall have paid all taxes due said city by him, except for the year in which he may be elected and shall have reached the age of twenty-one years, and shall be a qualified voter in said city. Voters qualified. Sec. 9. Be it further enacted, That said Mayor and Aldermen shall be elected on the third Saturday in December of each year. All elections for Mayor and Aldermen and elections on any questions submitted to the voters of said city shall be held at the courthouse, and at

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such other places as are now or may be hereafter established by law or the ordinances or resolutions of said city. 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 and conducted in the same manner and under the same rules and regulations as are elections for members of the General Assembly. In cases of elections for Mayor and Aldermen the superintendents shall deliver certificates to the persons whom they shall find to have been elected to the offices of Mayor and Aldermen, respectively. The qualifications for voters at any such elections shall be the same as required of persons voting for members of the General Assembly of this State, and in addition thereto residence within the corporate limits of said city for six months next preceding the election, and the payment of all taxes legally required of them, except for the year in which they offer to vote, by said corporation. Elections of mayor and aldermen. Sec. 10. Be it further enacted, That on the first Monday in January in each year, or so soon thereafter as practicable, the newly elected Mayor and Aldermen shall take the oath of office. The Mayor shall, before the retiring Mayor or before some officer of the State or county who is authorized to administer an oath, take and subscribe to the following oath, or he may affirm thereto: I (name) do solemnly swear that I am duly qualified under the laws of this State to serve as Mayor of the City of Nichols; and that to the best of my ability I will promote and protect the interest of said city, and faithfully discharge all of the duties incumbent upon me as Mayor of the City of Nichols, so help me God, and such Alderman, before entering upon the discharge of his duties, shall take and subscribe the following oath: I (name) do solemnly swear that as Alderman of the City of Nichols, I will impartially and to the best of my ability promote

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the interest and prosperity of said city, and all of the inhabitants thereof, without fear, favor or affection, so help me God, which oath shall be taken before the Mayor, or in case of his absence or inability before any officer authorized to administer oaths. Oaths of office. Sec. 11. Be it further enacted, That additional officers of the government of said city shall be a clerk of Council, who shall also be the treasurer of said city; marshal (who shall be chief of police), and such other officers, agents and employees as may be provided in this Act, or as said Mayor and Aldermen may deem necessary, and the said Mayor and Aldermen shall prescribe the duties and fix the salaries of all such officers, agents and employees. All of said officers named shall be elected by the Mayor and Aldermen of said city, each of said Aldermen having one vote, and a majority of the whole Board shall be required to elect, the Mayor having a vote only in case of a tie. The terms of all and each of said officers shall be one year (but the Mayor and Aldermen shall have the power to remove at any time any officer for inefficiency or neglect of duty), and they shall take such an oath and give such bond for the faithful performance of their respective duties as may be prescribed by the said Mayor and Aldermen. All such officers shall be elected by said Mayor at the first regular meeting in January of each year, or so soon thereafter as possible. The salary or compensation of no officer of the city government shall be increased or diminished after the election of such officer and during the term for which he shall have been elected, and all such officers shall hold their offices respectively until their successors are duly elected and qualified, unless sooner revoked by the Mayor and Board of Aldermen; and in case of a vacancy in any of said offices the same shall be filled by the Mayor and Board of Aldermen at any regular or called meeting. Municipal officers. Sec. 12. The Mayor and City Council may also appoint special policemen, when in their judgment such

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appointment may be necessary. Such policemen shall be discharged when the emergency requiring their service has passed, and to be compensated as the Mayor and City Council may determine; or the City Council may by ordinance provide for the appointment by the Mayor at a fixed compensation per day, week or month of such special policemen. When such policemen are on duty they shall have the same authority, and be charged with the same duties as prescribed for the regular policemen of the city. Special policemen. Sec. 13. Be it further enacted, That in no case shall the corporation herein created be liable for damages to any person or persons for any unlawful or unauthorized arrest or false imprisonment made or effected by the marshal, chief of police, or any other policeman of said city, but if damages are ever thus sustained they can only be recovered out of the officer or officers whose unlawful or unauthorized conduct may have produced them. Non-liability for unlawful arrests, etc. Sec. 14. Be it further enacted, That the Mayor and Council of said city shall have power and authority to employ an attorney-at-law to render such legal services as may be necessary from time to time for the welfare and the interest of said town, and to pay him such a sum as may be reasonable and just for his services from the funds raised by taxation. Attorney. Sec. 15. Be it further enacted, That in case the office of Mayor of said city shall become vacant from any cause the Board of Aldermen of said city, at either a regular or call meeting, shall order an election for Mayor to fill such vacancy, which said election shall be advertised in a public gazette published in the City of Nichols, or by posting notices at three or more public places in said city for not less than five days prior to said election; and the person elected shall hold his office until the next regular election for Mayor, and until his successor is elected and qualified; and in case any

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vacancy should happen by death, resignation, removal or otherwise, of any Alderman of said city, said vacancy may be filled by said Mayor and Board of Aldermen. Vacancy in office. Sec. 16. Be it further enacted, That should the Mayor or any member of the Board of Aldermen be guilty of malpractice in office, wilful neglect, or abuse of the powers conferred upon him, or shall be guilty of any other act or acts unbecoming an officer of the City of Nichols, he shall be impeached by the Board of Aldermen, by a majority vote of the entire Board of Aldermen of said city, and upon conviction shall be removed from office. Malpractice or neglect. Sec. 17. Be it further enacted, That the Mayor and Board of Aldermen, or a majority of them, shall have the right at any regular meeting to elect one of their body as Mayor pro tem., who shall, in case of any vacancy in the office of Mayor, and during the absence from the city or disability of the Mayor, exercise all the powers and discharge all the duties as Mayor until such vacancy has been regularly filled, or until the return of the Mayor or the removal of his disability; and at such regular or called meeting, when neither the Mayor nor the Mayor pro tem. are present, or when both of said officers are absent from the city at the same time, the Board of Aldermen shall designate one of their number to preside over their meetings and discharge the duties of Mayor until the return to the city of one of said officers. Mayor pro tem. Sec. 18. The said Mayor and Aldermen shall have full power and authority, from time to time, to make and establish rules, laws, ordinances, regulations and orders as may to them seem right and proper respecting streets, railroad crossings, street railways, automobiles, vehicles of any kind propelled by gasoline or electricity, bicycles, carriages, drays, hacks, wagons, airships, livery stables and sales stables, warehouses, storage houses, hitching places, markets, slaughter houses,

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butcher pens, public houses, hotels, boarding houses, sleeping apartments, restaurants, cafes, opera houses, theaters, picture shows, and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusement; garages, shops, mills, factories, ginneries, barber shops, soda fountains, telephone and telegraph companies, gas, water and light and electric companies, power companies; also the manner of erecting the wiring telegraph and telephone poles within said city; booths, stands, tents and all and every other matter and thing whatsoever that may be by them considered necessary or proper or incident to the good government of said city. and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city, and for preserving the peace, good order and dignity of said government. This enumeration of powers shall not be construed as restricted to said powers alone, but shall include all and every other thing and act necessary or incident to municipal government, and shall not conflict with any special power or authority given said city government by this Act or by any Act or Acts heretofore passed, but shall be construed as in addition to and in aid of such powers, that are not repealed by this Act. Regulation of sundry matters. Sec. 19. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have power and authority to grant franchises, easements, the right-of-way over, in, under and on the public streets, lanes, alleys, sidewalks, parks and other property of said city, upon such terms and conditions as said Mayor and Council may fix. Franchises and easements. Sec. 20. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have the authority and power to widen, extend, straighten or otherwise change any street, laneway or square in said city, and open, lay out and establish any new street,

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alley, laneway or square of whatever nature, same being done in accordance with resolutions or ordinances duly passed by said Mayor and Aldermen. After ten days notice to the party at interest said Mayor and Aldermen may cause all encroachments or obstructions of a permanent nature, or which in the judgment of said Mayor and Aldermen ought not to be allowed along or upon any street, alley, lane, way or square in said city, to be removed; and whenever such encroachments along or upon said streets, alley, lane, way or square is laid out, then no compensation shall be allowed or made for the removal of same. But whenever said Mayor and Aldermen shall exercise the power to widen the same, extend or straighten a street, alley, lane or way or square, and the compensation can not be agreed upon between said city and the owner of said property, there shall be appointed three arbitrators, one by the Mayor and Aldermen, one by the owner of said land, and the other by the arbitrators so chosen, of character and responsibility, who shall assess the damages sustained by the owner or owners of the land over or through which pass streets, alleys, lanes, ways or squares so widened, extended, straightened, opened, laid out or established, and which is taken for the purpose, and from which award an appeal can be had to the Superior Court by either party dissatisfied with such award. A majority of the arbitrators can make the award. The submission shall be in writing; the return shall be written and filed in the office of the clerk of the Superior Court of Coffee County within ten days after it is made; and the appeal can be entered within ten days after the filing of the award. The arbitrators shall be sworn to make a just and true assessment of the damages, considering the value of the land and the benefits the owner is to receive from the opening of such streets, etc. If the owner of such land refuses to act, or is a minor, or is insane, upon the fact being shown to the Ordinary of Coffee County, he may appoint the arbitrator for such

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owner. The award, when so filed and not appealed from, shall be the judgment of the Superior Court of Coffee County, and execution may at once issue upon the same for the amount thereof as other executions are issued. In case of appeal as above provided for the Court shall cause the issue as to such damage to be made up and tried as other appeal cases. The entering of an appeal shall in no case hinder or delay the city in widening, extending, straightening, opening, laying out or establishing any such street, alley, lane, way or square as aforesaid, but the same may proceed from the time the award in such condemnation is filed in the office of the clerk of the Superior Court, but before the commencement of said work tender shall be made of the amount of such award. In the event the City of Nichols is not dissatisfied with said award it shall pay to the clerk of the Superior Court the amount so found to be due by said assessors or arbitrators. If the city is dissatisfied, and the appeal is entered by it, it shall give bond, with security for the payment of the amount adjudged to be due by it on the final hearing of said case. Should no appeal be entered within ten days, and the City of Nichols should fail or refuse to pay the amount of the award and should proceed with the work, then the clerk shall, upon application of the owner or Ordinary, where he is authorized to act, issue execution on said award, and proceedings thereon shall be had as in cases of judgments and executions in the Superior Court of Coffee County. But the City of Nichols shall have the right, after said award is filed, to abandon its purpose of widening, extending, straightening, opening, laying out or establishing said street, alley, lane, way or square, in the event the Mayor or Aldermen of said city should consider that the sum found to be due would, in their judgment, make said land so sought to be condemned too expensive to said city. But in such event said city shall pay all costs of said award. Streets; opening, changng, etc. Arbitration and award of compensation. Appeal. Abandonment.

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Sec. 21. Be it further enacted, That the Mayor and Aldermen of said city shall have the authority and power, by ordinances or resolutions, to order and require the owner of any lot to make such pavements or sidewalks, and repairs of the same, as they may deem necessary, or to pave one-half of the street next such lot, or to fill up any such lot to any grade of the streets of said city as they may think best; and if such owner fails or refuses to do so in thirty days or begin such work in good faith in twenty days after he is served with a copy of their order in regard to the same, which order shall be served by the marshal or any other officer of the city, by handling such owner personally a copy thereof certified by the clerk of Council, or by leaving it at such owner's most notorious place of abode, then and in that event unless Council grants further time, said Mayor and Aldermen shall be empowered to lay such sidewalks. pave such streets, repair such pavements or streets, or fill up or grade such lot at the cost and expense of such owner, and issue execution against such owner for such amount as it cost them to do said work and all costs, which execution shall be issued, levied, returned and disposed of as a tax execution against owners of property returned and for these purposes the person returning and claiming such lot for town taxes shall be regarded and taken to be the owner thereof, and if two or more make return and claim to such, the authorities may proceed against all or either of them, and leave to them the settlement of the question as to who, in fact, is owner and liable for all or if either of them shall be liable, as between them and said authorities to do said work in the first instance, and for the cost of being done by said authorities as aforesaid in the second instance; and when no person returns or claims said property as shall be required to be filled up or graded or paved either for sidewalk or street or for filling in or so to be so required, as above mentioned, then no notice shall be given but said Mayor and Aldermen shall note the fact

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and at once proceed to do such work, and then issue execution for the amount of the same and cost against the property as tax executions issue for taxes against nonreturned property; and all provisions as to sales of nonreturned property for taxes shall be followed and applied in each instance. The material to be used in constructing, paving, repairing or otherwise improving the streets and sidewalks and curbing the same, the character of the improvements and all similar questions, shall be within the discretion of said Mayor and Aldermen, and nothing in this Act shall be so construed as to require all sidewalks and streets to be made of the same material or improved in the same manner. In the event that property shall be sold under executions for amount of such improvements of streets and sidewalks as above provided, the deeds made to the purchaser by the proper officers of said city shall be just as valid to purchasers as if made under the ordinary process of law issuing from the Superior Courts of this State; and provided that such sale shall be subject to the right of redemption by the owner as in tax sales, and provided further, that said municipality may have authority to purchase property at any such sale when it is deemed advisable for said city to make such purchase as in tax sales allowed. Pavements of sidewalks and streets. Executions. Sales. Sec. 22. Be it further enacted, That the Mayor and Aldermen are hereby vested with powers to establish fire limits in said city and to prohibit the erection of any wooden building or structure, or such other kind or kinds of buildings or structures as will in the opinion of said Mayor and Aldermen increase the fire risks in such part of the City of Nichols as they may designate as the fire limits, and may change and enlarge said fire limits when deemed necessary, and may exercise and use such supervision and control over the construction of the houses and material used therein, and the erection of awnings and sheds, of stovepipes, chimney flues, and other means of heating as may be necessary

Page 1343

and proper to guard against conflagration, and may require building permits to be issued before the erection or repair of any building or structure, which permit shall specify the material to be used and the manner of use in such erection or repair of buildings or structures. The said Mayor and Aldermen shall have supervision and control of all warehouses, cotton presses, cotton gins, cotton and lumber yards, and naval store yards, garages and other places in said town where materials of an inflammable nature are stored, and may prohibit smoking on or near, or the careless using of fire about cotton compresses, cotton gins, cotton warehouses, cotton yards, or other places where it is stored or kept, or may be placed. The said Mayor and Aldermen shall have power and authority to remove any forge, smithshop or other structure within the city, whenever in their opinion it shall be necessary for protection against fire, and shall have the power to cause any stovepipe, or any other thing or matter that will endanger the town as to fire, to be removed or remedied, as their prudence may dictate; and they may summarily declare such to be dangerous without notice to any one, and remove the same instanter; and whenever it shall appear to them that any decayed, unsound or unsafe house, building or structure of any sort, is dangerous to pedestrains or persons passing, or is endangering the public health of said city, or of any portion of the inhabitants thereof, or of any locality therein, or is likely to produce disease, they may summarily condemn it by resolution or ordinance, and may cause it to be torn down by the marshal or police; and whenever, in their opinion, it is necessary to burn any property, clothing or whatever else to prevent the introduction or spread of infectious or contagious disease, they may, with the advice and counsel of the health officer and the majority of the Board of Health, if there be such officers, and if not, without such advice and counsel, do so instanter, and the marshal or other officer directed

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shall obey such order, and in all such cases they or any officer assisting in the performance of such order or resolution, shall not be liable to answer therefor in any court having jurisdiction, except for gross neglect and extreme want of care, coupled with malice and without any probable cause to suspect such actions were not for the public good, and every presumption shall be in favor of such act having been lawful when done; provided, that whenever any property shall have been destroyed under the provisions of this section, the City of Nichols, in its corporate capacity, shall be liable to the owner thereof for the actual cash value thereof, and shall not be liable for any prospective profits or speculative damages or punitive damages in connection therewith. Fire regulations. Summary condemnation. Non-liability. Damages. Sec. 23. Be it further enacted, That said Mayor and Aldermen shall have full power and authority to provide quarantine regulations and to establish a quarantime and against any place, person or district in order to guard against the introduction of any contagious or infectious diseases; to provide that all persons coming into or passing through the city shall show a proper health certificate; to enforce all quarantine regulations by sufficient penalties; also to provide for the frequent and compulsory vaccination of all persons in said city, to provide that school children shall be successfully vaccinated before being allowed to enter the public schools of said city and to provide and enforce suitable and adequate penalties against any all persons who shall refuse to submit to vaccination in accordance with the rules and regulations governing the matter. They shall also have authority to provide for the isolation of those affected with or exposed to contagious or infectious diseases, and to establish and maintain pest houses, and to provide for the confinement of persons having such diseases therein, and for rules governing the same, and to enforce such rules by appropriate penalties. Quarantine. Vaccination. Diseases.

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Sec. 24. Be it further enacted, That the Mayor and Aldermen shall have power and authority to elect a health officer, who shall be a reputable practicing physician, and whose term of office shall be one year, and whose duty and compensation they shall prescribe and regulate, but when once fixed it shall not be increased or decreased during the term of an incumbent. Said Mayor and Board of Aldermen shall also have power and authority at any regular meeting, to elect a Board of Health, to consist of such number of members and for such term of office as they may prescribe. The members of said Board of Health shall be each over twenty-one years of age, a bona fide citizen of said city, and shall take the following oath of office before an officer authorized to administer an oath: I do solemnly swear that I will well and truly discharge all the duties required of me as a member of the Board of Health of the City of Nichols, so help me God. Said health officer and said Board of Health shall exercise the functions of their office over said entire quarantine area above defined. Said Mayor and Aldermen shall define by ordinance the duties and powers of said Board of Health not inconsistent with the laws of the land. Health officer. Board of health. Oath of office. Sec. 25. Be it further enacted, That said Mayor and Council shall have full power and authority to prescribe the kind of water closets to be used inside the corporate limits of said town, and to prescribe the kind of urinals and drains or other receptacles for filthy matter, and shall have full power and authority to condemn any closet, urinal or other place for the deposit of filthy matter which does not comply with the rules prescribed by said authorities, or which may be detrimental to the public health or safety, and to this end they may lay sewer pipes and drains along the streets of said city or across private property by condemning the same, and shall have the power and authority to compel the property owners abutting on said line of sewerage to connect therewith, or in case of their failure, to connect them at

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the cost and expense of the property owner and collect the same by executions, and prescribe the amount to be paid for connecting with sewer lines and for the use thereof. The Mayor and Aldermen of said city are hereby authorized, whenever they shall deem same expedient in their discretion, to make an assessment on the various lots owned in said city for sanitary purposes, not to exceed three ($3.00) 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 the assessment; the execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said city, and the amount so collected shall be used for sanitary purposes only. Said Mayor and Aldermen shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, no lot shall be less than twenty feet front; further, that the assessment provided in this section shall not be made on vacant lots, except by 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 regulations. Sec. 26. Be it further enacted, That all persons liable to perform road duty by the laws of this State shall be liable and subject to work on the streets of said city not to exceed ten days in each year, or to pay a commutation tax in lieu thereof not to exceed five dollars ($5.00), as the Mayor and Aldermen may determine. Should any person liable to work the streets of the city under this section fail or refuse so to do, or to pay his street tax assessed in lieu of such services, after having received due notice so to do on or before the

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last day, as the said Mayor and Alderman by ordinance may require, such person may be sentenced by the Mayor to work upon the streets of said city for and the term of not exceeding ten days, under direction and control of the proper officer, or be confined in the guardhouse for a term not exceeding ten days, in the discretion of the Mayor. Thirty days continuous residence in the corporate limits of said city shall be sufficient to constitute a person a resident of said city so as to subject him to liability to do street work. Street work. Tax. Penalty. Sec. 27. Be it further enacted, That said Mayor and Council shall have the power and authority by resolution or ordinance to provide suitable regulations on the subject of drainage, sewerage and plumbing, and all and everything else that may be necessary for the improving of the sanitary condition of said city. Said Mayor and Council are authorized to lay down sewers through private property in said city; provided, however, that before so doing they regularly condemn such private property by the methods hereinbefore laid down for the taking of private property by said city. Drains, sewers, etc. Sec. 28. Be it further enacted, That said Mayor and Council shall have power and authority, upon recommendation of the Board of Health, to cause the owner of lots or parcels of lands in the city to drain the same or to drain any pond or pool of water thereon; also to compel the owner or owners of cellars occasionally holding water to cause the same to be emptied of water or filled up if necessary, and in case the owner of such parcels of lots of land, or cellars, shall fail or refuse, after reasonable notice (such notice to be judged of by Mayor and Council) to him or his agent, to comply with the requirements of the Mayor and Council, it shall be lawful for said Mayor and Council to employ proper persons to perform such services; and for all expenses incurred in so doing the clerk of the city shall issue execution against said property or the owner or

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owners thereof; and a sale under such execution by the city marshal or his deputy shall pass the title to said property as completely to the purchaser as a sale under judgment and execution from the Superior Courts of this State. Drainage of lots. Sec. 29. Be it further enacted, That said Mayor and Council shall have full power and authority to require the owner of any improved property, his agent or the tenants in possession, to provide suitable privy or water closet accommodations upon such premises to be located at such places on said premises as said Mayor and Council shall by ordinance prescribe. Water-closets. Sec. 30. Be it further enacted, That the Mayor and Aldermen shall have full power to protect all 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 to fix penalties for the violation of the provision of such ordinances; to regulate the sale of ice and milk, and to provide for the inspection of the same; to regulate or prohibit the running at large within the limits of said city of horses, mules, cows, goats, sheep, cattle, hogs or other animals, and to take up and impound the same, and to regulate and control the keeping of dogs within the city, and to provide for a tax on dogs and for taking up and impounding the same. Places of worship. Cemeteries. Ice and milk. Animals at large. Sec. 30. Be it further enacted by the authority aforesaid, That the Mayor, or in his absence or disqualification, the Mayor pro tem., or in case of the absence or disqualification of both the Mayor and Mayor pro tem., any member of the Council may hold a court to be called the Mayor's Court, for the trial of all offenders against the laws and ordinances of said city as often as may be necessary. Said Court shall have full power to preserve order, compel production of books

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and papers to be used as evidence, and to punish for contempt. The punishment for any violation of a city law or ordinance when not otherwise provided in this Act, or for contempt, shall be a fine not exceeding one hundred dollars and imprisonment in the city jail or in the county jail, by permission of the county authorities for a period not exceeding ninety days work on the streets, or such other places where the offender may be lawfully placed at work under this charter for a period not exceeding ninety days, one or more or all of these punishments in the discretion of the trial court. For any violation of the laws or ordinances of the said City Council, after a person is convicted by said Court, he shall have the right to appeal from the judgment of said Court to the City Council; provided, the appeal be entered instanter, and bond for his appearance to abide the decision of the City Council to be given, said bond to be approved by the chief of police or city attorney. At the trial of such appeal the Mayor, Mayor pro tem., or any member of the City Council, may prescribe, and it shall require three voters of the Council to reverse the judgment of the Court from which the appeal was made. In the event such sentence or judgment is reversed, the said City Council may proceed to either acquit the offender or impose such sentence as they may see proper, consistent with the provisions of this charter. And in the event such sentence is affirmed there shall be no need to pronounce a new sentence upon the offender, but the original sentence shall at once be enforced, unless suspended in accordance with the laws governing certiorari under the existing laws of the State of Georgia, the right of certiarori in accordance with said laws being hereby given. Mayor's court. Powers. Punishment. Appeal. Certiorari. Sec. 31. Be it further enacted by the authority aforesaid, That said Mayor or other party holding Court under this Act shall have authority to punish for contempt by fine not to exceed twenty dollars ($20.00) or confinement in the guard house not to exceed twenty days,

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either or both in his discretion. There shall be kept in said city hall one or more dockets, on which shall appear the name of each person arrested by the officers of the city for an offense against the municipal ordinances or laws in force within the jurisdictional limits of the city, and a brief and clear statement of the offense with which such person is charged. Upon the trial of such person, the sentence imposed or the disposition made of the case shall be entered in writing opposite the name and charge by the Mayor or other presiding Judge of said Court, which respective entries shall be signed by the Mayor or other presiding Police Court Judge in such cases. Said Mayor's Court shall have power to compel the attendance of persons charged with the violation of any of the city ordinances or laws of the city, by summons, which summons shall be issued by the clerk of Council, and bear test in the name of the Mayor, and shall set forth the nature of the charge of case, and the time set for trial on hearing, and shall be served on the defendant by any officer or member of the police force. Likewise said Court shall have power to compel the attendance of witnesses in all proceedings by issuing subpoenas which shall be similarly attested, issued and served. Contempts. Dockets. Compulsory attendance. Sec. 32. Be it further enacted, That all trials in the Mayor's Court of said city shall be had without written pleadings of any kind unless the defendant shall, upon the calling of the case, file a written demand with the city clerk that an accusation, in writing, shall be preferred against him, in which event a written accusation, in form substantially as follows: Georgia, Coffee County, City of Nichols..... In the Mayor's Court of the City of Nichols: I,....., marshal (or policeman) of said city, in the name and behalf of the City of Nichols, charge and accuse..... of the offense of..... contrary to the laws and ordinances of said city, the good order, peace and dignity thereof, shall be preferred against the defendent,

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signed by the officer making or prosecuting the case, and filed in said court, whereupon the defendant shall enter his plea thereon in writing and the issue being thus formed the case shall proceed to trial and disposition. Accusation. Plea. Sec. 33. The cases before said Court shall be tried as speedily as possible, with due regard to the rights of the accused, and of the city; continuance may be granted by the Court upon proper showing made, in accordance with the rules governing such matters in the Superior Courts of the said State, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding Judge. Trials. Sec. 34. Be it further enacted, That when any person who is charged with an offense against the law or ordinances of the city, or who is arrested for such offense, shall give bond for his or her appearance at any session of Mayor's Court, and if such person shall fail to appear at the time appointed in said bond, then and in such event said bond shall be forfeited and the amount of the same collected from the principal and sureties thereon in a manner to be provided for by ordinance of the city, and said Mayor and Aldermen are hereby expressly authorized and empowered to provide by ordinance for the forfeiture and collection of such appearance bonds similarly to the way in which they are forfeited in the Superior Courts in this State, and said Mayor's Court is hereby clothed with full power and authority to forfeit said appearance bonds and judgment upon the same for the amount thereof, in the same way that Superior Courts grant judgment. On the entering of such judgment, the clerk of the City Council shall issue an execution against the principal and sureties on such bonds in conformity with such judgment; and in the form and manner prescribed for executions, issued by the city for taxes, which executions shall be placed in the hands of the city marshal who shall proceed

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to enforce and collect the same, as tax executions of the city are enforced and collected. Appearance bonds. Forfeiture. Sec. 35. Be it further enacted, That in any case where any person charged with an offense against ordinances of the city or shall be under arrest for such offense, he may deposit with the clerk or marshal a sum in cash as a bond for his appearance before the Mayor's Court in lieu of a personal bond; and where cash has so been deposited as such bond, and similarly where some other party has deposited a sum of money for the appearance of such person in said Mayor's Court, then and in that event such person does not appear at the time appointed, for whose appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the Mayor or Police Court, entered upon the Mayor's Court docket, and shall be paid over to the city treasurer as the property of said City of Nichols. Cash bond. Forfeiture. Sec. 36. Be it further enacted, That said Mayor and Aldermen shall have the power to provide by ordinance for the charge and collection of all items of costs in cases brought into said Mayor's Court, such as are usually incident and lawfully chargeable to the prosecution of said cases, same to be added to the amount of the fines as imposed and collected, and then to be paid over to the proper officers for whose use they are charged. The clerk of the City Council, and the marshal of the city, or such police officer as he may deputize, shall be the clerk and marshal respectively of said Mayor's Court, and shall serve same in such capacity, and their duties and fees or costs for their services in said Court, when same are collected along with the fines, as above provided, but not otherwise. They shall not be entitled to any payments on account of insolvent cost. Costs. Officers of court. Sec. 37. Be it further enacted, That upon complaint filed with the Mayor, or in his absence or disability to

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act, the Mayor pro tem., by affidavit or in such other manner as may appear to him sufficient, that any person has violated any municipal ordinance or law of the city, said Mayor or Mayor pro tem. shall have the power to sign and issue a warrant for the arrest of said offender, which warrant shall be directed to the chief of police, or any member of the police force of the city, or the marshal or any watchman of the city, or any other person authorized and empowered to make arrests by the ordinances of the city. Arrests, however, may be made by any of the officers or persons who are thereunto duly authorized as aforesaid, without a warrant if the offense is committed in the presence of the arresting officer, or if the defendant is endeavoring to escape, or if for any other cause there is likely to be a failure of justice for want of an officer to issue a warrants. Arrests by said city officers may likewise be made in the one-mile zone lying outside of the city limits as now defined, or as may hereafter be constituted, as provided for in a previous section of this Act, and likewise the officers of the city may follow violators of the laws and ordinances of the city, and who are endeavoring to escape, and arrest them in such flight wherever they may be found in the State. Arrests on warrants and otherwise. Sec. 38. Be it further enacted, That it shall be the duty of the chief of police, by himself, or through the force under him and at his command, at all times, day and night, to preserve the public peace, good order and tranquillity of the city and its inhabitants, to prevent the commission of crime, and arrest offenders, to protect the rights of persons and property; to provide proper police force, and protection at fire; to protect strangers and travelers at railway stations; to suppress riots and insurrections; to disperse unlawful and dangerous assemblages which obstruct the free passage of public streets, sidewalks, parks and other places; to preserve order at elections, and at all public meetings and assemblages; to regulate movements of teams and

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vehicles in the streets, and to prevent the violation of all laws and ordinances in force applicable to the police of the city. He will be held responsible for the good order of the city, and the general good conduct of the officers and men under him. The police of the city, including those holding temporary appointments, and night watchmen shall be subject to the general control of the chief of police. The city may pass ordinances from time to time, regulating the chief of police, and the police force of the city; and may clothe watchmen at private plants or factories, and also railroad watchmen, with police powers. Chief of police; duties. Sec. 39. Be it further enacted, That there shall be a fire department maintained and operated by said city under such rules, regulations and ordinances as the Mayor and Aldermen may prescribe and such as already exist. It shall consist of a chief and sufficient number of men, and they shall receive such salaries and be employed at the pleasure of the City Council. The chief shall be the executive head of the department, and shall be responsible for good order and efficiency of the same, and shall make such reports to the City Council of the condition of the department as may be required. Fire department. Sec. 40. Be it further enacted, That the Mayor and Aldermen of the City of Nichols shall have full power and authority to organize and establish a chain-gang in said town, in which chain-gang all parties convicted of a violation of any ordinances of said town, and who shall fail to pay the fines assessed against them, shall be required to work for such time as in their judgment may seem proper, not in conflict with the charter, and said Mayor and Aldermen are hereby vested with power and authority to pass such rules, regulations and ordinances as will effectually maintain, control and manage said chain-gang, and to create the office of warden or whipping boss for said chain-gang, and to prescribe rules and regulations by which he shall be

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governed in the discharge of his duties as such. No whipping shall be administered to any convict in said chaingang by said whipping boss or other person or officer having them in charge except in cases where the same is reasonably necessary to enforce discipline or compel work or labor by such convict. Whenever a whipping is administered to a convict it shall be entirely private, but in the presence of at least two responsible persons, nor shall it be done in a place where the public generally will be attracted. The whipping boss or other person in charge of said convicts may be discharged at any time, in the discretion of the Mayor, or by a two-thirds vote of the Mayor and Aldermen acting together. Chain-gang. Whipping. Sec. 41. Be it further enacted, That the authorities in charge of said chain-gang shall have prepared and published full and complete, reasonable and humane rules and regulations for the government of the convicts under their control, which rules may be amended as the occasion may require, but shall specifically prescribe powers and duties in all respects of the superintendent, commissioner, guards, whipping boss or other person connected with the management of convicts, as to care, keeping, control, work and discipline of convicts. Rules for convicts. Sec. 42. Be it further enacted, That no superintendent, commissioner, guard, whipping boss, or other person or employer of convicts shall be personally responsible or liable for any injury or damage to any convict resulting from the employment, care, keeping, control, work and discipline of convicts who are under the direction of said governing authorities respectively in accordance with reasonable and humane rules and regulations adopted as aforesaid. Non-liability. for injury. Sec. 43. Be it further enacted, That white and colored convicts shall not be confined together, nor shall they be chained together at any time or place; nor shall female convicts be confined in the same compartment with male convicts, and should be worked separately so

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far as practical. If any person convicted in said Mayor's Court and sentenced to work on the chain-gang, shall escape before completing the time of said sentence, upon a warrant issued by the Mayor of said town, the same may be arrested in any part of this State by the marshal of said town or by any other officer authorized to make arrest. And said party so escaping may, upon conviction therefor in the Mayor's Court, be sentenced to not exceeding 30 days additional service upon said streets for said escape, and said Mayor or Aldermen may make all necessary rules and regulations for the proper government of said persons so convicted and sentenced, for their safe confinement and labor until the said sentences are satisfied. Separation of races and sexes. Escapes. Sec. 44. Be it further enacted, That the Mayor and Aldermen of said town shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the City of Nichols; and that they shall have power to provide by ordinance a penalty for the use of vulgar and obscene language, and to punish lewd and disorderly conduct within the limits of said town, and to pass such other and further ordinances as may be necessary or expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience, and the good government of said town. Lewd houses, etc. Sec. 45. Be it further enacted, That said Mayor and Aldermen shall in the exercise of their police powers have power and authority to pass all ordinances they may think necessary to more effectually prevent the illegal sale of intoxicating liquors within the police jurisdiction of said City of Nichols, and to that end may provide ordinances punishing any persons keeping in said police jurisdiction any intoxicating liquors for any purpose whatever, or in any manner having or handling same; and likewise ordinances providing for the punishment of any person or persons purchasing liquor from persons who are selling the same illegally. The marshal

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or any policeman of said city shall have full power and authority to enter, and if necessary, to break open and enter any place within said police jurisdiction under the proper search warrant which may be issued upon the affidavit of any person that he has reasonable cause to believe there is a blind tiger, or place where intoxicating liquors are being kept contrary to law, and to seize and hold as evidence all intoxicating liquors found therein. And after such liquors so seized have answered the purpose of evidence, they may, on order of the Mayor, Recorder, or other officer trying such offender, in addition to the other penalties provided for, be destroyed. Intoxicating liquors. Sec. 45. Be it enacted by the General Assembly of the State of Georgia, That there shall be established, conducted, maintained, supported and provided for by local taxation and otherwise, in the manner hereinafter provided in this Act, a system of public schools in and for the City of Nichols, Coffee County, Georgia. Public schools. Sec. 46. Be it further enacted, That there shall be a Board of Education for said city under the corporate name of the Nichols Board of Education, with right to sue and be sued in said corporate name, and whose duty it shall be to establish, manage and control and maintain said public schools. Said Board shall consist of five members, to be elected by said Mayor and Council of said city, and thereafter election for the members of the Board of Education shall be held annually on the first Monday in December of each year, or so soon thereafter as practicable, and the terms of members elected after said first election shall be for two years. All vacancies on the Board of Education shall be filled by special elections for the unexpired term only. The members of said Board may hold their office until their successors shall be elected and qualified. No person shall be eligible to membership upon said Board except such persons as would be eligible to the office of Mayor

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of said city and no person shall be eligible to election to such membership who, at the time of his election, is Mayor and Councilman of said city. Board of Education. Sec. 47. Be it further enacted, That the officers of the Board of Education shall be a president, vice-president and secretary and treasurer, and such other officers as the Board may deem advisable. The secretary and treasurer of said Board shall, before entering upon the discharge of the duties of his office, 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 to faithfully account for all monies coming into his hands as such officer, which said bond shall be made payable to said Board of Education; and the said Board of Education is hereby empowered to bring suit and maintain the same upon said bonds in any of the Courts of this State for any breach of said bond by the said secretary and treasurer, and the proceeds of said suit shall be applied to the public schools of said town. Said secretary and treasurer shall pay out no monies except by order of the Board. Officers of board. Sec. 48. Be it further enacted, That said Board of Education shall have power, and it is hereby made the duty of said Board, to speedily devise, design, adopt and establish under this Act a system of public schools, to modify the same from time to time, to establish such schools as they may see fit for the whites, and also for the blacks of said town, and which for the two races shall be entirely separate and distinct from each other, and not more than one school for one 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 Council of the City of Nichols. Duty and power of board. Sec. 49. Be it further enacted, That said Board of Education shall keep full and accurate minutes of the proceedings of said Board, which shall at all times be subject to the inspection of the Mayor and Council of

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the city or any other citizen of said city. 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 terms and 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 such action to be for the interest of said schools, and their action in so doing shall be conclusive in all cases and not subject to review by anybody or Court; they shall fix the compensation of teachers and pay the same; they shall make such by-laws for the government of said Board and for the control of said teachers and schools as may be deemed fit and proper, when the same are not in conflict with the laws of this State; they may provide grades in said schools and provide suitable apparatus, furniture and appliances of every kind for the use of said schools, and to any and all other acts which they may deem best to promote the best educational interests of said city not in conflict with State laws. Minutes. Further powers. Sec. 50. Be it further enacted, That said Board 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 school of said city. Gifts for schools. Sec. 51. Be it further enacted, That said Board shall out of any funds going into their hands, provide school houses by renting or purchasing suitable buildings and shall properly furnish the same for school purposes. The title of such property shall be in the corporation of the City of Nichols. Schoolhouses. Sec. 52. Be it further enacted, That said Board of Education shall keep accurate accounts of all moneys or property received by them for the use of said public

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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 Nichols, or of any citizen of said city. The members of said Board shall be personally liable to the corporation of the City of Nichols for all moneys paid to said Board for the use of said public schools, and by said Board appropriated for any other purpose. Accounts of funds. Sec. 53. Be it further enacted, That said Board shall annually make report to the Mayor and Council of Nichols in writing of the condition of said schools and shall accompany said report with a full itemized stateent of all the moneys received and expended by said Board and present the vouchers therefor. This report shall contain an estimate of the amount of funds required for the proper conduct of said schools for the ensuing school year, and the like reports shall be furnished at any time by said Board to the said Mayor and Council. Annual reports. Sec. 54. Be it further enacted by the authority aforesaid, That the terms of office of the officers of said Board shall be fixed by the by-laws of the Board, and no officer shall have any compensation for their services except the secretary and treasurer, whose compensation shall be fixed by the Board prior to his election and qualification, not to exceed, however, one hundred dollars per annum. Be it further enacted, That the public schools herein provided for shall run for a period of not less than five nor more than ten scholastic months in each year. Terms of office. School terms. Sec. 55. Be it further enacted, That the Mayor and Aldermen of said City of Nichols shall be authorized and empowered to assess, levy and collect annually a tax in addition to that now provided by law not to exceed one per cent. per annum on all of the taxable property of said city, which shall be used solely and exclusively for the purpose of establishing and maintaining

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said schools and all matters appertaining thereto. This tax shall be collected by the first day of January of each year after the same is assessed and levied, in like manner as other taxes are collected, and shall be turned over to said Board of Education to be used for the purposes aforesaid, and no other. Schooltax rate. Sec. 56. Be it further enacted, That all school children between the ages of six and eighteen years, who are bona fide residents of said town with their parents or guardians, shall be entitled to the benefit of said schools, and no such child or children shall be required to pay any tuition for such course of study as it now provided by law in the public schools of the several counties of the State, but the Board 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 charges shall become a part of the fund for the maintenance of said public school system and must be so used and accounted for as shall likewise any other fees. Tuition only of non-resident children. Sec. 57. Be it further enacted, That moneys arising from, furnished or collected by the corporation of the Town of Nichols under this Act, for the establishment, maintenance and support of said public schools shall be paid over to the Nichols Board of Education, upon said Board giving bond with good security, payable to the corporation of the City of Nichols, in such sums as the Mayor and Council may fix, conditioned for the faithful application of all said funds in establishing and maintaining the public schools in this Act provided for; provided, it shall be optional with the Mayor and Town Council to exact such bond, or not, as they may deem best. Payment of school funds. Sec. 58. Be it further enacted, That the Board of Education of Coffee County shall not establish or open any school within the corporate limits of said City of Nichols, nor have any authority or voice in the management

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of the school therein established under the provisions of this Act by the Board of Education of Nichols. County schools excluded. Sec. 59. Be it further enacted, That the State School Commissioner of Georgia shall pay over to the Board of Education of Nichols the pro rata share of the State and county school fund to which said town is entitled, according to the number of children of school age residing within the corporate limits of said town, increased by the number of children of school age residing within the corporate limits of Nichols who attend said school. For each child of school age residing within the corporate limits, and for each child of school age residing without its corporate limits, but attending said public schools of the City of Nichols the amount apportioned for the State school fund for each child of school age residing in the County of Coffee. The amounts 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 said public schools of Nichols. Proportion of State fund. Sec. 60. Be it further enacted, That in the case of the breaking out of an epidemic or contagious disease, the Board shall have the right and power to stop and prevent any child that has been exposed to it or liable to contract it, from attendance upon said school, for such time said Board shall deem prudent and safe. Precautions against diseases. Sec. 61. Be it further enacted, That the child of no person shall have the benefit of said public schools who fails or refuses to pay all taxes assessed against him or her by the corporation of the City of Nichols and which he or she is liable for. Tax payments required. Sec. 62. Be it further enacted, That all assessment of taxes, and all funds arising from or collected under this Act, shall be by the corporate authorities of the City of Nichols kept separate and distinct from other assessments and collections of said city, and are to be used solely for the purpose herein designated; and the

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Mayor and Council shall keep a separate, full and distinct itemized account, showing all moneys raised, when and how and from whom and what, and the disposition of the same, to whom, when and for what paid. Taxes separated. Sec. 63. Be it further enacted, That for the purpose of properly carrying out the terms of this charter and of maintaining a proper city government under said charter, the Mayor and Aldermen are hereby authorized and empowered to levy a tax not to exceed three per cent. on all the property within the corporate limits of said city which is subject to State and county tax under the Constitution and laws of this State. Propertytax rate. Sec. 64. Be it further enacted, That the taxes levied annually by the city, including special taxes, street taxes and licenses, shall be due and payable at such times as the Mayor and Board of Councilmen may by ordinance prescribe; and they are hereby authorized and empowered to fix by ordinance the time the same shall become due and payable. Taxes payable. Sec. 65. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Nichols shall have the power and authority to assess and collect a business tax on all persons, firms and corporations before beginning business, and shall have the power and authority to assess and collect annual license fees on all persons, firms and corporations operating any kind of business agency or calling whatsoever, where such be operated for pecuniary gain. Business and license taxes. Sec. 66. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Nichols at the first meeting of each year, or as soon thereafter as practicable, shall elect three freeholders of said city as tax assessors whose duty it shall be to assess all real estate for taxation and make returns thereof to the Mayor and Council under such rules and ordinances as they may provide for same, and at such time as they

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may designate. Said assessors, before entering upon the discharge of their duties shall take and subscribe to an oath faithfully and fearlessly perform the duties of their office. If the owner of any real or personal property conceives that the assessors have placed too great a valuation on said property, such owner or his agent may appeal such assessment to the Mayor and Aldermen of said city, who shall consider said appeal and make such assessment of said property as they may think just and proper, and the action of said Mayor and Aldermen shall be final in the premises. And should said Mayor and Aldermen decide that the valuation made by the assessors on any property is below its true value said Mayor and Aldermen may proceed to properly value and assess said property, and which action on their part shall govern and shall be final. Tax assessors. Appeals. Sec. 67. Be it further enacted, That it shall be the duty of the marshal to collect all moneys due the City of Nichols, either for taxes, fines or forfeitures, and that all executions issued by the clerk of Council of the City of Nichols shall be directed to the marshal of said city, and issued in the name of the City of Nichols, and be signed by the clerk and shall state for what issued and be made returnable to the clerk aforesaid ninety days after the issuing of the same; and it shall be the duty of the marshal of said town to advertise the sale of such real or personal property as may have been levied on by him to satisfy said execution in the same manner respectively as sheriffs' sales of real property and constables' sales of personal property are required by law to be made, except that said sales shall be made in the City of Nichols before the door of the city hall or Council chamber, or the usual and established place of the meeting of the authorities having control of said municipality; all of such sales to be made within the usual hours of sheriffs' sales, and under the same rules and regulations as govern sheriffs' sales except as herein changed. Whenever any land is sold under a tax

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execution the owner thereof shall have the privilege of redeeming same within one year by paying the purchaser amount paid therefor with 10 per cent. premiums thereon. Whenever at any such sale for taxes due no one present shall bid for the property put up for sale as much as to the amount of such tax execution and all costs and after such property shall have been cried a reasonable time, then any duly appointed officer or agent of the City of Nichols may bid off such property for the city and the marshal or other officer making the sale shall make to the City of Nichols a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and valid after the period provided for the redemption by the owner shall have expired, and marshal or other officer making the sale shall put the city in possession; and the Mayor and Aldermen shall have no power to divert or alienate the title of the city to any other property so purchased, except by a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the city. The clerk shall enter on his execution dockets all executions giving the date and amount of each, and to whom delivered and all proceedings thereunder; said execution shall also be returned to the office of the clerk after being satisfied. When affidavits of illegality or claims are interposed, then all the papers shall by the clerk be transmitted to the clerk of the City Court of Douglas in all matters and things of which that Court shall have jurisdiction; all other illegalities and claims shall be returned to the clerk of the Superior Court of Coffee County, unless the amount involved be less than fifty dollars, in which case same shall be returned to the Justice Court of the 1170th District, T. M., Coffee County. In case of illegality or claim filed, the usual and necessary bond shall be given by the party filing or tendering said illegality or claim. The lien of tax execution in favor of the City of Nichols shall have priority on all property within the corporate limits of said city

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over all other executions and judgments, except those for State and county taxes, and by order of the Mayor and Aldermen may be transferred to any person who shall pay the full amount and cost of the same, and the transferee shall be subrogated to all the rights of the city as to the enforcement of such execution. Marshal's duty as to taxes. Sales. Redemption. Tax titles. Affidavits of illegality. Sec. 68. Be it further enacted, That said Mayor and Aldermen are hereby authorized, in their discretion, to make appropriations and payments from the general fund of the city for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates of other places and any hall or auditorium belonging to the city may be used without expense for such purposes; and also to make appropriations and payment from the general fund of the city for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial, manufacturing and other enterprises into the city, and also for making contributions to any Board of Trade or Chamber of Commerce or like body in said city which may have for its object any of the above stated public purposes, or any other public purpose which will be for the benefit of said city, and also to make payment from the general revenues and funds of the city for the support of public hospitals, libraries, charities and other institutions of said city, and for the establishing and maintaining of a band and for a military company in said city. Appropriations for public purposes. Sec. 69. Be it further enacted, That all bids for contracts for labor or materials to be furnished said city or for labor or materials to be furnished said city, or for work to be done in the interest of said city, which shall exceed the sum of five hundred dollars in amount, shall be advertised by the city department in which said work, labor or materials properly belong, in a newspaper published in the County of Coffee once a week for not less than two weeks, and said contract shall be

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awarded to the lowest and best bidder (unless all bids are rejected) after having been first approved by a majority vote of the City Council. Contracts involving five hundred dollars or less, shall be made by the Mayor and Aldermen. This section shall not abridge the power of the city to do all necessary work by its own employees whenever in the judgment of the City Council the same can be done more effectively or economically. Contracts; advertisement for bids. Sec. 70. Be it further enacted, That it shall not be lawful for the Mayor or any of the Aldermen or any officer under said city to be interested, either directly or indirectly, in any contract with the City of Nichols, having for its object the improvement of the city or any part thereof, or the expenditures of any money from the city treasury, or in any contract for the purchase or sale of either realty or personalty by or from said city, or in any contract for the furnishing of materials or labor or goods, wares or merchandise to said city, or any department thereof; nor shall either of such persons be capable of holding or having any interest in any such contracts or in the profits thereof, either by himself or by another, directly or indirectly. Any of the above stated persons who shall violate any of the provisions of this section shall be subject to impeachment as hereinbefore provided, and said contract shall be void; and upon being convicted and removed from office by said impeachment proceedings as provided in this charter, such person shall not be qualified to hold any office or position with or in the government of said city or any department thereof for the term of ten years thereafter. Unlawful interest in contracts. Impeachment. Sec. 71. Be it further enacted, That beginning with the first session of the City Council in the year 1921, and annually thereafter, said City Council shall fix the salaries of the Mayor and Aldermen, same not to be changed thereafter during their respective terms of office, and to be paid monthly out of the general revenue

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of the city; provided, however, that the salary of the Mayor shall not exceed $150.00, and that each of the Aldermen shall not exceed $60.00 per annum. Salaries. Sec. 72. Be it further enacted, That at the first meeting of said Council in the year 1921, they shall by ordinance fix the date of their regular meeting for the transaction of business, which meeting shall be at least once each month, and provided that they may change this time of meeting by resolution after giving at least ten days notice thereof by posting the same at three or more public places in said city. The Mayor, or in his absence, the Mayor pro tem., shall have power and authority to convene the Council together at such other times as in his judgment may be necessary for the welfare of the town: Provided, that no new ordinance shall be passed at any call meeting of said Council affecting the liberty or property of any citizen of said city except when ten days notice thereof shall have been previously given by posting the same in three or more public places in said city. Meetings of council. Sec. 73. Be it further enacted, That all corporate rights, powers and privileges now possessed by, and all duties imposed by law, upon said municipal corporation are hereby preserved into said city under its new name of the City of Nichols. All Acts and parts of Acts of the General Assembly of the State relating to said city, and all resolutions, regulations and ordinances heretofore adopted by the authorities of said city and in force therein at the time of the approval of this Act, and all parts of same, shall remain in force, save such of each as are in conflict with provisions of this Act. Such ordinances, regulations and resolutions may be hereafter amended or repealed by the Mayor and Aldermen of said city. All property and property rights now held, owned or possessed by said city, and all obligations of every kind and character, due to or by said municipal corporation shall remain unchanged

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and of full force. All pending suits or claims by or against said city are preserved intact and unaltered. The present Mayor and Aldermen and the present officers and employees of the city shall continue to discharge the duties of their respective offices and positions until their successors are elected and qualified, or appointed, as the case may be, or until they are removed in accordance with the provisions of this charter or the ordinances of the city. Powers and rights preserved. Property, and pending suits. Officers. Sec. 74. Be it further enacted, That said Mayor and Aldermen and any of the members or officers of said City of Nichols, who may be sued for any act done in his official capacity, may justify under this charter; and the provisions of this charter may be pleaded and shall be a complete defense against any such action for any acts done by them, or either of them, in accordance with the provisions of this charter, and the ordinances in pursuance thereof. Justification by charter. Sec. 75. Be it further enacted, That a failure on the part of the Board of Education to make the report to the Mayor and Council of the City of Nichols as is provided for in Section 53 of this Act, shall render said Board liable to instant removal from office by said Mayor and Council, and in addition thereto said Board and each member thereof shall be liable to prosecution in the Mayor's Court, and if found guilty of refusing or neglecting to make said report as is provided for in said Section 53 of this Act, they shall be adjudged to pay a fine each of not more than one hundred dollars. Said School Board may in its discretion, and it is hereby authorized, to charge a fee to each pupil entering said school not to exceed ten cents per month for the incidental expenses of keeping up the school grounds, buildings, wood, fuel, water, lights and matters of like nature. Reports by board of education. Penalty. Sec. 76. Be it further enacted, That all Acts of the General Assembly heretofore passed conferring any

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power on the Mayor and Aldermen, or restricting any such powers, which is not in conflict with or expressly superseded by this Act, are not hereby repealed, but all provisions of former Acts which are in conflict or at variance with this Act are hereby expressly repealed, and all laws and parts of laws in conflict with this Act are hereby repealed. Repeal restricted. Approved August 16, 1920. OCILLA PUBLIC IMPROVEMENTS. No. 476. An Act to amend an Act of the General Assembly of Georgia, approved December 18, 1902, entitled An Act to incorporate the City of Ocilla, in Irwin County, Georgia, and for other purposes, and the Acts amendatory thereto, so as to confer power and authority on the City of Ocilla to pave, curb, remove or repair the sidewalks of said city, and to assess the entire cost of such grading, curbing, removing or repairing against abutting property owners according to frontage, and to grade, macadamize, pave or otherwise improve for travel or drainage, the streets, alleys or ways of the City of Ocilla, and to assess two-thirds of the cost of such grading, paving, macadamizing, or improvement against the owners of abutting property, according to frontage; to provide for the collection of such assessments; to provide for the appointment by the Mayor and Council of said city of a Water and Light Commission; to provide for the election of a Mayor and Council for said City of Ocilla; to provide for the levy and collection of taxes in said city; to provide for the issuance of bonds by said city to be used for public improvements therein; to provide for the assessment

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and collection of taxes in said city, 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 from and after the passage of this Act the charter of the City of Ocilla, Georgia, approved December 18, 1902, and as amended by an Act approved on August 23, 1905, and as amended by an Act approved on August 22, 1907, and as amended by an Act approved on August 16, 1909, and as further amended by an Act approved on August 4, 1913, be and the same is hereby amended as follows: Acts of 1902, 1905, 1907, 1909 amended. Section 1. Said City of Ocilla shall have power and authority by ordinance to pave, curb, remove or repair the sidewalks of said city, and to assess the entire cost of the same against the owners of the property abutting on sidewalks according to the frontage owned by them thereon. Sidewalk assessments. Sec. 2. Said city shall have power and authority by ordinance to grade, pave, macadamize or improve for travel or drainage, any of the streets, alleys or ways of said city, and to assess two-thirds of the cost for such grading, paving, macadamizing or improvement against the owners of the property abutting on each side of the streets, alleys or ways so graded, paved, macadamized or improved, according to the frontage owned by each on such streets, alleys or ways, and any street car or railroad company having tracks running through or across the streets of said city shall macadamize or otherwise improve such streets in such proportion as the Mayor and Council may provide by ordinance. Street-paving assessments. Sec. 3. The said City of Ocilla is hereby authorized and empowered to enforce the payments of the assessments provided for by Sections 1 and 2 of this Act by execution against the abutting property owners and the abutting property, which said execution shall be

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issued and levied like executions for taxes under existing ordinances, or such as may hereafter be made applicable to the subject, and the said property shall be sold in the same manner and shall be subject to all the incidents of purchase by the city and redemption by the owner, etc., as is provided by Section 879, et seq., of the Code of Georgia of 1911, and amendments thereto; however, said city may provide by ordinance for the payments of such assessments in installments and on such terms as may be prescribed. When payments are allowed in installments, a lien shall arise and issue in favor of the city against the property of the person, firm or corporation owning the thing from the date of the completion of the work until such installments are paid, and said debt and lien shall be evidenced by a statement thereof in writing entered of record in the city clerk's office. Said debt and lien may be transferred by the city and when transferred the holder thereof shall be subrogated to and enjoy all the rights of said city, including the right to foreclose and enforce such liens, provided, however, that to an execution issued under the provisions of this Act 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 and if any amount be admitted to be due it shall be paid before the affidavit is received, and said affidavit shall be received for the balance and shall be returned to the Superior Court of Irwin County and there tried and the issue determined as in case of illegality, subject to all the pains and penalties provided for in the case of illegalities filed for delay. Executions. Sales. Redemption. Lien. Transfer. Affidavit of illegality. Sec. 4. One publication of the ordinance or ordinances providing for the improvements mentioned in this Act in the newspaper of Irwin County in which the sheriff's advertisements are published shall be deemed sufficient notice to abutting property owners for the property to be improved, the contents and provisions of

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such ordinances and the fact that such improvements are to be made. Publication of notice. Sec. 5. Be it further 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, that the Mayor and Council of the City of Ocilla are hereby empowered to establish by ordinance at any time they see proper a Board of Commissioners for its electric light and water works system now owned and operated by said City of Ocilla, said Board to be known as the Water and Light Commission. Said Board, when established, shall consist of three members who shall be freeholders in said city. They shall be elected by the Mayor and Council, one for a term of one year; one for a term of two years; and one for a term of three years; and thereafter they shall be elected for a term of three years each, and they shall serve until their successors are elected and qualified. In the event of a vacancy by death, resignation or otherwise on said Board the Mayor and Council shall at their next meeting elect a successor for said member for the unexpired term, so that there shall at all times be three members of said Board. Water and light commission. Sec. 6. Said Board of Commissioners when established is hereby vested with full power and authority to maintain, extend and improve and modify the system of electric lights and waterworks now owned and operated by said city; to establish, equip, maintain, modify and improve the system of sewerage and drainage in said city; to appoint a superintendent of said system; to remove all employees of said system; to purchase real estate and other apparatus and machinery necessary to properly and successfully operate said water and light system; to collect and disburse all moneys raised from the sale of bonds for said system; to receive and collect all water and light rents and other revenues derived from said system; to make such rules

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and by-laws and regulations for their own government and the government of their employees and the management of said water and light and drainage systems as they may deem proper, not in conflict with the same. The members of said Board shall receive for their services such compensation as shall be fixed by the Mayor and Council of said City of Ocilla, which shall not be increased or diminished during his term of office. Said Board shall make a quarterly report to the Mayor and Council showing the amount of moneys received and from what source and the amount disbursed and for what purposes, and shall deliver all vouchers for same and shall furnish as nearly as possible an estimation of the amount required for the ensuing year. Powers of board. Compensation. Reports. Sec. 8. It shall be the duty of said Board to draft the rules and regulations regulating the price to be charged for said water and light services and the rules to be enforced between the customers in said city in the operating of said water and light system, and the rules cutting off delinquents and submit same to the Mayor and Board of Aldermen at the first meeting after their election, and after same is approved by the Mayor and Board of Aldermen same shall be the rules and regulations governing the operation of said water and light services, and it shall be the duty of the Mayor and Aldermen to enter same on the minutes as in the case of other ordinances. Said Board shall keep a full and complete record of all moneys received and shall keep itemized accounts of all expenses, such as new materials, repairs, fuels, oil, salaries and other labor, and file all invoices and paid bills along with other records kept by them. Regulations. Accounts. Sec. 9. Be it further enacted and it is hereby enacted by the authority aforesaid, That Section 2 of an Act to amend an Act approved on December 18, 1902, incorporating the City of Ocilla, in Irwin County, Georgia, approved August 23, 1905, as follows: By repealing and striking all of Section 2 of said amending Act approved

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August 23, 1905, that appears in said amending Act after the words to-wit in the sixth line of said Section 2, and just before the words or until, etc., in the 11th line, and inserting in lieu thereof the following: That on the first Tuesday in January, 1921, there shall be held in and for said City of Ocilla an election for the purpose of electing by popular vote a Mayor and five (5) Aldermen for said city; the Mayor and two Aldermen shall be elected for a term of two years, and three Aldermen shall be elected for a term of one year, and at each annual election to be held thereafter their respective successors shall be elected for a term of two years. The two candidates receiving the highest vote cast at said election shall constitute those who serve for a term of two years. Election and terms of mayor and aldermen. Sec. 10. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the charter of the City of Ocilla, Georgia, approved December 18, 1902, and as amended by the Act approved August 23, 1905, and all amendatory Acts thereto, be and the same is hereby amended as follows: By striking the words fifty thousand in the last line of Section 3 of said amendatory Act approved August 23, 1905, and inserting in lieu thereof the words one hundred thousand. Bond issue. Sec. 11. Be it further enacted by the authority aforesaid, That the said charter of the City of Ocilla, Georgia, be further amended by striking the last two lines of Section 40 of the original Act approved December 18, 1902, and inserting in lieu thereof exceeding one and one-half per cent. or one dollar and fifty cents on the one hundred dollars exclusive of taxation for public schools of said city, and for bond indebtedness, so that said section when amended shall read as follows: Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of said city, the Mayor and Aldermen shall have full power and authority and they shall provide

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by ordinance or resolution for the assessment, levying and collecting of an ad valorem tax on all property, both real and personal, within the corporate limits of said city, not exceeding one and one-half per cent., or one dollar and fifty cents on the one hundred dollars exclusive of taxation for public schools of said city and for bond indebtedness. Rate of tax ad valorem. Sec. 12. Be it further enacted by the authority aforesaid, That the said charter of the City of Ocilla, Georgia, be further amended by striking the words two and one-half mills or twenty-five from the fourth line of Section 59 of the Act incorporating said city, approved December 18, 1902, as they occur in said section in said line 4 between the words exceeding and the word cents, and inserting in lieu thereof four and one-half mills or forty-five. Bond tax additional. Sec. 13. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Ocilla are hereby authorized and empowered to call by ordinance or resolution an election by the qualified voters of said city for the purpose of obtaining the assent of said voters in accordance with law to an issue of bonds in such amount or amounts as may be permitted under the Constitution or laws of the State of Georgia and at such time or times as the Mayor and Council may in their discretion prescribe for any or all of the following purposes, to-wit: Election for bond issue. First: For working, grading, claying, paving, curbing, macadamizing, draining or otherwise improving for travel or use the public streets, alleys and lanes of the said city. Streets. Second: For establishing or maintaining and improving a system of surface or storm and sanitary sewers within the said city. Sewers. Third: For the construction of a new electric light plant or water system; for the extension and improvement,

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repairing and maintaining of same; for the improvement, extension, repairing and maintenance of the present light and water plant of said city; for the improvement and repairing of the present public school building and installing or repairing the present heating apparatus of said school building. Light and water. School building. Sec. 14. Be it further enacted by the authority aforesaid and it is hereby 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 3, 1920. OCILLA SCHOOL TAX. No. 699. An Act to amend an Act of August 8, 1913, establishing a public school system in the City of Ocilla, Irwin County, Georgia, and Acts amendatory thereto, creating a Board of Education, describing their duties and powers, providing for the raising of revenues to maintain said school, and for other purposes, by authorizing an ad valorem tax on all of the taxable property of said city for school purposes an amount not to exceed ten mills or one dollar on the one hundred dollars, 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 from and after the passage of this Act that the Act establishing the public school system in the City of Ocilla, Irwin County, Georgia, approved August 8, 1913, and as amended by an Act approved August 20, 1917, be and the same is hereby amended as follows: Acts of 1913 and 1917 amended. Section 1. Be it enacted and it is hereby enacted by the authority aforesaid, That Section 4 of an Act

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establishing a public school system in the City of Ocilla, Irwin County, Georgia, approved August 8th, 1913, be repealed and stricken and the following inserted in lieu thereof: That the Board of Education of the City of Ocilla, Georgia, shall consist of five members, two of whom shall be elected for a term of one year, and three of whom shall be elected for a term of two years. The three candidates receiving the highest number of votes cast at the first election which shall be held on the first Tuesday in January, 1921, shall constitute those who serve for a period of two years. And at each annual election thereafter their respective successors shall be elected for a term of two years, such members to be elected at an election held to elect a Mayor and Council for the City of Ocilla and all persons qualified to vote for Mayor and Council shall be eligible to vote for the members of the Board of Education for the City of Ocilla, Georgia. Should a vacancy occur in said Board, the remaining members thereof shall proceed to elect some citizen of Ocilla to fill said vacancy. New sec. 4. Board of education. Sec. 2. Be it further enacted and it is hereby enacted by the authority aforesaid, That Section 1 of the Act approved August 20, 1907, which Act was amendatory to the Act to establish a public school system in the City of Ocilla, Irwin County, Georgia, approved August 8, 1913, be amended by striking out all of Section 1 of said amendatory Act and inserting in lieu thereof the following: Be it further enacted, That said Board of Education shall as early as practicable each year require the Mayor and Aldermen of said City of Ocilla 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 ten mills or one hundred cents on the one hundred dollars, and when collected to be turned over to said Board of Education promptly 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 their pro rata share of the State

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school funds due and coming to the children taught in the school under this Act to be by the said Board expended in the maintenance of said schools. There shall be a separate school for the white and black under this Act. Act of 1907 amended. New sec. 1. School-tax rate. Share of State fund. Sec. 3. Be it further enacted, That it shall be the duty of the Board of Education of said City of Ocilla to establish such grammar schools and high schools necessary for the education of the children attending said schools, and tuition in same shall be free to all children within school age residing within the corporate limits of the City of Ocilla, up to and including the seventh grade, but said Board shall have the right, when in their best judgment and sound discretion it is necessary to do so in order to make the high school more efficient, to charge a small tuition fee for the eighth, ninth, tenth and eleventh grades, not to exceed five dollars per month. They shall also have the right to charge a matriculation fee not to exceed ten dollars for the entire school year, to be paid upon entrance, or in such installments as the said Board may direct. Children of non-residents and all children residing without the corporate limits of said City of Ocilla may be admitted to said school upon such terms and conditions as may be prescribed by said Board. Tuition free in seven grades. Tuition fees. Matriculation fee. Sec. 4. Be it further enacted, That it shall be lawful for the County School Superintendent of Irwin County, or other counties of the State, to make contract with the said Board of Education of said City of Ocilla to teach pupils of school age residing in their respective counties and outside the corporate limits of said City of Ocilla 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 common schools of their respective counties are paid; provided, however, that in case the rate of tuition for non-resident pupils, as fixed by

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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 differences from the parent or guardian of said non-resident pupils. Tuition of non-residents. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920. PALMETTO, NEW CHARTER FOR TOWN OF. No. 506. An Act to create a new charter for the Town of Palmetto, in Campbell County, Georgia; prescribe its powers and duties, and to repeal all Acts heretofore passed creating a charter for said town or amending same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the municipal government of the Town of Palmetto, in the County of Campbell, shall consist of a Mayor and four Councilmen, who are hereby constituted a body corporate under the name and style of The Town of Palmetto, and by that name shall have perpetual succession; shall have a common seal, and be capable in law and equity, of having, purchasing, holding, receiving, enjoying, possessing and retaining to said Town of Palmetto in perpetuity any estate or estates, real or personal, of whatever kind or nature, within or without the jurisdictional limits of said town, for corporate purposes; and shall by said name, be capable of suing and being sued in any court of law or equity, and shall succeed to

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all the rights and property and to the debts and liabilities of the present corporation of the Town of Palmetto. Corporate name. General powers. Sec. 2. Be it further enacted by the authority aforesaid, that the corporate limits of the Town of Palmetto shall extend three-fourths of a mile in each direction from the center of the present water tank of the Atlanta and West Point Railroad as now located in said town. Territory. Sec. 3. Be it further enacted by the authority aforesaid, That an election to be held on the first Saturday in January, 1921, and on the first Saturday in January in each year thereafter, for the election of a Mayor and four Councilmen of said town. Each of said officers to serve for one year and until their successors are elected and qualified. At the first meeting of said Mayor and Council of said Town of Palmetto, or as soon thereafter as practicable, one of said Councilmen shall be elected Mayor pro tem., who shall perform all the duties of Mayor when the Mayor shall be absent, disabled or disqualified, and during any vacancy in the office of Mayor. Election and terms of mayor and councilmen. Sec. 4. Be it further enacted by authority aforesaid, That in case of a vacancy of any of the officers mentioned in the preceding section, by death, resignation, failure to elect, removal from office, removal from the town or otherwise, such vacancy shall be filled by election by the remaining members of the Mayor and Council.. Vacancy in office. Sec. 5. Be it further enacted by the authority aforesaid, that all elections held under the provisions of this charter shall be managed by a justice of the peace, or some other judicial officer, and two freeholders, or by three freeholders, all of whom shall be citizens of said town; and each of said managers, before entering upon the discharge of his duties, shall take before some officer authorized by law to administer oaths the following oath to-wit: I do solemnly swear that I will faithfully

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and impartially conduct this days election held for Mayor and Councilmen for the Town of Palmetto, and make a true return thereof; that I will not knowingly prevent any person from voting who is entitled to vote in this election, nor will I knowingly allow any one to vote who is not entitled to vote, nor will I disclose for whom any one votes unless called upon to give evidence thereof in some court of law or equity in this State. Said managers shall cause to be kept two lists of voters and two talley sheets of said election. The polls of each such election shall open at 9 o'clock A. M. and close at 3 o'clock P. M. Elections. Oath of managers. Sec. 6. Be it further enacted by authority aforesaid, That after the votes at any election shall have been counted by the managers they shall certify the two lists of voters and the two talley sheets, and shall place said list of voters and said talley sheets, with the ballots, in a box or envelope and seal it and write their names across the seal and deliver the same to the clerk of the Mayor and Councilmen, who shall securely keep them for thirty days without opening them. At the end of the thirty days, if no contest is filed or at the end of the suit or contest if filed, said clerk, in the presence of the Mayor or a Councilman, shall burn said list of voters, talley sheets and ballots, without opening them. The managers shall at the end of one hour after counting the ballots certify to the person receiving the highest number of votes in said election for Mayor, and to the persons receiving the highest number of votes for Councilman, that they were duly elected to such offices. If said managers shall be notified, before they deliver said certificates, by any person, in writing, that the election of any one of the parties, is to be contested, they shall not deliver the certificate to such person until the expiration of thirty days from date of said election, or until said contest is decided, when they shall deliver it to the person entitled thereto. Lists, talleysheets, and ballots. Certificate. Contest.

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Sec. 7. Be it enacted by the authority aforesaid, That as soon as said Mayor and Council receive their certificates of election, or as soon thereafter as practicable, the persons elected shall take before some person authorized to administer oaths, or before the retiring Mayor or Mayor to be, being hereby authorized to administer the same, the following oath to-wit: I do solemnly swear that I will faithfully and truly perform the duties of Mayor (or Councilman as the case may be) of the Town of Palmetto, to the best of my ability; without favor to any one, so help me God. Oath of office. Sec. 8. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of Mayor or Councilman unless he is over twenty-one years of age, is a citizen of the United States and of Georgia, and resided in said Town of Palmetto more than one year next preceding the election. Eligibility. Sec. 9. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes, legally imposed upon them by said Town of Palmetto, and shall have resided in said town sixty days prior to the election at which they offer to vote, and shall have registered as required by the registration laws of said Town of Palmetto, when passed, shall be entitled to vote at any election provided for under this charter. Voters qualified. Sec. 10. Be it further enacted by the authority aforesaid, That said Town of Palmetto shall have power, acting through its Mayor and Council, to provide for the registration of voters prior to any and all election for officers of said town; to pass and enforce all ordinances and regulation for same not contrary to law, as they may deem proper, and to require that no person be permitted to vote at said election unless registered; provided, that the registration books shall always be open at least forty days before any election and closed ten days before the

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election; and provided, that when any voter has registered for the regular election for Mayor and Council, in January of any year, no further registration shall be required of such voter at any intermediate election occurring before the next annual election for Mayor and Councilmen. But it shall be the duty of the officials making out the registration list for any such intermediate election to purge from the list any who may have become disqualified since the last annual election for Mayor and Council. Registration of voters. Sec. 11. Be it further enacted by the authority aforesaid, That the Mayor shall be chief executive officer of the Town of Palmetto. He shall see that all laws, ordinances, resolutions and rules of the town are faithfully executed and enforced, and that all officers of the town shall faithfully discharge the duties required of them. He shall preside at all meetings of the Mayor and Council, and shall have a right to vote in all elections by the Mayor and Council. He shall have a right to vote on all other questions before the Mayor and Council only when there is a tie. He shall have a right to veto any ordinance or resolution within three days after the same is passed, but his veto shall be overruled when three members of the Council vote to overrule the same at the next regular meeting of the Mayor and Council or any intervening meeting of the Mayor and Council after said veto. Mayor's duties and powers. Vote and Veto. Sec. 12. Be it further enacted by the authority aforesaid, That there shall be a recorder's court for the trial of offenses and offenders against the laws and ordinances of said Town of Palmetto which court shall be held by a recorder to be elected as hereinafter provided. Said court shall have the power to preserve order, to compell the attendance of witnesses, to punish for contempt, by imprisonment not exceeding two days; or by fine not exceeding ten dollars, or both; and said recorder shall have the power on conviction of any person of the violation

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of any of the ordinances of said Town of Palmetto, to sentence such person to be confined in prison or to labor on the streets or public works of said town for any time not to exceed thirty days, or to impose a fine not to exceed one hundred dollars; provided that until a recorder shall be elected, or when there is a vacancy in the recordership by death, resignation, failure to elect, or otherwise, the Mayor of said town shall preside over said recorder's court and do and perform all other duties required of said recorder in this Act, and in case of the disqualification of the Mayor any member of the Council may act as recorder. Recorder's court. Sec. 13. Be it further enacted, That the recorder shall have power when trying any person charged with a violation of the ordinances of the Town of Palmetto, if it shall be made to appear that such person has violated any of the criminal laws of this State, to commit such person to jail or require such person to give bond, if a bailable offense, to appear before the court having jurisdiction to try it. Recorder's powers. Sec. 14. Be it further enacted, That the Mayor and Council at the first meeting after their election, or as soon thereafter as practicable, shall elect a clerk, a treasurer, a marshal or marshals of said town and require a bond for the faithful performance of their duties; and whenever they see proper to do so they may elect a recorder, but the election of a recorder shall be optional with said Mayor and Council the Mayor performing the duties when there is no recorder, as provided in Section 12 of this Act. Clerk, treasurer, and marshal. Sec. 15. Be it further enacted, That the Mayor and Council of the Town of Palmetto shall prescribe all duties required of the officers of said town in addition to those prescribed in this Act, confer on them all such powers, duties and liabilities not in conflict with the laws of this State as they may deem proper; provide for their

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removal from office, fix their compensation, but the compensation of the Mayor, clerk and recorder shall not exceed fifty dollars per annum each, and the compensation of marshal shall not exceed nine hundred dollars per annum; if the treasurer shall receive any compensation, it shall not exceed fifty dollars per annum. Duties and powers of officers. Compensation. Sec. 16. Be it further enacted that the Town of Palmetto, through its Mayor and Council, may appoint such extra policemen and deputy marshals as may be necessary. Extra police. Sec. 17. Be it further enacted, That the Town of Palmetto through its Mayor and Council shall have the power to levy and collect, for the support of the government of said Town of Palmetto, and to defray its annual expenses, an ad valorem tax on all the taxable property in said town, said tax not to exceed one per cent. Tax ad valorem. Rate. Sec. 18. Be it further enacted, That the Town of Palmetto, in addition to the tax provided for in the foregoing section, shall have right and power, in case or cases of emergency, to be judged of by them, to levy an extra tax, not to exceed one-fourth of one per cent. on the taxable property in said town, at an election specially called by the Mayor and Council to determine that question, and then it shall only be levied one time under the authority of one election, and shall not be levied again unless authorized by another election, but they may have an election as often as they please under this section, but said tax shall not be levied more than once in any year. And any election held under this election must be advertised for thirty days before the same can be held. Extra tax. Election. Sec. 19. Be it further enacted, That said Town of Palmetto, through its Mayor and Council, shall have the power to levy and collect such license, occupation or vocation tax as they may see propery, on every business, occupation, or calling of whatever kind or character carried

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on or offered to be carried on in said town, and to enforce collection of such taxes by execution and penal ordinances. License and occupation taxes. Sec. 20. Be it further enacted, That the Town of Palmetto shall have the power to compel all male persons between the ages of 16 and 50 years, who are not exempt by law from road duty, to work on the streets 15 days in each year, but they may accept from such persons such sum of money in lieu of such work as they may see proper, not to exceed five dollars, and they are hereby empowered to pass and enforce all ordinances not contrary to law to carry this section into effect. Street work. Commutation tax. Sec. 21. Be it further enacted, That the Mayor and Council of the Town of Palmetto shall have the power to appoint three freeholders of said town as tax assessors (and fix their compensation), whose duty it shall be to carefully scrutinize each return of property, real and personal, made by every taxpayer of said town, and if in their judgment, they shall find the property embraced in said return, or any portion thereof, returned below or above its value, it shall assess its true value. Said Board of Assessors may also assess the value of all property in said town not returned for taxation, and after making their assessment said Board shall grant to any person interested and asking therefor a hearing. And after said hearing they shall increase, decrease or confirm such assessment as they may deem fair and just, and this action shall be final. Tax assessors. Sec. 22. Be it further enacted, That the Mayor and Council of the Town of Palmetto shall have full and complete control of the streets, alleys, sidewalks, public parks and square, and the public property of said town, and shall have power to close, open, lay out, widen, straighten or otherwise change all streets, sidewalks, alleys, parks and squares of said Town of Palmetto, and the right to condemn private property for public use

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aforesaid, and to prescribe such rules and regulations, not in conflict with the laws of this State, for the assessment of the damages for the private property so condemned, and for carrying this section into effect. Streets and sidewalks. Damages. Sec. 23. Be it further enacted, that the Mayor and Council of said Town of Palmetto shall have the power to organize one or more work gangs, and confine to work therein persons who have been sentenced by the courts of said Town of Palmetto to work upon the streets or other public works of said town, and shall have power to make all rules and regulations that may be suitable, usual or necessary for the government, discipline or control of said work gangs, and to enforce the same through its officers and employees. Workgangs. Sec. 24. Be it further enacted, That the Mayor and Council of the Town of Palmetto shall have the power to establish and regulate markets; to prescribe the time of holding the same; to prevent injury and annoyance to the public or individuals from any thing dangerous, offenseive or unwholesome; to prevent cattle, hogs, sheep, horses, dogs, and other animals and fowls, from going at large in said town; to protect places of divine worship in and about the premises where held; to abate or cause to be abated any thing that shall become a nuisance; to own, control and regulate the cemeteries in said town; to control, provide for and regulate interments therein; to provide for proper care of said cemetery, streets and drainage of the lots therein; to provide, when they see proper, for the macadimizing and paving the streets of said town and the sidewalks; to protect persons and property in said town, to preserve peace and good order therein. And for this purpose to appoint, when necessary, a police force to assist the marshal in discharging his duties; to prescribe the duties and powers of officers appointed by the Mayor, or the Mayor and Council of said town; to fix their term of service and compensation;

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to require of them such bonds and security as they deem proper. Regulations of sundry matters. Sec. 25. Be it further enacted, That the Town of Palmetto, through its Mayor and Councl, shall have the power to fix the fire limits in said town and to restrict, enlarge or change the same; and shall have the power to regulate and fix the kind of buildings to be erected within said limits of said town; to prevent any one from erecting any building until the material and plans are approved by the Mayor and Council, or such officials as they may designate for that purpose, and shall have power to condemn such buildings as are constructed in such manner as render them dangerous to remain in said limits; they shall have power to pass all rules and regulations not contrary to law, necessary in their judgment to carry this section into effect; provided, they shall have no power to destroy any property within said limits which has already been erected, before said limits are prescribed or changed, so as to include said property, unless it is in such condition or is put to such use as to become a nuisance or dangerous to the life or health of the citizens of said town. Fire limits. Building regulations. Sec. 26. Be it further enacted, That the Town of Palmetto, through its officers, shall have the power to remove any forge or smithshop when in its operation it becomes necessary to insure safety against fire; it shall have the power to remove stove pipes, stove flues, or other things which endanger the town as to fire; and shall have power to abate all nuisances within the corporate limits of the town and in case any nuisance is erected in the town they may abate the same at expense of the person erecting the same. Precautions against fire. Nuisances. Sec. 27. Be it further enacted that the Town of Palmetto shall have power to enforce by execution, issued by the clerk, to be attested in the name of the Mayor, the collection of any amount due or to become due to it

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for taxes, license fees, assessment, fines and forfeitures, or any other demand for which suit does not have to be brought in the State court and it may also collect by penal ordinances any of the above amounts except for ad valorem taxes or forfeitures, the execution to be levied by the marshal, and the property sold by him at public sale in a public place in said town after advertising, as may be prescribed by the Mayor and Council, personalty for ten days and realty for thirty days before sale. Collection of taxes, etc. Sec. 28. Be it further enacted, That the Mayor and Council of said Town of Palmetto shall have power and authority to establish police rules and regulations and shall have the power to pass and enforce all laws and ordinances not in conflict with the constitution and laws of this State, which in their judgment will tend to promote the safety, health, good order, morality, peace and general welfare of said town, and persons and property therein. General welfare. powers. Sec. 29. Be it further enacted, That the Mayor and Council of the Town of Palmetto, may in the manner prescribed by law, provide, by ordinance, for the issuing of bonds for the buying, building, enlarging or extending the public utilities for the city, including waterworks, sewers, electric lights, public schools and other improvements for said city in such an amount as is not in excess of the amount allowed by law to municipal corporations. Bond issues. Sec. 30. Be it further enacted, That the Council of said town shall have the power and authority to grant franchises to street railways, telephone companies, and any other companies for the erection of any other improvements of said city, and to charge therefor or grant them free of charge, as they may deem best. Franchises. Sec. 31. Be it further enacted, That the Mayor of said town shall have the right, upon the recommendation of two Councilmen, or of the recorder, to pardon any

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person convicted or sentenced for a violation of any of the laws or ordinances of said Town of Palmetto. Pardons. Sec. 32. Be it further enacted, That there shall be a Board of Education of said town under the corporate name of the Palmetto Board of Education, with rights to sue and be sued in its corporate name, and whose duty it shall be to manage, control, maintain and establish, as hereinafter provided, a public school for and in said Town of Palmetto, said Board of Education to consist of three members, to be elected by the Mayor and Council of said City of Palmetto, at the earliest practicable time, after this Act goes into effect; at the first election, one member shall be elected for a term of one year, one for a term of two years, one for a term of three years; thereafter election for members of said Board of Education shall be held annually at such time as the Council of said town shall have fixed, or as soon thereafter as practicable, and the members of the Board of Education elected after said first election shall be for a term of three years. All vacancies in said board shall be filled by special elections by said town Council and shall before the unexpired term only, and the members of said board shall hold their office until their successors shall be elected and qualified. Before entering upon the discharge of their duties they shall each take and subscribe an oath to faithfully, honestly and impartially discharge the duties of their office. No person shall be eligible to membership in said board except such persons as would be eligible to election as Councilmen of said town, and no person shall be eligible to election to such membership, who, at the time of his election, is Mayor or Councilman of said town, that said Board of Education is authorized, empowered and required to make such by-laws, rules and regulations for carrying the provisions of this Act into effect, and for the 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 incorporated. Election and terms of office. Vacancies. Oath. Eligibility.

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Sec. 33. Be it further enacted, That the officers of the Board of Education shall be a president, vice-president, secretary and treasurer, all of which officers shall be elected upon said board and they may elect such other officers as they may deem advisable. The secretary and treasurer, who shall be one person, before entering upon the discharge of his duties, shall take and subscribe to an oath to faithfully discharge the duties of his office, and shall give bond for such sum as may be fixed by the Board of Education, to faithfully account for all money coming to his hands as such officer, which bond shall be made payable to said Board of Education, and the said Board of Education, to faithfully account for all money and maintain the same upon such bond in any court of this State, for any breach of such bond, by the secretary and 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 money except by the order of the board. His term of office shall be for one year and until his successor is elected and qualified. Officers of board. Secretary and treasurer; bond and oath. Sec. 34. Be it further enacted, That said Board of Education shall have power, and it is hereby made the duty of said Board, to devise, design and adopt and establish under this Act a system of public schools, to modify the same from time to time, to establish such schools as they may see fit for the white children and also for the colored children of said town, and which for the races shall be entirely separate and distinct 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 Council of the Town of Palmetto. Public-school system. Races separated. Sec. 35. Be it further enacted, That said Board of Education shall keep full and accurate minutes of the proceedings of said board; the said board shall meet at least once a month in regular session, and which said minutes and other books shall be subject to inspection

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by the Mayor and Council or any other interested citizen of the town. Said board shall supervise, regulate and make efficient said school system, shall prescribe a curriculum and the books to be used in said school; shall elect and employ teachers for said schools, and if they see fit, a superintendent for said schools; they shall have the right to remove or suspend such teachers and superintendent whenever in the discretion of the members of the said board they may deem such action to be for the best 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 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 school and provide suitable apparatus, furniture and appliances of every kind for the use of said schools, and do any and all other acts that they may deem best to promote the best educational interest of said town not in conflict with the State laws. 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. Duties and powers of board. Sec. 36. Be it further enacted, That said board shall, out of any funds going into their hands, provide school houses by renting, leasing, purchasing or building suitable buildings, and shall properly furnish the same for school purposes. The title of all such property shall be in the Town of Palmetto. School-houses. Sec. 37. Be it further enacted, That said Board of Education shall keep an accurate account of all money or property received by them for the use of said public schools and all of expenditures made by them. These accounts shall at all times to be open to inspections to the Mayor and Council of the Town of Palmetto, or any

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citizen of said town. The members of said board shall be personally liable to the corporation of the Town of Palmetto for all moneys paid to said board for the use of said public schools, and by them appropriated and paid out for any other purposes. Accounts. Personal liability. Sec. 38. Be it further enacted, That said board shall annually at the regular session of the Mayor and Council of said town, in July of each year, make a report to said Mayor and Council, in writing, of the condition of said schools, and shall accompany said report with a full itemized statement of all the moneys received and expended by said board, and present the vouchers therefor. This report shall contain an estimate of the amount of funds required for the proper conduct of said schools for the ensuing year, and like reports shall be furnished at any time by said board to said Mayor and Council when requested. Annual report. Sec. 39. Be it further enacted, That the terms of the officers of said board shall be fixed for one year, and they shall provide by-laws and regulations adopted by said board for the election of their officers, and no officer shall have any compensation except such as may be fixed by the Mayor and Council of said town not to exceed twenty-five dollars except the secretary and treasurer, whose compensation shall be fixed by the Board of Education prior to his election and qualification, not to exceed, however, one hundred and fifty dollars per annum provided, however, that said board by unanimous vote, can pay reasonable compensation for special services which they may find necessary to secure in order to properly and legally put this system of public schools into operation and to keep it in legal and proper condition. Terms of office. Compensation Sec. 40. Be it further enacted, That the public schools herein provided for shall run for a period of not

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more than ten months, nor less than five scholastic months in each year. School terms. Sec. 41. Be it further enacted, That all taxes to be raised by levy under this Act shall be used not only for the purposes herein mentioned, but also for establishing and maintaining said schools, and providing furniture, apparatus, grounds and buildings, for school; provided further, that it shall be lawful, in the sound discretion and best judgment of the Board of Education, to charge and require a small incidental or matriculation fee for each pupil admitted into said schools, which amount shall in no event exceed the rate of one dollar and a half per month. Use of taxes. Incidental fee. Sec. 42. Be it further enacted, That all school children between the ages of six and eighteen years who are bona fide residents of said county, with the parents and guardians, shall be entitled to the benefit of said school and no such child or children shall be required to pay tuition for such course of study as may be prescribed by the Board of Education, except in the incidental or matriculation fees above mentioned, but the Board of Education, in their discretion, may require children living beyond the limits of said town to pay tuition for and during the school term provided. All such tuition shall become a part of the fund for the maintenance of said public school system and must be used and accounted for as likewise any other fees. Tuition charged to non-residents only. Sec. 43. Be it further enacted, That the 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 said finding to the Mayor and Council at its regular meeting in July, and the Mayor and Council are hereby authorized to levy a special ad valorem tax, in addition to those provided by Section 17, not to exceed one-half of one

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per centum, on all property in said city subject to taxation, and when the taxes for such purpose are levied and collected, the collector of said city shall pay over the same to the secretary of the Board of Education; said taxes shall be collected as other taxes in said town and shall not later than February be paid to the secretary of the Board of Education, and said taxes shall not be paid out by the secretary and treasurer of said board except upon order of said Board of Education under such regulations and requirements as they shall provide. Estimate. Ad valorem tax rate. Sec. 44. Be it further enacted, That the Board of Education of Campbell County, or such body as may have charge of the public schools of said county, shall not establish any school within the corporate limits of the Town of Palmetto, nor have any authority or voice in the management of the schools therein established, under provisions of this Act, by the Board of Education of the Town of Palmetto. County school excluded. Sec. 45. Be it further enacted that the State School Commissioner of Georgia is hereby required to pay over to the Board of Education of the Town of Palmetto the pro rata of the State and county school funds to which said town is entitled, according to the number of children of school age, residing within the corporate limits of the Town of Palmetto, as shown by the last school census. The amount thus to be paid shall be paid at such time as the teachers of the County of Campbell are paid, and, when paid, shall be expended by said school board for the support and maintenance of said public schools of the Town of Palmetto; it shall be the duty of the Board of Education of the Town of Palmetto to have, prepare and furnish the State School Commissioner at such time as the school census for the County of Campbell may be taken, a list or census of all the children of school age residing within the limits of the Town of Palmetto. The Board of Education of the Town

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of Palmetto shall have the authority to admit the children of non-residents upon such terms as may seem to them reasonable and just; also to admit children of public school age who reside in Campbell County but without the corporate limits of the Town of Palmetto, and to make contracts with the Board of Education of the County of Campbell for such pro-rata amount as may be due by the County of Campbell of the State and county public school funds for such purposes. State fund. Payment. Non-resident children. Sec. 46. Be it further enacted, That the present municipal officers in said town, except the present Board of Education, shall hold their offices until the expiration of the time for which they were elected, and shall perform all duties required of them under this charter during said time, and the Mayor shall perform all the duties of recorder until a recorder shall be elected, and all the ordinances passed by the Mayor and Council of the Town of Palmetto under the previous charter, not in conflict with law shall be and remain in force as the ordinances of the Town of Palmetto until the same shall be repealed by its Mayor and Council. Present officers hold. Sec. 47. Be it further enacted, That the enumeration of powers contained in this Act shall not be considered restricted, but the Town of Palmetto and its authorities may exercise all powers, rights and jurisdiction as they might have if such enumeration were not made in this Act as above designated, and the Mayor and Council of said city may deem needful and proper for the general welfare of said town, and whereunder this Act rights are conferred, or powers granted, but the manner of exercising them is not prescribed, the Mayor and Council may prescribe, by ordinance, the method of exercising them, or may prescribe additional regulations and modes of procedure not repugnant to the interests and purposes of this Act, nor the laws of this State. Powers not hereby restricted.

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Sec. 48. Be it further enacted, That all Acts heretofore passed by the General Assembly incorporating said Town of Palmetto, amending said charter and conferring powers and liabilities thereon be and the same are hereby repealed. Repeal of former acts. 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 7, 1920. PATTERSON, NEW CHARTER FOR TOWN OF. No. 657. An Act to create a new charter for the Town of Patterson, Georgia, in the County of Pierce, and to reincorporate said town and declare and consolidate the rights and powers of said corporation; to define the corporate limits of said Town of Patterson, to provide for a Mayor and Board of Aldermen, and other officers of said town, and to prescribe the powers, rights and duties and liabilities of all officers of said town, and the manner of their election or appointment, and their removal from office; to provide for the detention of the present officers of said Town of Patterson until the election of officers for said town under this charter and their qualification, to provide that all the ordinances, rules and regulations of the corporation of the Town of Patterson not in conflict with this Act shall remain valid and in force as ordinances, rules and regulations of said town, incorporated by this Act until the same are repealed or amended by the Mayor and Aldermen of said town, to provide for street and sidewalks and the working, opening, repairing and maintaining the same; to provide for the establishment and maintaining

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of parks and cemeteries; to provide for the assessment, levying and collection of an ad valorem tax upon all property, both personal and real, for general purposes; to provide and authorize the granting of licenses to and taxing all kinds of business, trades, professions, shows, exhibitions and entertainments; to provide for all matters of municipal concern, needs and requirements, and for other purposes. Section 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 Patterson, heretofore incorporated under the laws of Georgia, shall from and after the passage of this Act, have and be known by the corporate name of The Town of Patterson, and by and in that name be and is hereby vested with all the rights, privileges and powers incident to municipal corporations in this State, and the said Town of Patterson created by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact, through its Board of Aldermen, who shall compose the Town Council, such ordinances, rules and regulations, and for the transaction of its business and the welfare and proper government of said town as said Town Council may deem best and which shall be consistent with the laws of the State of Georgia and of the United States. And the said Town of Patterson shall be able by law and is hereby authorized and empowered to purchase, hold or lease, sell, exchange, possess and retain for any number of years, any estate or estates real or personal, lands and tenements of all kinds whatsoever, either within or without the limits of said town, for corporate purposes. Said town shall have special powers in its corporate capacity that said Mayor and Aldermen may deem necessary for the welfare of the town or its citizens, to assess values of property, to levy

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and collect taxes thereon and remove nuisances. They shall have full power and control over streets, lanes and alleys of the town, and to levy and collect a street tax or commutation tax therefor, and to remove obstructions therefrom, as is generally exercised by and granted to municipalities, and shall in general have all the powers incident to municipal corporations under the laws of this State, which is necessary and proper in order to regulate, make, maintain, control and preserve a proper and legal government of said town, and to decide what act or thing shall be unlawful. Corporate name. General powers. Special powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said Town of Patterson as enacted by this Act shall be as follows: Beginning at the center of the main public railroad crossing, where the public road crosses the track of the Atlantic Coast Line Railroad in said town, and running and extending in every direction from said point a distance of seven-eighths (7-8) of a mile. Territory. Sec. 3. Be it further enacted by the authority aforesaid, That the government of said town shall be vested in a Town Council composed of a Mayor and four Aldermen. The present Mayor and Councilmen of the corporation of said Town of Patterson shall continue in office and be the officers of said town until their successors are elected and qualified under the terms of this Act, and they and their associates and successors shall have and execute all rights, powers and duties hereby conferred on the Town Council of the Town of Patterson, created by this Act, and all the ordinances, rules and regulations of the old corporation of said town, not repugnant to this charter, shall continue in full force and effect until the same are repealed, amended, changed or modified by the Town Council of the Town of Patterson, and all transactions or business or any matter or thing, or any right, title or interest that may have been vested in said Town of Patterson under prior Act,

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shall be vested in the Town of Patterson in its new capacity under this charter, and this condition shall prevail with reference to all rights and under whatever rules, ordinances or regulations said town may have held said rights. Government. Mayor and aldermen. Ordinances of force. Sec. 4. Be it further enacted by the authority aforesaid, That the term of the Mayor and each Councilman shall be one year and until their successors are elected and qualified, and the first election for Mayor and Councilmen under this charter shall be held on the second Saturday in December, 1920, and there shall be an election for Mayor and Councilmen each year thereafter on the second Saturday in December. The term of office of said Mayor and Councilmen shall be for one year, beginning on the first day of January, 1921, and thereafter beginning on the first day of January of each and every succeeding year. At the first regular meeting of the Mayor and Council after any election they shall qualify as such Mayor and Council and elect from their Board of Aldermen a Mayor Pro Tem., whose term of office shall be one year. In the event of a vacancy occurring in the office of Mayor and Aldermen, or either the Mayor or any member of the Aldermen by reason of failure of any one or more refusing to qualify and act, when elected or by resignation, removal from town, death or otherwise, the vacancy may be filled by remaining members of said board, provided there is still remaining on said board a sufficient number to form a quorum, if there is not such a quorum remaining on said board, then and in that event, an election shall be called by giving ten days written notice, to elect such officers to fill any vacancies thus occurring on said board, said election to be held and managed, returns made and results declared, in the same manner as regular elections, as hereinafter provided. Terms of office. Elections. Sec. 5. Be it further enacted by the authority aforesaid, That if for any reason there should be a failure

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to have the regular election for Mayor and Aldermen at the regular time provided for the same by this charter, it shall be the duty of said Town Council in power to order an election for Mayor and Council as early as practicable thereafter by giving at least ten days notice of the same by publishing said notice by posting notices of the same in two or more public places in said town, and such election shall be held and managed and results declared in the same manner as a regular election, as provided for hereafter. Special election. Sec. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of Mayor or Aldermen who is not a citizen of said town and who is not a freeholder therein, and who shall not have resided in the State three years, in the county two years, and in the Town of Patterson one year, next preceding an election at which he is a candidate. Eligibility. Sec. 7. Be it further enacted by the authority aforesaid, That the Mayor of said town shall be its chief executive officer. He shall see that all laws, by-laws, ordinances, rules and regulations of said town are executed, and that all officers of said town faithfully execute the duties required of them. He shall have general supervision of the affairs of said town, shall preside at meetings of the Town Council and at police court, and he shall have authority to convene the Council in extra session whenever he deems it proper to do so. Said Mayor shall have the right to vote upon any question before the Town Council only in case of a tie. Mayor's duties and powers. Sec. 8. Be it further enacted by the authority aforesaid, That in case of absence or disqualification of the Mayor, the Mayor pro tem. shall have the right to act in the place of said Mayor and perform any and all functions that the Mayor has the authority to perform. Mayor pro tem. Sec. 9. Be it further enacted by the authority aforesaid, That said Mayor, or said Mayor pro tem., and

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two Councilmen shall constitute a quorum for the transaction of any business before the Town Council, and that a majority of the votes shall determine all questions and elections before the Town Council. Said Town Council shall hold regular meetings at least once every month, and more frequently if the occasion should demand, at stated times and places in said town, and shall hold such meetings as may be ordered by the Mayor, or in his absence by the Mayor Pro Tem., for special purposes or upon the request of the majority of the Council. The regular meetings of Council shall be held on the first Monday nights in each month, but such regular monthly meetings may be changed for any good reason appearing to a majority vote of the Council. The public shall be allowed at all times to witness the deliberations of said Town Council, except when the Town Council resolves itself into executive session, then the public may be excluded. Quorum. Meetings. Sec. 10. Be it further enacted by the authority aforesaid, That the Mayor, Mayor pro tem. and each Alderman, before entering upon the discharge of their respective duties, shall take and subscribe before some officer authorized by the law of said State to administer oaths the following oath: Ido solemnly swear, or affirm, that I will faithfully and impartially discharge all the duties devolved upon me as Mayor, Councilman or other officer, as the case may be of the Town of Patterson, protect and promote its interest and prosperity, and every citizen thereof, without fear, favor or affection, according to the best of my skill and power, so help me God, which oath shall be entered on record upon the minutes of the Council. Oath of office. Sec. 11. Be it further enacted by the authority aforesaid, That every male citizen of said Town of Patterson, incorporated under this Act, who is twenty-one years old and has lived in said State one year and in said town

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six months next preceding any election and who is legally qualified to vote under the laws of said State, shall be qualified to vote at any election held in the Town of Patterson for any purpose whatever. Voters qualiled. Sec. 12. Be it further enacted by the authority aforesaid, That the election for Mayor and Council for said town shall be held on the second Saturday of December in each year, that all elections for Mayor and Aldermen and elections on any questions submitted to the voters of said town shall be held at the court house of the justice of the peace in said town. The Mayor and Aldermen shall have full power and authority to call any special election for any purpose, whenever they deem it expedient for the interest of said town. All elections to be held by at least two persons who shall be qualified to hold and superintend elections for members of the General Assembly of this State, and said election shall be held in the same manner and under the same rules and regulations as elections for members of General Assembly, except as above provided, and that said elections may be opened at ten o'clock A. M. and closed at four o'clock P. M. The managers of said elections shall certify the names of those elected, which certificate shall entitle the holders thereof to qualify to hold the offices to which they were elected. Elections. How held. Certificate. Sec. 13. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of said town are hereby authorized and empowered to elect a clerk and treasurer and chief of police, and as many policemen as they may deem necessary, a Board of Health, sanitary inspector, building inspector, chief of fire department, town physician, town attorney and tax assessor or so many of said officers and such other officers as they may deem necessary and proper, at such times and for such periods of time and for such purposes as they may deem right and proper, and to fix their compensation, and require such bonds as they may deem proper, prescribe

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their duties and oaths, and may suspend or remove them from office at their discretion and all officers or appointees elected or appointed by said Mayor and Town Council, shall accept such offices subject to be suspended, removed or dismissed therefrom. 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, and may at their discretion appoint such officers or appointees at any time during their term of office. Municipal officers. Sec. 14. Be it further enacted by the authority aforesaid, That the office of clerk and treasurer of said town may be combined, one person holding both positions at the option of said Mayor and Town Council, and it shall be his duty as such clerk and treasurer to collect and keep, subject to the direction of said Town Council, all money due and belonging to said town, to be the custodian of the books and records of said town, to attend and preserve a minute record of all acts and doings of each meeting of the Town Council, to be ex-officio clerk of the police court of said town and to perform all and such other duties as are required of him under this Act and which may be required of him from time to time by the ordinance and regulations of said Town Council. He shall keep a set of books upon which he shall make entries of all sums of money received and all moneys paid out, when and to whom and for what purposes; shall give receipts for all money received by him and take receipts for all moneys paid out by him. Shall keep a tax digest of all property, real and personal, returned for taxation and collect all municipal taxes not otherwise provided for, issue all executions for and against defaulters for taxes and for fines, said executions to be directed to the marshal of said town and his deputies, issue all licenses and collect all license fees and other moneys due the town, including the street taxes, and shall be the custodian of all the funds of said town, and

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shall do and perform all such duties as may be imposed upon him by the Mayor and Town Council. Such clerk and treasurer shall receive such salary, or fees and costs, or both, as the Town Council may see fit and proper to fix as compensation for his services. Before entering upon the discharge of his duties as such clerk and treasurer, he shall enter into a bond in the sum of not less than three hundred dollars, and as much more as the Town Council shall deem proper, with good and sufficient sureties, to be approved by the Mayor, and payable to the Town Council and their successors in office, conditioned to faithfully discharge all the duties devolved upon him as such officer and to collect and pay over and account for all moneys and other incomes of said town from whatever source derived. Said bond to be filed and recorded on the minutes of the Town Council. Clerk and treasurer. Duties. Compensation. Bond. Sec. 15. Be it further enacted by the authority aforesaid, That all other officers elected or appointed by the Town Council shall take such oaths and give such bonds as may be required of them and shall perform such duties as they may be required to perform under the ordinances, rules and regulations of said Town Council and to otherwise conform to all requirements made by the Town Council governing such offices. Bonds and oaths of office. Sec. 16. Be it further enacted by the authority aforesaid, That the compensation for salaries of Mayor and Aldermen, and all other officers, servants and employees of said town shall be such sums as the Town Council may fix, which may be either in a named sum as salary for the year, or may be in fees to be collected for the performance of certain duties, provided, however, that the salary of the Mayor shall not exceed twenty-five dollars per year, and the salary of the Alderman shall not exceed twelve dollars per year, and provided further that the Mayor and Aldermen of said town shall not be required to pay street tax during any year that they are holding office. Salaries.

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Sec. 17. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town shall have the right and power in order to raise revenue to properly carry on the government of said town, to build sewers, to procure water supplies, to make, open, grade, repair and keep in order the streets and bridges of said town, to light the same, to properly police the same, to pay salaries, cost and expenses of the town officers and employees, and to furnish, maintain and regulate all things needful and appertaining to the protection of the interest of said town and the welfare of the citizens therein, for the suppression of crime, maintenance of law and order, payments of the debts of the town, for educational purposes, for cemetery purposes, for caring for prisoners and for all such other purposes as would tend to add to the comfort, safety, convenience, benefit, health and advantage of said town and the citizens thereof, and for the natural improvement of said town, as in their best judgment may be necessary, to levy and collect an ad valorem tax not to exceed one-half (1-2) of one per cent. on all the property, both real and personal, within the corporate limits of said town which is subject to State tax under the constitution of laws of this State, and also to impose, levy and collect such tax as they, the Town Council, may deem necessary and proper upon all trades, business, callings, professions, sales, shows, carnivals, which are the legal subject of taxation and may enforce payment of the same by license or direct tax in such manner as they may determine to be best and most advantageous. All taxation on property shall be uniform on the same class of subjects. Revenue. Rate of tax ad valorem. Occupation taxes. Sec. 18. Be it further enacted by the authority aforesaid, That all male persons residing within the limits of said town shall be subject to work the streets of said town not to exceed ten days during any year, who are subject to road duty under the existing State laws, but that in lieu of working upon the streets the Town Council

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may assess a capitation street tax of so much per day for each day during the year that the street hands may be called upon to work the streets, such an amount per day as the Town Council may think right and proper for such work under existing conditions. Such male citizens shall then have the option of paying such street tax, or of working upon the lanes, streets and alleys of said town, the number of days called for by said Town Council, under the superivision of the chief of police or marshals of said town. Thirty days continuous residence in the town shall be sufficient to constitute one liable for street duty, either to pay the street tax or work the streets. Street work. Capitation tax. Sec. 19. Be it further enacted by the authority aforesaid, That all persons subject to taxation who shall fail or refuse to render in his, her or their property, or pay the tax on the same when required by the ordinances of said Town Council, may be proceeded against by having their property double taxed, and execution in the same manner and according to such rules and ordinances as may be adopted by said Town Council to enforce the collection of said taxes. Tax defaulters. Sec. 20. Be it further enacted by the authority aforesaid, That said Mayor and Town Council shall have power and authority to lay out, change in any manner, open up, lay out and repair any of the streets, sidewalks, roads, bridges, alleys, and fully have the power to maintain, protect, build, all courses of travel by the public, provided that in the case of constructing any new road, street, lane or alley they shall give the owners over which it goes ten days notice before constructing or establishing the same. Said Mayor and Council shall have the power and authority to cause all encroachments, obstructions or hindrances that may be placed on any of the streets, roads, lanes or alleys, to be removed, if in their opinion the same should not be permitted to remain on such ways of travel. Streets, bridges, etc. Obstructions.

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Sec. 21. Be it further enacted by the authority aforesaid, That there shall exist a lien on all property, real and personal, within the corporate limits of said town for the town taxes assessed thereon, and for all fines, penalties and forfeitures imposed upon the owners thereof by the town authority from the time the same are assessed or imposed, which liens shall have priority over all other liens, except liens for taxes due the State and county and said Town Council shall by ordinances provide the manner in which and the means by which said liens may be enforced and said taxes collected. Liens. Sec. 22. Be it further enacted by the authority aforesaid, That said Town Council shall have the power and authority to establish a fee bill for the services of the officers of said town, in which they shall have the authority to perscribe such fees for their officers as they deem right and proper, provided the same shall not exceed fees charged for such services by officers of the Superior Court, nor less than fees charged for such services by officers of the Justice Court. Fees of officers. Sec. 23. Be it further enacted by the authority aforesaid, That all writs, processes, subpoenas, summons, rules of all kinds, warrants, all executions for any and all kinds of taxes, license, fines, assessments and forfeitures, or demands made by the town or its corporate authorities against any person, firm or corporation whatsoever, shall be issued and signed by the town clerk and bear test in the name of the Mayor thereof and shall be directed to the policemen and marshals of said towns and their deputies, who are hereby authorized and empowered to execute said warrants and processes, provided, however, that it shall not be necessary or required that a warrant shall be issued against any party for petty offenses committed against the ordinances of said town, but such officers may arrest parties charged with violations of said town, such officers may arrest parties charged with

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violations of said town ordinances either with or without a warrant, and may arrest under warrant anywhere. Processes, warrants, etc. Sec. 24. Be it enacted by the authority aforesaid, That said Mayor and Council are hereby vested with power to establish fire limits in said town and to prohibit the erection of any wooden buildings or structures, annexes, awnings, as will, in the opinion of said Mayor and Council, increase the fire risk in such part or parts of said town designated as fire limits and may change or enlarge said fire limits when they deem it necessary and expedient for the welfare of said town. Said Mayor and Council shall have the power to prohibit the erection of any gin, blacksmith shop, compress, lumber yards, or other things where things of an inflammable nature are stored or manufactured, in parts of said town in which they deem it against the interest of the general public for the same to be erected or run, and said Mayor and Council may pass all ordinances and rules they deem necessary to safeguard said town against fire and infectious diseases, and may move and abate nuisances. Fire regulations. Sec. 25. Be it further enacted by the authority aforesaid, That said Mayor and Town Council shall have the authority to establish a quarantine system and make such sanitary regulations within the incorporate limits of said town as they may deem expedient and proper to prevent the origin, introduction or spread of disease or the prevention, either among the citizens or among all kinds of stock, may establish a pest house, maintain the same, remove and place and confine people or stock infected with any contagious disease at the expense of the person so affected or their family, or at the expense of the owner of such effected stock. Said Mayor and Council may prevent, stop or delay any person or persons or stock from coming into town by any method whatever should they have sufficient reason to suspect that their presence would introduce, bring in or spread infectious disease among the citizens or stock of said town. Quarantine and sanitary regulations.

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Sec. 26. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have full power and authority to own, maintain, repair, work, enlarge, buy, control and manage a cemetery or cemeteries for said town as they may in their discretion deem right and proper. Cemeteries. Sec. 27. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have power and authority to prevent and remove any and all disorderly houses and remove the inmates or occupants of lewd or any and all disorderly houses in said Town of Patterson and shall have power and authority to punish the inmates or occupants of any disorderly house, or any person for being disorderly or obscene, or indecent or profane language, or any indecent or disorderly conduct in any manner, and shall have full authority to pass all ordinances covering any and all kinds of improper, disorderly and indecent conduct upon the part of any person within the corporate limits of said town, and providing for the conviction and punishment for same, including such ordinances, rules and regulations as may be necessary and expedient for the preservation of order, decency, morality, peace, health, welfare, connivance and good government and condition in and for said town. Disorder and immorality. Sec. 28. Be it further enacted by the authority aforesaid, That the said Mayor and Town Council shall have full power and authority to administer the government of said town, and shall organize a police court for the trial of offenders against said town, its ordinances and this charter, and fix the time and place of holding the same, provide when necessary a town guardhouse or prison for the safekeeping and punishment of offenders, awaiting trial or convicts engaged in working out their sentences duly imposed, and to organize if necessary a work gang for the alternative punishment of persons convicted in the said police court. The Mayor shall be judge

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of the police court and shall preside over said court, and shall have full power and authority to administer the laws of said town, compel the attendance of witnesses, and fine or imprison any person who shall refuse to obey the writs, subpoenas, summonses or orders of said court and to the extent that the law authorized justice of the peace to punish such offenders, and to fine any person for contempt of court, such contempt occurring in the presence of the court. He shall try all offenders against the ordinances, rules and regulations of said town, and when found guilty, to punish such person or persons by fines not to exceed fifty dollars, or by imprisonment in the county jail or guardhouse of said town for a term not to exceed fifty days, or work on the town chaingang, on the public works, streets, highways or alleys of said town not to exceed fifty days, and any one or more of said punishments may be ordered and imposed in the discretion of said Mayor. Said Mayor shall be ex-officio justice of the peace so far as to enable him and authorize him to issue warrants for offenses committed within the limits of said town. Police court. Prison. Mayor as judge. Ses. 29. Be it further enacted by the authority aforesaid, That any person convicted before said police court may enter an appeal from the judgment of said police court to the Town Council of said town, provided the same is done within two days after conviction by said police court, and provided such appealer shall pay all the cost due in said case and shall give a good and sufficient bond to be approved by the Mayor to abide the final judgment in said case; on the trial of any such appeal case the Council shall have the right to review the same and pass on the same as a de novo investigation, and find such judgment as they deem proper without regard for the judgment of said police court. Should the defendant desire to certiorari any case from the judgment of said Town Council it shall be lawful to do so, provided the cost is paid and good and sufficient bond shall be given,

Page 1413

and said certiorari is presented to the judge of the superior court for his sanction within ten days after the trial and judgment of said Council. Appeals. Certiorari. Sec. 30. Be it further enacted by the authority aforesaid, That should the Mayor or any Councilman of said town be guilty of malpractice in office, or be grossly guilty of willful and grossly abusing the powers and discretion vested in him by this charter, or shall for any reason become unfit and incompetent to hold the respective office to which he has been elected or appointed, then and in that event a majority of said Board of Council may request his resignation, and upon such parties failure or refusal to resign within five days after said request, then it shall be the duty of said board to bring a rule against said party in the Superior Court of Pierce County calling upon him to appear and show cause why he should not be removed from said office. Malpractice or neglect. Sec. 31. Be it further enacted by the authority aforesaid, That all executions issued by the clerk of the Council of said town shall be directed to the policemen and marshals of said town, and shall state for what said execution is issued, and be returnable to the Council sixty days after the issuing of the same, and it shall be the duty of said policemen or marshals, or other levying officer, to advertise the sale of such real estate, or personal property as may have been levied upon by him to satisfy said execution in the same manner respectively of sheriffs' sales of real property, or constables' sales of personal property are required to be made under executions from the superior courts and justices' courts, and all the provisions of law applicable to sheriffs' and constables' sales under such proceedings apply and are hereby made applicable to sales under executions issued by said town clerk. Executions, levy and sale. Sec. 32. Be it further enacted by the authority aforesaid, That marshal or policeman of said town, or their

Page 1414

deputies, shall arrest any person or persons violating any of the provisions of this charter, and any of the ordinances, by-laws, rules or regulations of said town, and place such persons in the guardhouse or jail, subject to trial by the police court, or he may bond the offender over in a sum not to exceed one hundred dollars, for his appearance before the police court, such bail bond being made payable to the Town Council and their successors in office. Said marshal or policeman shall execute and enforce all judgments, sentences, and orders of the police court or the Town Council and all ordinances, by-laws, rules and regulations of said town as he may be directed therein, they shall levy and execute all processes and summons from the police court and all executions for taxes, fines, forfeitures and other debts. They shall have charge of the working of the streets and of the road hands and work gangs. Said marshal or policemen shall make arrests as herein stated, and is not required to have a warrant for violations of the town laws but may make same upon information and belief and bring them before the police court and shall collect all fines or forfeitures imposed by the police court, execute all sentences imposed by the Town Council, and faithfully and correctly keep an account of all and any moneys as come into his hands and pay the same over to the clerk and treasurer of said town. Before entering upon the discharge of his duties he shall enter into a good and sufficient bond in a sum not less than two hundred dollars and in a larger amount if the Town Council and their successors in office, approved by the Mayor, conditioned for a faithful performance of all the duties develoving upon him as such marshal or policeman and for a true and correct accounting of all the moneys received by him. Said marshal or policeman shall receive such salary, fees or costs, or both, as the Town Council may name and fix as compensation for his services. The bond of the marshal shall be filed and recorded on the minutes of the Town Council. Arrests. Marshal and policemen. Warrants not required. Bond.

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Sec. 33. Be it further enacted by 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, 1920. PELHAM CHIEF OF POLICE, ELECTION OF. No. 394 An Act to amend the charter of the Town of Pelham so as to provide for the election of the chief of police by the people, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the chief of police of the Town of Pelham, State of Georgia, shall be elected by a vote of the people, in the same manner as the Mayor and Council are now elected, and at the same time that the Mayor and Council are elected and shall assume the duties of his office at the same time that the newly elected Mayor and Council of said town assume theirs, each year. Election by popular vote. Sec. 2. Be it further enacted, That said chief of police so elected shall be amenable to the Mayor and Town Council, for the proper conduct of his office, and shall be removable from office by said body, upon trial and conviction for incompetency, neglect of duty, or malfeasance in office, any such trial to be conducted along the same lines as any other trial and when once convicted for any of the above offenses, then and in that event, the chief of police, so tried and convicted, shall be forever barred from holding any public office in said Town of Pelham. Trial and removal. Sec. 3. Be it further enacted by the authority aforesaid, that in the event of the removal of a chief of police

Page 1416

as set out in Section 2 of this Act, the Mayor of said town shall appoint a man to act as chief of police until an election can be called and held for the election of a chief of police, which election must be called and held within 30 days after said removal. Appointment. Sec. 4. In the event of charges being brought against the chief of police of said town, it shall be the duty of the Mayor of said Town of Pelham to suspend said chief of police from duty until such time as a trial can be had, which trial shall be within 15 days after said officer is suspended, and, at the time of the suspension from duty of said chief of police, the Mayor shall appoint a man to fill the place of such suspended officer until the trial of said officer is held and if said officer, after a trial shall be removed then and in that event he shall receive no pay for such time as he may have been suspended; if said officer comes clear of any such charges after a trial, then he shall be reinstated and his pay go on from the time of suspension. Suspension on charges. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1920. PELHAM COUNCILMEN, ELECTION OF. No. 392. An Act to amend the charter of the City of Pelham, in Mitchell County, so as to provide for the election of one Councilman from each fire ward in said town and one from the town at large. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That beginning with the next election to be held

Page 1417

in said Town of Pelham for city officers, one Councilman shall be elected from each fire ward, as is at the present time lain off, and one Councilman shall be elected from the town at large; their term of office to be the same length of time as at present provided in said charter of said town. One for each ward; one at large. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 19, 1920. PINEHURST CHARTER AMENDED. No. 573. An Act to amend an Act to incorporate the Town of Pinehurst, in the County of Dooly, approved December 16th, 1895, and the amending Act approved December 6th, 1902, creating a public school for the Town of Pinehurst, so as to provide as follows: To authorize the County Board of Education of Dooly County to pay or turn over to the Board of Education of the Town of Pinehurst such part of said school fund as may be the just pro rata share of said town; to change the incidental and matriculation fees; to provide for the issuing of bonds for the purpose of purchasing, building, completing and equipping high school buildings in said Town of Pinehurst; and to repeal the limiting of the jurisdiction of the County Board of Education of Dooly County in relation to said school, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act the above described amended Act, approved December 6th, 1902, shall be amended as follows:

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Beginning in the middle of the 21st line of Section 5 of said Act and striking therefrom the following: The State School Commissioner of the State of Georgia, and inserting in lieu thereof The County School Superintendent and Board of Education of Dooly County, and commencing in the 42nd line of said Section 5 and striking therefrom the following: The said Board of Education shall furnish said State School Commissioner with the number of children entitled to participate in said schools as provided in this Act, which shall be the basis upon which the share of the school funds of this State to which said town is entitled shall be reckoned, and inserting in lieu thereof as follows: For all purposes in distribution and apportionment of the public school money by the County Board of Education of Dooly County and County School Superintendent of said public schools of Pinehurst shall be a part of the public school system of the County of Dooly, and all children of school age resident in said county and attending said public school of Pinehurst shall be entitled to have their share of said public school money paid for them to the public schools of Pinehurst in the same manner and to the same extent as if attending any other of the public schools of said county, so that said section when amended shall read as follows, to-wit: Act of 1902 amended. To be read. Section 5. Be it further enacted, That the necessary fund for the establishing, conducting, maintaining and supporting such public schools shall be derived as follows: First, it shall be the duty of the said Board of Education, at or before the time of the annual levy of taxes for general purposes of said Town of Pinehurst, to make known to the Mayor and Council of said town the amounts of funds of the total per cent. on the total valuation of taxable property in said town necessary, in their discretion, for establishing, conducting and maintaining said schools; and it shall be the duty of said Mayor and Council of said town, and they are hereby authorized, empowered and required

Page 1419

to levy each year a special tax sufficient to raise the amount recommended by said Board of Education, not to exceed one per centum on all property, both real and personal, subject to taxation in said town, shall be collected as other taxes are collected for general purposes of said town, and when collected, and as collected, shall be passed and credited to the school account of said town, which account the said clerk and treasurer is hereby required to keep separate and distinct from all other accounts at all times, and which shall not be used for any other purpose except for school purposes. Second, the County School Superintendent and Board of Education of Dooly County are hereby authorized, required and directed to pay over to the clerk and treasurer of said Board the pro rata share of the State and county school funds to which said town is entitled, according to the number of children of school age residing within the corporate limits of said town, increased by the number of children of school age residing without the corporate limits of said town, who attend said chools. For each child of school age residing within the corporate limits of said Town of Pinehurst, and for each child of school age residing without the corporate limits of said town, but attending said schools, the said Board of Education of said town is entitled to receive for each year that amount apportioned from the State fund for each child of school age residing within the County of Dooly. The amounts to be thus paid shall be paid at the time and in the same manner that the teachers of the counties of this State are paid, and when paid over to said Board of Education of said town shall be expended by said Board for the maintenance of said schools. Third, all funds received from all other sources as is elsewhere provided in this Act, for all purposes, in distribution and apportionment of the public school money by the County Board of Education of Dooly County and County School Superintendent, said public schools of Pinehurst shall be a part of the public school system of the County

Page 1420

of Dooly, and all children of school age resident in said county, and attending said public school of Pinehurst shall be entitled to have their share of said public school money paid for them to the public schools of Pinehurst in the same manner and to the same extent as if attending any other of the public schools of the county. Estimate of school fund. Tax levy. Share of State fund. Apportionment. Payment. Sec. 2. Be it further enacted by the authority aforesaid, That Section 6 of said amending Act approved December 6th, 1902, shall be amended as follows: Commencing in the middle of line 10 of said Section 6 and striking therefrom the following: Which fees shall not exceed the sum of six ($6.00) dollars annually, so that said section when so amended shall read as follows: Act of 1902 amended. Section 6. Be it further enacted by the authority aforesaid, That at least one school for white children and one school for colored children shall be established and maintained under the provisions of this Act for not less than five months each year. No white child shall be admitted to any colored school and no colored child shall be admitted to any white school. All children who are entitled to the bneefits of the public school funds of this State shall be admitted to said schools upon the payment of such incidental and matriculation fees as the said Board may see proper to charge or impose. The said Board may, by a majority vote, refuse to admit any child or pupil to said schools, or may expel them from the same at any time, if in the judgment of said Board it would be detrimental to the moral or general welfare of said schools or the pupils thereof to allow them to enter or remain in said schools. Schools for whites and colored. Children entitled. Exclusion. Sec. 3. Be it further enacted by the authority aforesaid, That said amending Act be further amended by striking therefrom in its entirety Section 7 of said amending Act, which reads as follows: Section 7. Be it further enacted, That after the passage of this Act the County Board of Education of

Page 1421

Dooly County shall not contract with any person to teach a school in said Town of Pinehurst, nor shall they establish any school within the same, nor have any voice or authority over the management of the same. The entire and exclusive management of said schools is hereby vested in the Board of Education of the Town of Pinehurst. It shall not be lawful for the said County Board of Education to establish or maintain any school within two miles of the corporate limits of said Town of Pinehurst, and inserting in lieu thereof as Section 7 the following: Further amendment. Section 7. That the Mayor and Council of the Town of Pinehurst on recommendation of a majority vote of the Board of Education of said Town of Pinehurst shall be and they are hereby authorized, empowered, required and directed to issue bonds of said town in such sums and at such times as said Board of Education of Pinehurst may see proper, and of the denomination of $500.00 each, to become due and payable at such time or times not exceeding twenty years from the date of the issue thereof, as said Mayor and Council shall determine, and bear interest not to exceed the rate of 6% per annum; said bonds to be sold, issued and hypothecated for the purpose of purchasing, building, completing, and equipping a school building, or school buildings, in said Town of Pinehurst, and the proceeds of the sale of said bonds shall be by the Mayor and Council of the Town of Pinehurst, turned over to the clerk and treasurer of said Board of Education, to be by the Board of Education of the Town of Pinehurst expended for the purposes for which the said bonds were voted, and that the Mayor and Council of said Town of Pinehurst are hereby authorized and empowered to levy, assess and collect annually a sufficient tax upon and from the taxable property of said town, real and personal, to pay the principal and interest of said bonds as they shall become due. Which tax shall be separately levied, assessed, and collected for the specific purposes

Page 1422

herein designated, and shall not be used or applied to any other purpose whatever; and said Mayor and Council are hereby authorized, empowered and directed to issue interest coupons, payable annually for the interest on said bonds. Any remaining money on hand received and collected by taxation under this Act, after the payment of the maturing interest coupons and bonds each year, shall be held by said Mayor and Council as a sinking fund for the payment of bonds and interest maturing the next year. That the bonds shall be signed by the Mayor and clerk and treasurer of said town; and the money arising from the sale or disposition of said bonds shall be used by the Board of Education of said Town of Pinehurst in building, purchasing, completing and equipping suitable school buildings in said town, upon such terms and in such locality as said Board of Education may deem best for said town and school, and that the provision of this Act in relation to the issuing of bonds in said Town of Pinehurst with the proceeds of which to purchase, build, complete and equip suitable school buildings for said town, shall be submitted to a vote of the qualified voters of said town under regulations adopted by the Mayor and Council of said Town of Pinehurst, after the same is recommended by a majority vote of said Board of Education, and approved at an election or elections held for that purpose in accordance with the Constitution of this State; which said election or elections shall be held under an order of the Mayor and Council, and shall be advertised for 30 days immediately preceding such election or elections, whether held at the Council hall in said town, and in any newspaper published in said town; provided, that the Mayor and Council shall have provided at the expense of said town the votes to be cast in said election or elections, have written or printed on them `For Bonds' and `Against Bonds,' and if the question submitted at said election or elections shall be decided affirmatively, in accordance with the terms of this Act,

Page 1423

it shall be the duty of the corporate authorities of said town to issue and dispose of the bonds of said town in accordance with this Act; but should the question as to the issuance of the bonds be decided negatively at said election or elections, the effect shall be only to suspend the operation of this section in this Act in relation thereto for a period of six months; and that any election held under this Act shall be governed by the same rules and regulations as elections held for Mayor and Council of the Town of Pinehurst are conducted. New sec. 7. Bond issue. Bond tax. Sinking fund. Use of proceeds. Submission to popular vote. So that the said amending Act when so amended shall read and be as follows, to-wit: Amended act to be read. 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 there shall be established and maintained, conducted and supported, a system of public schools, as in the manner hereinafter provided, in and for the Town of Pinehurst, in the County of Dooly and the State of Georgia. Public schools Sec. 2. Be it further enacted, That there shall be a Board of Education for the said town consisting of five members, whose terms of office shall be for two years and until their successors are elected and qualified as hereinbefore provided, except that at the first election held hereunder there shall be two members of said Board elected for one year and three members for two years, which said election shall be held on the first Monday in December, 1902, and annually thereafter. But the first election under this Act shall be held on the second Monday in December, 1902. Said election shall be held under the same rules and regulations as the elections for Mayor and Aldermen of said town are held. Board of education. Sec. 3. Be it further enacted, That the said Board shall select from its body a Chairman, whose duty it shall be to preside over all meetings of said Board and execute its orders. The clerk and treasurer of the Town of Pinehurst shall be ex-officio clerk and treasurer

Page 1424

of said Board of Education, and it shall be his duty to attend all meetings of said Board of Education, and shall keep a record of all the proceedings of said Board, which record shall be subject to public inspection when demanded, and shall perform such other duties as may be prescribed by the Board, and for his failure and neglect to do so, the said Board shall have power to employ another to perform said duties and draw a warrant to pay for the same, which sum shall be deducted from the salary of said clerk and treasurer of said town. Chairman. Clerk and treasurer. Sec. 4. Be it further enacted, That said Board of Education shall have power to make such rules as they may deem necessary for the government of themselves, the teachers and pupils of said schools; to establish grades in said school and prescribe the curriculum of studies and text books to be used therein; to employ the teachers thereof; to fix their salaries and pay the same or cause it to be done; to provide for the convenience and necessary appliances of said schools; to do all lawful acts that they may deem necessary or beneficial to the proper operation of said school. Also to receive, hold, apply, sell or expend any donation or bequest of property or money made for the benefit of the said school. Powers of board. Sec. 5. Be it further enacted, That the necessary fund for the establishing, conducting, maintaining and supporting such public schools shall be derived as follows: First, it shall be the duty of the said Board of Education, at or before the time of the annual levy of taxes for general purposes of said Town of Pinehurst, to make known to the Mayor and Council of said town the amounts of funds or the rate per cent. on the total valuation of taxable property in said town necessary, in their discretion, for establishing, conducting and maintaining said schools; and it shall be the duty of said Mayor and Council of said town, and they are hereby authorized, empowered and required to levy each year a special tax sufficient to raise the amount recommended

Page 1425

by said Board of Education, not to exceed one per centum on all property, both real and personal, subject to taxation in said town, shall be collected as other taxes are collected for general purposes of said town, and when collected, and as collected, shall be passed and credited to the school account of said town, which account the said clerk and treasurer is hereby required to keep separate and distinct from all other accounts at all times, and which shall not be used for any other purpose except for school purposes. Second, the County School Superintendent and Board of Education of Dooly County are hereby authorized, required and directed to pay over to the clerk and treasurer of said Board the pro rata share of the State and county school funds to which said town is entitled, according to the number of children of school age residing within the corporate limits of said town, increased by the number of children of school age residing without the corporate limits of said town, who attend said schools. For each child of school age residing within the corporate limits of said Town of Pinehurst, and for each child of school age residing without the corporate limits of said town, but attending said schools, the said Board of Education of said town is entitled to receive for each year that amount apportioned from the State fund for each child of school age residing within the County of Dooly. The amounts to be thus paid shall be paid at the time and in the same manner that the teachers of the counties of this State are paid, and when paid over to the said Board of Education of said town shall be expended by said Board for the maintenance of said schools. Third, all funds received from all other sources, as is elsewhere provided in this Act, for all purposes in distribution and apportionment of the public school money by the County Board of Education of Dooly County and County School Superintendent, said public schools of Pinehurst shall be a part of the public school system of the County of Dooly, and all children of school age

Page 1426

resident in said county, and attending said public schools of Pinehurst shall be entitled to have their share of said public school money paid for them to the public schools of Pinehurst in the same manner and to the same extent as if attending any other of the public schools of the county. Estimate of school fund. Tax levy. Share of State fund. Apportionment. Payment. Sec. 6. Be it further enacted by the authority aforesaid, That at least one school for white chilren and one school for colored children shall be established and maintained under the provisions of this Act for not less than five months in each year. No white child shall be admitted to any colored school, and no colored child shall be admitted to any white school. All children who are entitled to the benefits of the public school funds of this State shall be admitted to said schools upon the payment of such incidental and matriculation fees as the said Board may see proper to charge or impose. The said Board may, by a majority vote, refuse to admit any child or pupil to said schools, or may expel them from the same at any time, if in the judgment of said Board it would be detrimental to the moral or general welfare of said schools or the pupils thereof to allow them to enter or remain in said schools. Schools for whites and colored. Children entitled. Exclusion. Sec. 7. That the Mayor and Council of the Town of Pinehurst on recommendation of a majority vote of the Board of Education of said Town of Pinehurst shall be and they are hereby authorized, empowered, required and directed to issue bonds of said town in such sums and at such times as said Board of Education of Pinehurst may see proper, and of the denomination of $500.00 each, to become due and payable at such time or times not exceeding twenty years from the date of the issue thereof, as said Mayor and Council shall determine, and bear interest not to exceed the rate of 6% per annum; said bonds to be sold, issued, and hypothecated for the purpose of purchasing, building, completing and equipping a school building, or school buildings,

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in said Town of Pinehurst, and for the improvement of said school building, or school buildings, in said Town of Pinehurst, and the proceeds of the sale of said bonds shall be by the Mayor and Council of the Town of Pinehurst turned over to the clerk and treasurer of said Board of Education, to be by the Board of Education of the Town of Pinehurst expended for the purposes for which said bonds were voted, and that the Mayor and Council of said Town of Pinehurst are hereby authorized and empowered to levy, assess and collect annually a sufficient tax upon and from the taxable property of said town, real and personal, to pay the principal and interest of said bonds as they shall become due. Which tax shall be separately levied, assessed and collected for the specific purposes herein designatd, and shall not be used or applied to any other purpose whatever; and said Mayor and Council are hereby authorized, empowered and directed to issue interest coupons, payable annually, for the interest on said bonds. Any money remaining on hand received and collected by taxation under this Act, after the paymet of the maturing interest coupons and bonds each year, shall be held by said Mayor and Council as a sinking fund for the payment of bonds and interest maturity the next year. That said bonds shall be signed by the Mayor and clerk and treasurer of said town; and the money arising from the sale or disposition of said bonds shall be used by the Board of Education of said Town of Pinehurst in building, purchasing, completing and equipping suitable school buildings in said town, upon such terms and in such locality as said Board of Education may deem best for said town and school, and that the provisions of this Act in relation to the issuing of bonds in said Town of Pinehurst with the proceeds of which to purchase, build, complete and equip suitable school buildings for said town, shall be submitted to a vote of the qualified voters of said town under the regulations adopted by the Mayor and Council of said Town

Page 1428

of Pinehurst, after the same is recommended by a majority vote of said Board of Education; and approved at an election or elections held for that purpose in accordance with the Constitution of this State; which said election or elections shall be held under an order of the Mayor and Council, and shall be advertised for 30 days immediately preceding such election or elections, whether held at Council hall in said town, and in any newspaper published in said town; provided, that the Mayor and Council shall have provided at the expense of said town the votes to be cast in said election or elections, have written or printed on them For Bonds and Against Bonds, and if the question is submitted at said election or elections shall be decided affirmatively, in accordance with the terms of this Act, it shall be the duty of the corporate authorities of said town to issue and dispose of the bonds of said town in accordance with this Act; but should the question as to the issuance of the bonds be decided negatively at said election or elections, the effect shall be only to suspend the operation of this section in this Act in relation thereto for a period of six months; and that any election held under this Act shall be governed by the same rules and regulations as elections held for Mayor and Council of the Town of Pinehurst are conducted. Bond issue. Interest rate. Bond tax levy. Sinking fund. Use of proceeds of bonds. Submission to popular vote. Sec. 8. Be it further enacted, That the said Board of Education shall have power and it shall be their duty to provide school houses by building, renting, purchasing or otherwise, to repair the same, to provide for the comforts and needs of the teachers and pupils; to employ a superintendent and other teachers; to discharge any person connected with said school at any time for incompetency, incapacity, immorality, or neglect of duty, to make all such by-laws, rules and regulations for the government of the said schools, its teachers, and their pupils, and for said Board of Education; and for receiving and paying out of the funds belonging to said schools as said Board may deem necessary and proper. Powers of board of education.

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Sec. 9. Be it further enacted, That all vacancies in said Board, whether caused by death, resignation or otherwise, shall be filled as in cases of regular elections. Within thirty days after a vacancy shall occur the Mayor of said town shall give notice of the time and place of holding an election to fill said vacancy, which notice shall be posted in three or more distinct, conspicuous places in said town at least fifteen days before said election is held; provided, if the Mayor shall fail or refuse to give said notice within the time prescribed, then any two qualified voters of said town are authorized to give said notice, which shall have the same binding effects as if the Mayor had given said notice. Vacancies. Sec. 10. Be it further enacted by the authority aforesaid, That at any election held hereunder, for the election of members of said Board or to fill vacancies therein, said election shall be presided over by a Justice of the Peace and two freeholders, or by three freeholders, who shall take the oath prescribed in the general elections of said town, and shall deliver to the successful persons in said elections a certificate of election; provided, said certificates shall not be delivered until five days from the date of said election, after which time the persons elected shall qualify by taking the following oath: I,....., do solemnly swear that I will perform the duties as a member of the Board of Education of the Town of Pinehurst to the best of my knowledge and ability, and without favor or affection to any one, so help me God. Which oath shall be administered by the Mayor of said town or any other person authorized by law to administer oaths, and shall be recorded in the regular book of minutes of said Board of Education. Elections. Oath of office. Sec. 11. Be it further enacted, That the Board of Education of said town shall carry out the terms of the contract of the present Board of Trustees of said Town of Pinehurst, and shall not have power to discharge any

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teacher now employed by said Trustees, decrease their salary as fixed by said Trustees, or otherwise interfere with said teachers or their contracts, except by a majority vote of said Board of Education and the unanimous consent of said Board of Trustees, which consists of five members, to-wit: R. Whitehead, G. F. Herring, W. A. Snelling, W. N. Edinfield and W. L. Williams; provided, That said contract shall not extend beyond a period of twelve months. Existing contracts. Teachers. Sec. 12. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1920. POCATALIGO, TOWN OF, INCORPORATED. No. 461. An Act to incorporate the Town of Pocataligo, in the County of Madison, to define its corporate ilmits; to provide for the enacting of all necessary ordinances cers, to prescribe their duties, powers, privileges; to provide for the enacting of all necessary ordinances and the enforcement of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Town of Pocataligo, in the County of Madison and said State, be and the same is hereby incorporated and made a body politic, and shall have and use a common seal; shall have perpetual succession, be capable to sue and be sued, to contract and be contracted with; shall have power to purchase, lease, hold, receive, enjoy, possess and retain any estate or estates, real or personal, of whatever kind or name, within its corporate

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limits, and to sell, exchange, lease or convey the same and do all other acts as a municipal corporation not inconsistent with the laws of this State. The corporate powers of said town shall be vested in and exercised by a Mayor and five Councilmen, under the name and style of the Town of Pocataligo. Corporate name. General powers. Sec. 2. Be it further enacted, That the corporate limits of said town shall extend one-half (1-2) mile in every direction from the forks of the road at a point between what is now Cheek's store and Graham's store, in said town. Territory. Sec. 3. Be it further enacted, That B. Davis be and is hereby appointed Mayor; E. B. Barrett, T. J. Hix, W. B. Stephens, W. T. Tidwell and S. M. McClelland be and they are hereby appointed Councilmen of said town to hold their offices until their successors are elected and qualified as hereinafter provided. Mayor and councilmen appointed. Sec. 4. Be it further enacted, That on the second Thursday in December, 1920, and annually thereafter on the same Thursday mentioned, an election shall be held at some public and convenient place in said town for a Mayor and five Councilmen by the qualified voters of said town whose terms of office shall be for one (1) year, or until their successors are elected and qualified. Said election shall be opened at one o'clock p. m. and close at four o'clock p. m., to be held under the superintendence of any three freeholders of said town, under the forms and regulations prescribed by law for holding elections for members of the General Assembly. All persons qualified to vote for members of the General Assembly shall be qualified to vote in all elections held in said town. Annual elections. Sec. 5. Be it further enacted, That the superintendents of said elections shall duly declare the result, and shall issue certificates of election to such persons as receive the highest number of legal votes polled; who

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shall, on the first Monday in January following said election, qualify by taking and subscribing to the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving on me as Mayor (or Councilman, as the case may be) of the Town of Pocataligo during my continuance in office according to the best of my ability and understanding, so help me God. Result and certificate. Oath of office. Sec. 6. Be it further enacted, That said Mayor and Councilmen shall have power to elect a marshal, clerk, treasurer and such other officers as they may deem necessary and proper, regulating their salaries, taking their bonds, prescribing their duties and oaths, and to remove them from office or impose fines, at the discretion of the said Mayor and Councilmen. The officers so elected or appointed shall before entering upon their duties, subscribe to the following oath before the said Mayor, or Mayor pro tem.: I do solemnly swear that I will faithfully, to the best of my ability and understanding, discharge the duties devolving upon me as marshal (clerk or treasurer, as the case may be) to the best of my skill and understanding, so help me God. Municipal officers. Oath. Sec. 7. Be it further enacted, That said Mayor and Councilmen shall at their first meeting in each year elect one of said Councilmen Mayor pro tem., who shall, in case of vacancy, absence or disqualification of the Mayor, perform and discharge all the duties and exercise all authority of the office of Mayor, upon taking the usual oath, and not otherwise. Mayor pro tem. Sec. 8. Be it further enacted, That said Mayor and Councilmen shall have power to levy and collect a tax not exceeding one-half of one per cent. on all property, both real and personal, within the corporate limits of said town, which may be enforced by execution issued by the clerk in the name of the Mayor and Councilmen, and levied by the marshal. If the property levied on be personalty, the same proceeding shall be had that now governs the sale of property under tax executions at

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constables sales, but if the property levied on be realty, the marshal shall return the levy to the sheriff of Madison County, and by said sheriff sold as the law directs him to sell under executions for State and county taxes when levied on realty. Also, to levy and collect such special taxes on trades, businesses, occupations, theatrical exhibitions, circuses and shows of all kinds, ten pin alleys, billiards, pool tables, itinerant traders, peddlers, auctioneers, and all other trades, games or occupations subject to special taxes under the laws of the State as they may deem proper. For the purpose of enforcing the payment for the taxes above enumerated the Mayor and Councilmen may enact such ordinances and impose such penalties for the violation of the same as they may deem proper, not inconsistent with the laws and Constitution of this State. Tax ad valorem. Executions, levy and sale. Special taxes. Sec. 9. Be it further enacted, That there shall be a lien on all the property of said citizens or inhabitants of said town, both real and personal, situated therein, for municipal or corporation taxes assessed thereon, and for all fines and penalties assessed upon the owners thereof, from the date they are assessed or imposed, which shall have a priority over all liens except liens due the State and county. Liens. Sec. 10. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town, and securing and promoting the welfare, peace, prosperity and health of its inhabitants, and to prescribe the penalties for violating the same; and the Mayor, or Mayor pro tem., of said town shall hold a Mayor's Court in said town at any time for the trial and punishment of persons guilty of violating its ordinances, by-laws, rules and regulations, the punishment inflicted not to exceed a fine of one hundred dollars, or labor on the streets or public works of said town, or confinement

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in the calaboose or guardhouse not to exceed sixty days; said fine may be collected by execution to be issued against the estate, both real and personal, of the offender, if any, to be found. Ordinances and general welfare powers. Sec. 11. Be it further enacted, That the marshal or other police officers of said town may arrest without a warrant any person guilty of violating any ordinance, rule or regulation of said town, and the marshal or any other police officer may summon any citizen or citizens of said town to assist him in such arrest. Arrests. Sec. 12. Be it further enacted, That said Mayor, or Mayor pro tem., when any person or persons are arraigned before the Mayor's Court charged with the violation of any ordinance, regulation or rule of said town, may, for good cause shown, continue the hearing to such other time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the time appointed for trial or be imprisoned to await trial. If such bond be given and the accused shall fail to appear at the time fixed for trial, the bond may be forfeited by the Mayor and Councilmen, and an execution issued thereon, by serving the defendant, if to be found within the corporate limits, and his securities, with a rule nisi, at least five days before the time of hearing said rule nisi; and if the defendant cannot be found, then by posting notices at three public places in said town five days before the hearing of said rule nisi. Mayor's court. Appearance bonds. Sec. 13. Be it further enacted, That said Mayor and Councilmen shall provide for the working and repairing of the streets, sidewalks and alleys for said town and to remove any obstruction or nuisance that may be placed in the same, and to that end may compel all persons resident within said town, who may be subject to road duty, to work on the streets, sidewalks. and alleys of said town for a space not exceeding ten days in each year, but may receive in lieu of said work a commutation

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fee from such persons, not to exceed five dollars, and the Mayor shall have the same powers to punish defaulters as provided in this charter for the punishment of persons violating the ordinances of said town. Street work. Commutation fee. Sec. 14. Be it further enacted, That said Mayor, or Mayor pro tem., when in official discharge of his duties, may fine for contempt, not to exceed fifty dollars, or labor on the streets of said town or public works of said town, or confinement in the calaboose or guardhouse not to exceed twenty-five days. Sec. 15. Be it further enacted, That the Mayor or Mayor pro tem., shall be during the term of his office a conservator of the peace and have and exercise criminal jurisdiction of a Justice of the Peace over all offenses committed in the incorporate limits of said town. Mayor as justice of the peace. Sec. 16. Be it further enacted, That any officer of this corporation who shall be guilty of malpractice or abuse of powers confided in him shall be subject to indictment in the Superior Court of Madison County, and on conviction shall be punished as prescribed in Section 1065 of the Penal Code of Georgia. Malpractice in office. Sec. 17. Be it further enacted, That the Mayor and Councilmen shall meet once in every month for the transaction of business, and not oftener, unless in the discretion of the Mayor or Mayor pro tem., it becomes necessary to have an extra meeting, and in that event the Mayor or Mayor pro tem. may call the Councilmen together at once at the usual place of meeting. That the Mayor, or Mayor pro tem., shall preside at all meetings of the Councilmen, and shall not vote only in case of a tie. The Mayor, or Mayor pro tem., and three Councilmen shall constitute a quorum for the transaction of business. Council meetings. Quorum. Sec. 18. Be it further enacted, That in case of vacancy in the office of Mayor or Councilmen, by death, resignation, or otherwise, an election to fill such vacancy

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shall be ordered by said Mayor and Councilmen, to take place at such time and place as may be specified in such order, and public notice of the same posted at three different places in said town for the space of ten days. Vacancy in office. Sec. 19. Be it further enacted, That the Mayor and other officers shall receive such compensation and pay as the Mayor and Council shall deem proper, but their compensation shall not be increased or diminished during their term of office. Compensation. Sec. 20. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1920. POWDER SPRINGS CHARTER REPEALED. No. 464. An Act to repeal an Act approved September 18, 1883, incorporating the Town of Powder Springs in Cobb County, with all Acts amendatory thereof, and also to repeal an Act approved December 17, 1901, incorporating the Powder Springs School District, in Cobb County; to provide the time when this Act shall become effective, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the Act approved September 18, 1883, incorporating the Town of Powder Springs, in Cobb County, Georgia, and granting a charter to said town, and the Acts amendatory thereof, approved December 8, 1897, August 15, 1904, August, 1910, August 5, 1910, and all other Acts constituting the present charter of the Town of Powder Springs, in Cobb County, Georgia, be and the same are hereby repealed. Acts of 1883, 1897, 1904, 1910 amended.

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Sec. 2. Be it further enacted by the authority aforesaid, That the Act approved December 17, 1901, incorporating the Powder Springs School District, in Cobb County, Georgia, with all Acts amendatory thereof, be and the same are hereby repealed. Act of 1901, repealed. Sec. 3. Be it further enacted by the authority aforesaid, That this Act shall become effective and operative when a bill entitled An Act to incorporate the City of Powder Springs, etc., shall have been approved by the Governor of the State of Georgia. When effective. Sec. 4. Be it further enacted by the authority aforesaid, That all other Acts in conflict with this Act be and the same are hereby repealed. Approved July 31, 1920. POWDER SPRINGS, CITY OF, INCORPORATED. No. 482. An Act to incorporate the City of Powder Springs; to provide that all valid contracts heretofore entered into by the Town of Powder Springs, or the Mayor and Council of the Town of Powder Springs, shall be good and valid for or against the City of Powder Springs; to provide that all property now held or owned by the Town of Powder Springs, or the Mayor and Council of Powder Springs, shall be and become the right and property of the City of Powder Springs; and that all rights and liabilities of the Town of Powder Springs, or the Mayor and Council of Powder Springs, shall accrue to and against the City of Powder Springs; to define and fix the limits of the City of Powder Springs; to provide for a Mayor and Councilmen, and other officers of said city, and to prescribe their compensation, qualifications, powers and duties, and the manner of their election;

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to provide for streets and sidewalks, and the working, curbing or paving of the same; to provide for public parks or playgrounds and the caring for same; to provide for a system of sanitary sewerage; to provide for a system of waterworks and electric lights; to provide for taxation, rate and collection of same, and the granting of licenses to all kinds of business, trades, professions, and regulating the same; to provide for bond issues for said city and payment of same; to provide for the granting of franchises in said city and the continuance of franchises heretofore granted by the Town of Powder Springs; to provide for condemnation of private property for public use; to provide for fire limits in said city, and to regulate buildings in the same; to provide for regulating speed of trains, motor cars and other vehicles in the limits of said city; to provide for the abatement of nuisances in said city; to provide for a Board of Health for said city, and for prescribing health regulations in the same; to provide for the location and establishment of cemeteries or burial places in said city; to provide for continuance of present Mayor and Council of the Town of Powder Springs to be Mayor and Council for the City of Powder Springs until their successors shall be elected under this charter; to declare and define the police powers of said city, and to provide for all matters of municipal concern and cognizance; to empower the Mayor and Council of the City of Powder Springs to pass all reasonable and needful ordinances for said city under the corporate name of the City of Powder Springs, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act the inhabitants of the territory now embraced in and heretofore incorporated as the Town of Powder Springs, in Cobb County, Georgia, by an Act

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of the General Assembly, approved September 18, 1883, and any amendatory Acts thereof, and embraced at present in the following boundaries, to-wit: Beginning on the west side of Powder Springs, at the bridge over Powder Springs Creek, and running down the creek south, making the east side of the creek the line a distance of five hundred yards; thence east to the south corner of the cemetery on the road leading from Powder Springs to Austell; thence from southeast corner of cemetery, and running due north to north side of the Sea-board Air Line Railway, thence in a westerly direction along the north side of said Seaboard Air Line Railway to land line east of the public road crossing said road known as the Powder Springs and Last Mountain Road; thence due south along said land line to the branch near the Primitive Baptist Church; thence westward along said branch to junction of the Dallas and Last Mountain Roads; thence west along the south side of said Dallas Road a distance of two hundred yards; thence south to Powder Springs Creek; thence south down the creek to beginning point; be and they are hereby incorporated under the name and style of the City of Powder Springs, and the City of Powder Springs is hereby chartered and made a city under said corporate name and by name is established and by that name shall have perpetual succession, and are hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments is now belonging and in any wise appertaining to said Town of Powder Springs, or the Mayor and Council of Powder Springs, as heretofore incorporated, shall be and are hereby vested in the City of Powder Springs, as created by this Act, and the said City of Powder Springs, in Cobb County, Georgia, created, established and declared by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its

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Mayor and Council such ordinances, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said city as said Mayor and Council may deem best and not inconsistent with the laws of Georgia and the United States, and the said City of Powder Springs shall be capable in law to purchase, hold, enjoy, receive, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments of any kind whatever, within or without the corporate limits of said city for corporate purposes; and to sell, alien, exchange or lease the same, or any part thereof; the said City of Powder Springs, created by this Act, is hereby made a body corporate for the legal debts and liabilities and undertakings of whatever kind or nature, of said Town of Powder Springs, or the Mayor and Council of Powder Springs heretofore incorporated; and all ordinances now in force in the Town of Powder Springs and enacted by the municipal authorities of the Town of Powder Springs, or by the Mayor and Council of Powder Springs, and not repugnant to this charter or the laws of Georgia, shall be and are hereby continued in force in said City of Powder Springs, incorporated by this Act, and the present Mayor and Councilmen of the City of Powder Springs shall continue in office as the Mayor and Councilmen of the City of Powder Springs, incorporated under this Act, until their present terms expire, or their successors are elected and qualified, under this charter, and all other officers of the Town of Powder Springs shall continue in office in the City of Powder Springs until their present terms expire or their successors are elected and qualified. Territorial limits. Corporate name. General powers. Sec. 2. Be it further enacted, That the municipal government of said city shall consist of a Mayor and five Councilmen, who shall constitute the legislative body for said city, and all of whom shall be elected on the day hereinafter fixed. All of said officers shall hold their offices for a term of two years and until their successors

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are elected and qualified; each of whom shall take an appropriate oath provided by ordinance before entering upon the duties of their respective offices, which may be administered by any person authorized to administer oaths under the laws of this State; that the Council may elect or appoint such subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter, or any ordinance passed by said Council in the pursuance of the rights and powers herein conferred, all of which subordinate officers as may be thus appointed or elected shall be deemed and held to be lawful officers of this State and the City of Powder Springs. All such subordinate officers shall hold their offices at the will of the Council and receive such salary as may be fixed by the Council, each of whom shall take an appropriate oath before entering upon the discharge of their respective duties and shall give such bond as the Council may require, payable to the City of Powder Springs, conditioned upon the faithful performance of the duties of their respective offices. Mayor and councilmen. Terms of office. Subordinate officers. Sec. 3. Be it further enacted, That an election shall be held at the City Court room or Council chamber in the City of Powder Springs on Friday before the first Monday in January, 1921, and biennially thereafter, for a Mayor and five Councilmen, to serve for a term of two years each and until their successors are elected and qualified. The polls of said election shall be open at 10 o'clock in the forenoon and close at 3 o'clock in the afternoon, standard time. Election biennially. Sec. 4. Be it further enacted, That all male citizens qualified to vote for members of the House of Representatives in the General Assembly of Georgia, and who have paid all taxes imposed and demanded by the authorities of the city, and shall have resided six months within the jurisdictional limits of said city, and no other person, shall be qualified to vote at said election. Voters qualified.

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Sec. 5. Be it further enacted, That the Mayor and Council shall cause the city clerk of the said City of Powder Springs, to register the names of all voters who are qualified to vote under the charter of this city, and under the laws of this State, for municipal officers of the City of Powder Springs. Registration of voters. Sec. 6. Be it further enacted, That the said city clerk shall provide a suitable book, alphabetically arranged, in which to register said qualified voters, and said clerk shall give notice in any newspaper published in said city at least sixty days preceding the election, or shall post at three or more public places, one of which shall be at the courthouse door for holding Mayor's Court, a notice that his books are open for the registration of all voters who are qualified to vote for municipal officers in said city. Said registration book shall be closed at least one week before the election. Book. Notice. Closing. Sec. 7. Be it further enacted, That it shall be the duty of all persons in said city who desire to register to apply to the city clerk in person, and to furnish said city clerk evidence of their qualification for registration; and in case the city clerk is not satisfied as to the qualifications of the applicant, he may require the following oath, or affirmation: I do swear (or affirm) that I am a qualified voter for members of the House of Representatives in the General Assembly of the State of Georgia from the County of Cobb, and have paid all taxes legally imposed upon me by the City of Powder Springs, so help me God. The city clerk of said city is hereby authorized to administer said oath, and shall keep a record of the same upon the registration book, and may refuse to register said persons as may decline to take the oath aforesaid. Registration oath. Sec. 8. Be it further enacted, That any person voting illegally in the municipal election of the City of Powder Springs, or falsely swearing (or affirming) in order to register, or otherwise violating any provision

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of this Act, shall, on conviction, be punished as prescribed in Section 1065 of the Criminal Code of Georgia of 1910. Voting illegally. False affirmation. Sec. 9. Be it further enacted, That said election shall be held under the superintendence of a Justice of the Peace and two freeholders, or three freeholders, who shall be appointed by the said Mayor and Council at least five days before the election and each of said election managers shall, before entering upon his duties, take an oath before some officer of this State, authorized by law to administer oaths, that he will faithfully and impartially conduct said election, and will prevent all illegal voting to the best of his skill and power; and in case the said managers of said election shall have any reasonable doubt as to the qualifications of any persons who desire to vote therein, they shall have the power to administer the following oath: You do solemnly swear (or affirm) that you have attained the age of 21 years; that you are a citizen of the United States, and are qualified to vote for members of the House of Representatives in the General Assembly of Georgia from the County of Cobb; that you have resided for the last six months within the City of Powder Springs, and have paid all taxes legally imposed and demanded of you by said city, so help you God. Any person who shall take said oath and shall swear falsely shall be deemed guilty of perjury and be punished upon prosecution and conviction as prescribed by the laws of said State for the punishment or perjury. Management of elections. Oath of voter. Sec. 10. Be it further enacted, That the person or persons who have received the highest number of votes at said election for Mayor, Councilmen and city treasurer, respectively, shall be declared duly elected. Plurality. Sec. 11. Be it further enacted, That in case of any vacancy in the office of Mayor and Council, either by death, resignation, failure to elect, removal from office, removal from the city, or any other cause, the

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Mayor shall order a new election to fill said vacancy, giving ten days notice thereof by publication in any newspaper that may be published in said city, or by posting a notice of the same, for at least ten days, in three or more public places in said city, one of which shall be posted at the door of the court room where the Mayor's Court is held in said city, and the registration for the last preceding election shall be applicable thereto; in case of the death of the Mayor, his resignation, removal from office or removal from the city or a vacancy from any other cause in the office of the Mayor, the Mayor pro tem. shall in like manner order an election for filling said vacancy, giving similar notice of the election to be held, provided, that if any vacancy shall occur within three months next preceding the regular election no election shall be called to fill said vacancy; in that event, if the vacancy is in the office of Mayor, the Mayor pro tem. shall, upon taking the oath of Mayor, serve out the unexpired term and the said Council shall elect a new Mayor pro tem.; if the vacancy is in the office of Councilman there shall be no election to fill out the same unless the Council is reduced by vacancy to less than a quorum, which is hereby declared to consist of three Councilmen besides the Mayor or Acting Mayor. New election to fill vacancy. Sec. 12. Be it further enacted, That after the votes for Mayor and Councilmen at each election therefor for said city, shall have been counted by the managers, and the result determined, they shall cause two certified copies of the tally sheets to be made out, one of which shall be handed to the Mayor, and the other shall be retained by the managers; and as soon as the Mayor of said city shall be informed of the results of the election he shall cause the persons elected as aforesaid to be notified of the fact and the persons so elected shall attend on the first Monday thereafter at the Council chamber at the regular meeting of the Mayor and Council, and the newly-elected Mayor and each member of

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Council shall take and subscribe before the clerk of some Court of record of this State, or before an officer of said State authorized by law to administer oaths, the following oath: I swear that I will faithfully and impartially demean myself as Mayor (or Councilman, as the case may be) during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly promised my vote or support to any person or officer in the said government of the City of Powder Springs, nor for any other office. I will not knowingly permit my vote in the election or appointment of any persons to a position in said government to be influenced by fear, favor or the hope of reward, but in all things pertaining to my office I will be governed by what in my judgment is for the public good and for the best interest of said city, so help me God. Results of election. Oath of office. Sec. 13. Be it further enacted, That in case the Mayor or any member of the Council, while in office, shall be guilty of wilful neglect, malpractice or abuse of power conferred upon him, he shall be subject to indictment therefor in the Superior Court of Cobb County, and on conviction, shall be fined in a sum not to exceed one hundred dollars, which fine shall be paid to the city treasurer for the use of said city, and he shall, moreover, be removed from office, upon conviction. Malpractice or abuse of office. Sec. 14. Be it further enacted, That no person shall be eligible as Mayor or Councilman or city treasurer of the City of Powder Springs unless such person is a qualified voter of said city at the time of his election to such office. Eligibility. Sec. 15. Be it further enacted, That the Mayor of said city shall receive a salary of not less than twenty-five dollars and not more than two hundred dollars per annum, payable quarterly. Said salary shall be fixed by the Councilmen for the full term of the Mayor at its first regular meeting after their election and qualification. The Mayor, or in his absence, the Mayor pro

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tem., shall preside over all meetings of Council. The Mayor shall not have a vote except in case of a tie. When presiding the Mayor pro tem shall have his regular vote and in case of a tie shall have an additional vote to break the tie. The Mayor shall have the veto power and may veto any ordinance or resolution of the Council, in which event the same shall not become a law unless subsequently passed over the veto by the vote of at least four Councilmen, duly recorded on the minutes of Council, but unless he shall file in writing with the city clerk his veto of any measure passed by Council with the reasons which impel him to withhold his assent, within four days of its passage, the same shall become a law just as if approved and signed by the Mayor. The Council shall not have power to override the veto of the Mayor unless action on any veto is taken within sixty days after the Mayor files his veto with the city clerk. The Mayor shall be the chief executive officer of the city. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully executed. He shall have the general jurisdiction of all the affairs of the city and to him all police officers and city employees under the direction of the Mayor and Council, shall be directly and immediately subject. He shall have the power and authority to punish for contempt before the Mayor and Council by a fine not exceeding fifty dollars, or by imprisonment in the city jail or calaboose for a period not exceeding four days, either or both, or in the alternative, the discretion of the Mayor. It shall be the duty of the Mayor to preserve the peace, and he may appoint special policemen to assist the marshal hereinafter provided for, when in his judgment it may be necessary. The Mayor shall be an ex-officio Justice of the Peace so far as to enable and authorize him to issue warrants and conduct commitment trials for criminal offenses committed within the jurisdiction of the City of Powder Springs, and he may commit offenders thus tried before him, as a Court

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of Inquiry, to the common jail of Cobb County, or admit them to bail as in cases where a Justice of the Peace has power to commit or admit to bail. The Mayor shall have the power and authority to remit or reduce fines or penalties imposed in his Court on persons convicted therein for violating any of the laws or ordinances of said city, and he shall also have the authority to parole on good conduct persons convicted in the Mayor's Court, whenever in his judgment the same is advisable. Mayor's salary. Vote. Veto. Duties and powers of mayor. Sec. 16. Be it further enacted, That at its first regular meeting upon organization the Council shall elect one of their number Mayor pro tem., and in the case of the resignation, death, removal, disability or disqualification of the Mayor, the Mayor pro tem. shall take the oath as Mayor and serve as Mayor with all the rights, powers and duties of the Mayor in all respects until the vacancy in the office of Mayor shall have been filled in the manner provided for in this charter. If the services of the Mayor pro tem. shall continue for as long as thirty days he shall be compensated at the same rate and in the same manner that the Mayor is paid, and such compensation shall be deducted from the salary of the Mayor, unless said Mayor's disqualification or continued absence was from providential cause. Mayor pro tem. Sec. 17. Be it further enacted, That the qualifications of the members of Council shall be the same as those of the Mayor and their annual salary shall be subject as is fixed by the Mayor and Council, at its first meeting upon organization, provided, such salary shall not exceed the sum of fifty dollars per annum, payable quarterly. Councilmen. Sec. 18. Be it further enacted, That at its first regular meeting after qualification and upon organization, or as soon thereafter as practicable, the Mayor and Council of the City of Powder Springs shall elect a city clerk, a city treasurer and marshal for said city. They shall also elect at the same time and place, or as soon

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thereafter as practicable, a city tax receiver, which may be the same person as they elect as city clerk, and also a city tax collector which may be the same person as was chosen as city treasurer. The qualifications for each of such subordinate officers herein provided for shall be the same as those for Mayor and Council, and they shall, upon assuming their duties, take and subscribe such oath of office as the Mayor and Council may prescribe, and they shall each give bond in such sum as the Mayor and Council may direct for the faithful performance of their duties and the making of a full and true account of all monies and funds coming into their hands from all sources as an officer of said city. The term of office for each of the subordinate officers provided for in this section shall be for a term of one year, or until their successors are elected and qualified. Municipal officers. Qualifications Term of office. Sec. 19. Be it further enacted, That the city clerk shall be the clerical officer of the Council, and shall attend all their meetings; he shall be the keeper of the seal of said city; he shall be ex-officio clerk of the Mayor's or Police Court of said city, and attend its sessions; he shall be ex-officio clerk of the Board of Tax Assessors and of the Board of Health of said city, and he shall be ex-officio clerk or secretary of any other board of said city created under the provisions of this Act, or that may be created or established under the laws and ordinances of the City of Powder Springs. The duties of the said city clerk as clerk of the Council and as ex-officio clerk of the Police Court, as ex-officio tax receiver, as ex-officio clerk of the Board of Health, and as ex-officio clerk or secretary of any board or commission of said city, shall be such as are prescribed in this Act or such as shall be prescribed under and by virtue of the laws or ordinances of said City of Powder Springs or by the Mayor and Council thereof. Clerk's duties. Sec. 20. Be it further enacted, That the city treasurer of the City of Powder Springs shall make and keep

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a just and true account of all monies and funds coming into his hands from all sources as an officer of said city. It shall be the duty of the city treasurer to receive and safely keep the monies and funds of the city that may come into his hands from every source; to keep separate accounts of the same as may be provided or required under and by the laws and ordinances of said city; he shall only pay out said funds in the way and manner as may be prescribed and provided for by and under the laws and ordinances of said city. Treasurer's duties. Sec. 21. Be it further enacted, That the duties of the city tax receiver shall be to receive tax returns of all property in said city, both real and personal, at such time and in such manner as the Mayor and Council may prescribe by ordinances or otherwise and upon such blanks prescribed by the Mayor and Council of said city, and he shall have the authority to administer oaths to taxpayers on their return of property for taxation; and he shall deliver all such tax returns over to the tax collector for said city. Tax receiver. Sec. 22. Be it further enacted, That the duties of the tax collector shall be to accept and receive all tax returns made to the tax receiver for said city; to make the calculation as to amount of taxes to be paid out by any property owner in said city using the tax rate fixed by the Mayor and Council; to collect and receipt for all taxes of whatever kind levied and turn the same over promptly to the treasurer of said city. Tax collector. Sec. 23. Be it further enacted, That at its first regular meeting and upon organization, or as soon thereafter as is practicable, the Mayor and Council shall elect a city marshal. They may also elect one or more assistants or city policemen, if in their judgment it may seem proper and necessary, at the same time providing for their compensation. The city marshal shall be elected for a term of one year. All such officers shall take and subscribe such oaths as the Mayor and Council

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may prescribe and shall give bond with good and sufficient security to be approved by the Mayor of said city in such amount as may be determined upon by the Mayor and Council for the faithful performance of their duties, and to account for all moneys that may come into their hands as such officers of said city. Said officers shall perform such duties as required and provided for in this Act and as may be prescribed and required of them by the laws and ordinances of said city, and by the Mayor and Council. Marshal and policemen. Sec. 24. Be it further enacted, That the Mayor and Council of said city shall have the power and authority to employ an attorney to represent said city in any litigation to which said city may be a party, or in any matter in which said city or the municipal authorities thereof may need legal counsel. Their said city attorney shall be paid for his services such fees as may be reasonable and just, and as may be agreed upon between himself and the Mayor and Council. Attorney. Sec. 25. Be it further enacted, That the Mayor and Council shall have authority to employ a city sexton to have the superintendence of and the care of the city cemeteries; his duties shall be such as shall be prescribed by the Mayor and Council and by the laws and ordinances of said city. He shall receive such compensation as may be prescribed for by the ordinances of said city or by the Mayor and Council. Sexton. Sec. 26. Be it further enacted, That the Mayor and Council shall have authority to elect a city physician whose duties shall be such as required by the ordinances of said city and by the direction of the Mayor and Council, and his compensation shall be fixed by the laws and ordinances of said city or by the Mayor and Council. He shall co-operate with the Board of Health hereinafter provided for, and shall consult and advise with the Board of Health in their efforts to

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maintain the cleanliness of said city, and preserve the health of the inhabitants thereof. Physician. Sec. 27. Be it further enacted, That the Mayor and Council of the City of Powder Springs shall have the right at any time, without a trial, to suspend or remove any of the subordinate officers of said city, including the clerk, treasurer, tax receiver, tax collector, marshal, policeman, city attorney, city physician and sexton, for any breach of duty or failure to perform duty, insubordination, incapacity, or for conduct unbecoming for an officer or gentleman, or for other good and sufficient cause or reason, to be adjudged by the Mayor and Council. The Mayor may at any time during a recess of Council suspend any of said officers for any of the above named reasons for a period not to exceed ten days without pay, and appoint a substitute therefor. Removal or suspension. Sec. 28. Be it further enacted, That the Mayor and Council of said city shall be empowered to employ such additional police or detective force as a good government of said city may require. The compensation and duties of said force shall be fixed and determined by said Mayor and Council. Additional police. Sec. 29. Be it further enacted, That the Mayor, and in his absence, the Mayor pro tem.; and in the absence of both, any one or more members of the Council may hold Mayor's Court for the purpose of trying offenders against the laws and ordinances of said city and may exercise all the powers conferred by this charter upon the Mayor, and may punish for a violation of a law or ordinance of said city, by a fine not exceeding one hundred dollars, imprisonment in the city jail, or the county jail, by permission of the county authorities, not exceeding fifty days. Work on the streets or other public works under the supervision of the marshals of said city, not exceeding fifty days, one or more, or all of these, at the discretion of the trial court. While sitting as a court for the trial of offenders the said

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court shall have the power to punish for contempt by fine not exceeding fifty dollars, imprisonment or work in the manner already described in this section, not exceeding fifty days, one or more or all of these at the discretion of the trial court. There may be an appeal in any case from the Mayor's Court to Council, the judgment therein may be reviewed by certiorari to the Superior Court of Cobb County. Mayor's court. Punishment. Appeal and certiorari. Sec. 30. Be it further enacted, That the Mayor of said city shall be ex-officio a Justice of the Peace, as far as to authorize him to administer oaths, attest deeds, mortgages, or any other instrument or paper which a Justice of the Peace is authorized to attest, to issue warrants for any offenses committed within the corporate limits of said city against any law or ordinance of said city or of this State, and when the offense is against laws of the State, the Mayor may hear evidence and commit to jail or take bond for appearance before the State Court having jurisdiction of the offense, the same as a Justice of the Peace could do; if the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the accused before the Mayor's Court for trial, and none other, and the same shall be disposed of as other cases of arrest not made under warrant. All warrants issued by the Mayor, or those acting in his stead, shall be directed To the marshal of Powder Springs, and to all and singular the sheriffs, deputy sheriffs and constables of this State, and any one of said officers shall have the same authority to execute said warrants as the sheriffs have to execute criminal warrants. Mayor as justice of the peace. Warrants. Sec. 31. Be it further enacted, That the Mayor, or those holding Mayor's Court in his stead, shall have power and authority to subpoena witnesses to attend the Mayor's Court under the same rules and regulations that govern the Superior Courts of this State, and to compel their attendance, and to punish any witnesses who have been subpoenaed and failed to attend, under

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the provisions for contempts already provided for in this charter. Witnesses. Sec. 32. Be it further enacted, That all trials in the Police Court of said city shall be had without written pleadings of any kind unless the defendant shall, upon the calling of the case, file a written demand with the city clerk that an accusation, in writing, shall be preferred against him, in which event a written accusation, in form substantially as follows: Georgia, Cobb County, City of Powder Springs..... In the Mayor's Court of the City of Powder Springs: I,....., marshal (or policeman) of said city, in the name and behalf of the City of Powder Springs, charge and accuse..... of the offense of..... contrary to the laws and ordinances of said city, the good order, peace and dignity thereof, shall be preferred against the defendant, signed by the officer making or prosecuting the case, and filed in said Court, whereupon the defendant shall enter his pleas thereon in writing, and the issue being thus formed the case shall proceed to trial and disposition. Accusation. Sec. 33. Be it further enacted, That the said Mayor while acting as Judge of the Police Court shall have authority to subpoena witnesses and compel their attendance, whether residents of said city or not; to issue subpoenas, duces tecum, for witnesses, and the production of books and papers, whether in the city or not, and compel their production; to compel the presence of witnesses by imprisonment if necessary, and to take bonds to secure their attendance and to forfeit said bonds before said Mayor's or Police Court; to punish, as for contempt, failure to obey its legal summonses or subpoenas; to grant continuances under rules of law; to take bonds and recognizances for persons charged with offenses against the laws and ordinances of said city for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense

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charged, in such amount as may be deemed sufficient to compel their appearance; to forfeit all appearance bonds when the principal shall fail or refuse to appear at said court at the time and place specified therein, and shall have the authority to do generally all other Acts and things necessary for the proper enforcement of its authority. Authority as judge of police court. Sec. 34. Be it further enacted, That the marshal or any policeman of said city shall release any person arrested for a violation of the laws and ordinances of said city, upon said person giving a bond with good and sufficient security to be approved by the marshal or other arresting officer, or city clerk of said city, payable to the Mayor of said City of Powder Springs, an amount fixed by the said marshal or other arresting officer, and the city clerk of said city, for the personal appearance of such persons before the Police Court of said city at the time and place therein specified, to answer the charges against him, and from time to time until the principal in such bond is tried and the case disposed of, and not to depart from thence, except by leave of the Court. And in the event such principal fails to appear before said court as stipulated in said bond, said bond shall be forfeited in said Court, and the presiding officer thereof shall have the power and authority to order the principal in said bond re-arrested and placed in the city jail or calaboose until such case shall be tried and disposed of, or to admit the defendantto bail, as he may deem proper. Appearance bonds. Forfeiture. Sec. 35. Be it further enacted, That in no case, except as hereinafter provided, shall the marshal or any policeman of said city make any arrest of any person charged with the violation of any of the laws and ordinances of said city without first having procured from the Mayor, or Mayor pro tem., of said city (each of them being hereby authorized and empowered to issue warrants for the apprehension and arrests of persons

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charged with violating any of the laws and ordinances of said city) a warrant for the arrest of such persons unless the offense or violation is committeed in the presence of such arresting officer, or the offender is likely to escape, in which event he may arrest and detain such persons until a proper warrant can be secured, authorizing the offender's further detention. The marshal and policemen of said city, and the detective force, being fully authorized and empowered to arrest any person within the corporate limits of the city of Powder Springs charged with an offense against its laws and ordinances, and to imprison and confine such persons arrested by them in the city jail or calaboose, or in the jail of Cobb County, until the trial, or admit them to bail as provided. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person with a violation of any of the criminal laws of this State. The marshal and policemen are also authorized to arrest anywhere within the limits of this State any person charged with a violation of the laws and ordinances of said city, upon a warrant from the proper officer of said city authorized to issue the same. Lawful arrests on warrants, etc. Sec. 36. Be it further enacted, That the Mayor and Council of the City of Powder Springs shall have the power and authority to authorize by ordinance the marshal or any policeman of said city to summons any and all bystanders to aid in the arrest of any person or persons violating any ordinances 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 in arrests. Sec. 37. Be it further enacted, That said Mayor and Council may, by ordinance, declare what shall be nuisances in said city, and by ordinance provide for the abatement of the same. Nuisances.

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Sec. 38. Be it further enacted, That the Mayor and Council of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs and all other animals from running at large in said city; to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept, if allowed kept; to limit the number of hogs to be kept by persons in said city, if allowed kept therein, and shall have full power and authority to take up and impound any of such animals and punish all owners of any of such animals who shall fail or refuse to obey such ordinances as may be adopted by the Mayor and Council of said city to carry out and effectuate this authority. The Mayor and Council shall also have the authority to levy and collect such tax as they may deem proper upon dogs kept within the limits of said city; to provide for the registration thereof, and to prescribe such ordinances respecting the keeping of dogs as may be deemed proper, and to prescribe punishment for violation of said ordinances. Animals at large. Impounding. Dog tax. Sec. 39. Be it further enacted, That the Mayor and Council shall have authority to establish a pound for the impounding of any of the above mentioned animals, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owners of such impounded animals before they are released from said pound; to regulate the mode or manner of sale or disposition of impounded animals where owner appears, or when payment of the impounding fees charged, penalties or cost, is refused; to provide for the disposition of the proceeds of the sale of impounded animals, and to provide for the punishment of all persons who, without authority, shall break or enter the pound. Impounding of animals. Sec. 40. Be it further enacted, That the Mayor and Council of said city shall have the power and authority to require every male inhabitant in said city who,

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by the laws of this State, is subject to work on the public roads, to work such length of time on the streets of said city as the Mayor and Council may by ordinance direct, in no case to exceed fifteen days in any one year. Said persons so subject to street work shall have the right to relieve themselves of said work by paying a commutation tax which said Mayor and Council shall fix by ordinance, and which tax shall in no event exceed five dollars per annum. Said street work to be done, and commutation tax paid at such times as the Mayor and Council may by ordinance direct. Any persons subject to work or pay said tax and failing to do so, after being properly notified as provided under the laws and ordinances of said city, shall be punished in the Police Court of said city as the Mayor and Council may by ordinance prescribe. Street work. Commutation tax. Sec. 41. Be it further enacted, That the said Mayor and Council shall have the authority to establish and put in operation a Board of Health for said city. The duties, powers and compensation of said Board, and the number of members that shall comprise the same, shall be such as are fixed and prescribed by the ordinances and the laws of said city. Said Mayor and Council shall have authority to enact all ordinances and regulations prescribing penalties for the violation of such laws and ordinances that may be necessary for the purpose of maintaining such Board of Health. Health board. Ordinances. Sec. 42. Be it further enacted, That the said Mayor and Council shall have the power and authority to enact and enforce ordinances to prevent the spread of any infectious or contagious diseases; to compel the vaccination of all persons within the limits of said city, whether residents or sojourners; also, to isolate any person or persons in said city afflicted with any contagious or infectious disease by confining such person or persons within the limits of the premises provided by the Mayor and Council, either within or without the corporate limits of the city for such purposes; to

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isolate any person or persons who have been exposed to any infectious or contagious disease, during the usual period of incubation of such disease, by confining such person or persons during such period, within the premises provided for by the Mayor and Council, either within or without the corporate limits of said city. The Mayor and Council shall also have the power and authority to establish, declare and maintain quarantine regulations against all contagious or infectious diseases, and to punish violators of any quarantine regulations of the city. They shall have power to build, establish and maintain pest houses, either within or without the corporate limits of the city, and for this purpose they are authorized to buy, hold or receive real estate, either within or without the city limits. They shall have power to provide vaccination points and to employ physicians at the expense of the city to vaccinate all persons who are unable to procure vaccination, and may provide by ordinance punishment for persons failing or refusing to be vaccinated, and to prescribe punishment for all persons violating any ordinances, rules and regulations enacted by said Mayor and Council for the prevention of disease and for the promotion of the health of said city. Diseases. Vaccination. Isolation. Quarantine. Pesthouses. Physicians. Punishment. Sec. 43. Be it further enacted, That said Mayor and Council may enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district in said city, and enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings in said limits may be erected, repaired, or covered; how thick the walls must be, how the chimneys, stovepipes and flues are to be constructed; ot provide for fire escapes in said buildins, and generally to do all such things and to pass such laws and ordinances as the Mayor and Council may deem necessary in order to protect said city as far as possible from dangers from fire and to prevent the spread of fire from one building to another; and for the protection and safety of the people. They shall also have the authority

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to order any changes in the construction or arrangement of buildings, chimneys, stovepipes or flues, and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such change or removal, which expense may be collected as taxes are collected, and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, said Mayor and Council may order such buildings removed or altered, and if such person, firm or corporation shall not remove or alter such buildings after notice to do so is given as may be prescribed, then said Mayor and Council shall have authority to remove or alter the same at the expense of the owners, which expense may be collected as taxes are collected. Fire limits, and regulations of buildings, etc. Sec. 44. Be it further enacted, That the Mayor and Council of said city shall have the absolute, full and complete control and supervision of the streets, sidewalks, alleys, lanes, parks and squares of said city, and shall have full power and authority to open, lay out, widen, straighten, grade or otherwise change the streets, sidewalks, alleys, lanes, parks and squares of said city, and shall have the power to lay off. grade, vacate, close up, open, curb and pave the roads, streets, bridges, alleys, sidewalks, cross-drains, cross-walks, drains and gutters, or any of them, for public use, or the use of laying wires or lines, or sewer pipes, throughout the streets, squares, lanes, alleys and parks of said ctiy, upon such terms and conditions as the Mayor and Council may by ordinance provide, and the Mayor and Council of said city shall have full power and authority to condemn property for the purpose of laying out and opening new streets, sidewalks, alleys, squares and parks in said city, and for the purpose of widening, straightening, grading or in any way changing the streets, lanes and sidewalks of said city. Whenever the said Mayor and Council shall desire to exercise the power and authority to condemn

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property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian, or agent, under the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use as contained in Article 1, Chapter 9 of the Code of Georgia of 1910, beginning with Section 5206 and embracing all sections following the same having reference to the condemnation of private property for public use, and as provided by Acts amendatory thereof. The Mayor and Council of said city shall have full power and authority to remove or cause to be removed any building, steps, fences, gates, posts or other obstruction, or nuisances of any kind in the public streets, alleys, lanes, sidewalks, parks or squares of said city, and to enforce the provisions of the section by the enactment of appropriate ordinances. Streets, sidewalks, parks, etc. Condemnation. Sec. 45. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to pass all laws and ordinances necessary for the draining and proper maintenance and care of the streets, alleys, sidewalks and other public places of said city; to provide for the paving, grading, macadamizing, curbing or otherwise improving for travel or drainage, the same or any part thereof; or to regrade, repave, recurb, remacadamize, or repair, in any way, the pavement, curbing, grade or drainage of the same, whenever in the judgement of the said Mayor and Council the same becomes necessary or advisable, and the said Mayor and Council shall have the right and authority to provide, by ordinance, how said paving, grading, macadamizing, or repairing, maintenance and care of the same shall be paid, whether by the city or whether by the adjacent land owners, or by both. Paving, drainage, etc. Sec. 46. Be it further enacted, That the Mayor and Council of said city shall have full power and authority,

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by ordinance, to regulate and prescribe the speed of railroad trains running within the limits of said city; they shall also have the full power and authority to regulate the speed of automobiles, motorcycles or other vehicles, driven by either steam or gasoline, on the streets of said city; they shall also have full power and authority to prohibit by ordinance the riding of bicycles, motorcycles, or other vehicles of any other kind whatever, upon the sidewalks of said city. Speed of trains and vehicles. Sec. 47. Be it further enacted, That the Mayor and Council of the City of Powder Springs shall have the power and authority to build, establish, maintain, equip, repair, extend or enlarge a system of waterworks, sewerage, electric lights (any one or all of them) in the City of Powder Springs, for the purpose of supplying its inhabitants and the city and consumers generally with water, sewerage and electric lights, or any of them, and the said Mayor and Council shall have the power to do any and all things necessary for such purpose; to contract with any person or persons, firm or corporations, for the purchase of land or premises to be used in connection therewith, whether within or without the city, and to contract for the purchase of easement over lands and premises to be used in connection therewith, whether the lands and premises over which easements are desired are within or without the limits of said city, and if necessary for any or all of such purposes, to condemn the same as herein provided for; said Mayor and Council, in the name of the city, shall have full power and authority to make purchase of plants, machinery and any and all articles and things that may be necessary or advisable for the proper equipment of said plants or either of them, and for the purpose of properly repairing and maintaining the same, or for the purpose of extending, enlarging, or in any way improving said plants or either of them; to build and erect houses, bore wells, build, shape and to furnish the same with machinery, tools and equipment that may be necessary or

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expedient in the care and maintenance of said plants, and to generally have the power and authority to do any and all things necessary or expedient to the upkeep, care, maintenance and improvement of said plants or in the extension or enlargement thereof. Said Mayor and Council, in the name of the city, shall have the right and authority to make contracts with the inhabitants of said city, and to consumers generally, whether residents of said city or residents without the limits thereof, for the furnishing of water, electric lights, electric power, sewerage or any of them, at such rates and under such rules and regulations as the Mayor and Council may provide. Said Mayor and Council, in the name of said city, shall have the right, power and authority to contract with any person, firm or corporation whatever, for the furnishing of electric lights to light the streets of such municipality, or for the furnishing of electric power to said city upon such terms, conditions, stipulations, agreements, and limitations as the Mayor and Council may prescribe; and the said City of Powder Springs shall have the power and authority to enforce such contracts in the Courts of this State in the same manner that other contracts are enforced, under the laws of Georgia. Said Mayor and Council shall also have the right and authority to contract with persons, firms and corporations in other municipalities for the furnishing of electric lights and power under the same terms, rates, rules and regulations as the same is furnished to residents of the City of Powder Springs, or at a higher rate as the said Mayor and Council of the City of Powder Springs may provide. For the purpose of carrying out the provisions of this Act the Mayor and Council of said city shall have the right and authority to purchase or condemn land and premises for such purposes, whether within or without the limits of said city, the condemnation proceedings to be the same as hereinbefore set out in this charter. Waterworks, sewerage, and lights. Contracts of purchase etc. Condemnation.

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Sec. 48. Be it further enacted, That the said Mayor and Council shall also have full power and authority to grant franchises over its streets, and other public property to any persons, firms or corporations for the furnishing of water, electric lights, electric power, sewerage or any of them, to the city and its inhabitants, and to make such contracts with such persons, firms or corporations for water, electric lights, electric power, sewerage or any of them as the Mayor and Council may deem proper; provided, further, that no such franchise shall be granted for a period longer than twenty years from the date of granting same. The Mayor and Council of the City of Powder Springs are hereby authorized and empowered to enact all laws, ordinances, rules and regulations necessary to carry out and effectuate this section; provided, however, that any franchise heretofore granted to any person, firm or corporation by the Town of Powder Springs shall be continued for the full period of time as heretofore granted by said town. Franchises Sec. 49. Be it further enacted, That the City of Powder Springs may issue its bonds for the payments of its debts or for public improvements, but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia as found in Sections 440, etc., of the Political Code of Georgia. Bond issues. Sec. 50. Be it further enacted, That it shall be the duty of the Mayor and Council of said city to set aside annually a sufficient sum as a sinking fund to retire the bonded debt of said city, and to pay the interest thereon as said interest becomes due. Sinking-fund. Sec. 51. Be it further enacted, That whenever the City of Powder Springs, acting through its Mayor and Council, shall desire to create a bonded debt for the purpose of carrying into effect any of the powers and provisions of this charter, it shall have the right and authority to do so when authorized by two-thirds of the qualified voters of said city at an election held for that

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purpose as provided by law. The Mayor and Council shall have the authority to enact such ordinances to carry out and effectuate the provisions of this section. Two-thirds vote for bonds. Sec. 52. Be it further enacted, That the Mayor and Council of said city shall have the full power and authority to tax and grant licenses to persons keeping markets in said city and to provide for the inspection of all meats, fruits, and vegetables sold or offered for sale in said city as well as for the inspection and regulation of all butcher pens used by butchers in said city, whether said pens are located within the limits of said city or not, and all animals slaughtered or intended for slaughter by the owners of markets or persons conducting same, and all animals brought in said city for sale to markets or brought into the city after being sold, for the purpose of being butchered and dispensed to the people of said city. The said Mayor and Council of said city shall also have the right and authority to tax, license, regulate and control by ordinances all taverns, hotels, boarding houses, cafes, restaurants, soda-water founts, places for the sale of creams, ices, soda-water and soft drinks of any character, or dealers in the same; livery stables, sales stables or lots, and owners or keepers of same: hacks, drays, jitneys, or other vehicles and operators of same; auctioneers, vendue masters, itinerant traders, picture shows, theaters, shows and exhibitions and fairs of all kinds, theatrical performances, dummy or street railways, oil mills, ice works or factories, ginneries, grist mills, fluor mills, planing mills, saw mills, and all other kinds of mills; machine shops, wood shops, blacksmith shops, garages and shops of any other kind; circuses, and owners or managers of same, lightning rod dealers, itinerant or otherwise, bill posters, book agents, peddlers of stoves, machines, or any article of merchandise, itinerant traders, emigrant agents, itinerant vendors of any and all kinds of goods, wares, merchandise or other things, salesmen offering for sale stock in oil companies or any corporation; pool rooms, billiard

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rooms, pool tables, billiard tables, and any and all kinds of tables for public play, bowling alley, and every keeper of any thereof, and every keeper of any tables, devices, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other things and contrivances; upon flying jennies, merry-go-rounds, and other like contrivances, skating rinks, dance halls, or the owner or operator or keeper of any of them; dealers in bicycles, velocipedes and other like vehicles, dealers in automobiles, insurance companies of any character, and agents representing any of such companies, debenture companies, bond companies and agents thereof; loan companies and agents thereof, and loan agents for any and all kinds of business; oil companies and agents thereof; brokers and commission merchants of all kinds; dealers in petroleum oils of any character; dealers in lubricating oils, paints or like articles; undertakers, undertaking establishments, newspapers, publishing companies, job printing establishments, dealers in coffins and caskets, and undertaking supplies; dealers in futures, guano factories and dealers in guano or fertilizers of any kind, keepers of slaughter pens, dealers in fresh fish and oysters, dealers in vegetables, fruits, breads, or other articles of food; dealers in coal, wood, ice or any or all of them; owners or keepers of bakeries, plumbers, banks or bankers, telephone companies, telegraph companies, express companies, real estate companies or brokers, dealers in plumbers' supplies, dealers in builders' supplies, marble yards, brick yards, barber shops, junk shops, cotton warehouses, and any and all other kinds of warehouses, bottling works, or the owners of any of such places, dealers in goods, wares or merchandise of any character on the installment plan; dealers in lime, brick, cement, lumber, shingles, junk, or any of such articles, and all and every other business, agency, calling, vocation, trade, or dealer, not heretofore mentioned, and which under the Constitution and laws of Georgia are subject to license and specific tax. The

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Mayor and Council shall have the right to fix and prescribe the amount of said taxes and licenses; to provide where the same shall be paid; to provide for the revocation of any or all licenses issued under this section; to provide for the enforcement and effectuating the provisions of this section, and to provide penalties for the violation of the provisions thereof. Licenses, inspection, and regulation of sundry matters of business. Sec. 53. Be it further enacted, That said Mayor and Council shall have full power and authority to require any person, firm or corporation, whether a resident or non-resident of the City of Powder Springs; engaged in or carrying on or who may engage in or carry on any trade, business, vocation or profession within the corporate limits of said city, either by themselves or by their agent or agents, to register their names and business, calling, vocation or profession annually and to require such person, or firm, or corporation, to pay for such registration and for license to prosecute, carry on or engage in such business, calling or profession such amount as the Mayor and Council may by ordinance require. Said Mayor and Council may by ordinance provide for the punishment of all persons, firms or corporations who are required by ordinance to pay the said special tax and register who shall engage in, or offer, or attempt to engage in such business, calling or profession without first complying in all respects with the city ordinances in reference thereto. Registration and licenses of vocations. Sec. 54. Be it further enacted, That the Mayor and Council of the City of Powder Springs shall have power and authority to levy and collect a tax annually of not exceeding seventy-five cents on the one hundred dollars upon all and every species of property, both real and personal, within the limits of the City of Powder Springs, including bonds, notes, debts, choses in action, money employed in banking and otherwise and to enforce the collection of same by execution, levy and sale as provided for by and under the laws of the State

Page 1467

of Georgia, and as provided for by ordinance of the Mayor and Council of said city. Tax ad valorem. Sec. 55. Be it further enacted, That said Mayor and Council shall at their first meeting in March of each year, elect three intelligent, discreet and upright persons, citizens, and qualified voters of said city, and owners of real estate therein, as city tax assessors, whose terms of office shall be one year. Said city tax assessors shall at any time be removed from office by the Mayor and Council, for good and sufficient cause, to be judged by said Mayor and Council, and all vacancies occurring from any cause may be filled by the Mayor and Council at any time. It shall be the duty of said tax assessors to assess the value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereof when in their judgment the value placed thereon is too small. The Mayor and Council shall have the authority to prescribe rules for the government of said city tax assessors. Said assessors shall make returns of the assessments made by them to the Mayor and Council each year at such time as the Mayor and Council may by ordinance direct. If any taxpayer is dissatisfied with the assessment made of his property, either real or personal, by said assessors, such taxpayer shall, within ten days after the assessors have made their returns to the Mayor and Council, file written notice with the clerk of Council of his dissatisfaction, and shall name in his said notice one arbitrator to represent him in fixing the value of his said property. Upon such notice being filed with the said clerk, it shall be his duty to notify the Mayor of the fact, and it shall be the duty of the Mayor to forthwith name an arbitrator to represent said city in fixing the value of the property in dispute, and the two arbitrators so elected shall be immediately notified by the city clerk and shall forthwith select an umpire and

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the Board of Arbitrators so constituted shall immediately proceed to give their awards as to the value of such property, which award shall be returned to the city clerk, and shall be final on both the city and taxpayer. The Mayor and Council shall have the power and authority to pass such ordinances as are required to effectuate this section. Tax assessors. Returns. Arbitration. Sec. 56. Be it further enacted, That the Mayor and Council of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, in what length of time said taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the non-payment of taxes when due. Tax payments. Sec. 57. Be it further enacted, That the Mayor and Council of said city shall have the right and authority by ordinance to prohibit idling, loitering and loafing on the streets, alleys, lanes, squares and sidewalks of said city, or upon any of them, and to prohibit the idling, loitering and loafing in any of the public buildings in said city and to prescribe penalties for the violation thereof. Idling and loitering. Sec. 58. Be it further enacted, That the Mayor and Council of said city be and are hereby empowered and authorized to regulate by ordinance the selling, weighing, measuring of hay, wood, ice, coal, coke and all other articles and commodities sold by weight or measure; to require dealers to keep honest weights and measures; to give full and honest weight and measures; to provide for the inspection and regulation of such weights and measures; to provide that the marshal and policemen of said city shall have the power and authority to stop wagons or drays loaded with any of such articles and commodities and have the same measured or weighed and see if the articles or commodities thereon are of full weight or measure; and to prescribe penalties for any violation of this section or ordinance adopted effectuating the same. The provisions of this section shall

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also apply to persons who reside without the limits of the city bringing any of said articles or commodities in said city for sale. Weights and measures. Sec. 59. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to compel any resident or non-resident, or property owner owning lands located upon any of the streets of said city, over which the water and sewerage system may hereafter extend upon which lands houses are erected, or may be erected, and occupied, either by the owner or by tenants, to connect the same with the water and sewerage systems now laid or hereafter laid by said city, and to compel said property owners or others owning, controlling or using such buildings, to pay the expense of said connections when done by the city (which authority is hereby granted in the event such owner or other person fails or refuses to cause such connections to be made within such reasonable time as the Mayor and Council may direct) in the same manner and under the same rules and regulations that the collections of taxes are enforced: The Mayor and Council of said city shall have the authority to require all surface wells, dry-wells, or other places, to be filled in at the expense of the owner, and should the owner fail or refuse to fill the same within a reasonable time as the Mayor and Council may direct, the same shall be done by the city, and the expense thereof shall be collected from the owner in the same manner as taxes are collected. The Mayor and Council are hereby authorized and empowered to enact such ordinances as may be necessary to fully effectuate the provisions of this section. Water and sewer connections. Filling of wells. Sec. 60. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to regulate the buildings or the repairing of any buildings within the corporate limits of said city or the removal thereof; to require persons desiring to build, repair or remove buildings in said city to first obtain a

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permit from the Mayor and Council or from such officer as may be authorized to grant the same, before erecting, repairing or removing same; to refuse to allow buildings to be erected, repaired, or removed in said city when satisfied that said buildings or addition thereto, or repairing thereof or the removal of same, will be manifestly against the best interests of the city or will endanger the safety or health of the citizens or likely to become a nuisance and offensive to the property owners, or residents of said city; to require applications for permits to be made and to prescribe how they shall be made, what they shall contain, and with whom filed; to provide for the removal, at the expense of the owners or builders of any houses erected, repaired or removed in violation of such rules and regulations as may be prescribed by said Mayor and Council for the building, repairing or removing houses in said city; and the Mayor and Council of said city are hereby authorized and empowered to enact all ordinances to carry out and effectuate the provisions of this section and to provide a penalty for the violation of such ordinances. Building regulations. Sec. 61. Be it further enacted, That the said Mayor and Council shall have the full power and authority, by ordinance, to establish and maintain public parks in the streets of said city and at other places therein as they may deem proper. Parks. Sec. 62. Be it further enacted, That said Mayor and Council shall have full power and authority to provide for the working of the convicts from the Police Court upon the streets and other public places and works of said city; to establish, equip and maintain a city chaingang, and prescribe rules and regulations for the proper management of same; to maintain, establish and equip a city jail or calaboose in said city for the safekeeping of prisoners, convicts, and persons charged with violating the laws and ordinances of said city, and to provide

Page 1471

for the feeding of such prisoners; the Mayor and Council shall have the authority to enact such ordinances necessary to carry out the provisions of this section. Convicts. Sec. 63. Be it further enacted, That said Mayor and Council shall have the power and authority by ordinance to create and establish a fire department in said city, to provide for the pay and equipment thereof, to purchase any necessary apparatus and make any needful rules and regulations for its proper maintenance. Fire department. Sec. 64. Be it further enacted, That the Mayor and Council of said city shall have the power and authority to borrow money for the use of said city by making a temporary loan to supply casual deficiency of revenue not to exceed one-fifth (1-5) of one (1) per cent. of the assessed value of the taxable property therein in any one year; and it is further enacted that the sum or sums so borrowed shall be paid out of the income of the city for the fiscal year in which the loan or loans are made, and before the expiration of the fiscal year in which the same was or were made. Temporary loans. Sec. 65. Be it further enacted, That the Mayor and Council of said city may codify all ordinances, resolutions and by-laws of said city, together with the charter of said city, into one book, to be known as the Code of the City of Powder Springs, and when the same is adopted by said Mayor and Council, said Code shall be admitted in evidence in any of the Courts of this State, upon the certificate of the city clerk certifying the same to be the Code of Laws and ordinances of said city. The Mayor and Council shall have the power and authority to revise said Code or recodify the laws and ordinances of said city whenever they may deem it necessary. Code of laws. Sec. 66. Be it further enacted, That the Mayor and Council of said city may select some bank in said city as a city depository, and may require the treasurer of said city to deposit all funds of the city therein. Said

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depository may be selected upon such rules, regulations, conditions and requirements as the Mayor and Council may by ordinance prescribe. Depository. Sec. 67. Be it further enacted, That the Mayor and Council of said city shall have the full right and power by ordinance, to regulate all vehicles of every kind and description used in the city for hire or profit in the transportation of passengers, freight, drayage, either or all of them; to provide for the inspection of same, and to fix the rates of fare and carriages thereon; and to fix and prescribe penalties for violation thereof. Regulation of vehicles. Sec. 68. Be it further enacted, That the Mayor and Council of said city shall have the right, power and authority, by ordinance, to regulate the keeping of gunpowder, dynamite, petroleum oils, turpentine, and any and all other kinds of explosives or combustible materials; to regulate the sale and use of firecrackers, torpedoes, skyrockets, and any other kind of fireworks; or to prohibit the firing or use of them, or either of them, within the limits of said city, and to prescribe penalties for violations of such ordinances. Explosives. Sec. 69. Be it further enacted, That the Mayor and Council shall have exclusive jurisdiction over all cemeteries belonging to said city. They shall also have the right and authority to regulate the establishment of any cemetery in said city or extending and enlarging the boundaries of any cemetery now located in said city; and no new cemetery shall be established or located within the limits of said city except by approval and consent of the Mayor and Council thereof, and the boundaries or limits of any cemetery now located in said city shall not be extended or enlarged except by the consent and approval of said Mayor and Council. Cemeteries. Sec. 70. Be it further enacted, That the Mayor and Council of the City of Powder Springs shall have the power and authority, by ordinance, to prohibit within the limits of said city, the hazarding of money or other

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things of value at what is commonly known as matching to match for drinks, any and all other games (other than innocent games) for the hazarding of money or other things of value; to prohibit the owners, lessees or occupants of buildings in said city from allowing or permitting persons to match for drinks, money or other things of value therein, or to use other schemes for the hazarding of money or other things of value therein, to prohibit raffling in said city; and to prescribe penalties for the violation of any and all such ordinances. Gambling. Sec. 71. Be it further enacted, That the marshal and policemen of said city shall have the right and authority upon proper warrant, to break and enter any house or place in said city where they or either of them may have reason to suspect that any of the laws and ordinances of the city are being violated, and to arrest the persons therein and imprison or admit them to bail as hereinbefore provided for in cases of arrest. Warrant to break and enter houses. Sec. 72. Be it further enacted, That the Mayor and Council of said city shall have the right, power and authority to employ, at such times as they may deem necessary, an auditor to examine and audit the books of the city and each department thereof and to pay a reasonable compensation therefor. Auditor. Sec. 73. Be it further enacted, That whenever any real property is sold under any process of the City of Powder Springs, the officer making the sale shall have the power and authority to convey the same by proper conveyance to the purchaser, but all such property that may be sold under execution for city taxes shall be subject to redemption within the period allowed by law of property sold under execution for State and county taxes. Execution sales. Redemption. Sec. 74. Be it further enacted, That the Mayor and Council of said city shall have the right to elect such other municipal officers besides those herein specified as to them seem necessary and proper therefor when

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necessary, by ordinance, and in the same manner prescribing their duties and compensation and fixing their compensation. Additional officers. Sec. 75. Be it further enacted, That the salaries of all city officers, when fixed and determined by the Mayor and Council in the manner prescribed in this Act and in the manner prescribed by the laws and ordinances of said city, shall not be increased nor diminished during the terms of office for which such officers are elected. Salaries. Sec. 76. Be it further enacted, That authority to carry out and effectuate by ordinance each and every power granted to the City of Powder Springs in this Act is hereby expressly conferred on the Mayor and Council of said city; and said Mayor and Council shall have generally the power and authority to make and pass such rules, by-laws and ordinances as shall appear to them necessary or requisite for preserving or promoting the peace, dignity, good order and welfare of said City of Powder Springs. General welfare powers. Sec. 77. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 5, 1920. QUITMAN SCHOOL TAX. No. 491. An Act to authorize, empower, direct and require the Mayor and Council of the City of Quitman to provide an ad valorem tax on all real and personal property within the corporate limits of said city of five mills for the years 1920 and 1921 only, in addition to all other taxes now provided by law, for the erection of a school building and for school purposes in said city.

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Section 1. Be it enacted by the General Assembly and it is hereby enacted by authority of the same, That the Mayor and Council of the City of Quitman be and they are hereby authorized, empowered, directed and required to provide an ad valorem tax on all real and personal property within the corporate limits of said city of five mills for the years 1920 and 1921 only, in addition to all taxes now provided by law, for the purpose of erecting a school building and for school purposes in said city. Tax for school purposes. Sec. 2. Be it further enacted, That all other laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1920. RESACA CHARTER REPEALED. No. 468. An Act to repeal an Act of the General Assembly of Georgia, incorporating the Town of Resaca, Georgia, and for other purposes, approved February 18, 1854, and to repeal an Act of the General Assembly of Georgia incorporating the said Town of Resaca, and for other purposes, approved December 13, 1871. Section 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 of the General Assembly of Georgia, approved February 18, 1854, incorporating the Town of Resaca, Georgia, and an Act of the General Assembly of Georgia, approved December 13, 1871, reincorporating the said Town of Resaca, be and the same are hereby repealed, and the charter of said Town of Resaca be, and the same is, hereby annulled from the date of the passage of this Act. Acts of 1854 and 1871 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 are hereby repealed. Approved July 31, 1920. RICHLAND PUBLIC SCHOOLS. No. 544. An Act to amend an Act to establish a public school system in the Town of Richland, Georgia, to empower the Mayor and City Council of said town to levy and collect a tax for the support thereof; to provide for issuance of bonds for said town, for the purpose of purchasing school property, building school houses and etc., to create a Board of School Commissioners for said town, to authorize the County School Commissioners of said county to turn over to said School Board such part of the State funds as may be the full pro-rata share of said town and for other purposes, approved October the 6th, 1891, by striking from lines three, four and five of Section VII the following: In addition to that now allowed by law, not to exceed one and one-half per cent. (1 1-2%) on the taxable property of said town, and in lieu thereof insert the following, which reads as follows: Not to exceed one per cent (1%) on the taxable property of said town. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Acts for a public school system for Richland Georgia, and the Acts amendatory thereof be and the same are hereby amended as follows, to-wit: That Section VII on page one thousand forty-six of the Acts of 1890, 1891, be amended by striking out one and one half per cent. in the fourth line of said section,

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and inserting in lieu thereof the words one per cent. so that the said section when amended will read as follows: Be it further enacted, That the Mayor and Council of said Town of Richland are hereby authorized to levy and collect annually a tax, in addition to that now allowed by law, not to exceed one per cent. on the taxable property of said town, for the purpose of establishing and maintaining said school, not to exceed ten (10) months in each year, said funds to be used only for the purpose aforesaid. Act of 1891 amended. School-tax. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1920. RICHLAND SCHOOL TAX. No. 588. An Act to amend an Act to create a new charter for the Town of Richland, in Stewart County, to consolidate and amend the several Acts relating to the rights and powers of said town, and for other purposes; approved December 18, 1902, by striking from lines ten and eleven of Section Sixteen the following: Not more than one-half of one per cent. for educational purposes, and insert in lieu thereof the following: Not more than one per cent. for educational purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Acts incorporating the Town of Richland, and the Acts amendatory thereof be, and the same are hereby amended as follows, to-wit: That Section Sixteen on page five hundred sixty-two of the Acts

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of 1902, be amended by striking out one-half of one per cent. in the eleventh line of said section, and inserting in lieu thereof the words, one per cent., so that the said section when amended will read as follows: The Board of Aldermen shall have power and authority to assess, levy and collect annual ad valorem taxes upon all property, real and personal, within corporate limits of said town; to prescribe rules and regulations for the same and penalties for non-compliance therewith; to fix the time for making returns and for paying taxes, notice of which time so fixed shall be given at least four weeks prior to the date so fixed, by posting notices thereof in three public places in said town. Said tax shall not exceed one-half of one per cent. upon the value of said property for the ordinary current expenses of said town; not more than one per cent. for educational purposes; not more than one-half of one per cent. for street and paving purposes; and not more than one-half of one per cent. for the payment of the principal and interest of the public debt. If an additional fund is required by said town for internal improvement not herein provided for, or if the amount realized by the levy of one-half of one per cent. shall be insufficient to defray the ordinary current expenses of said town, an additional tax may be levied for these purposes when the same shall be authorized by a vote of two-thirds of the legal voters of said town who are qualified to vote at an election held for that purpose. The municipal authorities shall cause separate accounts to be kept of all amounts collected and disbursed for each different purpose, and each amount shall be applied exclusively to the purpose for which it was collected; provided, that the provisions of this section shall not be construed to limit the right of the Board of Aldermen to assess, levy and collect taxes already authorized for the payment of the principal and interest of the bonds which have been issued for the purpose of constructing and maintaining the present system of public schools and buildings of said town. Act of 1902 amended. To be read. School-tax rate.

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Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 10, 1920. ROME, CITY OF; WATER SUPPLY TO NON-RESIDENTS. No. 475. An Act to amend an Act approved August 19th, 1918, incorporating the City of Rome, Georgia, said Act to be amended being entitled An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and all laws in conflict therewith, by repealing Sections 127, 128 and 129 of said Act and providing in lieu thereof that the governing and legislative body of said city shall have the right and power, by ordinance or otherwise, to regulate and control the matters in said sections dealth with; 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 of the State of Georgia, approved August 19th, 1918, incorporating the City of Rome, Georgia, entitled An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and all laws in conflict therewith, be and the same is hereby amended by repealing and striking therefrom Sections 127, 128 and 129 thereof. Act of 1918 amended. Secs. 127-129 stricken. Sec. 2. Be it further enacted by the authority aforesaid, That the governing and legislative body of said

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City of Rome be and they are hereby vested with the right and power, by ordinance or otherwise, to regulate and control all city water supplied by the city to non-resident persons, firms or corporations, or to any person outside the corporate limits of said city, and to fix the rates to be paid by such persons, firms or corporations to said city for water, and to provide for the payment by such persons, firms or corporations for said water, and to provide how, when and where such persons, firms or corporations may connect with the water mains of said city and also to provide for disconnecting from the water mains of said city any pipes of such persons, firms or corporations now connected or hereafter connected with its said water mains; however, nothing herein contained shall be construed to require or obligate said city to lay any water mains outside the corporate limits of said city, or to require or obligate said city to allow the water pipes of such persons, firms or corporations to be connected with its said water mains, or those now connected to remain connected therewith. Regulation, control, and rates for water supply. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1920. ROSWELL SCHOOL TAX. No. 483. An Act to amend an Act approved August 22, 1907, entitled an Act to amend an Act of the Legislature approved December 22, 1892, establishing a system of public schools in the Town of Roswell, by striking from the seventh line of Section 1 of said amending Act the words twenty-five and inserting in lieu thereof the words seventy-five, so as to authorize

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a tax levy of seventy-five cents on the hundred dollars for the maintenance of the public schools of said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That Section 1 of an Act entitled An Act to amend an Act to establish a system of public schools in the Town of Roswell, approved August 22, 1907, be and the same is hereby amended by striking out the words twenty-five in the seventh line of said Section 1 and inserting in lieu thereof the words seventy-five, so that said Section 1 of said amending Act when so amended will read as follows: Act of 1907 amended. To be read. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act that the Mayor and Council of Roswell are hereby authorized to levy and collect a tax annually in addition to any tax now authorized by law, not to exceed seventy-five cents on the hundred dollars, on the real and personal property of the Town of Roswell, for the purpose of establishing and maintaining a system of public schools in said town; provided, that the money so raised by taxation or otherwise shall be used for school purposes as in the Act set forth. School-tax rate. Sec. 2. Be it further enacted, That this amendment shall not take effect until ratified by two-thirds of the qualified voters of said Town of Roswell at an election to be called for that purpose by the Mayor and Council of said town. At said election those who favor this amendment shall have written or printed on their ballots the words For Amendment, and those who oppose this amendment shall have written or printed on their ballots the words Against Amendment. If two-thirds of the qualified voters of said town should not vote to ratify this amendment at the first election therefor, then the Mayor and Council may call an election

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or elections therefor at any time until this amendment is ratified. Submission to popular vote. Sec. 3. Be it enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 5, 1920. SAVANNAH BAGGAGE AND CAB RATES. No. 721. An Act to authorize and empower the Mayor and Aldermen of the City of Savannah to fix and regulate by ordinance the rates and fares to be charged within the City of Savannah by baggage and cab companies, public drays, hacks, horse-drawn or otherwise, cabs, taxicabs, public automobiles and jitneys for the transportation of passengers and goods and merchandise and baggage; to authorize said Mayor and Aldermen to fix a penalty for the violations of any such ordinance, and for 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 fix and regulate by ordinance the rates and fares to be charged within the City of Savannah by baggage and cab companies, public drays, hacks, horsedrawn and otherwise, cabs, taxicabs, public automobiles and jitneys for the transportation of passengers and goods and merchandise and baggage; and said Mayor and Aldermen shall also have the right and power to provide in any such ordinance a penalty for the violation of the same upon conviction in the Police Court of Savannah of a fine of one hundred dollars or imprisonment for the space of thirty days, either or both, or

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any portion of either or both, in the discretion of the Police Court. Regulation and rates of local carriers. 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, 1920. SAVANNAH CHARTER AMENDED. No. 713. An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the Mayor and Aldermen of the City of Savannah are hereby authorized and empowered to fix as the penalty for the violation of any ordinance assessing or imposing a street or commutation tax upon a conviction of any such violation in the Police Court of Savannah a fine of one hundred dollars, or imprisonment for the space of thirty days, either or both, or any portion of either or both. Street tax. Penalty. Sec. 2. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen of the City of Savannah shall have the power and authority to assess and levy the street or commutation tax now authorized to be assessed and levied upon persons residing within the corporate limits of the City of Savannah between the ages of twenty-one and sixty years, also upon persons between said ages who work or labor daily within said corporate limits of said city or who have a fixed occupation therein but who reside without the corporate limits of the said City of Savannah. Non-residents taxable.

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Sec. 3. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah shall have the power and authority to provide by ordinance for the investment of any perpetuity fund of said city in the paving bonds issued by said city under the provisions of an Act of the General Assembly of Georgia approved August 18th, 1919, and to this end shall have the right to take over such bonds at par value and appropriate any portion of any such perpetuity fund it may have for the perpetual care and upkeep of cemeteries, lots or cemeteries, or for any other purpose in payment of such paving bonds, and the interest and assessment collected by said city due on said bonds shall be credited to such perpetuity fund or funds. Investment of fund in paving bonds. Sec. 4. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen of the City of Savannah are hereby authorized and empowered to maintain and operate either alone or jointly with the County of Chatham a municipal hospital, to appropriate annually moneys from the city treasury for such purpose, and to appoint a Commission composed of such number of Commissioners and with such qualifications as said Mayor and Aldermen may deem proper, to manage said hospital for and in behalf of said Mayor and Aldermen, and said Mayor and Aldermen are further authorized and empowered to make such rules and regulations for the government and operation of said Commission as it may deem proper. Said Mayor and Aldermen are further authorized and empowered to receive and accept a grant and transfer of the present real estate and hospital site and rights and franchises of the Savannah Hospital, a corporation. Hospital, powers relating to. Sec. 5. Be it further enacted by the authority aforesaid, That whenever the right of way of any electric or steam railroad in the City of Savannah containing tracks thereon shall extend on either side of a public street, lane or highway so that it adjoins the abutting

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property and separates the abutting property from such street, lane or public highway, the said right of way of such electric or steam railroad shall be considered, for the purpose of paving, macadamizing, draining or improving such street, lane or public highway, or repairing or renewing any pavement already thereon under any paving law or ordinance pertaining to the City of Savannah, as if such right of way and track or tracks were in the middle of the street, and such electric or steam railroad shall be required to pave, drain and improve the said right of way between its tracks and also the full width on either side thereon under the terms of such existing paving laws, and the property of other property owners abutting on said right of way of such railroad shall be considered for the purpose of said paving laws as abutting on such street, lane or public highway. Railroad rights of way as related to street improvements. Sec. 6. Be it further enacted by the authority aforesaid, That Section 14 of the Act of the General Assembly of the State of Georgia approved August 18th, 1919, entitled An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, be amended by striking from said Section 14 the words section three in the second line of said section, and inserting the words section twelve, the purpose of this amendment being to correct a typographical error. Act of 1919 amended. Errors corrected. Sec. 14. Sec. 7. Be it further enacted by the authority aforesaid, That Section 21 of the said Act of the General Assembly of the State of Georgia approved August 18, 1919, found in Georgia Laws, 1919, pages 1294, et seq., entitled an Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah be amended by striking from said Section 21 on page 1308 of said Georgia Laws of 1919 in the fourth line of said page the words section three and inserting in lieu thereof the words section twelve,

Page 1486

the purpose of this amendment being to correct a typographical error. Sec. 21. Sec. 8. Be it further enacted by the authority aforesaid, That Section 24 of the said Acts of the General Assembly of the State of Georgia, approved August 18th, 1919, found in Georgia Laws 1919, pages 1294, et seq., entitled An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, be amended by striking from the second line of said Section 24 on page 1309 of said Georgia Laws of 1919 the words section three and inserting in lieu thereof the words section twelve, the purpose of this amendment being to correct a typographical error. Sec. 24. Sec. 9. Be it further enacted by the authority aforesaid, That Section 25 of the said Act of the General Assembly of the State of Georgia approved August 18th, 1919, and found in Georgia Laws 1919, pages 1294, et seq., entitled An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, be amended by striking from the last line of Section 25 the words section three and inserting the words section twelve, the purpose of this amendment being to correct a typographical error. Sec. 25. Sec. 10. Be it further enacted by the authority aforesaid, That Section 19 of the said Act of the General Assembly of the State of Georgia, approved August 18th, 1919, and found in Georgia Laws 1919, pages 1294, et seq., and entitled An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes, be amended by striking from the end of said section the following paragraph: Said bonds shall be registered by the said clerk of Council in a book to be provided for that purpose and certificates of registration by said clerk of Council shall be endorsed

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upon each of said bonds, whenever the owners of any of said bonds shall sell or transfer the same, such sales with the name and address of the owner shall be entered on the registry book for such bonds at the office of the clerk of Council, and it shall be the duty of the transferee of said bonds to carry or send such bonds to the clerk of Council for such purpose, and by inserting in lieu of said paragraph the following paragraph: Sec. 19. Said bonds and their interest coupons shall be payable to the bearer or holder thereof. The owner or holder of such bonds shall, however, at his option, have the right to have such bonds registered at the office of the clerk of Council of the City of Savannah in a book to be provided for that purpose, and in such case certificates of registration by said clerk of Council shall be endorsed upon issue of said bonds. Whenever any of said bonds are so registered such registered bonds with their interest coupons shall only be payable to the person in whose name they are so registered, and whenever the owner of any such registered bonds shall sell or transfer the same, it shall be the duty of such owner as well as the transferee of such bonds to notify immediately said clerk of Council of such sale or transfer with the name and address of the transferee and the said bond or bonds shall be sent to said clerk of Council for the proper entries thereon and for the purpose also of having the transfer entered on said registry book. The foregoing provisions shall apply to any series of bonds heretofore issued prior to the adoption and approval of this Act. Substituted paragraph. Bonds, registry and transfer. And said Section 19 is further hereby amended by adding at the conclusion thereof the following: The said Mayor and Aldermen shall have the right to provide that the bonds authorized in this section be issued substantially in equal annual installments so maturing that the assessments provided for in Sections 16, 17, 18 and 19 of this Act and collected shall be sufficient to pay the principal and interest of said bonds. And said Mayor

Page 1488

and Aldermen shall also have the right to issue said bonds in series, any of which series may include one or more streets or parts of streets or other public places in the discretion of the said Mayor and Aldermen, and it shall not be necessary to have a separate series of bonds for each street or part of street which may be paved under this Act, or for each separate paving contract. Any bonds issued by said Mayor and Aldermen in conformity with the foregoing are hereby ratified and approved. Bond issues. Sec. 11. Be it further enacted by the authority aforesaid, That Section 20 of the said Act of the General Assembly of the State of Georgia approved August 18, 1919, and found in Georgia Laws 1919, pages 1294, et seq., entitled An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, be and the same is hereby amended by adding at the end of said section the following: Sec. 20 amended. No affidavit of illegality shall in any case be based upon any ground or cause which could have been pleaded in the proceedings provided for in Section 21 of said Act. And any affidavit of illegality provided for under the terms of said Act shall be tryable at the same term of the Court at which it may be filed. And if on the trial of the issue the Court or jury who tries the same shall believe that such affidavit was filed for delay only, or that said affidavit is without any excuse to sustain it, they shall so state in their judgment or verdict, and if they so find, the person who files said affidavit shall pay twenty-five per cent. additional. And in any event if said party who files said affidavit of illegality fails to prevail in the same he shall in addition to the foregoing pay double interest at the rate provided for in the said Act on the amount involved in said illegality. The foregoing provision shall apply to any illegality hereafter filed, whether the assessments were made prior to or since the passage of this Act. Affidavits of illegality.

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Sec. 12. Be it further enacted by the authority aforesaid, That Section 25 of the said Act of the General Assembly of the State of Georgia, approved August 18th, 1919, and found in Georgia Laws 1919, pages 1294, et seq., and entitled An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes, be and the same is hereby amended by adding at the end of said Section 25 the following: Sec. 25 amended. And said Mayor and Aldermen may proceed under the provisions of the said Acts of the General Assembly of Georgia, in Georgia Laws, 1884-85, page 362 and following, and in Georgia Laws 1887, page 357, and in Georgia Laws 1910, page 1142, whenever for any other legal reason said Mayor and Aldermen are unable to proceed under the provisions of the said Act of August 4th, 1919. Proceedings under acts of 1885, 1887. Sec. 13. Be it further enacted by the authority aforesaid, That Section 16 of the said Act of the General Assembly of the State of Georgia, approved August 18th, 1919, and found in Georgia Laws 1919, pages 1294, et seq., and entitled An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes, be and the same is hereby amended by adding at the end of the said section the following: Sec. 16. In case any ordinance shall have been adopted levying the assessment provided for in this and other sections of said Act before the work of paving or improving the street, highway or other public place shall have actually begun, such fact shall not invalidate such ordinance or such assessments and said Mayor and Aldermen shall have the rights in its discretion to compute and collect interest on such assessments from the date on which the said work actually began instead of from the date of such ordinance levying said assessments; and said Mayor and Aldermen shall have also the right in

Page 1490

their discretion to date any series of bonds provided for in this Act fifteen days after the date the said work actually began or fifteen days from the date of the ordinance levying said assessments and the foregoing provisions shall apply to assessments and bonds provided for prior to the passage of this amended Act, as well as those provided for hereafter. Interest on assessments. Bonds; date of series. Sec. 14. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah is hereby authorized and empowered to allow the following encroachments of the church building of the First Baptist Church in the City of Savannah in Chipawa Square in and upon the streets of said city hereinafter designated: Encroachments on streets by church. Twelve and one-half (12) feet east of the old eastern boundary line of said building, or to a point seventeen feet and three inches (17 ft., 3 in.) west of the western curb line of Bull Street, between Hull and McDonough Streets: Also four inches (4 in.) west of the old western boundary line of said building, or to a point five feet ten inches (5 ft., 10 in.) east of the eastern curb line of Whitaker Street, between Hull and McDonough Streets; and said Mayor and Aldermen of the City of Savannah are authorized to grant to the deacons of the Baptist Church of Savannah so much of Bull Street and Whitaker Street as is above designated for the erection of the First Baptist Church on the said church lot at the location above named, so that the said First Baptist Church building shall have and occupy a building lot with a frontage on Bull Street in Savannah, Georgia, of sixty-seven (67) feet, with a rectangular depth westward of one hundred thirty-six feet and eight inches (136 ft., 8 in.).

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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 16, 1920. SAVANNAH MUNICIPAL WHARF. No. 630. An Act to amend an Act entitled an Act to authorize and empower the Mayor and Aldermen of the City of Savannah to acquire property for the establishment of a municipal wharf; to authorize said Mayor and Aldermen to maintain and operate a municipal wharf on the Savannah River; to authorize said Mayor and Aldermen to pay for such property, and to make rules, regulations and charges in regard to the use of such wharf, and for other purposes, by providing that said Mayor and Aldermen of the City of Savannah shall have the right to acquire property for the establishment of wharf, dockage, warehouse and factory site purposes on the Savannah River, in Chatham County, Georgia, and to devote any property already acquired for a municipal wharf to wharf dockage, warehouse and factory site purposes, and said Mayor and Aldermen shall also have the right to sell, dispose of or lease any property held or acquired for such purposes, to any person, firm or corporation desiring to erect, build or maintain warehouses and factories, and for 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 certain Acts entitled An Act to authorize and empower the Mayor and Aldermen of the City of Savannah to acquire property for the establishment of a municipal wharf, to authorize said Mayor and Aldermen to maintain and operate a municipal

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wharf on the Savannah River; to authorize said Mayor and Aldermen to pay for such property and to make rules and regulations and charges in regard to the use of such wharf, and for other purposes, be and the same is hereby amended by adding another section to said Act, Section 2, to be known as Section 3, as follows: Section 3. Be it further enacted by the authority aforesaid, That in addition to the power of acquiring, owning and holding real estate for the purpose of establishing a municipal wharf or wharves, said Mayor and Aldermen of the City of Savannah shall have the right to acquire property for the establishment of wharf, dockage, warehouse and factory site purposes on the Savannah River in Chatham County, Georgia, and to devote any property already required for a municipal wharf, to wharf, dockage, warehouse and factory site purposes, and said Mayor and Aldermen shall also have the right to sell, dispose of or lease any property held or acquired for such purposes to any person, firm or corporation desiring to erect, build or maintain warehouse and factories. Acquirement of property for wharf, etc. Sec. 2. Be it further enacted by the authority aforesaid, That the repealing clause of said original Act numbered Section 3 shall be numbered Section 4. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920.

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SHELLMAN TAX RATE. No. 414. An Act to amend the Acts amending the charter of the Town of Shellman, in Randolph County, Georgia, as enacted and approved on July 30th, 1908, and August 13th, 1909, so that the tax rate for the support and maintenance of the government of said town and also the special tax for school purposes may be increased, and for 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 July 30th, 1908, entitled An Act to amend the charter of the Town of Shellman (formerly Ward), in Randolph County, Georgia, as enacted and amended by the Georgia Laws. The Act approved September 5th, 1883, found on pages 318, 319 and 320 of Georgia Laws 1883, Act approved October 6th, 1885. The Act approved September 26th, 1889. All other amending Acts. So as to increase the size of the incorporate limits, enlarge the powers of its officers, alter their qualifications, provide for collecting taxes, licenses, punishing offenders, providing for liens for water and lights, and for other purposes, be amended and the same is amended by the authority aforesaid, by striking the three words one-half of in line three of Section 6 of said Act. Acts of 1883, 1885, 1889 amended. Tax rate. Sec. 2. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, That the Act approved August 13th, 1909, and entitled An Act to amend the charter of the Mayor and Council of the City of Shellman, and add to its powers; and for other purposes, be amended by striking the three words one-fourth of in lines six and seven of Section 9 of said Act. School-tax rate.

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Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 24, 1920. SMYRNA ELECTION FOR BONDS. No. 451. An Act, to authorize the Mayor and Council of the town of Smyrna, in the County of Cobb, to order and have held elections by the qualified voters of said town to determine whether or not bonds shall be issued in sums the aggregate amount of which shall not exceed $15,000.00, by said town, to be sold to pay for engineering, surveying, grading, installation of manholes, catch basins, culverts, bridges, draining pipes, and any other cost incident to street improvement not chargeable against the abutter or street car company, upon any street, avenue, alley or other public place in said town, and for paving, repaving or improving any street intersection in said town whenever in the discretion of said Mayor and Council the public necessity may require; to authorize the issue of said bonds and the assessing, levying, and collecting of a tax on all property, both real and personal, in said town, for the purpose of paying interest on said bonds as well as the principal thereof; to provide for the holding of elections from time to time for issue of such portion of said aggregate amount of said bonds as shall equal the estimated cost to make the improvements that shall have been petitioned for and granted; to provide that the first election under this Act shall not be held until petition has been granted to pave the main Marietta and Atlanta street or some portion thereof in said town. Thereafter such elections may be held when a petition

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or petitions, shall have been granted for the improvement of not less than one thosand square yards of any street, avenue or alley or for other public place in said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Mayor and Council of the town of Smyrna, in Cobb County, Georgia, are authorized and empowered to hold elections by the qualified voters of said town at such times as said Mayor and Council may designate to determine whether or not bonds shall be issued by said town in sums, the aggregate amount of which shall not exceed $15,000.00, to be sold for the purpose of paying for engineering, surveying, grading, installation of manholes, catch basins, culverts, bridges, draining pipes and any other cost incident to street improvement not chargeable against the abutter or street car company, upon any street, avenue, alley or other public place, in said town, and for the purpose of paving, repaving or improving any street intersection in said town, whenever in the discretion of said Mayor and Council the public necessity may require. No election shall be held under this Act until petitions have been granted by the adoption of an ordinance authorizing the improvement petitioned for and the elapse of fifteen days thereafter in which no legal proceedings have been begun, or if begun are no longer pending to prevent the assessment therefor being made for the paving of the main Marietta and Atlanta street or some portion of said street, then the first election under this Act shall be held at such time as the Mayor and Council designate to determine whether or not bonds shall issue in said town for such portion of said aggregate amount of said $15,000.00 as shall equal the estimated cost of engineering, surveying, grading, installation of manholes, catch basins, culverts, bridges, draining pipes, paving, repaving or improving any street intersection or any other

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cost incident to street improvement not charged against the abutter or street car company, required to make the improvements that shall have been petitioned and granted by the adoption of an ordinance authorizing the improvement petitioned for and the elapse of fifteen days thereafter in which no legal proceedings have been begun, or if begun are no longer pending, to prevent the assessment therefor being made. Thereafter such election may be held when a petition or petitions shall have been granted by the adoption of an ordinance authorizing the improvement petitioned for and elapse of fifteen days thereafter in which no legal proceedings have been begun, or if begun are no longer pending, to prevent the assessment therefor being made for the improvement of not less than one thousand square yards of any street, alley or other public place in said town. Each of said elections shall be held at such times as the Mayor and Council may designate to determine whether or not bonds shall be issued for such portions of the said aggregate amount of $15,000.00 as shall be equal to the estimated cost for engineering, surveying, grading, installation of manholes, catch basins, culverts, bridges, draining pipes, paving or repaving, or improving any street intersection and any other cost incident to street improvement not chargeable against the abutter or street car company, required to make the improvements for which shall have been made and granted by the adoption of an ordinance authorizing the improvement petitioned for and the elapse of fifteen days thereafter in which no legal proceedings have been begun, or if begun no longer pending, to prevent the assessment therefor being made. At each of said elections the ballots used shall be For Street Improvement Bonds, and Against Street Improvement Bonds. Elections to authorize bonds for street improvements. Petition. Ordinance. Times of holding elections. Sec. 2. Be it further enacted by the authority aforesaid, That if the first election provided be in favor of bonds for said purposes, then the Mayor and Council of said Town of Smyrna shall be and they are hereby authorized

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to issue the bonds of said Town of Smyrna in sums not exceeding the estimates for engineering, surveying, grading, installation of manholes, catch basins, culverts, bridges, draining pipes, paving, repaving or improving any street intersection and any other cost incident to street improvement not chargeable against the abutter or street car company required to make the improvement for which petitions have been made and granted by the adoption of an ordinance authorizing the improvement petitioned for and the elapse of fifteen days thereafter in which no legal proceedings have begun, or if begun are no longer pending, to prevent the assessment therefor being made for paving the main Marietta and Atlanta street in said Town of Smyrna. Thereafter until the issue of said bonds as provided by this Act, shall equal said aggregate sum of $15,000.00, an election may be held at any time designated by said Mayor and Council, to determine whether or not bonds shall be issued by said town not exceeding the estimated cost for engineering, surveying, grading, installation of manholes, catch basins, culverts, bridges, draining pipes, paving, repaving, or improving any street intersection and any other cost incident to street improvement not chargeable against the abutter or street car company, required to make the improvement, or improvements for which petitions have been made and granted by the adoption of an ordinance authorizing the improvement petitioned for and the lapse of fifteen days thereafter in which no legal proceeding have been begun, or if begun are no longer pending, to prevent the assessment therefor being made for paving not less than one thousand square yards of any street, avenue, alley or other public place in said town. Said bonds shall be designated Street Improvement Bonds of the Town of Smyrna, and shall be in the sum of $1,000.00 each, and numbered one to fifteen, consecutively, and draw interest at the rate of five per cent. per annum, payable semi-annually, on such dates as the Mayor and Council may fix, and be

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for the term of thirty years. Said bonds when so issued shall be sold by the Mayor and Council in such a way as may be most advantageous for said city for not less than par, and the proceeds thereof shall be used for the purpose of engineering, surveying, grading, installation of manholes, catch basins, culverts, bridges, draining pipes, and any other cost incident to street improvement not chargeable to the abutter or street car company, upon any street, avenue or alley, or other public place, in said town, and for the purpose of paving, repaving or improving any street intersection in said town, and for no other purpose. Authority to issue. Bonds described. Sales. Sec. 3. Be it further enacted by the authority aforesaid, That the Mayor and Council of said Town of Smyrna shall be and they are hereby authorized and empowered to annually assess, levy, and collect a tax on all property, both real and personal, in the corporate limits of said town, in such sum as they deem right and proper, necessary for the specific purpose of paying the interest on said bonds and also to create a sinking fund sufficient to redeem and pay off said bonds at maturity thereof; and the tax so assessed, levied and collected shall be kept separate and distinct from all other taxes and moneys belonging to said town and shall be used only for the payment of the interest on siad bonds as it may accrue and for the creation and accumulation of a sinking fund for the payment of the principal of the same. Tax for interest and sinkingfund. Sec. 4. Be it further enacted by the authority aforesaid, That if the first election under this Act herein provided for shall be against the issuance of said bonds, then the Mayor and Council of said town may, at any time after the expiration one year from the date of said first election, order another election under the provisions of this Act, and may so continue until the issuance of said bonds is authorized by the legal voters of said town in the manner by law. In the event that the first election under this Act shall be in favor of said bonds, then

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should any subsequent election be against the issuance of said bonds said Mayor and Council may, at any time after the expiration of one year from the date of any subsequent election which resulted against the issuance of any bonds, order another election under the provisions of this Act and may so continue until the issuance of said bonds is authorized by the legal voters of said town in the manner provided by law. Further elections. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved July 31, 1920. SMYRNA PUBLIC IMPROVEMENTS; TAX. No. 435. An Act to amend an Act amending the charter of the Town of Smyrna, in Cobb County, which Act was approved August 21, 1911, and to amend the charter of said town, so as to authorize the Mayor and Council to improve the sidewalks, streets, avenues, public alleys, other public places, or any portion thereof in said town, by paving, repaving, curbing, recurbing, guttering, reguttering, draining, and redraining 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 improvements; 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

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pipes, shall be assessed against the abutting property owner thereof, but shall be paid out of the general fund of said town or any special fund for street improvements; to provide for notice by advertisement pending the consideration of any ordinance for any 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 a method for such owners or company to contest the amount of such cost by affidavit of illegality to the execution issued therefor, and 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 the date of the ordinance authorizing such improvement, by giving notes for such deferred payments payable to said Mayor and Council; to provide

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for the transfer of any execution issued for any assessment by the marshal of said town and for the redemption of property sold under said execution; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the charter of the Town of Smryna, which was approved August 21, 1911, be and the same is hereby amended, so as to authorize and empower the Mayor and Council of said town to improve any sidewalk, street, avenue, public alley, other public places or any portion thereof in said town, 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, any street car company, corporation or person owning, operating or controlling a street car thereon. Act of 1911 amended. Authority to improve streets, etc. Sec. 2. Be it further enacted by the authority aforesaid, That the cost of 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. Assessment of cost. 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, or improved, except that where a street car company or other company, person or corporation has tracks on said street, avenue or public alley, or 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,

Page 1502

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 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. Apportioned against property and street-railroad. Sec. 4. Be it further enacted by the authority aforesaid that the assessment each abutting owner under the provisions of this Act shall be pro rata and determined by the frontage of such owner upon the sidewalks, streets, avenue, alley or public place, paved, repaved, improved or reimproved. Pro rata by frontage. Sec. 5. Be it further enacted by the authority aforesaid, That said town is empowered to install and construct in or 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 town 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 town out of its treasury and no part of such cost shall be included in the assessment provided for in 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 town. Cost of manholes, basins, etc. 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 the Mayor and Council shall have

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first been petitioned in writing to pave, repave, or otherwise improve the same by a majority 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 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. Ordinance for paving, 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 interest of owners' undivided interest 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,

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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 matters as shall be necessary to enable the preparation of the proper plans and specifications of the improvement proposed to be made; and pending the consideration of such ordinance an advertisement shal be posted in three public places in said town 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. A copy of said advertisement shall be mailed to each person, company or corporation whose postoffice 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 to 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

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with plans and specifications as prepared. When completed, an ordinance shall be passed assessing the cost of said improvement as provided for 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. Ordinance and advertisement. Objections. Presumption of acceptance. Assessing ordinance. Sec. 9. Be it further enacted by the authority aforesaid, That after the adoption of this 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 town to each abutting owner, person, company or corporation subject to the assessment, 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 that any person, firm or corporation so notified shall have the right to pay the assessments so levied in five installments to be paid as follows: Twenty per cent. (20%) within thirty days after the receipt of said notice, and the remaining eighty per cent. (80%) in four annual installments of twenty per cent. (20%) each, such deferred payments to be evidenced by promissory notes bearing interest from date until paid at the rate of seven per cent. (7%) per annum, payable annually, and to said Mayor and Council, or order. The benefit of the payment by installments 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. Notice to owners of property. Payment of assessments. 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 maturity

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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 or agent of such company or corporation residing within the limits of said town, and where such owner or agent is a non-resident of said town, it will be sufficient service that said notice or statement be mailed to said property owner or agent at the last postoffice address of said owner or agent known to said clerk; in 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. 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 town, his, her or its assessment, as required by this Act, at the expiration of thirty days after 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 bearing test in the name of the Mayor of said town, and specifying the improvement for which it was issued against the owner, and also the property of such owner abutting on 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. (7%) per annum from the date from which it is issued, said execution when issued shall be delivered to the marshal of said town, 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 town shall apply as to the levy, notice, advertisement

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and sale made under said execution and said marshal shall have the authority to execute deeds when the property is sold, and deliver immediate possession thereof to the purchaser. Execution. Lien. 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 a street, public alley or other public place in said town, 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 the 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 town 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 right as in cases of sale or transfers under other executions issued by said town. Transfer of executions. Sec. 13. Be it further enacted by the authority aforesaid, That any defendant in such execution or owner of property against which the same is issued shall have the right to file an affidavit of illegality, upon the ground that the same was issued or is proceeding illegally as provided by statute in cases of other executions, stating that the amount, if any, is admitted to be due (which amount so admitted to be paid before 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

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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 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 to appeal to the Supreme Court as in cases of illegality originating from executions issued by the Superior Courts of this State. Affidavit of illegality. Sec. 14. This act is intended to provide complete method for improving streets in the town of Smyrna, 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. Complete method hereunder. Sec. 15. The Mayor and Council of the Town of Smyrna shall have authority to pass such ordinances, and do such other acts as may be necessary to give full force and effective operation of the provision of this amendment. Authority conferred. Sec. 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 26, 1920. SOCIAL CIRCLE; SALARIES OF MAYOR AND CLERK. No. 512. An Act to amend Section 28 of an Act to incorporate the City of Social Circle in the County of Walton, define the limits, to provide for Mayor and Council and other officers, and the manner of their election;

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to provide for the government of said City of Social Circle and for other purpose therein named, approved August 4, 1904, said amendment providing that the salary of the Mayor of the City of Social Circle shall be fixed at the last meeting of the Mayor and Council for the next official year at a sum of not less than One Hundred Dollars and not more than Five Hundred Dollars and that said Mayor and Council may pay their Clerk of Council and Treasurer any amount not to exceed Two Hundred and Fifty Dollars per year each for their services. 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 Twenty-eight (28) of an Act to incorporate the City of Social Circle, in the County of Walton, define its limits, to provide for Mayor and Council and other officers and the manner of their election; to provide for the government of said City of Social Circle and for other purpose therein named, approved August 4, 1904, be amended by striking the words Two Hundred Dollars from the fourth line in said section and inserting in lieu thereof the words Five Hundred Dollars, and striking the words Fifty Dollars from the sixth line of said section, and inserting in lieu thereof the words Two Hundred and Fifty Dollars, so that Section Twenty-eight (28) of said Act when so amended, will read as follws: Act of 1904 amended. Section 28. Be it further enacted, That the salary of the Mayor shall be fixed at the last meeting of the Mayor and Council for the next official year at a sum of not less than One Hundred Dollars and not more than Five Hundred Dollars. That the Mayor and Council may pay their Clerk of Council and Treasurer any amount not to exceed Two Hundred and Fifty Dollars per year each for their services. To be read. Salaries increased.

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Be it further amended by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1920. SOPERTON CHARTER REPEALED. No. 648. An Act to repeal an Act approved December 17, 1902, incorporating the Town of Soperton, and to grant a new charter to the Town of Soperton, and the several Acts amendatory thereof, and constituting the present charter of the Town of Soperton, in originally Montgomery, now in Treutlen County, Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the Act approved December 17, 1902, incorporating the Town of Soperton, and granting a new charter to said Town of Soperton, and the Acts amendatory thereof, and all other Acts constituting the present charter of the Town of Soperton, in originally Montgomery, now Treutlen County, be, and the same are, hereby repealed. Act of 1892 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That this Act shall become operative when a bill entitled An Act to incorporate the City of Soperton, etc., shall have been approved by the Governor of the State of Georgia. When effective. Sec. 3. Be it further enacted by the authority aforesaid, That all other Acts in conflict with this Act be and the same are hereby repealed. Approved August 16, 1920.

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SOPERTON, CITY OF, INCORPORATED. No. 746. An Act to incorporate the City of Soperton; to provide that all valid contracts heretofore entered into by the Town of Soperton, or the Mayor and Council of the Town of Soperton, shall be good and valid for or against the City of Soperton; to provide that all property now held and owned by the Town of Soperton, or the Mayor and Council of Soperton, shall be and become the right and property of the City of Soperton, and that all rights and liabilities of the Town of Soperton, or the Mayor and Council of Soperton, shall accrue to and against the City of Soperton; to provide that all ordinances of the Town of Soperton, or the Mayor and Council of Soperton, not in conflict with this charter shall be valid and enforcible as ordinances of the City of Soperton; to define the limits of the City of Soperton; to provide for a Mayor and Councilmen and other officers of said city, and to prescribe their powers and duties and the manner of their election; to provide for streets and sidewalks, and the working or paving of the same; to provide for a system of sanitary sewerage; to provide for a system of waterworks and electric lighting system; to declare and define the police powers of said city, and to provide for all matters of municipal concern and cognizance; to provide for taxation or granting of licenses to all kinds of business, trades and professions, and to grant a charter to said city under the corporate name of the City of Soperton, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act, the inhabitants of the territory now embraced in, and known and heretofore incorporated as the Town of Soperton, in originally Montgomery, but now Treutlen County, by

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an Act of the General Assembly of Georgia, approved December 17, 1902, and any amendatory or subsequent Acts, and embraced at present in the following boundaries: Beginning at the Macon, Dublin and Savannah R. R. Company's depot in said town and extending threequarters of a mile from said depot in every direction, or the boundaries as defined by said Act incorporating said Town of Soperton, or any Acts amendatory thereof, be and they are hereby incorporated under the name and style of the City of Soperton, and the City of Soperton is hereby chartered and made a city under said corporate name, and by that name is established, and by that name shall have perpetual succession, and are hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments now belonging and in anywise appertaining to said Town of Soperton, or the Mayor and Council of Soperton as heretofore incorporated, shall be and are hereby vested in the City of Soperton, as created by this Act, and the said City of Soperton, in Treutlen County, Georgia, created, established and declared by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make, enact through its Mayor and Council such ordinances, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said city as Mayor and Council deem best and not inconsistent with the laws of Georgia and the United States, and the said City of Soperton shall be capable in law to purchase, hold, enjoy, receive, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments or any kind whatever within or without the corporate limits of city for corporate purposes; and to sell, alien, exchange or lease the same or any part thereof; the said City of Soperton, created by this Act, is hereby made responsible as a body

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corporate for the legal debts and liabilities and undertakings of whatever kind or nature, of said Town of Soperton or the Mayor and Council of Soperton heretofore incorporated; and all ordinances now in force in the Town of Soperton and enacted by the municipal authorities of the Town of Soperton or by the Mayor and Council of Soperton, and not repugnant to this charter or the laws of Georgia, shall be, and are hereby continued in force in said City of Soperton, incorporated by this Act, and the present Mayor and Councilmen of the Town of Soperton shall continue in office as the Mayor and Councilmen of the City of Soperton, incorporated under this Act, until their present terms expire, or their successors are elected and qualified, and all other officers of the Town of Soperton shall continue in office in the City of Soperton until their present terms expire or their successors are elected and qualified. Corporate name. General powers. Sec. 2. Be it further enacted, That the starting point from which the boundaries of said city shall be measured is beginning at the Macon, Dublin and Savannah Railroad Company's depot. Territorial limits. Sec. 3. Be it further enacted, That the boundaries of said city shall be as follows: Beginning at said starting point and extending three-quarters of a mile in every direction. Sec. 4. Be it further enacted, That the municipal government of said city shall consist of a Mayor and five Councilmen, a clerk and treasurer, both of which last named offices may be filled by the same person of by different persons; and whether the said offices be filled by the same person of by different persons, there shall be a bond given of such sum as may be prescribed by Council for each of said offices, payable to the City of Soperton; all of whom except the clerk and treasurer shall be elected on the day fixed by ordinance. All of which officers shall hold their office for a term of one year, and until their successors are elected and qualified; each of whom shall

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take an appropriate oath provided by ordinance before entering upon the duties of their respective offices, which may be administered by any person authorized to administer oaths under the laws of this State; that the Council may elect or appoint such other subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter or any ordinance passed by said Council in pursuance of the rights and powers herein conferred, or which are already in existence, all of which subordinate officers as may be thus appointed or elected shall be deemed and held to be lawful officers of this State and City of Soperton. All such subordinate officers shall hold their offices at the will of Council, and receive such salary as may be fixed by the Council, each of whom shall take an appropriate oath before entering upon the discharge of their respective duties and shall give such bond as the Council may require. Government; mayor and council. Term of office. Oath. Subordinate officers. Sec. 5. Be it further enacted, That there shall be elected on the third Wednesday in December, 1920, and annually thereafter, a Mayor and five Councilmen to serve one year, or until their successors are elected and qualified; said election to be held under the laws of the State applicable, and under such further rules and regulations as may be by ordinance adopted; the date of holding such election may be changed by ordinance, provided such change does not effect to lengthen the term of office of the officers of said City of Soperton at the time the change is made; the day of election may be changed, but the term of office of all officers of said town shall be for one year from their election, and until their successors are elected and qualified, except in case of election to fill a vacancy, in which case it shall be until the next regular election. Election annually. Vacancy. Sec. 6. Be it further enacted, That at the first meeting of the Councilmen, after their election and qualification, they shall elect one of their number as Mayor

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pro tem., who shall be the presiding officer of said City Council at all deliberations, and he shall be allowed a vote on all questions, whether there be a tie or not, and who shall also, in the absence of or disqualification of the Mayor, exercise all the functions of the office of the Mayor in all and every particular whatever; and all duties, powers, rights, and privileges conferred by this charter on the Mayor of said City of Soperton, may, and shall be exercised by the Mayor pro tem. in the absence or disqualification of the Mayor, without being especially conferred on the Mayor pro tem. by this charter; that the Council, including the Mayor pro tem., shall constitute the legislative body of said city; any three of whom shall constitute a quorum for the transaction of any and all business but no ordinance shall be declared passed and become the law of the said city unless it receives at least three votes in favor of its passage. Mayor pro tem. Powers. Quorum of council. Sec. 7. Be it further enacted, That the legislative body of said city shall provide by ordinance the manner of holding elections, as well as to fix the qualifications of voters, and the eligibility of citizens to hold office in said city; provided such ordinances be not inconsistent with the Constitution and laws of this State or the United States. Elections and voters. Sec. 8. Be it further enacted, That if any vacancy should occur in any of the offices provided for in this charter, the Council or a majority of them, shall order an election to fill such vacancy, and the person or persons so elected shall hold their offices until the next regular election thereafter and until their successors are elected and qualified. Removal beyond the limits of said ciay, or conviction of a crime involving moral turpitude, in any of the courts of said State, shall vacate the office of the person so removing or convicted. Vacancy in office. Sec. 9. Be it further enacted, That the Mayor, in his absence the Mayor Pro Tem, and in the absence of both, any one or more members of the Council, may hold

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Mayor's Court for the purpose of trying offenders against the laws and ordinances of said city, and may exercise all the powers conferred by this charter upon the Mayor and may punish for a violation of a law or ordinance of said city, by a fine not exceeding one hundred dollars, imprisonment in the city jail, or the County jail, by permission of the county authorities, not exceeding sixty days, work on the streets or other public works under the supervision of the Chief of Police, marshals, or convict warden of said city, not exceeding sixty days, one or more or all of these, at the discretion of the trial court, while sitting as a court for the trial of offenders the said court shall have the power to punish for contempt by fine not exceeding fifty dollars, imprisonment or work in the manner already described in this section, not exceeding fifty days, one or more or all of these in the discretion of the trial court. There may be an appeal in any case from the Mayor's Court to Council the judgment therein may be reviewed by certiorari to the Superior Court of Treutlen. Mayor's court. Trial and punishment. Appeal. Sec. 10. Be it further enacted, That the Mayor of said city shall be ex-officio a Justice of the Peace, as far as to authorize him to administer oaths, attest deeds, mortgages, or any other instrument or paper which a Justice of the Peace is authorized to attest, to issue warrants for any offenses committed within the corporate limits of said city against any law or ordinance of said city or of this State, and when the offense is against laws of the State, the Mayor may hear evidence and commit to jail or take bond for appearance before the State Court having jurisdiction of the offense, the same as a Justice of the Peace could do; if the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the accused before the Mayor's Court for trial, and none other, and the same shall be disposed of as other cases of arrest not made under warrant. All warrants issued by the Mayor or those acting in his stead, shall be directed To the

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Chief of Police of Soperton or any marshal thereof, and to all and singular the sheriffs, deputy sheriffs and constables of this State, and any one of said officers shall have the same authority to execute said warrants as the sheriffs have to execute criminal warrants. Mayor empowered as justice of the peace. Warrants. Sec. 11. Be it further enacted, That the Mayor, or those holding Mayor's Court in his stead, shall have power and authority to subp[UNK]na witnesses to attend the Mayor's Court under the same rules and regulations that govern the Superior Courts of this State, and to compel their attendance, and to punish any witness who has been subp[UNK]n[UNK]d and failed to attend, under the provisions for contempts already provided for in this charter. Witnesses. Sec. 12. Be it further enacted, That the authorities of said city shall have power and authority to condemn and appropriate as hereinafter provided, private property, for public use; to lay off and open new streets, alleys, lanes or other ways for the convenience of the public or any citizens of said city; to vacate, alter, widen, curb, pave and keep in good order and repair, all streets, avenues, alleys, lanes, sidewalks or other ways, drains, sewers and gutters for public or private use; to improve and light the streets, public parks and grounds; to furnish water and lights for private use, electric current for private use, and to charge for furnishing such water, lights or electric current; to keep all public grounds, streets, sidewalks, avenues, alleys, lanes or other ways free from obstruction of any kind; to regulate the width of cross walks and sidewalks on the streets; to grade and change the grade of any and all streets, sidewalks, cross walks, avenues, alleys, lanes or other ways without any liability for damage therefor; to require adjacent land owners to curb, pave and improve sidewalks at their own expense under direction of the authorities of said city, and upon a failure of the landowners to do so, the authorities of said city may have such work done and collect

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the costs thereof from said adjacent land owners by execution as other taxes are collected. Condemnation of property; streets, etc. Sec. 13. Be it further enacted, That whenever it is desired by the authorities of said city to appropriate private property to public use, and said authorities cannot secure same from the owner or owners thereof by purchase, the title to such property may be acquired upon paying or tendering to the owner or owners thereof, or to his, her, its or their legally authorized representatives, just and legal compensation for the property desired, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner, to-wit: As is now provided by the general laws of the State on this subject. Assessment of compensation. Sec. 14. Be it further enacted, That the Council of said city shall have power and authority to regulate by ordinance the keeping of markets in said city, and to condemn in the manner prescribed by ordinance all meats, vegetables, or other articles of food whatever, which, after inspection, are found to be unfit for food, and shall have the authority to seize and destroy all such articles of food as may be condemned, and may punish any person who offers for sale any such articles of food in the city. The inspector or other officers of the city shall have the right, without warrant, to enter any place of business in said city where there is reason to suspect that such articles of food are offered for sale, and to seize and destroy, or otherwise dispose of same as may seem best to said officers. Regulation of markets; inspection of meats, etc. Sec. 15. Be it further enacted that the authorities of said city shall have power and authority to establish fire limits for said city, and to change the same from time to time, and to regulate the material and manner of building houses therein, to establish a system of building inspection, and to condemn all buildings and structures that are dangerous to the safety of any citizen, and to have the same made safe or removed at the expense

Page 1519

of the owner; and upon a failure of the owner to make them safe or remove them, the authorities of said city may have the same done, and collect the expense from the owners thereof by execution. The authorities of said city shall also have power and authority to prevent injury or annoyance to the public or individuals from anything dangerous or offensive; to prevent dogs, hogs, cattle, sheep, horses, mules, goats, asses and all other kinds of animals and fowls from going at large in said city or any prescribed territory therein; to protect divine worship; to abate anything which in the opinion of the authorities is a nuisance; to regulate the keeping and selling of dynamite, gunpowder, gasoline and all other hazardous articles of merchandise; to regulate or prohibit the operation of blacksmith shops or other businesses that endanger the property of others in said city, to regulate the running of steam engines, whether for factories, mills or any other kind of machinery propelled by steam engines; to regulate the running of any and all sorts of vehicles, however drawn or propelled, that may be used on the streets of said city, to establish quarantine and regulate the same, and to regulate the burial of the dead in said city. Fire regulations. Sec. 16. Be it further enacted, That the Council of said city, under and in accordance with the limitations provided in the Constitution of this State, and the general laws of the State applicable to municipalities, shall have the right to issue bonds of said city, and with the funds arising from the sale of any bonds thus issued, may refund any existing debt, establish and maintain a system of waterworks, a system of lights, erect public buildings or any other improvements for the use of the citizens of said city, and to issue bonds for any other purpose allowed in this charter. Bond issues. Sec. 17. Be it further enacted, That the Council of said city shall have power and authority to grant franchises to street railways, telephone companies, or any

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other companies for the erection of any other improvements in said city, and to charge therefor or grant them free of charge, as they may deem best. Franchises. Sec. 18. Be it further enacted, That the Council of said city shall have the authority to provide by ordinance the manner and method by which property owners of said city shall make return of their property for taxation and to provide a penalty for a failure to return same as provided; to appoint three citizens of said city, who are freeholders thereof, as tax assessors of said city, whose duty it shall be to place a just, fair and equitable valuation on the property within the corporate limits of said city, or that is subject to be taxed by said city regardless of its location, whether returned for taxation by the owner thereof, or not; to equalize and adjust the taxes of all owners of property in said city; the said board of assessors to give any citizen or property owner an opportunity to appear before them and make objections to the valuation placed by them upon any piece of property, and if in the judgment of said assessors, the valuation first fixed be too high, they may change the same, but in all cases the decision of the assessors after the property owner has appeared before them, or has had notice to appear before them, shall be final. Publication in any newspaper published in said city ten days before the day fixed for hearing complaints shall be deemed sufficient and legal notice under this section. Tax returns, assessments, equalization, etc. Sec. 19. Be it further enacted, That the Council of said city shall have full power and authority to levy a special tax not exceeding ten mills on each dollar, as street tax, and expend the same in opening and improving streets, sidewalks, alleys, lanes, public parks and ground; also to levy and collect a tax all and every species of property in said city subject to State and county tax; upon banking and insurance capital employed in said city; upon brokers and factors; upon each and every business, calling, trade or profession carried on in said city; upon insurance, telephone, telegraph and express

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agencies in said city; to tax all theatrical performances, shows or exhibitions for gain or profit in said city; to tax all itinerant traders and peddlers, all vendors of patent medicines, drugs, books, nostrums or devices of any kind; to tax all solicitors or canvassers selling wares or merchandise by sample at retail to consumers. All of said taxes except the tax on real or personal property, which shall be ad valorem and not exceeding the statutory or constitutional limitation shall be in the nature of a license tax, which must be paid in advance of the doing business or carrying on the trade or occupation; and the Council shall provide by ordinance for the punishment of all parties who are required to take out license who do, or attempt to do any business before taking out such license and complying fully with all the requirements of said Council made in reference thereto. Taxing powers. Sec. 20. Be it further enacted, That the Council of said city shall have power and authority to provide by ordinance when the taxes of said city shall become due, and the Mayor, or person acting in his stead, shall have power and authority to issue tax executions for all taxes that have not been paid on or by the day fixed when they shall be paid, which execution shall be directed to the chief of police, and all and singular the marshals of Soperton; and when issued shall be placed in the hands of the chief of police, or some marshal of said city, whose duty it shall be to levy the same upon any property, real or personal, within the corporate limits of said city. If the execution be for a sum less than a hundred dollars, and the property levied upon be personal property, the same may be advertised as constables sales are now advertised, by posting an advertisement in three or more places in said city, one of which shall be at the courthouse door where the Mayor holds his courts; if the execution be for a sum greater than a hundred dollars, or the levy be upon real estate, the same shall be advertised by the levying officer under the same terms and under the same regulations and in the

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same paper that the sheriff's advertisements for the County of Treutlen are made. The deed of the chief of police or marshal making the sale under executions by the city authorities shall pass the title sold to the purchaser as completely and absolutely as the deed of the defaulting taxpayer would have done; provided, however, that any person whose property has been sold for taxes shall be allowed to redeem the same by paying the purchaser at any time within one year from the date of the sale, the full amount of his bid with ten per cent. premium thereon; that the officer making the levy under executions issued by the authority of said city, shall have full power and authority to take bond for the forthcoming of personal property levied upon by them, payable to themselves, which bond may be used upon by such officer for the use of the city in any court having jurisdiction of the person and the subject-matter of such bond, and the levying officer of such executions shall receive costs for their services as follows: If the execution is less than one hundred dollars, the costs allowed constables shall be received by them; if the execution be greater than one hundred dollars, the costs allowed sheriffs shall be received by them. Taxes due. Executions. Levy and sale. Advertisement. Tax title. Redemption. Bond for delivery. Costs. Sec. 21. Be it further enacted, That should affidavit of illegality be filed to an execution issued by the authorities of said city (which may be done under same rules which prevail in State courts), or any property levied upon be claimed by a person not a party to the execution, said claim shall be interposed under the same rules, restrictions and regulations that govern claim cases in the courts of the State, and such claims and illegalities shall be returned for trial to the justice court or notary public court that is held in the City of Soperton, or the Court of Treutlen County having jurisdiction, as the case may be. Affidavits of illegality. Claims. Sec. 22. Be it further enacted, That the public officers of said City of Soperton shall have power and authority

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to enter without warrant and to inspect any place of business or other place in said city where there is reason to suspect spirituous liquors are being kept therein for unlawful purposes, and to seize and to hold such articles and articles and things as may be found therein, to be used as evidence for a violation of any ordinances of said city or laws of the State. Entry without warrant, on suspicion of liquors. Sec. 23. Be it further enacted, That the Council of said city shall have power and authority to require all persons within the corporate limits of said city, subject to road duty under the laws of this State, to work on the streets of said city, or they may fix a commutation tax, which may be paid instead. Street work or tax. Sec. 24. Be it further enacted, That there shall be a Board of Education for said city under the corporate name of the Soperton Board of Education, with rights to sue in its corporate name, and whose duty it shall be to manage, control, maintain and establish, as hereinafter provided, a public school for and in the City of Soperton. Said Board of Education to consist of three members, to be elected by the Mayor and Council of said City of Soperton, at the earliest practicable time after this Act goes into effect; at the first election one member shall be elected for a term of three years, one for a term of two years, and one for a term of one year; thereafter elections for members of said Board of Education shall be held annually at such time as the Council of said city shall have fixed, or as soon thereafter as practicable, and the members of the Board of Education elected after said first election shall be for a term of three years. All vacancies in said board shall be filled by a special election by said City Council and shall be for the unexpired term only, and the members of said board shall hold their office until their successors shall be elected and qualified. Before entering upon the discharge of their duties they shall each take and subscribe an oath to faithfully, honestly and impartially discharge the duties of

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their office. No person shall be eligible to membership in said board except such person as would be eligible to election as Councilman of said city, and no person shall be eligible to election to such membership, who, at the time of his election is Mayor or a Councilman of said city, that said Board of Education are authorized, empowered and required to make such by-laws, rules and regulations for carrying the provisions of this Act into effect, and for their government and control as to them may seem right and proper, which are not in conflict with the laws of this State. Board of education. Election. Terms of office. Vacancies. Oath. Eligibility. Sec. 25. Be it further enacted, That the officers of the Board of Education shall be a president, vice-president, secretary and treasurer, all of which officers shall be elected upon said board and then may elect such other officers as they may deem advisable. The secretary and treasurer, who shall be one person, before entering upon the discharge of his duties, shall take and subscribe to an oath to faithfully discharge the duties of his office, and shall give bond for such sum as may be fixed by the Board of Education, to faithfully account for all moneys coming into his hands as such officer, which 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 such bond in any court of this State, for any breach of such bond by the secretary and 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 money except by the written order of the board. His term of office shall be for one year and until his successor is elected and qualified. Officers of board. Secretary and treasurer. Sec. 26. Be it further enacted, That said Board of Education shall have power, and it is hereby made the duty of said board, to devise, design and adopt and establish under this Act a system of public schools, to modify same from time to time, to establish such schools as

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they may see fit for the white children and also for the colored children of said city, and which for the races shall be entirely separate and distinct from each other, and not more than one school for each race, unless said Board of Education shall at a regular meeting, order more than one, and in this have the concurrence of the Mayor and Council of the City of Soperton. School system. Sec. 27. Be it further enacted, That said Board of Education shall keep full and accurate minutes of proceedings of said board; the said board shall meet at least once a month in regular session, and which said minutes and other books shall be subject to inspection by the Mayor and Council, or any other interested citizens of said city. 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 elect and employ teachers for said schools, and if they see fit, a superintendent for 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 such action to be for the best interest of said schools, and their action in so doing shall be conclusive in all cases, and not subject to review by anybody or 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 school and provide suitable apparatus, furniture and appliances of every kind for the use of said schools, and do any and all other acts that they may deem best to promote the best educational interests of said city not in conflict with State laws. Meetings and minutes. Powers of board. Sec. 28. Be it further enacted, 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 said city. Gifts.

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Sec. 29. Be it further enacted, That said board shall, out of any funds going into their hands, provide schoolhouses by renting, leasing, purchasing or building suitable buildings, and shall properly furnish the same for school purposes. The title of all such property shall be in the City of Soperton. Schoolhouses. Sec. 30. Be it further enacted, That said Board of Education shall keep an accurate account of all money or property received by them for the use of said public schools and of all expenditures made by them. These accounts shall at all times be open to inspection of the Mayor and Council of the City of Soperton, or any citizen of said city. The members of said board shall be personally liable to the corporation of the City of Soperton for all moneys paid to said board for the use of said public schools, and by them appropriated and paid out for any other purposes. Account of moneys. Sec. 31. Be it further enacted, That said board shall annually at regular session of the Mayor and Council of said city, in July of each year, make a report to the said Mayor and Council in writing, of the condition of said schools, and shall accompany said report with a full itemized statement of all the moneys received and expended by such board, and present the vouchers therefor. This report shall contain an estimate of the amount of funds required for the proper conduct of said schools for the ensuing year, and like reports shall be furnished at any time by said board to said Mayor and Council when requested. Reports. Estimates. Sec. 32. Be it further enacted, That the terms of the officers of said board shall be fixed for one year, and they shall provide by-laws and regulations adopted by said board for the election of their officers, and no officer shall have any compensation except such as may be fixed by the Mayor and Council of said city to exceed twentyfive dollars per annum, except the secretary and treasurer, whose compensation shall be fixed by the Board of

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Education prior to his election and qualification, not to exceed, however, one hundred and fifty dollars per annum; provided, however, that said board, by unanimous vote, can pay reasonable compensation for special services which they may find necessary to secure in order to properly and legally put this system of public schools into operation and to keep it in legal and proper condition. Terms of officers. Pay of secretary, ets. Sec. 33. Be it further enacted, That the public schools herein provided for shall run for a period of not more than ten scholastic months nor less than five scholastic months in each year. School terms. Sec. 34. Be it further enacted, That all taxes to be raised by levy under this Act shall be used not only for the purposes herein mentioned, but also for establishing and maintaining said schools, and providing furniture, apparatus, that it shall be lawful, in the sound discretion and best judgment for the said Board of Education to charge and require a small incidental or matriculation fee for each pupil admitted into said schools, which amount shall in no event exceed the rate of one dollar and a half per month. Taxes. Incidental fee. Sec. 35. Be it further enacted, That all school children, between the ages of six and eighteen years who are bona fide residents of said city, with their parents or guardians, shall be entitled to the benefit of said schools and no such child or children shall be required to pay tuition for such course of study as may be prescribed by the Board of Education, except in the incidental or matriculation fee above mentioned, but the Board of Education, in their discretion, may require children living beyond the limits of said city to pay tuition for and during the school term, provided all such tuition shall become a part of the fund for the maintenance of said public school system, and must be used and accounted for as likewise for any other fee. Children entitled. Tuition of non-residents. Sec. 36. Be it further enacted, That said Board of

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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 Council at their regular meeting in July, and the Mayor and Council are hereby authorized and required to levy a special ad valorem tax, not to exceed one-half of one per centum on all property in said city subject to taxation, and when the taxes for such purpose are levied and collected, the collecting officer of said city shall pay over the same to the secretary and treasurer of said Board of Education; said taxes shall be collected as other taxes of said city, and shall not later than the first day of February be paid to the secretary and treasurer of the Board of Education, and said taxes shall not be paid out by the secretary and treasurer of said Board, except upon written order of said Board of Education under such regulations and requirements as they shall provide. School-tax levy. Sec. 37. Be it further enacted, That the Board of Education of Treutlen County, or such body as may have charge of the public schools of said county, shall not establish or open any schools within the corporate limits of said City of Soperton, nor have any authority or voice in the management of the school therein established under the provisions of this Act, by the Board of Education of the City of Soperton. County board excluded. Sec. 38. Be it further enacted, That the State School Commissioner of Georgia is hereby required to pay over to the Board of Education of the City of Soperton the pro rata of the State and county school fund to which said city is entitled, according to the number of children of school age residing within the corporate limits of the City of Soperton, as shown by the last school census. The amount thus to be paid shall be paid at such time as the teachers of the County of Treutlen are paid, and when paid, shall be expended by said board for the support

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and maintenance of said public schools of the City of Soperton; it shall be the duty of the Board of Education of the City of Soperton to have, prepare and furnish the State School Commissioner at such times as the school census for the County of Treutlen may be taken, a list or census of all children of school age residing within the limits of said City of Soperton. The Board of Education of the City of Soperton shall have authority to admit the children of non-residents upon such terms as may seem to them reasonable and just; also to admit children of public school age who reside in Treutlen County but without the corporate limits of the City of Soperton, and to make contracts with the Board of Education of the County of Treutlen for such pro rata amount as may be due by the County of Treutlen of the State and county public school funds for such children. State school fund. School census. Non-residents admissible. Sec. 39. Be it further enacted, That all assessments of taxes and all funds arising from, or collected under this Act, shall be by the corporate authorities of the City of Soperton, kept separate and distinct from all other collections and assessments of said city, and are not to be used for any purpose except as hereinbefore directed; and the Mayor and Council shall keep a separate, full and distinct itemized account, showing all monies raised, when, how and from what source and the disposition of the same, to whom, when and for what purpose paid out. Separation of taxes from other funds. Sec. 40. Be it further enacted, That the Mayor and Council of the City of Soperton shall have power, and they are hereby authorized to designate such specific taxes as they may think best in supplementing the school fund of said city, not in conflict with this charter and the laws of this State. Specific taxes for school fund. Sec. 41. Be it further enacted, That all rents for water and lights which may become due to said city shall be in the nature of a tax against the property to which or upon which same is furnished, whether the same is

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occupied by the owner or a tenant, and that after a lapse in the payment of said rent or rents for a period of sixty days, the authorities of said city shall have the power and authority to issue fi. fas. against said property and the owner thereof for said sum, which shall thereafter take the same procedure as is now provided for fi. fas. for taxes in said city; provided, however, that this law shall not apply should the said city, its agents, or employees, cut in water or lights on any property other than upon the written request of the owner thereof. Rents of water and light. Sec. 42. Be it further enacted, That the enumeration of powers contained in this Act shall not be considered restrictive, but the City of Soperton and its authorities may exercise all powers, rights and jurisdictions as they might have if such enumerations were not made in this Acts as above designated, and the Mayor and Council of said city may provide laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said city; and where under said Act rights are conferred or powers granted, but the manner of exercising them, or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act, nor the laws of this State. Powers not restricted. Sec. 43. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 17, 1920. STATESBORO SCHOOL BONDS. No. 441. An Act to amend and Act approved August 17th, 1912, creating a new charter for the City of Statesboro, and the Acts amendatory thereof, so as to authorize the Mayor and City Council of the City of Statesboro

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to issue bonds not to exceed in the aggregate $75,000.00, for the purpose of purchasing sites, erecting buildings, completing and equipping public school buildings in the said city, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act approved August 17, 1912, entitled an Act to create a new charter for the City of Statesboro, be amended by striking from the fourth line of Section 61 of said Act the figures $25,000.00 and inserting in lieu thereof the figures $75,000.00, so that Section 61, when amended, shall read af follows: Act of 1912 amended. To be read. Sec. 61. Be it further enacted, That the Mayor and Council are authorized and empowered to issue bonds of said city in the sums and at such times as they may see proper not to exceed in the aggregate of $75,000.00 of the denomination of one thousand dollars each, to become due and payable at such time or times, not exceeding thirty years from the date of the issue thereof, as said Mayor and City Council shall determine, and bear interest not to exceed six per cent. per annum. Said bonds to be sold, issued and hypothecated for the purpose of purchasing sites, erecting buildings, completing and equipping public school buildings in said city. Schoolbond issue. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 28, 1920. STOCKBRIDGE, CITY OF, INCORPORATED. No. 504. An Act to incorporate the City of Stockbridge in the County of Henry and State of Georgia, to define the corporate limits of said city; to provide for the election

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of a Mayor, recorder, Councilmen, and other city officers for the government thereof; to name such officers to serve until the first election for officers; to fix the term of office and salaries of such officers; and to define their qualification, duties and powers; to prescribe the manner in which all ordinances for the government of said city shall be enacted and to provide penalties for the violation of the same; to provide for the construction and maintenance of a system of waterworks, electric lights and sewerage; to provide and regulate fire, sanitary and public protection; to raise revenue by taxation on property, by specific taxes, license and otherwise to defray the expenses of the city government; to grant franchises to railway, electric light, gas, telephone, telegraph, waterworks and other companies, and such other franchises as may be deemed necessary, and to confirm and validate any and all franchises heretofore granted by the Town of Stockbridge; to provide for the levying of a specific tax on all railway companies, insurance companies, express companies, electric companies, telegraph companies, telephone companies, and all other companies carrying on any kind of business in said city, and also upon all individuals and firms carrying on any kind of business in said city; to provide for the appointment of assessors for the assessing of property in said city for the purposes of taxation; to provide for the laying out of streets, lanes, alleys, drives, sidewalks, parks and other public grounds, and the maintenance of the same; to provide for the prevention of idling and loitering in said city, and to provide for the punishment of the same; to provide for the regulation of the erection of buildings in said city; to provide that all property now owned or held by the Town of Stockbridge, Henry County, Georgia, shall be and become the right and property of said City of Stockbridge; that all rights and liabilities of the Town of Stockbridge in Henry County,

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Georgia, shall accrue to or against said City of Stockbridge, Henry County, Georgia, as the case may be; to provide for the enactment by the governing authorities of said City of Stockbridge, of such laws and ordinances as may be necessary for the peace, good order, health, prosperity, comfort, security and welfare of said City of Stockbridge and the inhabitants 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 inhabitants of the territory now embraced in, and known and heretofore incorporated as the Town of Stockbridge in Henry County, Georgia, by the Superior Court of Henry County, Georgia, under Sections 685, 686 and 687 of the First Volume of the Code of Georgia of 1895 and embraced at present in the following boundaries: Extending three-eighths (3-8) of a mile in every direction from a point in the center of the main track of the Southern Railroad where the same is crossed by the public road leading from McDonough, Georgia, to Atlanta, Georgia, that is from a point in the center of both the main track of the railroad known as the Southern Railroad and the track of the public road leading from McDonough to Atlanta, where they cross each other in the Town of Stockbridge in Henry County, Georgia, be and they are hereby incorporated under the name and style of the City of Stockbridge, and the City of Stockbridge is hereby chartered and made a city under said corporate name, and by that name is established, and by that name shall have perpetual succession and are hereby vested with all the powers, rights and privileges incident to municipal corporations in this State, or cities thereof; and the said City of Stockbridge may sue and be sued, contract and be contracted with, have and use a common seal, make and enact through its Mayor and Councilmen, make and enact such ordinances, rules and

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regulations for the transaction of its business and for the proper welfare and government of said city as they may deem best, not inconsistent with the laws of said State or of the United States, and the said City of Stockbridge shall be capable in law to purchase, hold, enjoy, possess and retain any estate or estates, real or personal, lands of tenements of any kind whatever within or without the corporate limits of said city for corporate purposes, and to sell, alien, or lease the same or any part thereof. Territory bounded. Corporate name. General powers. Sec. 2. Be it further enacted, That the boundaries of said city shall be and extend three-eights (3-8) of a mile in every direction from ap oint in the center of the main track of the railroad known as the Southern Railroad, and in the center of the public road running from McDonough, Georgia, to Atlanta, Georgia, where said railroad and said public road cross each other in the said Town of Stockbridge. Territorial limits. Sec. 3. Be it further enacted, That the municipal government of said city shall be vested in a Mayor and five Councilmen, and a recorder, all to be elected by the people of said city on the third Tuesday in January of each year, and they shall hold their office for one year, and until their successors are elected and qualified, and the present Mayor, Councilmen and recorder of the Town of Stockbridge, viz., W. W. Milam, Mayor; Joseph Mann, C. M. Power, Claud Mosley, H. M. Askew, and J. D. McCullough, Councilmen; and J. C. Walden, recorder, are hereby named and constitute the Mayor, Councilmen and recorder of said city, to hold their offices until the first election to be held on the third Tuesday in January 1921, and until their successors are elected and qualified. Mayor, council, and recorder designated. Sec. 4. Be it further enacted, That there shall also be a Mayor pro tem., clerk and marshal for said city, all to be elected by the Mayor and Council, who shall also fix their term of office and salary. The salary of other officers of said city, that is those whom the Mayor and

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Council shall decide are entitled to salaries, may also be fixed by the Mayor and Council. Mayor pro tem., clerk and marshal. Salaries. Sec. 5. Be it further enacted, That the Mayor and Council may provide by ordinance for the manner of holding elections for officers of said city, to fix the qualification of voters and eligibility of the citizens in said city; provided such ordinances be not inconsistent with the laws of said State or the United States. In the event of a vacancy in any of the offices of said city the Mayor and Council may fill the vacancy by an election, the person so elected to hold office until the next regular election. Elections and eligibility. Vacancy in office. Sec. 6. Be it further enacted, That the recorder, and in his absence or disqualification the Mayor, and in the absence or disqualification of both the recorder and Mayor, the Mayor pro tem. may hold recorder's court for the trial of offenders against the laws and ordinances of said city and may punish for the violation of any of the laws or ordinances of said city by fine not to exceed one hundred dollars, imprisonment in the city jail not to exceed sixty days, or to work on the streets not to exceed sixty days, one or all in the discretion of the trial court. While sitting as a court for the trial of affenders said court shall have the power to punish for contempt of court by fine not to exceed fifty dollars or imprisonment in the city jail not to exceed fifty days. Recorder's court. Power to furnish. Sec. 7. Be it further enacted, That the Mayor shall preside at all meetings of the Mayor and Council, except that in his absence or in case he should be disqualified from acting, the Mayor pro tem. shall preside, and the presiding officer shall be allowed to vote on all questions, whether there is a tie or not; that the Mayor and Council, including the Mayor pro tem., shall constitute the governing board and legislative body of said city, and three of whom shall constitute a quorum for the transaction of business, but no ordinance shall be declared passed and become the law of said city unless at least three votes are cast in its favor. Meetings of council. Mayor votes. Quorum. Ordinances.

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Sec. 8. Be it further enacted, That the Mayor of said city and the recorder of said city shall be ex-officio Justice of the Peace so far as to authorize them to issue warrants for all offenders against the laws of said State and against the laws and ordinances of said city, and to bind them over to the Superior, City or County Courts of said county all offenders under the same rules as govern Justices of the Peace in like proceeding. Ex-officio justice of the peace. Sec. 9. Be it further enacted, That the recorder, or those holding court in his stead, shall have the power and authority to subpoena witnesses and compel their attendance upon said court, and to punish any failure to obey said subpoena as for contempt of court. Witnesses. Sec. 10. Be it further enacted, That the Mayor, Councilmen, recorder, marshal, clerk, and all other officers of said city, before assuming the duties of their offices, to take an oath before some one authorized to administer oaths to well and faithfully discharge their duty as such officials. Oaths of office. Sec. 11. Be it further enacted, That it shall be the duty of the clerk to collect and keep, subject to the direction of the Mayor and Council, all money belonging to said city; to be custodian of the books and records of the city and to preserve a minute record of all the acts and doings of each meeting of the Mayor and Council; to be ex-officio clerk of the recorder's court, and to do and perform all such duties as may be required of him from time to time by the ordinances, rules, and regulations of the City Council, and shall execute a bond in such sum as may be required of him by the City Council, with good and sufficient security to be approved by the Mayor and Council. He shall keep a separate and correct list of all the separate and distinct funds received and disbursed, so at all times to show the true condition of such funds. He shall also make general and special reports in the manner and at such times as may be required of him by the Mayor and Council to do so. Clerk's duties.

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Sec. 12. Be it further enacted, That it shall be the duty of the marshal to levy and collect all executions for taxes or other money due the city, to advertise and conduct all sales of property under execution or other process, execute all deeds and conveyances usual in such cases and to perform all such other duties as may be required of him by the laws and ordinances of said city. Said marshal shall be chief of police of said city, and as such shall perform all such duties as are usually performed by policemen for the purpose of preserving order and enforcing the laws and ordinances of the city and of the State of Georgia in said city, and shall do and perform all such other duties as may be imposed on him by the ordinances of the city. He shall give bond for the faithful discharge of his duties in such sum as may be fixed by the Mayor and Council. Marshal's duties. Bond. Sec. 13. Be it further enacted, That the Mayor and Council of said city shall have the right and power in order to raise necessary revenue to properly carry on the government of said city, to build sewers, to procure water supplies, to make, open, grade, repair and keep in order the streets and bridges of said city, to light the same, to properly police the same, to pay salaries, cost and expenses of the city officers and employees, and to furnish, maintain and regulate all things needful and appertaining to the interest and protection of said city and the welfare of the citizens therein, for the suppression of crime, the maintenance of law and order, payments of the debts of the city, for educational purposes, for cemetery purposes, for caring for prisoners, and providing means and places for their detention and punishment; and for all such other purposes as will tend to add to the comfort, safety, and convenience, benefit, health and advantage of said city and the citizens thereof, and for the natural improvement of the city, as may in their best judgment be necessary, and for all other purposes in order to properly carry on the city government as herein indicated; to levy and collect a street

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tax or capitation tax on all male inhabitants of the city subject to road tax under the laws of said State, also to levy an ad valorem tax on all the property within the corporate limits of said city which is subject to State tax under the constitution and laws of said State, not to exceed one and one-half per cent., also to impose and collect such tax as they may deem necessary on all railway companies, insurance companies, express companies, electric companies, telegraph companies, telephone companies, and all other companies carrying on any kind of business in said city and upon all persons and firms engaged in any kind of business in said city, and upon all trades, business, calling, professions, sales, shows, carnivals, etc., which are the legal subject of taxation, and may enforce payment of the same by license or direct tax in such manner as they may determine to be best and most advantageous. Purposes of revenue. Taxing powers. They may also impose, assess and levy and collect taxes on capital investments in said city on stocks of corporations and shall have the right and authority to levy and impose a tax on all and every kind of property, and on incomes from any source and commissions derived from any pursuits, trades or professions, banks, express companies, insurance and other corporations and all sources of profits as are not expressly prohibited or exempt by the constitution or laws of said State. But all taxation on property shall be uniform on all of the same class of subjects. Sec. 14. Be it further enacted, That the Mayor and Council of said city shall have the power and authority to construct, maintain and operate a system of waterworks, electric lights and sewerage in said city, under such rules and regulations as they may prescribe, and to issue bonds for the payment of the same whenever the same shall be authorized by the voters of said city in the manner prescribed by the constitution and laws of said State. Waterworks, lights, and sewerage.

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Sec. 15. Be it further enacted, That the Mayor and Council shall have the right to grant franchises for the use of their streets for the erection of telegraph lines, telephone lines, electric light and power lines, car lines and all other public utilities, and all such franchises hitherto granted by the Town of Stockbridge are confirmed and made binding hereafter on said City of Stockbridge. The use of the streets for the purposes aforesaid shall be under such rules and restrictions as the Mayor and Council may prescribe. Franchises in streets. The Mayor and Council may prohibit all persons, firms, and corporations to whom they do not grant franchises from using said streets for the erection of poles, wires or encroachments of any nature. They may regulate the manner in which awnings may be erected in said city, and may prescribe a method by which they shall be kept in repair by the owner, and they may require their removal at any time in their discretion. Sec. 16. Be it further enacted, That in no case shall more than one business be conducted or carried on in the same building or at the same place without each being taxed alike. The Mayor and Council shall have the right to regulate and control the sale of fresh meats, oysters, fish, etc. They shall have the power to quarantine all suspicious diseases of an infectious or contagious nature, which might interfere with the health of said city; they shall have power also to reject any commodity of an unhealthy nature for sale within the corporate limits which might have a tendency to create or propagate disease of any kind. Business taxed alike. Regulation of meats, etc. Quarantine. Sec. 17. Be it further enacted, That the Mayor and Council shall have the power to pass ordinances and regulations for the prevention of idling and loitering within the city limits, and to provide penalties for the violation thereof. Idling and loitering. Sec. 18. Be it further enacted, That the Mayor and

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Council shall have authority to appoint assessors of all real estate and personal property within the city, not exceeding three in number, who shall be feeholders, who shall under oath, be required impartially to execute the duties of their office, and when required proceed to assess for taxation all the real estate and personal property within the limits of said city and place upon the same the fair market value thereof, and report the same to the clerk immediately upon such assessment, who shall give public notice thereof in such manner as may be prescribed by ordinance. And in case of disagreement between the taxpayer, his agent or attorney and said assessors, as to the value of any property thus assessed, there may be an appeal to the next meeting of the Mayor and Council by notice written or verbal, whose decision in the matter may be reviewed by the Superior Court of Henry County by appeal to a jury therein, if filed in writing within four days from the rendition of the judgment. The same shall be entered on the docket of the Superior Court and tried as other issues of fact. Tax assessors. Appeals. Sec. 19. Be it further enacted, That the City of Stockbridge shall own and have full and exclusive dominion over the streets, lanes, alleys, and sidewalks in said city, and shall be required to keep and maintain the same in reasonably safe and passable condition. Sanitation and fire protection. Sec. 20. Be it further enacted, That the Mayor and Council shall have the authority to provide for proper sanitation, and also protection against fire in said city, and to that end may prescribe the kind of building that may be erected in said city, and the kind of materials used in their construction and may also require all persons desiring to erect buildings in said city to procure a permit from the Mayor and Council, and may prescribe a punishment for the failure or refusal to obtain such permit before building. Sec. 21. Be it further enacted, That the Mayor and Council shall have power and authority to condemn and

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appropriate as hereinafter provided, private property for public use; to lay off and open new streets, alleys, lanes, sidewalks or other ways for the convenience of the public or any citizen of said city; to vacate, alter, widen, curb, pave and keep in good order and repair, all streets, avenues, alleys, lanes, sidewalks or other ways, drains, sewers, gutters for public use; to improve and light the streets and sidewalks; to furnish water and lights for private use, electric current for private use, and to charge for furnishing such water, lights and electric current; to keep all streets, alleys, sidewalks, and other ways free from obstructions of any kind; to grade and change the grade of any street or sidewalk. Condemnation of property. Streets. Water and lights. Sec. 22. Be it further enacted, That whenever it is desired by the authorities of said city to condemn and appropriate private property to public use, and said authorities cannot secure the same from the owner or owners thereof by purchase, the title to such property may be acquired by paying or tendering to the owners thereof, or his, her, its, or their legal representatives just and full compensation for the property desired, which compensation, when not otherwise agreed upon, shall be assessed and determined as is now provided by the general laws of said State on this subject. Compensation for property taken. Sec. 23. Be it further enacted, That all property now owned or held by the Town of Stockbridge in the County of Henry shall be and become the right and property of said City of Stockbridge; and that all rights and liabilities of the Town of Stockbridge in Henry County, Georgia, shall accrue to or against said City of Stockbridge in Henry County, Georgia, as the case may be. Title to property. Sec. 24. Be it further enacted, That the Mayor and Council of said city may enact all such laws and ordinances as may be necessary for the peace, good order, health, prosperity, comfort, security and welfare of said City of Stockbridge and the inhabitants thereof, and for other purposes. General-welfare powers.

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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 6, 1920. SUMMIT CHARTER REPEALED. No. 558. An Act to repeal An Act to incorporate the City of Summit, in the County of Emanuel and State of Georgia; to define its limits; to provide for a Mayor and Councilmen, and for other officers for said city; to prescribe their qualifications, powers and duties; to provide for the registration and qualification of voters; for the passage of all ordinances and penalties necessary for said city; to provide elections for and issuing of bonds for the erection, establishing and maintaining of school buildings, school, electric light, waterworks and sewerage systems, and for the purchase of all lands necessary therefor; to provide a revenue and tax assessors for said city, and define their powers and duties; to provide for the laying out and opening up of streets and for the condemnation of property for said purpose; to regulate the erection of houses and designate fire limits, and abate nuisances of all kinds, and to regulate the sanitary condition of said city; to grant or refuse franchises; to provide for acting in conjunction with city authorities of the City of Graymont in establishing or maintaining schools, electric lights, waterworks or sewerage systems, or for the erection of school buildings and for the purchase of land for said purpose; and to provide for all other purposes conducive to the well-being of said city. Approved August 24, 1905.

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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 some, That an Act entitled An Act to incorporate the City of Summit, in the County of Emanuel and State of Georgia; to define its limits; to provide for a Mayor and Councilmen, and for other officers for said city; to prescribe their qualifications, powers and duties; to provide for the registration and qualification of voters; for the passage of all ordinances and penalties necessary for said city; to provide elections for and issuing of bonds for the erection, establishing and maintaining school, electric light, waterworks and sewerage systems, and for the purchase of all lands necessary therefor; to provide a revenue and tax assessors for said city, and define their powers and duties; to provide for the laying out and opening up of streets and for the condemnation of property for said purpose; to regulate the erection of houses and designate fire limits and abate nuisances of all kinds, and to regulate the sanitary condition of said city; to grant or refuse franchises; to provide for acting in conjunction with city authorities of the City of Graymont in establishing or maintaining schools, electric lights, waterworks or sewerage systems, or for the erection of school buildings and for the purchase of land for said purpose; and to provide for all other purposes conducive to the well being of said city, approved August 24, 1905, and all Acts amendatory and explanatory thereof, relating to the municipal government of said city and the powers conferred thereby be, and the same are hereby repealed. Provided, however, that this Act shall not go into effect until first Monday in January, 1921. Act of 1905 repealed. Effective Jan. 1, 1921. 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 9, 1920.

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SYLVESTER CHARTER AMENDED. No. 720. An Act to amend an Act approved August 18, 1919, entitled: An Act to create a new charter for the City of Sylvester, to declare the rights, powers, privileges of said corporation, etc., so as to provide for the assessing the owners of property abutting on streets, alleys and ways of the city, a portion of the cost of paving and curbing of the streets or otherwise improving the same. To provide for appeals and arbitration of tax assessments; to provide for a permanent registration law for said city and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same, That an Act approved August 18, 1919, entitled: An Act to create a new charter for the City of Sylvester, to declare the rights, powers and privileges of said corporation, etc., be amended by adding after the word, accordingly, in Section Three (3), on the nineteenth line of sub-Section Twelve the words, unless appealed as may be provided by the Mayor and Council by ordinance, and to hereby provide that appeals may be made from the final decisions of said board of tax assessors to the Mayor and Council of said city and said Mayor and Council are hereby authorized to provide the manner of appeal by proper ordinance. Act of 1919 amended. Sec. 3. Appeals from tax assessments. Sec. 2. Be it further enacted by the authority aforesaid, That the 8th Section of said Act be amended by striking the word, fifty, on the seventeentth line of the 8th Section, and in lieu thereof insert the word, twenty, which said section after being amended shall read, Be it further enacted by the authority aforesaid, That the clerk of Council, or in case of his sickness or absence, any officer of the city, duly appointed by the Mayor and Council for that purpose, shall open at the

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clerk's office (or at such other place as may be designated by the Mayor and Council notice of such change be given by the newspaper publication) twenty 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., each and every day, Sunday excepted, for a space of fifteen days, when it shall be finally and absolutely closed at 1 o'clock, p. m., on the 15th day. Said section is further amended by adding at the end of subsection 4 of Section 8, after the word removed. All persons that may register as hereinbefore provided and otherwise qualified to vote in the City of Sylvester shall remain permanently registered and shall be entitled to vote at all elections held by the City of Sylvester or its authorities so long as he may continue to be a qualified voter in said city, provided he does not become dis-disqualified to vote for members of the General Assembly taxes required of him by the city, or in some way become disqualified to vote for members of the eneral Assembly of Worth County, in which event said elector's name shall be stricken from the list of qualified voters by the Mayor and Council, who are hereby authorized to purge said list immediately prior to each election; provided further that said list of voters shall be kept of file in the office of the clerk of Mayor and Council of said city as a permanent registration list. Ses. 8. To be read. Time for opening registration list. Permanent registration. Purging of list. Sec. 3. Be it further enacted by the authority aforesaid, That Section 19 of said Act be amended by striking the words, one half, from the twelfth line of said section, the said words coming just after the word assess and before the word of, and insert in lieu thereof the words two-thirds, and said section be and is further amended by adding after the word thereon, in the fifteenth line of said Section 19, the following: That is to say, one-third of the total cost of said improvements shall be assessed against the owners of the property abutting one side of the streets, alleys, or ways, so improved and one-third of total cost of said improvements

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shall be assessed against the owners of the property abutting on the opposite side of said streets, alleys or way, leaving only one-third of the total cost of said improvements to be paid by the City of Sylvester. Which said section after being amended shall read as follows: Sec. 19. Sec. 19. 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 property abutting on sidewalks, according to frontage owned by them thereon, and said city shall have the power and authority by ordinance to grade, pave, macadamize, curb or otherwise improve for travel or drainage, any of the streets, alleys, or ways of the city, or to regrade, repave, recurb, remacadamize or repair the pavement, curbing, grade or drainage of same, and to assess two-thirds 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, that is to say, one-third of total cost of said improvements shall be assessed against the owners of the property abutting one side of the streets, alleys, or ways so improved and one-third of total cost of said improvements shall be assessed against the owners of the property abutting on the opposite side of said street, alleys, or way, leaving only one-third of the total cost of said improvements to be paid by the City of Sylvester, and to require any railroad or street railroad company having, or which may hereafter have, tracks running through the streets, alleys, or ways of said city, so improved, to macadamize or otherwise pave or improve as the Mayor and Council may direct, the width of their tracks and two 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

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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 it is hereby empowered to enforce the payment of the assessments provided for in this section, by execution against the abutting property and against the owners of the same, which execution shall be issued and enforced by levy and sale and said property, like execution for taxes, provide 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 Section (879) Eight Hundred and Seventy-nine, et seq. of volume One (1) of the Code of Georgia of 1910, and amendments thereto; and all assessments heretofore made by said city for the purpose herein specified, by remaining unpaid, may be enforced as herein set out, provided, however, that an execution issued under the provisions of this section the defendant shall have the right to file an affidavit with the levying officers 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 admittd to be due, which amount so admitted to be due shall be paid before said affidavit shall be received, and said affidavits shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Worth County, and there tried and the issue determined, as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. One publication of the ordinance or ordinances providing the improvements mentioned in this section, in the newspaper of Worth 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

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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. Street-improvement assessments. Two thirds of cost against property abutting. Sec. 4. Be it further enacted by the authority aforesaid, That the city may require any railroad company having, or which may hereafter have, tracks running across streets, alleys or ways of said city to be paved, macadamized or otherwise improved, as the Mayor and Council may direct, to pay the cost of said paving, macadamizing or otherwise improving the right of way of said company, the entire width of said streets, alleys or ways that said track or tracks may cross, and to require said companies to repave and repair their aforesaid portions as the Mayor and Council may direct. In the event any such companies fail or refuse to comply with said requirements the city may have the same done, and the expense thereof shall be assessed against said company or companies, and enforced by execution, issued against said company or companies as is provided in Section 19 of the original Act, approved August 18, 1919, An Act to create a new charter, to declare the rights, powers and privileges of said corporation, etc. Paving of railroad right of way. Sec. 5. Be it further enacted by the authority aforesaid, That all assessments duly made by the city against all property owners by ordinance, to pave, to repave or repair sidewalqs of the city or to pave, macadamize or otherwise improve the streets, alleys or ways and all other claims that said City of Sylvester shall have against property owners of said municipality by virtue of this authority to assess property for improvements shall be a lien against said property, and after said liens have been duly issued, the clerk of the Council is hereby

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authorized to have them entered upon the general execution docket in the clerk's office of the Worth Superior Court, which shall be notice to all persons of such liens from the date of recording same. Lien of tssessment. Sec. 6. Be it further enacted by the authority aforesaid, That when any property of Worth County abuts upon any sidewalks in the City of Sylvester, said city shall have power and authority to pave, curb, remove or repair same and assess the whole cost of same against the county according to frontage and when such property abuts upon any street, alley or way that is graded, paved or otherwise improved by the City of Sylvester, said city shall have power and authority to assess against said Worth County its proportionate part, to-wit:, two-thirds of the cost of such grading, paving or improving according to frontage, and the method of collection, in case of refusal to pay, shall be by suit against the county commissioner of Worth County, in some court of competent jurisdiction. Worth County liable to assessment. Sec. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved August 16, 1920. TALMO, TOWN OF, INCORPORATED. No. 570. An Act to incorporate the Town of Talmo, in the County of Jackson, and prescribe its limits; to provide for a Mayor and Councilmen and the officers of said town, and prescribe their duties, and the manner of their election; to declare and define the police power of said town, and for other purposes. Section 1. Be it enacted by the General Assembly

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of the State of Georgia, and it is hereby enacted by the authority of the same, That the inhabitants of the territory, embraced within the limits of four-tenths of one mile in every direction from the depot of the Gainesville Midland Railway at Talmo Station, in the County of Jackson, be incorporated under the name and style of the Town of Talmo, and the Town of Talmo is hereby incorporated, and by that name and style shall have perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain for corporate purposes estate or estates, real or personal, of whatever kind or nature, within or without jurisdictional limits of said Town of Talmo, and may sell or otherwise dispose of the same for the use and benefits of said town, or as the Town Council may see fit and proper. The Mayor of said town, by direction of the Town Council, making deeds to any property sold or disposed of by the town. Territory. Corporate name. General powers. Sec. 2. The municipal authorities of said town shall consist of a Mayor and four Councilmen, who, together, shall be known as the Town Council. Three Councilmen, or the Mayor and two Councilmen, shall constitute a quorum of the Town Council. The concurrent vote of three Councilmen, or the Mayor and two Councilmen, shall be necessary for the passage of any order, resolution, ordinance or other official action of the Town Council. The Mayor may vote on any question. The Council may elect from their number a Mayor pro tem., who shall have the same authority in all matters as is given to the Mayor whenever the Mayor for any reason cannot, or will not for any reason or declines to act. Mayor and council. Quorum. Vote. Mayor pro tem Sec. 3. That W. C. Kennedy is hereby constituted Mayor of the Town of Talmo and A. J. Murphy, D. E. Murphy, J. W. A. Davis and J. H. A. Simmons, Councilmen. Said Mayor and Councilmen to hold their office until the next regular election of Mayor and Councilmen,

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as will be hereinafter provided, or until their successors are elected and qualified. Mayor and councilmen designated. Sec. 4. Beginning with the year nineteen hundred and twenty (1920), an election will be held in said town annually on the first Monday in December, at such place in said town as may be designated by the Mayor and Councilmen, and on the first Monday in December annually, a Mayor and two Councilmen shall be elected. The term of office of the Mayor shall be one year, and Councilmen two years from January first of each year. At the first election of 1920, two Councilmen shall be elected for one year and two for two years. Annual election. Terms of office. Sec. 5. All elections shall be superintended and managed by three residents, who are qualified voters of said town, and before entering on their duties as managers of said election, shall subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election, that we are qualified voters residing in the Town of Talmo, that we will make a just and true return thereof, and will not knowingly permit anyone to vote in this electionn unless we believe he is entitled to vote, according to laws of said Town of Talmo, nor will we knowingly prohibit anyone from voting who is by law entitled to vote, so help us God. Said oath shall be signed by each manager, may be administered by any officer authorized by law to administer oath, or if no such officer can be conveniently had, said managers may swear each other. Said managers must keep two lists of voters and two tally-sheets of said election. Said managers shall be appointed by the Mayor then in office, or in his absence or refusal, by the Mayor pro tem., then in office, or in the absence of both, by any Councilman then in office. Said managers of said election shall receive such compensation as may be fixed by the Town Council. Managers of elections. Oath. List of voters and tally-sheets. Sec. 6. All the polls, at the election held in and for the town shall be open from nine o'clock, a. m., until

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three o'clock, p. m., suntime, when they shall be closed and the managers of said electin shall prceed to count the ballots and consolidate the returns of said election, and certify same. They shall keep two lists of voters and two tally-sheets, and shall make certificates of returns on each tally-sheet, and shall place one list of voters and one tally-sheet together with the ballots, in an envelope or box and seal same and deposit same with the clerk of the Town Council of Talmo, Georgia. The other list of voters and tally-sheet shall be filed with the Mayor of the Town of Talmo, Georgia, by said managers for delievery and inspection by said Mayor and Town Council, who shall meet any time within five days after said election and declare the results of same, which said declaration of results of said election shall be cause to be entered of record on their book of minutes. The Mayor of the Town of Talmo, Georgia, and clerk of said Town Council, after expiration of thirty (30) days from the time of said election, may destroy said ballots and lists of voters without inspection; provided, no notice of contests be filed or pending, in which case they shall preserve same until said contest be finally determined. Polls open. Returns. Result. declared. Sec. 7. The result of any election held in and for said town may be contested in the following manner: Notice of such contest must be filed with the ordinary of Jackson County within three days after said election, setting forth all the grounds of contest and upon payment of a fee of fifteen dollars in advance to said ordinary, said ordinary shall within two days after receiving same, cause a copy of said notice to be served by the sheriff or his deputies on the contestee, if said contest is for an office, and if the result of any election in which the result is submitted is contested, then said ordinary shall cause notice to be served on the Mayor of the town and published one time in the official newspaper of the county. Said ordinary shall fix a time for the hearing of the contest, which shall not be later than ten days after notice of service has been perfected, of which

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time both parties shall have five days' notice before the hearing. The contestor shall pay the sheriff or his deputies two dollars in advance for serving notice of contest, and all contests shall be heard at the county court-house. Said ordinary is authorized to hear and determine the contest, and the losing party pay all costs, for which said ordinary is authorized to render judgment and issue executions. Contest of election. Hearing. Service fee. Costs. Sec. 8. All persons eligible to vote for members of the General Assembly, according to the laws of the State of Georgia, and who have been bona fide residents of said town five days preceding election, and who shall have paid all taxes as required by the Town of Talmo, shall be qualified voters of said town. The Mayor and Council in their discretion may prescribe by ordinance a system of registration for all elections. Voters qualified. Sec. 9. No person shall be eligible to office of Mayor or Councilmen in said town unless he is twenty-one (21) years of age, and shall have resided in said town five days immediately preceding his election and has become a bona fide resident of said town and shall be a qualified voter in municipal elections for officers of said town. Elligibility to office. Sec. 10. If a vacancy occurs in the office of Mayor, an election shall be called by the Town Council within twenty days after such vacancy, to fill such vacancy. If a vacancy occurs in the office of Councilman, the Mayor and Councilmen shall fill such vacancy; provided, however, that the person elected to fill such vacancy shall hold office only until the next regular election for Councilmen in said town. Vacancy in office. Sec. 11. That on the first day of January of each year (or the second day where the first comes on Sunday), the persons elected as Mayor and Councilmen shall qualify by taking 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

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Talmo for the ensuing term, that I will faithfully enforce the charter and ordinances of said town to the best of my skill and knowledge, without fear or favor, so help me God. It the oath cannot be taken as above specified, it shall be administered as soon as possible thereafter. Oath of office. Sec. 12. The salary of the Mayor and Councilmen shall be prescribed each year by the Mayor and Councilmen either at the beginning or close of the year. Salaries. Sec. 13. The Mayor and Council, in their discretion, shall have authority to elect a town marshal, a town clerk, who shall act as treasurer, tax receiver and tax collector; a town attorney, a town physician, a recorder, together with all other officers that the necessities of the town demand. They may prescribe the duties of the officers and fix their salaries. All such officers shall be elected for one year and until their successors shall be elected and qualified. The Mayor, or the Mayor pro tem., in his absence, may appoint such extra policemen as are necessary in case of emergencies, and such extra policemen shall receive such compensation as may be agreed upon or may be fixed by the Mayor or Council; either or all the said officers elected by said Mayor and Councilmen may be dismissed from office at any time by a majority vote of the Mayor and Council and all of them shall take oath to faithfully perform the duties of their respective offices and give such bond or security as may be required by the Mayor and Council. The said officers may be paid a salary or fees as the Mayor and Council, in their discretion, may fix, prescribe or determine. Municipal officers. Extra police. Sec. 14. Be it further enacted, That it shall be the duty of the clerk of Council to attend each meeting of the Mayor and Council, whether in regular or special session; to keep the minutes of such session; to record in the minutes all acts and doings during the deliberations of the Council; to keep and record all ordinances enacted

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by the Mayor and Council in the book of ordinances and publish the same when directed so to do; to issue all special licenses, and to collect therefor; to issue all street summonses; to receive the tax returns, collect the taxes, license and special business taxes and of all other taxes, fines and assessments made by the Mayor and Council; keep all the different funds separate; attend the meetings of the Mayor and Council, and to perform all other duties required or imposed by the Mayor and Town Council, whether by rule, resolution or otherwise. He shall be ex-officio clerk of the police court of said town. Clerk's duties. Sec. 15. The Mayor and Councilmen shall hold monthly, semi-monthly or weekly meetings as they decide upon, and the Mayor, or Mayor pro tem., may call such meetings as emegencies require. Sec. 16. The Mayor and Councilmen of the Town of Talmo shall have the power and authority to enact all such ordinances from time to time as are necessary to carry into effect the provisions of this charter; to suppress disorderly conduct; to protect life and property; to maintain the public peace; to protect the public health, which are not repugnant to the laws of the United States or of this State. Ordinances. General welfare. Sec. 17. The Mayor and Council shall have the power to pass all such ordinances, by-laws, rules and regulations as may, in their discretion, be necessary to enforce all the laws of the State of Georgia, applicable to municipal corporations, and which laws so far as are not in conflict with this Act, are made part thereof, and to provide penalties for their violation. They shall have general and exclusive judisdiction over streets, alleys, by-ways, sidewalks and public squares of the town and may provide against obstructions thereon. They may lay such gutters therein as are necessary and shall take all necessary and proper means for keeping the corporate limits of the town, or the limits of its police jurisdiction

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free from garbage and filth of all kinds. They shall have power to summarily abate nuisances whenever, in their judgment, such nuisances are injurious to health, comfort or convenience of the inhabitants of said town, either with or without complaint against such nuisances. They may regulate the running of locomotives or cars, whether they run by steam, electricity, gasoline or other power. They may provide against obstructions on the streets, alleys or sidewalks therein, and may prevent the placing thereon any grass, stones, sticks, fruits, vegetables or anything calculated to cause inconvenience to individuals, or to make such streets or sidewalks unclean or unsightly. They may make such regulations that they may deem proper, relative to the keeping, storing or sales of gun powder and explosives, inflammatory oils, chemicals or powders in said town. Streets; and sundry regulatory powers. Sec. 18. Be it further enacted, That all ordinances, orders and resolutions shall become effective as soon as adopted by the board of Councilmen and approved by the Mayor, except that when the Mayor allows more than five days to elapse after the board of Councilmen vote upon an ordinance, order or resolution, without filing his approval or disapproval in writing with the clerk of Council, the same shall, after such time, become operative as if approved by the Mayor. In the event the Mayor shall disapprove any ordinance, order or resolution he shall, at the next regular meeting of Council submit in writing his reason for such disapproval, and the Council may overrule such veto by three-fourths affirmative vote of the Councilmen. All ordinances, orders and resolutions shall be spread upon the minutes by the clerk after their adoption and in addition all ordinances shall, by said clerk, be entered upon the book of ordinances. The said Council shall have authority to have prepared and published in book or pamphlet form a code of laws, by-laws, ordinances, rules and regulations for the government of said town, the same to become effective and of force so soon as adopted and approved

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as herein provided, which code may be amended and revised by it from time to time as may be deemed proper and advisable. Ordinances effective. Veto. Code of laws, etc. Sec. 19. Be it further enacted by the authority aforesaid, That there shall be a Mayor's Court in said town for the trial of offenders against the laws and ordinances of said town, to be held by the Mayor in Council chamber or such other place as the Mayor may designate, as often as necessary. In the absence or disqualification of the Mayor, the Mayor pro tem., who shall be chosen by Councilmen from their number, shall hold said court, and in the absence or disqualification of both the Mayor and Mayor pro tem., any of the Councilmen may hold court. Said court shall have the power to preserve order and compel attendance of witnesses, punish for contempt by imprisonment not exceeding thirty days, or fine not exceeding twenty dollars, one or both; said Mayor shall have full authority upon conviction to sentence any offender to labor upon the streets or other public works in said town for a period not exceeding nineteen days, or impose a fine not exceeding one hundred dollars, or to sentence said offender to be confined and imprisoned in the guard-house or other place of confinement in said town for a period not exceeding ninety days. Either one or more of said penalties may be imposed in the discretion of the Mayor or acting Mayor. Mayor's court. Powers to punish, etc. Sec. 20. The Mayor and Council shall have the right to establish a guard-house and chaingang in said town; provided for confinement of prisoners therein; provide for their maintenance during the period of their imprisonment, and generally to provide for the control and proper governmnet of said convicts. The employees of said town, in charge of said convicts, shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. Guard-house convicts.

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Sec. 21. Any person convicted in the Mayor's Court for violation of any of the ordinances or by-laws of said town shall have the right of certiorari to the Superior Court of Jackson County; or he may have the right to appeal to Mayor and Council of said town, if the Mayor and Council shall see fit by ordinance to provide for such appeal, otherwise certiorari aforesaid shall be the only remedy. Certiorari. Appeal. Sec. 22. Be it further enacted, That the Mayor, or those holding the Mayor's Court in his stead, shall have power and authority to subpoena witnesses within and without the limits of said town, to attend the Mayor's Court under the same rules and regulations that regulate and govern the Superior Courts of this State, to compel their attendance, and to punish any witness who has been subpoenaed and failed to attend, under the penalties provided for in this charter. Witnesses. Sec. 23. Be it further enacted, That the Mayor and Town Council shall have the power and authority to remove the inmates or occupants of lewd or disorderly houses in the Town of Talmo, and that they shall have power and authority to provide bty ordinance a penalty for the use of profane, vulgar or obscene language, and to punish lewd and disorderly conduct within the limits of said town, and to pass such further and other ordinances as may be necessary or expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience and good government of and for said town. Lewd conduct, houses, etc. Sec. 24. In no case shall it be necessary for affidavit to be made or warrants to be issued to authorize arrest to be made for violation of any of the ordinances of said town. Arrests without warrants. Sec. 25. Be it further enacted, That the Mayor and Council shall have full authority to pass and enforce ordinances and regulations preventing idleness and

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loafing on the streets within the corporate limits of said town, and to prescribe penalty for the violation thereof. Idleness and loafing. Sec. 26. The Council shall have power to enact ordinances in regard to the observance of the Sabbath day, and to prohibit any and all persons from opening their places of business on that day for the purpose of trade, except in case of emergency, necessity or charity; and shall have a right to prohibit all games or any form of amusement within the limits of said town which is not consistent with the observance of the day. Sabbath observance. Sec. 27. The Mayor and Council shall have the right to establish and maintain quarantine and other regulations that, in their judgment, may be necessary to prevent the introduction and spread of any and all contagious and infectious diseases in said town. Quarantine. Sec. 28. The Council shall have power to remove from the streets, or cause to be removed from the streets, alleys, sidewalks, crossways, at the expense of the owner, any building, porch, steps, fence, or other obstruction thereon or abate or cause to be abated any nuisance in any street, sidewalk or alley, or any other nuisance in said town, to determine and declare what is a nuisance and to abate the same. Obstructions. Nuisances. Sec. 29. Be it further enacted, That should the Mayor or any member of the Town Council be guilty of malpractice in office, wilful neglect of duty, gross and wilful abuse of the powers entrusted to them, or for any reason become incompetent or unfit to fill such office, in the judgment of any three members of Council or the Mayor and two members of Council, then and in that event, they are authorized to ask for his resignation, and upon his failure to resign at once, or within five days, it shall be the duty of the four members of Council jointly, to bring a rule against such offending officer, setting up the charges against him before the judge of the Superior Court of Jackson County, who shall issue a rule nisi

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thereupon, requiring the said offending officer named therein to appear and show cause before him, at such time and place as he may therein designate, and require the same to be served upon the said officer by handing him a copy of the petition and rule nisi in person, or by leaving a copy at his most notorious place of abode, at least three days before the hearing, and the said Judge of the Superior Court is hereby granted power and authority to hear testimony and pass upon the said rule, and may, in his judgment, remove the officer therein charged, and declare the office vacant, and judgment shall be final. Malpractice in office. Removal. Sec. 30. Be it further enacted, That the Mayor and Councilmen are hereby authorized, in their discretion, to make appropriations and payments from the general funds of the town for the purpose of soliciting and entertaining conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the town may be used free for such purposes; and also to make appropriations and payments from the general fund of the town for resources so as to bring new capital and commercial and manufacturing and other enterprises into the town, and also for making contributions to any board of trade or chamber of commerce, or like body in said town, which may have for its object any of the above stated purposes; and also to make payments from the general revenues and funds of the town for the support of public hospitals, libraries, charities and other eleemosynary institutions in the town. Appropriations of money. Sec. 31. The Mayor and Council shall have the right to exercise supervision over all buildings within the corporate limits of said town and whenever in their judgment any building is dangerous to life or health of the citizens, on proper cause made in the terms of the laws of the State of Georgia, they shall have the right to condemn such building as a nuisance and call on the owner

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or tenants in possession to immediately abate the same. In the event the owner or tenant in possession refuses to abate such nuisances within a reasonable time then the said Mayor and Council may cause the same to be done and issue execution against the premises for the costs. They may also provide an ordinance for punishment for any person or persons refusing to abate such nuisances after due notice has been given such party. Buildings. Abatement of niusances. Sec. 32. The Mayor and Council shall have authority to compel owners of property or their enants to keep in good order and condition the sidewalks in front of and abutting on said property. Should any owner or tenant fail or refuse to comply with any ordinance passed in pursuance of this section, the work may be done by the town, and the expenses attending the same, collected by execution against the said property, provided, the owners of said property be given ten days' notice to make the designated improvements. Sidewalks. Liability of property owners. Sec. 33. The Mayor and Council shall have the power and authority to provide against hazard and damage by fires, prevent the placing of any inflammable material or the use of any building in such a way as to jeopardize the property of any citizen of the town by fire. The owner or person refusing to comply with the order of the Mayor and Council in such instances shall be punished for violation of ordinances enacted for fire protection. Fire regulations. Sec. 34. The marshal, or policeman of said town shall have power upon proof of the existence of any rowdy or lewd house or gambling house or houses, where any intoxicating liquors are stored or kept for illegal sale, to abate the same, and to this end the marshal of said town shall have power and authority upon any reasonable grounds of suspicion or upon the affidavit of any person that any house is used for that purpose, to enter the same and make search and may seize any property found therein, or arrest any person therein when

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such property is therein kept or stored for illegal purposes or practices, and bring said property and person before the Mayor, to be dealt with as the ordinances direct. Search and seizures in houses. Sec. 35. Be it further enacted by the authority aforesaid, That the Mayor of said Town of Talmo shall see that all laws, ordinances, resolutions and rules of said town are faithfully executed and enforced, and that all the officers of said town discharge the duties required of them. He shall have general jurisdiction of the affairs of said town and full power to superintend the same. He shall preside at all regular meetings of the Mayor and Council; call extra meetings whenever he may deem it expedient. The Mayor alone shall have authority over the marshal or marshals, whose orders they shall always obey while on duty, and he shall have full power to discharge any marshal or policeman, when in the discretion of the Mayor, there is a breach of official duty, and the public welfare demands it. Said marshal thus discharged may appeal to a full board (and for all purposes a majority of the Councilmen shall be deemed a full board), but it shall require a majority vote of said full board to reinstate said marshal. On presentation by a marshal or policeman thus discharged with a written request for hearing before a full board of Council, the Mayor shall within five days thereafter cause the said board to meet for said purpose, and due notice of the time and place of said meeting to be given to all parties interested. The Mayor shall be ex-officio Justice of the Peace within the said town, he shall, within the same, possess and exercise all the powers and duties vested by law, as a Justice of the Peace, except that he shall have no jurisdiction as in civil cases; any member of the Council then presiding in the Mayor's Court shall have like powers. Mayor's duties and powers. Discharge of marshal or policeman. Powers as J. P. Sec. 36. The marshal or any policeman of said town shall release any person arrested within the corporate

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limits of said town upon said person giving a bond to be approved by the Mayor of said town, conditioned to pay the obligee in said bond an amount fixed by marshal or Mayor of said town. In the event said person arrested does not appear before the corporate authorities of the town at the time and place specified in the bond, and from time to time until said person is tried for the offense for which he was arrested, said bond may be forfeited before the Mayor's Court of the Town of Talmo as the Mayor and Council may provide by ordinance. Appearance bonds. Forfeiture. Sec. 37. Every male person between the ages of 16 and 50 years, who has resided in said town five days, shall be liable and subject to work the streets of said town not to exceed ten days, or to pay a commutation tax not to exceed ten dollars, in each year at such time or times as the Mayor and Council may determine. Any person subject to work on the streets who shall refuse to work or pay the tax in lieu thereof, after being duly notified, shall be guilty of violating this section and may be punished by fine, being imprisoned in the guardhouse, or sentenced to work on the streets of said town three days for each day that he fails to work the streets or pay the commutation tax. Amount of imprisonment or work on the streets to be left to the discretion of the Mayor of said town. Street work or tax. Sec. 38. Be it further enacted, That the Mayor and Council of said town shall have full power and authority to license and fix and prescribe a specific or occupation tax and regulate and control by ordinances all taverns, hotels, restaurants, cafes, boarding houses, saloons for the sale of ice creams, etc., stables, feed stables, sale stables and lots, hacks, drays and other vehicles, including automobiles, vendor masters, auctioneers, itinerant traders, theaters and theatrical performances, except performances by local amateurs, oil mills, ice works, bottling works, laundries, pressing clubs, waterworks, shows, circuses and exhibitions of

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any kind, itinerant lightning rod dealers, immigrant agents, peddlers of stoves, clocks, machines or any other article of merchandise whatsoever; itinerant venders of any and all kinds of goods, wares, merchandise, and other things; pool, billiard and bagatelle, kept for public use or gain; sleight of hand performances, gift enterprises, wheel of fortune and like enterprises, every keeper of any table, stand or place for the performance of any game or play, whether played with sticks, balls, rings, dice, plates, upon fllying 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, bank 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, breads and other articles of food; keepers of skating rinks, contractors and builders, and all mechanics or artisans; barber shops, photograph galleries, jewelers, opticians, either local or itinerant; upon all non-resident persons taking or soliciting orders for any article of merchandise of any kind at retail; upon all manufacturers, ginneries, flour mills, sawmills, lumber dealers, and dealers in any kind of building material, undertakers, pawn brokers, junk and old iron and metal dealers; and upon all and every other establishment, business, profession, calling, trade or avocation not heretofore mentioned, and which under the constitution and laws of Georgia are subject to license and specific tax. The Mayor and Council of said town may demand payment of any and all license or specific taxes authorized by this Act or the laws of Georgia, in the amount fixed by ordinances, as a condition precedent to beginning or continuing in any business, trade, profession or calling in said town, for which a license is required. Should any person engage or continue in any business, trade, profession or calling for which a specific tax or license is required by said town by ordinance,

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and shall fail or refuse to pay the same on demand of the proper authority of said town, he shall be liable to prosecution in the 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 control of business occupations. Prepayment. Sec. 39. For the purpose of raising revenue to defray the ordinary current expenses incident to the proper maintenance of the town government, the said Mayor and Council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of the town and which is not exempt by the State law, not to exceed three-fourths (3-4) of one per cents., but where the said amount is not sufficient, said Mayor and Council shall have authority to levy and collect all additional tax in the mode and manner prescribed by the constitution and laws of the State of Georgia. Tax advalorem. Sec. 40. Every person holding and owning property of any kind in any capacity within the incorporate limits of the town on the first Monday in February each year after the passage of this Act shall return same for taxation, under oath, at any time from first Monday in February until the first Monday in May of each year, to the town clerk or other officer authorized to receive tax returns for said town. Tax returns. Sec. 41. The Mayor and Council shall have the power and authority to collect any debt due the town for licenses, taxes, fees, fines, forfeitures or for abating any nuisances or any other demands due the town. Said executions to be issued by the clerk of the Town Council and to bear test in the name of the Mayor against the property, person, corporation or firm owning. Such execution to be directed to the marshal, the deputy and the policemen of the Town of Talmo, 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

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shall have issued, and the same shall be sold in the following manner, to-wit: The property levied on shall be sold by the marshal or deputy at public outery under the laws of sheriffs' sales, to the highest bidder, before the door of the Council chamber, or at such other place as the Mayor may determine; notice of such place shall be stated in the advertisement of such property; if such property levied upon shall be personal property it shall be advertised by posting notices in three public and conspicuous places in said town, for ten days before date of sale; and if the property levied upon be real estate he shall advertise same once a week for four weeks in the county paper of Jackson County, before selling same. All sales as provided shall be to the highest bidder and for cash. Said marshal or his deputy making such sales shall execute titles to the purchaser, and shall have the same power to place the purchaser in possession as the sheriffs of the State have. Collections by executions. Levy and sale. Title and possession. Sec. 42. The Mayor and Council may, at their first regular meeting in each year, elect three upright, intelligent and discreet persons, who shall be citizens and qualified voters in said town, as town assessors. Said assessors may be removed from office at any time for sufficient cause, to be judged by the Mayor and Council. It shall be the duty of said assessors to assess the value of all real estate in said town for the purpose of taxation by the town. Said Mayor and Council shall have the authority to provide rules for their government. The town assessors shall make returns of the assessments made by them to the Mayor and Council thirty days before time for collecting taxes. When said returns are made said assessors shall fix a time for hearing objections to their assessments and the clerk of said town shall give each owner fifteen days' notice of such meeting, stating therein the amount of such increase. If the property has been given in by an agent, notice to agent shall be sufficient. It the owner is not a resident of the town and has no known agent residing therein, then the

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Mayor and Council shall have authority to prescribe by ordinance what notice, if any, shall be given. Said Mayor and Council shall have authority to prescribe by ordinance for assessing the value of all property, both real and personal, not returned for taxation, and for double taxing all defaulters. The tax assessors shall receive such compensation as the Mayor and Council shall allow, and no more. The Mayor or Councilmen shall not be disqualified from holding the position of tax assessor. Tax assessors. Returns. Notice Sec. 43. Be it further enacted, That said Mayor and Town Council shall have power and authority to grant franchises, easements, and rights of way over, in, under and on the public streets, alleys, sidewalks, parks and other property of said town, on such terms and conditions as said Mayor and Town Council may fix. Franchises. Sec. 44. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1920. TENNILLE; ELECTION AND TERMS OF OFFICERS. No. 580. An Act to amend the charter of the City of Tennille by changing the time for the holding of general elections in said city for its Mayor and Aldermen from the second Monday in May to the first Wednesday in December, and providing that the terms of all officers so elected shall begin on the second Monday in January following such general election and that the first general election hereunder shall be held on the first Wednesday in December, 1920, 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 the same, That Section 3 of the charter of the City of Tennille, providing for the time of holding general elections in said city, said section reading as follows: That an election shall be held at the Council chamber in the City of Tennille on the 1st Saturday in May, 1907, and biennially thereafter for a Mayor and six Aldermen, to serve for two years and until their successors are elected and qualified. The polls of said election shall be opened at 10 o'clock, a. m., and close at 3 o'clock, p. m., be and the same is hereby amended, so that said section, when amended, shall read as follows: Sec. 3. That an election shall be held at the Council chamber in the City of Tennille on the first Wednesday in December, 1920, and biennially thereafter for a Mayor and six Aldermen, to serve for two years, and until their successors are elected and qualified. The terms of the officers so elected shall begin on the second Monday in January following such general election. The polls of said election shall be opened at 10 o'clock, a. m., and closed at 3 o'clock, p. m. Changes of time of holding elections. 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 10, 1920. THE ROCK CHARTER REPEALED. No. 440. An Act to repeal An Act incorporating the Town of The Rosk in the County of Upson, 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

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authority of the same, That from and after the passage of this Act that the Act of the General Assembly, approved February 22nd, 1877, to incorporate the Town of The Rock in the County of Upson; to confer certain powers upon the Town of The Rock; and to confer certain powers upon the Town Council of said town; to provide for all matters of municipal concern and cognizance and for other purposes, be, and the same is, hereby repealed. Act of 1877 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved July 26, 1920. THE ROCK, TOWN OF, INCORPORATED. No. 478. An Act to incorporate the Town of The Rock, in the County of Upson; to define its corporate limits; to provide for a Mayor and Aldermen and other officers, to prescribe their duties, powers and privileges; to provide for the enacting of all necessary ordinances and the enforcement of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Town of The Rock, in the County of Upson and said State, be and the same is hereby incorporated and made a body politic, and shall have and use a common seal; shall have perpetual succession, be capable to sue and be used, to contract and be contracted with; shall have power to purchase, lease, hold, receive, enjoy, possess and retain any estate or estates, real or personal, of whatever kind or name, within its corporate

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limits, and to sell, exchange, lease or convey the same, and to all other acts as a municipal corporation not inconsistent with the laws of the State. The corporate powers of said town shall be vested in and exercised by a Mayor and four Aldermen, under the name and style of the Town of The Rock. Corporate name. General powers. Sec. 2. Be it further enacted, That the corporate limits of said town shall extend one-half (1-2) mile in every direction from the center of the Central of Georgia Railway depot building in said town. Territorial extent. Sec. 3. Be it further enacted, That B. G. McKinney, be, and he is, hereby appointed Mayor; W. P. Stephens, C. S. Marchman, James B. Reeves and E. H. Black, be, and they are hereby appointed Aldermen of said town, to hold their offices until their successors are elected and qualified as hereinafter provided. Mayor and aldermen appointed. Sec. 4. Be it further enacted, That on the second Thursday in December, 1920, and annually thereafter, on the same Thursday mentioned an election shall be held at some public and convenient place in said town for a Mayor and four Aldermen by the qualified voters of said town, whose terms of office shall be for one (1) year, or until their successors are elected and qualified. Said election shall be opened at eight o'clock, a. m., and closed at four o'clock, p. m., to be held under the superintendence of a Justice of the Peace and two freeholders, of said town, or by three freeholders, under the forms and regulations prescribed by law for holding elections for members of the General Assembly. All persons qualified to vote for members of the General Assembly, shall be qualified to vote in all elections held in said town. Annual elections. Voters. Sec. 5. Be it further enacted, That the superintendents of said election shall duly declare the results, and shall issue certificates of election to such persons as receive the highest number of legal votes polled, who shall, on the first Monday in January following said election,

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qualify by taking and subscribing to the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving on me as Mayor or Alderman, (as the case may be), of the Town of The Rock during my continuance in office according to the best of my ability and understanding, so help me God. Certificates of election. Oath of Office Sec. 6. Be it further enacted, That the said Mayor and Aldermen shall have power to elect a marshal, clerk, treasurer, and such other officers as they may deem necessary and proper, regulating their salaries, taking their bonds, prescribing their duties and oaths and to remove them from office, or impose fines, at the discretion of said Mayor and Aldermen. The officers so elected or appointed, shall before entering upon the duties of their office, subscribe to the following oath before the said Mayor or Mayor pro tem.: I do solemnly swear that I will faithfully, to the best of my ability and understanding, discharge the duties devolving upon me as marshal, clerk, or treasurer (as the case may be) to the best of my skill and understanding, so help me God. Municipal officers. Oath. Sec. 7. Be it further enacted, That said Mayor and Aldermen shall, at their first meeting in each year, elect one of said Aldermen Mayor pro tem., who shall, in case of vacancy, absence or disqualification of the Mayor, perform and discharge all the duties and exercise all authority of the office of Mayor, upon taking the usual oath, and not otherwise. Mayor pro tem. Sec. 8. Be it further enacted, That said Mayor and Aldermen shall have power to levy and collect a tax not exceeding one-half of one per cent. on all property, both real and personal, within the corporate limits of said town, which may be enforced by execution issued by the clerk in the name of the Mayor and Aldermen and levied by the marshal. If the property levied on be personalty, the same proceedings shall be had that now governs the sales of property under tax executions at constables' sales, but if the property levied on be realty,

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the marshall shall return the levy to the sheriff of Upson County, and by said sheriff sold as the law directs him to sell under executions for State and county taxes when levied on realty. Also, to levy and collect such special taxes on trades, business, occupations, theatrical exhibitions, circuses and shows of all kinds; ten pin alleys, billiard, pool tables, itinerant traders, peddlers, auctioneers and all other trades, games or occupations subject to special taxes under the laws of the State, as they may deem proper. For the purpose of enforcing the payment for taxes above enumerated the Mayor and Aldermen may enact such ordinances and impose such penalties for a violation of the same as they may deem proper, not inconsistent with the constitution and laws of the State. Taxing powers. Sec. 9. Be it further enacted, That there shall be a lien on all the property of said citizens or inhabitants of said town, both real and personal, situated therein, for corporation taxes assessed thereon, and for all fines and penalties assessed upon the owners thereof, from the date they are assessed or imposed, which shall have priority over all liens except liens due the State and county. Lien of taxes, etc. Sec. 10. Be it further enacted, That said Mayor and Aldermen shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town, and securing and promoting the welfare, peace, prosperity and health of its inhabitants, and to prescribe the penalties for violating the same, and the Mayor or Mayor pro tem. of said town shall hold a Mayor's Court in said town at any time for the trial and punishment of persons guilty of violating ordinances, by-laws, rules and regulations, the punishment inflicted not to exceed a fine of one hundred dollars or labor on the streets or public works of said town, or confinement in the calaboose or guard-house not to exceed sixty days; said fine may

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be collected by execution to be issued against the estate both real and personal, of the offender, if any to be found. Ordinances. General welfare powers. Sec. 11. Be it further enacted, That the marshal or other police officers of said town may arrest without a warrant any person guilty of violating any ordinances, rule or regulation of said town, and the marshal or any other police officer may summon any citizen or citizens of said town to assist him in such arrest. Arrests without a warrant. Sec. 12. Be it further enacted, That said Mayor or Mayor pro tem., when any person or persons are arraigned before the Mayor's Court charged with the violation of any ordinance, regulation, or rule of said town, may, for good cause shown, continue the hearing to such other time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the time appointed for trial, or be imprisoned to await trial. If such bond be given and the accused shall fail to appear at the time fixed for trial, the bond may be forfeited by the Mayor and Aldermen, and an execution issued thereon by serving the defendand, if to be found within the corporate limits, and his securities with a rule nisi, at least five days before the time of hearing said rule nisi, and if the defendant can not be found, then by posting notices in three public places in said town five days before the hearing of said rule nisi. Appearance bonds. Forfeiture. Sec. 13. Be it further enacted, That any person convicted before the Mayor or Mayor pro tem. for the violation of any ordinance, rule or regulation, or of failure to comply therewith shall have the right of certiorari to the Superior Court of Upson County, in accordance with the laws in such cases made and provided. Certiorari. Sec. 14. Be it further enacted, That the Mayor and Aldermen shall provide for the working and repairing of the streets, sidewalks and alleys of said town, and to remove any obstruction or nuisance that may be placed

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in the same, and to that end may compel all persons resident within said town, who may be subject to road duty to work on the streets, sidewalks and alleys of said town for a space not exceeding ten days in each year, but may receive in lieu of said work a commutation fee from such persons not to exceed five dollars, and the Mayor shall have the same power to punish defaulters as provided in this charter for the punishment of persons violating the ordinances of said town. Streets and sidewalks. Work or tax. Sec. 15. Be it further enacted, That said Mayor or Mayor pro tem. when in the official discharge of his duties, may fine for contempt not to exceed fifty dollars, or labor on the streets of said town or public works of said town or confinement in the calaboose or guard-house not to exceed twenty-five days. Contempts. Sec. 16. Be it further enacted, That the Mayor of said town shall be the chief executive officer of the Town of The Rock. He shall see that all laws, ordinances, resolutions and rules of said town are faithfully, fully, and impartially executed and enforced, and that all the officers, employees and agents of said town faithfully and impartially discharge the duties required of them. Mayor's duties and powers. Sec. 17. Be it further enacted, That the Mayor or Mayor pro tem. and two Aldermen, shall constitute a quorum for the transaction of business, and a majority of the votes cast shall determine questions before them; provided that the Mayor or Mayor pro tem., if he be presiding in the place of the Mayor, shall vote only in the case of a tie vote. Quorum of council. Votes. Sec. 18. Be it further enacted, That the Mayor or Mayor pro tem., shall during his term of office be a conservator of the peace and have and exercise criminal jurisdiction of a JUstice of the Peace to examine into the facts of all cases brought before them for violating its ordinances, by-laws, regulations or rules of said town, and should it develop from the evidence that he or she is probably

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guilty of a violation of any criminal law of this State, to commit the offender or offenders to jail or bail them to appear before the next Superior Court of Upson County. Mayor as J. P. Sec. 19. Be it further enacted, That any officer of said town who shall be guilty of malpractice or abuse of the powers confided to him, shall be subject to indictment in the Superior Court of Upson County, and on conviction shall be punished as prescribed in Section 1065 of the Penal Code of Georgia. Malpractice in office. Sec. 20. Be it further enacted, That the Mayor and Aldermen shall meet once in every month for the transaction of business, and not oftener, unless in the discretion of the Mayor or Mayor pro tem. it becomes necessary to have an extra meeting, and in that event the Mayor or Mayor pro tem. may call the Aldermen together at once at the usual place of meeting. That the Mayor or Mayor pro tem. shall preside at all meetings of the Aldermen. Meetings of council. Sec. 21. Be it further enacted, That in case of a vacancy in the office of Mayor or Aldermen by death, resignation or otherwise, an election to fill such vacancy shall be ordered by said Mayor and Aldermen, to take place at such time and place as may be specified in such order and public notice of the same posted at three different places in said town for the space of ten days. Vacancy in office. Sec. 22. Be it further enacted, That the Mayor and other officers of said town shall receive such compensation and pay as the Mayor and Aldermen shall deem proper, but their compensation shall not be increased or diminished during their term of office. Compensation. Sec. 23. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1920.

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THOMASTON SCHOOL TAX. No. 383. An Act to amend the Act approved August 14th, 1915, establishing a system of a public graded school, and school of manual training and domestic science in the City of Thomaston, so as to increase the tax levy for the establishment and maintenance of said school from two and fifty hundredths per $1,000, to five dollars per $1,000. to provide for the levy and collection of said tax and for the submission of this Act for ratification to the voters of said city. Section 1. Be it enacted by the General Assembly of Georgia, That the above recited Act be, and the same is hereby amended by striking out the words two and fifty hundreds per $1,000 in Section 10 of said Act and inserting in lieu thereof the words five dollars per $1,000, so that said section when amended will read as follows: Act of 1915 amended. Sec. 10. Be it further enacted, That the State school fund shall be supplemented by an ad valorem tax levied by the City Council of the City of Thomaston as follows: `The Board of Education shall by the first of August of each year make an estimate of the amount necessary to be raised that year for additional support of the public schools in said city and place this estimate before the said City Council, and it shall be their duty when making the annual tax levy for the current expenses of the said city to levy a school tax along with other taxes upon all taxable property within the corporate limits of the City of Thomaston, and the said City Council is hereby authorized and required to levy said school tax and collect or have collected by the city officers, along with the other ad valorem taxes of said city in the same manner as the other city taxes are levied and collected; provided, however, that said City Council have no authority to levy and collect more than five dollars per

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$1,000 on all taxable property within the said city for school purposes.' To be read. School-tax rate. Sec. 2. Be it further enacted, That before this Act shall become operative it shall be submitted to the qualified voters of the City of Thomaston for which purpose the City Council shall order an election, of which thirty days' notice shall be given in any paper published in Upson County and at two or more public places in said city, which said election shall be held under the same rules and regulations as are required for Mayor and Aldermen, and the qualifications shall be the same. Those voting in said election in favor of the above proposed amendment shall have written or printed on their ballots For Amendment of Public School Law, and those opposed shall have written or printed on their ballots Against Amendment of Public School Law. The managers of said election shall make return to the City Council of said City of Thomaston, who shall open said returns and declare the result of said election at the first regular meeting thereafter, and if two-thirds of those voting in said election shall vote for said amendment then this Act shall take effect immediately, otherwise not. Should this Act fail of adoption, however, at said first or any subsequent election held for this purpose, the City Council may submit the same to another election under the same rules and regulations as are herein prescribed for the first election, to be held after the lapse of one year from an election when the same shall have previously been defeated, and, if at any subsequent election the same should be adopted by the two-thirds vote it shall then become effective. This act referred to 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 July 19, 1920.

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THOMASTON STREET IMPROVEMENTS. No. 384. An Act to amend an Act to incorporate the City of Thomaston, approved December 2, 1897, so as to increase and extend the power and authority of the City Council of said city and authorizing said City Council to grade, pave, macadamize and otherwise improve for travel and drainage the streets, sidewalks and public alleys of said city, to make contracts for the same, to assess and collect the cost on any part thereof against the abutting land owners thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act incorporating the City of Thomaston, approved December 2, 1897, be and the same is hereby amended as follows: Act of 1897 amended. All streets, alleys, sidewalks, pavements, and street crossings in the City of Thomaston shall be under the control, power and direction of the City Council of said city, and they shall have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks and pavements shall be constructed, paved or unpaved, and in case of failure or refusal of any property owner, after ten days' notice to comply with the ordinance of said city in reference to the construction, paving or repairs of the sidewalks, pavements or street crossings the Mayor and Council of said city are hereby authorized and empowered to prescribe that said owners be fined in a sum not exceeding one hundred dollars, and to collect the same by execution; they may also direct their officers, or persons in their employment, to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing

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or failing to comply with said ordinance, and said City Council is hereby empowered to issue execution for said bill of expense against said owner, and levy and collect the same, as in cases of execution for taxes. Said City Council may prescribe by ordinance or resolution the work to be done and the method of doing the same, and shall have charge of the public property, street improvements, street forces, and the performance of all other public work done within the limits of said city. Streets and sidewalks; powers. Sec. 2. Said City Council of the City of Thomaston shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage of the streets and alleys of said city, to put down curbing, cross drains, crossings and otherwise improve same. Grading, paving, etc. Sec. 3. That said City Council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side drains, cross drains, crossings and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved, the City of Thomaston to pay the other one-third of said cost. Assessments on abutting realty. Sec. 4. Said City Council of the City of Thomaston shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purpose and for the amounts above set forth as may be just and proper estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street so improved. It shall be wholly discretionary with said City Council whether said improvements shall be made or not. Equalizing of assessments, etc. Sec. 5. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the

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date of the passage of the ordinance providing for the work and making the assessment. Lien. Sec. 6. Said City of Thomaston shall have authority to enforce the collection of the amount of any assessment so made for work either upon the streets or sidewalks by execution to be issued by the city 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 marshal or chief of police of said city 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 the absolute title in the purchaser, and either said marshal or chief of police shall have full authority to eject the occupants of said property and place the purchaser thereof in possession; provided that the defendants shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due, with all costs, shall be paid and collected before the affidavit is received, and the affidavit shall be received for the balance, and the affidavit so received shall be returned to the Superior Court of Upson County, and there tried as other cases of illegality are tried. Execution. Levy and sale. Title and possession. Affidavit of illegality. Sec. 7. Said City Council shall have 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 said city; to enforce by execution the payment of the cost thereof against adjacent property owners for the proportionate amount due by them, to prescribe how the owners or agents thereof shall be served with notice by personal service or by publication. Rules as to paving, etc. Sec. 8. The City of Thomaston shall have authority to issue execution for the above described work or improvement and shall have power to transfer said executions

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in writing by its clerk, and the transferee shall have all the rights under the same as were had by the said city. Transfer of executions. Sec. 9. Said City of Thomaston shall have full power to repave and repair any sidewalk, street or alley or portion of such sidewalk, street or alley, and such after proceedings as to levying and collection of assessment thereof as in cases of original paving provided for under this Act, whenever in the judgment of said City Council such repaving or repairs are necessary. Repair and repaving. 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 July 19, 1920. THOMSON, CITY OF, INCORPORATED. No. 438. An Act to create and incorporate the City of Thomson in lieu of the Town of Thomson, and for other purposes. Section. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the City of Thomson is created and incorporated in lieu of the Town of Thomson, in McDuffie County. The territorial limits of the City of Thomson shall be identical with the present territorial limits of the Town of Thomson. All lands, tenements, streets, alleys, hereditaments, rights, powers and interest in property, real, personal and mixed, belonging to the Town of Thomson at the date of the passage of this Act shall belong to the City of Thomson on and after the passage of this Act. All legal debts, obligations, notes, bills, accounts and liabilities of whatever nature, owing by said Town of Thomson at the date of the passage

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of this Act, shall be owing by the City of Thomson on and after the passage of this Act, and all debts of whatever kind or character due or owing to the Town of Thomson at the date of the passage of this Act shall be due and owing to, and become the property of the City of Thomson on and after the passage of this Act. This Act shall not be construed as destroying and ending the powers heretofore conferred upon the Town of Thomson by the General Assembly of Georgia, but is enacted in the nature of an amendment to the present charter of Thomson and continuing the existence of said town, but changing it to a city, reserving and saving to it, in its new corporate form, all the powers, rights, privileges, duties and liabilities of said town through its charter, the amendments thereto and the acts legally done thereunder, but extending and adding the provisions of this Act to the rights, privileges, powers, duties, liabilities and limitations created by said charter of the Town of Thomson, the amendments thereto and the acts done thereunder. The ordinances of the Town of Thomson shall be ordinances of the City of Thomson and enforcible as such until repealed or changed by the City Council of Thomson. Corporate name. Territory. Succeeds town. Sec. 2. Be it further enacted, That the officers of the Town of Thomson at the time of the passage of this Act be, and the same are, hereby made officers of the City of Thomson on and after the passage of this Act, and the present charter of the Town of Thomson is hereby made the charter of the City of Thomson. Officers. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1920.

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THOMASVILLE, NEW CHARTER FOR CITY OF. No. 671. An Act to amend, consolidate and supersede the several Acts incorporating the City of Thomasville, in the County of Thomas, to create a new charter and municipal government for said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same, That the municipal government of the City of Thomasville shall consist of a Mayor and eight Aldermen or Councilmen, who shall hereby constitute a body corporate under the name and style of the City of Thomasville, and by that name shall have perpetual succession, shall have a common seal and be capable in law or equity to purchase, hold, receive, enjoy, possess and retain to them and their successors for the use of the City of Thomasville any real or personal estate of whatever kind or material in the jurisdictional limits of the City of Thomasville and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all rights and liabilities of the present corporation of the City of Thomasville in the corporate limits of the City of Thomasville, and that the corporate limits of the City of Thomasville in the County of Thomas shall extend one mile in every direction, from the courthouse in said city, except where the corporate limits of said city intersect McIntyre street of the west side, that from said point said limits shall extend south along the west side of said McIntyre street to the Thomasville and Tallahassee public road, thence along a line due east to the west line of the lot of land No. 40 in the 13th District of Thomas County, thence south along said west line of lot No. 40 to the south line of said lot No. 40., thence east along said south line of lot No. 40 to the east side of South street, thence north along the east side of South street to where said South

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street intersects the corporate limits of said City of Thomasville. Corporate name. General powers. Territorial extent. Sec. 2. Be it further enacted by the authority aforesaid, That an election shall be held in the City of Thomasville on the third Tuesday in January, 1921, and biennially thereafter for a Mayor and eight Aldermen to serve two years, and until their successors are elected and qualified. That at all city elections, the polls shall be opened at eight o'clock, a. m., and close at five o'clock, p. m., eastern time. Biennial elections. Sec. 3. Be it further enacted by the authority aforesaid, That all citizens qualified to vote for members of the House of Representatives in the General Assembly of Georgia, and who have paid all taxes imposed and demanded by the authorities of the city and who have resided six months within the jurisdictional limits shall be qualified to vote at said election. Voters qualified. Sec. 4. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the city treasurer of Thomasville to register the names of all voters that have qualified to vote under the charter of this city and under the laws of this State for municipal officers of the City of Thomasville. Registration of voters. Sec. 5. Be it further enacted by the authority aforesaid, That the said city treasurer shall provide a suitable book alphabetically arranged, in which to register said qualified voters and said treasurer shall give notice in the city paper at least thirty days preceding the election, that his books are open for the registration of all voters who are qualified to vote for municipal officers. Notice. Sec. 6. That no person shall be allowed to vote at any city election in said city, or in any party primary for the nomination of candidates, for Mayor or Aldermen of said city, who has not been duly registered according to the provisions here set forth. Any one voting

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at such election or such primary without having registered shall be guilty of a misdemeanor. Unlawful voting. Sec. 7. Be it further enacted by the authority aforesaid and the same is hereby enacted, That it shall be the duty of the city treasurer of the City of Thomasville, on the first day of October, 1920, to open a book, to be known as the permanent registration book of the voters of said city, and the voters of said city shall sign said book, upon taking an oath contained therein which shall be substantially as follows: I do swear that I am a legally registered voter of Thomas County, and that my name is upon the permanent qualification book of said county, and I do further swear that I have resided within the limits of the City of Thomasville for the six months last passed, and that I have paid all taxes legally imposed upon and required of me by the authorities of the City of Thomasville, so help me God. Permanent registration book. Oath of voter. Sec. 8. The city treasurer shall keep said permanent registration book open daily (Sunday excepted) during such reasonable hours as may be prescribed by the Mayor and Council to enable the voters of said city to register therein, and no person registering therein shall be required to again register as a qualified voter of said city, so long as he remains a resident of said city, and does not disqualify himself by the non-payment of taxes or otherwise, it being the purpose of this Act to provide a permanent system of registration for said city. Book open. One registry sufficient. Sec. 9. Whenever any general, special or primary election is to be held in said City of Thomasville, it shall be the duty of the city treasurer to close the registration books ten days before said election and turn the same over to the Mayor, who shall with the advice and consent of Council appoint a board of three registrars whose duty it shall be to make from said book a list of voters for said election, and in making said list the registrars shall exclude the names of all persons on the permanent registration book who registered less than ten days before

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said election, as well as those who have died, removed without the city limits, or have failed to pay all taxes and licenses required of them by the authorities of the City of Thomasville, or have disqualified themselves in any way as legal voters. The list of voters so made up by the board of registrars shall be certified to by them as a true and correct list of those entitled to vote in said election and shall be furnished to the managers of the election, and no person whose name does not appear on said list shall be allowed to vote in said election, unless he produces a certificate signed by the registrars that his name was omitted therefrom by accident. It shall be the duty of said board of registrars to diligently and thoroughly examine the permanent registration book for the purpose of ascertaining if any persons have registered illegally, and to this end may summons all persons as to whose right to register they entertain any doubt, either from examination of the tax books of the city, State or county, criminal records, or from any other source they may show why their names should be stricken from the registration book and list. Said summons shall be served by the chief of police or any policeman of said city. Should said examination show to the satisfaction of said board that the person summoned is not entitled to register under existing laws, his name shall be stricken from said book and list; and should he fail to appear as required they shall proceed as though he was present. Close of books. List of voters. Names excluded. Certificate. Examination, and striking of names. Sec. 10. That the Mayor shall appoint the necessary freeholders, who shall be registered voters in said city to manage said election. It shall be the duty of the managers to receive, count and verify the number of votes polled. Each of said managers before entering on his duties shall take the following oath before a Judge or Justice of the Peace: I do solemnly swear that I will faithfully and impartially conduct the election, for which I am appointed manager, and prevent

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all illegal voting to the best of my ability and power, so help me God. Managers of elections. Oath. Sec. 11. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of Mayor or Alderman who is not a registered voter of said city. That the superintendent of such election shall declare those persons receiving the highest number of votes for Mayor and Aldermen duly elected and furnish a certificate to that effect; shall return one tally sheet and list of voters to the ordinary of Thomas County; and as soon as the Mayor of the said city shall be informed of the results of said election he shall cause the persons elected as aforesaid to be notified of the fact, and the persons so elected must present themselves at the Council chamber within ten days and take and subscribe before the outgoing Mayor or any officer authorized to administer an oath, and the newly elected Mayor and each member of the Council shall take and subscribe the following oath: I swear that I will faithfully and impartially demean myself as Mayor (or Alderman as the case may be), during my continuance in office. I have not in order to influence my election to this office, directly or indirectly, promised my vote or support to any person or officer in the said government of the said City of Thomasville, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to a position in said government to be influenced by fear, favor or hope of reward, but in all things pertaining to my said office I will be governed by what in my judgment is for the public good and the best interest of said city, so help me God. Eligibility of mayor. Certificates of election. Oath of office. Sec. 12. Be it further enacted, That in case the Mayor or any member of the Council, while in office shall be guilty of wilful neglect, malpractice or abuse of power conferred to him, he shall be subjected to indictment thereof in the Superior Court of Thomas County, and on conviction shall be fined a sum not to exceed one

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hundred dollars ($100.00), which fine shall be paid to the city treasurer for use of the said city and he shall be removed from office upon conviction. Malpractice in office. Sec. 13. The Mayor shall be allowed to vote in the election of all municipal officers chosen by the Mayor and Council, but shall not vote on legislative questions and matters before the body except in case of a tie; he shall have the veto power and may veto any ordinance or resolution of the Council in which event the same shall not become a law unless subsequently passed over his veto by at least five Aldermen on a yea and nay vote, duly recorded on the minutes of Council, but unless he shall file in writing with the city clerk, his veto of any measure passed by the body with reasons which impel him to withhold his assent, within four days of its passage, the same shall become a law just as if approved and signed by the Mayor. The Mayor shall be chief executive officer of said city. He shall see that all laws, ordinances and resolutions of said city are faithfully executed; he shall have the general jurisdiction of all the affairs of the city and to him all police officers and all city employees, under the jurisdiction of the Mayor and Council shall be directly and immediately subjected. He shall have the power to punish for contempt before the Mayor and Council by any fine not exceeding twenty dollars ($20.00), or confined in prison for a period not exceeding forty-eight hours, either or both, or in alternative in the discretion of the Mayor. It shall be the duty of the Mayor to preserve the peace and he may appoint special policemen when in his judgment it amy be necessary. The Mayor and recorder of said city, in the event the office of recorder of said city is created and established as is hereafter provided for in this Act, shall be ex-officio justice of the peace so far as to enable or authorize them or either of them to issue trial warrants for criminal offenses committed within the jurisdictional limits of the City of Thomasville, and commit offenders tried before them or either of them, at a court as in the judgment

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of the presiding officer of said court may be necessary. Said Mayor or Mayor pro tem. or the recorder, shall have the power and authority to try all offenses and violations against the laws and ordinances of said city, committed within the corporate limits thereof and upon conviction, to punish offenders by a fine not exceeding one hundred dollars, by imprisonment in the city jail or guard-house for any term not exceeding ninety days, or by compulsory work not exceeding ninety days, on the streets of the City of Thomasville, or on the chaingang of said city as the presiding officer of said court may direct. Any or all of the above punishments may be inflicted in the discretion of the Mayor, or the Mayor pro tem. or the recorder, as the case may be, presiding in said court. And such presiding or trial officer shall have the authority to impose any of the above punishments in the alternative. Whenever any person is convicted and sentenced to pay a fine and to work upon the streets of said city or other public works thereof, and fails or refuses to pay said fine, the collection thereof shall be enforced by execution, levy and sale in the same way and manner as the collection of taxes are enforced in said city. Mayor's vote. Veto. Mayor's duties and powers. Ex-officio J. P. Trial and punishment of offenders. Sec. 14. Be it further enacted by the authority aforesaid, That in case of vacancy in the office of the Mayor, the Aldermen shall elect one of their own number as Mayor for the unexpired term, and in case of a vacancy in the Board of Aldermen, the remaining number shall elect a citizen of said city to fill such vacancy for the unexpired term. Vacancy in office. Sec. 15. At its first regular meeting upon organization the Board of Aldermen shall elect one of their number Mayor pro tem., and in the case of the resignation, death, removal, disability, or disqualification of the Mayor, the Mayor pro tem. so elected shall, upon taking the oath as Mayor, serve as Mayor, with all the rights, powers and duties of the Mayor in all respects. If the service of the Mayor pro tem. shall continue for as long

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as thirty days, he shall be compensated at the same rate and in the same manner that the Mayor is paid. The Mayor shall be paid a compensation for his services of six hundred dollars per annum. Mayor pro tem. Sec. 16. Be it further enacted, That the legislative body of the City of Thomasville shall consist of eight Aldermen who shall be elected at the same time, and for the same term as the Mayor. The qualifications of the Alderman shall be the same as those of the Mayor, and they shall each be paid a compensation for their services, the sum of one hundred dollars per annum. Aldermen. Sec. 17. Be it further enacted, That at its first regular meeting after qualification, or as soon thereafter as possible the Mayor and Council of the City of Thomasville shall elect a city clerk. His qualifications and term of office shall be the same as those of the Mayor; he shall take such oath of office and subscribe thereto as the Mayor and Council may prescribe, and shall give a bond for the sum of twenty-five hundred dollars, with good and sufficient security to be approved by the Mayor and Council by resolution, payable to the City of Thomasville, and for the faithful performance of his duties and the making of a just and true account of all monies and funds coming into his hands from all sources in the office of said city. He shall be the clerical officer of the Council and shall be keeper of the seal of said city, and he shall be ex-officio clerk of the Police Court of said city and attend its sessions, he shall be ex-officio tax receiver for the city; he shall also be ex-officio clerk of the Board of Tax Assessors, and of the Board of Health for said city, and he shall be ex-officio clerk or secretary for any other Board of said city created or established under the provisions of this Act or that may be created or established under the laws or ordinances of the City of Thomasville, the duty of the city clerk and clerk of the Council, as ex-officio clerk of the Police Court and ex-officio tax receiver, and as clerk or secretary of any Board for said city, shall

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be such as are prescribed in this Act, and as shall be prescribed in this Act, and as shall be prescribed under any laws or ordinances of said city and by the Mayor and Council, the said city clerk shall receive a compensation of such salary as may be fixed by the Mayor and Council payable monthly out of the general city funds and in addition thereto, such fees and commissions as may be prescribed and fixed by the laws and ordinances of said city and by the Mayor and Council. Clerk. Bond. Duties. Salary. Sec. 18. Be it further enacted, That at their first regular meeting after qualification or as soon thereafter as possible the Mayor and Council of the City of Thomasville, shall elect a City Treasurer. His qualifications and term of office shall be the same as those of the Mayor, he shall take such oath of office and be subject thereto as the Mayor and Council may prescribe. He shall give bond payable to the City of Thomasville, in the sum of twentyfive thousand dollars, with good and sufficient security to be approved by the Mayor and Council by resolution, for the faithful performance of his duty and to make a just and true accounting of all monies and funds coming into his hands from all sources as an officer of said city. It shall be the duty of the City Treasurer to receive and safely keep all monies and funds that may come into his hands from every source, to keep separate accounts of same as may be provided or required under and by the ordinances of said city. And he shall only pay out said funds in a way as may be prescribed and provided for under the laws and ordinances of said city, the City Treasurer shall also be ex-officio tax collector of the City of Thomasville, and shall at such times and under such rules and regulations, laws or ordinances as the Mayor and Council provide and enact, perform any and all further duties as City Treasurer and as city tax collector as the Mayor and Council shall by ordinance prescribe. The City Treasurer shall receive such compensation as may be fixed and prescribed by the Mayor and Council of said

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city payable monthly out of the general funds besides such fees and commissions as may be prescribed and fixed and under the laws and ordinances of said city and by the Mayor and Council. Treasurer. Oath and bond. Duties. Compensation. Sec. 19. Be it further enacted, That at its first regular meeting, the Mayor and Council shall elect a City Attorney whose term of office shall be two years, whose duty shall be such as is required by ordinances and laws of said city and by the direction of the Mayor and Council. The said City Attorney shall be paid such salary as may be fixed and prescribed by the Mayor and Council of said city payable monthly as a retainer only. He shall represent the city in all matters in which the city is interested or involved, and shall be paid for all legal services such compensation and fees as may be reasonable and just and as may be agreed upon between himself and the Mayor and Council. Whenever in the judgment of the Mayor and Council, it shall be advisable to employ additional counsel to assist the said City Attorney, authority to do so is hereby given the Mayor and Council. Attorney. Salary and fees. Other counsel. Sec. 20. The Mayor and Council shall have authority to elect a sexton for the purpose of superintending the city cemeteries his duties shall be such as shall be prescribed by the Mayor and Council and the laws and ordinances of said city. He shall receive such compensation as may be prescribed in the ordinances of said city and by the Mayor and Council. Sexton. Sec. 21. Be it further enacted, That the Mayor and Council shall have authority to elect a city physician whose duty shall be such as is required by the ordinances of said city and by the direction of the Mayor and Council and whose compensation shall be fixed by the laws and ordinances of the city and the Mayor and Council. Physician. Sec. 22. Be it further enacted, That at its first regular meeting, the Mayor and Council shall elect a chief of police and one assistant and as many additional policemen

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as in the judgment of the said Mayor and Council may seem proper and necessary. Such officers shall be elected for a term of one year; shall be paid such compensation as may be prescribed by the laws and ordinances of said city; provided further that said officers shall in addition to such salary as may be fixed and prescribed by the Mayor and Council, receive such fees and commissions as may be prescribed by the Mayor and Council. All of such officers shall take and subscribe such oaths as the Mayor and Council may prescribe and shall give bond with good and sufficient security, subject to the approval of the Mayor of said city in such amount as may be determined upon by the Mayor and Council for the faithful performance of their duties and to account for all money that may come into their hands as such officers of the said city, said officers shall perform such duties as is required and provided for in this Act and as may be prescribed and required of them by the laws and ordinances of said city, and by the Mayor and Council. Policemen. Sec. 23. Be it further enacted by the authority aforesaid, That it shall be the duty of every person owning property in said city, either in his own right or as agent of another, or in any fiduciary capacity, to make annual returns thereof, under oath, to the city clerk in such form and upon such blanks as said Mayor and Aldermen may prescribe, for taxation, and upon failure or refusal of any person to make such return, the city clerk shall make the returns for taxation of said person and the property shall be double taxed, as now prescribed by law in case of parties failing or refusing to make returns to the tax receiver in this State, said Mayor and Aldermen may relieve from such double tax if they see fit. The Mayor and Aldermen shall, as soon as practicable after the books have been closed each year, carefully examine the returns or appoint a board of tax assessors to do so in their stead as provided for in Section 29 of this Act, and correct all such as are in their judgment incorrect,

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and assess the property returned at such values as shall seem to them fair and equitable, and add to any return the full value of any property not returned; and as soon as said assessments and corrections, if any, are completed the clerk shall turn over the books for that year to the treasurer of the city, who shall proceed to collect the taxes as assessed by the Mayor and Aldermen. The treasurer shall report to the Mayor and Aldermen all taxes not collected when the books for any year have been closed, to issue execution against all persons who have failed to pay by the time fixed for issuing execution, which shall be a lien, second only to the lien for State and county taxes, on all property owned by the defaulting taxpayers. The executions shall be turned over to the chief of police of said city, who shall proceed to collect them in the same way as executions for the State are collected, and shall levy, advertise and sell property subject to executions under the law governing sheriffs in levying, advertising and selling property under executions for State and county taxes. The deed of the chief of police of said city to any property sold under any execution shall pass the title to said property to the purchaser as completely and absolutely as the deed of such defaulting taxpayer would have done; provided, however, that any person whose property has been sold for taxes be allowed to redeem the same by paying the purchaser at any time within twelve months from the date of the sale the full amount of his bid, with ten per cent. premium thereon. Tax returns. Examination and assessment. Collection of taxes. Executions. Levy and sale. Title. Redemption. Sec. 24. Be it further enacted, That the Mayor and Council of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, in what length of time said taxes shall be paid, when tax execution shall issue against defaulters, and to fix a penalty for the non-payment of taxes when due. Taxes, when due. Sec. 25. Be it further enacted by the authority aforesaid, That execution for any and all taxes or license or

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demands of any sort due the city or its corporate authorities by any person, firm or corporation or against any property subject thereto, shall be issued by the clerk of said city, signed by him, bear test in the name of the Mayor and be directed to the chief of police of said city, commanding him that of any property belonging to the defendant against whom said execution is issued, or of certain property described in the execution, they make by levy and sale the amount due on the execution with all costs. The Mayor and Council shall by ordinance, provide for the time and place of and the method of conducting and governing the sale under said execution. Executions prescribed. Sec. 26. The Mayor and Council of said city shall have the right at any time without trial to suspend or remove any of said appointed officers for breach of duty or for failure to do his duty, insubordination, incapable, or for conduct unbecoming an officer or gentleman, or for other good and sufficient causes or reasons to be judged by the Mayor and Council, the Mayor may at any time during recess of the Council, suspend any of the said appointed officers for any of the above named reasons for a period not to exceed ten days, without pay, and appoint a substitute to fill his place. Suspension of officers. Sec. 27. Be it further enacted, That the Mayor and Council of said city shall have the power to employ such additional policemen or detective force as the good government of said city may require and the compensation and duties of said force shall be fixed and determined by said Mayor and Council. Policemen and detectives. Sec. 28. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the City of Thomasville, the Mayor and Council shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property of every kind, located within said city and subject to taxation under the laws of the State of Georgia, of not exceeding eight (8) mills upon the value

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of said property, for each year for the purpose of paying the ordinary current expenses of said city, which tax shall not include taxes for school purposes, nor does the same include any tax that may be necessary in the judgment of the Mayor and Council, for the purpose of meeting the interest due on any bonded indebtedness of said city, or for providing a sinking fund for the final payment of any bonds, that has already been issued, or that may hereafter be issued. Tax and valorem. Rate. Sec. 29. Be it further enacted, That the Mayor and Council of the City of Thomasville, whenever in their judgment they see fit, create a board of tax assessors for said city, and elect three intelligent, discreet and upright persons, citizens and qualified voters of said city, and owners of real and personal estate therein, as city tax assessors whose term of office shall be one year. Said tax assessors shall at any time be removed from office by the Mayor and Council for good and sufficient cause, to be judged by the said Mayor and Council, and all vacancies occurring from any cause may be filled by the Mayor and Council at any time. It shall be the duty of said tax assessors to assess the value of real estate in said city, and it shall be their duty to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereon when in their judgment the value placed thereon is too small. The Mayor and Council shall have the authority to prescribe rules for the government of said city tax assessors. Said assessors shall make returns of the assessments made by them to the Mayor and Council each year at such time as the Mayor and Council may by ordinance direct. If any taxpayer is dissatisfied with the assessment made of his property, whether real or personal by said assessors such taxpayer shall within ten days after the assessors have made their returns to the Mayor and Council, file written notice with the clerk of Council of his dissatisfaction, and shall name in his said notice one arbitrator to represent him in fixing the

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value of his said property. Upon such notice being filed with the said clerk, it shall be his duty to notify the Mayor of the fact, and it shall be the duty of the Mayor to forthwith name an arbitrator to represent said city in fixing the value of the property in dispute, and two arbitrators so elected shall be immediately notified by the city clerk and shall forthwith select an umpire and the board of arbitrators so constituted shall immediately proceed to give their awards as to the value of such property, which award shall be returned to the city clerk, and shall be final on both the city and the taxpayer. The city assessors shall take such oaths and receive such compensation as the Mayor and Council may prescribe; they shall have the power to require any taxpayer to furnish them a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments whenever in their opinion the same is necessary for a correct assessment, and to punish for contempt as may be prescribed by ordinance for failure or refusal to do so. The Mayor and Council shall have the power and authority to pass such ordinances as are required to effectuate this section. Tax assessors. Duty. Arbitration of assessment. Sec. 30. Be it further enacted, That the said Mayor and Council shall have the power and authority to establish and put in operation a bond commission of said city. The duties, powers and compensation of said commission shall be such as may be fixed and prescribed by the ordinances and laws of said city. Said Mayor and Council shall have authority to enact all ordinances and rules and regulations, and to prescribe penalties for violations of such ordinances, rules and regulations that may be necessary for the governing of such bond commission. Bond commission. Ordinances. Sec. 31. Be it further enacted, That all trials in the police court of said city shall be had without written pleading of any kind unless the defendant shall, upon the calling of the case, file a written demand with the

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city clerk, then an accusation, in writing, shall be preferred against him in form substatially as follows: Georgia, Thomas County, City of Thomasville..... in the police court of the City of Thomasville; L..... (or policeman) of said city, in the name and behalf of the City of Thomasville, charge and accuse..... with the offense of..... contrary to the laws and ordinances of said city, the good order, peace and dignity thereof, shall be preferred against the defendant, signed by the officer making or prosecuting the case, and filed in said court, whereupon the defendant shall enter his plea thereon in writing and the issue being thus formed the case shall proceed to trial and disposition. Police court trials. Accusation. Plea. Sec. 32. Be it further enacted, That the said police court and the presiding officer thereof shall have the power to punish for contempt against its lawful authority whenever in its presence or otherwise; to issue summonses and subpoenas for witnesses and compel their attendance whether residents of the city or not; to issue subpoenas duces tecum for witnesses and the production of books and papers whether in the city or not, and compel their production; to compel the presence of the witnesses by imprisonment if necessary, and to take bonds to secure their attendance and to forfeit said bonds before police court; to punish as for contempt, failure to obey its legal summonses and orders; to grant continuances under rules of law; to take bonds and recognizances for persons charged with offenses against the laws and ordinances of said city for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; to forfeit all appearance bonds when the principal shall fail or refuse to appear at said court at the time and place specified therein, under such rules and regulations as the Mayor and

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Council of said city shall by ordinance prescribe, and the said police court shall have the power and authority to do, generally, all other acts and things necessary for the proper enforcement of its authority. Said court shall have the power and authority to punish for contempt by any fine not exceeding twenty dollars, or by imprisonment in the city jail or guard-house not exceeding ten days, either or both, in the discretion of the presiding officer of said court, provided that a continuous failure or refusal by any person to any person to obey the lawful orders or summonses of said court, such continuous failure or refusal shall be deemed a continuous contempt and the said court may imprison such person until its lawful orders are obeyed. Powers of police court. Contempts. Sec. 33. Be it further enacted, That the chief of police or any policeman of said city shall release any person arrested for a violation of the laws and ordinances of said city, upon said person giving a bond with good and sufficient security to be approved by the chief of police or any arresting officer, city clerk or recorder of said city, payable to the Mayor of said City of Thomasville, in an amount fixed by the said marshal or other arresting officer, the city clerk or the recorder of said city, payable to the Mayor of said City of Thomasville, in an amount fixed by the said marshal or other arresting officer, the city clerk or the recorder of said city for the personal appearance of such person before the police court of said city at the time and place therein specified to answer to the charges against him, and from time to time until the principal in such bond is tried and the cases disposed of and not to depart from thence except by leave of the court. And in the event such principal fails to appear before said court as stipulated in said bond, said bond shall be forfeited in said court and the presiding officer thereof shall have the power and authority to order the principal in said bond rearraigned and placed in the city jail or guard-house until such case

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shall be tried and disposed of, or to admit the defendant to bail as he may deem proper. Appearance bonds. Forfeiture. Sec. 34. Be it further enacted, That any person convicted in the police court in the City of Thomasville for the violation of any of the laws and ordinances of said city, shall have the right to certiorari to the Superior Court of Thomas County; provided, all costs are first paid to the city clerk who shall, upon payment thereof, certify in writing the same has been paid and bond and security given in double the amount of the fine imposed to personally appear, stand to and abide by the final judgment in said case, and if no fine is imposed and the defendant is sentenced to work on the street or other public works in said city, then a like bond shall be given, the amount of which to be fixed by the presiding officer of said court. All bonds given in certiorari case to be approved by the presiding officer of said court. Provided further, that nothing in this section shall prevent the defendant if he desires to certiorari his case, to file the usual affidavit in forma pauperis in lieu of giving bond and security and the payment of the cost and upon such affidavit being made or the above-stated bond given, the same shall act as a supercedas of said judgment until the final judgment is rendered in said case. All certioraris shall be governed under the same rules and regulations, except as otherwise provided herein, as provided by law for the carrying of cases by certiorari from the court of ordinary to the Superior Court. Certiorari, Cost and bond. Pauper affidavit. Sec. 35. Be it further enacted, That in no case, except as hereinafter provided, shall any policeman of said city make any arrest of any person charged with the violation of any of the laws and ordinances of said city without first having procured from the Mayor, Mayor pro tem., or the recorder of said city (each of them being hereby authorized and empowered to issue warrants for the apprehension and arrests of persons charged with violating any of the laws and ordinances of said city)

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a warrant for any arrest of such persons, unless the offense or violation is committed in the presence of such arresting officers, or the offender is attempting to escape, in which event he may arrest and detain such person until a proper warrant can be secured authorizing the offender's further detention. The chief of police and policeman of said city and the detective force being fully authorized and empowered to arrest any person within the corporate limits of the City of Thomasville charged with an offense against its laws and ordinances and to imprison and confine such persons arrested by them until the trial, or admit them to bail as provided. The policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person with a violation of any of the criminal laws of this State. The policemen are also authorized to arrest anywhere within the limits of this State any person charged with a violation of laws and ordinances of said city upon a warrant from the proper officer of said city authorized to issue the same. Arrests to be made upon warrants. issued. Arrests for violations of laws and ordinances. Sec. 36. Be it further enacted, That each policeman upon information that an offense against the city's laws and ordinances has been committed, and said violation has not been committed in his presence, and said police officer is satisfied that the person charged with such offense is not likely to leave the city to escape arrest he shall give said person a written summons to appear before the police court at its next regular meeting to answer such charge. If such person refuses to obey such summons, he shall be deemed in contempt of said police court and be punished accordingly. If said officers, or either of them, have reason to believe that the accused person will leave the city, and not obey said summons, said officer or officers shall obtain a warrant from the proper officers of said city for the arrest of said person, and imprison said person until a trial is had before the police court, or to admit the accused to bail for his appearance before the police court at its next regular session

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to answer said charge. It shall also be the duty of the marshal and policeman of said city to arrest any person violating any of the laws of this State in their presence and immediately carry such persons before a magistrate and see that a proper warrant is sworn out. It shall be the duty of all policemen in all cases where they know that the State laws are being violated in said city, to apply to the nearest magistrate for a warrant for such person and have the same executed. Summons to appear. Arrest and imprisonment, or bail Sec. 37. Be it further enacted, That the Mayor and Council of the City of Thomasville may, whenever in their judgment they see fit, create the office of city recorder for said city and to elect some upright and intelligent person reasonably skilled in the law, resident of said city, to perform the duties of that office, fix their compensation therefor. Said recorder may be elected at any time that in the judgment of the Mayor and Council his services may be necessary or desirable, and he shall hold his office for a term of one year, or until the qualification of the Mayor and Council following the next city election, and until his successor is elected and qualified. He shall be a qualified voter of said city and shall take and subscribe to such oath as the Mayor and Council may by ordinance prescribe. It shall be the duty of said recorder to preside in the police court of said city in all cases, except when providentially hindered or when absent from the city or when he may be disqualified as acting recorder with the same power and authority as vested in the Mayor. Recorder. Sec. 38. Be it further enacted, That the Mayor pro tem. or the recorder of said city presiding in the police court of said city shall have, in addition to the jurisdiction hereinbefore conferred, criminal jurisdiction of a Justice of the Peace within the corporate limits of the City of Thomasville, and when it shall appear upon the trial of any case in the police court of said city that an offense against the laws of the State has been committed

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within the limits of said city, it shall be the duty of the Mayor, Mayor pro tem. or the recorder of said city, as the case may be, presiding in said court, to make a thorough investigation into the facts and to commit the offender or offenders to jail or bail to answer to the court having jurisdiction of the offense, if the offense is bailable. Police court. Jurisdiction. Sec. 39. Be it further enacted, That said Mayor and Council may, by ordinance, declare what shall be a nuisance in said city, and by ordinance provide for the abatement of same. The police court of Thomasville shall have concurrent jurisdiction with the Mayor and Council of said city in respect to the trial and abatement of all nuisances in said city. Nuisances. Sec. 40. Be it further enacted, That the Mayor and Council of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs and all other animals from running at large in said city; to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept by persons in said city, if allowed kept therein, and shall have full power and authority to take up and impound any such animals and punish all owners of any such animals who shall fail or refuse to obey such ordinances as may be adopted by the Mayor and Council of said city to carry out and effectuate this authority. The Mayor and Council shall also have the authority to levy and collect such taxes as they may deem proper upon dogs kept within the limits of said city; to provide for the registration thereof, and to prescribe such ordinances respecting the keeping of dogs as may be deemed proper, and to prescribe punishment for violation of said ordinance. Animals at large. Impounding. Dog tax, etc. Sec. 41. Be it further enacted, That the Mayor and Council of the City of Thomasville shall have the power and authority to authorize by ordinance the marshal or any policemen of said city to summons any and

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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 in arrests. Sec. 42. Be it further enacted, That the Mayor and Council shall have authority to establish a pound for the impounding of any of the above mentioned animals, and to change the same whenever they see proper; to fix a schedule for charges and penalties to be paid by the owner of such impounded animals before they are released from said pound; to regulate the mode or manner of sale or disposition of impounded animals where no owners appear, or when payment of impounding fees charged, penalties, or costs, are refused; to provide for the punishment of all persons who, without authority, shall break or enter the pound. Pound for animals; regulations. Sec. 43. Be it further enacted, That the Mayor and Council of said city shall have the power and authority to require every male inhabitant in said city, who by the laws of this State is subjected to work on the public road, to work such length of time on the streets of said city as the Mayor and Council may by ordinance direct, in no case to exceed fifteen days in any one year. Said persons so subject to street work, shall have the right to relieve themselves of said work by paying a commutation tax which said Mayor and Council shall fix by ordinance, and which tax shall in no event exceed ten dollars per annum. Said street work to be done, and commutation tax paid at such time as the Mayor and Council may by ordinance direct. Any persons subject to work or pay said tax and failing to do so, after being properly notified as provided for under the laws and ordinances of said city, shall be punished in the police court of said city as the Mayor and Council may by ordinance prescribe. Street work or tax. Sec. 44. Be it further enacted, That the said Mayor and Council shall have the authority to establish and

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put in operation a board of health for said city. The duties, powers and compensation of said board, and the number of members that shall comprise the same shall be such as are fixed and prescribed by the ordinances and the laws of said city. Said Mayor and Council shall have authority to enact all ordinances and regulations prescribing penalties for the violation of such laws and ordinances that may be necessary for the purpose of maintaining such board of health. Board of health. Sec. 45. Be it further enacted, That the said Mayor and Council shall have the power and authority to enact and enforce ordinances to prevent the spread of any infectious or contagious diseases; to compel the vaccination of all persons within the limits of said city, whether residents or sojourners also; to isolate any person or persons in said city affected with any contagious or infectious disease by confining such person or persons within the limits of the premises provided by the Mayor and Council, either within or without the corporate limits of the city for such purposes; to isolate any person or persons who have been exposed to any infectious or contagious disease, during the usual period of incubation of such disease, by confining such person or persons during such period, within the premises provided for by the Mayor and Council, either within or without the corporate limits of said city. The Mayor and Council shall also have the power and authority to establish, declare and maintain quarantine against all contagious or infectious diseases and to punish violators of any quarantine regulations of the city. They shall have power to build, establish and maintain pest houses, either within or without the corporate limits of the city and for this purpose they are authorized to buy, hold or receive real estate either within or without the city limits. They shall have the power to provide vaccination points and to employ physicians at the expense of the city to vaccinate all persons who are unable to procure vaccination, and may provide by ordinance punishment for persons failing or

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refusing to be vaccinated, and to prescribe punishment for all persons violating any ordinances, rules and regulations enacted by said Mayor and Council for the prevention of diseases and for the promotion of the health of said city. Diseases; health regulations. Sec. 46. Be it further enacted, That said Mayor and Council may enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district in said city and to enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings in said limits may be erected, repaired or covered; how thick the walls must be, how the chimneys, stoves, pipes and flues are to be constructed; to provide for fire escapes in said buildings, and generally to do all such things and to pass such laws and ordinances as the Mayor and Council may deem necessary in order to protect said city as far as possible from fire and to prevent the spread of fire from one building to another, and for the protection and safety of the people. They shall also have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove pipes, or flues, and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expense of such change or removal, which expense may be collected as taxes are collected, and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, said Mayor and Council may order such building removed or altered, and if such person, firm or corporation shall not remove or alter such building after notice to do so as may be prescribed, then said Mayor and Council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected. Fire regulations. Sec. 47. Be it further enacted, That the Mayor and Council of said city shall have the absolute, full and complete

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control and supervision of the streets, sidewalks, alleys, lanes, parks and squares of said city, and shall have full power and authority to open, lay out, widen, straighten, grade or otherwise change the streets, sidewalks, alleys, lanes, parks and squares of said city and shall have the power to lay off, grade, vacate, close up, open, curb and pave the roads, streets, bridges, alleys, sidewalks, cross drains, cross walks, drains and gutters, or any of them, for public use or the use of laying wires or lines, or sewer pipes throughout the streets, squares, lanes, alleys and parks of said city, upon terms and conditions as the Mayor and Council may by ordinance provide. And the Mayor and Council of said city shall have full power and authority to condemn property for the purpose of laying out and opening new streets, sidewalks, alleys, squares and parks in said city, and for the purpose of widening, straightening, grading or in any way changing the streets, lanes and sidewalks of said city, whenever the said Mayor and Council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent, under the same terms and conditions as provided for in the general law of this State with reference to the condemnation of private property for public use as contained in Article 1, Chapter 9 of the Code of Georgia of 1910, beginning with Section 5206 and embracing all sections following the same having reference to the condemnation of private property for public use and as provided by Acts amendatory thereof. The Mayor and Council of said city shall have full power and authority to remove or cause to be removed any building, steps, fences, gates, posts or other obstructions, or nuisances of any kind in the public streets, alleys, lanes, sidewalks, parks, squares, or located upon private property of said city, and to enforce

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the provisions of the section by enactment of appropriate ordinances. Streets, sidewalks, bridges, etc. Condemnation of property. Removal of obstructions, etc. Sec. 48. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to pass all laws and ordinances necessary for the draining and proper maintenance and care of the streets, alleys, sidewalks and other public places of said city; to provide for the paving, grading, macadamizing, curbing or otherwise improving for travel or drainage, the same or any part thereof; or to regrade, repave, recurb, remacadamize, or repair in any way the pavement, curbing, grade, or drainage of the same, whenever in the judgment of the said Mayor and Council the same becomes necessary or advisable, and the said Mayor and Council shall have the right and authority to provide, by ordinance, how said paving, grading, macadamizing or repairing, maintenance and care of the same shall be paid, whether by the city or whether by the adjacent land owners or by both. Drainage and improvements. Sec. 49. Be it further enacted, That the said Mayor and Council shall have the full power and authority to enact all laws and ordinances to require any railroad company having or which may thereafter have, tracks running in, along, across or through the streets, alleys, or ways of the said city, so improved as the Mayor and Council may direct, the width of their tracks and two feet on each side of their right-of-way, and to require said companies to repair or repave their aforesaid portion as the Mayor and Council may direct and the Mayor and Council shall have the power and authority to enforce the provisions of this section by proper ordinances. Railroads; paving, etc. Sec. 50. Be it further enacted, That the Mayor and Council of said city shall have full power and authority by ordinance to regulate and to prescribe the speed of railroad trains running within the limits of the said city, to require all railroad companies to station watchmen

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at street crossings; to require all trains running across or in and along any street, to be preceded by a flagman, to make it a penal offense for any railroad company, its agents or employees, to block or obstruct any street crossing with railroad trains, cars, engines, any longer than is necessary for said trains, cars or engines to pass over said crossing; to prohibit more than one train from crossing or running parallel with another train at the same time across a street crossing; and to regulate in any other way the running or operation of railway trains within the city limits as it may deem necessary to protect and safeguard the public, and to provide a penalty for the violation of any of the provisions of this section. Railroads; speed and other regulations. Sec. 51. Be it further enacted, That the Mayor and Council of said city shall have the power and authority to maintain, equip, repair, extend, enlarge, and in any way improve the present system of waterworks, sewerage, electric lights in the City of Thomasville for the purpose of supplying its inhabitants and the city and consumers generally with water, sewerage and electric lights, or any of them, and the said Mayor and Council shall have the power to do any and all things necessary for such purpose; to contract with any person or persons, firm or corporation, for the purchase of lands or premises to be used in connection therewith, whether within or without the city, and to contract for the purchase of easement over lands and premises to be used in connection therewith, whether the lands and premises over which easements are desired are within or without the limits of said city, and if necessary for any or all of such purposes to condemn the same as hereinafter set forth, said Mayor and Council in the name of the city, shall have full power and authority to make purchase of plants, machinery and any and all articles and things that may be necessary or advisable for the proper equipment of said plants or either of them, and for the purpose of properly repairing and maintaining the same, or for the purpose of extending, enlarging, or in any

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way improving said plants or either of them; to build and erect houses, bore wells, build, shape and to furnish the same with machinery, tools and equipment that may be necessary or expedient in the care and maintenance of said plants, and to generally have the power and authority to do any and all things necessary or expedient to the upkeep, care, maintenance and improvement of said plants, or in the extension or enlargement thereof. The right to repair and keep up said plants, or either of them, and to purchase such articles and things for such purposes may be exercised, in the discretion of the Mayor and Council, said Mayor and Council in the name of the city shall have the right and authority to make contracts with the inhabitants of said city and to consumers generally whether residents of said city or residents without the limits thereof, for the furnishing of water, electric lights, electric power, sewerage or any of them, at such rates and under such rules and regulations as the Mayor and Council may provide. The Mayor and Council of the City of Thomasville shall have the full power and authority to establish and maintain a new system of waterworks, electric lights, sewerage, or any of them whenever it may be necessary or advisable for the purpose of furnishing and supplying its inhabitants, and the city and consumers generally with water, sewerage, electric lights, electric power, or any of them and when such power and authority is exercised the said Mayor and Council shall have the same rights, powers, privileges, etc., for the erection, equipment, care, maintenance, repairing and improvements thereof, and the making and enforcements of contracts for the furnishing of lights, water, sewerage, electric power, or any of them to the inhabitants of said city and non-residents thereof, with the right to acquire, own and possess, whether within or without the limits of said city, as herein conferred upon and granted said Mayor and Council as herein above set

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forth respecting the present system of waterworks, electric lights and sewerage of said city. Water, sewers, lights. Purchase and condemnation. Other powers. New systems. Sec. 52. Be it further enacted, That the said Mayor and Council shall also have full power and authority to grant franchises over its streets, and other public property to any persons, firms or corporations for the furnishing of water, electric lights, electric power, sewerage or any of them, to the city and its inhabitants, and to make such contracts with such persons, firms or corporations for water, electric lights, electric power and sewerage or any of them, as the Mayor and Council may deem proper, provided, that the city shall not be bound by any such contract for a longer period than one year from the making thereof, unless said contract shall have first been approved by a majority vote of the qualified voters of said city at an election to be held for such purpose, of which at least four weeks' notice shall be given in a newspaper in said city, by the Mayor and Council, which notice shall contain a substantial statement of the proposed contract, as well as the time and place of the election, and said election shall be governed by the laws of said city, applicable to the regular election of the Mayor and Aldermen, and provided, further, that no such franchise shall be granted for a period longer than twenty years from the date of granting same. The Mayor and Council of the City of Thomasville are hereby authorized and empowered to enact all laws, ordinances, rules and regulations necessary to carry out and effectuate this section. Franchises in streets. Approval of contract by popular vote. Sec. 53. Be it further enacted, That the Mayor and Council in the name of the city, shall have full power and authority for or to condemn any land or premises, within or without the City of Thomasville, for the purpose of establishing and maintaining electric light plant, waterworks system and sewerage system, drainage system or any of them for said city, or for the purpose of maintaining, extending, enlarging or improving the present

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electric lights, waterworks and sewerage systems, or drainage system of said city, or any of them; and for either or all of said purposes, provided, however, that whenever the right to condemn lands and premises herein granted be exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws of this State, with reference to the condemnation of private property for public use, as contained in Article 1, Chapter 1, Chapter 9, of the Code of Georgia of 1910, beginning with Section 5206 thereof and embracing all sections following, the same having reference to condemnation of private property for public use, and as provided by Acts amendatory thereof. Condemnation of lands. Sec. 54. Be it further enacted, That the City of Thomasville may issue its bonds for the payment of its debts or for public improvements but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia. Bond issues. Sec. 55. Be it further enacted, That whenever the City of Thomasville, acting through its Mayor and Council, shall desire to create a debt for the purpose of carrying into effect any of the powers and provisions of this charter, it shall have the right and authority to do so when authorized by two-thirds of the qualified voters of said city, at an election held for the purpose as provided by law. Provided said two-thirds so voting shall be a majority of the registered voters. The Mayor and Council shall have the authority to enact such ordinances to carry out and effectuate the provisions of this section. Debt created on popular vote. Sec. 56. Be it further enacted, That the Mayor and Council of said city shall have the full power and authority to grant licenses to all persons, firms or corporations opening up, keeping or maintaining any kind of business within said city. The Mayor and Council shall also have the right to fix and prescribe the amount of

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licenses and provide when the same shall be paid; to provide for the revocation of any or all licenses issued under this section; to provide for the enforcement and effectuating the provisions of this section, and to provide penalties for the violation of any of the provisions thereof by ordinance. Licenses for business. Sec. 57. Be it further enacted, That said Mayor and Council shall have full power and authority to require any person, firm or corporation, whether a resident or non-resident of the City of Thomasville, engaged in or carrying on, or who may engage in or carry on any trade, business, vocation or profession within the corporate limits of said city, either by themselves or by their agent or agents; to register annually and to require such person or firm or corporation to pay for such registration and for license to prosecute, carry on or engage in such business, calling or profession such amount as the Mayor and Council may be ordinance require. Said Mayor and Council may by ordinance provide for the punishment of all persons, firms or corporations, who are required by ordinance to pay the said specified tax and register, who shall engage in, or offer, or attempt to engage in such business, calling or profession without first complying in all respects with the city ordinances in reference thereto. License and registration. Sec. 58. Be it further enacted, That the Mayor and Council of said city shall have the power and authority to control and regulate the running of bicycles, automobiles, motorcycles and any and all kinds of high-speed vehicles in said city, whether said vehicles are propelled by hand, foot, steam, electricity, or other motive power, to prescribe the rate of speed at which same may be run and the manner in which the same may be run; the qualifications of the driver, chauffeurs or operators of said vehicles; to provide for the registration of said machines, and to do any, all and every act and thing necessary or incident to the safety of the same and public. The Mayor

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and Council of said city shall have the authority to effectuate the provisions of this section by ordinance and to provide penalties for the violation thereof. Bicycles and motorvehicles. Sec. 59. Be it further enacted, That the Mayor and Council of said city shall have the right and authority, by ordinance, to prohibit idling, loitering and loafing on the streets, alleys, lanes, squares and sidewalks of said city, or upon any of them, and to prohibit the idling, loitering and loafing in any of the public buildings in said city, and to prescribe penalties for the violation thereof. Idling and loitering. Sec. 60. Be it further enacted, That the Mayor and Council of said city be, and are, hereby empowered and authorized to regulate by ordinance, the selling, weighing, measuring, of hay, ice, coal, and all other articles and commodities sold by weight or measure; to require dealers to keep honest weights and measures; to give full and honest weights and measures; to provide for the inspection and regulations of such weights and measures; to provide that the policeman of said city shall have the power and authority to stop wagons, or drays loaded with any of such articles and commodities and have the same measured or weighed and see if the articles or commodities thereon are of full weight or measure, and to prescribe penalties for any violation of this section or ordinance adopted effectuating same. The provisions of this section shall also apply to persons who reside without the limits of the city, bringing any of said articles or commodities in said city for sale. Weights and measures; regulation of sales. Sec. 61. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to compel any resident or non-resident or property owner owning land located upon any of the streets of said city over which the water and sewerage system now extends or may hereafter extend upon which lands houses are erected, or may hereafter be erected and occupied either by the owner or by tenants, to connect the same with the water and sewerage systems now laid

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or hereafter laid by said city, and to compel said property owners or others owning, controlling or using such buildings, to pay the expenses of said connections when done by the city (which authority is hereby granted in the event such owner or other person fails or refuses to cause such connections to be made within such reasonable time as the Mayor and Council may direct) in the same manner and under the same rules and regulations that the collections of taxes are enforced. The Mayor and Council of said city shall have the authority to require all surface wells, dry wells or other places to be filled in at the expense of the owner and should the owner fail or refuse to fill the same within a reasonable time as the Mayor and Council may direct the same shall be done by the city, and the expense thereof shall be collected from the owner of same. The Mayor and Council are hereby authorized and empowered to enact such ordinances as may be necessary to fully effectuate the provisions of this section. Water and sewer connections. Wells. Sec. 62. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to regulate the buildings or the repairing of any buildings within the corporate limits of said city or the removal thereof; to require persons desiring to build, or remove buildings in said city to first obtain a permit from the Mayor and Council or from the officer as may be authorized to grant the same, before erecting, repairing or removing same; to refuse to allow buildings to be erected, repaired, or removed in said city when satisfied that said buildings or addition thereto, or repairing thereof, or the removal of same, will be manifestly against the best interest of the city or will endanger the safety or health of the citizens or likely to become a nuisance and offensive to the property owners, or residents of said city; to require applications for permits to be made and prescribe how they shall be made, when they shall be filed; to provide for the removal, at the expense of the owners or builders, of any

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houses erected, repaired or removed in violation of such rules and regulations as may be prescribed by said Mayor and Council for the building, repairing or removing houses in said city, and the Mayor and Council of said city are hereby authorized and empowered to enact all ordinances to carry out and effectuate the provisions of this section and to provide a penalty for the violation of such ordinances. Building and repairing permits. Sec. 63. Be it further enacted, That the said Mayor and Council shall have the power and authority to grant franchises, permits, easements and right-of-way in, on, under and over the streets, alleys, lanes, squares, sidewalks, parks and other property of said city upon such terms, conditions, reservations, restrictions and limitations as the Mayor and Council may fix and prescribe, provided, however, that the same shall not be granted for a period longer than twenty years, nor without compensation to the city; and, provided further, that the same or any of them shall be subject to taxation by said city. The Mayor and Council are hereby authorized to enact all ordinances necessary to carry out and effectuate the provisions of this section and to prescribe penalties for the violation of said ordinances. Franchises in streets. Sec. 64. Be it further enacted, That said Mayor and Council shall have the power and authority by ordinance to prescribe the method of making application for any such franchise, easement, permit and right-of-way; what said application shall contain; to provide for notice of such application to be published; to provide when such franchise, permit, easement or right-of-way, if granted, shall become operative, and generally to prescribe such rules and regulations in respect to application for same, the filing, publication of notice, and the granting of same as the Mayor and Council may deem necessary or advisable. Applications. Sec. 65. Be it further enacted, That the said Mayor and Council shall have full power and authority, by

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ordinance, to establish and maintain public parks in the streets of said city and at other places therein as they may deem proper. Parks. Sec. 66. Be it further enacted, That the said Mayor and Council shall have full power and authority to provide for the working of convicts from the police court upon the streets and other public places and works of said city; to establish, equip, and maintain a city chaingang and prescribe rules and regulations for the proper management of same; to maintain, establish and equip a city jail or guard-house in said city for the safekeeping of prisoners, convicts, and persons charged with violating the laws and ordinances of said city and to provide for the feeding of such prisoners; the Mayor and Council shall have the authority to enact such ordinances necessary to carry out the provisions of this section. Convicts. Sec. 67. Be it further enacted, That the Mayor and Council shall have the power and authority, by ordinance, to create and establish a fire department in said city; to provide for the pay and equipment thereof; to purchase any necessary apparatus and make any needful rules and regulations for its proper maintenance. Fire department. Sec. 68. Be it further enacted, That the marshal and policeman of said city shall have the right and authority to arrest without warrant, any person idling, loitering or loafing upon the streets, sidewalks, alleys, lanes, parks, or squares of said city, or in any public buildings in said city, and to imprison such person or persons in the city jail or guard-house of to admit them to bail for appearance for trial for offense before the police court, said marshal and policeman are also empowered and authorized to arrest without warrant and detain for a reasonable length of time, any person who may be acting suspiciously in said city, or whom said officers may suspect of having evil design against some person or property of said city or the laws and ordinances

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thereof. Also to arrest and detain without warrant, any person who may be an escaped convict of the State or municipality thereof; or who may have escaped arrest from the county or State authorities or from any municipality thereof, for any offense committed therein; and said officers may arrest without warrant in all cases, where authority is given to arresting officers of this State by the laws of Georgia, for making arrests without a warrant. Arrests without warrant. Sec. 69. Be it further enacted, That it shall be the duty of the Mayor and Council of said city to set aside annually, a sufficient sum as a sinking fund to retire the bonded debt of said city and to pay the interest thereon as said interest becomes due. Sinking fund for bonds. Sec. 70. Be it further enacted, That the Mayor and Council of said city shall have the power and authority to borrow money for the use of said city by making a temporary loan or loans to supply casual deficiency of revenue, not to exceed one fifth (1-5) of one (1) per cent. of the assessed value of the taxable property therein in any one year; and it is further enacted that the sum or sums to be borrowed shall be paid out of the income of the city for the fiscal year in which the same was or were made. Temporary loans. Sec. 71. Be it further enacted, That the Mayor and Council of said city may codify all ordinances, resolutions and by-laws of said city, together with the charter of the city, and all special Acts on the subject of the public school system of said city, into one book to be known as the Code of the City of Thomasville and when the same is adopted by said Mayor and Council, said code shall be admitted as evidence in any of the courts of this State, upon the certificate of the city clerk certifying the same to be the code of laws and ordinances of said city. The Mayor and Council shall have the power and authority to revise said code or recodity

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the laws and ordinances of said city whenever they may deem it necessary. Code of laws and ordinances. Sec. 72. Be it further enacted, That the Mayor and Council of said city may select some bank in said city as a city depository, and may require the treasurer of said city to deposit all funds of the city therein. Said depository may be selected upon such rules, regulations, conditions and requirements as the Mayor and Council, by ordinance, may prescribe. Bank depository. Sec. 73. Be it further enacted, That the Mayor and Council of said city shall have the full right and power, by ordinance, to regulate all vehicles of every kind and description used in the city for hire or profit in the transportation of passengers, freight drayage, either or all of them, to provide for the inspection of the same, to fix the rates of fares and carriages thereon; and to fix and prescribe penalties for violation thereof. Vehicles; regulation. Sec. 74. Be it further enacted, That the Mayor and Council of said city shall have the right, power and authority; by ordinance, to regulate the keeping of gunpowder, dynamite, gasoline, petroleum oils, turpentine, and any and all other kinds of explosives or combustible materials; to regulate the sale and use of firecrackers, torpedoes, skyrockets and any other kind of fireworks; or to prohibit the firing or use of them or either of them within the limits of said city, and to prescribe penalties for violations of such ordinances. Explosives. Sec. 75. Be it further enacted, That the Mayor and Council shall have the exclusive jurisdiction over all cemeteries belonging to said city. They may make such appropriations as may be necessary for the care and the supervision of the same. They may enact ordinances to provide penalties for the purpose of preventing trespass thereon. They may regulate the charges of gravedigging and interment, and any and everything pertaining to the proper care and operation of such cemeteries;

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to sell lots or right to bury therein. They may prescribe such fees for burials as they may deem proper, and may enforce the collection of such fees, as they may by ordinance provide. Cemeteries,;- regulations. Sec. 76. Be it further enacted, That the Mayor and Council of the City of Thomasville shall have the power and authority, by ordinance, to prohibit within the limits of said city, the hazarding of money or other things of value at what is commonly known as matching; to match for drinks, money or other articles of value; to prohibit any and all other games, for the hazarding of money or other things of value; to prohibit the occupants of buildings in said city from allowing or permitting persons to match for drinks, money or other things of value therein; or to use other schemes; to prohibit raffling in said city; and to prescribe penalties for the violation of any and all such ordinances. Gambling. Sec. 77. Be it further enacted, That the chief of police and policemen of said city shall have the right and authority, upon proper warrant to break and enter any houses or place in said city where they or either of them may have the reason to suspect that any of the laws and ordinances of the city are being violated, and to arrest the persons therein and imprison or admit them to bail as hereinbefore provided for in cases of arrest. Authority to break and enter houses. Sec. 78. Be it further enacted, That the Mayor and Council of said city shall have the right, power and authority to employ at such times as they may deem necessary, an auditor to examine and audit the books of the city and each department thereof, and to pay a reasonable compensation therefor. Audit of books. Sec. 79. Be it further enacted, That said Mayor and Council shall have authority to fix and establish and put into effect a scale of water and electric light rates; make and enforce rules for collections of the same; adopt rules and regulations respecting the introduction

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of water and electricity and sewerage into or upon any premises, and from time to time regulate the use of water and electricity and sewerage in such manner as shall seem to them necessary and proper; and shall have further power to furnish at cost, place and compel the use of meters, and prescribe the kind and make, the use of the same on condition precedent to furnishing premises with water and electricity, and to prescribe how and where such meters shall be placed; and 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, electricity or sewerage is taken or used, and where unnecessary waste thereof is known or suspected and examine and inquire into the cause thereof. They shall have full power to examine all surface pipes, stopcocks, and other apparatus connected with said waterworks and for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the same manner directed in the permits issued thereof; and if any person refuses to permit such examination or opposes or obstructs such officers or employees in the performance of such duties, such person so offending shall upon conviction in the police court of said city, be punished as the Mayor and Council shall, by ordinance prescribe. Rates for water and light. Regulations. (2). The said Mayor and Council shall have full power and authority to require the payment in advance for the use or rent of water and electricity furnished by them, in or upon any building, place or premises; when payment in advance is not required, for non-payment they may shut off the water or electricity either or both, from said building, place or premises and shall not be compelled to again supply said place or premises with electricity or water until the arrears with interest thereon are fully paid. In addition thereto, the collection thereof may be enforced by execution, levy and sale

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in the same manner as the collection of city taxes are enforced. Enforcement of payments. Sec. 80. Be it further enacted, That whenever any real property is sold under any process of the City of Thomasville, the officer making the sale shall have the payer and authority to convey the same by proper conveyance to the purchaser, but all such property that may be sold under execution for city taxes shall be subject to redemption within the period allowed by law of property sold under execution for State and county taxes. Sales under process. Tax sales. Sec. 81. Be it further enacted, That the Mayor and Council of said city shall have the full power and authority to make appropriations out of the general funds of the said city to support or improve the public schools of said city and full power and authority is hereby conferred upon said Mayor and Council to carry into effect any of the provisions of the laws and respecting public school system of said city. Appropriations for schools. Sec. 82. Be it further enacted, That nothing in this Act shall effect the present officers of the City of Thomasville or their fees or salaries, or the licenses and special taxes fixed by the ordinances of said city for the year 1920. Salaries, fees and license- taxes not affected. Sec. 83. Be it further enacted, That the special legislation on the subject of public-school system of said city and the funds belonging to said public-school system and the various matters therewith connected shall not be repealed or modified by this Act, but shall remain in full force and effect. Public school system unaffected. Sec. 84. Be it further enacted, That authority to carry out and effectuate by ordinance each and every power granted to the City of Thomasville in this Act is hereby expressly conferred on the Mayor and Council of said city; and authority to make and pass such rules, by-laws and ordinances as shall appear to them necessary

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or requisite for preserving or promoting the peace, dignity, health, good order and welfare of said City of Thomasville. Ordinances. General welfare. Sec. 85. Be it further enacted, That the Mayor and Council of said city shall have the right to elect such other municipal officers besides those herein specified, as to them seem necessary and proper therefor when necessary, by ordinance in the same manner, prescribing their duties and compensation and fixing their compensation. Other municipal officers. Sec. 86. Be it further enacted, That the City of Thomasville, as created by this Act shall succeed to all rights, privileges, and remedies of, and is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings to the present City of Thomasville, and its former governing authorities as heretofore incorporated. Succession to present city. Sec. 87. Be it further enacted, That the salaries of all city officers, when fixed and determined by the Mayor and Council in the manner prescribed in this Act, and in the manner prescribed by the laws and ordinances of said city shall not be increased or diminished during the terms of office for which such officers are elected. Salaries fixed for terms. Sec. 88. Be it further enacted, That all of the Acts of the General Assembly of Georgia heretofore passed incorporating the City of Thomasville, and all Acts amendatory thereof be, and the same are, hereby consolidated and superseded by this Act. Former acts superseded. Sec. 89. Be it further enacted by the authority aforesaid, That whenever and wherever the words Council or Aldermen appears in this Act, they shall for all entent and purpose, be, and mean the same. Sec. 90. Be it further enacted by the authority aforesaid, That this Act shall become effective only after

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a majority of the duly qualified electors of said city voting, shall vote For New Charter, and if a majority of said electors so vote, also that part of this Act, wherein the manner of election of such officers is changed so that such officers are elected by Council, instead of by the people, shall become effective only after a majority of the duly qualified electors of said city voting have voted For election of officers by Council. This act referred to popular vote. The Mayor and Council shall provide for an election, to be conducted as elections are now conducted for Mayor and Alderman, in said city and the returns thereof made by the managers to the Mayor and Council who shall declare the result which shall be entered upon the minutes so as to show the number of votes cast for and against each issue submitted. The election shall be held on a day appointed by the Mayor and Council after publication at least thirty days prior to said date. Election. The issues shall be submitted separately and in the one case the ballot shall be marked, For New Charter, and Against New Charter; in the other case, For Election of Officers by Council, and Against the Election of Officers by Council. Ballots. If a majority of those voting vote Against New Charter, this Act shall be void; if the vote is otherwise, then this Act shall be of force as provided herein and subject to referendum on the other issue substituted. If a majority of the electors voting vote, Against Election of Officers by Council, then the election of those officers heretofore elected by the people shall in the future be so elected; if a majority of the electors voting vote otherwise, then that part of this Act referring to election of officers by Council shall become effective as provided herein. In said election the qualified voters shall be determined according to the last registration lists of said city prepared prior to said election. The said registration

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list may be purged, corrected and brought down to date as nearly as practicable, the Mayor and Aldermen to be judges of the corrections of the list. If the new charter is approved then the officers whose manner of election is sought to be changed will be elected by Council or by the people, according to the result of the referendum on the subject. Voters; registration list. Sec. 91. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1920. TIFTON, NEW CHARTER FOR CITY OF. No. 641. An Act to repeal the present charter of the City of Tifton; to provide a new charter for the City of Tifton; to define its limits; to provide for a commission form of government; a city manager and other officers for the City of Tifton; to prescribe their powers and duties, and the manner of their election; to provide for streets and sidewalks, and the working or paving of same; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health; to declare and define police powers of said city; to provide for the condemnation of private, public or semipublic property for the use of said city, and to define a method of arriving at the value of such property and compensating the owner therefor; to authorize the City of Tifton to establish a public school system, a system of waterworks and a system of electric lights, under such restrictions as are provided by State law, whenever in the judgment of the commissioners of said city such course may be deemed

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advisable, and to issue bonds for any and all of these purposes under such restrictions as are provided by State law; to provide for taxation and the granting of licenses to all kinds of business, trades, callings or professions, and to grant a charter to said city under the corporate name of the City of Tifton, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act entitled an Act to incorporate the City of Tifton, approved August 16, 1915, and all Acts amendatory thereof be and 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 provisions hereof are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Former acts superseded or repealed. Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the City of Tifton, in the County of Tift, is hereby incorporated. Its corporate limits shall embrace and include all the territory within the following described boundaries: Beginning at the center of the railroad crossing of the Georgia Southern 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 (1 1-2) miles, then due west one and one-half (1 1-2) miles, thence due south one and one-half (1 1-2) miles, thence due east three-quarters (3-4) of a mile to the place of beginning on 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

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laws of Georgia and by said name is established and may have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, or in cities thereof and all rights, powers, privileges, titles, property, easements or hereditaments now belonging or in anywise appertaining to the City of Tifton or to the Mayor and Council of Tifton, as heretofore incorporated, shall be, and are hereby vested in the City of Tifton as created by this Act and the City of Tifton in Tift County, Georgia, created, established and declared by this Act, may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its commissioners hereafter provided for such ordinances, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said city as said commissioners may deem best and not inconsistent with the laws of Georgia, and of the United States and the City of Tifton shall be capable in law to purchase, hold, enjoy, receive, possess and retain in perpetuity, lands, tenements, or hereditaments of any kind whatsoever, within and without the corporate limits of said city for corporate purposes; and to sell, alien and convey, exchange or lease the same or any part thereof. The present Mayor and Council of the City of Tifton shall continue in office and the Mayor and Council of the City of Tifton, incorporated under this Act until January 1, 1921, and all other officers of the City of Tifton shall continue in office in the City of Tifton until January 1, 1921, such officers being subject to dismissal and all pains and penalties as are provided in this Act. Territorial limits. Corporate name. General powers. Present officers, continued. Sec. 3. Be it further enacted, That the municipal government of the City of Tifton shall consist of five commissioners, each of whom shall, except as hereinafter provided, hold office for and during the period of five years, and a city manager and such other officers as may be appointed by said city manager. Five commissioners and city manager.

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Sec. 4. Be it further enacted, That there shall be elected on the first Wednesday in December, after the passage of this Act, a board of five commissioners who shall serve, one for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, one for a term of one year, and said commissioners so elected shall determine by lot the respective terms that each shall serve and thereafter on the first Wednesday in December in each year there shall be elected one commissioner to fill the term of commissioner expiring for that year, the term of office of one commissioner expiring each year and a new commissioner being elected each year to fill his place. The elections herein provided for shall be under the management and control of a Justice of the Peace and two freeholders residents of said city, or three freeholders residents of said city, which said Justice of the Peace and freeholders shall be elected by the Mayor and Councilmen then in office for the first election and thereafter appointed by the commission. The managers of said election shall appoint two clerks and shall, together with said clerks, receive such compensation as may be fixed by said commission. Said elections, together with all other elections held in said city for any purpose, shall be held under the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of Georgia, in so far as said rules and regulations are applicable and are not in conflict with this Act. Election and terms of office. Sec. 5. Be it further enacted, That the managers of elections in said city shall take before some officer authorized to administer oaths, or administer to each other, the following oath: I,....., do solemnly swear that I will faithfully perform the duties of manager of this election to the best of my ability, prevent fraudulent and illegal voting, without fine or favor, so help me God. Oath of election managers.

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Sec. 6. Be it further enacted, That immediately after the polls are closed said managers shall count the ballots cast and after the ballots have been counted, the tally sheets and list of voters shall be certified in writing by said managers in the following language, to-wit: We do certify that the foregoing pages or sheets constitute the tally sheets (or lists of voters, as the case may be) of an election for commissioners, held by us this..... day of....., 19....., and that they are an accurate and faithful record of the names and number of voters at said election. This..... day of....., 19..... Manager,....., Manager....., Manager. The tally sheets and lists of voters shall then be sealed up together in an envelope, delivered to the clerk of the city and filed of record in his office. The ballots shall likewise be sealed in an envelope, delivered to the clerk and filed of record in his office. Certificate of election. Sec. 7. Be it further enacted, That on the day next succeeding the first election hereunder the managers thereof shall file a written report of the result with the city clerk showing the number of votes cast and for whom cast. Upon the filing of said report the Mayor and Council, at their next regular meeting thereafter, shall declare the result of such election and such declaration shall be entered of record by the city clerk on his minutes of said meeting. Report and declaration of result. Sec. 8. Be it further enacted, That after thirty days from the day of said election, if no notice of contest has been given as to result of said election, the clerk aforesaid shall destroy the ballots. Should any persons, except under an order of court of competent jurisdiction, for any cause whatever, inspect either the tally sheets, lists of voters or ballots of said election after they have been filed with the clerk of the city aforesaid, he shall

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be liable to fine, imprisonment, or both, in the discretion of the police court of said city. Ballots and tallysheet not to be inspected. Sec. 9. On the first Monday night in January, 1921, the five commissioners elected as hereinbefore provided, shall organize by drawing lots for the term each shall serve, after which each of said commissioners shall take and subscribe the following oath: I do solemnly swear that I will well and truly demean myself as a commissioner of the City of Tifton for the ensuing term and that I will faithfully conduct the affairs of said city according to the charter and ordinances thereof to the best of my skill and ability without fear or favor, so help me God. Said commission shall then elect a chairman and said chairman shall be the presiding officer of said commission. A vice-chairman shall also be elected. It shall be the duty of the chairman to preside over all meetings of the commission and as such shall sign all orders, minutes, rules, regulations and ordinances passed or enacted by said commission. It shall be the duty of the vice-chairman to do and perform all things required of the chairman in his absence or when laboring under any disability. It shall be the duty of the secretary to keep correct minutes of all meetings of the commission. Organization of commission. Oath. Chairman. Sec. 10. The city commission thus elected and organized shall be strictly a legislative body. Said commission shall pass all the ordinances for the government of the city, fix the tax rate, license fees and do and perform all necessary work of a legislative character for the successful government of the city. Legislation. Sec. 11. Be it further enacted, That should a vacancy occur on the commission by death, resignation or otherwise the remaining members of the commission shall select some fit and proper person to serve in his place and such person so selected shall serve only until the next regular election at which time in addition to the commissioner whose term will have expired, an additional commissioner shall be elected to fill said unexpired term. Vacancy in office.

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Sec. 12. Immediately after organization or as soon thereafter as possible said commission shall elect a city manager and fix his salary, which salary shall not be more than $5,000.00 per annum. Said city manager need not be a resident of the city, nor of the State, and shall not be elected for any designated period of time, but solely by reason of his executive and administrative qualification. The city manager shall be the chief executive officer of the city and may be removed by the commission at any time within six months after his appointment and qualification, at the will of the commission, but shall not thereafter be removed from office until served with written charges and given a public hearing before the commission. During any suspension or disability of said manager the commissioners shall designate some properly qualified person to perform the duties of the office. City manager. Chief executive. Sec. 13. The city manager shall be responsible to the commission for the proper administration of all the affairs of the city and shall enter into a good and sufficient bond of not less than $15,000.00, payable to the City of Tifton, and conditioned for the faithful discharge of his duties as city manager and for the faithful accounting thereto of all property, money and effects belonging to the city that may come into his hands or under his control. Said city manager shall require from each of his subordinates handling any money or having custody or control of any personal property of the city a like bond in such amount as he shall deem proper and upon failure to do so he shall be liable on his own bond for any default of such subordinate and the term subordinate shall be held to include any officer or employee appointed or employed by him. The premiums on the bonds required by this paragraph shall be paid by the city out of its general funds. Official bonds. Said city manager shall take and subscribe the following oath: I,..... do solemnly

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swear that I will faithfully perform all of the duties as is incumbent upon me as manager of the City of Tifton to the best of my skill and ability, so help me God. Oath of office. Sec. 14. The city manager may appoint a city clerk, who shall attend all meetings of the commissioners and shall act as secretary of the body, a recorder and chief of police and such other members of the police force as will in his judgment be necessary, both regular and special. He may appoint a chief of the fire department and such other members of the fire department as may, in his judgment, be necessary. He may appoint a street superintendent; a board of health, to consist of as many members as in his judgment may be necessary; a sanitary inspector; an auditor; a city physician and all other officers, subordinates and employees, that in his judgement may be necessary for the proper administration of the city government. It shall be his duty to enforce all ordinances, rules and regulations passed by the commission. He shall fix the salaries of all other employees of the city; shall have the right to discharge or suspend any employee of the city when in his judgment the best interest of the city requires it, and from his action in matters of dealing with city employees there shall neither be appeal to nor interference by the commission. The city manager shall be the purchasing agent for the city and shall buy all supplies of every sort, kind and character used in the city's business. He shall buy all supplies used by the public schools of the city upon proper requisition from the Board of Education therefor. He shall make all contracts for city lighting, street work, sewerage, sanitary work, paving, or any other needful thing to be done for or in behalf of the city. Said city manager shall be engaged in no other sort or kind of business, but shall devote his time and attention exclusively to the management of the affairs of the city. He shall, when in his judgment it is necessary, employ a suitable engineer to make surveys, estimates, or to lay out and construct any work or enterprise for the city. He shall

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keep an office in some convenient place and his office shall be open during business hours every day, except Sundays and legal holidays, and shall employ in said office such force as may be necessary in his judgment to properly handle the city's business. Municipal officers. Duties and powers of manager. Sec. 15. Be it further enacted, That any person who has resided in the City of Tifton six months and is a qualified voter under Section 34 of the Code of Georgia, 1910, and who will have registered his name in the registration book, hereinafter provided for, shall be a qualified voter in the City of Tifton. Voters qualified. Sec. 16. Be it further enacted, That immediately after the passage of this Act the clerk of the said City of Tifton shall open a book to be designated as the Voters' Book for the City of Tifton, containing on the first page thereof the following oath, to-wit: I do swear, or affirm, that I am a citizen of the United States, that I am 21 years of age or will be on the..... day of..... of this calendar year; that I have resided in this State for one year, and within the corporate limits of the City of Tifton for six months immediately preceding the date of this oath or will have so resided on the..... day of..... of this calendar year; I have paid all taxes which, since the adoption of the Constitution of 1877, have been required of me, State, county and municipal, except taxes for this year; that I possess the qualifications of an elector required by the constitutional amendments adopted 1908; that I am not disqualified from voting by reason of any offense committed against the laws of this State; I further swear that I reside at Number..... street, in the City of Tifton; my age is..... years; my occupation is..... Voter's oath. Sec. 17. Be it further enacted, That the city clerk of Tifton shall always keep said registration book open for signatures at his office at any and all times when his office is open for the payment of taxes or

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other business. The electors who are thus qualified and have signed the voters' book shall not thereafter be required by the board of registrars; provided that no person shall remain registered longer than he retains the qualifications under which he is registered. No person shall be allowed to register unless he shall have paid all taxes due by him except taxes for the current year. The clerk of the City of Tifton, or any clerk employed by him and authorized by him to receipt for taxes in the usual course of his employment, is required to take charge of said voters' book and administer the oath. When the signature of any person is not clearly legible, the officer in charge of the voters' book shall at the time the signature is made, write out the same in clearly legible letters opposite or under said signature. Registration. Sec. 18. Be it further enacted, That any person desiring to register as a voter may apply to the clerk of the City of Tifton, or his deputy as above described, and after reading said oath, or having same read to him, shall evidence the same by signing his name in said voters' book underneath the written or printed oath above described, or on the same page following the page on which the oath is written or printed. A memorandum of entry of the voter's name, his street number, or place of residence, his age, and occupation shall be made by the office in charge of said book. When the applicant is not 21 years old at the date of taking the oath a similar entry or memorandum shall be likewise made, showing the date in that year when he will have reached the age of twenty-one and when the applicant has not resided in the State one year or in the city six months at the date of taking such oath a similar entry or memorandum shall be made showing the date in that year when he will have resided in this State one year and in the City of Tifton six months. Signatures and entries. Sec. 19. Be it further enacted, That upon request of the applicant the officer in charge of the voters' book

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shall read or repeat such oath, before signing his name, and if the applicant can not sign his name said officer shall sign it for him, the applicant making his mark thereto. Signatures as made in said voters' book shall be prima facie evidence that the person so signing his name swears or affirms the truths of every material fact contained in said oath; also said written memorandum or entry preceding his signature. Signatures prima facie evidence. Sec. 20. Said clerk of Council, or his deputy, shall not allow any person to sign his name in the voters' book unless he states at the time that all taxes due by said voter are paid. Taxes. Sec. 21. Be it further enacted, That the chairman of the commission and two commissioners shall constitute a quorum for the transaction of any and all business whether legislative or judicial, except in the selection of the city managers and for this purpose the entire board of five commissioners shall participate, but a majority shall be sufficient for the selection of said city manager, and provided further that when only three members of the commission are present it shall require the unanimous vote of all three members to pass any ordinance or resolution. Quorum of commissioners. Sec. 22. Be it further enacted, That said commission shall have power to pass such ordinances, by-laws, rules, and regulations as may, in their discretion, be necessary to carry out the purpose of this Act, not in conflict with the provisions hereof or of the constitution or laws of the State of Georgia and to provide penalties for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, commons, and public squares of said city, and may provide against obstructions and nuisances thereupon. They may lay such drains and gutters therein as are necessary and proper means for keeping the corporate limits of said city or the limits of its police jurisdiction, free from garbage and filth of all kinds. They shall have the power

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to summarily abate all nuisances, whenever in their judgement such nuisance is injurious to the health, comfort or convenience of the inhabitants of said city, either with or without complaint against such nuisance. They may regulate the running of locomotives or cars, whether run by steam, electricity or other power. They may provide against obstructions in the streets, alleys or sidewalks therein, and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables or anything calculated to cause inconvenience to individuals or to make such streets, alleys or sidewalks unclean or unsightly. They may make such regulations as they deem proper relative to the keeping, storage or sale of gunpowder and explosives or inflammable oils, chemicals or powders in said city. They may prohibit the commission of nuisances in said city and provide punishment thereof. Powers and jurisdiction. Sec. 23. Be it further enacted, That for the purpose of raising revenues to defray the ordinary current expenses incident to the proper support and maintenance of the city government the said commission 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 centum, but where that amount is deemed insufficient, said commission shall have authority and power to levy and collect an additional tax in the mode and manner prescribed by the constitution and laws of Georgia. Tax ad valorem. Sec. 24. Be it further enacted, That every male person between the ages of sixteen and fifty years, who has resided in said city thirty days, shall be liable and subject to work on the streets of said city not to exceed fifteen days in each year, at such time or times as the commission may require, or to pay a commutation tax in lieu thereof, not to exceed five dollars in any one year, as said commission shall determine. Should any person liable to work the streets under this section fail or refuse

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to do so or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said commission may require, shall be deemed guilty of a violation of this section, and on conviction in the police court of said city shall be fined any sum not exceeding twentyfive dollars or imprisoned in the guard-house or by labor in the chaingang of said city not exceeding thirty days. Said commission may pass such ordinances as they may deem proper for the purpose of enforcing this section. Street work or tax. Penalty. Sec. 25. Be it further enacted, That said commission shall have the right to establish a guard-house and chaingang in said city; provide for the confinement of prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; provide for furnishing said prisoners with convict suits; employ guards and convict bosses, and generally to provide for the control and proper government of said convicts. The employees of said city in charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. The commission of said city shall have the right to lease or hire said convicts as may be confined in the chaingang of said city, under the provision of this chartear, to the county authorities of Tift County, and shall have the right to make such charge against said county authorities as they may be able to agree upon; provided, however, that said convicts shall be kept and provided for by said county authorities, in the same manner as the county convicts are kept and provided for. Prisoners and convicts. Sec. 26. Be it further enacted, That the commission of said city shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sales of creams, ices, etc.; livery stables, feed stables, sale stables and lots, hacks, drays and other vehicles; auctioneers,

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vender masters, itinerant trades, theaters, and theatrical performances; dummy or street railroads, oil mills, ice works, laundries, waterworks, shows, circuses, and exhibitions of all kinds; itinerant lightning rod dealers; emigrant agents, book agents, peddlers of clocks; peddlers of stoves, machines or any articles of merchandise whatever; itinerant venders of any and all kinds of goods, wares, merchandise or other things; pool and bagatelle tables kept for public play; every keeper of shooting gallery, tenpin alley; upon the keeper of any table device, stand or place for the performance of any game or play whether played with sticks, balls or rings or other contrivances; upon flying horses or other contrivances, bicycles, velocipedes or skating rinks; insurance agents; life, fire, accident or other insurance companies; loan agents for any and all kinds of business; banks and bankers; brokers and commission merchants of all kinds, and dealers in futures; keepers of slaughter houses, beef markets; green grocers; dealers in fresh oysters, vegetables, fruits, breads, and other articles of food; contractors and builders, and all mechanics, or artisans; barber shops, junk shops, pawn brokers, and upon all and every other establishment, business, calling, trade or avocation not heretofore mentioned, and which, under the constitution and laws of Georgia, are subject to license or specific tax. License and regulation of occupations. Sec. 27. Be it further enacted, That the commission of said city may demand payment of any and all licenses or specific taxes authorized by this Act or by the laws of Georgia in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business in said city for which a license is required. Should any person engage or continue in any business, trade, professional calling, for which a specific tax or license is required by said city ordinance and shall fail or refuse to pay the same on demand of the proper authorities of the said city, shall be liable to prosecution in the

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police court of said city and may be fined in a sum double the amount of the tax or license fee required, or imprisoned in the common guard-house of said city not exceeding thirty days, in the discretion of the court. The provisions of this section shall apply to all persons whether natural or artificial. Payment. Penalty. Sec. 28. Be it further enacted, That the commission of said city shall have power and authority to make and establish by ordinance a fiscal year from which and to which all licenses shall date. Should any person apply for a license for any business in said city for which a license is required at any time after the fiscal year has begun, the commission shall have authority to require from such person the same amount as required for license for a full year, and in no case shall the commission be compelled to prorate the amount of license for a term less than a full year, provided, that no change in the fiscal year shall operate to the injury, to any person who has once paid the amount of license required of him. License period. Sec. 29. Be it further enacted, That said commission shall have power and authority to enforce by execution the collection of any debt or claim due to said city, for taxes, licenses, rents, impounding fees, fines and forfeitures; for laying sewers or drains; for cleaning and repairing privies, or for abating nuisances and for any and all levies, assessments, debts and demands due to said city. Said executions shall be issued by the clerk of said city and bear test in the name of the commission against the property, person, corporation of firm against which or upon whom any such debt or demand is owing; such executions to be directed to all and singular, marshal, deputy marshal, and policemen of the City of Tifton, who are authorized to levy the same upon the property against which it is issued or upon the property of the person against whom such execution shall have issued, and the same shall be

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sold by the marshal or his deputy at public outcry, under the laws for sheriff sales to the highest bidder, before the door of the Council chamber, or at such other place as the commission shall determine, notice of which place shall be stated in the advertisement of the sale of such property; of property so levied upon shall be personal property, it shall be advertised by posting notices in three public and conspicuous places in said city for ten days before the day of said sale; if the property levied upon is real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales are advertised or in some other newspaper published in the City of Tifton before selling the same. All sales as above provided shall be at public outcry to the highest bidder and for cash. Said marshal or his deputy making such sale shall execute title to the purchaser and shall have the same power to place the purchaser in possession as the sheriffs of the State have. Collection by execution. Levy and sale. Title and possession. Sec. 30. Be it further enacted, That when any execution shall be issued and levied, as provided in the preceding section, claim or illegality may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax fi. fas., or other fi. fas., issuing from the various courts of the State. Such claim or illegality to be returned to and heard in Tift Superior Court or the Justice Court of the 1314th District, G. M., according as the jurisdiction thereof may be. Claim or illegality. Sec. 31. Be it further enacted, That the city manager shall appoint between the first and fifteenth of January of each year three upright, discreet and intelligent persons who shall be citizens of said city, as tax assessors, who shall hold office for one year, or until their successors are elected and qualified. Said tax assessors shall not be elected from among the members of the city commission and should any vacancy occur in said board of assessors by death, resignation, removal or refusal

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to serve, such vacancy shall be immediately filled by said city managers. Before entering upon the duties of the office each assessor shall take and subscribe the following oath: I do solemnly swear that I will faithfully perform the duties of tax assessor of the City of Tifton, and will make a just and true valuation of all property therein subject to taxation according to the fair market value thereof, so help me God. Tax assessors. Oath Sec. 32. Be it further enacted, That the city tax assessors may hear during the progress of their investigation such evidence as to the value of the property of said city as they deem advisable and to this end may compel the attendance of witnesses or the production of documents as now provided by the laws of Georgia. If any person is dissatisfied with the valuation of his property as fixed by the assessors he shall have the right of appeal to a board of arbitrators, and he may within ten days of receiving the notice of assessment in case of resident of the city, and in case of non-resident, twenty days, give notice to said board, demanding an arbitration, giving the name of his arbitrator and the board of assessors shall name its arbitrator within three days thereafter, and the two arbitrators shall select a third arbitrator, and the decision of the said board of arbitrators shal be final. Said arbitrators shall be bona fide taxpayers and voters of the said City of Tifton and must render their decision within ten days after the naming by the board of assessors of its arbitrator; also the decision of the board shall stand affirmed and shall be binding in the premises. Said arbitrators shall receive for their services the sum of two dollars per day while actually engaged in the discharge of their duties, which amount shall be taxed as costs against the party losing in the arbitration, and in the event of a compromise decision by said arbitrators, said costs shall be taxed onehalf (1-2) against each party. Valuation of property. Arbitration.

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Sec. 33. Be it further enacted, That immediately after the report of tax assessors is filed with the city manager it shall be the duty of the city manager to serve a written or printed notice on every person, the value of whose property, as returned for taxation has been raised by the assessors, advising such person of the assessors' action and specifying the property, the valuation of which has been increased. Notice of assessment. Sec. 34. Be it further enacted, That there shall be in the City of Tifton a court known as the police court of the City of Tifton, and the same shall have a seal and shall be a court of record. The jurisdiction of said court shall extend to all offenses herein provided for, together with all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the limits of the corporate limits of said city, or within two miles of said corporate limits, it being the intent of this charter to give said city as full and complete jurisdiction over said territory within two miles of the corporate limits of said city as though the offense has been committed within the said corporate limits of said city. The sessions of said police court shall be held by the recorder of said city, at such times and at such places in said city as in his judgment may be necessary. Said police court shall have power and jurisdiction to try all offenses against the ordinances of said city within the above defined territory and upon conviction may punish said offenders by a fine of not more than three hundred and fifty dollars, by confinement in the chaingang of said city for a term of not more than six months, or by confinement in the guard-house or jail of said city for a term of not more than ninety days, either or all in the discretion of said police court; all persons convicted in said court may be hired to the county authorities of Tift County for a like term as herein provided. Police court. Jurisdiction and powers. Sec. 35. Be it further enacted, That in no case shall the marshal, or any policeman of said city make any arrest

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of any person charged with the violation of any of the ordinances of said city without having first procured from the city clerk or other person authorized to issue the same, a warrant for the arrest of said offender, unless said offense is committed in the immediate presence of said officer and the offender is about to escape, in which event, he may arrest and detain such person until a proper warrant can be secured authorizing the offender's further detention. Lawful arrests. Sec. 36. Be it further enacted, That all trials in the police court of said city shall be held under and by virtue of an affidavit and warrant, which affidavit may be made by any person before the clerk of the city and warrant issued by the presiding officer of said police court; said affidavit and warrant shall be in form prescribed for criminal affidavits and warrants in the Code of Georgia; upon the aforesaid affidavit a warrant shall be issued as aforesaid and shall be directed To all and singular, the marshal, deputy marshal or any policeman of the City of Tifton. Upon said affidavit shall be joined and plea of guilty or not guilty entered. Should the warrant be dismissed on account of informality in the affidavit or warrant, it shall be the duty of the court to order another drawn, and another, until it shall meet the requirements of the law. Trials; joinder of issue. Sec. 37. Be it further enacted, That said police court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise, to issue summonses for witnesses, books and papers in as full and complete manner as the justice courts of this State may do; to punish as for contempt, failure to obey its legal summonses; to grant continuances under rules of law; and to take bonds and recognizances for appearance at its sessions and to forfeit the same under the same rules and regulations as are now applicable in like procedure in Superior Courts of this State, and to do all other acts and things necessary for the proper

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enforcement of its authority as a court of record; provided, that no fine for contempt shall exceed the sum of fifty dollars or imprisonment in the guard-house for more than thirty days. Powers of court. Sec. 38. Be it further enacted, That any person convicted in the police court of said city for the violation of any of the ordinances or by-laws thereof shall have the right of certiorari to the Superior Court of Tift County, or he may have the right of appeal to the commission of said city if said commission shall see fit by ordinance to provide for such appeal; otherwise certiorari as aforesaid shall be the only remedy. In carrying cases from the police court of said city to the Superior Court of said county by certiorari, the same rules shall be preserved as are applicable in carrying criminal cases to the Superior Court of this State. Certiorari. Appeal. Sec. 39. Be it further enacted, That a recorder's court be, and the same is hereby created, in and for the said city for the purpose of trying cases and misdemeanors against the ordinances of said city, and it shall be the duty of the city manager, as hereinbefore privided, to appoint some upright and intelligent person, reasonably skilled in the law, resident of said city, to perform the duty of that officer and fix his compensation therefor. Said recorder may be appointed and removed at any time when in the judgment of said city manager the same may be for the best interest of the city. It shall be the duty of said recorder to preside in the police court in said city in all cases, except when providentially hindered or when absent from the city or when he may be disqualified, in which case the city manager shall appoint some suitable person temporarily to act in his stead. Recorder. Sec. 40. Be it further enacted, That said recorder's court and the recorder so selected, shall have, in addition to the jurisdiction hereinbefore conferred, the criminal jurisdiction of the Justice of the Peace over all of

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the territory embraced in their jurisdiction as municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of the city's police jurisdiction, it shall be the duty of the recorder, after investigation, to commit the offender or offenders to jail or to bail to answer to the court having jurisdiction of the offense. Recorder's court. Jurisdiction. Sec. 41. Be it further enacted, That the commission of said city shall have power and authority to prevent horses, mules, cattle, sheep, hogs, dogs, goats, and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept, if allowed kept, and shall have power and authority to take up and impound any such animals and fowls and punish all owners of such fowls or animals who refuse to obey an ordinance passed by such commission, carrying this authority into effect. Animals. Sec. 42. Be it further enacted, That in order to give effect to the foregoing section said commission shall have authority to establish a pound, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owner of such impounded animals before they are released from the pound; to regulate the mode or manner of sale or disposition of impounded animals or fowls where no owner appears, or where payment of impounding fees charged, penalties or costs is refused; to provide for the disposition of the proceeds of the sale of an impounded animal and to provide for the punishment of all persons who, without authority, break or enter the pound. Impounding. Sec. 43. Be it further enacted, That said commission shall have the authority, in their discretion, to establish and put in operation a board of health, and to pass all ordinances and regulations prescribing penalties for violations of the same necessary for the purpose of maintaining such board of health, and prescribing penalties

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for such violations; to prevent the spread of any infectious or contagious disease; also, to pass and enforce an ordinance to compel the vaccination of all persons within the police jurisdiction of said city; also, isolate any person or persons afflicted with any infectious or contagious disease by confining such person within the limit of the premises provided by the commission, either within or without the corporate limits of said city; to isolate any person or persons who have been exposed to any infectious or contagious disease during the usual period of incubation of such disease by confining such person or persons during such period within premises provided by the commission, either within or without the corporate limits of the city; provided, that no person shall be so isolated who, if able and willing to pay the hire of proper persons to be selected by the commission to guard the premises in which they are, so as to prevent ingress and egress to and from such premises during the time in which there is probability of the spread of any infectious or contagious disease from such person or persons. Board of health. Regulations. Sec. 44. Be it further enacted, That said commission shall have exclusive jurisdiction over all cemeteries belonging to said city. The city manager may appoint such employees to superintend and care for the same as he may deem proper. The commissioners may take such appropriations out of the city treasury as to them may seem proper for the care and supervision of same. They may enact ordinances and provide penalties for the purpose of preventing trespass thereon. They may regulate and charge for grave digging, hearse fees, and any and everything pertaining to the care and operation of such cemetery. They may charge such fees for burial as to them may seem proper and enforce the collection of such fees as provided under Section 29 of this Act, and these provisions shall relate to cemeteries located either within or without the corporate limits of said city. Cemeteries.

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Sec. 45. Be it further enacted, That said commissioners shall have the right to exercise supervision over all buildings within the corporate limits of said city; and whenever in their judgment, any structure or building is dangerous to life or health of citizen, on proper care made in the 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 said owner or tenant in possession fails or refuses to abate such nuisance in a reasonable time, such time to be determined by the commissioners, then said commissioners may cause the same to be done, and issue execution against said premises for the cost of abating such nuisance. Said commissioners may likewise pass and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate same. Building regulations. Nuisances; abatement. Sec. 46. Be it further enacted, That the commissioners of said city shall have the power and authority to open, lay out, widen, straighten, or otherwise change the streets, alleys or lanes of said city, and shall have the power to lay off, vacate, close up, open, curb or pave the roads, streets, bridges, alleys, sidewalks, cross drains, cross walks, drains or gutters for the use of the public or the use of any citizen of said city; to grant right-of-way to railroads, streets, bridges, alleys, sidewalks, cross walks, drains or gutters for the use of the public or the use of the laying of wires, or lines throughout the streets and alleys of said city, upon such terms and conditions and restrictions as said commissioners may prescribe. Whenever said commissioners, in the exercise of their authority herein conferred, to open, lay out, straighten or otherwise change the streets or alleys of said city, shall find it necessary to take private property for such purpose and cannot agree with the owner or owners thereof, they may take such private property upon the same terms

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and conditions as provided for in the general laws of this State, with reference to the condemnation of private property for public use contained in Article 1, Chapter 9, of the Code of Georgia, 1910, beginning with Section 5206 and embracing all sections following the same having reference to the condemnation of private property for public uses. Streets. Condemnation of property. Sec. 47. Be it further enacted, That said commission shall have power and authority, upon recommendation of the board of health, to cause the owner of lots or parcels of lands in the city to drain the same or to drain any pond or pool of water thereon; also to compel the owner or owners of cellars occasionally holding water to cause the same to be emptied of water or filled up if necessary, and in case the owner of such parcels or lots of land or cellars shall fail, or refuse, after reasonable notice (such notice to be judged by the commission) to him or his agent, to comply with the requirements of the commission, it shall be lawful for said commission to employ proper persons to perform such services; and for all expenses incurred in so doing the clerk of the city shall issue execution against said property or the owner or owners thereof; and a sale under such execution by the city marshal or his deputy shall pass the title to said property as completely to the purchaser as a sale under judgment and execution from the Superior Courts of this State. Drainage. Sec. 48. Be it further enacted, That said commission shall have the authority and power to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious and infectious disease of said city. Quarantine. Sec. 49. Be it further enacted, That said commission shall have the power and authority to compel the owners of property, their tenants or lessees, to grade, pave, and otherwise to keep in good order and condition,

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as said commissioners may direct, the sidewalks in front of and abutting on their said property. They may restrict the operation of any ordinance passed in pursuance of the power conferred in this section to any designated part of the city or any way that they may deem best. Should any owner or lessee fail or refuse to comply with any ordinance or resolution passed in pursuance of this section, the work may be done by the city and the expense attending the same collected by execution against owner or against said property. Sidewalks. Sec. 50. Be it further enacted, That said commission shall have power and authority to establish and maintain a fire department in said city. The said department shall be under the supervision and control of the city manager, who shall make all needful regulations concerning the same; shall provide all necessary apparatus and equipment therefor; shall employ, upon such terms as he may see fit, firemen and other officers or workers in said department, and may remove or discharge any officer or other employee in said department whenever in his judgment it is proper so to do. Fire department. Sec. 51. Be it further enacted, That said commission shall have power and authority to provide against hazard and damage by fire, and to that end may declare any portion of said city a fire district, and may define the limits thereof. They may prescribe what material may or may not be used in the erection of buildings in such fire district and may punish, in their discretion, any person violating the provisions of their ordinance in this behalf. Whenever it shall appear that any building, shed or structure of any sort is being erected within said fire district, contrary to the ordinances covering such subject, the commission shall have authority to summarily direct the owner of such structure to immediately tear down and remove the same or to so change the material as to make it comply with the ordinances for such cases provided. Should said owner fail or refuse to

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comply with such order, they may summarily have same removed, and execution shall issue against such owner for expense so incurred by the city. The owner or person in charge of such structures, and so refusing to comply with the order of the commission may likewise be punished as for a misdemeanor under the ordinances of the city. Fire regulations. Sec. 52. Be it further enacted, That said commission shall have power to provide for the erection and maintenance in said city of gas works, electric light works, and waterworks, and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said city, under such regulations and restrictions as they may deem proper. They are hereby authorized to make contracts with individuals or corporations erecting gas, electric light and waterworks plants for the furnishing said city with lights and water, and may pay such amounts as purchase or rental as they may deem proper. They may make such regulations and pass such ordinances as they may deem necessary for the protection of the owners of such works and shall have exclusive jurisdiction over them. Whenever said commission shall contract for water and lights for the use of said city, they may by 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 city and the municipal government. Gas, electricity and water. Sec. 53. Be it further enacted, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he may be apprehended whenever he may be found in this State, and the warrant of the recorder of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person, after trial and conviction of a violation of an ordinance of said city, escape, he may be apprehended wherever found in this State and the warrant

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of the recorder of said city shall be sufficient authority for his arrest and return; and all persons escaping from the custody of the city may be again tried for such escape and punishment not exceeding penalties hereinbefore provided. Fugitives from justice. Sec. 54. Be it further enacted, That said commission shall have full power and authority to require the owner of any improved property, his agent or the tenants in possession, to provide suitable privy or water closet accommodations upon such premises to be located at such places on said premises as said commission shall by ordinance prescribe. Closets. Sec. 55. Be it further enacted, That said commissioners shall have the power and authority by resolution or ordinance to provide suitable regulations on the subject of drainage, sewerage and plumbing, and all and everything else that may be necessary for the improving of the sanitary condition of said city. They shall have power and authority, whenever it may appear to them or to a majority of them to be necessary, proper or expedient, to lay sewers, construct septic tanks or make other arrangements for the purification or disposal of sewage; locate, establish and maintain dumping grounds for garbage and other refuse, and convey such sewage and drain such dumping grounds by ditches, canals or streams, beyond or without the corporate limits of said city. They shall have power and authority to purchase and otherwise acquire, for the purpose said, land lying either within or without the corporate limits of said city. In event of their failure to agree with the owner or owners of land or lands suitable, necessary, proper or expedient for the aforesaid purposes, they, or a majority of them, may, by a resolution declaring the necessity, propriety or expediency of acquiring such land or lands and describing the land or lands sought to be acquired, condemn such land or lands lying within the limits of this State, and proceed to acquire the same,

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together with such other lands or easements thereon as may be necessary or proper for the purpose of securing ingress to and egress from such sewers, sewage plants, dumping grounds, ditches and streams by the method provided in Sections 5206 to 5246, inclusive, of the Code of Georgia. The action of the commissioners declaring the necessity, propriety or expediency of acquiring such lands for any purpose or purposes in this section enumerated shall be final, and the correctness of their judgment in that particular shall never be called in question in any court of this State. Drainage, sewerage, and plumbing regulations. Condemnation of lands. Sec. 56. Be it further enacted, That said commissioners shall have power and authority to issue bonds of said city in such sums and at such times as they shall see proper within the limits provided by the constitution and laws of this State and of such denominations and in such amounts as they see fit; said bonds not to bear interest in excess of 5 per cent. per annum, and not to run for a period of longer than thirty (30) years from the date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue, in the discretion of the commissioners. 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 crematory, a system of street lighting, either gas or electricity, or both; a system of public schools, paving or macadamizing streets; erection of necessary public buildings, and adequate fire department, and drainage. Said bonds shall be signed by the commissioners and countersigned by the clerk under the corporate seal of the City of Tifton, and shall be negotiated in same manner as the commissioners may determine to be for the best interest of the city; provided, however, that said bonds shall not be issued for any of the above said purposes until the same shall have been submitted to the qualified voters of said city at an election held for that purpose under and in conformity with the general laws of this State embodied

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in Chapter 3, Article 1, and Sections 440, 441, 442 and 443 of the Code. Bond issues. Purposes. Election. Sec. 57. Be it further enacted, That the commissioners shall have power and authority to levy and collect annually, in addition to that already provided for in this charter, a tax not exceeding six-tenths of one per cent. on all the taxable property of said city for the purposes of establishing and maintaining a system of public schools in said city, said fund not to be used for any other purpose. School tax. Sec. 58. At the first election after the adoption of this charter, and at the same time that the commissioners of said city are elected, there shall be elected five members of the Board of Education, which said five members shall be elected for a period of one, two, three, four, and five years, respectively, dating from the first day of January, 1921. They shall determine between themselves by lot as to which one shall hold the respective terms. And one member of the Board of Education shall be elected at each regular December election thereafter for a term of five years. Board of education. Sec. 59. Be it further enacted, That said Board of Education provided for in the preceding section shall have power to design and adopt a system of public schools for said city; to appoint or elect a superintendent and elect teachers for same; to suspend or remove such superintendent or teachers: to fix the compensation of teachers and superintendent; to provide schoolhouses by rent, building, purchase or otherwise (but the title to all school property shall be and remain in the City of Tifton; to make rules and regulations for the government of themselves and said schools as they may see proper and not in conflict with the laws of the State. No white child shall be admitted into any school established by said board for colored children, and no colored child shall be admitted into any school established for white children. All children who are entitled to the benefits

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of public schools under the laws of this State, and whose parents, guardians or neutral protectors bona fide residents within the corporate limits of said city, shall be admitted in said school upon payment of such incidental fee only as said board may deem necessary. Children of non-residents, and such others as may be entitled to the benefits of these schools, shall be admitted upon such terms as may be prescribed by said Board of Education not in conflict with the laws of this State; it shall be the duty of said Board of Education to have prepared and furnish the State school commissioner by the first day of December of each year, a list or census of pupils residing in said city entitled to the school fund, in which shall be included those pupils residing outside the City of Tifton, but who attend the city schools. And it shall be the duty of the State school commissioner to pay to the clerk and treasurer of the City of Tifton such portions of the public-school fund as its number of pupils, as above defined, entitles it to. Public-school system. Powers of board. Races separate. Children entitled. School funds. Sec. 60. Be it further enacted, That the Board of Education of said city shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said school for the ensuing year, and shall lay the same before the commissioners, who shall be required to levy and collect the same, and the amount so levied and collected shall be used for no other purpose, and shall be paid out only on the order of the Board of Education. Levy of tax. Sec. 61. Be it further enacted, That the educational authorities of Tift County shall not grant any license to nor contract with any person or persons to teach any school of any character in said city, nor shall any of the State school fund be paid to any school in said city other than the public school contemplated by this Act. County authorities excluded. Sec. 62. Be it further enacted, That the commissioners of said city shall have power and authority to grade, pave, macadamize or otherwise improve the drainage

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and condition of the streets, sidewalks, squares, public roads, or lanes and alleys in said city. In order to carry into effect the above the said commissioners shall have the power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary, on the real estate abutting on such streets or sidewalks. Said commissioners shall have power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing side drain, crossings, or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street so improved and one-third on the real estate abutting on the other side of the street so improved. The real estate abutting on the street shall pay not more than two-thirds of the entire cost, in the discretion of the commissioners, 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 or macadamize or otherwise improve said streets in such proportion as the commissioners may prescribe. Said commissioners shall have full power and authority to equalize, by an ordinance passed for that purpose, the assessment against all real estate for above purposes, as to them may seem just and proper, estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved, or according to area or value of said property either or all, as may be determined by ordinance passed for that purpose. The amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. The commissioners shall have power and authority to enforce collection for the amount of any assessment so made for work either upon the streets or sidewalks by execution issued by the city clerk against the real estate improved and assessed,

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for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or any policeman of said city on such real estate and after advertising and in other proceeding as in case of tax sales, the same shall be sold at public outery to the highest bidder. Such sale shall vest absolute title in purchaser. Said city marshal or policeman acting for him, shall have authority to eject occupant and put purchasers in possession, provided the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued and stating the amount which he admits to be due, together with all costs shall be paid before the affidavit shall be received and the affidavit shall be returned to the Superior Court of Tift County and there tried and the issue determined as in cases of illegality, subject to penalties provided as in cases of illegality filed for delay only. The commissioners shall have authority to pave and contract to pave, the whole surface of the street, without giving any railroad or street railroad company or other property holder occupant of the street the option of having the space to be paved by them, paved by themselves, or by contract at his or its instance, the object being to prevent delay and to secure uniformity. The lien for assessment on abutting property and on street railroad and other railroad companies for street or sidewalk paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity of liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each instance. Said commissioners shall have power and authority to prescribe by ordinance such other rules as they may in their discretion think necessary to grade, pave, drain, macadamize, or curb the streets, sidewalks and alleys of said city and to collect the cost thereof by execution against the adjacent property owner and railroad companies or other occupants of the streets or alleys of said city. Street-improvement assessments. Powers of commissioners. Lien. Execution. Levy and sale. Title and possession. Affidavit of illegality. Priority of lien.

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Sec. 63. Be it further enacted, That said commissioners shall have full power and authority to acquire on behalf of the City of Tifton by gift, purchase or otherwise, grounds suitable for such park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep the same and to that end may appoint such officers and employees as in their judgment may be necessary and compensate them therefor. They shall have the right to draw on the ordinary expense fund of said city for said purpose or upon any other fund not otherwise appropriated according to law. Parks. Sec. 64. Be it further enacted, That said commissioners shall have power and authority, whenever in their judgment they see fit, to secure for said city one or more deep wells in said city for the purpose of supplying the city with a plentiful supply of good, wholesome water and to this end they may contract with such party or parties as they see fit. For the said purpose they may draw on the ordinary fund of the town or upon any other fund not otherwise appropriated according to law. Water supply. Sec. 65. Be it further enacted, That should the commissioners determine in accordance with provisions hereinbefore made, to issue bonds for the purposes hereinbefore set out, then they shall have the power and authority in addition to all other tax hereinbefore authorized, to levy and collect an additional tax not to exceed one per centum per annum, sufficient to pay off the said bonds with all interest and charges on the same within the period which said bonds have to run; and it shall be the duty of said commissioners 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 it will be necessary to levy and collect to pay same. Tax for bonds. Sec. 66. Be it further enacted, That any of the officers of said corporation of the City of Tifton, who may

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be sued for any act or thing done in this 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 commissioners and city manager or either of them, for any act or acts done by them or either of them under and in accordance with its provisions and in accordance with the ordinance passed in pursuance thereof. Justification of officers hereunder. Sec. 67. Be 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, 1920. TWIN CITY, INCORPORATED. No. 555. An Act to create a charter and municipal government for Twin City; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and all laws in conflict therewith, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the inhabitants of the territory hereinafter described, all of which is located in Emanuel County, State of Georgia, be and are hereby incorporated under the name and style of Twin City, a body politic and corporate, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations in the State of Georgia, and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to the City of Summit and the City of Graymont, shall be and are hereby vested in the said Twin City as created by

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this Act, and the said Twin City, 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 commissioners such ordinances, by-laws, regulations and resolutions for the transaction of this business and the welfare and proper government as said city commissioners may deem proper, not in conflict with this charter, nor in conflict with the constitution and laws of the State of Georgia, nor in conflict with the constitution and laws of the United States of America. And the said Twin City 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, real or personal; lands, tenements and hereditaments of whatsoever kind, within or without the limits of said city for corporate purposes, and said Twin City shall have the right to rent, lease or operate any and all public buildings for any purpose whatever; and said city shall have the right and power to receive gifts, donations, bequests and public trusts and agree to conditions and terms accompanying the same, and the commission of said city is herein empowered to bind said city to carry out the same. Said Twin City, as created by this Act, shall succeed to all the rights and remedies of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of the present City of Summit and the present City of Graymont, and its former governing authorities as heretofore incorporated. Corporate name. General powers. Cities of Summit and Graymont succeeded. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of Twin City are hereby declared to be as follows: The center of said city shall be at the center of the front steps of Emanuel County Institute as now erected, and shall extend in a circular line one mile in each direction therefrom. Territory. Sec. 3. Be it further enacted by the authority aforesaid, That the territory of said city be and the same is

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hereby divided into three wards, the same being Wards One, Two and Three. Ward One shall comprise that section of said city lying and being between Second avenue as now designated on the plat of the present City of Summit, and the northeastern boundary of said city; the said Second avenue extending in its present direction to the points of intersection with the boundary limits of said Twin City. Ward Two shall comprise that section of said Twin City lying and being between said Second avenue as now designated on plat of the present City of Summit and Garden street in the present City of Graymont; said Garden street is that street located between the present residences of L. Watson and Mrs. Ara Durden as now located, and extending in a northwesterly direction to the points of intersection with the boundary limits of said city. Ward Three shall comprise that section of said Twin City lying and being between the said Garden street as above designated and the southwestern boundary limits of said Twin City. Wards bounded. Sec. 4. Be it further enacted by the authority aforesaid, That the governing and legislative authority of said city shall be vested in a commission of five members. The members of said commission shall have attained the age of twenty-one years and shall have been residents and citizens within the territory embraced in said city for at least two years preceding their election, and shall be qualified voters in the territory within the limits of said city. They shall hold their first meeting on the first Monday in January, 1921, and at such times thereafter as may be fixed by resolution or ordinance of said commission, and at said first meeting shall elect one of their number Mayor. Their Mayor, or in his absence, the Mayor pro tem., shall preside over the deliberations of the commission and shall have the right to vote on all questions; he shall preserve order and decorum at all meetings of the commission and shall enforce the rules of that body and shall have power to punish all persons for contempt of such rules and shall perform

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all other duties enumerated in this charter and which are incident to his office. Service of legal process directed to or against the city shall be served upon the Mayor, or in the event of his absence, upon the Mayor pro tem. Two of said commissioners shall be elected from Ward One of said city; one of said commissioners from Ward Two of said city, and two of said commissioners from Ward Three of said city, but they shall be elected by the consolidated vote of the entire city. Their term of office shall be for a period of one year and until their successors are elected and qualified, and the first term of said commissioners under this charter shall commence with the first Monday in January, 1921, and annually thereafter, the term of commissioners elected shall commence on said date. Commissioners. Eligibility. Meetings. Mayor. Service of process. Representation of wards. Sec. 5. Be it further enacted by the authority aforesaid, That an election shall be held within the territory embraced in this charter on the first Tuesday in December, 1920, to elect said commissioners who shall hold office as aforesaid, and annually thereafter and on the first Tuesday in December of each year an election shall be held for the purpose of electing said commissioners for the period of time aforesaid. In all elections the candidates from each of said wards receiving the highest vote throughout the said city shall be declared elected; and for the purpose of holding said first election the Mayors and the members of the present Councils of the Cities of Summit and of Graymont are hereby directed and authorized to call said election, to appoint the managers and clerks thereof and at ten o'clock, a. m., on the day following said election shall meet with said managers and clerks and declare the result thereof by joint resolution of the present Mayors and Councilmen of said Cities of Summit and Graymont. Election annually. Call of first election. Sec. 6. Be it further enacted by the authority aforesaid, That only such persons qualified to vote for members of the General Assembly of the State of Georgia

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at the last preceding general election, or have since said time become qualified, shall be entitled to vote in any election held in said city, either for commissioners or any other election held in said city; provided, they have registered their names, occupations, ages and residences in the office of the secretary of said city commission, as required by this Act, and shall have paid all taxes, fines, forfeitures or other indebtedness due said city. Voters qualified. Sec. 7. Be it further enacted by the authority aforesaid, That the secretary of said city commission shall open a list for the registration of voters sixty (60) days prior to any general election held in said city, which list shall be closed thirty (30) days prior to said election. In any election to fill any vacancy in any elective office, or any special election, the registration list of the last general election shall be used; provided, however, that said secretary shall, upon the calling of any special election, immediately open a list for persons who may have since become qualified and desire to register, which said list shall be closed five days prior to said election. It shall be the duty of said secretary, upon the application of any person qualified to vote as herein provided, within the time prescribed for lists to be kept open, to register the name, age, occupation, ward and place of residence of the applicant, but no person shall be entitled to register who has not paid all taxes, fines, forfeitures or other indebtedness required of him by the laws and ordinances of said city, or who has not been a bona fide citizen, with a continued residence within the corporate limits of said city for ninety (90) days immediately preceding the election. The said secretary is hereby empowered to administer an oath to the applicant touching his right to be registered, which said oath shall be of the some binding force and effect as oaths administered for registration by tax collectors in this State. Registration of voters. Oath of voter. Sec. 8. Be it further enacted by the authority aforesaid, That the secretary of said commission shall furnish

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the managers of elections before opening the polls, a complete list of the names, age, occupation and residence of persons registered, which list shall be returned to the secretary when said elections are over. The presiding managers of said elections shall be authorized when challenged, to administer the following oath to any person attempting to vote. You do solemnly swear that you have resided in the corporate limits of Twin City, and have been a bona fide resident of said city for ninety (90) days immediately preceding this election; that you have been registered in the time prescribed by the charter of said city, and that you are qualified to vote for members of the General Assembly of Georgia, and that you have paid all taxes, fines, forfeitures, or other indebtedness due the city which have been required of you, so help you God. Any person voting at any such election who is not qualified to vote, shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1065 of the Penal Code of Georgia. List. Oath on challenge of voter. Sec. 9. Be it further enacted by the authority aforesaid, That the persons authorized to hold elections under this charter, are Ordinaries, Justices of the Peace and freeholders of Twin City. There must be three managers at each voting place, to be named by the commission. Persons who cannot read and write shall not be competent to serve as managers. Before proceeding with such election each manager shall take and subscribe to the following oath before some officer qualified under the laws of Georgia to administer oaths, if present, but if no such officer is present at the time, then said managers may swear in each other, in which event said oath shall be of the same binding force and effect as if taken before a qualified officer: All and each of us do solemnnly swear that we will faithfully superintend this day's election; that we are Ordinaries, Justices of the Peace, or freeholders of Twin City (as the case may be), and that we will make a just and true

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return thereof and will not knowingly permit any one to vote unless we believe he is entitled to do so according to the provisions of the charter of Twin City and the laws of the State of Georgia, nor knowingly prohibit any one from voting who is entitled by law to vote and will not divulge for whom any vote was cast unless called on under the law to do so, so help me God. Managers. of elections. Sec. 10. Be it further enacted by the authority aforesaid, That the place or places of holding all elections held under this charter shall be selected and fixed by the said commission, and advertised by posting a notice thereof at a public place in each ward of said city at least ten days prior to the date of said election. The managers of said election shall be selected by the commission, and the time for keeping open the polls shall be from nine (9) o'clock, a. m., to three (3) p. m. All votes shall be by ballot, and there shall be kept by the managers, or by three clerks, three lists of the names of voters, which shall be numbered in the order of their voting, and also three tally sheets at each voting place. As each ballot is received the number of the vote on the list shall be marked on the ballot before being deposited in the ballot box, and when any voter is challenged and sworn, it shall be so written opposite his name on the list and also on his ballot. Notice of place. Polls open. Ballots. Sec. 11. Be it further enacted by the authority aforesaid, That the managers may begin to count the votes at any time in their discretion, but they shall not do so until the polls are closed if a candidate, in person or by written authority, objects. When the votes are all counted, there must be a certificate signed by all the managers, stating the number of votes each person voted for received, which certificate shall be placed in an envelope and sealed, with the names of the managers across the seal thereof, and addressed to the Twin City commission, and delivered by one of said managers to said commission at a meeting to be held at the city hall

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at ten o'clock in the morning after said election, and it shall be the duty of said commissioners to declare the result of said election. Each list of voters and tally sheets must have placed thereon the signatures of the managers and returned with said certificates of the result of the election. The ballots shall not be examined by the managers or bystanders, but shall be carefully sealed in a strong envelope or box, with the names of the managers across the seals thereof, and delivered to the secretary of the commission at the same time they make return of the election, by whom they shall be kept unopened and unaltered for sixty days, after which time, if there is not a contest begun about said election, the said ballots shall be destroyed by said secretary, without examining the same himself, or permitting others to do so. And if the said secretary shall violate this section he shall, upon conviction, be punished as provided in Section 1065 of the Penal Code of Georgia. Count of votes. Certificate. List and tally-sheets. Disposal of ballots. Penalty. Sec. 12. Be it further enacted by the authority aforesaid, That in case of vacancy in office, election under this charter, the Mayor, or if he cannot act, the Mayor pro tem. shall immediately call a special election, notice of such special election shall be given as herein provided for the holding of regular elections, and shall be held in the same manner as provided for such regular elections and shall be called by such Mayor pro tem. to be held within twenty days after the happening of the contingency requiring such special election. Should the Mayor or any member of the commission fail or refuse to perform the duties of his office for a term of two consecutive months, the place may, in the discretion of the remaining members of the commission, be declared vacant, and the vacancy filled as in case of vacancy caused by death, removal or resignation. Vacancy in office. Sec. 13. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duty each of said commissioners shall take and subscribe

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to the following oath before some Judge or Justice of the Peace, which shall be entered upon the minutes of said commission: I do solemnly swear that I will faithfully and impartially demean myself as a commissioner of Twin City during my continuance in office to which I have been elected, to the best of my ability; that in the enactment and revision of all legislation I will have due regard for the charter of Twin City, the constitution and laws of the State of Georgia, and of the United States of America; I do further swear that in all things pertaining to my said office I will be governed by my conviction as to the public good, so help me God. Oath of office. Sec. 14. Be it further enacted by the authority aforesaid, That it shall be the duty of the commissioners to elect a Mayor from their own body, who shall be the administrative head of the municipal government, and shall be responsible for the efficient administration of all departments. The powers and duties of said Mayor shall be, in addition to those already enumerated: (a) To see that all laws and ordinances are enforced. (b) To appoint, except as herein provided, subject to the approval of a majority of the commissioners, the heads of all departments of the municipal government, to-wit: Secretary of the commission, city attorney, city physician, recorder, chief of police or head of any other department which may be established. (c) To remove, with approval of a majority of the commission, any of his appointees or the appointees, of the head of any department whose appointment requires his approval, at any time, when he deems such removal necessary or advisable for the public good. (d) To exercise control over all departments created herein or that may be hereafter created by the commission. (e) To preside over all meetings of the commission with the right to vote on all questions. (f) To recommend to the commissioners for adoption such measures as he may deem necessary or expedient. (g) To keep the commission fully advised as to the financial condition and needs of the city. (h)

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To make the commission a budget each year, at the time of levying taxes, showing the estimated income and expenditures of the city for the ensuing year. (i) To perform such other duties as may be prescribed by this charter, or be required of him by ordinance or resolution by the commission. Mayor. Duties and powers. Sec. 15. Be it further enacted by the authority aforesaid, That the commissioners of said city shall devote as much of their time to the duties of their office as may be necessary, and shall perform such duties as may be required of them by this charter and the laws, ordinances and resolutions adopted by said commission not repugnant to this Act. Duties of commissioners. Sec. 16. Be it further enacted by the authority aforesaid, That the Mayor, or Mayor pro tem., shall be to all intents and purposes a Justice of the Peace, so far as to enable him to issue warrants for offenses committed within the jurisdiction of said city, or for a fugitive from justice found within said jurisdiction, which warrant shall be executed by any officer authorized under this charter, or the ordinances of said city, or the laws of the State of Georgia to make arrests, and said Mayor, or Mayor pro tem., is empowered to commit such persons to the common jail of Emanuel County, or to admit to bail such offenders (provided the offense is bailable), for their appearance before the next Superior or City Courts thereafter for the County of Emanuel, and it shall be the duty of the jailer of said county to receive all such persons so committed and safely keep the same until discharged by due course of law. Mayor's powers as justice of the peace. Sec. 17. Be it further enacted by the authority aforesaid, That said commission shall have power to fix their regular meetings at such time as they may select by resolution; provided, that at least one regular meeting shall be held once every month, they may adopt such rules and regulations for their control and guidance as they may see fit, with a right to change same at any time

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by a majority vote at two separate meetings, or they may suspend such rules temporarily by unanimous consent. They may meet as often in extra sessions as the Mayor or any two commissioners may designate or call, provided personal notice is given to each commissioner, unless such commissioner is absent from the city. They shall keep accurate minutes of their proceedings and shall have all their acts and doings recorded thereon, and all votes taken shall be aye or no and shall be made to appear on said minutes. All meetings of said commission for the transaction of business shall be open to the public. Three commissioners shall constitute a quorum at any meeting for the transaction of any business; and it shall require the affirmative of three commissioners to adopt any measure, ordinance or resolution, except as herein provided. Meetings of commissioners. Minutes. Quorum. Sec. 18. Be it further enacted by the authority aforesaid, That the commissioners shall elect one of their members Mayor pro tem., who may exercise all the duties of the Mayor in case of his absence or inability to act for any reason. Mayor pro tem. Sec. 19. Be it further enacted by the authority aforesaid, That said commission may prescribe the duties and powers of and prescribe the salary of a secretary who shall be known as the Secretary of Twin City Commission; a city attorney; a city recorder; a city physician; three city tax assessors; a chief of police; necessary police officers; and such other officials as the interests of the city may demand. Said commission is hereby further empowered, at any time that they may deem expedient, to create any office, prescribe the duties thereof and fix a salary therefor, looking to the best interest of the city. All salaries for any of said officers shall be fixed by resolution of the commission prior to the election of any person thereto, and shall not be increased or diminished during any term in office. Before entering upon the discharge of their respective duties the said

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officers or such of them as may be prescribed by resolution or ordinance of said commission, shall give bond in such amount as may be provided by such ordinance or resolution payable to Twin City, said bond to be approved by the Mayor, and said commission shall have power by resolution or ordinance to require any of said officers to take and subscribe to an oath that he will faithfully perform the duties of his office. The said secretary may be required to perform the duties of tax collector and for his services as such shall receive such compensation as the commission shall establish by ordinance or resolution. In addition to such salary as may be fixed by ordinance or resolution the chief of police shall receive such costs for levy of tax and other fi. fas. of the city, advertising and making sales, executing deeds, settling and satisfying executions, serving warrants and making arrests and performing such other duties incident to his office as is now allowed sheriffs of this State in performing similar duties. Secretary. Other offices. Salaries. Oath and bond. Tax-collector. Sec. 20. Be it further enacted by the authority aforesaid, That the secretary of said commission shall act as city treasurer and his bond given as secretary shall cover all of his actings and doings as such treasurer and as tax collector of said city and shall be liable for his faithful performance in the discharge of said duties and for an accounting by him of all monies, assets or property of the city coming into his hands, either as secretary, tax collector or treasurer. Treasurer. Sec. 21. Be it further enacted by the authority aforesaid, That said commission shall be vested with full legislative power. They may pass ordinances, adopt resolutions, levy taxes and provide for their collection, fix licenses and provide for their payment and perform all legislative rights and powers incident to the government of said city. All ordinances and resolutions shall first be reduced to writing, and shall be acted on by said commission who shall have authority to approve,

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disapprove or amend the same. A resolution may be passed at the time it is offered, but in no case shall an ordinance be put upon its passage until it has been read at two different meetings on two separate days, unless it be by unanimous vote of said commission. Three members of the commission must vote affirmatively to pass any ordinance. Legislation. Ordinances. Sec. 22. Be it further enacted by the authority aforesaid, That said commission shall be vested with full power and authority from time to time to make and establish such rules, by-laws and ordinances, and to impose penalties for failure to comply with same, respecting city property, streets, lanes, alleys, bridges, cemeteries, public buildings and grounds, public houses, water courses, markets, railroads, telegraph and telephone companies, electric light and power companies, erection of buildings, construction of houses, plumbing, drainage, sewerage, pumps, forges, blacksmith shops, foundries, fertilizer plants, lumber yards, warehouses, storage room, slaughter houses and all kinds of business places and enterprises operated in said city. They shall have power to regulate and prohibit the storage of all kinds of explosives and combustible material in said city; they shall have full power and authority to pass all laws and ordinances they may consider necessary for the peace, good order, health, prosperity, comfort and security of said city, and of the inhabitants thereof, and that may be necessary to foster virtue and good morals of said city; to suppress lewdness, gambling, disorderly conduct and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said commission shall have full power to adopt and enforce any and all ordinances they may consider necessary or advisable to carry out the powers granted to said city and said commission by this charter, and to do any and all other acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised under the laws of this State, conferring powers upon municipal

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corporation; provided, said laws, ordinances, rules and regulations are consistent with the laws of this State. Sundry regulatory powers. General lewfare. Sec. 23. Be it further enacted by the authority aforesaid, That said commission is hereby empowered to declare what shall constitute a nuisance and to pass such ordinances as may be necessary to prevent same; and by ordinance they may empower the recorder to abate same and authorize the removal of such nuisance by the proper officials; they may provide for the punishment for the person, persons, firm or corporation causing or suffering such nuisance to exist, and they may provide for the assessment of the expense of the removal of such nuisance against such person, persons, firm or corporation causing or continuing same, and provide for the collection of such expense by execution, said execution to have the same force and effect as city tax executions and to be enforced in the same way. Nuisances. Sec. 24. Be it further enacted by the authority aforesaid, That said commission is hereby empowered to regulate by ordinance, the selling, weighing, measuring of hay, wood, ice, coal, coke and all other articles sold by weight or measure; to require dealers to keep honest weights and measures and to provide for the inspection and regulation of such weights and measures, and to fix penalties for any violation of this section. Weights and measures. Sec. 25. Be it further enacted by the authority aforesaid, That said commission is empowered to license, regulate, restrain or prohibit the running at large within the corporate limits of said city, of cattle, horses, swine, sheep, goats, geese, chickens, ducks or other fowls and animals, and to impound the same, and on notice being given to sell same for penalty imposed by or under any ordinance, and to assess the cost and expense of the proceeding against the owner, and said commission is further empowered to regulate and prohibit the running at large of dogs and to provide against injury or

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annoyance therefrom, and to authorize the disposition of same; they are further empowered to provide penalties for breaking any pound or releasing of animal or fowl impounded by the authority of this charter. Impounding of animals. Sec. 26. Be it further enacted by the authority aforesaid, That said commission shall have power and authority to prescribe by ordinance adequate penalties for all offenses against the laws and ordinances of said city, and to punish offenders by fine not to exceed one hundred ($100.00) dollars, imprisonment in the calaboose or city jail not to exceed thirty (30) days, or sentences to work on the streets or public works of said city not to exceed thirty (30) days, any one or more or any part of any one or more of said punishments, in the discretion of the recorder or any officer trying the offender. Punishments. Sec. 27. Be it further enacted by the authority aforesaid, That the said city commission shall have full power and authority to authorize a chaingang in said city, under such rules and regulations as may be adopted by said commission, and to cause all offenders against the laws and ordinances of said city to work in said chaingang, on the street or other public works of said city as said commission may direct. Chaingang. Sec. 28. Be it further enacted by the authority aforesaid, That said commission may codify all ordinances and by-laws of said city, together with the charter of said city into one book, to be known as the Code of Twin City and when same is adopted by said commission, said code shall be admitted as evidence in any of the courts of this State, upon the certificates of the secretary of the said commission certifying the same to be the code of ordinances and laws of said city. Code of laws. Sec. 29. Be it further enacted by the authority aforesaid, That there is hereby established for and in said city a court to be known as recorder's court, to be presided over by the city recorder, or by the Mayor or Mayor pro tem., with jurisdiction to try all violations of the laws and

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ordinances of said city; said recorder shall have the power and authority to punish for contempt of court not to exceed a fine of fifty ($50.00) dollars, work in the city chaingang not to exceed thirty (30) days, or imprisonment in the city calaboose or jail not to exceed thirty (30) days, any part or all of said punishment may be inflicted, in the discretion of the court, he shall have full power and authority to compel attendance of parties and witnesses at said court, and for this purpose shall have full power and authority to require bail to secure such attendance, and to issue appropriate orders for the forfeiture of recognizance given in pursuance of this charter; all warrants, summons, subpoenas or other process issued, requirinng appearance, or attendance on said recorder's court, shall be issued by the secretary of the city commission, directed to the chief of police, any policeman or other arresting officer of said city, and bear test in the name of the recorder or Mayor. The said commission, from time to time, shall pass such further rules and regulations regarding said court, not in conflict with this charter and the laws of the State of Georgia. Recorder's court. Powers. Sec. 30. Be it further enacted by the authority aforesaid, That it shall be the duty of the city recorder or Mayor or Mayor pro tem. to preside over the recorder's court, with full power and authority to issue warrants for the violation of any municipal ordinance, and to hold such court at such times and places and under such rules and regulations as are prescribed by this charter, or by ordinance, for the trial of offenders against the ordinances of said city, and to impose such penalties for a violation thereof as may be prescribed by ordinance and they shall have full power and authority incident to or belonging to the office of Justice of the Peace, except for the trial of civil cases. In all cases where the accused is committed to the county jail or ordered to give bond for appearance before the Superior or City Court of Emanuel County for the violation of a State law,

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said recorder or Mayor shall be entitled to receive such costs as are paid Justices of the Peace in criminal cases. Authority and duty of recorder. Costs. Sec. 31. Be it further enacted by the authority aforesaid, That said commission is empowered to provide such forms of accusations, warrants, summons and other papers necessary on trials for the violations of the laws and ordinances of said city. Trial papers. Sec. 32. Be it further enacted by the authority aforesaid, That said commission shall have power and authority to compel the attendance of parties and witnesses at the recorder's court, and upon meetings of the commission and shall have full power and authority to provide by ordinance for the taking and receiving from parties and witnesses of such bail as may be necessary to secure the attendance of parties and witnesses; and said commission is further empowered to provide by ordinance for the forfeiture and collection of such bailbonds in the same manner as such bail-bonds are now forfeited in the Superior Courts of this State. Witnesses. Bail. Sec. 33. Be it further enacted by the authority aforesaid, That the right of certiorari from the decision and judgment of the recorder or Mayor or the commissioner presiding in his place, shall exist in all criminal cases, as provided by the laws of Georgia regulating the issuance and hearing of writs of certiorari from Justice of the Peace Courts. Certiorari. Sec. 34. Be it further enacted by the authority aforesaid, That the commissioners shall be paid from the Twin City treasury a salary of five ($5.00) dollars per month. Salaries of commissioners. Sec. 35. Be it further enacted by the authority aforesaid, That said commission shall have full power and authority to provide by ordinance for appeal to their body from judgment rendered in the recorder's court; provided, defendants taking such appeal shall first pay all costs and shall give bond in double the amount of fine imposed, or in the event no fine has been imposed give

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an appearance bond in such an amount as the recorder may assess, and provided, further, that all appeals shall be made within four (4) days from the judgment complained of and shall be heard by said commission within fifteen (15) days from date of appeal, unless said hearing shall be postponed to a later date. Appeals. Bonds. Sec. 36. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support and maintenance of the government of said Twin City, including the payment of bonds, interest on the bonded debts, and the creation of a sinking fund for the extinguishment of said bonded debts, and for paving and building streets and alleys, the said city commission shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property owned or held within the corporate limits of said city, which, under the laws of the State, is subject to taxation. Tax ad valorem. Sec. 37. Be it further enacted by the authority aforesaid, That said commission shall have full power and authority to require any person, firm, company or corporation, whether resident or non-resident, of said city, who may engage in, prosecute, or carry on, or who is engaged in, prosecuting or carrying on any trade, business, calling, vocation or profession in the corporate limits of said city by themselves, or their agents, to register their names, business, calling, vocation or profession annually, and to require said person, company or corporation to pay for said registration and for license to prosecute, engage in or carry on any business, calling or profession, such amount as the commission may provide by ordinance, not to exceed one hundred ($100.00) dollars. Said commission may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to pay such taxes or to take out such licenses for the same, who shall engage in such business, profession or occupation, before

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paying such taxes, or taking out such license who fail to comply in full with all requirements of such ordinances made in reference thereto. Provided, the terms of this section shall not apply to those professions who pay a special annual tax to the State of Georgia. Registration and license of occupations. Sec. 38. Be it further enacted by the authority aforesaid, That said commission shall have full power and authority to condemn, regulate, tax and license all automobiles, coaches, drays, hacks, jitney buses and all other vehicles using the streets in said city for hire. Vehicles for hire. Sec. 39. Be it further enacted by the authority aforesaid, That said commission may by ordinance, license, tax, regulate or prohibit billiard rooms, tenpin alleys or other such alleys, inns, taverns, hotels, restaurants, lunch stands, cafes, social clubs, theaters, moving-picture shows, dance halls, other places kept for public entertainment, or other performances carried on in said city, including circuses, shows of all kinds, itinerant traders, auctioneers, and all trades, games or occupations, as they may deem proper, provided the same is not prohibited by the constitution of the State of Georgia. They are also empowered to license and regulate livery stables, garages, or other places of this kind for the use and benefit of the public. License, regulation and prohibition. Sec. 40. Be it further enacted by the authority aforesaid, That said commission shall require all persons liable to perform road duty by the laws of this State to perform such duty by work on the streets of said city under the direction of the proper officer of said city provided that the commission of said city shall have power to levy a street tax in lieu thereof, and provided, further, that all persons who shall refuse to pay said tax on or before such time as the said commission may prescribe by ordinance, shall be required, upon three (3) days' notice to do and perform street work as aforesaid, and upon failure thereof such defaulter shall be dealt with by the recorder as for violation of the ordinances of said city. Street work or tax.

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Sec. 41. Be it further enacted by the authority aforesaid, That said commission shall have power by ordinance to license, tax and regulate the keeping of dogs within the corporate limits of the city. Sec. 42. Be it further enacted by the authority aforesaid, That said commission shall have the power and authority to alter and fix the time for making tax returns, and to provide for the collection of taxes quarterly, semi-annually or yearly, and to have assessment of property made in accordance therewith. Tax returns. Collections. Sec. 43. Be it further enacted by the authority aforesaid, That said commission shall make, or cause to be made, an equitable annual assessment of all real estate in said city by the fifteenth day of March of each year, and all returns of property shall be made, under oath, by the first day of March in each year, and the same shall also be passed upon by the assessors. Assessment and tax returns. Sec. 44. Be it further enacted by the authority aforesaid, That the annual expenses of said city shall be so restricted as not to exceed the annual income of the city after paying the interest on bonds and providing a sinking fund for the final payment of the principal of said bonds. Annual expenses limited. Sec. 45. Be it further enacted by the authority aforesaid, That it shall be the duty of the commission to set aside annually a sum sufficient as a sinking fund to retire the bonded debt of said city as same becomes due. Sinking-fund. Sec. 46. Be it further enacted by the authority aforesaid, That the commission of said city shall have power and authority to borrow money by making a temporary loan or loans to supply a casual deficiency of revenue, not to exceed one-fifth (1-5) of one (1) per centum of the assessed value in any one (1) year; and it is further enacted that the sum or sums so borrowed shall be repaid out of the income of the city for the fiscal year in which the loan or loans are made, and before the expiration

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of the fiscal year in which the same was or were made. Temporary loans. Sec. 47. Be it further enacted by the authority aforesaid, That there shall be created a board of bond trustees for said Twin City, the same to consist of three upright and discreet business men who shall be residents, citizens and freeholders of said city, who shall serve without salary, whose duties shall be to keep a correct record of the bonded debt of said city, showing who holds the bonds, when the same are due, the rate of interest on same, and such other information as will tend to identify said bonds, and when any new bonds are issued for said city, to list the same in said books, giving the date of issue, date when due, rate of interest, number, denomination, and to whom sold. It shall be the duty of said trustees to pay in the manner hereinafter provided all lawful bonds of said city, and the interest upon the same whenever due; and to invest any and all of the money placed to its credit as hereinafter provided, in bonds of said Twin City, and outstanding bonds of the City of Summit and the City of Graymont, or, if the same cannot be obtained at a reasonable market price, then in valid United States, State, county or municipal bonds and it shall have the power to dispose of the same and reinvest the proceeds thereof in similar bonds. Whenever said trustees shall desire to purchase any of said bonds it shall authorize a draft to be drawn upon the city depository for the money, said draft to be signed by the clerk, and countersigned by the chairman of the board of bond trustees, specifying to whom paid and for what purpose. The said trustees shall keep minutes of their proceedings, acts and doings, which shall show a record of all warrants drawn, the dates thereof, and the amount, in whose favor and for what purpose. They may select a chairman from among their own number and in determining all questions coming before said trustees a majority vote shall be sufficient. Bond trustees. Duties.

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Sec. 48. Be it further enacted by the authority aforesaid, That at its first meeting, or as soon thereafter as practicable, the said commission shall elect three bond trustees for said city, qualified as herein provided, and they shall continue in office for a term of four years and until their successors are elected and qualified. Election and term of office. Sec. 49. Be it further enacted by the authority aforesaid, That the secretary of said city commission shall keep an account on his books with said bond trustees, and it shall be his duty to keep a separate account of all taxes derived and collected for the purpose of paying the bonded debt of said city when due, and the interest on the same, as well as such other sums as may be appropriated by the commission of said city from time to time for this purpose from other sources of revenue, and as soon as practicable after the collection or appropriation of such sums he shall pay the same into the city depository, taking a receipt therefor, which shall be the voucher of such secretary, and shall at the same time notify the chairman of said bond trustees in writing of the same. Separate accounts. Deposits. Sec. 50. Be it further enacted by the authority aforesaid, That the secretary of the commission must report at each regular meeting of said commission, and at such other times as he may be called upon to do so by said commission, the amount paid into the city depository for the use of said board of trustees, and shall enter the same upon the minutes of the commission. The said secretary shall not use any of the money so collected or appropriated for the use of said bond trustees for any other purpose whatever, and should he fail to pay the same promptly into the city depository for said purpose, he shall be personally liable to Twin City on his bond, and said bond trustees are hereby authorized, and it shall be their duty, to institute suit upon said bond to recover same for the purpose for which it was collected or appropriated. Reports by secretary. Liability.

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Sec. 51. Be it further enacted by the authority aforesaid, That whenever any funds shall be deposited with the city depository, as hereinbefore provided, for the board of trustees, the same shall be entered to the credit of said trustees upon a separate account opened on the books of said depository for that purpose, and it shall be the duty of said depository to pay out the same upon warrant of said bond trustees, as hereinbefore provided, the said warrant to be a voucher for said sum, and to be filed as such. In case the said depository should pay out any of such funds in any other manner than herein provided, said depository and the bondsmen therefor shall be liable to the bond trustees in the same manner and extent as the secretary of the commission, as hereinbefore provided. Payments by depository. Sec. 52. Be it further enacted by the authority aforesaid, That whenever the said bond trustees take up any bonds or coupons of Twin City, or outstanding bonds of the City of Summit or the City or Graymont, they at once cancel the same and then turn them over to the secretary of the commission, taking his receipt therefor, specifying in said receipt the number of each bond and coupon, its date, date when due and such other general description as will fully identify the same. Cancellation of bonds and coupons. Sec. 53. Be it further enacted by the authority aforesaid, That it shall be the duty of said commission to provide said bond trustees with all necessary funds to defray the expenses of said trustees; said trustees shall hold their meetings at the city hall in such office as may be designated by resolution of said commission. Said bond trustees may elect one of their number clerk, or the Twin City commission may elect a clerk for them. It shall be the duty of said clerk to keep the minutes and all necessary books of said trustees, and perform such other duties as may be imposed upon him by said trustees in carrying out the provisions of this Act. Expenses of trustees. Clerk. Sec. 54. Be it further enacted by the authority aforesaid,

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That it shall be the duty of said bond trustees to make a full and complete report of all matters pertaining to said bonded indebtedness, and of their last actings and doings, to the said city commission at the last meeting of March in each year, and at such other time as said commission may call for same; that the books and papers of said bond trustees, and of the secretary of the commission, and of the city depository, in regard to the bonded debts of said city, shall at all times be open to the inspection of said commission, or such other persons as they may designate to inspect and audit same. Report by trustees. Sec. 55. Be it further enacted by the authority aforesaid, That it shall be the duty of the secretary of said commission to record all bonds given by city officials on the minutes of the commission, and shall then deposit the same with said bond trustees, whose duty it shall be to keep same safely and securely, subject, however, to inspection by said city commission, or such other persons as they may designate to inspect the same. Record of official bonds. Sec. 56. Be it further enacted by the authority aforesaid, That no license or permits to do business required by the charter and ordinances of said city shall be valid unless the secretary of the commission has indorsed the same, that said person, firm or corporation taking out the same has registered in his office, in compliance with the terms provided by ordinance and any person who does or attempts to do business of any character, for which a license or permit is required, without complying with this section may be arrested for a violation of the same and punished in such manner as may be provided by the ordinances of said city. Licenses and permits to be endorsed. Sec. 57. Be it further enacted by the authority aforesaid, That if any person, firm or corporation fail to return their property for taxation, or secure license or permit to do business, or pay street tax, at the same time prescribed by this charter and the ordinances of said

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city, it shall be the duty of such secretary of the commission to search out and require the same to be done, and double tax the same as a penalty for said default, as is provided in this charter. That said secretary shall keep a separate book in which all such delinquent returns, licenses, permits and persons subject to street tax shall be entered, and it shall be the duty of said secretary to collect same, including all costs accrued thereon. Tax delinquents. Sec. 58. Be it further enacted by the authority aforesaid, That it shall be the duty of said secretary of the commission to make a full report to the commission of all taxes due and uncollected at such time as may be fixed by the commission, and shall also make a final settlement for each fiscal year with said commission at such time as said commission may provide by ordinance, resolution or otherwise. It shall be the duty of said commission to pass upon all matters pertaining to said settlement and allow the said secretary such credits for errors as may be apparent, and such credit for insolvent taxes as he may show to their reasonable satisfaction cannot be collected; provided, however, that nothing in this Act shall be construed as in any way repealing any power on the part of said secretary to issue fi fas. for all accounts not paid in accordance with the charter and ordinances of said city, nor in any way to restrict the duty of the chief of police of said city to levy fi. fas. and collect the money due thereon by the sale of property or otherwise, as provided in said charter and ordinances. Secretary's report and settlement. Sec. 59. Be it further enacted by the authority aforesaid, That said commission is empowered and authorized to levy a tax upon all property, real and personal, wihin said city. Property taxable. Sec. 60. Be it further enacted by the authority aforesaid, That said city commission shall have full power and authority to elect three persons, freeholders, residents and citizens of said city, as city assessors, who shall hold their office for one (1) year. It shall be the

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duty of said assessors to assess the value of all real estate and personal property at a fair market valuation within the corporate limits of said city, they shall make a return to the city commission of the assessment of real estate by the fifteenth day of March in each and every year, and said commission shall place said assessment so returned in the hands of the secretary of the commission, who shall enter the same in his books with other taxes, and the same shall be collected as other taxes of said city; provided, that parties dissatisfied with the assessment of their property by the tax assessors may have the same reviewed by the assessors, by filing with the secretary an affidavit that the valuation fixed is excessive, and that the property is not worth the amount assessed, and upon said affidavit being filed the assessors can reconsider their assessment, and their report shall be final, unless the party, still being dissatisfied, should appeal to the commission, which said appeal shall be allowed and heard only in the manner prescribed as follows, to-wit: Any party dissatisfied with the review and report of the assessors as prescribed above may at once file with the secretary of the commission a satement of his objections, with request to be heard by the commission upon the matter complained of. Upon filing of said statement and request, which shall be addressed to Twin City commission, it shall be the duty of the secretary to notify the Mayor, or in his absence or disqualification the Mayor pro tem., who shall call a meeting of the commission at the earliest time practicable, at which meeting of said commission shall be fixed a day and hour not later than the fifteenth day of April of each year, at which time all appeals from the assessors herein contemplated must be heard. It shall be the duty of said secretary to give prompt and timely notice of the day and hour fixed for hearing appeals to all parties who have filed their statement and request as aforesaid as well as to the board of assessors. All appeals from the assessors to the commission shall be

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heard on the day designated for hearing appeals, unless continued to another time, and the decision of the commission thereon shall be final. Said commission is authorized, however, in its discretion, to employ some person or persons experienced in its business, for the purpose of assisting the assessors in making a fair and impartial survey and assessment of all real estate, and the improvements to be assessed separately, same to be made at a fair market valuation. Any person dissatisfied with the assessment so made may appeal to and have the same reviewed by the commission, upon the same terms and conditions as hereinbefore provided for a review when the assessment is made by city assessors. After the returns of property have been made, it shall be the duty of said assessors to examine same and reassess the property so returned, or assess any property not returned under such regulations as may be prescribed by the commission and the charter. Tax assessors. Review of assessment. Appeal and hearing. Notice. Employment of expert. Appeal. Sec. 61. Be it further enacted by the authority aforesaid, That the said assessors, before entering upon the discharge of their duties, shall take and subscribe to an oath before the Mayor of the city to equitably, faithfully and truly assess all property subject to taxation by said city at its fair market value, and to return such assessment to the commission. They shall receive for their services such salary and be allowed such an amount for actual expenses for personally visiting all property assessed and making assessment thereon as the commission shall by resolution order. Oath and salary of assessors. Sec. 62. Be it further enacted by the authority aforesaid, That it shall be the duty of the chief of police to levy and collect all fi. fas. for taxes, assessments and fines due to the said Twin City, and all other fi. fas. that may be issued under authority of this charter, to advertise and sell property so levied on and make title to the purchaser, and to put the purchaser in possession of property so sold, under the same rules and regulations

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that govern sheriffs or deputy sheriffs at sheriff's sales; he shall perform such other duties as the commission may by ordinance require of him; he shall give bond in such amount as may be required by resolution of the commission. Chief of police. Duties. Sec. 63. Be it further enacted by the authority aforesaid, That whenever any personal property has been levied on in Twin City, if such property is of a character to render its removal to the place of sale more than ordinary expense or inconvenience, the same may be sold at any place within the corporate limits at public outery within the hours now provided by law, and after having given notice required by law. Sale of personalty under levy. Sec. 64. Be it further enacted by the authority aforesaid, That all executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claims, demand or debt, shall be issued by the secretary of the commission and bear test in the name of the Mayor of the city except when otherwise provided in this charter, and shall be directed to the chief of police, or deputy of said city, and shall state for what issued and made returnable to the Twin City commission ninety (90) days after issuing the same; and it shall be the duty of the chief of police, or collecting officer, to advertise the sale of such real estate or personal property as may have been levied upon by him to satisfy said execution, in the same manner, respectively, as sheriff's sales of real property or constable's sales of personal property are required by law to be made. All of said sales shall be made at the place and within the usual hours of sale that sheriff's and constable's sales are made, and under the same rules and regulations governing sheriff's sales and constable's sales of similar property. The time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sales under execution for State and county tax. Whenever any land

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is sold for taxes, the owner thereof shall have the privilege of redeeming it within one (1) year by paying the purchaser the amount thereof with ten (10) per cent. premium thereon. (a) Whenever at such sales no one present shall bid for the property put up for sale as much as the amount of such execution and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of the city may bid off such property for said city, and the chief of police or such other officer making the sale shall make Twin City a deed to the property so sold and deliver the same, and the title thus acquired by said city shall be perfect and valid after the period provided for redemption by the owner shall have expired, and the chief of police or other officer making the sale shall put the city in possession. The secretary shall enter on his execution docket all executions, giving the date, amount of each and to whom delivered, and all proceedings thereunder. Said execution shall be returnable to the office of the secretary after being satisfied. All sales and conveyances made under execution as provided in this section 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 power as the sheriff to put purchasers in possession of property sold by them. (b) For levy, advertising, sales and other duties of like kind, in the sale of property for city taxes, assessments, fines, forfeitures and other executions issued as provided in this charter, the chief of police shall be allowed the same costs and fees as are now allowed sheriffs in this State for performing similar duties. Executions. Levy and sale. Redemption. Title and possession. Sec. 65. Be it further enacted by the authority aforesaid, That all deeds by Twin City or the chief of police, pursuant to tax sale or sales under execution issued for the collection of local assessments or other indebtedness to Twin City, shall be admissible in evidence on the same terms as deeds made pursuant to sale for taxes due to the State and county; provided, it shall be competent

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for parties denying the validity of such deed to put in evidence the proceedings preliminary in the execution of such deed. The purpose of this section being to give to such deed the same prima facie force and validity which is accorded to the tax deeds made by officers of the State and county. Deeds as evidence. Sec. 66. Be it further enacted by the authority aforesaid, That shall be elected, when other city officers are elected, a superintendent of public works, who shall have general supervision of the electric lights and all that is connected therewith, and the performance of all other duties that may be required of him by ordinance or resolution. Superintendent of public works. Sec. 67. Be it further enacted by the authority aforesaid, That said Twin City, through said city commission, shall have full power and authority to make contracts concerning and having exclusive power over the streets, alleys, water courses, sewers, drains, bridges, public grounds and buildings and any other public property within said city, except as afterwards provided in this charter. Said city authorities may also drain and fill up wells, ponds, cellars or low ground, or compel the owners to do so, and may provide for the assessment of the cost of any such improvement upon the property thereby benefited, or for the payment of such costs by the city. Said commission may also cause buildings, structures, or other things in the way of any street, sewer or other public improvement to be taken down, removed or appropriated, upon payment of damages, as provided by law, and may enter upon, seize, appropriate and condemn for streets, alleys, sewers, drains, parks, cemeteries or other public purposes all lands, easements and right-of-way of any person, company or corporation owning, controlling or having an interest in any streams, steam railroad, or any other property, whether used for private or public purposes, and whether such lands, easements and rights-of-way or other public or private property

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be occupied by any person, company or corporation or not, upon payment of damages for the purpose so taken. And in case the parties at interest cannot agree, then the city may proceed to assess the damage as provided by the laws of Georgia, as set out in Sections 5206 to 5235, inclusive, of the Civil Code of 1910. Plenary powers over properties. Assessment of damages. Sec. 68. Be it further enacted by the authority aforesaid, That all officers and agents employed by the city, except ordinary laborers and mechanics, shall take and subscribe to an oath to faithfully perform the duties of their office, and if required by resolution of the commission, shall give bond payable to Twin City for such an amount as the said commission may designate, to be approved by the Mayor, conditioned for the faithful performance of the duties of their office. Oaths of office, and bonds. Sec. 69. Be it further enacted by the authority aforesaid, That whenever said commission shall deem it proper to pave or otherwise improve any of the streets, lanes, or alleys, or to install ony sewerage or waterworks system of said city, they shall have a survey made of the streets, sewers and waterworks system, and plans, specifications and estimates of the cost of the improvements contemplated, they shall establish and fix a grade of the streets to be improved, and shall determine the size and location of the sewers and the mains for the water system, thereupon said commission may proceed to make said improvement as hereinafter provided. Survey, etc., for streets, sewers, and waterworks. Sec. 70. Be it further enacted by the authority aforesaid, That the said Twin City commission shall have the right, power and authority to fix by ordinance and collect as other taxes are collected the amounts to be taxed against and paid by abutting property owners for paving streets or alleys, the basis of assessments to be as follows: One-third each to the respective abutting property owners, leaving one-third (1-3) to be paid by the city. When such assessment is made against such property owners, the same shall become a lien on such property,

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subject to be enforced by execution issued as provided for collecting other city taxes. Assessments of abutting property. Lien. Sec. 71. Be it further enacted by the authority aforesaid, That upon the completion of one or more sections of pavement, between any one or more intersecting streets of said city, the city commission shall ascertain the proportionate cost of such pavement, including street intersections, headers, curbing and intakes, with or without including sidewalks, chargeable to abutting owners, or other persons occupying or using said streets, and shall cause the secretary of said commission to give written notice of the result to such abutting owners, or other persons, and the amount so assessed shall be and become immediately due and payable, a copy of which notice shall be served on the owner or occupant thereof by any officer of the city, and return thereof made on the original, which original shall be kept in the secretary's office and recorded on the minutes, together with the entry of service thereon, and the city shall proceed immediately to collect the same and pay the same over to the city treasurer, to be paid out to contractors or transferees, or for material or work on pavement account as the said commission may direct. Ascertainment and payment of assessments. (a) Such abutting owners, or such other persons may, at their election pay one-fourth of the amount assessed against them in cash within ten days from the date of notice served upon them, and the remaining three-fourths in three annual installments, with interest thereon at seven per cent. per annum, payable annually from the date of such notice; provided, that on default in the payment of any one of said installments the remaining installments shall become immediately due and payable, and may be immediately collected, as herein provided. Installment payments. (b) A special lien is hereby created on and against the land of abutting owners and others for assessments so made against them, and on failure to pay

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the full amount of such assessment in cash within thirty days after the service of such notice the city commission shall, by its secretary, cause executions to be issued against such abutting owners or others for the amount of such assessment or assessments, bearing seven per cent. interest from date of such notice; but if such abutting owners, or others, shall elect to pay their assessments on the installment plan, then and in that event the secretary shall issue executions for the unpaid installments, to be held in abeyance, subject to transfer to contractors or others, as part payment of the contract price, or to be held by the city, should the city on any account be entitled thereto, but not to be levied or collected unless and until default shall be made in the payment of any one or more of said installments. Special lien. Executions. (c) The secretary of the commission may, by direction of said commission, transfer said executions to contractors or others by suitable entry thereon, and they may then be docketed as State and county tax executions are docketed when transferred under the laws of this State, and the liens herein created, thereby preserved. On the payment of all installments of said executions they shall be entered satisfied by the holders thereof. Transfer, docketing, etc. (d) Should any abutting owner, or other person, desire to contest the amount of their assessment, or the legality of any proceeding growing out of or connected with the pavement of the streets of the city, they may do so by filing with the levying officer an affidavit of illegality and stating therein the cause of such illegality, and the amount which he admits to be due, which amount so admitted to be due shall be paid to the levying officer before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Emanuel County, Georgia, and there tried and the issue determined as in cases of allegality, subject to the penalties provided as in cases of illegality filed for delay, and it shall be the duties of the Judges of the Superior Court to give

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preference to these cases over all other cases pending in said court. Affidavit of illegality. (e) The method herein provided for the collection of the proportionate parts of paving accounts, from any and all persons and corporations liable therefor in favor of contractors and other transferees of executions, is for their use and benefit, and shall not be held or taken in any event to make the city liable on account thereof, or for court costs in contested cases or in any claim. Nonliability for costs. (f) The secretary of the commission may transfer and assign without recourse on the city any execution or executions issued under this Act, and in that event the owners of such executions shall be entitled to any and all the remedies herein provided for the levy and collection of such executions by and through the officers of the city as though no transfer or transfers had been made. Remedies of transferee. (g) Whenever, in the judgment of said city commission, it shall be deemed necessary to construct curbing and guttering on any street of said city, which is not paved, said commission may by resolution or ordinance, order such curbing and guttering to be constructed, provided, such resolution or ordinance shall not be passed unless one-third of the abutting property owners to be affected shall agree, in writing thereto. Said commission shall have the right and power to fix by ordinance and collect as other taxes are collected, the amount to be taxed against and paid by abutting property owners on the street where such curbing and guttering are constructed the basis of assessment to be as follows: The respective abutting property owners to pay two-thirds of the cost of such curbing and guttering, and the remaining one-third to be paid by Twin City. When the cost of such curbing and guttering has been ascertained, and before the same shall be constructed on any street, the city commission shall give ten days written notice

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to the abutting property owners of the amount that will be due by them for such curbing and guttering. The abutting property owners may, at their election, pay one-fourth of the amount assessed against them in cash within ten days from the completion of such curbing and guttering, of which written notice shall be served upon them, and the remaining three-fourths in three equal annual installments, with interest thereon at the rate of seven per cent. per annum, payable from the date of such notice, provided, that on default in the payment of any one of said installments the remaining installment shall become immediately due and payable, and may be immediately collected. When sidewalks are laid under requirements of the city the adjacent property owners shall have the right to pay the same in installments as herein provided for payment of curbs and gutters. Curbing and guttering. Assessments and payments. (h) The rights and remedies of abutting property owners and of Twin City as laid down and provided in Subsections (b), (c), (d), (e) and (f) of this section of this Act shall apply to and be in force in regard to the curbing and guttering provided for in Subsection (g) of this Act. Rights and remedies. Sec. 72. Be it further enacted by the authority aforesaid, That it shall be the duty of the Mayor, and he is given full power and authority to improve, keep in repair, light and clean, so far as the same is possible, within the appropriations made by the commission for such purposes, the streets, sidewalks, crossings, bridges, lanes, alleys, waterworks, public buildings and grounds, sewers, drains and other property of said city, except where otherwise provided in this charter, either by contract or by agents and employees of the city, and shall have authority to purchase all necessary materials and implements for any and all such work to be done, and shall also have complete control and authority over any new construction work of any kind which may be determined upon and ordered by the commission. Said city commission

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shall determine and pass ordinances providing for all new construction work upon the streets, sidewalks, crossings, bridges, lanes, alleys, sewers, drains, waterworks, public buildings and grounds, and other public property, and shall also provide the character and quality of materials to be used. Said work to be done under the supervision and control of the Mayor. In the event any work is done by contract, under the provisions of this section, such contracts shall be made after due advertisements for proposals, with the right reserved to reject any and all proposals, and in the event of any contract being made, the contractors shall execute a bond, payable to Twin City, in an amount equal to the contract price, by a surety company authorized to do business in this State, conditioned for the faithful performance of said contract. Before beginning to pave any street, the said commission shall fix and designate the location and position for telegraph, telephone, electric light and power poles and wires thereon, and shall have power and authority to require the owners or persons using the same to place the same as thus located. Repairs, lights, etc. Sec. 73. Be it further enacted by the authority aforesaid, That the said commission shall have full power and authority to lay out, establish, plot, open, widen, narrow, straighten, extend, grade or pave streets, lanes, alleys, public grounds, parks, public buildings, bridges, viaducts, markets and other places within the said city, and whenever the city commission shall exercise or desire to exercise power of establishing, plotting, opening, widening, narrowing, straightening, extending, or to do anything else which would involve the actual taking of private property, they shall proceed to do so as is now provided by the laws of the State of Georgia, in Sections 5206 to 5235, inclusive, of the Civil Code of Georgia of 1910, and the amendments thereto, or any amendment that may hereafter be made. Streets, etc. Condemnation.

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Sec. 74. Be it further enacted by the authority aforesaid, That said commission shall have full power and authority to construct and install a waterworks system and to construct and install a sewerage system for said city; it may lie within or without the limits of said city; to issue bonds for both of said purposes as allowed by law and the constitution of Georgia; to make such extensions and betterments thereof as may be made by the appropriation of any surplus income therefrom or by any appropriation made from other funds by said commission for either or both of said purposes; to regulate the distribution and use of water in all places and for all purposes, and from time to time to fix the price and payment for the use thereof. The secretary of the commission shall issue execution against tenants and landlords, jointly and severally, for water rents due by them, or either of them, to be levied and collected by the chief of police of said city in the same manner and under the same rules and regulations as now apply to constable's sales in this State, and the cost thereof shall be the same as now apply to such sales. Defendants in such executions who are not so indebted for water tax, may resist the payment thereof by illegality, returnable to either the Justice Courts held in the 1560th District of Emanuel County, Georgia, where the amount does not exceed one hundred ($100.00) dollars, and to the City or Superior Courts of Emanuel County, where the amount exceeds that sum. The Mayor is authorized to require payment in advance, or at maturity, for water furnished by the city in or upon any building, place or premises, and in case payment shall not be made as required, to shut off the water from such buildings, place or premises and to keep the same, at his discretion, shut off until the arrears due for water, with interest thereon, shall be fully paid; and by himself, officers or agents, to enter any dwelling or other house where water is taken or used and where unnecessary waste is known or suspected, and to examine the cause thereof, and to prevent

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any such waste; and to make or require to be made any alteration in the pipes, stopcocks or other apparatus necessary for such purpose; to examine all surface pipes, stopcocks and other apparatus connected with said system, and to ascertain whether the same are of the character and dimensions fixed in the manner directed therefor and to shut off the supply of water until such examinations and repairs are made. Waterworks and sewerage. Regulations, rates, payments, etc. Sec. 75. Be it further enacted by the authority aforesaid, That said commission may provide for and collect such annual rental as may be provided by ordinance for each connection made to any sewer in said city from any residence or other place or building therein. Sewer rentals. Sec. 76. Be it further enacted by the authority aforesaid, That said commission shall have power and authority to act as a board of health and shall have power and authority: Health-board powers in detail. (a) To prevent the deposit of any unwholesome substances either on public or private property, and to compel removal to any designated point any substances so deposited; to require slops, garbage, ashes and other waste, or unwholesome material, to be removed to designated point, or to require occupant of premises to place them convenient for removal. They may provide for the destruction of such substances or their use for some beneficial purpose. (b) To control the occupants or owners of any premises, buildings or outhouses when the same has become filthy or unwholesome, to abate or cleanse the same, and to authorize such cleansing to be done by the proper public officer, and to assess the expenses thereof and collect such expenses from said occupant or owner. (c) To establish quarantine regulations and to authorize the removal to designated places or the confinement of persons having infectious or contagious diseases.

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(d) To compel all persons living or coming within the city limits to be vaccinated, and to provide the means and manner thereof. (e) To regulate and require reports and records of births and deaths. To make such requirements as may be deemed necessary to prevent the spread of contagious or infectious diseases, and to make all regulations that may be deemed expedient for the promotion of health and the suppression of disease. (f) To require the inspection of water pipes, plumbing, sewerage and drainage of private premises, or elsewhere and compel them to be repaired or made safe and secure by the owners or occupants of the premises or buildings with which they are connected, and on failure of such owner or occupant to do so, to authorize or require such connections to be cut off until such repairs are made. (g) To provide for the inspection of food, milk, dairies, markets and slaughter pens, and for the proper enforcement of this clause said commission may provide for a food inspector of said Twin City, to be appointed by the Mayor, subject to approval of the commission, and to fix by ordinance his term of office, compensation and duties, or said Mayor may select some other official of said city to perform these duties. The said inspector provided for in this clause shall have authority to visit all dairies, butcher pens, or places where animals are slaughtered, within the County of Emanuel, the products of which are offered for sale within the corporate limits of Twin City, and to condemn the same in accordance with such rules and regulations as may be provided by said commission by ordinance; and when such establishments have been so condemned it shall be unlawful for any person to sell, or offer for sale, the products thereof within the corporate limits of Twin City, and to condemn the same in accordance with such rules and regulations as may be provided by said commission by

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ordinance; and when such establishments have been so condemned it shall be unlawful for any person to sell or offer for sale the products thereof within the corporate limits of Twin City, and the said commission is authorized and empowered to prescribe penalties for violation of this clause; said inspector shall also have authority to inspect all meats, vegetables, fruits, milk, and other food products offered for sale within the corporate limits of said city, and to condemn and have same destroyed in accordance with such rules and regulations as may be provided by said commission by ordinance. Such commissioner is also empowered to require all persons offering meats, milk, or other food products for sale within the corporate limits of said city, to obtain a permit to do so before offering such meats, milk, or other food products for sale. (h) Said commission may establish, erect, maintain, open, construct, and keep in repair garbage and sewer disposal works, sewers, drains, and ditches; they are empowered to regulate all water closets and privies within said city. (i) Said commission shall have full authority and power to provide such rules and regulations as may be necessary for the proper sanitation of said city and for the protection of the public health. (j) Said commission is authorized to pass all necessary ordinances and fix penalties for the enforcement of this section and each subdivision thereof. Sec. 77. Be it further enacted by the authority aforesaid, That it shall be the duty of said chief of police and police officers to preserve the peace, protect life and property, prevent as far as possible, the violations of the ordinances of said city and the laws of said State; and arrest such offenders against such ordinances and laws, and to perform such other duties required of them, incident to their office. It shall be lawful for the chief of

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police, policeman or any other arresting officer of said city to arrest with or without warrant, subject to the general laws of the State, any person or persons within the corporate limits of said city who, at the time of said arrest, or before that time, have been guilty of violating any of the ordinances of said city, the laws of the State of Georgia, or who are fugitives from justice found in said city, and hold such persons so arrested until a hearing of the matter before the proper officers having jurisdiction of said case can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison for a reasonable length of time. Said officers are authorized to the same extent as sheriffs to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State; and they are hereby vested with all the powers given to sheriffs of this State as to the pursuit, arrest and detention of persons charged with crime. The said officers are also authorized to arrest anywhere within the limits of the County of Emanuel, any person charged with violating any of the ordinances of said city; provided, that when the arrest is not made within twenty-four hours after the offense is committed, they are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the recorder, or Mayor, of said city. The said chief of police, or other arresting officer, of said city may take bonds for the appearance of persons arrested by them, before the recorder's court for trial, and all such bonds may be forfeited as provided in this charter. Said arresting officer shall be entitled to receive the same fees as sheriffs for execution of State warrants and for performing such other duties as arresting officers are required to perform in prosecution of offenses against the laws of the State of Georgia. Police officers' duties and powers. Arrests, with and warrants, without etc. Sec. 78. Be it further enacted by the authority aforesaid, That all arresting officers of Twin City, as provided

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in this charter, shall have the power and authority to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinances of said city, or any laws of this State, and the city commission shall provide punishment for any person or persons failing or refusing to obey such summons. Aid in arrests. Sec. 79. Be it further enacted by the authority aforesaid, That said commission is hereby empowered to provide for the inspection and regulation of all electric works and wiring, and the plan of operating of all moving pictures, or other machines or plants by machines of electricity or private property or elsewhere, and to compel such work, if defective, to be repaired or made secure by the owner or occupant of the place or building with which such wires or electric apparatus is connected, and on failure of any owner or occupant so to do, to require the electric current and other connections to be cut off until such repairs are made or defects remedied and said commission is authorized to compel compliance with such requirements, and the building inspector or other agent of said city may be empowered by said commission to compel the enforcement of this section of this charter. Electricity. Sec. 80. Be it further enacted by the authority aforesaid, That said commission is empowered to define the fire limits of said city and to regulate the character of building and the erection thereof within such limits; to limit the height to which buildings may be erected in the city; to regulate the construction of buildings as to foundation, walls, roofs, doors, windows and floors, so as to secure safety in the structure and to prevent the spread of fire; to authorize, require and provide for the inspection of such buildings and structures erected, or to be erected, or in process of erection; to require the permit for erection of any building and to authorize the revoking of such permit, and the condemnation of any building already erected in whole or in part and to provide penalties for violation of this section. Fire regulations.

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Sec. 81. Be it further enacted by the authority aforesaid, That said commission is empowered to compel persons about to undertake any work which may be dangerous, or is likely to involve liability upon that city, to execute a bond with good and sufficient security, conditioned for the payment of any damage that may be sustained by any person for such work. Damage bonds. Sec. 82. Be it further enacted by the authority aforesaid, That Twin City, through its commission, is hereby authorized and empowered to erect and operate an electric light and power plant, to be owned by said city, with authority to furnish lights and power for the streets and other public places in said city, and, in the discretion of said commission, to furnish lights and electric power to private persons within said city and its vicinity, and to charge and collect for such private lights and power. Electric works. Sec. 83. Be it further enacted by the authority aforesaid, That for the purpose of extending the eletcic light plant of said city, or for making any addition thereto, the said city shall have authority to issue bonds pursuant to the provisions of the constitution of the State of Georgia and the laws of said city. Electric-light bonds. Sec. 84. Be it further enacted by the authority aforesaid, That the said city commission is authorized to erect and operate an electric plant as herein provided out of any funds not specifically appropriated which may come into their hands by virtue of the taxing powers of said city, or by virtue of the sale of the bonds hereinbefore provided for, or they may levy a special tax in addition to the tax now authorized by law, upon all the real and personal property in said city sufficient to raise an amount that may be necessary for the erection and operation for such plant, to be determined by said commission, and the special tax herein authorized may, in the discretion of the commission, be divided into such annual assessments as said commission may determine, not exceeding four, the said commission to have authority to make

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a contract with any persons who may erect said plant and pay for the same, in whole or in part, in said bonds, the said bonds to be received by said person or persons at not less than par value, said special tax herein authorized to be levied shall in no event exceed one-half of one per cent., upon the real estate and personal property of said city, and the same may be collected in quarterly, semi-annual or annual installments as the commission may determine. Electric works. Special tax. Rate. Sec. 85. Be it further enacted by the authority aforesaid, That the commission of Twin City is hereby authorized to operate said electric light and power plant as one of the departments of said city, under the supervision of the Mayor, or under any existing department of said city, or they may organize a separate department for the purpose of running said plant. In either event the operating body shall have such power and authority as the commission may by ordinance determine. Operation of power plant. Sec. 86. Be it further enacted by the authority aforesaid, that said Twin City shall have power and authority to erect, operate and maintain an ice manufacturing plant, to manufacture ice and sell the same to the citizens of Twin City and vicinity, and shall also have power and authority to erect and operate same by direct taxation under the same terms and conditions as hereinbefore specified for the erection and maintenance of an electric light plant; and in either event all of the rights, powers and privileges conferred upon the city with reference to an electric light plant are conferred upon said city with respect to said ice manufacturing plant. Ice works. Sec. 87. Be it further enacted by the authority aforesaid, That any officer of said city who may be sued for any act done in his or their official capacity may justify under this charter. Officers may justify. Sec. 88. Be it further enacted by the authority aforesaid, That said commission is hereby authorized and

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empowered to rearrange, increase or diminish the number of wards in said city, provided the same shall not exceed five (5); fix the boundaries of the different wards in said city, and if found expedient, to establish as many voting precincts as they may deem proper. Wards of city. Sec. 89. Be it further enacted by the authority aforesaid, That the Twin City commission is hereby empowered and authorized to pass such ordinances as may be necessary to secure the safety of citizens and other persons in the running of trains or cars in or through said city, whether propelled by steam, electricity or other motive power; are authorized to require persons or corporations owning or operating railroads to construct cattle guards and street crossings at the intersection of public roads or streets and to keep the same in repair and safe condition for persons on foot, in vehicles or otherwise; to require such persons or corporations to provide protection against injury to persons or property from the operation of such railroads, trains or cars; to compel railroad companies to so construct their tracks in the streets and at the crossings as not to interfere with the drainage of the streets and alleys and to keep the tracks on grade level with the street; to require railroads, or persons owning or operating such roads, to keep gutters and street crossings clean along their right-of-way; to prohibit the laying of railroad tracks across or upon any street, alley or public place without permission being first obtained from said commission therefor, and to provide for the taking up and removing of any track so laid without notice and charge the expense thereof against the offending person or corporation; to require railroad companies now occupying, or that may hereafter occupy with their tracks, any of the streets, alleys or other public places of the city; to improve in such manner as the city commission may direct, so much of the streets, alleys or other public places as is occupied by such tracks and two (2) feet on each side thereof, and in case there are two or more to require such railroad to

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improve also the place between such tracks and cause such improvements to be made and assess the cost thereof against such railroad, and make such assessments a lien on the property of such company and collect the same in the same manner as against other property in said city; to compel persons or corporations owning or controlling railroads to keep their depots, stations or other places where passengers get on and off the cars, lighted, heated, cleaned and in good, comfortable condition, and in default thereof to provide a punishment for their violation of ordinances adopted in relation thereto. Railroads; regulation. Sec. 90. Be it further enacted by the authority aforesaid, That said commission shall have power and authority to grant franchises, permits, easements and rights-of-way in or under and over the streets, alleys, lanes, sidewalks, parks and other property of the city upon such terms, reservations and conditions as the commission may fix; provided, however, that the same shall not be granted for a longer term than twenty (20) years. Franchises, easements, etc. Sec. 91. Be it further enacted by the authority aforesaid, That when, in accordance with the provisions of this charter, except as may otherwise be specifically provided herein, and change, alteration or work of any kind is ordered done by the commission of said city, or any of its duly authorized agents or agencies, and the person, firm or corporation ordered to do the same fails or refuses to do within the time fixed, and upon such default, the city may make such changes, alterations or work that the commission or its duly authorized agents shall have the power and authority to assess the total cost thereof against the said person, firm or corporation in default, and it shall be the duty of the secretary to issue execution forthwith against such person, firm or corporation thereof, which execution may be enforced in the same manner as tax fi. fas.; said execution shall be

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a lien against the property of such person, firm or corporation next in dignity to taxes. Alterations, etc. Sec. 92. Be it further enacted by the authority aforesaid, That all legal ordinances heretofore adopted by the legislative authority of the City of Summit and of Graymont, and which are now in force, and are not inconsistent with or repugnant to or have been repealed by this Act, shall remain in full force and effect, provided, that said Twin City commission may at any time alter, amend repeal any of said ordinances as is herein provided, and they may adopt such new ordinances as they may deem best, not inconsistent with this charter, the constitution and laws of the State of Georgia and the constitution and laws of the United States of America. Ordinances remaining of force. Sec. 93. Be it further enacted by the authority aforesaid, That all officers, heads of departments and subordinate employees shall be subject to removal or discharge by the person or persons appointing them, with or without cause, at any time, except in this charter otherwise provided, and the Mayor may likewise remove, with the approval of the commission, any employee of any department whose original appointment requires his approval under the provisions of this charter. Removal of officers and employees. Sec. 94. Be it further enacted by the authority aforesaid, That said city shall have power to acquire by condemnation or other lawful means, rights-of-way for streets, lanes and alleys, sewers and drains, through and upon lands outside of and beyond the corporate limits of said city, for the purpose of connecting the streets, lanes and alleys of said city with public highways outside of the city limits, and the sewers and drainage within the city with streams and watersheds beyond said corporate limits, whenever and wherever such connections are ordered by proper corporate action by the city authorities, with power and jurisdiction to build, construct, maintain, protect and police such extra urban streets, alleys,

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lanes, sewers and drains as complete as if they were located within said city limits. Whenever it is necessary to condemn any property for the purpose above indicated, the same shall be done in the same manner and under the same rules and regulations provided in this charter for the condemnation of property within the city limits. Rights-of-way streets, sewers, etc. Sec. 95. Be it further enacted by the authority aforesaid, That the secretary of the commission shall be required to keep the books and records of all departments of the city government, except where otherwise provided in this charter, including the minutes and records of the commission. Keeping of records. Sec. 96. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until first Monday in January, 1921. Effective Jan. 3, 1921. Sec. 97. Be it further enacted by 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, 1920. UNADILLA, CITY OF, INCORPORATED. No. 578. An Act to create a charter for the City of Unadilla, in the County of Dooly, and to incorporate said City of Unadilla and define its territorial limits; to continue in operation, confirm and consolidate all Acts heretofore passed incorporating the Town of Unadilla and amending the charter thereof; to change its corporate name; to provide that all ordinances, rules, regulations and resolutions of said Town of Unadilla now of force and not in conflict with this Act be preserved and continued of force and remain valid and binding until the same are repealed or amended; to declare

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and constitute the powers and rights of said corporation; to prescribe the rights and powers, duties and liabilities and qualifications of all officers and manner of their election and removal from office; to provide for the retention in office of the present officers of said city until the elections provided for in this charter are held; to provide for the manner and time of all elections in said city; to provide for the qualifications of all electors and voters therein, and for the registration of the same, and the time in which the registration books of said city shall be opened; to provide for recorder's court and the trial and punishment therein of all offenders against the laws of said city, and the manner of appeal therefrom; to provide for a city chaingang and stockade and the working of prisoners therein and the regulations and management of the same; to provide for a fire department and the officers thereof; also a board of health; to provide for the proper regulations of the water and light system of said city; to authorize the Mayor and Aldermen to maintain and operate a system of waterworks and sewers, and electric plant; to acquire by purchase or otherwise, own and equip ice plants and cold storage plants, in connection with the waterworks system or otherwise, and to do and perform all acts in connection with ownership and operation of and conduct of the same; to authorize said city to borrow money; to hold elections for issuing bonds for public purposes and improvements, and other evidences of debt for like purposes; to regulate cemeteries; to grant and regulate franchises; to provide rules and regulations governing public service corporations; to provide for streets, avenues, lanes, alleys, sidewalks and crossings, and for the laying out, opening, grading, working and paving and curbing the same; to provide for the opening up of all streets and alleys, and the paving and curbing of all streets and squares and avenues and the assessment

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against the abutting property owners for such improvements and to determine who shall bear the expense of paving certain crossings and squares in said city, and the creations of liens against the owners of the property affected by such improvements; to provide for the proper condemnation of property for public purposes; to abate nuisances; to create and maintain a chamber of commerce; to provide for the assessment, levy and collection of an ad valorem tax on all property, real and personal, for general purposes, and for the paying the principal and interest on the bonded debt, and providing the manner in which the money shall be raised and applied; to authorize the assessment and collection of a street tax for street work and improvement; to provide for the taxation and license of all kinds of business, trades and professions, shows, exhibitions and entertainments in said city; to provide for the maintenance, regulation and supervision of the public schools of said city; to issue bonds from time to time for the improvment of the same; to prohibit the sale of all intoxicating liquors in said city; to prohibit the keeping or storing for illegal purposes of all intoxicating liquors; to provide for search for the same and the seizure and destruction thereof and the punishment of the offenders; to grant encroachments on the streets; to force the connection of all closets, etc., with sanitary sewers; to provide for a penalty for failure to do so; and to regulate the manner in which the city shall do such work; and hold and enforce a lien against the owner and property for such work; to provide for the general policing and all other police laws, and the general welfare of the inhabitants of said city; to provide for all matters and things necessary or proper and incident to a municipal corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the

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authority of the same, That from and after the passage of this Act the City of Unadilla, in the County of Looly, is hereby incorporated. Its corporate limits shall be in the form of a square, two miles north and south, and two miles east and west; the center of said city shall be a cornerstone on the right-of-way of the Georgia Southern and Florida Railway; said cornerstone being on the south side of Borum avenue, and west side of east side of East Railroad avenue, and being at the intersection of said streets. Territorial limits Sec. 2. The municipal government of the City of Unadilla shall consist of a Mayor and six Aldermen, who are hereby constituted a body corporate under the name and style of the `Mayor and City Council of Unadilla, and by such name they shall have perpetual succession, with power and authority to contract and be contracted with; to sue and be sued; to plead and be impleaded; to have and use a common seal; and they shall be able in law or equity to purchase, have, hold, and enjoy, receive, possess and retain to them and their successors in office, for the use and benefit of the City of Unadilla in perpetuity or for any term of years any estate or estates, real or personal, of every kind and nature within or without the corporate limits, for corporate purposes. To have and to hold all property now belonging to the city either in its own name or the name of others to the use of said city for the purpose and intents for which the same was given, granted, dedicated or purchased; to use, manage, and improve, sell, convert, rent or lease the same; and shall have like powers over the property hereinafter acquired; and shall succeed to all the rights and liabilities of the present corporation. They shall have power to borrow money and give evidences of indebtedness for the same; to issue bonds from time to time, and to do and perform all and every act and acts necessary or incidental to the raising of funds for the legitimate use of said city. They shall have the right, power and authority to govern themselves by such rules, laws, by-laws,

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regulations, ordinances or other orders as they may deem proper not in conflict with this charter or the constitution and laws of this State or of the United States. Corporate name. General powers. Sec. 3. All the present officers of said city shall hold their offices until the expiration of their present terms, and until their successors are elected and qualified, except as herein provided. The term of office of Mayor and Aldermen shall be two years and until their successors are elected and qualified. Present officers. Term of office. Sec. 4. The general election for Mayor and Aldermen shall be held on Tuesday after the second Sunday in December of each year as follows: The first election under this charter shall be held on Tuesday after the second Sunday in December, 1920, for the election of three Aldermen, as heretofore, to succeed the Aldermen whose term will expire at that time; on Tuesday after the second Sunday in December, 1921, an election shall be held to elect a Mayor and three Aldermen, as heretofore, to succeed the Mayor and Aldermen whose term will expire at that time; and said election shall continue annually in this manner. Election annually. Sec. 5. All persons who have been bona fide residents of said city sixty days before the day of election who, before registering as hereinafter required, have paid all taxes of every description legally imposed and demanded by the authorities of said city, who shall have been duly registered as hereinafter provided, and who shall be qualified to vote for members of the General Assembly shall be qualified electors. Voters qualified. Sec. 6. Such elections shall be conducted under the management of a Justice of the Peace and two freeholders, who are residents of said city and not candidates in said election; or in the absence of a Justice of the Peace, and three freeholders, residents of said city, and not candidates in said election, may manage same. Said managers shall conduct said election, as near as practicable,

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as election for members of the General Assembly are conducted. The polls at such elections shall be opened at 8:00 o'clock, a. m., and closed at 5:00 o'clock, p. m. The Mayor and Aldermen shall appoint the said election managers in accordance with the provisions of this charter. The Mayor and Aldermen may designate two or more polling places, if occasion should require, and may also appoint three freeholders as managers of the same. Conduct of elections. Sec. 7. The managers shall each, before proceeding with the election, take and subscribe the following oath: All and each of use do swear that we are qualified by being freeholders or Justice of the Peace, as the case may be, to hold this election; that we will make a just and true return thereof; and not knowingly prohibit any one from voting who is entitled; that we will not knowingly divulge for whom any vote was cast, unless called upon under the law to do so, so help us God. Oath of election managers. Sec. 8. The affidavit on oath shall be signed by each manager in the capacity in which he acts; said oath shall be subscribed before some officer authorized to administer oaths, if any such be present, and if no such officer be present, said oath shall be made and subscribed by each manager in the presence of the others. The managers of said election shall proceed to count out the ballots and declare the results, and issue certificates of election to the Mayor-elect and Aldermen-elect; then it shall be the duty of the managers, at any election held under the provisions of this law, after the ballots have been counted and the results ascertained, to replace all the ballots in the ballot boxes, together with a list of the voters and the tally sheets, and carefully seal the same, and deposit the same with the clerk of the Superior Court of Dooly County, who shall preserve the same and deliver it only as herein provided. That the certificates thus issued as herein provided for shall be sufficient authority to the person so elected to enter upon the discharge

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of their official duties, after qualification as hereafter provided. Affidavit. Managers' duties. Sec. 9. The manager of each election shall issue to the newly elected Mayor and each of the newly elected Aldermen, a certificate, and shall also certify the result of the election to the acting Council, which last certificate shall be entered upon the records of said Mayor and Aldermen. Said managers shall also furnish the City Council one of the tally sheets of said election, certified to by them as being correct. Certificates of election. Sec. 10. Be it further enacted, That in the event any one desires to contest any election had in said city, said contest shall be conducted under the rules and regulations now prescribed by law, and it shall be the duty of said clerk of the Superior Court to produce the ballot box and deliver it to the Justice of the Peace, or other officer who shall be selected to take evidence in said case, or before some other officers who may be designated by law to take testimony in the contest. The said clerk shall produce said box and its contents at the time and place fixed for taking testimony in said contest. And whenever he may be required to produce said box and its contents on on account of said contested election, he shall be allowed five dollars for such services, to be paid out of the treasury of said city. Contest of election. Sec. 11. Be it further enacted, That in the event that any contest for any of said offices is instituted, that the said certificate of election shall not be delivered by the managers of said election until the contest is heard and determined as now required by law in such cases made and provided. And it shall be the duty of the officers in commission at the time said election is held to continue to discharge the duties of their offices until said contest is heard and determined. Status pending contest. Sec. 12. In the event that the office of Mayor, or any Alderman shall become vacant by death, removal, disqualification,

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resignation, or other cause, the Mayor protem., or the Aldermen, if both said offices shall be vacant, shall order an election of which at least ten days' written notice shall be given, by publication in some newspaper published in said city; also by posting the notice at three public places in said city, to fill the vacancy or vacancies; said newly elected person to fill out unexpired term only. Election to fill vacancy. Sec. 13. Before entering upon the discharge of their respective offices the Mayor and Aldermen shall each make and subscribe the following oath: I do solemnly swear that I will faithfully discharge all duties devolving upon me as Mayor (or Alderman as the case may be), of the City of Unadilla, during my continuance in office, according to the best of my ability and understanding, so help me God. Said oaths shall be entered upon the records of said city. Oath of office. Sec. 14. The Mayor and Aldermen shall elect annually, at the first regular meeting of the City Council, immediately following the regular election held in December of each year, a Mayor pro tem, from the Aldermen whose duty it shall be to act in all cases as the Mayor in the absence, disqualification or sickness of the Mayor, during which time he shall be clothed with all the necessary powers of the Mayor; also elect a clerk and treasurer, city marshal, or police chief and such number of policemen as they may deem best for the protection of the city; and they may also from time to time increase the number of policemen as the growth of the city may require; they shall also have the right to pass such rules and regualtions and ordinances for the management of the police force as they may deem necessary; all of said officers shall hold their offices for one year and until their successors are elected and qualified. Mayor pro tem. Municipal officers. Policemen. Sec. 15. Any of said officers may be removed at any time by a majority vote of the Mayor and City Council, for neglect of duty, incapacity, or malfeasance in office.

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All of said officers shall be governed by such rules and regulations as may be prescribed by the Mayor and City Council, which are not inconsistent with this Act. The Mayor shall have the authority to suspend any police officer temporarily, in his discretion, until the next reguar meeting of the Mayor and Aldermen, when such officer shall be given a trial. Removal and suspension. Sec. 16. The Mayor and City Council may also appoint special policemen, when, in their judgment, such appointment may be necessary. Such policemen shall be discharged when the emergency requiring their service has passed, and to be compensated as the Mayor and City Council may determine; or the City Council may by ordinance provide for the appointment by the Mayor at a fixed compensation per day, week, or month, of such special policemen. When such policemen are on duty they shall have the same authority, and be charged with the same duties as prescribed for the regular policemen of the city. Special policemen. Sec. 17. Be it further enacted, That in no case shall the corporation herein created be liable for damages to any person or persons for any unlawful or unauthorized arrest or false imprisonment made or effected by the marshal, chief of police, or any other policeman of said city; but if damages are ever thus sustained they can only be recovered out of the officer or officers whose unlawful or unauthorized conduct may have produced them. Non-liability in damages. Sec. 18. Be it further enacted, That the municipal government of said city shall be vested in the Mayor and six Aldermen, and such other officers as the Mayor and Aldermen may see fit to elect and appoint as hereinafter provided. That said Mayor and Aldermen shall constitute the legislative department of said city, and as such shall have full power and authority, from time to time, to make and establish rules, laws, ordinances, regulations, and orders, as may to them seem right and proper, respecting streets, railroad crossings, street

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railways, automobiles, vehicles of any kind propelled by gasoline or electricity; bicycles, carriages, drays, hacks, wagons, airships, livery stabes and sales stables, warehouses, theaters, picture shows, and all kinds of shows ter houses, butcher pens, public houses, hotels, boarding houses, sleeping apartments, restaurants, cafes, opera houses, theaters, picture shows, and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms and all other places of amusements; garages, shops, mills, factories, ginneries, barber shops, soda fountains, beer saloons, telephone and telegraph companies; gas, water and light, and electric companies, power companies; also the manner of erecting and wiring telegraph and telephone poles within said city; booths, stands, tents, and all and every other matter and thing whatsoever that may be by them considered necessary or proper or incident to the good government of said city, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city, and for preserving the peace, good order and dignity of said government. This enumeration of powers shall not be construed as restricted to said powers alone, shall incude all and every other thing and act necessary or incident to municipal government, and shall not conflict with any special power or authority given said city government by this Act or by any Acts heretofore passed, but shall be construed as in addition to and in aid of such powers, that are not repealed by this Act. Municipal officers. Legislation and regulation. General welfare. Powers not restricted. Sec. 19. Be it further enacted, That it shall be the duty of the city clerk on the first Monday in October of each year to open a registration book, to be kept at the Council chamber for the proper registration of the qualified voters of the City of Unadilla, said book shall be kept open from eight to o'clock, a. m., until twelve o'clock, noon, and from two o'clock, p. m., to four o'clock, p. m., each and every day, except Sundays and legal holidays, until the first Monday in November following when it

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shall be finally and absolutely closed, provided, that all persons who shall register under the provisions of this Act and this section shall be permanently registered, and his name shall not be removed from said registration list, except for causes such as death, rmoval, or nonpayment of taxes, after said permanent registration list is once made up. Registration of voters. Sec. 20. Be it further enacted, That it shall be the duty of the clerk, upon application in person, and not by proxy, of any male person who is qualified to vote for members of the General Assembly, who has paid all taxes of whatever character legally imposed or demanded by the authority of the city, and who upon the day of the election, if then a resident of said city, will have resided in said city sixty days prior thereto, to register the name of such person, recording on said list, besides the applicant's name, age, occupation, or business, and the locality in the city where he resides. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, nor refuse any one who is entitled to register, and shall administer to him the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in Georgia twelve months, in this county for six months, and in this city for sixty days next preceding this registration, or that by the date of the next city election, if still a resident of this city, you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the day of the election; that you are twenty-one years old; that you have paid all taxes due the City of Unadilla; that you have made all the returns required of you by the ordinances of this city; so help you God. Who qualified. Oath on registration Sec. 21. Be it further enacted, That there may be an appeal from the decision of the registrar or clerk as to the right of a person to register, to a committee of three freeholders previously appointed by the Mayor and Council for that purpose, whose decision shall be final.

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All appeals shall be made, heard and determined within five days from the time the appeal shall be filed. After all appeals are decided it shall be the duty of the clerk or registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of the same. The registration book shall be open to the public for inspection at all times during office hours. The said committee shall have authority to purge said registration list of all illegal voters upon five days written notice to the person or persons who have registered illegally. Appeals. List of voters. Sec. 22. It shall be the duty of the clerk or registrar to furnish the managers of election at or before the opening of the polls on the day of election, with a complete list of all the registered voters, arranged in alphabetical order, certified to by the clerk or registrar under the corporate seal of the city. Said list shall be kept by the managers, before them, for their inspection during said election, and they shall not permit any one to vote whose name does not appear on said list. Alphabetical list. Sec. 23. Be it further enacted, That all elections held at any other time than the regular election, as above provided for, such as for issuing of bonds by the Mayor and Aldermen, and in all special elections for any purpose whatever, a special registration book shall be had for such election, and said registration book shall be opened by the clerk of said city, for the proper registration of all persons who may be entitled to register, for a period of thirty days before said special election, but they shall be closed finally ten days before the day of election, and the list made up as above provided for, relative to the general election; and that at all elections in said city it shall be the duty of the Mayor in conjunction with the chief of police of the City of Unadilla and other officers to take all necessary steps and precautions to preserve order, and to secure all electors the right to deposit their ballots without harm or intimidation. Special registration.

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Sec. 24. Be it further enacted, That no person shall be eligible to hold the office of Mayor or Alderman in said city unless he be twenty-one years old, a qualified elector of the City of Unadilla, and shall have resided within the corporate limits of said city for a period of two years immediately preceding the election. Eligibility of mayor. Sec. 25. The salaries of all officers of the City of Unadilla shall be fixed by the Mayor and Council, at the first regular meeting of the City Council, immediately following the regular election held in December of each year, which salary shall not be increased or diminished during the term of office of said officers. Salaries. Sec. 26. Be it further enacted, That the Mayor shall be the chief executive officer of the City of Unadilla, and shall have general supervision over its affairs. He shall sign all deeds and contracts, except deeds made for property sold under execution at public sale, which shall be signed by the marshal; approve all bills and vouchers for payment of money, and shall be clothed with veto power as hereinafter set out. Mayor's duties and powers. It shall be his duty to see that the laws and ordinances of the city are faithfully carried out and executed within the corporate limits of said city. He shall recommend such measures as he may deem necessary or expedient for the welfare of the city. He shall preside over all meetings of the board of Aldermen; and may call them together at any time when deemed necessary by him; he shall devote such of his time as is necessary to the faithful discharge of his duties as Mayor. Sec. 27. Be it further enacted, That should the Mayor or any member of the board of Aldermen be guilty of malpractice in office, wilful neglect, or abuse of the powers conferred upon him, or shall be guilty of any other act or acts unbecoming an officer of the City of Unadilla; he shall be impeached by the board of Aldermen, by a majority vote of the entire board of Aldermen of

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said city and upon conviction shall be removed from office. Impeachment and removal. Sec. 28. Be it further enacted, That the police force of said city shall consist of a chief of police, marshal and such other officers and men as the Mayor and Aldermen may by ordinance prescribe. Their term of office shall be one year, but they may be discharged or suspended at any time by the Mayor and Aldermen, after trial, for neglect of duty, incapacity, conduct unbecoming an officer, or other like offense when in their judgment it is best for the good of the service or to the interest of the city. The compensation of such officers shall be fixed by the Mayor and Aldermen. The chief and the other police officers shall preserve the peace of the city, and they shall have the power and authority to arrest all persons within said city guilty or charged with a violation of any of the rules and ordinances of the city. They shall have the power and authority to confine all persons arrested, in the city prison or in the common jail of Dooly County, and bring them before the recorder's court for trial or commitment; provided, that all persons not intoxicated, desiring to give bail or a cash bonus for their appearance before such recorder's court in bailable cases shall be allowed to do so; such appearance bonds when so given, shall on the failure of such person to appear for trial, be forfeited under the same rules and in the same manner as bonds returnable to the Superior Court; the proceeds of such forfeiture, after paying the cost, shall be paid into the general fund of said city. The Mayor and board of Aldermen shall have power to prescribe all rules and regulations from time to time, for the general management and discipline of said police force of the city. Police force. Duties and powers. Sec. 29. Be it further enacted, That the chief of police shall give bond, payable to the Mayor and Aldermen, in the sum of five hundred ($500.00) dollars, for the faithful performance of his duties as such; or said bond

Page 1719

may be increased in the discretion of the Mayor and Aldermen. In the case of death, resignation or removal from office of the chief of police, the Mayor, or in his absence the Mayor pro tem., and in his absence the board of Aldermen, shall appoint some person to perform the duties of the chief of police, until the next regular meeting of the board of Aldermen, when the Mayor and Aldermen shall elect a successor for the unexpired term of said chief of police. Chief of police. Sec. 30. Be it further enacted, That the clerk and treasurer of the City of Unadilla shall give bond in the sum of five thousand ($5,000.00) dollars, with good security, conditioned for the faithful performance of his duties as clerk and treasurer of said city, which bonds shall be payable to the Mayor and City Council of Unadilla, and approved by the Mayor. He shall also take and subscribe an oath before the Mayor that he will to the best of his ability, faithfully perform the duties of his office without favor or partiality. Clerk and treasurer. Sec. 31. Be it further enacted, That it shall be the duty of the city marshal to levy and collect all executions for taxes or other money due the city; to advertise and conduct all sales of property under execution or other process, execute deeds and other conveyances usual in such cases, and to perform such other service as the Mayor and Aldermen shall by ordinance require. He shall give bond in the sum of five hundred ($500.00) dollars, under the same rules and restrictions governing the chief of police; provided, that nothing herein contained shall prevent the Mayor and Aldermen from consolidating and combining the offices of chief of police and city marshal, and electing the same person to fill both offices. Marshal. Sec. 32. Be it further enacted, That it shall be the duty of the clerk and treasurer to receive and disburse all moneys of the city, upon the proper order, and he shall make reports of the same to the Mayor and Aldermen

Page 1720

whenever called upon to do so. He shall attend all meetings of the Mayor and Aldermen, recorder's or Mayor's court, and keep the minutes, books and files of each; issue all licenses, and permits; sign and issue all executions and other writs and processes for the collection of taxes due the city, and perform such other duties as may be required of him by the Mayor and Aldermen, or by ordinance. Clerk and treasurer. Sec. 33. Be it further enacted by the authority aforesaid, That the office of city attorney is hereby created and established. Said attorney shall be elected by the Mayor and Aldermen of said city, and shall hold his office for a term of one year, or until his successor is elected and qualified. His duties shall be prescribed from time to time by the Mayor and Aldermen. His salary shall be fixed at the time of his election and annually thereafter when other salaries are fixed; provided, that nothing herein shall prevent the Mayor and Aldermen from allowing said city attorney extra compensation when they deem it advisable. City attorney. Sec. 34. Be it further enacted, That the Mayor and Aldermen shall also at the time of the election of the other officers, elect a city physician, whose term of office shall be one year and until his successor is elected and qualified, and whose duties shall be prescribed by the Mayor and Aldermen and the ordinances of said city. City physician. Sec. 35. Be it further enacted, That in the same manner as above a city sexton and city engineer may, in the discretion of the Mayor and Aldermen, also be elected, whose duties and salaries shall be fixed by the Mayor and Aldermen, and prescribed by the ordinances of said city. Sexton. Sec. 36. Be it further enacted, That besides the officers already provided for, the Mayor and Aldermen shall have the power and authority to elect or appoint for a full term, or for such time as in their judgment

Page 1721

may seem best, such other officers, agents, superintendents, street overseers, draftsmen, or other workmen for the proper carrying out of the provisions of this charter, and the proper municipal government of the City of Unadilla. Other officers and workmen. Sec. 37. Be it further enacted, That the Mayor and Aldermen shall elect a chief of the fire department of said city, and any other officers and men thereof, whose duties shall be prescribed by said Mayor and Aldermen and by the ordinances of said city; they shall have power to suspend or remove any of them whenever they shall deem it necessary or proper for the well being or efficiency of the department. They shall have power to fix all rules and regulations for the general government and management of this department, and fix by ordinance the salaries of the same. The chief and members of the fire department shall be elected for one year, but may be removed or suspended as hereinbefore set out for police officers. Fire chief and firemen. Sec. 38. Be it further enacted, That the Mayor and Aldermen shall have power and authority to remove or cause to be removed, all buildings, porches, steps, or other obstructions or nuisances, in the public streets, lanes, sidewalks, squares, parks, or other places in said city. They shall have the power, if necessary, to establish a market in said city; to designate certain streets of places for the conduct of certain businesses; to regulate all butcher pens, slaughter houses, blacksmith shops, tan yards, livery stables, forges, stoves and chimneys, steam mills, steam grist mills, mill ponds, oil mills, fertilizer plants, ginneries, fish ponds, warehouses, hacks, drays, automobiles, bicycles, motorcycles, and other contrivances of like kind; railroad crossings, the moving of trains through the city; the regulations and sanitation of the depots of the city; and to abate or cause the removal of same or any of them in case they become a nuisance or dangerous or injurious to the health of the city. They

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shall have power to fill up all open cellars or excavations in said city, or cause the owners to do so, when they shall deem it necessary for the public interests for the same to be done. They shall also have power to condemn and remove or cause to be removed all dilapidated or unsafe walls, buildings, fences, chimneys, and other things of like character, which they may consider a nuisance or dangerous to the health or lives of the people of said city; and they may abate, or cause to be removed, anything that works a nuisance or should become injurious or deleterious to the health of, or endanger the lives of, the people of the city. They shall also have the right to condemn property for streets, alleys, cemeteries and all other public purposes, as provided by the laws of this State. Building regulations and other powers. Condemnation. Sec. 39. Be it further enacted, That the Mayor and Aldermen shall have the power to regulate the keeping places of public worship; to provide for places for the burial of the dead, and to regulate interments therein. Places of worship and burial. Sec. 40. Be it further enacted, That the Mayor and Aldermen shall have the power to regulate the keeping of gunpowder, gasoline, and other combustibles and explosives; to make regulations guarding against fires, and to fix and establish fire limits; and from time to time, change, enlarge, and restrict the same; to provide by regulation and ordinance the kinds of buildings to be erected, the kinds of material and construction; to also have power to grant or refuse permits for all kinds of buildings and other structures to be erected in said city, and to provide by ordinance penalties for any violation of the same. Combustibles and explosives. Sec. 41. Be it further enacted, That the Mayor and Aldermen shall have the power and authority to pass all such ordinances and regulations for the government of said city, or the suppression of disorderly conduct, the protection of life and property, and the maintenance of public peace, and the protection of the public health,

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which are not repugnant to the constitution and laws of the State, or the United States, as they may see proper to do, and to prescribe and enforce penalties for the violation of the same. General welfare powers. Sec. 42. Be it further enacted, That there may be a board of health for said city, to consist of one physician and two freeholders, who shall be appointed by the Mayor and confirmed by the Aldermen, and who shall hold office for one year, and until their successors are appointed and qualified. They shall elect their own chairman, and the Mayor and Aldermen shall prescribe by ordinance the proper rules and regulations for said board; shall prescribe their duties and the time they shall meet. The Mayor and Aldermen shall fix the salaries of the members appointed on said board of health; said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the generation and introduction of infectious and contagious diseases of all kinds; shall exercise absolute power over the subject of quarantine; shall have power to inspect foods, milks, fruit, and other things sold in said city, and shall report to the Mayor and Aldermen all persons selling any impure articles, and the said Mayor and ALdermen shall provide by ordinance a penalty for all persons so offending; said board of health shall look after the sanitary condition of said city; shall report any nuisance likely to endanger the health of said city, or in any neighborhood or place, and the Mayor and Aldermen shall enforce all sanitary rules and regulations, and shall prescribe penalties for violation of the same; shall abate all nuisances and enforce all ordinances for the general health of the city. Board of health. Powers. Sec. 43. Be it further enacted, That the Mayor and board of Aldermen shall have full power and authority over and absolute control of all pipes, sewers, private drains for filthy water and other substances or fluids in

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said city; and full power and authority to prescribe their location and structure, use and preservation and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city. They shall have full power and authority to prescribe the kinds of water closets, urinals and other receptacles or drains for water or other fluids or substances to be used within the corporate limits of said city. They shall have power and authority to condemn and destroy any water closet, urinal, or other receptacle or drain now in use which does not conform to and are not of the kind prescribed for use by the rules and ordinances of the city, and which may be detrimental to the health of the city. They shall also have full power and authority to compel all property owners to connect water closets and urinals, or other receptacles or drains on the premises of the said property owners, with the sanitary sewers of said city under such rules and regulations as may be prescribed and if such property owner shall fail or refuse to connect any water closet, urinal or other receptacles or draains as aforesaid, within the time and in the manner prescribed, which shall not be less than thirty days, then the city authority may cause said work to be done and the connections to be made, and provide all necessary material therefor, and assess the costs of the same against the said property owner and the said property so improved; the clerk of said city shall issue execution for same, which shall be a first lien on said real estate, superior to all other liens except taxes; and the chief of police or marshal, as the case may be, shall levy the same on the said real estate in the same manner as sheriffs' sales under judgment and execution. The officer making said sale is authorized to make to the purchaser of said property a deed which shall pass the title to said property as fully and completely as sheriffs' deeds under sales made by judgment and execution, and he shall proceed at once to dispossess the owner thereof and put the purchaser summarily in

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possession. The city authorities shall also have the right, power and authority to arrest and prosecute the owner of such property before the Mayor's or recorder's court of said city, for maintaining a nuisance. The city authorities, or any agent of the city, shall have the right, power and authority to enter or go upon the property of any one, after notice, for the purpose of inspecting said closets, urinals, and other drains and pipes, to remove the same whenever condemned and to insert the connections and fixtures necessary to connect the same with the sanitary sewers of the city, without being deemed a trespasser or becoming liable or responsible as such to the owner or tenant. Sanitary regulations Sec. 44. Be it further enacted, That all sales of property under execution in favor of said Mayor and City Council of Unadilla, shall be advertised in the official gazette of said city, and such sales shall in all respects be made and conducted in the same manner as sheriffs' sales under execution are now made in this State; provided, however, that if there is no newspaper published within the city limits of Unadilla, then the same may be advertised in the official organ of Dooly County; said sale to be made at the city hall in said City of Unadilla. Advertisement of sales under execution. Sec. 45. Be it further enacted, That the Mayor and Aldermen shall have the power and authority to cause the owner or owners of lots within the city to drain the same, or to fill the same to the level of the street or alley on which the same fronts; also to cause the owner or owners of cellars holding water to cause the same to be emptied of water or filled up if necessary. Also to have the authority to compel property owners to make proper connections of drain pipes to storm sewers or gutters, or other street waterways, and to pass such ordinances regulating the same as they may deem necessary and whenever the owners of any such property shall fail or refuse, after reasonable notice to him or his agent or tenant in possession of said premises, to comply with the

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requirements of said Mayor and Aldermen for a period of twenty days, it shall be lawful for the city authorities to cause the same to be done at the owner's expense; and for the amount so expended the clerk of the city shall issue execution against the said property owner to be collected from said property, and a sale under said execution by the marshal or chief of police shall pass title to said property as fully and completely as a sale by the sheriff under judgment and execution, and said owner shall also be subject to punishment for maintaining a nuisance. Drainage. Sec. 46. Be it further enacted, That the Mayor and Aldermen shall have the sole and exclusive power and authority to pass any ordinance regulating spirituous liquors, malt or intoxicating liquors or bitters, beer or near beer, not in conflict with the laws of Georgia or of the United States. Liquors. Sec. 47. Be it further enacted, That the Mayor and Aldermen are hereby expressly authorized and empowered to pass and enforce any ordinance not in conflict with laws of Georgia, or of the United States, to prohibit the storage or keeping of wine, beer, near beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes within the corporate limits of the City of Unadilla, and to punish any person or persons for violating the same. Keeping of liquors. Sec. 48. Be it further enacted, That the Mayor upon complaint, supported by the oath or affirmation of any citizen of said city, setting forth in writing that to the best of his knowledge and belief, wine, beer, near beer, malt, alcoholic or intoxicating liquors of any kind are stored or kept for the purpose of, or with the intent to illegally sell or otherwise illegally dispose of the same, in a certain described place within the corporate limits of said city, shall thereupon issue a search warrant, directed to the chief of police, and to the policemen of said city, commanding them to enter the suspected place,

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search for and seize the same to be found therein. The officer making the seizure shall hold the goods in custody and make return of his actings and doings to the Mayor upon said warrant. The chief of police or policemen shall also serve a written notice on the person or persons appearing to have said liquors in his custody or control; and if no one appears to be in immediate control or custody of the same, then upon the person who appears to have control of the building or other places where the same are found, to appear and defend against said warrant and accusation, and a hearing shall be had on same to determine whether the law has been violated by the storing or the keeping of wine, beer, near beer, malt, alcoholic or intoxicating liquors; and if such question be determined in the affirmative, the goods seized as aforesaid shall be destroyed by the city authorities after the lapse of thirty days from the date of the judgment on the warrant unless in the meantime steps be taken to have said judgment reviewed by the higher courts. The chief of police or other policeman shall also arrest such person appearing to have such liquors in his custody or control, or appearing to have control of the building or place where the same may be found and bring him or them before the recorder's court to be tried and punished as the ordinances shall direct. The Mayor and Alderman shall prescribe by ordinance all penalties for violation of the laws and ordinances of the city touching this question. Search and Seizure. Notice to appear. Arrests. Sec. 49. Be it further enacted, That the Mayor and Aldermen shall have the power and authority to prevent stock from running at large and to take up and impound any horse, mule, cow, hog, goat, dog, or other animal found at large within the corporate limits of said city; and to provide by proper ordinance for the redemption or sale of the same; and to enact such laws and ordinances as may be considered necessary to carry out the provisions of this section. Impounding of animals.

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Sec. 50. Be it further enacted, That the Mayor and Aldermen shall have power and authority to grant encroachments on streets, sidewalks, lanes, alleys and all lands of the city, upon such terms and in such manner as may be prescribed by ordinance. Encroachments. Sec. 51. Be it further enacted, That the Mayor and Aldermen shall have power to license all legitimate business in said city and fix the license fees for the same by proper ordinance; they shall have the power to classify such business or businesses carried on in said city of whatever kind or character. They shall have power to license and regulate all hotels, public boarding houses, sleeping apartments, opera houses, theaters, picture shows, bowling alleys, billiard and pool rooms; to license and regulate drays, hacks, wagons, automobiles and other vehicles used for business purposes; to license, regulate and control all vehicles; to license, regulate and control all livery stables, garages, places or amusement, telegraph and telephone companies, express and railroad companies, mills, ginneries, and factories, and all electric, gas and water companies doing business in said city. They shall have the power and authority in addition to issuing execution for any license required in said city, to fix a penalty for the violation of the provisions of such ordinances and shall likewise have power and authority to fix penalty or penalties for the carrying on of any business in said city, without having first obtained a license from the clerk and treasurer of said city. Business licenses. Sec. 52. Be it further enacted, That the Mayor and Aldermen shall have power and authority to impose and collect a tax on all dogs within the city in such manner as they may deem best, and to prohibit the running at large of all dogs within the city in any manner as they may deem proper, the same to be provided for by ordinance. Dog tax. Sec. 53. Be it further enacted, That the Mayor and Aldermen shall have power and authority to license

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and control all markets and marketing within the city limits, to fix the hours of sale therein, to prohibit the sale of marketable commodities elsewhere within the city limits, or at any other time; and to pass all ordinances, rules and regulations necessary and proper to control and regulate the same in said city. They shall have full power and authority to establish a city market, to establish rules and regulations for the government of the same; to rent out stalls and collect thereof, and to take all steps necessary and proper in carrying out the intentions of this Act. They shall have power to prescribe penalties for the violation of rules and regulations concerning markets and marketing. Markets. Sec. 54. Be it further enacted, That the Mayor and Aldermen shall have power to license as many auctioneers or vender masters of the city as they may deem proper, and to fix and collect the amount of license fees required of each. They shall have power to license all other occupations or businesses not herein specially provided for, or any class of business, and not otherwise taxed. Auctioneers. Other licenses. Sec. 55. Be it further enacted, That whenever any execution, issued by proper authority of said city, for fines, forfeitures, taxes, license or any other debt or demand due said city, shall be levied on any property which is claimed by any other person not a party to the execution, said claim shall be interposed under the same rules, regulations and restrictions as now provided by the laws of said State in claim cases; and the said claim shall be returned and tried in the first Justice Court or Superior Court having jurisdiction thereof. Claims on levies. Sec. 56. Be it further enacted, That the Mayor and board of Aldermen are hereby empowered to establish by ordinance at any time they may deem proper a board of commissioners for its water, light and ice plant that it may own or operate; said board to be known as the water and light commission. Said board when so established

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shall consist of the Mayor as chairman and two other members; said two members to be freeholders within said city who shall hold no other office in said city during their term of office as members of said board. They shall be elected for one year and until their successors are elected and qualified. Said two members to be appointed by the Mayor and approved by the board of Aldermen. Said board, when so created, is hereby vested with full power and authority to maintain, extend, improve, modify and operate the system of waterworks now in operation; and with like power over the electric light plant now owned and operated by said city; and with like power over any gas plant or ice plant that may be owned or operated or hereinafter acquired by the said city; to establish, equip, maintain, modify and operate a system of drains and sewers for said city; to appoint and employ superintendents and other employees; and to remove the same when necessary; to purchase, rent and lease real estate, and apparatus and machinery and all other things necessary to properly and successfully conduct said system, and hold title to the same for said city; to collect, receive and disburse all monies arising from the same, and to also disburse all monies arising from the sale of bonds issued for the extension of the plant, and all revenues derived from said system; to make such by-laws, rules and regulations for their own government and the government of their employees as they may deem necessary, not in conflict with this Act. Said board shall make quarterly reports to the Mayor and board of Aldermen showing the amount of money received and from what source, the amount disbursed, to whom and for what purpose, together with vouchers for the same. Said water and light commission shall elect a clerk and fix his compensation to be approved by the Mayor and board of Aldermen. The members of said commission shall receive for their services such compensation as the Mayor and Aldermen shall prescribe, which shall not be increased or diminished during their term

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of office. The Mayor and board of Aldermen shall have authority to pass all ordinances for the successful carrying out of the purposes and intent of this section, as they may deem proper not in violation of this charter. The Mayor and Aldermen shall maintain and operate said system as heretofore until this commission may be created. Water and light commission Powers. Sec. 57. Be it further enacted, That the Mayor and Aldermen shall have power and authority to grant the right to use any street or streets, alley or other passage way in said city for railroad, street car, telegraph, telephone, gas, water and electric light purposes. In granting such franchise they shall fully and completely guard and protect every present and future interest of said city. And no franchise hereunder shall carry with it any right or power except such as are specifically set forth enumerated and named therein. Franchises. Sec. 58. Be it further enacted, That there shall be, and is hereby created and established, a court to be known as a recorder's court in and for the City of Unadilla, which said court shall have jurisdiction to try offenses against the laws and ordinances of the municipal government of the City of Unadilla, and to punish for a violation of the same. Said court shall also have power to enforce its judgments and processes by the infliction of such penalties as may be provided by law; to punish witnesses for non-attendance, and also any person who shall counsel or advise, aid, encourage, or persuade another, whose testimony is desired, or material in any proceeding before said court, to go or move beyond the reach of the process of the same. Said court shall be presided over by the Mayor of said city, or in his absence, disability or disqualification, by the Mayor protem., and in case of the absence, disability or disqualification of the Mayor pro tem., then by any member of the board of Aldermen, who may be designated by the city clerk and treasurer, shall act as recorder, and when

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presiding said person shall be known as the city recorder. Sessions of said court may be held as, in the discretion of the presiding officer, may be necessary to clear the city prison, but shall have regular sessions fixed by the Mayor and Aldermen at such time and place as they deem best. The recorder shall take and subscribe the following oath: Recorder's court. Powers. I,....., do solemnly swear that when acting as recorder for the recorder's court of the City of Unadilla, I will perform the duties of said office to the best of my abilities, without favor of affection to any one, so help me God. Recorder's oath. Sec. 59. The recorder of said court shall have power to impose fines and inflict punishment for the violation of any law or ordinance of the City of Unadilla, also any law of this State where recorder's courts or municipal courts are given such authority by the State laws. Said recorder is hereby authorized and empowered to try and dispose of any matter that the Mayor of Unadilla might have under previous existing laws and ordinances while presiding over the Mayor's Court of said city. Every right or power that the Mayor of said city has heretofore had, or may have, is hereby delegated to the recorder. Powers of recorder. Sec. 60. For the violation of the laws and ordinances of said city the recorder may impose such fines or punishment as, in his discretion, he may think best; provided no fine shall exceed the sum of one hundred dollars; or the punishment inflicted shall not exceed imprisonment in the guard-house for a space of time to exceed thirty days, at labor in the city chaingang for more than sixty days. If there be no such chaingang then the recorder is authorized to hire convicts out to some other chaingang, under the same rules as other convicts are let out or hired out. Said recorder may impose any one or all of the above fines or punishments. Said recorder shall have the same power as other judges

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of this State to punish for contempt officers and others by a fine not to exceed fifty dollars, and imprisonment in the guard-house not to exceed ten days, or either or both, in his discretion. He shall to all intents and purposes be a Justice of the Peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants may be executed by any member of the police force of the city, and to commit the offenders to the county jail of Dooly County or to admit them to bail, in bailable cases, for their appearance at the next term of the court of competent jurisdiction to be held in and for said county. Punishments. Powers as J. P. Sec. 61. Be it further enacted, That in criminal cases, the defendant shall not have the right to appeal to the general Council from the decision or judgment of the recorder, except where the fine is in the sum of fifty dollars or greater, or the punishment is for a longer time than twenty days' imprisonment in the guard-house, or more than thirty days in the city chaingang; but the right of certiorari shall exist in all cases from the judgment of the recorder. Said certiorari shall be obtained in the same manner and in the same way and under the same conditions as a writ of certiorari is obtained from the judgment of a Justice of the Peace; provided, that any person convicted in said court, or his attorney, shall give written notice that he intends to apply for a writ of certiorari to the Superior Court of said county, when it shall be the duty of the recorder or presiding officer to suspend said sentence until said certiorari shall have been heard and finally determined by the Superior Court, Court of Appeals, or Supreme Court, whichever the case may be. But no person shall be released from custody until he shall have paid the costs, and given good and sufficient bond and security, to be fixed and approved by the presiding officer of said court, for his appearance to carry out and perform said sentence in the event the said conviction is affirmed; said bond to be in form, and operate as other supersedeas bonds in criminal cases.

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The Judge of the Superior Court who grants the certiorari may hear the same in term, time or vacation, after ten days' notice to each party, or their attorneys, of the time and place of hearing; the recorder being required to certify and send up to the Superior Court a complete and accurate history of the case, as his answer to the petition for certiorari; and the defendant having the right to traverse said answer as provided by law. The Mayor and Aldermen shall have power and authority to pass ordinances regulating the costs for appeals and certiorari; also, for the forfeiture of all bonds, and such cash bonus, in lieu of bonds, when accepted by the arresting officer or officers. Appeal. Certiorari. Bond and costs. Hearings. Sec. 62. The clerk and treasurer of the City of Unadilla shall be ex-officio clerk and treasurer of the recorder's court, and shall, by himself or deputy, attend all sessions of said court, and do and perform all other duties required of him in connection with said court by the Mayor and Aldermen. Clerk of court. Sec. 63. The ministerial officers of said recorder's court shall be the marshal and policemen of the City of Unadilla, to whom all mesne and final processes shall be directed. All of said officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such other duties connected with said court as may be required of them by the recorder. Officers of court. Sec. 64. Be it further enacted, That the Mayor and Aldermen of Unadilla shall have full power and authority to pass all ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court; also, all other ordinances that they may deem necessary to preserve order, suppress crime, and immorality, or prevent idleness, vagrancy, or loitering in said city, not in conflict with the constitution and laws of the State of Georgia. Ordinances.

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Sec. 65. Be it further enacted, That the Mayor and Aldermen are hereby given power and authority to elect a recorder to discharge the duties of this office, when they shall deem it necessary, or to the best interest of the city. He shall be elected in a manner prescribed by ordinance, and his salary shall be fixed by the Mayor and Aldermen. He shall be at least twenty-five years of age, be a resident of said city four years, and be a qualified voter therein. The Mayor of said city shall fill this office, however, as above provided for until the election of a recorder as provided in this section. Election of recorder. Sec. 66. Be it further enacted, That there shall be a city chaingang for said City of Unadilla, which is hereby created and established, and shall put in operation as hereinafter provided. The said city chaingang shall be used for the working of the streets of the City of Unadilla, and for the doing and performing other work in and for said city, or for its benefits and shall be made up of convicts convicted in the recorder's court of the City of Unadilla, and by employing from the proper authorities persons convicted as misdemeanors in other courts of the State. Said chaingang shall be governed by the same rules and regulations as govern other municipal and county chaingangs in this State, unless otherwise provided herein. Chaingang. Sec. 67. The Mayor and Aldermen of the City of Unadilla shall have power and authority to select a whipping boss for the convicts confined in said chaingang, and fix his compensation and prescribe his duties. No whipping shall be administered to any convict in said chaingang by said whipping boss or other person or officer having them in charge, except in cases where the same is reasonably necessary to enforce discipline or compel work or labor by such convict. Whenever a whipping is administered to a convict it shall be entirely private, but in the presence of at least two responsible persons, nor shall it be done in a place where the public generally

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will be attracted. The whipping boss or other person in charge of said convicts may be discharged at any time, in the discretion of the city recorder, or by a two-thirds vote of the Mayor and Aldermen acting together. Whipping. Sec. 68. Be it further enacted, That the authorities in charge of said chaingang shall have prepared and published full and complete, reasonable and humane rules and regulations for the government of the convicts under their control, which rules may be amended as the occasion may require, but shall specifically prescribe powers and duties in all respects of the superintendent, commissioner, guards, whipping boss, or other person connected with the management of convicts as to care, keeping, control, work and discipline of convicts. Convicts; regulations. Sec. 69. Be it further enacted, That no superintendent, commissioner, guard, whipping boss, or other person or employer of convicts shall be personally responsible or liable for any injury or damage to any convict resulting from the employment, care, keeping, control, work and discipline of convicts who are under direction of said governing authorities respectively, in accordance with reasonable and humane rules and regulations adopted as aforesaid. No personal liability. Sec. 70. Be it further enacted, That white and colored convicts shall not be confined together, nor shall they be chained together at any time or place; nor shall female convicts be confined in the same compartment with male convicts, and should be worked separately so far as practicable. Separation of convicts Sec. 71. Be it further enacted, That the Mayor and Aldermen are hereby authorized to pass all such ordinances, make such rules as will effectually establish, and maintain a chaingang in said city. The Mayor and Aldermen are hereby authorized to select the chief of police or other police officer as they may deem proper, to act as whipping boss of said city chaingang. Chain-gang ordinances.

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Sec. 72. Be it further enacted, That the whipping boss, superintendent (or other person having the convicts in charge, shall keep a book in which he shall record the names of all persons placed in his charge, giving their age, sex, color, height, weight, time received, time worked, behavior while confined, the offense with which they are charged, a record of the number of times such convict was whipped and the number of licks given, time of discharge and such other information as may be requested of him by the city authorities. Convicts; record-book. Sec. 73. Be it further enacted, That the Mayor and Aldermen shall have power, in their discretion, to hire out and dispose of the convicts convicted in the recorder's court of said city in the same manner, and under the same rules and regulations as the convicts who are convicted in the State courts in said county, for such length of time as they may deem proper to do so, if in their discretion, it would be better for the city's interest than to maintain a chaingang in said city. Hire of convicts Sec. 74. Be it further enacted, That the rules of practice in the recorder's court, so far as practicable, shall be the same as the rules of practice in the Superior Courts of this State, and that all persons placed on trial in the recorder's court shall have opportunity to employ counsel if they so desire. Practice in court Sec. 75. Be it further enacted, That all persons who have been tried and convicted in the recorder's court and sentenced to serve on the chaingang in said city shall not be entitled to pay such fine imposed after entering upon the service of said sentence without having first obtained an order so to do from the Mayor. Payment of fines. Sec. 76. Be it further enacted, That the Mayor and Aldermen of the City of Unadilla shall have power and authority to open, lay out, widen, straighten, or otherwise change the streets, avenues, alleys, sidewalks, crossings, or other passage ways of said city, and shall have

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the power to vacate, close up, open, alter, grade, and fill, curb, pave, drain, and repair the same. They shall have power and authority to prescribe such rules and regulations for laying out, constructing, and maintaining the same, and shall also have the power of curbing and paving the whole or any part of a street, avenue, alley, sidewalk, crossing, or other passage ways of the city. They shall also have power to prescribe by ordinance for the curbing, paving of all squares, triangles, and intersections of said city, as they may deem necessary from time to time; they shall prescribe the kind of material to be used in such construction, and shall fix the time when notice shall be given, and when the work shall be completed and to supervise the construction of the same, and have power to reject any work not performed in compliance with such prescribed regulations. They shall have full and complete power and authority to require any street, avenue, alley, sidewalk, street crossing and railroad crossing, or other passage way to be paved in such manner and with such material as they may determine by resolution or ordinance. One-third of the expense of paving streets shall be borne by the city, and the other two-thirds by the abutting property owners in just proportion to the foot frontage of said property. The entire expense of paving sidewalks, lanes and alleys shall be borne by the abutting property owners in just proportion to the foot frontage to their property thereon. Whenever the Mayor and board of Aldermen shall determine to pave any street, avenue, alley, sidewalk, street crossing or railroad crossing, or other passage way in said city, they shall require the city clerk to notify in writing all persons owning property abutting or fronting thereon of such intention, together with a statement of the amount assessed against said property thereof; and the said city shall at once proceed to do said paving, or cause it to be done, and when the same is completed, it shall be the duty of said property owner to pay into the treasury of said city within twenty days

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after the completion of such work, the amount so assessed against their property. And in case any property owner shall fail or refuse to do so, the said city clerk is authorized and empowered to issue instanter an execution against said owner and against said property, which shall be a lien on said property superior to all other liens, except liens for taxes, and said execution shall be levied on said property by the marshal or chief of police, and the same advertised and sold at public auction in conformity to the laws of this State governing the sales of property under judgment and execution by sheriffs. Said marshal or chief of police shall make to the purchaser a good and valid deed thereto conveying title as fully as the sheriffs of this State are authorized to do at public sale under judgment and execution. The City of Unadilla shall have full right to bid on and purchase said property at said sale if they choose to offer the highest bid thereof, whereupon, said deed shall be made to said city, said marshal or chief of police being authorized and empowered to proceed at once to dispossess said owner and put the purchaser at said sale in possession. Streets and sidewalks. Paving. Assessment of property abutting. Execution. Lien; levy and sale. Title. Sec. 77. Be it further enacted, That the Mayor and Aldermen shall have power and authority to call elections from time to time for the purpose of voting bonds for the purpose of paving any of the streets of said city in an amount not to exceed fifty thousand dollars at any one time. Paving bonds. Sec. 78. Be it further enacted, That the Mayor and Aldermen of said city are given the power and authority to pass all ordinances and necessary legislation for the successful and effectual carrying out of the purposes and intent of the above and foregoing section relating to paving, as they may deem for the best interest of said city, and which shall not be in conflict with the constitution and laws of Georgia. Legislation.

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Sec. 79. Be it further enacted, That all male residents of the City of Unadilla, between the ages of sixteen and fifty, who have resided in said city thirty days before the first day of April of each year, shall be subject to work the streets of said city, not to exceed ten days in each year, or pay a commutation tax in lieu thereof not to exceed five dollars, as the Mayor and Aldermen may determine. Should any person liable to work the streets of said city under this section fail or refuse to do so or to pay the street tax assessed in lieu thereof, after having received due notice from the marshal or other police officer so to do, such person may be sentenced by the recorder or Mayor to work upon the streets of said city for and during the term of not exceeding fifteen days under direction and control of the marshal or other police officer, or to be fined, or placed in the guard-house in the discretion of the Mayor and recorder. Street work or tax. Penalty. Sec. 80. Be it further enacted, That the Mayor and Aldermen of said city shall have full power and authority to levy and collect an ad valorem tax not to exceed one per cent. upon all property, real and personal, within the incorporate limits of said city, which is taxable under the laws of this State; and to provide the manner in which the same shall be collected. Tax ad valorem. Sec. 81. Be it further enacted, That should any person fail or refuse to pay the city tax or license imposed by the city authorities according to this charter, within the time allowed or prescribed by the ordinances of said city, the clerk and treasurer shall issue execution against such delinquent taxpayer for the amount due by him to the city, which shall be signed by the clerk and treasurer in his official capacity, and bear test in the name of the Mayor of the City of Unadilla. Execution. Sec. 82. Be it further enacted, That said execution shall bind all the property that said defaulting taxpayer owned in said city on the first day of April, in the year for which said taxes are due. Said executions shall be

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directed to and enforced by the marshal or chief of police of said city, who, after levying the same upon the property of such defaulting taxpayers, shall, if the property levied upon be personal property, advertise the sale by posting a notice in three of the most public places in said city for ten days before the date of the sale, and if the property be real estate, he shall advertise the same one a week for four weeks in the official organ of said city, before selling the same. All sales under such executions shall be made by the marshal or chief of police, before the door of the Council chamber, or at such place as may be prescribed by ordinance, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal or chief of police at public outcry, to the highest and best bidder. When the sale is of personal property, the marshal shall deliver possession thereof to the purchaser. When real estate is sold the marshal shall make to the purchaser a deed, which shall be as effectual in passing the title as the deed of the person against whom the execution is issued, and it shall be the duty of the marshal, upon the application of the purchaser or his agent to put such purchaser or his agent in possession of the real estate sold; provided, the said marshal shall not be authorized to turn out any person other than such delinquent taxpayer, his heirs, tenants or assigns, since the lien of the city taxes attached. Property bound. Levy and sale. Possession and title. Sec. 83. The clerk and treasurer shall be allowed a fee of fifty cents for each fi. fa. issued, and the marshal the same fees for levies as are by law allowed the bailiffs in this State, and to the same fees for selling as are required and received by the sheriffs of this State for selling property therein; provided, the Mayor and Aldermen may by ordinance provide for all such costs to go into the city treasury, and pay the clerk and treasurer and marshal or chief of police a regular salary for their whole duty to the city. Fees.

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Sec. 84. Be it further enacted, That the Mayor and Aldermen shall have power and authority to prescribe by ordinance the time and manner in which all persons shall return for taxes all property of every kind and nature, and also prescribe when all business and occupation tax and license shall be paid to the city. Tax returns. Sec. 85. Be it further enacted, That the Mayor and Aldermen shall have power and authority each year, if in their discretion they see proper, to appoint three tax assessors whose duty it shall be to value the real estate in said city for taxation and to scrutinize carefully each return of property, real and personal, by any taxpayer of the city, and, if in their judgment, they shall find the property embraced in the return, or any portion of it, returned below its proper value, they shall assess the value thereof. Tax assessors. Sec. 86. Be it further enacted, That whenever the assessors shall raise the valuation at which the taxpayer has returned his property, they shall give him written notice of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, within ten days after notice to have the matter left to three disinterested freeholders, residents of the city, one of whom shall be selected by him, one by the assessors, and the other by these two selected, and a majority of these arbitrators shall fix the assessment, which shall be final and conclusive. The Mayor and Aldermen are also given authority to fix the compensation of the said tax assessors, and also pass such ordinance bearing on the question as they may deem proper. Arbitration of Assessment. Sec. 87. Be it further enacted, That the provisions of this charter may be pleaded and shall be a defense to any action brought against the Mayor and City Council of Unadilla, or either of them, for any acts done by them, or either of them, under and in accordance with the provisions and the ordinances passed in pursuance thereof. Defense under charter.

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Sec. 88. Said Mayor and Aldermen shall have power and authority to establish a guard-house and provide regulations for the same, in which to confine for punishment, when necessary, persons sentenced by the Mayor or recorder for violating any of the city laws, ordinances, or any penal section of this charter, and for the safe detention of any disorderly person, and all persons committing or attempting to commit crimes; and the marshal or any policeman of the city shall have the right to take up all disorderly person or persons and confine them in the guard-house to await their trial. Guard-house. Imprisonment. Sec. 89. Be it further enacted, That the Mayor and Aldermen of said city shall have the right to establish and maintain a city stockade for the confinement of all the convicts of the city, and to prescribe suitable rules and regulations for the same, whenever they may deem the same necessary. Stockade. Sec. 90. Be it further enacted, That the Mayor and Aldermen shall have power, whenever they deem it necessary and to the best interest of the city, to establish a bureau for the commercial and business interests of the city, to be known as the Unadilla Chamber of Commerce; and the said Mayor and Aldermen may prescribe the scope of its work, the duties devolving upon its membership, its officers, and appropriate such sums for its maintenance and operation as they may deem proper. Chamber of commerce. Sec. 91. Be it further enacted, That the Mayor and Aldermen may have the right to employ a competent accountant to examine the books of the officers of the city, relative to the affairs of the city, as often as said Mayor and Aldermen shall consider necessary. Audit of Books. Sec. 92. Be it further enacted, That the Mayor and Aldermen shall have full power and authority to regulate the running of all railroad trains and all street cars and automobiles within the city limits, and to prescribe the manner in which the same may be run and the rate of speed of the same. Trains and vehicles.

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Sec. 93. Be it further enacted, That the Mayor and Aldermen of said city shall have power and authority to order elections at various times to determine the issue of bonds, and to issue bonds in accordance therewith, for all public improvements as they may deem necessary; that they may bond for the purpose of enlarging the waterworks and sewer systems of the city; to establish a light plant; to establish an ice plant and cold storage plant; to erect a city hall where the public business of the city shall be transacted; to curb and pave the streets of said city, and for such other public improvements as they may deem proper; and shall provide how the public debt of the city may be paid; and may constitute such sinking fund for that purpose, if they may deem necessary. Bond issues. Sec. 94. Be it further enacted, That the Mayor and Aldermen of the City of Unadilla are hereby authorized to levy a tax annually, in addition to that now authorize by law, not to exceed one-half of one per cent. on the real and personal property in said City of Unadilla, for the purpose of establishing and maintaining a system of public schools in said city; provided, that the money so raised shall be used for school purposes as hereinafter set forth. School tax. Sec. 95. Be it further enacted, That the Mayor and Aldermen are authorized and empowered to issue bonds of said city in such sums and at such times as they may see proper, not to exceed in the aggregate the sum of one hundred thousand dollars of the denomination of one thousand dollars each, to become due and payable at such time or times, not exceeding thirty years from the date of the issue thereof, as said Mayor and Aldermen shall determine, and bear interest not to exceed seven per cent. per annum. Said bonds to be sold, issued, and hypothecated for the purpose of purchasing sites, erecting buildings, completing and equipping public school buildings in said city. School bonds.

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Sec. 96. Be it further enacted, That the Mayor and Aldermen of said city are hereby authorized and empowered to levy, assess and collect annually, a sufficient tax upon and from the taxable property in said city, real and personal, to pay the principal and interest on such bonds as they shall become due. This tax shall be separately assessed, levied and collected for the specific purpose herein designated, and shall not be used or applied to any other purpose whatsoever. Said Mayor and Aldermen are hereby authorized and empowered to issue interest coupons payable annually for the interests on said bonds. Any money remaining on hand, received and collected under this Act, after the paying of maturing interest coupons and bonds each year, shall be held by the Mayor and Aldermen as a sinking fund for the payment of bonds and interest maturing the next year. Bond tax. Sinking fund. Sec. 97. Be it further enacted, That said bonds shall be signed by the Mayor and clerk and negotiated and sold in such manner and in such sums and at such times as the Mayor and Aldermen may determine for the best interest of said city and the speedy execution of the object of this Act. Bonds. Sec. 98. Be it further enacted, That the money arising from the sale and disposition of said bonds shall be used by the Mayor and Aldermen of said city in purchasing sites, erecting buildings and equipping public school buildings in said city, upon the terms and in such locality as the trustees or Board of Education, appointed as hereinafter designated, may deem best for said city and school. Use of bond money. Sec. 99. The provisions of this Act in relation to the establishment and maintenance of public schools in said city, and issuing bonds in said city, from the proceeds of which to purchase sites, build and equip public school buildings of said city, shall be separate and distinct questions, and shall be voted on separately at the

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same or different elections, as the Mayor and Aldermen in their discretion may order, and shall not go into effect or become operative until the question of establishing public schools in said city and issuing of said bonds shall have been submitted to a vote of the qualified voters of said city, at an election or elections held for that purpose in accordance with the constitution of this State, which said election or elections shall be held under an order of the Mayor, and shall be advertised for thirty days immediately preceding such election or elections at the Council chamber in said city, and in the official organ of said city. The Mayor and Aldermen shall provide at the expense of the city the ballots to be used in said election or elections, which said ballots shall have printed on them For Public Schools and Against Public Schools, and For Bonds and Against Bonds. If the question submitted at said election or elections shall be decided affirmatively, in accordance with the term of this Act, it shall be the duty of the corporate authorities to levy and collect a tax and issue and dispose of said bonds of said city in accordance with the various sections of this Act in relation thereto. But should the question be decided negatively at such election or elections the effort shall be only to suspend the various sections of this Act in relation thereto. Bond elections; issues voted on separately. Ballots. Sec. 100. Be it further enacted, That if at any election held in accordance with the provisions of the preceding section the question or questions submitted and voted on shall be decided against the establishment of said schools, it shall be the duty of the Mayor and Aldermen of said city, upon the written application of one-third of the qualified voters of said city to order another election, which shall be held as required by the provisions of the preceding sections. Another election. Sec. 101. Be it further enacted, That any election held under the provisions of the preceding sections relating to schools shall be conducted and governed by

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the same rules and regulations as the elections held for Mayor and Aldermen of the City of Unadilla. Elections. Sec. 102. Be it further enacted, That the present board of trustees of the school of said city shall serve until the next regular election to be held on Tuesday after the second Sunday in December, 1920, at which time the board of school trustees shall consist of five members to be chosen by the Mayor and Aldermen of the City of Unadilla from the citizens of said city, two of whom shall hold their office for two years, two for three years, and one for one year, from the date of their election; after which time the members designated for one year shall thereafter be elected for three years. All vacancies occurring in said board by expiration of term of office or otherwise shall be filled by election by the Mayor and Aldermen. The members of said board of trustees shall be male citizens of Unadilla, twenty-one years of age, and of good moral character; provided, that neither the Mayor nor Aldermen of said city shall be eligible to membership on said board. Board of school trustees. Sec. 103. Be it further enacted, That said board of trustees shall have authority to establish, and from time to time modify and change and enlarge a system of public schools for the City of Unadilla. Said board shall have authority to purchase sites, erect buildings, rent buildings, purchase appurtenances and furniture for school purposes; employ teachers; to suspend or discharge them for good cause; to prescribe the terms upon which students are to be received in said schools; and to establish such rules, regulations and by-laws as they may deem right and proper in maintaining a system of public schools in said city; provided, that such regulations are not inconsistent with the constitution and laws of this State. Said board of trustees shall have authority to admit students in said schools who do not come within the legal age, but such students coming into the school must pay such fees for tuition as said board may determine as proper. Authority of school board.

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Sec. 104. Be it further enacted, That the officers of said board shall consist of a president, vice-president, and a secretary and treasurer. Said officers shall be elected in such manner and at such time as said board of trustees may determine, and said board shall prescribe the duties of its officers. Officers of board Sec. 105. Be it further enacted, That so long as public schools are maintained in the City of Unadilla, the county board of education and county school superintendent of Dooly County are hereby authorized and required to pay over to the treasurer of said board for the use of the public schools under such rules and regulations as said board may prescribe, the proportion of the common school fund arising from any source belonging to the City of Unadilla, to be by them expended in the establishment and maintenance of the said public schools, as authorized and directed by the constitution and laws of this State. Proportion of common-school fund. Sec. 106. Be it further enacted, That it shall be the duty of the Mayor and Aldermen of the City of Unadilla to levy and collect the taxes hereinbefore provided for, and keep a separate account of the same to the credit of the public school fund, which fund shall be subject to the order of the said board of trustees for the support and maintenance of the public schools; said taxes shall be collected by levy and sale, as provided by this charter and the ordinances of the city, and no person shall have the benefit of said schools who fails or refuses to pay all taxes assessed against them by said authorities. School taxes; separate accounts. Sec. 107. Be it further enacted, That all children whose parents, guardians, or natural protectors shall have been bona fide residents within the corporate limits of said city thirty days immediately preceding their application for admission into said schools, shall be entitled to the benefit of said schools. The board may also admit children into said schools whose parents, guardians, or natural protectors do not reside within the

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corporate limits of said city, upon the payment of such tuition fees as the board may deem reasonable and proper. All sums arising from this source shall be used only for the purpose of maintaining such schools. Children entitled. Non-residents. Sec. 108. Be it further enacted, That said board of trustees shall provide separate schools in which the white and colored children must be taught. Said board is authorized to receive all gifts and donations and appropriate the same to the support and maintenance of the public schools. Race separated. Sec. 109. Be it further enacted, That every ordinance and resolution passed by the board and aldermen may be subject to veto by the mayor in the following manner: The mayor, within three days may write out his objection to such ordinance or resolution, and the board of aldermen at the next regular meeting, at which a quorum shall be present, order said objections on the minutes and take a vote on the question as to whether said ordinance or resolution or other action shall become adopted over said veto. Should as many as four aldermen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective without the approval of the mayor; otherwise not. The ayes and nays shall in all cases be entered on the minutes. Mayor's veto. Sec. 110. Be it further enacted, That all elections to determine the issuing of bonds for all public improvements as above provided in this charter, shall be conducted in the same manner as provided for other elections in this city, and in accordance with the Constitution of this State, which said election shall be held under the order of the mayor and aldermen, and be advertised for thirty days immediately preceding the date of the election, and shall be held at the council chamber in said city. The mayor shall provide, at the expense of the city, the ballots to be used in said election, which said ballots shall have

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printed on them: For Public Improvements and Against Public Improvements, and For Bonds and Against Bonds, and if the question shall be decided in the affirmative, they shall proceed as authorized, and if decided in the negative, then it shall be delayed until some other election, which may be ordered at any time upon the written request of one-third of the qualified voters of said city; provided, that not more than two elections for that purpose shall be held within one year for the same purpose. Bond elections. Ballots. Further election. Sec. 111. Be it further enacted, That this act shall not abolish any of the ordinances now of force in said city, except where they may come in conflict with this charter, but shall preserve and continue the same. Existing ordinances. Sec. 112. Be it further enacted, That all Acts heretofore approved by the General Assembly relating to the city of Unadilla, except such part or parts thereof as may be in conflict with this Act be, and they are, hereby continued in operation, confirmed and consolidated with and made a part of this Act. Acts remaining or force. Sec. 113. Be it further enacted, That all laws and part of laws in conflict with this Act be and the same are hereby repealed. Approved August 10, 1920. VALDOSTA TAX RATE. No. 541. An Act to amend an Act approved March 21, 1901, incorporating the City of Valdosta known as Act No. 215 on pages 670-688, inclusive, of 1901 Georgia Laws, by striking from the sixth line of Section Twenty-four (24) of said Act the words Seventy-five Cents and inserting in lieu thereof One Hundred Cents, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act incorporating the City of Valdosta known as Act No. 215 pages 670-688, inclusive, of the 1901 Georgia Laws, approved March 21, 1901, and all acts amendatory thereof be and the same is hereby amended by striking out the words Seventy-five Cents, on the sixth line of section Twenty-four (24) of said Act and substituting therefor the words One Hundred Cents so that said section when amended shall read as follows: Section 24. Be it further enacted that for the purpose of raising revenue for the support and maintenance of the said Government the Mayor and Council shall have full power and authority and they shall proceed by ordinance for the assessment, levying and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding One Hundred Cents on the Hundred Dollars, exclusive of taxation for public schools. Act of 1901 amended. To be read. Ad valorem tax rate. 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 7, 1920. VANNA TAX RATE. No. 715. An Act to amend an Act incorporating the town of Vanna, in the county of Hart; to define the corporate limits thereof; to prescribe for the election of officers; to prescribe their powers, duties and compensation; to provide for the working on the streets in said town, and the collection of taxes, and for other purposes approved August 19, 1912.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 7 of the Act referred to in the Caption of this Act be, and the same is hereby amended by striking the words two dollars in lines 7 and 8 of said Act, and inserting in lieu thereof the words five dollars. Also, by striking in line 18 of Section 7 the words twenty-five dollars and inserting in lieu thereof the words one hundred dollars, so that said section when amended shall read as follows: Act of 1912 amended. To be read. Sec. 7. Be it further enacted, That said mayor and council shall have the authority to cause the roads, streets and lanes of said town to be worked by the residents in said town who are subject to road duty under the laws of the State of Georgia, and levy such road tax as they may deem for the best interest of said town, provided said Mayor and Council shall not be authorized to collect more than five 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 peace and good order thereof, and to fix licenses, fees for transacting business in said town which are not inconsistent with the laws and Constitution of the State, to punish by fine and imprisonment or both in the discretion of the Mayor who is hereby clothed with authority to try offenders against the ordinances of said town and is hereby empowered to punish such offenders by fine or not more than one hundred dollars or by work on the public road or streets of said town for not more than thirty days, either or both of said penalties, the Mayor and Council shall have authority to fix the cost in all such cases of violation of ordinances of said town and upon conviction said cost shall be taxed against the offenders so convicted. Road tax increased. Punishment by fine.

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Sec. 2. Be it further enacted, That Section 8 of said Act shall be amended by striking in line 3 the words one-half of one mill and inserting in lieu thereof the words five mills so that said section when amended shall read as follows: 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 compensation of all employees of said town except the Mayor and Councilmen, who shall serve without compensation. Tax rate increased. 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, 1920. VIDALIA SCHOOL TAX. No. 718. An Act to amend an Act entitled, An Act to provide for a system of public schools for the city of Vidalia, in Toombs county; to provide for a special tax for the support and maintenance of the same; to provide suitable buildings therefor; to establish a Board of Education to conduct same, and for other purposes, approved August 20, 1906, and amended August 8, 1914, which amendment was approved August 8, 1914, so as to provide that the tax which the Mayor and Council of city of Vidalia shall be authorized to assess, levy and collect for the maintenance of said public schools shall not exceed eight-tenths of one per cent. per annum. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by

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the authority of the same, That from and after the passage of this Act that section 12 of an Act to establish a system of Public of Schools for the City of Vidalia, in Toombs County, Georgia, and for other purposes, approved August 20th, 1906, and amended August 8th, 1914, which amendment was approved August 8th, 1914, be and the same is hereby amended by striking out the word one-half in the fifth line of the amendment to said section 12 of the Act of 1906, to be found on page 1209, of the Acts of the General Assembly of Georgia, of 1914, and inserting in lieu thereof the word eight-tenths so that said section when so amended shall read as follows: Sec. 12. Be it further enacted, That if the election herein provided for shall be in favor of Public Schools, then the Mayor and Council of the City of Vidalia shall be authorized to assess, levy and collect a tax, in addition to that now provided by law, not to exceed eighttenths of one per cent. per annum, on all the taxable property of said town, which shall be used solely and exclusively for the purpose of establishing and maintaining said schools, and providing furniture, apparatus and buildings for said schools; and the proceeds that arise from the grant of the auditorium of the present schools building shall be used in like manner. The tax shall be collected by the first day of January of each year after the same is assessed and levied, in like manner as other taxes are collected and shall be turned over to said Board of Education to be used for the purposes aforesaid, and no other; provided, however, that the provisions of this Act shall not go into effect until said supplementary tax herein provided for shall have been levied and collected. Act of 1914 amended. To be read. School-tax rate 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 16, 1920.

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WASHINGTON SCHOOL BOARD AND TAX. No. 722. An Act to amend an Act entitled An Act to establish a system of public schools in the town of Washington, Ga.; to provide for raising revenue to maintain said schools, to authorize the County School Commissioner of Wilkes County to pay over to the Board of Education of said Public Schools such part of the State School fund as may be their just pro rata share thereof, approved September 14, 1891, by making the members of the Board of Education elective by the Mayor and Council of Washington, Ga., by providing for an increase in the taxes which may be levied for school purposes, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that an Act entitled An Act to establish a system of public schools for the town of Washington, Ga.; to provide for raising revenue to maintain said schools; to authorize the County School Commissioner of Wilkes County to pay over to the Board of Education of said public school such part of the State School fund as may be their just pro rata share thereof, approved September 14th, 1891, and the same is hereby amended by striking out section 1 of said Act and substituting in lieu thereof the following language, to wit: Act of 1891 amended. Section 1. Be it enacted by the Senate and the House of Representatives of the State of Georgia, That for the purpose of establishing a system of public schools in the City of Washington, Ga., a Board of Education shall be elected by the Mayor and Council, of Washington, Ga., at the first meeting of said Mayor and Council in the several years after they are elected and themselves qualify, said Board of Education to consist of seven members, resident within the limits of

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the City of Washington, Ga., two of whom shall be elected for two years, two for four years, and three for six years, and as the terms of said members of said Board shall expire, their successors shall be elected by the Mayor and Council of Washington, Ga., for terms of six years each. Three members of said board may be adult females. The Mayor and Council of Washington, Ga., shall fill all vacancies for unexpired terms occurring in said board by interim elections at their next regular meeting after such vacancies may occur. Election and terms of board of education. Female members. Sec. 2. Be it further enacted by the authority aforesaid that paragraph 3 of Sec. V of said Act be amended by striking from the fifth line of said paragraph the words one-fourth, and inserting in lieu thereof the words one-half, so that the said paragraph when so amended shall read as follows: 3. Whenever the Board of Education shall deem it necessary to increase the funds for the maintenance of said schools the town council shall levy a tax upon all property subject to taxation by the town and collect the same and pay it to said Board of Education; but said tax shall not exceed one-half of one per cent per annum upon said taxable property. Tax rate increased. Sec. 4. Be it further enacted that all laws in conflict with above law, be and the same are hereby repealed. Approved August 16, 1920. WASHINGTON SCHOOL-TAX INCREASE. No. 403. An Act to amend and change the charter of the City of Washington, in the County of Wilkes, approved December 8, 1894, so far as the same relates to the levying and collecting of a tax on property within

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said city for the purpose of maintaining the public schools thereof and to change and amend the act establishing a system of public schools in said city, approved September 14, 1891; 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 authority of the same, that from and after the passage of this Act, Section 13 of the Act of 1894, providing a charter for the City of Washington, be and the same is hereby amended and changed by striking out the word twenty-five in the sixth line of said Section, and substituting the word thirty-five so that said section 13 of said Act shall read as follows: Be it further enacted, That said Mayor and Council may levy and collect for town purposes a tax not to exceed twenty-five cents on every hundred dollars value of all real estate, stock in trade, and all other property therein that may at the time being be taxable by the laws of this State. They may also levy and collect an additional tax not to exceed thirty-five cents on every hundred dollars value of all such property, for the maintenance of the public schools of said town, as is provided in the Act establishing a system of public schools, approved September 14, 1891. Said Mayor and Council have also power to levy and collect out of the property aforesaid such additional tax as may be necessary to provide according to law for the payment of the principal and interest on any bonded debts of said town, should any bonds be hereafter lawfully issued by the town. In all cases the order levying taxes shall be recorded in the minutes of the board and shall specify for which of the purposes aforesaid it is levied and how much for each purpose. Act of 1894 amended. To be read. Additional school-tax rate increased. Sec. 2. Be it further enacted by the same authority, That paragraph Three of Section 5 of the Act of 1891 passed to establish a system of public schools in

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the City of Washington, County of Wilkes, be changed and amended by striking therefrom all of the words in said paragraph of said section so that said paragraph three of said section 5, shall read as follows: Whenever the Board of Education shall need funds for the maintenance of said schools, the Mayor and Council shall levy and collect a tax not to exceed thirty-five cents per annum on every hundred dollars worth of property within said City of Washington. School-tax rate. Sec. 3. Be it further enacted by authority aforesaid, That the Mayor and Council of the City of Washington shall within 90 days from the approval of this Act order and hold an election for the qualified voters of said city to determine whether this act shall become operative; the election to be called and held and the result declared, under the provisions of the charter of said city for special elections. At this election, the qualified voters of said city shall cast ballots having written or printed thereon the words For Increase of School Tax or Against Increase of School Tax. If two-thirds of the qualified voters of said city voting at said election vote For Increase of School Tax, then this act shall become effective and operative, otherwise not. This act referred to popular vote. Sec. 4. All laws in conflict with this Act are hereby repealed. Approved July 24, 1920.

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WEST POINT, CITY OF; ACQUISITION OF CERTAIN PROPERTY AUTHORIZED. No. 546. An Act to authorize the City of West Point to acquire and to hold by the purchase or otherwise any real property outside of the city limits of West Point and in the State of Georgia or Alabama which may be necessary for the building of levees for the protection of said city from damage by floods or freshets. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That the City of West Point be and it is hereby authorized to acquire and to hold by purchase or otherwise such real estate without the city limits of West Point and whether in the State of Georgia or the State of Alabama, as may be necessary for the building of levees for the protection of said city from floods or freshets. Real estate out of city limits for levees. Sec. 2. Be it further enacted, That all laws and parts of laws militating against this Act or in conflict with this Act be and the same are hereby repealed. Approved August 7, 1920. WEST POINT, CITY OF; PROTECTION FROM FLOODS. No. 537. An Act to authorize the City of West Point to acquire by condemnation or other proceedings, any real property in the City of West Point, or in the counties of Troup or Harris, which may be necessary for the protection of said city or counties from floods or freshets.

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Section 1. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authorities of same, That the City of West Point, be and it is hereby authorized to acquire by condemnation or other proceedings, any real property in the City of West Point, counties of Troup or Harris, which may be necessary for the protection of said city or counties from damage by floods or freshets. Condemnation of lands for flood protection. Sec. 2. Be it further enacted by the authority aforesaid, That it shall be done in accordance with the Act of the General Assembly of the State of Georgia, approved December 18th, 1894, entitled An Act, to provide a uniform method of exercising the right of condemning and taking or damaging of private property, and Act amendatory therefore, contained in Code Section 5233. Method. Sec. 3. Be it further enacted that all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved August 7, 1920. WEST POINT RIVER AND LEVEE COMMISSION CREATED. No. 527. An Act to create a river and levee commission for the protection of the City of West Point, to define its powers, duties and authority, and to provide for the election of members of said commission and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That there shall be established a flood and levee commission in the City of West Point, in this State, with full power and authority to adopt

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plans for the protection of the City of West Point from damage by floods and freshets, and to execute the plans in such manner and on such terms as may seem proper and advantageous to said commission. Commission; authority. Sec. 2. That said commission is hereby invested with the power and authority forthwith to provide for the construction of any embankments, levees or other means of protection to said city and County of Troup and Harris, adjoining said city, from floods and freshets, at and along the river front of said city, and counties of Troup and Harris and generally to adopt and execute such plans or plan of protection against floods as may be advantageous and feasible. Powers. Sec. 3. The first commissioners under this Act shall be George H. Lanier, N. L. Atkinson, Lee Heyman, Joseph Hersfeld, and Phil Lanier, with Mark McCulloh, the Mayor of West Point as ex officio, and B. J. Mayer, the City Attorney of the City of West Point as ex officio members. Members named. Sec. 4. The Mayor and the City Attorney shall hold as ex officio, and upon the expiration of their terms of office their membership on the commission shall cease as soon as their successors in office shall have been chosen and qualified, and the other named members of said commission shall hold during the life of this commission. Members ex-officio. Sec. 5. That upon the death or resigination of any member of said commission the Mayor shall have the authority and it shall be his duty to appoint the successor to fill the vacancy. Vacancy to be filled. Sec. 6. That said commission composed as hereinabove set forth shall have full power and authority to adopt any plan or scheme looking to the most ample protection of the City of West Point from damage from floods and freshets at and along the river front of said city and along the river front on Troup and

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Harris counties adjoining said city, and generally to adopt such mode of protecting said city as in their judgment they may deem most feasible. Plan or scheme. Sec. 7. That said commission shall have the power, after adopting said plan or scheme as their judgment may suggest for the most ample protection of the City of West Point and Troup and Harris counties, as aforesaid, from the recurrence of floods and freshets, to recommend to the city council the passage of an act appropriating funds or the calling of an election to vote bonds necessary to carry out such plans or schemes, said commission being invested further with the power to recommend to the city council of West Point the plan for financing such scheme as they may determine to the best of interest to the City of West Point to adopt. Recommendatory powers. Sec. 8. That said portions of the charter of the said city and such portions of the ordinances of said city and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1920. WHITE PLAINS TERRITORIAL LIMITS EXTENDED. No. 485. An Act to amend an Act entitled 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 evidence of debt for

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public purposes, such as for school buildings and equipment for same, sewers, electric lights and water works, 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, approved August 4, 1917, Georgia Laws 1917, page 898 et seq., to increase the corporate limits of the City of White Plains, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 2 of the Act entitled An Act to create and incorporate the City of White Plains, in the County of Greene, and grant a charter to the 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 equipment for same, sewers, electric lights and water works, 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 to provide for other matters of municipal regulations, concern and welfare, and for other purposes, approved August 4, 1917, Georgia Laws 1917, page 898 et seq., be, and the same is hereby amended by striking from said section 2 of said Act the words five-eighths wherever they occur and as often as they occur in said Section 2 of said Act, and substituting for the words stricken in each and every instance the words seven-eighths, so that said section 2 of said Act when amended shall read as follows: Act of 1917 amended. To be read. Sec. 2. Be it further enacted, That the corporate limits of the City of White Plains shall read as follows:

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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 seven-eighths of a mile in every direction, in other words, seven-eighths of a mile radius from said point. Corporate limits defined. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 3, 1920. WINDER WATER AND ELECTRIC SYSTEMS. No. 412. An Act to amend an Act establishing a new charter for the City of Winder, approved August 4th, 1917, 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 Winder, approved August 4th, 1917, be and the same hereby is amended as follows: Act of 1917 amended. Section 1. That the mayor and council of said city be and they are hereby authorized to extend the water-mains, pipes, and appliances of its system of water-works and, also, to erect and maintain pumps, reservoirs, and all necessary appliances by which water is collected and distributed without the limits of said city, and to furnish water from its system of water-works to any applicant for same without the limits of said city and within the county of Barrow. Waterworks extensions. Sec. 2. That the mayor and council of said city are further authorized to extend its electric system and to erect its poles, wires, and other appliances necessary

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and incident to the production and distribution of electricity, beyond and without the limits of said city, and to furnish electricity to any applicant without the limits of said city and within the county of Barrow. Electric extensions. Sec. 3. That the mayor and council of said city are authorized to extend its water-works system and its electric system and to furnish water and electricity without the limits of said city and within the county of Barrow, provided, that all persons and property so furnished with water or electricity by said municipal authority shall be subject and liable to all the rules and regulations, pains and penalties relative to the supply water and electricity prescribed for the citizens and property within the corporate limits of said city, and to such other rules and regulations as may be prescribed by the said mayor and council. Water and electricity to non-residents. Sec. 4. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 24, 1920.

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TITLE II. Private Corporations. ACT. Standard Fuel Supply Company; Confirmation of Title to Land. STANDARD FUEL SUPPLY COMPANY; CONFIRMATION OF TITLE TO LAND. No. 646. An Act to confirm the title of Standard Fuel Supply Company, and its assigns, in those two lots of land known as the extension of Beach Lot Fifty-five (55), and the extension of Beach Lot Fifty-six (56), as shown upon the Map of Tybee Island made for Tybee Beach Company, and conveyed by the town of Tybee to the said Standard Fuel Supply Company by deed dated May 25th, 1914, and for other purposes. Section 1. Whereas, the town of Tybee did on the 25th day of May, 1914, convey to Standard Fuel Supply Company, a corporation, for a valuable consideration, the following parcels of land located in the County of Chatham and on the Island of Tybee, to-wit: Preamble. 1. That Lot on the Island of Greater Tybee, known as the extension of Beach Lot Number Fifty-five (55), as shown upon the map of plan of said Island, made for the Tybee Beach Company, said extension

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of said Lot Number Fifty-five (55) having a frontage on Tybee Strand of eighty (80) feet, and a depth westwardly to Beach Lot No. 55, of three hundred and forty nine (349) feet and three (3) inches, and is bounded as follows: On the North by Ninth Street, on the East by the Strand, on the South by the Northern line of the extension of Beach Lot Number 56, and on the West by the Eastern line of said Beach Lot Number 55. Lot 55. 2. That Lot on the Island of Greater Tybee, known as the extension of Beach Lot Number Fifty-six (56), as shown upon the map or plan of said Island, made for Tybee Beach Company; said extension of said Lot Number 56 having a frontage on Tybee Strand of eighty (80) feet, and a depth Westwardly to Beach Lot Number 56 of Three Hundred and Fifty (350) feet and ten and one-half (10) inches, and being bounded as follows: On the North by the Southern line of the extension of Beach Lot Number 55, on the East by the Strand, on the South by the Northern Line of the extension of Beach Lot Number 57 and on the West by the Eastern Line of said Beach Lot Number 56. Lot 56. And the said two lots above described have been conveyed by the Standard Fuel Supply Company to Doctor A. J. Waring. Sec. 2. And Whereas it is proper and necessary that the conveyance from the town of Tybee to the Standard Fuel Supply Company should be ratified, and the title to the said two lots be confirmed in the said Dr. A. J. Waring; therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the said conveyance by the said town of Tybee and the said two lots of land to the Standard Fuel Supply Company be and the same is hereby ratified, and the title of the said Dr. A. J. Waring in the said two lots of land be, and the same is, hereby confirmed. Title to A. J. Waring confirmed.

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Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1920.

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PART IV. RESOLUTIONS

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RESOLUTIONS. Advertise Georgia Enterprise Endorsed. Calhoun County, Supply of Books to. Crawford, W. W., Refund to. DeLoach, et al.; Relief as Surety. Financial Status of the State. Flint River; Partly Non-navigable. Haralson, Lonnie; Relief as Surety. Haralson, Lonnie; Relief as Surety. Haralson, Lonnie; Relief as Surety. Hardy, J. H.; Relief as Surety. Harp, C. J.; Relief as Surety. Index Printing Company; Cancellation of Contract. Lanier and Other New Counties; Representations for. Legislative Visiting Committee; Appropriation for. McDonald, J. W.; Relief as Surety. Monument Funds, Committee on. New Currency Bills, Exchange of, for Old. Non-Metallic Experiment Station. Park's Code for State Sanitarium. Pension Deficiency Appropriation. Pension Payments to Berrong, Touchstone, Crane. Pension Payments Under Amendment of 1918. Political Gatherings in Legislative Halls; Consent Required. Sale of Bulloch County Lands. Stafford, Eli; Pension Payment. Strivings, S. L., Invited to a Dress Assembly. Unfinished Business of Assembly; Persons Authorized to Remain after adjournment. University of Georgia, Reports and Other Books for. Western and Atlantic Railroad Commission Discharged. ADVERTISE GEORGIA ENTERPRISE ENDORSED. No. 50. House Joint Resolution. Whereas, The returns of the last census indicate a lack of normal increase, and in some cases an actual decrease in population in the rural sections of the

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state, which presents a problem worthy of serious consideration in view of the millions of acres of unoccupied lands in the state suitable for agricultural use and the development of which is essential to meet the growing fiscal needs in the state to carry out its constructive program for better roads and better schools and better government, and Preamble. Whereas, The great potentialities of the state can be realized only through voluntary, concerted, state-wide action of the citizens through a common agency, devoted to unselfish, constructive development within the state and to a truthful exposition of Georgia's unmatched resources to the outside world, and Whereas, an enterprise to develop and advertise these resources wholly unselfish as between persons, cities, counties or sections, has been initiated by a committee consisting of representatives of the Georgia Association, and of the Advertising Clubs of Georgia, and the Governor of Georgia, and Whereas, Said committee, by public resolution, in harmony with public, non-profit character of said enterprise has established headquarters at the State Capitol and has declared its purpose to handle receipts and disbursements after the manner of public funds and to regard them as such; and Whereas, The purpose of said enterprise have been publicly endorsed by such organizations as the Georgia Press Association, the Georgia Bankers Association, the Georgia Drainage Association, Chambers of Commerce and representatives of the citizens of the state; and Whereas, The enterprise in question is so organized and under such management as to give promise that when carried to a successful conclusion it will result in great material good to the state; therefore,

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Be it resolved by the House, the Senate concurring, that the Advertise Georgia Enterprise be given the endorsement of the General Assembly of Georgia Endorsement. Approved August 17, 1920. CALHOUN COUNTY, SUPPLY OF BOOKS TO. No. 58. A Resolution. Whereas, The Court House of Calhoun County was destroyed by fire on Aug. 2, 1920, and all books, including Codes of Georgia, Supreme Court reports, Court of Appeals reports, form books, and Acts of the Legislature was 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 Superior Court of Calhoun County, out of the stock on hand, complete sets of the preliminary volumes of Georgia reports from number one to the last volume issued inclusive, and of the Court of Appeals reports from number one to the last volume issued, and three form books, and Acts of the General Assembly up to and including the year 1919. Books from State library. Approved August 17, 1920. CRAWFORD, W. W., REFUND TO. No. 59. A Resolution. Whereas, The Ordinary of Polk County, Ga., W. W. Crawford, did pay to Mrs. M. A. Lewis, a pensioner

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of said county, her pension for the year 1919, amounting to $90.00, and also, by an oversight did refund into the State Treasury, through the office of the Commissioner of Pensions, the $90.00 which had been sent to him to pay said pension, and Preamble. Whereas, the State is, therefore, justly due to said W. W. Crawford, ordinary of Polk County, Ga., the sum of $90.00, which he having paid to said Mrs. M. A. Lewis, refunded into the State Treasury by mistake; therefore, be it Resolved that the sum of $90.00 Ninety Dollars be, and the same is hereby appropriated to reimburse said W. W. Crawford for the mistake made by him in refunding said $90.00, which had been sent to him to pay to said pensioner, Mrs. M. A. Lewis, and the Governor is hereby authorized to draw his warrant in favor of W. W. Crawford for said amount, to be paid out of any funds in the Treasury not otherwise appropriated. Appropriation. Approved August 17, 1920. DE LOACH ET AL.; RELIEF AS SURETIES. No. 52. A Resolution. Whereas, W. C. DeLoach, Lonnie Haralson, and F. M. Ridley Jr., did on the 13th of May, 1918, become bail for the appearance of one James Flowers at the June Quarterly Term of the City Court of La-Grange, Troup County, Georgia, in a case therein pending against James Flowers charging him with the offense of a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said James Flowers at the March Quarterly Term, 1920, of said Court; and whereas an execution was issued upon

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a rule absolute based on the forfeiture of said bond for the principal sum of $500.00, and cost; and whereas the said James Flowers was afterwards recaptured by the said Sureties, who paid the expense of said recapture, and return of said James Flowers from Alabama, where he was recaptured and whereas, the said James Flowers was by said Sureties, delivered over to the Sheriff of said county, and by him incarcerated in the common jail in said county; Preamble. Be it resolved by the House of Representatives, the Senate concurring, that inasmuch as the purpose for which said bond was made is fully accomplished, that the said W. E. DeLoach, Lonnie Haralson, and F. M. Ridley Jr., the Sureties on said bond, be relieved from all liability on said execution issued on said forfeiture, and provided, however, that the said W. E. DeLoach, Lonnie Haralson, and F. M. Ridley Jr., the Sureties on said bond shall have first paid all cost in forfeiting said bond. Relief from forfeiture. Approved August 17, 1920. FINANCIAL STATUS OF THE STATE. No. 35. A Resolution. Be it resolved by the House of Representatives, the Senate concurring, That the Speaker of the House and the President of the Senate, the Chairman and Vice-Chairman of the Appropriation and Ways and Means Committees of the House and Senate, be and they are hereby named as a Special Committee, who together with His Excellency, the Governor, the Hon. Comptroller General, the Honorable Treasurer, and the Hon. Secretary of State, Ex Officio Members of the same, whose duty it shall be to immediately investigate the financial status of the State for the purpose

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of ascertaining whether there exist a casual deficiency in revenues. Special Committee. Resolved further, That in the event said Committee shall find that such casual deficiency exist, that they report the result of its findings to the House and Senate at the earliest possible moment together with such recommendations as in their best judgment shall dictate for supplying such casual deficiency and for the State's best interest. Report. Approved July 19, 1920. FLINT RIVER, PARTLY NON-NAVIGABLE. No. 40. A Resolution. Whereas, the Flint River is unsuitable for navigation above the south side of Broad Street in the City of Albany, Dougherty County, Georgia; and Preamble. Whereas, the War Department has reported to the National Congress, after careful examination of the said River above said point by the Engineering Department of the United States Army, that the said River is not suitable for navigation above the City of Albany; and Whereas, it is important to the development of the commercial resources of this section of the state traversed by said River above the City of Albany that, the status of that portion of the river to navigability be defined by law; Be it therefore Resolved by the House of Representatives, the Senate Concurring, that all of that portion of Flint River, above the south side of Broad Street in the City of Albany, Dougherty County,

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Georgia, to the source of said river, is hereby declared to be non-navigable. Part declared non-navigable. Be it resolved further that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved August 10, 1920. HARALSON, LONNIE; RELIEF AS SURETY. No. 56. A Resolution. Whereas, Lonnie Haralson, did on the 26th day of February, 1919, become bail for the appearance of one James Flowers, at the March Quarterly Term, 1919, of the City Court of LaGrange, Troup County, Georgia, in a case pending against James Flowers, charging him with the offense of a misdemeanor, which said bond was forfeited by reason of the non-appearance of said James Flowers at the March Quarterly Term, 1920, of said Court; Preamble. And whereas, a rule absolute was entered and an execution issued upon the said rule absolute on the forfeiture of said bond for the principal sum of $200.00 and cost; whereas, the said James Flowers was afterwards recaptured by the said Lonnie Haralson, who paid the expenses of said recapture and the return of him back from Alabama, at which place he was recaptured, and whereas the said James Flowers was delivered over to the Sheriff of said County, and incarcerated in the jail of said County; Be it resolved by the House of Representatives and the Senate concurring, that inasmuch as the purpose for which said bond was made is fully accomplished, that the said Lonnie Haralson be relieved from all liability on said execution issued on said forfeiture,

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provided, however, that the said Lonnie Haralson, the Surety on said bond, shall have first paid all cost in forfeiting said bond. Relief from forfeiture. Approved August 17, 1920. HARALSON, LONNIE; RELIEF AS SURETY. No. 66. A Resolution. Whereas, Lonnie Haralson did, on the 9th day of August, 1919, become bail for the appearance of one James Flowers, at the September Term, 1919, of the City Court of LaGrange, Troup County, Georgia, in a case pending against James Flowers, charging him with the offense of a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said James Flowers, at the March Term, 1920, of said Court. Preamble. And whereas a rule absolute was entered and an execution issued upon the said rule absolute on the forfeitures of said bond for the principal sum of $300.00 and cost; and whereas, the said James Flowers was afterwards recaptured by the said Lonnie Haralson, who paid the expenses of said recapture and the return of him back from Alabama, at which place he was recaptured, and whereas the said James Flowers was delivered over to the Sheriff of said County, and incarcerated in the jail of said county. Be it resolved by the House of Representatives and the Senate concurring, that inasmuch as the purpose for which said bond was made, is fully accomplished, that the said Lonnie Haralson be relieved from all liability on said execution issued on said forfeiture, provided, however, that the said Lonnie Haralson,

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the Surety on said bond, shall have first paid all cost in forfeiting said bond. Relief from forfeiture. Approved August 17, 1920. HARALSON, LONNIE; RELIEF AS SURETY. No. 67. A Resolution. Whereas, Lonnie Haralson, did on the 27th day of March, 1919, become bail for the appearance of one James Flowers, at the June Quarterly Term, 1919, of the City Court of LaGrange, Troup County, Georgia, in a case pending against James Flowers, charging him with the offense of a misdemeanor, which said bond was forfeited by reason of the non-appearance of said James Flowers at the March Quarterly Term, 1920, of said Court. Preamble. And whereas a rule absolute was entered and an execution issued upon the said rule absolute on the forfeiture of said bond for the principal sum of $500.00, and cost; and whereas, the said James Flowers was afterwards recaptured by the said Lonnie Haralson, who paid the expenses of said recapture and the return of him back from Alabama, at which place he was recaptured, and whereas the said James Flowers was delivered over to the Sheriff of said County, and incarcerated in the jail of said county. Be it resolved by the House of Representatives and the Senate concurring, that inasmuch as the purpose for which said bond was made, is fully accomplished, that the said Lonnie Haralson, be relieved from all liability on said execution issued on said forfeiture, provided, however, that the said Lonnie Haralson, the Surety on said bond shall have first paid all cost in forfeiting said bond. Relief from forfeiture. Approved August 17, 1920.

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HARDY, J. H.; RELIEF AS SURETY. No. 44. A Resolution. Whereas, J. H. Hardy did, on the 16th day of September, 1919, become bail for the appearance of Will Sledge, to answer final judgment on motion for new trial set October 17th, 1919, pending in the City Court of LaGrange, Troup County, Georgia, based on conviction of said Will Sledge, for a misdemeanor, which said bond was forfeited, by the reason of the non-appearance of the said Will Sledge at the time specified in said bond to answer the final judgment of said Court in said motion for new trial, which was denied, and whereas the execution was issued upon the forfeiture of said bond for the principal sum of $300.00 and cost; and whereas said Will Sledge was afterwards re-arrested by the Sheriff of said County, and by the said Sheriff delivered over to the Convict Warden for service of sentence and whereas the said Will Sledge is now serving his term in the Troup County chain gang. Preamble. It is resolved by the House of Representatives, the Senate concurring, that inasmuch as the purpose for which said bond was made is fully accomplished, that the said J. H. Hardy, be relieved from all liability on said execution issued on said forfeiture, provided, however, that the said J. H. Hardy, the Surety on said bond, shall have first paid all cost in forfeiting said bond. Relief from forfeiture. Approved August 17, 1920.

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HARP, C. J.; RELIEF AS SURETY. No. 57. A Resolution. Whereas, Harvey Mashman was, upon accusation in the city court of Oglethorpe at the July term, 1914, thereof, charged with selling whiskey, and he was set at liberty upon bond signed by C. J. Harp, and Preamble. Whereas, said Harvey Mashman was required by said bond to appear in the city court of Oglethorpe at the next term, 1914, said bond being in the sum of One Hundred Sixty-two ($162.35) Dollars and thirty-five cents, and Whereas, the said C. J. Harp, as said bondsman, had the said Harvey Mashman present at two succeeding terms of said city court of Oglethorpe to answer to said charge, but the same was continued by the Solicitor, and when case was called at the third term thereafter, said Harvey Mashman failed to appear, and Whereas, the said C. J. Harp paid said bond of One Hundred Sixty-two ($162.35) Dollars and thirty-five cents, which included all costs, the sheriff of Macon County, and Whereas, the said C. J. Harp, after having paid said money, learned that said case against Harvey Mashman had been nol prossed as by the Honorable Jule Felton, Solicitor of said Court, Therefore, be it resolved by the House of Representatives, the Senate concurring, That the County authorities of Macon County be, and they are, hereby authorized to pay to the said C. J. Harp, the sum of One Hundred Sixty-two ($162.35) Dollars and thirty-five cents of the funds arising from the funds arising from the fines and forfeitures of the city court of Oglethorpe to reimburse

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him for the sum so paid by him on account of said bond. Refund of payment. Approved August 16, 1920. INDEX PRINTING COMPANY; CANCELLATION OF CONTRACT. No. 45. A Resolution. Whereas: On the 29th day of December, 1915, the Index Printing Company of Atlanta, Georgia, entered into a contract with George W. Stevens, reporter of the Supreme Court of Georgia, for the electrotyping, printing, binding and delivery of 2,000 copies of each of 10 volumes of the State Reports of the decisions of the Supreme Court and the Court of Appeals, known as Georgia Reports and Georgia Appeals Reports, said contract providing that when the Index Printing Company should have completed the execution of said contract, as to said 10 volumes, the State of Georgia had the right of calling upon said contractor for 10 additional volumes of said reports at the same price and under the same terms, stipulations, and requirements as was provided in repect of the original 10 volumes. Preamble. Whereas: Upon completion of the original 10 volumes of said reports the State of Georgia exercised its said option for the making of said 10 additional volumes; and, Whereas: When said contract was entered into it was made in compliance with the bid of said contractor for said work, which was the lowest bid received by the State for such work, and which bid was based upon the then existing cost of the material and labor, necessary for the execution of said work; and,

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Whereas: Since the exercise of said option by the State, said contractor has completed two of the additional volumes required of said contractor, and has another volume of each of said reports nearing completion, leaving six volumes of said reports yet to be printed under said contract; and, Whereas: On account of the extraordinary and unforeseen advance in the cost of executing said contract, and the difficulty of procuring material and competent labor, said contractor has had extreme difficulty in performing the contract at all, and has performed the same at an enormous loss, the price of material having advanced 236% since said contract was entered into, and the cost of labor having advanced more than 218%, said enormous advances having been caused by the conditions consequent upon the world war, and the entry of the United States of America into the same; and, Whereas: It would be unduly oppressive upon the contractor for the State to exact the completion of the contract according to its terms, and it is the desire of the Supreme Court Reporter and Governor that the State should not insist upon the completion of said contract by the contractor upon its terms, owing to the changed conditions impossible to be foreseen when said contract was entered into, and over which the contractor had no control; Therefore: Be it resolved by the Senate, the House concurring, That the Supreme Court Reporter and the Governor be and they are hereby authorized to cancel said contract as to all the remaining volumes yet to be printed, under said contract except the volumes now in process of completion, and to relieve the Index Printing Company, and the sureties upon its bond of any penalty, forfeiture or liability on account of said contract. Authority to cancel contract, etc. Approved August 17, 1920.

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LANIER AND OTHER NEW COUNTIES, REPRESENTATION FOR. No. 49. This Resolution has been printed with Amendments to Constitution, ante. LEGISLATIVE VISITING COMMITTEE, APPROPRIATION FOR. No. 60. A Resolution. Whereas, the appropriation of $7,500.00 for the expenses of Legislative Committees visiting the various institutions and properties of the State is not sufficient to pay such expenses, Preamble. Therefore, be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that an additional sum of $5,000.00, or so much thereof as may be necessary, be and is hereby appropriated for the purpose of paying the expenses and per diem of said members of the legislative committees who have visited said institutions and properties of the State, and the Governor is hereby authorized and directed to draw his warrant on any funds in the Treasury not otherwise appropriated to pay this appropriation. And the further sum of $7,500.00, or so much as may be necessary is hereby appropriated for the purpose of defraying the expenses of the Committee appointed under joint resolution to investigate the charges against the State Veterinarian and the Governor is authorized to draw his warrants on any of the funds in the Treasury for said appropriation. Appropriations for expenses. Approved August 16, 1920.

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McDONALD, J. W.; RELIEF AS SURETY. No. 65. A Resolution. Whereas, Sophie Meyers was set at liberty upon a bond signed by J. W. McDonald, security, the same being for the appearance of said Sophie Myers to answer to the July term 1918, of Richmond Superior Court; and, Preamble. Whereas, the bond upon which J. W. McDonald was security was forfeited, said bond being for the sum of $200.00, and Whereas, the said J. W. McDonald security, captured and delivered to the sheriff of Richmond County the said Sophie Meyers who procured her release by procuring other security; and, Whereas, judgment was given against the said J. W. McDonald, in said case and execution has issued thereon; Therefore, be it resolved by the House, the Senate concurring, that inasmuch as the purpose for which said bond was given has been fully accomplished that the said J. W. McDonald be relieved of all liability of said execution issued on said forfeiture and judgment, on the bond of Sophie Meyers for $200.00 and costs, and the Clerk of the Superior Court of Richmond County, is hereby authorized and directed upon the payment of the costs that have accrued in said case, to mark said execution satisfied and cancel same of record. Relief from forfeiture. Approved August 16, 1920.

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MONUMENT FUNDS, COMMITTEE ON. No. 51. A Resolution. Resolved by the House, the Senate concurring, That the Governor of Georgia is hereby authorized and directed to appoint a Commission of five (5) to solicit and secure funds for the purpose of erecting a monument of the Honorable A. H. Stephens and Crawford W. Long in the Hall of Fame in Washington, D. C., as the representatives from Georgia. Commission for Stephens and Love monuments. Approved August 17, 1920. NEW CURRENCY BILLS, EXCHANGE OF, FOR OLD. No. 63. A Resolution. Whereas, the currency in general circulation in this State is in a very large part old, worn, filthy and germ laden, and Preamble. Whereas, the general use of such currency has been pronounced to be a menace to public health, and Whereas, Georgia is discriminated against in having to continue to use such currency when the states near the Federal Treasury and the various sub-treasuries are constantly supplied with new and clean bills, and Whereas, the banks of Georgia cannot exchange old, mutilated and filthy currency for new and clean currency without an expense of so considerable an amount that they cannot afford to have such an exchange made,

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Therefore, resolved by the General Assembly of the State of Georgia that the Senators from this State and the Representatives in Congress therefrom be requested to secure the passage of an Act of Congress authorizing the shipment of currency to and from the banks for the purpose of exchange at the expense of the United States. Act of Congress requested. Approved August 17, 1920. NON-METALLIC EXPERIMENT STATION. No. 43. A Resolution. Whereas, the United States Bureau of Mines proposes to establish at its own expense at some technical school in the Southeastern States a non-metallic Experiment Station for research, development, and utilization of the non-metallic minerals in the Southeastern States, and, Preamble. Whereas, the State of Georgia exceeds, both in variety and extent of the valuable deposits any other Southern States in said non-metallic resources, and, Whereas, the United States Bureau of Mines sent recently its Chief Chemical Technologist and its Director of Experiment Stations to the Georgia School of Technology to investigate Georgia's technical school, for the purpose of comparing its facilities and conditions with those of technical schools and universities in several other Southeastern States, and, Whereas, The Georgia School of Technology has been established by this State Legislature as the State Engineering Experiment Station and is now planning and providing research facilities second to none in the United States, and,

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Whereas, it is the firm conviction of the Georgia Legislature that the greatest benefit to the Federal Government and entire South will be secured by the establishment of the said non-metallic Experiment Station in Georgia at the Georgia School of Technology, and, Whereas, the State Legislature is deeply interested in this subject of the development of the natural mineral and other resources of Georgia and the South and views with pride and hearty appreciation the pioneer work of the Georgia School of Technology in such development and its effort to secure the said Nonmetallic Experiment Station. Therefore, Be it Resolved by the Senate, the House concurring, that we hereby earnestly and respectfully request of the Secretary of the Interior, the Director of the Bureau of Mines, and other Federal officials interested in this matter that they give very careful consideration to the claims of Georgia and the Georgia School of Technology for said Non-metallic Experiment Station and that we further assure the Federal Government and especially the Bureau of Mines of the thorough co-operation of the State of Georgia with the Bureau of Mines and the Georgia School of Technology in the work of said Non-metallic Experiment Station. Consideration of School of Technology requested. Dated this..... day of..... 1920. ..... Approved August 16, 1920.

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PARK'S CODE FOR STATE SANITARIUM. No. 38. A Resolution. Whereas, the State Librarian of Georgia has on hand several copies of Park's Code and whereas, the Georgia State Sanitarium at Milledgeville, Georgia, often has need of this work; Preamble. Therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and instructed to furnish to the Georgia State Sanitarium at Milledgeville, Georgia, a copy of Park's Code. Copy from State library. Approved July 31, 1920. PENSION DEFICIENCY APPROPRIATION. No.55. A Resolution. Whereas, the appropriation made to pay the original Pension Roll of 1920 is insufficient as shown by the Report of the Commissioner of Pensions to pay all on said Rolls, and to pay the Ordinaries for their work in connection therewith as provided by law for 1920, and Preamble. Whereas, there is scattered over the State, and visiting out of the State, about one hundred of these pensioners yet to be paid for 1920, and there is only a small balance of seven hundred dollars in hand to pay them, and Whereas, there has been paid and will be paid when the Pension Rolls of 1920 are closed, about thirteen thousand, for which there will be due to the

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Ordinaries of the State, under existing law, one dollar for each pensioner paid. Be it Resolved, therefore, that the sum of twentyfive thousand dollars be and is hereby appropriated, or so much thereof as may be necessary to pay the unpaid pensioners, and the Ordinaries of the State for their work in connection therewith for 1920, and should there be any surplus the same to be covered into the general fund of the Treasury after January 1, 1921. Appropriation for unpaid pensions. Approved August 17, 1920. PENSION PAYMENTS TO BERRONG, TOUCHSTONE, AND CRANE. No. 61. A Resolution. Whereas, John P. Berrong, an indigent pensioner of the State from the County of Rabun, was stricken from the pension Roll on November 30, 1917, by the Commissioner of Pensions under a misapprehension, and as soon as the Commissioner of Pensions was correctly informed as to the true status of the said J. P. Berrong, he restored him to the Pension Roll, to be paid his pension for 1920, and the said J. P. Berrong lost the pension of 1918 of $80.00 and of 1919, of $90.00 by reason of being stricken from the Pension Roll and before being restored thereto, and Preamble. Whereas, W. A. Touchstone was on the Service Pension Roll of Floyd County, Georgia, and departed this life in April, 1919 (and paid his last pension for 1919) and that he died leaving a widow to whom he was lawfully married on the 21st day of March, 1869, and by operation of law, she became eligible to a pension in her own right, and through ignorance and for want of information as to what her rights were, she

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failed to make and file her application in the office of the Commissioner of Pensions, within the time fixed by law to be placed on the Roll to be paid a pension for 1920, to which she was lawfully entitled; and Whereas, J. H. Crane, an indigent pensioner of Pike County, Georgia, was placed on the indigent Pension Roll of said County in 1901, and died in said County on the 31st day of December, 1919, at 5.00 o'clock P. M. possessed of no estate, either real or personal, and the pension for 1920 would have been due immediately after 12:00 o'clock A. M. January 1st, 1920, just seven (7) hours after the death of the said J. H. Crane; Be it resolved, that the sum of one hundred and seventy ($170.00) Dollars be and is hereby appropriated to pay the pensions due to J. P. Berrong of Rabun County, for the years 1918 and 1919, that were withheld from him while stricken from the Pension Roll, and the Governor is hereby authorized to draw his warrant in favor of the said J. P. Berrong for said sum to be paid out of any funds in the treasury, and, Appropriation to J. P. Berrong. Be it further Resolved, that the sum of One Hundred Dollars, be and is hereby appropriated to pay the pension of Mrs. Amanda Touchstone, of the county of Floyd, for the year 1920, and the Governor is hereby authorized to draw his warrant in favor of Mrs. Amanda Touchstone, to be paid out of any fund that may be in the Treasury undisposed of and Appropriation to Mrs. Amanda Touchstone. Be it further Resolved. That the sum of One Hundred ($100.00) Dollars be and the same is hereby appropriated to the Ordinary of Pike County, Georgia, to be by him applied to the payment of the expenses for the last illness and funeral expenses of the said J. H. Crane and that the Governor is authorized to draw his warrant for the said sum of One Hundred ($100.00) Dollars payable to the Ordinary of Pike

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County, Georgia, for the pension of the said J. H. Crane for the year 1920. Appropriation to J. H. Crane, deceased. Approved August 17, 1920. PENSION PAYMENTS UNDER AMENDMENT OF 1918. No. 62. A Resolution. Whereas, That under the New Constitutional Amendment of 1918, the law has been so amended by the General Assembly removing the restriction of Fifteen Hundred Dollars from the right of all ex-Confederate Soldiers, and the widows thereof, and allowing every ex-Confederate Soldier, and the widows of such that married before January 1, 1881, to be granted an annual pension as provided by law, and Preamble. Whereas, That in pursuance of this law there was filed in the Pension Office, up to Nov. 1, 1919, to be placed on the Pension Rolls and to be paid for 1920, five thousand eight hundred and sixty-three applications, and out of this number the Commissioner of Pensions has approved and placed on the Pension Rolls of both Soldiers and Widows, forty-seven hundred who are entitled under the law, to a pension of one hundred dollars each for 1920. Be it resolved, therefore, that the sum of four hundred and seventy five thousand dollars be and is hereby appropriated, or so much as may be necessary to pay these approved applicants under the Constitutional Amendment of 1918, and to pay the Ordinaries their fees in connection with this work for 1920, and should there be a surplus, the said sum to be covered

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into the general funds of the Treasury after January 1, 1921. Appropriation to pay approved applicants. Approved August 17, 1920. POLITICAL GATHERINGS IN LEGISLATIVE HALLS; CONSENT REQUIRED. No. 36. A Resolution. Resolved by the House of Representatives, the Senate concurring, that the Governor be requested to direct the Keeper of Public Buildings and Grounds not to permit political gatherings by any party or of any kind, held in either Chamber without the consent of all members of the committees on public properties of both of said houses. Consent of committees. Approved July 24, 1920. SALE OF BULLOCH COUNTY LANDS. No. 64. A Resolution. To authorize the sale of and transfer of thirteen acres of land, more or less, situated in Bulloch County, Georgia, now owned and possessed by the State of Georgia for the benefit of the First District Agricultural and Mechanical School near Statesboro, Georgia, and to provide for the disposition of the proceeds of the sale, and for other purposes. Whereas, the State of Georgia is now seized and possessed of title to a certain thirteen acres, more or less, or land lying, being and situated in the 1209th

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District G. M., Bulloch County, Georgia, being a part of the land originally acquired and held for the benefit of the First District Agricultural and Mechanical Schools, and being a part of that portion of said land lying on the Northwestern side of said tract and being that part of the original tract which will lie on the western side of South Main Street in the City of Statesboro, Bulloch County, when said South Main Street is extended on a straight line as it now runs and until it strikes the Dixie Overland Highway at a point on the Southwestern side of said tract, and the piece of land herein referred to will be that piece which will contain thirteen acres, more or less, which will lie on the western side of South Main Street when so extended; and Preamble. Whereas, said tract of land not being suitable for cultivation as a part of the farm; and Whereas, it will be to the advantage of said school to have said South Main Street extended through said tract of land on a straight line; and Therefore, be it Resolved by the General Assembly of Georgia, and it is hereby resolved by authority of same that the Board of Trustees of the First District Agricultural and Mechanical School is hereby authorized to sell and dispose of, either at public or private sale, and as a whole or in particles, as they may deem best that certain thirteen acres of land, more or less, lying in the 1209th District G. M., Bulloch County, Georgia, and being that tract of land which will lie on the western side of an extension of South Main Street on a stright line from its present location and until it strikes the Dixie Overland Highway on the South side of said tract of land; provided that the same shall not be sold for less than fifty dollars per acre; and the Chairman of said Board of Trustees of said First District Agriculture and Mechanical School is hereby authorized and empowered to make and execute

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to the purchaser or purchasers thereof, deed or deeds conveying Fee Simple title to the parcel or parcels sold, the same to be minutely described in said deed as need be, and to receive from such purchaser or purchasers the purchase price thereof. Said deed of conveyance so executed and signed being sufficient, without more, to invest such purchaser, their heirs and assigns with a fee simple title to said land. Authority to sell lands and convey titles. Be it further Resolved, that the proceeds of said sale or sales shall be received and used by said Board of Trustees for the benefit, use and purposes of said First District Agriculture and Mechanical School in such manner as they may deem best. Use of proceeds. Approved August 17, 1920. STAFFORD, ELI; PENSION PAYMENT. No. 39. A Resolution. Whereas, Eli Stafford was a disabled soldier pensioner of Liberty County, in the State of Georgia, and died April 21st, 1919, before collecting the pension of Eighty ($80.00) Dollars, due him by the State of Georgia for the year 1919; and Preamble. Whereas, the Pension laws of Georgia provide that a pension which was already due shall be applied to the payment of the expenses of last illness and funeral of the pensioner if it is shown that he died within the State of Georgia without owning sufficient property to pay such expenses; and Whereas, it has been legally shown that according to the law the pension of Eli Stafford should have been applied to the payment of said expenses, and all vouchers necessary to the making of such payment are now on file in the Pension Office, but were not on

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file in time for the payment to be made out of the 1919 Pension Fund, it is therefore, Resolved, that the sum of Eighty ($80.00) Dollars be, and the same is hereby appropriated to pay the pension of Eli Stafford, of the County of Liberty, deceased, and the Governor, upon requisition being made therefor by the Commissioner of Pensions, is hereby authorized to draw his warrant therefor, to be paid by the Treasurer of Georgia to the Ordinary of Liberty County, out of any funds in the Treasury not otherwise appropriated. Appropriation for Eli Stafford, deceased. Approved August 9, 1920. STRIVINGS, S. L., INVITED TO ADDRESS ASSEMBLY. No. 37. A Resolution. Whereas, Mr. S. L. Strivings, Vice-President of the American Farm Bureau Federation will be in Georgia for a ten-day speaking tour, and Preamble. Whereas, it is vitally important that our people be informed about their work; and Whereas, the purpose and work and accomplishments of said Bureau, could and would be made to reach every county in Georgia through the General Assembly, therefore, be it resolved by the House, the Senate concurring, that Mr. Strivings, be and he is hereby invited to address the General Assembly during his stay in this State. Invitation. Resolved further, that the Speaker of the House and President of the Senate are authorized to agree on

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and fix a date for said address with the State Director of said Bureau. Approved July 31, 1920. UNFINISHED BUSINESS OF ASSEMBLY; PERSONS AUTHORIZED TO REMAIN AFTER ADJOURNMENT. No. 42. A Resolution. Resolved by the Senate, the House of Representatives concurring, that the President of the Senate and the Speaker of the House of Representatives, the Secretary of the Senate and the Clerk of the House of Representatives 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. Officers to remain at Capitol. Resolved, that the chairmen, respectively, of the Enrollment and Auditing Committee of the House and Senate, together with the members of the Senate Enrollment Committee, and eight members of the House Enrollment Committee, to be designated by the chairman thereof, and two members of the House Auditing Committee, and two members of the Senate Auditing Committee, to be designated by the chairman thereof, and the chairman of the House Engrossing Committee and four members of the House Engrossing Committee to be designated by the chairman thereof, and the chairman and two members of the Senate Engrossing Committee, to be designated by the chairman thereof, be and they are hereby authorized to remain at the Capitol five days after the adjournment

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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. Committee members authorized to remain. Resolved further, That the postmistress of the House be and she is hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly, for the purpose of distributing and forwarding members' mail and that she be allowed her per diem for said time. Postmistress. Resolved further, that three porters of the House and two porters of the Senate be and they are hereby authorized to remain at the Capitol five days after the the adjournment of the General Assembly and that they be allowed their per diem for said time. Porters. Approved August 16, 1920. UNIVERSITY OF GEORGIA, REPORTS AND OTHER BOOKS FOR. No. 41. A Resolution. Be it resolved by the House of Representatives, the Senate concurring, That the State Librarian is hereby authorized and instructed to furnish to the University of Georgia, at Athens, two (2) sets of the Supreme Court Reports, two (2) sets of the Reports of the Court of Appeals and two (2) copies of such other public books as are furnished to the several counties, not including the Acts of the General Assembly. Books from State Library. Approved August 10, 1920.

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WESTERN AND ATLANTIC RAILROAD COMMISSION DISCHARGED. No. 53. A Joint Resolution. To discharge the Western and Atlantic Railroad Commission from further duties or responsibilities as to the lease or other disposition of the Western and Atlantic Railroad, under the Act of the General Assembly approved November 30, 1918, and the Acts amendatory thereof and to confer certain of its powers and duties on the Railroad Commission of Georgia. Whereas, the Western and Atlantic Railroad Commission, created by the Act of the General Assembly approved November 30, 1915, for the purpose of leasing or otherwise disposing of the Western and Atlantic Railroad and its properties, has under the provisions thereof, made and completed new leases of said railroad and all of its properties, made delivery of the same to the new lessees, and reports thereof to the General Assembly; Preamble. Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that the said Western and Atlantic Railroad Commission be and is hereby discharged and relieved of any and all further duties or responsibility, under the provisions of said Act of the General Assembly, approved November 30, 1918, creating said Commission and defining its powers and duties. Commission discharged. Be it further resolved, that the powers and duties conferred upon said Commission by said Act of 1918 and the Acts amendatory thereof, as to encroachments upon the said railroad and its properties, and the general supervision over said railroad and its properties, be and they are hereby conferred upon and vested in the Railroad Commission of Georgia,

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in the same full and ample manner as heretofore conferred and imposed upon the said Western and Atlantic Railroad Commission, provided, the said Railroad Commission of Georgia shall have no power to sell any of said property, or otherwise dispose of same. Duties and powers transferred. Be it further resolved that W. A. Wimbish, Counsel for the Commission, appointed by the General Assembly in 1918 and now in charge as Attorney of the litigation with the Southern Railway for the discontinuance of encroachments at and near Dalton and Atlanta, be directed to report to the Railroad Commission. Counsel. Be it further resolved that all laws and parts of laws in conflict with this resolution be and are hereby repealed. Approved August 17, 1920.

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TREASURER'S REPORT

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Showing Receipts and Disbursements at the State Treasury for Twelve Months Ending December 31, 1919. RECEIPTS. Dr. 1919. Dr. 1918. To BALANCE IN THE TREASURY $ 813,139.66 $ 1,459,264.25 To Abstract Companies' Tax 27.00 63.00 To Adding Machine Companies 1,138.50 450.00 To Agencies 1,642.50 1,080.00 To Amusement Parks 288.00 To Artists 1,336.50 1,584.90 To Athletic Clubs 99.00 To Auctioneers 1,733.72 1,102.50 To Automobile Agents 59,639.31 42,482.25 To Auto Assembling Plants 45.00 To Awning and Tent Makers 121.50 To Back Taxes 110,848.07 7,665.04 To Ball and Other Parks 180.00 45.00 To Barbers' Schools 45.50 To Barbers' Supplies 135.00 To Bicycles 1,656.00 1,071.00 To Billiards and Pool 33,151.17 32,594.50 To Bill Posters 571.00 To Book Agents 148.50 To Bond Makers 270.00 To Bottlers 5,062.50 4,432.50 To Brokers (S. B.) 2,272.50 To Emigrant Agents 434.60 450.00 To Cars for Hire 7,056.00 To Cash Registers 630.00 540.00 To Cemetery Agents 396.00 To Cigar Makers 36.00 To Cigarette Dealers 82,919.83 56,380.72 To Clerks' Cost Court of Appeals 1,120.00 6,928.75 To Clerks' Cost Supreme Court 229.59 To Construction Companies 307.25 To Coal and Wood Dealers 3,159.00 To Cold Storage Tax 4,621.50 4,248.00 To Contractors 884.01 To Corporation Tax (ad valorem) 92,513.53 95,168.58 To Cost on Fi Fas 4.50 11.00 To Dance Halls 157.50 To Detective Agents 99.00 45.00 To Directory Tax 202.50 90.00 To Dividends on Stocks 2,782.00 2,782.00 To Card Writers 4.50 To Dry Cleaners 1,035.00 To Electrical Contractors 558.00 To Electric Shows 9,522.90 12,087.00 To Electric Show Supplies 315.00 To Employment Agencies 90.00 To Equipment Companies' Tax 2,412.98 1,860.45 To Express Companies' Tax 2,748.58 4,004.47 To Fees from Fertilizers 108,885.75 113,400.20 To Fees from Pure Food 68,058.40 52,544.28 To Forest Reserve Fund 1,049.99 To Games 1,383.75 1,575.00 To Game Protection Fees 4,500.00 5,500.00 To Garages 7,260.93 To General Tax 4,843,691.48 3,950,651.94 To Poll Tax 315,566.90 303,624.47 To Interest from Tax Collectors 2,222.27 2,496.36 To Health Com. Fees 50.00 55.00 To Ice Cream Dealers 148.50 To Inheritance Tax 168,052.94 191,335.99 To Insolvent General Tax 20,859.72 29,400.34 To Insolvent Poll Tax 2,488.54 1,636.72 To Insurance Agents 22,254.16 17,637.53 To Insurance Fees 48,232.00 42,120.00 To Insurance Tax by Companies 331,545.56 269,237.16 To Implement and Machinery Mfrs. 1,500.00 To Insolvent Dog Tax 81.95 To Fines and Forfeitures 12.19 To Decorators 9.00 To Advertising Agents 45.00 To Back Taxes, Conscience Fund 13.00 To Interest from Depositories 11,427.75 15,227.83 To Junk Dealers 3,305.61 To Land Title Registration Fees 42.56 4.75 To Lease Indian Spring 110.00 110.00 To Lighting Plants 607.50 To Lightning Rods 135.00 387.50 To Live Stock Dealers 4,450.50 To Loan Agents 3,348.00 513.00 To Lumber Dealers 270.00 To Manufacturers Soft Drinks 5,735.58 4,555.89 To Merchandise Brokers 2,263.50 To Money Refunded 3,529.35 1,433.28 To Monument Dealers 1,278.00 To Mowing Machine Agents 9.00 To Patented Articles 67.50 To Musical Dealers 3,379.50 To Occupation Tax (Capital) 213,911.03 143,422.62 To Office Fees 2,323.25 3,196.61 To Oil Fees 352,993.40 302,362.57 To Palmists 495.00 675.27 To Pawnbrokers 10,800.00 10,530.00 To Peddlers 8,568.00 6,412.50 To Pensions Refunded 32,188.17 29,477.43 To Picture Frame Dealers 180.00 To Pistols and Cartridges 11,704.50 7,708.50 To Playing Card Dealers 3,019.50 To Pumping Systems 139.50 To Railroad News Companies 1,350.00 540.00 To Railroad Tax 577,020.90 559,225.49 To Real Estate Agents 3,928.81 2,502.00 To Rental Public Property 705.00 8.00 To Rental W. A. Railroad 501,303.19 420,012.00 To Rinks 310.50 333.00 To Sanitariums 1,035.00 To Sale of Farm Products 2,158.94 To Sale of Public Property 33,275.00 34.50 To Sale of Acts 290.45 425.75 To Sale of Codes 326.40 154.50 To Sale of Records 58.00 83.40 To Sale of Court of Appeals Reports 1,185.50 1,429.28 To Sale of Supreme Court Reports 1,738.40 1,332.73 To Safes and Vaults 54.00 To Sewing Machine Agents 2,440.00 2,220.00 To Sewing Machine Companies 1,600.00 1,800.00 To Show Tax 6,078.15 15,304.50 To Sleeping Car Companies 5,347.72 5,240.30 To Slot Machines 1,704.92 976.50 To Soda Fount Tax 6,377.00 5,796.18 To Specialists 202.50 171.00 To Sale of Automobile Tags (Surplus) 83,926.75 70,000.00 To State Road Automobile Tax 253,989.84 215,955.48 To Street Railroad Tax 95,264.78 93,573.29 To Teachers' Agencies 67.50 To Telegraph Companies' Tax 11,188.56 10,521.25 To Telephone Companies' Tax 44,819.20 43,207.39 To Temporary Loan 700,000.00 450,000.00 To Traders 904.50 To Trucks (G. O.) 4,522.50 To Typewriter Agents 567.00 495.00 To Undertakers 4,756.50 To Warehouses 4,104.00 To Weighing Scales 254.25 180.00 To Wild Lands Sale 3.36 191.53 To Motor Vehicle Fees 1,866.55 To Sale Feedstuffs 78.22 Total Receipts During 1919 $ 9,413,311.03 Aggregate, Including Balance $ 10,226,450.69 $ 9,145,709.35

Page 1804

Showing Receipts and Disbursements at the State Treasury for Twelve Months Ending December 31, 1919. DISBURSEMENTS. Cr. 1919. Cr. 1918. By Academy for Blind $ 40,000.00 $ 38,500.00 By Agricultural Schools 179,000.00 187,850.00 By Albany Normal School (for Colored) 5,000.00 5,000.00 By Binding Codes 750.00 1,667.96 By Binding Journals 275.00 By Board of Health 60,000.00 33,500.00 By Civil Establishment 319,702.81 265,600.39 By Clerks' Cost, Court of Appeals 998.75 1,446.25 By Clerk to Tax Commissioner 500.00 By College for Colored 10,830.00 9,830.00 By Contingent Fund 26,704.56 31,833.05 By Contingent Fund, R. R. Commission 3,000.00 4,000.00 By Contingent Fund, Supreme Court 1,444.21 1,763.43 By Contingent Fund, Court of Appeals 2,043.28 2,129.68 By Council of Defense 5,639.64 2,490.88 By Department of Agriculture (a) Maintenance 20,000.00 13,750.00 (b) Pure Food 10,000.00 10,000.00 (c) Chemicals 14,000.00 15,625.00 (d) Contagious Diseases 4,000.00 5,000.00 (e) Hog Cholera Serum 13,000.00 10,000.00 (f) Inspectors' Salary, etc. 36,824.09 29,003.69 (g) Tick Eradication 38,000.00 25,000.00 (h) Veterinarian Expenses 1,409.92 1,320.56 By Department of Agriculture Warrants 43,169.94 45,404.59 By Dept. of Archives and History 7,394.55 By Dept. of Commerce and Labor 9,976.00 8,400.00 By Experiment Station 800.00 512.88 By Game Protection Fund 2,200.00 2,000.00 By Geological Fund 15,812.21 16,597.60 By Georgia Medical College 32,500.00 30,000.00 By Georgia Normal and Industrial College 114,790.00 85,830.00 By Highway Commission 42,715.17 20,942.95 By Horticulture Fund 63,000.00 53,000.00 By Incidental Expense General Assembly 222.32 124.91 By Indexing House and Senate Journals 150.00 150.00 By Indian Springs Fund 105.00 105.00 By Inspections of Oils 2,556.43 2,766.29 By Insurance Public Buildings, etc. 12,320.06 11,381.59 By Insurance Department Fund 8,060.79 8,100.00 By Land Script Fund Interest 6,314.14 6,314.14 By Legislative Pay Roll 111,441.10 68,647.35 By Library Fund 4,477.68 3,589.04 By Library Fund Reference Bureau 1,099.78 1,166.44 By Library Fund, Court of Appeals 980.00 1,023.10 By Market Bureau 36,333.24 23,333.32 By Military Fund 21,478.00 13,000.00 By Compiler of Records 476.50 4,660.50 By Efficiency Commission 261.64 281.86 By Illiteracy Commission 6,218.87 By Clerk's Cost, Supreme Court 835.03 By North Georgia A. M. College 28,700.00 26,500.00 By Overpayment Taxes Refunded 6,859.21 6,331.27 By Pension Fund 1,268,473.75 1,222,353.15 By Printing Fund 41,544.56 59,655.18 By Printing Fund, R. R. Commission 2,478.09 1,687.72 By Prison Fund 130,000.00 116,591.35 By Public Buildings and Grounds 45,196.60 46,755.85 By Publishing Records (Col. Con.) 2,359.19 By Publishing Georgia Reports 9,715.50 7,462.45 By Public Debt (a) Interest 240,097.70 246,194.70 (b) Sinking Fund 100,000.00 100,000.00 (c) Refunding Bonds 10,000.00 By Rate Expert Fund 3,133.33 3,777.77 By Reward Fund 1,200.00 600.00 By Roster Fund 4,826.94 4,505.63 By School for the Deaf 60,938.85 61,106.26 By School Fund 3,324,889.28 2,862,030.73 By School of Technology 108,320.00 100,000.00 By School of Tech. Special Appropriation 25,000.00 By Soldiers' Home 45,000.00 45,000.00 By Solicitors Generals' Fees 7,925.00 6,520.00 By South Georgia A. M. College Val. 40,500.00 29,580.00 By Special Appropriations, Miscellaneous 16,168.76 56,733.23 By Special Appro., Legislative Com. 1,201.33 By Special Appro., 5th Dist. School 10,000.00 10,000.00 By State Normal School 72,290.00 57,500.00 By State Normal School, Special 17,000.00 By State Road Fund (Automobile) 269,101.77 225,226.55 By State Sanitarium 945,000.00 990,166.74 By State Sanitarium, Special 60,000.00 60,000.00 By State University, Support Fund 83,400.00 72,600.00 By State Univ. for Agri. College 121,875.00 121,655.00 By State Univ. for Smith-Lever 105,957.14 75,879.28 By State Univ. for Summer School 1,500.00 7,500.00 By Stationery, General Assembly 569.00 902.30 By Supervisor County officers 3,549.63 3,956.32 By Temporary Loan Refunded 711,027.71 456,833.33 By Training School for Girls 37,610.00 39,000.00 By Tuberculosis Sanitarium 47,000.00 33,000.00 By Vocational Education 18,299.72 13,326.82 By W. A. R. R. Commission 2,046.03 6,240.61 By Resaca Confederate Cemetery 35.25 Total Disbursements During 1919 $ 9,316,825.05 $ 8,332,569.69 To Balance in the State Treasury 909,625.64 813,139.66 Aggregate $ 10,226,450.69 $ 9,145,709.35

Page 1807

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. NASH R. BROYLES Chief Judge HON. W. F. JENKINS Presiding Judge HON. ROSCOE LUKE Judge HON. O. H. B. BLOODWORTH Judge HON. ALEXANDER W. STEPHENS Judge HON. BENJAMIN H. HILL Judge GEORGE W. STEVENS Reporter JOHN M. GRAHAM Assistant Reporter LOGAN BLECKLEY Clerk W. E. TALLEY Deputy Clerk P. W. DERRICK Sheriff

Page 1808

Superior Court Calendar for 1920-1921 (Successions hereunder noted begin on January 1, 1921.) ALAPAHA CIRCUIT. Hon. R. G. DICKERSON, Judge, Homerville. J. D. LOVETT, Solicitor-General, Nashville. AtkinsonFourth Mondays in January, June, and October. BerrienThird and fourth Mondays in March and September. ClinchFirst Monday in April, and second Monday in October. CookSecond Monday in March, and third Monday in October. ALBANY CIRCUIT. Hon. R. C. BELL, Judge, Cairo. (Successor to Hon. John R. Wilson, Bainbridge.) B. C. GARDNER, Solicitor-General, Camilla. BakerFirst Mondays in January and July. 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, JOHN D. HUMPHRIES, 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, Claxton. J. SAXTON DANIEL, Solicitor-General, Claxton. BryanFirst Mondays in February, May, August, and November. EvansFourth Mondays in April and October. LibertyThird Mondays in February and September. McIntoshFourth Monday in May, and first Monday in December. TattnallFirst Mondays in January and July.

Page 1809

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. McDuffieFirst Mondays in March and September. RichmondThird Mondays in January, March, May, July, September and November. BLUE RIDGE CIRCUIT. Hon. D. W. BLAIR, Judge, Marietta. JOHN S. WOOD, Solicitor-General, Canton. (Successor to John T. Dorsey, 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. GEORGE P. MUNRO, Judge, Columbus. (Successor to Hon. G. H. Howard, Columbus.) C. F. McLAUGHLIN, Solicitor-General, Columbus. ChattahoocheeThird Mondays in March and September. HarrisSecond Mondays in January and July. 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.

Page 1810

CHEROKEE CIRCUIT. Hon. MALCOLM 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. CORDELE CIRCUIT. Hon. O. T. GOWER, Judge, Cordele. J. B. WALL, Solicitor-General, Fitzgerald. Ben HillSecond and third Mondays in January, April, July, and October. CrispFourth Mondays, and the Monday following, in February, May, September, and November. DoolySecond and third Mondays in February, June, September, and December. WilcoxFourth Mondays, and the Monday following, in January, March, June, and October. COWETA CIRCUIT. Hon. C. E. ROOP, Judge, Carrollton. (Successor to Hon. J. R. Terrell, Greenville.) W. Y. ATKINSON, Solicitor-General, Newnan. (Successor to C. E. Roop, Carrollton.) 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.

Page 1811

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. MACON CIRCUIT. Hons. HENRY A. MATHEWS, Fort Valley, MALCOLM D. JONES, Macon, Judges. CHARLES H. GARRETT, 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. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July, and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August, and November. WAshingtonFirst Mondays in March and September.

Page 1812

NORTHEASTERN CIRCUIT. Hon. J. B. JONES, Judge, Gainesville. JOSEPH G. COLLINS, Solicitor-General, Gainesville. DawsonThird Monday in March, and first Monday in August. HabershamFirst Monday in March, and second Monday in August. HallThird Monday in January, first Monday in May, third Monday in July, and first Monday in November. LumpkinThird Mondays in April and October. RabunFourth Mondays in February and August. StephensFourth Mondays in January, April, July, and October. 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. FranklinThird Monday in January, fourth Monday in March, first Monday in August, and fourth Monday in September. HartFourth Mondays in February and August, and first Monday in December. MadisonSecond Monday in January, first Mondays in March and September, and fourth Monday in July. OglethorpeThird Mondays in March and September. 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. JasperFirst Mondays in February and August, and second Monday in November. JonesThird Mondays in April and October. MorganFirst Mondays in March and September. PutnamThird Mondays in March and September. WilkinsonFirst Mondays in April and October.

Page 1813

OCONEE CIRCUIT. Hon. ESCHOL GRAHAM, Judge, McRae. (Successor to Hon. Elisha D. Graham, McRae. M. H. BOYER, Solicitor-General, Hawkinsville. (Successor to W. A. Wooten, 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. OGEECHEE CIRCUIT. Hon. HENRY B. STRANGE, Judge, Statesboro. (Successor to Hon. A. B. Lovett, Sylvania.) A. S. ANDERSON, Solicitor-General, Millen. BullochFourth Mondays in April and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in March and September. ScrevenThird Mondays in May and November. 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. E. S. TAYLOR, Solicitor-General, Summerville. (Successor to Claude H. Porter, Rome.) ChattoogaSecond Mondays in March and September. FloydSecond Mondays in January and July. WalkerThird Mondays in February and August.

Page 1814

SOUTHERN CIRCUIT. Hon. WILLIAM E. THOMAS, Judge, Valdosta. CLIFFORD E. HAY, Solicitor-General, Thomasville. 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. JULE FELTON, Solicitor-General, Montezuma. 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. JOHN B. HUTCHESON, Judge, Jonesboro. A. M. BRAND, Solicitor-General, Atlanta. (Successor to George M. Napier.) 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. FRANK A. IRWIN, Judge, Cedartown. 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 1815

TIFTON CIRCUIT. Hon. R. EVE, Judge, Tifton. R. S. FOY, Solicitor-General, Sylvester. IrwinThird and fourth Mondays in March and November. TiftFirst Mondays in July and December. TurnerFirst Mondays in March and September. WorthFourth Mondays in January, April, July, and October. TOOMBS CIRCUIT. Hon. E. T. SHURLEY, Judge, Warrenton. (Successor to Hon. B. F. Walker, Gibson.) MARION L. FELTS, Solicitor-General, Warrenton. (Successor to R. C. Norman, 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. A. B. SPENCE, Solicitor-General, Waycross. BaconThird Mondays in April and November. CharltonFirst Mondays in March and October. CoffeeSecond and third Mondays in March and October. PierceSecond Mondays in April and November. WareFirst and second Mondays in May and December. WESTERN CIRCUIT. Hon. BLANTON E. FORTSON, Judge, Athens. (Successor to Hon. Andrew J. Cobb.) 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 1817

INDEX A ACCIDENTAL INJURIES Compensation of employees 167 ACWORTH Election date changed 654 School tax increased 655 ADEL Special tax ad valorem 657 Street improvements 658 ADMINISTRATORS Annual returns of 79 Sales of lands 80 , 245 ADRIAN City of, incorporated 662 ADVERTISE GEORGIA ENTERPRISE Resolution endorsing 1771 ADVERTISEMENTS Legal, rates for increased 86 AGRICULTURAL, INDUSTRIAL, AND NORMAL SCHOOL Appropriation for 1920, 1921 101 ALAMO Public schools, amending act 683 ALBANY Public schools, amending act 685 ALPHARETTA Town of, incorporated; existing charter repealed 688 AMENDMENTS OF THE CODE See Code Amendments. AMENDMENTS OF THE CONSTITUTION Acts proposing amendments 19 - 57 AMERICUS Board of tax assessors created 717 Efficiency and Economy Commission created 720 ANIMALS Fur-bearing, protection of 234 Unlawful hunting, etc., of foxes in Floyd and Greene Counties 557

Page 1818

APALACHEE Tax rate for Town of 725 APPROPRIATIONS Acts tabulated 7 Agricultural, Industrial, and Normal School 101 Deputy Clerk of Supreme Court, salary 7 General Oil Inspector, increase 8 Georgia School for the Deaf 9 Pension deficiency 1789 Public Printing Superintendent; salary 9 Public Printing Superintendent's Assistant, and maintenance 10 Railroad Commissioners' salaries 12 State Sanitorium, maintenance 12 Tuberculosis Sanatorium deficit 11 University, and high schools 32 Visiting committee of General Assembly 1784 Vocational education and rehabilitation 281 ATHENS Territorial limites extended 727 ATLANTA City Planning Commission created 729 Clerk of Council 729 , 732 Depository for State in, additional 70 Tax payments 733 AUGUSTA Policemen and firemen; retirement on part pay 734 AUSTELL Electric-light bonds 735 AUTOPSIES See Dead Bodies. B BAINBRIDGE School tax levy authorized 740 Street improvements, bonds for 741 BANKSBANKING DEPARTMENT Amendment of laws relating to 102 State depositories, additions to 69 73 BARBERS Registering and licensing of 109 BARROW SUPERIOR COURT Traverse juries in emergencies for June terms 91 BARTOW Board of education; time of election 746 Public schools; repealing act 747

Page 1819

BEES See Honey Bees. BLYTHE Town of, incorporated 748 BONDS See Counties; Municipal Corporations; Negotiable Securities. Sureties on, of county officers 75 BONDS, COUNTY AND MUNICIPAL Validation in six months 63 Validation; relief on failure to proceed 110 BOWERSVILLE School tax increased 754 BRANTLEY COUNTY Creation proposed 34 BRIDGES Amendments of code sections relating to 60 , 62 BROXTON School funds, payment of 756 BRUNSWICK Amendments to city charter 757 , 760 BRYAN SUPERIOR COURT Additional terms provided 93 BUENA VISTA New charter for Town of 792 BUFORD Amendments to city charter 806 BULLOCH COUNTY Sale of land in, authorized 1793 C CALHOUN COUNTY Supply of books to 1773 CAMAK Amendments to town charter 814 CARTERSVILLE City officers, compensation of 817 School tax increased 818 CAVE SPRING New charter for City of 818 CEDARTOWN Amendments to city charter 856

Page 1820

CERTIFICATES See Clerks. CIRCUITS See Judicial Circuits; Superior Courts. CITIES AND TOWNS See Municipal Corporations. CITY COURTS Salaries of judges and officers 116 , 287 et seq. CITY PROPERTY See Sales. CLAXTON Amendments to city charter 861 CLAYTON COUNTY Treasurer's office, election to abolish 488 CLERKS See Deputy Clerk. CLERKS OF CITY AND SUPERIOR COURTS Certificates as to jail cases, on writ of error 214 Fees of, in certain counties 117 COBB COUNTY Treasurer's salary, election to increase 490 COBBTOWN Mayor and councilmen; election, terms 864 COCHRAN Street closing 865 CODE See Park's Annotated Code; Park's Code Supplement. CODE AMENDMENTS Amended sections, numbers of 58 Annual returns of administrators, etc. (C. C. 3992.) 79 Bond validation within six months (C. C. 445, 446) 63 Bridges over waters dividing counties (C. C. 419-421) 60 Bridges over waters on borders of State (C. C. 424) 62 County warrants, interest on (C. C. 582) 65 Emigrant agent defined (P. C. 632) 87 Executions; record on general docket (C. C. 4357(a) 81 Foreclosures on real estate (C. C. 3276) 78 Legal advertisements, rates for (C. C. 6066) 86 Partition of land in two counties (C. C. 5358) 85 Pensions, method of obtaining (P. C. 1484) 88 Road materials, power to purchase (C. C. 389) 58 Road tax rate in certain counties (C. C. 696) 67 Sales by administrators, executors, etc. (C. C. 4028) 80 State depositories, additions to (C. C. 1249) 69 73 State Sanitarium, furloughs from (C. C. 1613) 74 Stenographers' compensation increased (C. C. 4985, 4986) 83 Sureties on bonds of county officers (C. C. 2554) 75 Trust companies; exercise of powers 76

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COFFEE COUNTY Board of commissioners; amending act 492 COLLINS Mayor and councilmen; election, terms 866 COLORED TEACHERS School; appropriations for 1920, 1921 101 COLUMBUS Commons Commission; execution of deed 867 Injured firemen, pensions for 868 Street closing 869 Tax rate 870 Territorial limits defined 871 Territorial limits; correction of error 873 COMMERCE AND LABOR Emigrant agents; permit and penalty 118 COMMERCE, CITY OF Street improvement 875 COMMITTEE ON MONUMENT FUNDS Resolution creating 1786 CONFEDERATE SOLDIERS AND WIDOWS Pensions 23 CONFEDERATE SOLDIERS' HOME Appointment of Trustees 124 Period of maintenance 123 Residents of, act relating to 124 CONSTITUTION Amendments proposed 19 CONYERS School-tax levy authorized 877 CO-OPERATIVE MARKETING ASSOCIATIONS Formation of, authorized; powers defined 125 CORDELE CIRCUIT Times of court sessions fixed 93 CORNELIA School-tax levy authorized 878 CORPORATIONS Standard Fuel Supply Company; confirmation of title 1766 CORPSES See Dead Bodies. COSTS City court of Camilla 318 Municipal Court of Atlanta 307

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COTTON STANDARDS Act fixing; penalty for violation 129 COUNTIES AND COUNTY MATTERS Acts tabulated 434 Bond validations within six months 63 Bridges over water courses dividing 60 Interest on warrants unpaid (C. C. 582) 65 New counties, proposed creation of 34 , 38 , 45 , 48 , 52 New counties; representation in legislature 55 Road materials, and support of convicts 58 Road tax rate in certain counties 67 Sureties on bonds of officers of 75 Validations of bonds issued by 110 COURT OF APPEALS Expedition of jail cases by 214 Salaries of Judges; increase proposed 20 COURTS See City and County Courts; Municipal Courts; Superior Courts. CRAWFORD Public utilities 879 CRAWFORD, W. W. Refund to 1773 CRIMINAL LAW Dentistry; acts punishable 138 , 139 Emigrant agent defined 87 Escapes, penalty for harboring or concealing 149 Fish-nets in salt waters; length limited 150 Fox-hunting in Floyd and Greene counties 87 , 536 , 537 Fur-bearing animals; protection of 234 Insecticides and fungicides; penal regulations 298 Jail cases, expedition of writs of error in 214 Paints and oils; regulation of sales of, etc. 225 Petroleum oils, etc.; non-application to interstate commerce 163 Transfer of cases from city to superior court 277 CURRENCY BILLS Exchange of new for old 1786 CUSSETA New charter for Town of 884 CUTHBERT Amendments to city charter 941 D DALLAS New charter for Town of 943 Public schools abolished 943

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DALTON School tax increased 947 DAWSON School tax increased 948 DAYLIGHT-SAVING See Standard-Time Law. DEAD BODIES Autopsies by State Sanitarium authorities 130 DECATUR Amendments to town charter 949 Councilmen, compensation of 960 Territorial limits extended 961 DECEASED PERSONS See Dead Bodies. Sales of lands to pay debts 245 DECISIONS See Judicial Decisions. DEFINITIONS Dentistry practice 136 Insurance law, of words used in 113 , 114 Securities law, of words used in 251 , 252 DE LOACH, W. C. Relief as surety 1774 DENTISTS Practice of profession regulated 132 State Board of Examiners established 133 DEPARTMENT OF BANKING Amendment of law relating to 102 DEPOSITORIES OF THE STATE Additions to, authorized 69 73 DEPOSITS By life insurance companies; amount fixed 212 DEPUTY CLERKS Salaries of, in certain counties 143 Supreme Court; salary deficiency 7 DEPUTY SHERIFFS AND BAILIFFS Salaries of, in certain counties 144 DE SOTO Corporate limits enlarged 962 DISABLED PERSONS Vocational rehabilitation of 279

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DISCHARGED SOLDIERS AND SAILORS Registration list of, required 145 DISQUALIFICATION See Judges. DISTRAINT Bond for delivery 147 DOCKET, GENERAL See Executions. DOERUN School tax increased 964 DOMESTICATION See Foreign Corporations. DOUGLAS School tax increased 965 Street tax 966 DRAINAGE Bonds; amount and interest rate 148 DUBLIN Tax rate 967 DUDLEY Tax rate 969 E EAST POINT Sales of property 970 School tax increased 972 EAST THOMASTON Amendments to charter of Village of 975 EATONTON City clerk, salary of 978 ELECTIONS See numerous laws relating to City Courts, County Matters, Municipal Corporations. EMIGRANT AGENT Definition of; misdemeanor 87 Permit and license required, under penalty 118 EMPLOYEES, INJURED Compensation of 167 ESCAPES Penalty for harboring or concealing 149 ESTATES Sales by administrators, executors, etc. 245 EVIDENCE Reports of, in criminal cases 83

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EXECUTIONS Record of, on general dockets 81 EXECUTORS See Administrators. F FARRAR Town of, incorporated 979 FEES See City Courts; Costs. Clerk of certain Superior Courts 117 Ordinaries', in certain counties 222 Sheriffs'; mileage added 271 FINANCIAL STATUS OF THE STATE Special committee in regard to 1775 FISH-NETS Length of, in salt water 150 FITZGERALD Amendments to city charter 988 FLINT RIVER Declared partly non-navigable 1776 FORECLOSURES Length of time of publication, and personal service 78 FOREIGN CORPORATIONS Domestication of, authorized 151 FORSYTH Street-improvement tax 990 FOXES See Animals. FUR-BEARING ANIMALS See Animals. FUNGICIDES See Insecticides. FURLOUGHS From State Sanitarium 74 G GAINESVILLE School tax 994 GENERAL ASSEMBLY New counties to be represented in 55 Persons authorized to remain after adjournment 1797 GENERAL OIL INSPECTOR Salary appropriation 8

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GEORGIA MILITARY COLLEGE Additional powers to local trustees 153 GEORGIA NORMAL AND INDUSTRIAL COLLEGE Entrance applications; qualifications, etc. 154 GEORGIA REPORTS Publication provided for 237 GEORGIA SCHOOL FOR THE DEAF Deficiency appropriation 9 GEORGIA SCHOOL OF TECHNOLOGY See Schools. Admission of women to School of Commerce 283 Alumni trustees; board members; vacancies 158 GEORGIA SECURITIES LAW Superseding Georgia blue-sky law 250 GEORGIA STATE REFORMATORY See Georgia Training School. GEORGIA STATE SANITARIUM Appropriation for maintenance 12 GEORGIA SCHOOL FOR THE DEAF Appropriation to supply deficiency 9 GEORGIA TRAINING-SCHOOL FOR BOYS Amendments of laws relating to 156 GEORGIA WORKMEN'S COMPENSATION ACT 167 GLENWOOD Depository for the State in 70 GRAYMONT Charter repealed 994 Merged into Twin City 1658 GRAYSON Corporate limits extended 996 GREENSBORO Depository for the State in 71 GRIFFIN School-tax levy authorized 997 GUYTON Tax rate of the town 998 H HAHIRA Tax ad valorem 1000 HARALSON, LONNIE Relief as surety 1774 , 1777 , 1778 , 1779

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HARBORING OR CONCEALING See Escapes. HARDY, J. H. Relief as surety 1780 HARP, C. J. Relief as surety 1781 HART SUPERIOR COURT Three terms a year provided for 95 HARTWELL Ordinary-expense tax 1001 School tax increased 1002 HOBOKEN City of, incorporated 1003 HONEY BEES Prevention of diseases among 160 I IDEAL School-tax levy authorized 1019 Terms of office and taxation 1017 ILLUMINATING OILS Inspection of, excluded from interstate commerce 163 INDEX PRINTING COMPANY Cancellation of contract 1782 INDUSTRIAL COMMISSION Created; powers defined 167 INDUSTRIAL LIFE-INSURANCE COMPANIES Deposits, amount of, before doing business 212 INJURY TO EMPLOYES See Industrial Accidents. INSANITY Guardians of insane persons; bonds for titles 159 INSECTICIDES Regulation of calcium arsenate, lead arsenate, etc. 208 INSURANCE Casualty and liability companies regulated 111 Deposits by life-insurance companies 212 INTEREST County orders on treasury may bear 65 J JACKSON Corporate limites extended 1021 JAIL CASES Expedition of, required 214

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JAIL EMPLOYES Salaries of, in certain counties 215 JEFFERSON School-tax levy authorized 1022 JUDGES Disqualified, transfer of cases by 277 Salaries of city court judges 216 , 287 et seq. Salaries of justices and judges 20 JUDICIAL CIRCUITS See Solicitors-General. Alapaha, Lanier County placed in 419 JUDICIAL DECISIONS Publication of Reports 237 JUSTICES' SALARIES Increase proposed 20 K KIRKWOOD New charter for town of 1023 L LA FAYETTE Public schools abolished 1069 LA GRANGE Amendments to city charter 1071 Bonds, maximum amount of 1088 City recorder; amending act 1085 LAMAR COUNTY Creation proposed 38 LAND Administrator's sale on the premises 80 Sales to pay debts of decedents' estates 245 LANIER COUNTY Amending act proposing to create 45 Placed from Southern into Alapaha Circuit 19 LAVONIA Board of education, and school-tax levy 1089 Tax rate 1091 LEGISLATIVE HALLS Political gatherings in; consent required 1793 LEGISLATIVE VISITING COMMITTEE Appropriation for 1784 LICENSES Emigrant agents 118 , 122

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LIFE-INSURANCE COMPANIES See Insurance. LINCOLNTON Schools, and board of education 1093 LINWOOD New charter for Town of 1101 LITHONIA Emergency tax 1115 LOAN BUSINESS Regulating and licensing of 215 LONG COUNTY Creation proposed 48 LOUISVILLE Academy; sales of lands 1117 Public schools abolished 1119 LUNATICS See Insanity. LYONS School tax increased 1120 M MACON Amendments to city charter 1122 Civil Service Commission abolished 1142 Fire Department 1142 Hospital Commission 1159 Police Department 1142 Territorial limits extended 1161 MACON CIRCUIT Additional judge provided 95 MADISON Amendments to city charter 1162 MANASSAS City of, incorporated 1164 MANCHESTER Board of education, and school bonds 1188 MARIETTA New charter for City of 1191 School tax increased 1233 MARKETING ASSOCIATIONS See Co-operative Marketing Associations 125 MASTER AND SERVANT Georgia workmen's compensation act 167

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MAYSVILLE Tax rate increased 1235 McCAYSVILLE New charter for City of 1236 McDONALD, J. W. Relief as surety 1785 METTER New charter for City of 1278 MILLEDGEVILLE Water system exempted from State and County taxes 1318 MOLENA Election date 1319 MONTEZUMA Corporate limits extended 1320 MONTICELLO Board of education; Act of 1907 repealed 1321 Election date 1322 Public schools 1323 MONUMENT FUNDS Committee on, created 1786 MORGAN Depository for the State in 72 MORTGAGES Foreclosures; publication of rule nisi 78 MOULTRIE City officers, election of 1324 School tax 1326 MUNICIPAL CORPORATIONS Acts tabulated 651 Bond validations within six months 63 Constitutional amendments relating to 25 , 29 Street improvement bonds MUNICIPAL COURTS Atlanta; costs charged and collected 307 Atlanta; officers' salaries 310 Columbus; officers' salaries 322 Savannah; officers' salaries 388

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N NEGOTIABLE SECURITIES Regulation of sales 250 NEW COUNTIES Brantley 34 Lamar 38 Lanier 19 , 45 Long 48 Representation for, in legislature 55 NICHOLLS Charter repealed 1327 City of, incorporated 1329 NON-METALLIC EXPERIMENT STATION Resolution for establishing 1787 O OCILLA Public improvements 1370 School-tax levy authorized 1377 OIL INSPECTOR Salary appropriation 8 OILS See Illuminating Oils; Paints and Oils. ORDINARIES Fees of, in certain counties 222 P PAINTS AND OILS Penal regulations of sales, etc. 225 PALMETTO New charter for Town of 1380 PARK'S ANNOTATED CODE State Sanitarium, to be furnished to 1789 PARK'S CODE SUPPLEMENT Acquisition and supply of, authorized 228 PARTITION Two counties, of land lying in 85 PATTERSON New charter for Town of 1398 PAWN-SHOPS See Loan Business. PEARSON Depository for the State in 72

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PELHAM Chief of police, election of 1415 Councilmen, election of 1416 PENSION CLERK Salary fixed 230 PENSION COMMISSIONER Term of office 230 PENSIONS Confederate soldiers and widows 23 Deficiency appropriation 1789 Method of obtaining 88 Payments to Berrong, Touchstone, and Crane, authorized 1790 Payments under amendment of 1918 1792 Payment to Eli Stafford 1795 Soldiers and widows; annual increase 231 Soldiers and widows; on less than six-months service 231 PHYSICAL EDUCATION See Schools. PINEHURST Amendments to town charter 1417 POCATALIGO Town of, incorporated 1430 POLITICAL GATHERINGS In legislative halls; consent required 1793 POST-ROADS See Roads. POWDER SPRINGS Charter repealed 1436 New charter for City of 1437 POWERS See provisions in local laws relating to Counties and Municipal Corporations. Exercise of, by trust companies 76 PROFESSIONS Taxation of 16 PUBLICATION Rule nisi on mortgage foreclosure 78 PUBLIC PRINTING SUPERINTENDENT Appropriations for salaries and maintenance 9 , 10 PUBLIC ROADS See Roads. PUBLIC-SERVICE CORPORATION Tax clerk of

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Q QUITMAN School-tax levy, authorized 1474 R RAILROAD COMMISSION See Western and Atlantic Railroad Commission. RAILROAD COMMISSIONERS Appropriation for salaries 12 RATES See Advertisements. REAL ESTATE See Land. Foreclosures of mortgages on 78 REFUND To W. W. Crawford 1773 REGISTRATION Barbers' certificate of 109 REHABILITATION See Vocational Rehabilitation. REPORTS See Georgia Reports. Testimony in criminal cases 83 REPRESENTATION New counties in General Assembly 55 RESACA Charter repealed 1475 RESOLUTIONS Alphabetical table of 1771 Constitutional amendment proposed by 55 RETURNS See Taxation. Annual, of administrators, etc. 79 RICHLAND Public schools 1476 School tax 1477 ROADS Commutation tax in certain counties 242 Materials, power to purchase, etc. 58 Post roads designated as public 234 Tax rate for, in specified counties 67 ROME Non-residents, water supply to 1479 ROSWELL School tax increased 1480

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S SALARIES See Acts relating to Counties and Municipal Corporations. City-court judges, salaries in counties of 200,000 116 Deputy clerk of Supreme Court; deficiency 7 Deputy clerks in certain counties of 143 Deputy sheriffs and bailiffs in certain counties 144 Jail employees, in certain counties 215 Judges of city courts 116 Judges of Court of Appeals 20 Judges of Superior Courts 20 Justices of Supreme Court 20 Municipal court officers 310 , 322 , 388 Oil inspector (general); increase 8 Pension clerk 230 Public Printing Superintendent 9 Public Printing Superintendent's Assistant, and maintenance 10 Railroad Commissioners 12 Shorthand-writers of Supreme Court and Court of Appeals 272 Stenographic reporters in certain circuits 274 State-Farm officers 273 SALE OF LANDS In Bulloch County, authorized 1793 SALES See Administrators; Negotiable Securities. SALT WATER Fish-nets, length of 150 SANITARIUMS See Georgia State Sanitarium; Tuberculosis Sanatarium. SAVANNAH Amendments to city charter 1483 Baggage and cab rates 1482 Wharf, municipal 1491 SCHOOLS See Municipal Corporations 651 et seq. Admission of women to School of Commerce Georgia Military College trustees, powers of 153 Georgia Normal and Industrial College; entrance applications 154 Georgia School of Technology trustees; powers of 158 Georgia State ReformatorySee Georgia Training School for Boys. Georgia Training School for Boys; amending act 156 Illiterate adults, schools for, authorized 249 Physical education authorized 232 State aid to schools in counties with district agricultural schools 248 University and high-school appropriations 32 University of Georgia and branch colleges; trustees 277 University of Georgia, Reports, etc., for 1798 SECURITIES COMMISSION Created; sales regulated 250

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SEMINOLE COUNTY Creation proposed 52 SERVICE Publication of rule nisi on foreclosure 78 SHELLMAN Tax rate 1493 SHERIFFS Mileage added to fees 271 SHORTHAND WRITERS Of Supreme Court and Court of Appeals; salaries 272 SMYRNA Election for bonds 1494 Public improvements; tax 1499 SOCIAL CIRCLE Salaries of mayor and clerk 1508 SOLDIERS AND SAILORS See Discharged Soldiers and Sailors. SOPERTON Charter repealed 1510 City of, incorporated 1511 STAFFORD, ELI Pension payment to 1795 STANDARD FUEL SUPPLY COMPANY Confirmation of title to land 1766 STANDARD TIME LAW Repealing act 273 STATE Financial status; special committee 1775 STATE BUREAU OF MARKETS Director designated as warehouse commissioner 282 STATE DEPOSITORIES Additions to, authorized 69-73 STATE FARM Officers' salaries 273 STATE PUBLISHER OF COURT REPORTS Contract and bond by 237 STATE SANITARIUM Autopsies of patients dying in 130 Furloughs from; duration of absence 74 Park's Annotated Code for 1789

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STATESBORO School bonds 1530 STENOGRAPHERS Compensation of, increased 83 In certain circuits; salaries 274 Of Supreme Court and Court of Appeals; salaries 272 STEPHENS SUPERIOR COURT Terms, and grand juries 99 STOCKBRIDGE City of, incorporated 1531 STOCKS See Negotiable Securities. STRIVINGS, S. L. Invited to address General Assembly 1796 SUMMIT Charter repealed 1542 Merged into Twin City 1658 SUPERINTENDENT OF PUBLIC PRINTING Appropriations for salaries and maintenance 9 , 10 SUPERIOR COURTS Acts relating to 91 Lanier County transferred to Alapaha Circuit 19 Salaries of judges 20 Transfer of city-court cases to 277 SUPREME COURT Deputy Clerk's salary deficiency 7 Expedition of jail cases 214 Salaries of Justices; increased proposed 20 SURETIES RELIEVED DeLoach, W. C. 1774 Haralson, Lonnie 1774 , 1777 , 1778 , 1779 Hardy, J. H. 1780 Harp, C. J. 1781 McDonald, J. W. 1785 SURETY COMPANIES Bonds of county officers 75 SYLVESTER Amendments to city charter 1544

Page 1837

T TALMO Town of, incorporated 1549 TAXATION AND TAXES See Counties; Municipal Corporations. Acts tabulated 14 General tax act amended 14 Professions, taxation of 16 Returns, examinations of, by boards 17 Road-tax rate in certain counties 67 TAX-COLLECTORS Discharged soldiers and sailors list to be compiled 145 TENNILLE City officers; election and terms 1567 THE ROCK Charter repealed 1568 Town of, incorporated 1569 THOMASTON School tax increased 1576 Street improvements 1578 THOMASVILLE New Charter for City of 1583 THOMSON City of, incorporated 1581 TIFTON New Charter for City of 1625 TIME LAW See Standard Time Law. TITLE TO LAND See Standard Fuel Supply Company. TRANSFER See Criminal Cases. TRUST COMPANIES Exercise of powers by 76 TRUSTEES See Administrators; Schools. TUBERCULOSIS SANATORIUM Appropriation to supply deficit 11 TWIN CITY Incorporated, including Cities of Summit and Graymont 1658 U UNADILLA City of, incorporated 1705 UNIVERSITY AND HIGH-SCHOOL APPROPRIATIONS Constitutional amendment proposed 32

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UNFINISHED BUSINESS See General Assembly. UNIVERSITY OF GEORGIA See Schools. Trustees of branch colleges 277 Reports, etc., for 1798 UPSON COUNTY Commissioners, and districts 636 V VALDOSTA Tax rate 1750 VANNA Tax rate 1751 VIDALIA School tax 1753 VOCATIONAL REHABILITATION Of disabled persons 279 W WALTON COUNTY Commissioners; salary increase 638 WAREHOUSE COMMISSIONER Designation of 282 WARRANTS ON COUNTY TREASURIES Interest from date of entry 65 WASHINGTON School board and tax 1755 School-tax increase 1756 WEBSTER COUNTY Commissioners act amended 641 WESTERN AND ATLANTIC RAILROAD COMMISSION Discharge of 1799 WEST POINT Acquisition of certain property authorized 1759 Bonded debt increase proposed 29 Protection from floods 1759 River and levee commission created 1763 WHEELER COUNTY Commissioners and road districts 643 Treasurer's salary 647 WHITE PLAINS Corporate limits extended 1762

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WILLACOOCHEE Depository for the State in 73 WINDER Water and electric systems 1764 WOMEN Admitted to School of Commerce of Technological School 283 WORDS AND PHRASES See Definitions. WORKMEN'S COMPENSATION INSURANCE See Insurance.