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. 19220000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1922 19220000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE 1922 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. TITLE III.COUNTIES AND COUNTY MATTERS. PART III.MUNICIPAL CORPORATIONS TITLE I.MUNICIPAL CORPORATIONS. TITLE II.PRIVATE AND SCHOOL CORPORATIONS. PART IV.RESOLUTIONS

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STATUTES OF GEORGIA PASSED BY THE General Assembly OF 1922 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. Board of Entomology; Additional Fund. Georgia Training School for Boys; Deficiency. Georgia Training School for Girls; Maintenance. Military Establishments; Maintenance. Proceeds of Sales of Products from Government Area. Public Printing in 1920 and 1921. School Fund Deficiency. State Sanatorium; Deficiency. Sundry Educational Institutions. BOARD OF ENTOMOLOGY; ADDITIONAL FUND. No. 531. An Act to appropriate an additional $10,000 to the Georgia State Board of Entomology for the years 1922-1923, and for other purposes. Section 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, ten thousand ($10,000) dollars additional appropriation be made to the State Board of Entomology, and said sum is hereby appropriated for each of the years 1922 and 1923.

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Said appropriation is for the purpose of enabling the said Board of Entomology carrying out the work of combatting the Mexican boll weevil and the Mexican bean beetle, watermelon and cantaloupe diseases, and such other work as comes within the jurisdiction of said Board, in the interest of all agriculture in Georgia. This appropriation is made because the Department has only eighteen thousand ($18,000) dollars of the appropriation for the year 1922, and this eighteen thousand ($18,000) is entirely insufficient to maintain the vital and necessary work for the balance of the year 1922, and the work for 1923. $10,000 for 1922 and 1923. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1922. GEORGIA TRAINING SCHOOL FOR BOYS; DEFICIENCY. No. 533. An Act to appropriate the sum of $16,800 for the purpose of supplying a deficiency in the maintenance of the Georgia Training School for Boys for the years 1920 and 1921, 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 sum of sixteen thousand eight hundred dollars be, and the same is hereby appropriated to the Georgia Training School for Boys, at Milledgeville, Georgia, the same to be used by the trustees of said institution to supply a deficiency in the funds for the support and maintenance of said institution for the years 1920 and 1921, the same to be paid out of the Treasury not otherwise appropriated. $16,800 for 1920 and 1921.

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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 21, 1922. GEORGIA TRAINING SCHOOL FOR GIRLS; MAINTENANCE. No. 535. An Act to appropriate to the Georgia Training School for Girls certain sums for maintenance, equipment, repairs, construction, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the sum of $12,000 be appropriated for furnishing an adequate water supply, said amount to be paid as follows: $6,000 in 1922, and $6,000 in 1923. $12,000 for 1922 and 1923. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 21, 1922. MILITARY ESTABLISHMENT; MAINTENANCE. No. 397. An Act to make for the year 1922 additional appropriation for the maintenance of the military establishment of the State of Georgia and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of fifty thousand dollars ($50,000.00) as an additional and emergency appropriation

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be and the same is hereby appropriated for the year 192 for the maintenance of the military establishment of the State. Provided said funds shall be used only for payment of troops on riot or special duty, and only so much of said funds as may be necessary for said purpose shall be used, all funds to be drawn on warrant of the Governor. $50,000 for 1922. Purpose. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 19, 1922. PROCEEDS OF SALES OF PRODUCTS FROM GOVERNMENT AREA. No. 538. An Act to authorize the Treasurer of this State to pay to the counties of Fannin, Rabun, Union, Lumpkin, Town and Dawson, or to its proper authorities, the pro rata part of the funds due said county or hereafter to becom due, the same now in the Treasury of the State from the sale of products from that part of the Governmental area of the National Forest Reservation laying in said counties, as provided by Act of Congress approved March 1, 1911, and Amendments thereto (36 Stat. 961) known as the Weeks (Forestry) Law, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Treasurer of said State shall pay over to said counties, or the proper authorities of the same, all funds now in the Treasury of said State, or which here after may be paid into the same by the United States from the sale by the latter of the products from, or of, the lands lying in said counties, forming that part of same or belonging to, or a part of the Governmental Area of the National Forest Reservation, the same being the pro rata part of the proceeds of said sales due, and to become due to said

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counties from such sales as provided by the Act of Congress, approved March 1, 1911 (36 Stat. 961), and amendments thereto or thereof, the same known as the Weeks (Forestry) Law. Pro rata payments to counties. Sec. 2. Be it further enacted by the authority aforesaid, That said funds when paid to said counties, shall be used as follows: Fifty per centum of same for the benefit of Public Roads of said counties and fifty per centum of same for the benefit of public schools of said counties, and shall therefore become a part of the funds of said two public divisions or institutions of said counties. County roads and schools. Sec. 3. Be it further enacted by the authority aforesaid, That the Governor of said State is hereby authorized in case it becomes necessary to do so, to pass such order, voucher, or other instrument as will pass said funds to the proper authorities of said counties. Execution of Act. 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 21, 1922. PUBLIC PRINTING IN 1920 AND 1921. No. 524. An Act to appropriate the sum of forty-five thousand, seven hundred thirty-six and forty-nine one hundreds ($45,736.49) dollars, or so much thereof as may be necessary, to be used to pay debts due by the State of Georgia for public printing done in the year 1920 and 1921. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the sum of forty-five thousand, seven hundred thirty-six and forty-nine one hundreds ($45,736.49) dollars, or so much thereof as may be necessary, be and the same

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is hereby appropriated, the same to be used to pay debts due by the State of Georgia for public printing done in the year 1920 and 1921. $45,736.49 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 19, 1922. SCHOOL FUND DEFICIENCY. No. 554. An Act to make an appropriation to supply a deficiency in the school funds for 1921, caused by the misappropriation of funds by R. N. Berrien in discounting the school warrants, to the counties of Heard, Decatur, Chatham, Bulloch, Warren, Lumpkin, Echols, Brooks, Emanuel, Liberty, Madison, Chattooga, Dade, and Murray, and to the independent local systems of East Lake and Lawrenceville, out of the funds in the State Treasury not otherwise appropriated. Section 1. 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 forty-four thousand seven hundred eleven dollars ($44,711.00) be and the same is hereby appropriated, to supply a deficiency in the 1921 school funds, caused by the misappropriation of funds by R. N. Berrien in discounting the school warrants, to counties and independent local school systems as follows: Heard County, $1,000.00; Decatur County, $600.00; Chatham County, $10,300; Bulloch County, $3,000.00; Warren County, $1,870; Lumpkin County, $2,500.00; Echols County, $600.00; Brooks County, $3,000.00; Emanuel County, $6,000; Liberty County, $2,500.00; Madison County, $6,000.00 Chattooga County, $2,470.00; Dade County, $2,400.00; Murray County, $2,141.00; East Lake independent

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local system, $70.00; Lawrenceville independent local system, $260.00. Said amounts shall be applied to the repayment of the amounts misappropriated by R. N. Berrien and shall be paid from the State Treasury out of the funds not otherwise appropriated and shall be sent to the County School Superintendents and treasurers of the counties and local independent systems as itemized above. $44,711 for 1921. Payments to local systems. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 21, 1922. STATE SANATORIUM; DEFICIENCY. No. 532. An Act to appropriate the sum of $150,000.00 for the purpose of supplying a deficiency in the maintenance of the Georgia State Sanatorium for the year 1921 and $3,500.00 or so much as may be necessary to repair the buildings at the State Sanatorium at Alto, and forty thousand dollars to the Board of Trustees of the Georgia State Sanitarium for the purpose of completing the building known as Nurses Home. Said amount be available as required by the trustees, 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 sum of one hundred and fifty thousand dollars be and the same is hereby appropriated to supply a deficiency now existing in the maintenance fund of the Georgia State Sanitarium at Millegeville, Georgia, the same being the amount brought over from the year 1921 and so shown in the condition of said institution on January 1st, 1922, and forty thousand dollars to the Board of Trustees of the Georgia State Sanitarium for the purpose of completing the building known as Nurses Home. Said amount be available as required by the Trustees. $150,000 for 1921.

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Sec. 2. The above amount to be paid to the Trustees of the Georgia State Sanitarium upon the passage of this Act from funds of the Treasury not otherwise appropriated. That the sum above appropriated shall not be available until and unless the Board of Trustees take and keep all patients properly committed out of jails in the various parts of Georgia. Available when. Sec. 3. Be it further enacted, That from and after the passage of this Act it shall be the duty of the physicians in charge of the State Sanitarium to visit and treat the insane at the Georgia State Farm. Insane at State Farm. Sec. 4. That $3,500 or as much as may be necessary, be and the same is hereby appropriated for a silo and repair to the building at the State Sanitarium for tubercular patients at Alto. $3,500 for silo. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 21, 1922. SUNDRY EDUCATIONAL INSTITUTIONS. No. 537. An Act to appropriate to the Board of Trustees of the University of Georgia for the use of the South Georgia State Normal College at Valdosta, the sum of $65,000.00, one-half to be paid in 1923 and one-half to be paid in 1924, to finish and put in operation an unfinished dormitory on its campus; and the sum of $3,000.00 for the year 1922, and $3,500.00 for the year 1923, for the use of the North Georgia Agricultural College at Dahlonega; and $5,000.00 for the use of the University of Georgia for the purpose of repairing buildings on the University campus; and $6,500.00 to be paid during the year 1923, for the use of the First District Agricultural and

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Mechanical School, situated at Statesboro, Georgia, to be used for the purpose of paying off an indebtedness incurred in building and equiping a dining hall and teachers' home; and $12,148.00 for the use of the third District Agricultural and Mechanical School at Americus, Georgia, to be used to pay past indebtedness of said school; and $3,500.00 for the use of the Fifth District Agricultural and Mechanical School for the purpose of completing and equipping a dairy barn; and $5,000.00 for the use of the Seventh District Agricultural and Mechanical School for the purpose of completing a building in process of construction; and $7,000.00 to be available in the year 1923, for the use of the Ninth District Agricultural and Mechanical School, situated at Clarkesville, Georgia, for the purpose of completing and equipping the Girls' Dormitory on the campus; and $5,000.00 for the use of the Twelfth District Agricultural and Mechanical School, situated at Cochran, for the purpose of furnishing a dormitory; and the sum of $10,000.00 be appropriated to the Georgia School for the Blind, for the purpose of promoting the efficiency of said school, and for other purposes. Whereas, the General Assembly of Georgia did at its session of 1919 appropriate $75,000.00 for the purpose of building and equipping a certain dormitory on the campus of the South Georgia State Normal College, which amount, due to the unprecedented rise in the cost of building material and labor, proved to be largely insufficient to build, equip and put in operation the said building according to the plans previously made; and, Preamble. Whereas, the building was standing unfinished and useless to the State and could not without action before the Legislature could meet, be made use of during another year, the citizens of Valdosta did by a joint note provide sufficient money to take the absolutely necessary steps to put the building in use this Fall. Section 1. Therefore be it enacted by the General Assembly

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of Georgia, and it is hereby enacted by the authority of the same, That the sum of sixty-five thousand ($65,000.00) dollars, one half to be paid in 1923 and one half to be paid in 1924, be appropriated to the trustees of the University of Georgia for the use of the South Georgia State Normal College or so much thereof as may be necessary to pay the aforementioned note and to complete, entirely equip, and put in operation, the said unfinished dormitory now in process of construction on the campus of the South Georgia State Normal College at Valdosta; and the sum of three thousand ($3,000.00) dollars for the year 1922 and three thousand five hundred ($3,500.00) dollars for the year 1923, for the use of the North Georgia Agricultural College at Dahlonega; and five thousand ($5,000.00) dollars for the use of the University of Georgia for the purpose of repairing buildings on the University campus; and six thousand five hundred ($6,500.00) dollars, to be paid during the year 1923, for the use of the First District Agricultural and Mechanical School, situated at Statesboro, Georgia, to be used for the purpose of paying off an indebtedness incurred in building and equipping a dining hall and teachers' home; and twelve thousand one hundred forty-eight ($12,148.00) dollars for the use of the Third District Agricultural and Mechanical School at Americus, Georgia, to be used to pay past indebtedness of said school; and three thousand five hundred ($3,500.00) dollars for the use of the Fifth District Agricultural and Mechanical School for the purpose of completing and equipping a dairy barn; and five thousand ($5,000.00) dollars for the use of the Seventh District Agricultural and Mechanical School for the purpose of completing a building in process of construction; and seven thousand ($7,000.00) dollars for the use of the Ninth District Agricultural and Mechanical School, situated at Clarkesville, Georgia, to be available in the year 1923, for the purpose of completing and equipping the Girls' Dormitory on the campus; and five thousand ($5,000.00) dollars for the use of the Twelfth District Agricultural and Mechanical School, situated at Cochran, for the purpose of furnishing a dormitory; and the sum of

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ten thousand ($10,000.00) dollars be appropriated to the Georgia School for Blind for the purpose of promoting the efficiency of said school. $65,000 for South Georgia State Normal College. Agricultural district schools. $10,000 for Georgia School for Blind. Sec. 2. Be it further enacted by the authority aforesaid, That the said Board of Trustees is hereby authorized to make requisition upon the Governor for the said sum, and the Governor is authorized to draw his warrant upon the State Treasurer, and the Treasurer is directed to pay the same out of any funds available for that purpose. Execution of Act. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be and hereby are repealed. Approved (except as to last item of $10,000.00) August 21, 1922.

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TITLE II. Taxation. ACTS. Advertising Tax; Act of 1921 Amended. Fuel Distributors; Exemptions; Act of 1921 Amended. Poll Tax; Payment by Females. ADVERTISING TAX; ACT OF 1921 AMENDED. No. 528. An Act to amend the General Tax Act of 1921, providing annually in addition to the ad valorem tax on real and personal property as now required by law to levy and collect a tax for the support of the State Government and public institutions, approved August 15, 1921, by striking from the fourth paragraph of section two of said Act all following the word sold appearing as the second word in the seventh line of said paragraph four of said section two, inserting in lieu thereof the following: In each county where located, fifty cents a location. 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, paragraph four of Section two of the General Tax Act approved August 15, 1921, be and the same is hereby amended by striking from said section all appearing after the word sold the second word in the seventh line of said paragraph, and inserting in lieu thereof the following: In each county where located, fifty cents for each location, so that when amended said section shall read:

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In each county where located fifty cents for each location, so that when amended said section shall read: 4th Advertising. Upon each person, firm or corporation conducting the business of an advertising agency, using other means than billboards, $50.00; upon each person, firm or corporation conducting the business of advertising by signs painted, posted or printed on bill boards or other places where space is leased, rented or sold, in each county where located, fifty cents for each location, and a location is defined to be 75 lineal feet or fractional part thereof and provided further, that before painting or posting such locations or fractional part thereof it shall be the duty of the person or persons so advertising to register with the Ordinary and Tax Collector of said county as required by law, and in case of any increase of advertising the Ordinary shall in each instance be notified as to the number of locations. 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 19, 1922. FUEL DISTRIBUTORS; EXEMPTIONS; ACT OF 1921 AMENDED. No. 509. An Act amending an Act, approved August 10, 1921, as recorded in Acts of 1921, pages 83, 84 and 85, providing for an occupation tax upon all distributors selling fuels in this State, requiring all distributors therein to register and make returns, providing penalties for violations and other purposes, by adding to Section 2 thereof, the following: Provided this Act shall not be so construed so as to cause double taxation on any of the products specified in said Act approved August 10, 1921, except

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where such products are shipped out of and back into this State for distribution, and provided further that this Act shall not apply to fuel-oils, refined, manufactured, produced or compounded within the State of Georgia and sold without the State of Georgia, for consumption or use without the State of Georgia. 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 of the General Assembly of Georgia, approved August 10, 1921, be, and the same is hereby amended by adding thereto the following: Provided this Act shall not be so construed so as to cause double taxation on any of the products specified in said Act approved August 10, 1915, except where such products are shipped out of and back into this State for distribution, and provided further that this Act shall not apply to fuel-oils, refined, manufactured, produced or compounded within the State of Georgia and sold without the State of Georgia, for consumption or use without the State of Georgia, so that said Section, when amended, shall read as follows: Fuels defined. Sec. 2. Be it further enacted by the authority aforesaid, That distributors, who sell fuels in this State (except those importing) and selling it in the original packages in which it is brought into the State), shall pay an occupation tax of one cent per gallon upon every gallon of such fuel sold, provided this Act shall not be so construed so as to cause double taxation on any of the products specified in said Act approved August 10, 1915, except where such products are shipped out of and back into this State for distribution, and provided further, that this Act shall not apply to fuel-oils, refined, manufactured, produced or compounded within the State of Georgia and sold without the State of Georgia, for consumption or use without the State of Georgia. Occupation tax. Sec. 2. Be it further enacted, That all laws and parts

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of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1922. POLL TAX; PAYMENT BY FEMALES. No. 560. An Act to amend an Act entitled An Act to annually, in addition to the ad valorem tax on real and personal property as now required by law, to 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 soldiers such amounts as are allowed them by law; to pay the public debt when due; to require all females to pay all back poll tax due from the time they shall become eligible to vote to the date of their registration; to prescribe what persons, corporations, professions, business and property are liable to taxation; to prescribe the methods of collecting and receiving certain of said taxes; to prescribe questions to be propounded to tax payers and to provide penalties for violations thereof; and to repeal conflicting laws. Section 1. 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 1st paragraph of Section two (2) of the above recited Act be and the same is hereby amended in the following manner: By adding after the last words Vol. 1 of the Code of 1895 of said `1st' paragraph of said section, the following words, to-wit: Act amended. Nor shall this Act be required or demanded of female inhabitants of the State who do not register for voting, provided that all females are required to pay all back poll

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tax due from the time they shall become eligible to vote to the date of their registration, so that said section after being amended shall read as follows: Sec. 2. Upon each and every inhabitant of the State between the ages of twenty-one and sixty years on the day fixed for the return of property for taxation a poll tax of one ($1.00) dollar which shall be for educational purposes in instructing children in the elementary branches of an English education only. Provided this tax shall not be demanded of blind persons nor crippled, maimed or disabled Confederate veterans relieved of such taxes under and by authority of section 766, Vol. 1 of the Code of 1895 nor shall this tax be required or demanded of female inhabitants of the State who do not register for voting, provided that all females are required to pay all back poll tax due from the time they shall become eligible to vote to the date of their registration. Exemption of non-registered females. Sec. 3. Provided, further, that those female inhabitants who have heretofore registered may avail themselves of the benefits of this Act, and be relieved of said tax, by applying to the tax collector of their county, and have their names stricken from said registration book; and it shall be the duty of said tax collector to issue to such females who may apply to have their names so stricken a certificate, which certificate shall bear date when issued and shall give the name of such females, and state in substance that said named female has been stricken from the registration book, and is no longer a registered voter for that year. Relief of registered female voters. Sec. 4. Provided, further, that those female inhabitants whose names have at any time been stricken from said registration book, or those who have never registered, may register for the purpose of voting, and shall be required to pay a poll tax for the year in which they may so register and shall be required to pay a poll tax for every succeeding year so long as their names remain on said registration book. Payment of poll tax. Sec. 5. Be it further enacted, That all laws and parts of

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laws in conflict with this Act be, and the same are hereby repealed. Approved August 21, 1922.

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TITLE III. Amendments to Constitution. Art. 6. Sec. 13. Par. 1. Chattahoochee Circuit; Judge's Salary; Additional Payment by Muscogee County. Art. 6, Sec. 13. Par. 1. Richmond County; Judge's Salary. Art. 11, Sec. 1. Par. 2. Peach County, Creation of. CHATTAHOOCHEE CIRCUIT; JUDGE'S SALARY; ADDITIONAL PAYMENT BY MUSCOGEE COUNTY. No. 501. An Act to amend paragraph 1, section 13 of article 6 of the Constitution of Georgia, regulating the salaries of the judges of the Superior Courts, by providing for the payment from the county treasurer of Muscogee County to the judge of the circuit of which said county is a part, an additional compensation; and for other purposes. Section 1. The General Assembly of the State of Georgia hereby proposes to the people of Georgia an amendment to paragraph 1 of section 13 of article 6 of the Constitution of this State, as follows: By adding to paragraph 1 of section 13 of article 6 of the Constitution of the State of Georgia as it now is the following: Provided, that the County of Muscogee, from and after January 1, 1925, shall pay from its treasury to the Superior Court judges of the circuit of which it is a part such sums as will with the salary paid each judge from the State Treasury, make a

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salary of six thousand dollars per annum to each judge, and said payments are declared to be a part of the court expense of such county. Art. 6. Sec. 13. par. 1 amended. $6,000 per annum. For each judge. Sec. 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each of the Houses of the General Assembly, and the same has been entered upon their journals, with the yeas and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause the above proposed amendment to be published in one or more newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general election; and the Governor is hereby authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of this State at the next general election to be held after said publication, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the said proposed amendment shall have written or printed on their ballots the words, For amendment to paragraph 1 of section 13 of article 6 of the Constitution, providing for additional compensation to be paid by Muscogee County, to the judges of the circuit of which it is a part. All persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against amendment to paragraph 1 of section 13 of article 6 of the Constitution, providing for additional compensation to be paid by Muscogee County to the judges of the circuit of which it is a part. If a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification, the Governor shall, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in cases of election for members of the General Assembly to count and ascertain the result, issue his proclamation for one insertion in one daily

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paper of the State, announcing such result and declaring the amendment ratified. Publication. Submission to popular vote. Proclamation. Section 3. Be it further enacted, That all laws or parts of laws in conflict herewith are repealed. Approved August 19, 1922. RICHMOND COUNTY; JUDGE'S SALARY. No. 367. An Act to amend paragraph 1, of section 13, of article 6, of the Constitution of the State of Georgia, in so far as said paragraph relates to the salary of the judge of the Superior Court of the judicial circuit in which is located the County of Richmond, so as to require the county authorities of Richmond County, from the treasury of said county, to supplement the salary of such judge in such amount as when added to the amount received by him out of the State Treasury will amount to seven thousand 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 paragraph 1 of section 13 of article 6 of the Constitution be amended as follows: Art. 6, sec. 13, par. 1 amended. (a) By striking out the word Richmond wherever it appears in paragraph 1. (b) By adding at the end of section 1 of said paragraph the following: and provided, further, that the board of county commissioners of the County of Richmond, or such other board or person as may from time to time exercise the administrative powers of said county, shall supplement from said county's treasury the salary of the judge of the Superior Court of the circuit of which the said County of Richmond is a part, by such sum as may be necessary with salaries paid such judge from the State Treasury to make

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a salary for said judge of $7,000.00 per annum; and such payments are declared to be a part of the court expenses of said county, and such payment shall 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 thereof, and shall apply to the incumbent in office, as well as his successors. $7,000 per annum. 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 on their ballots the words: For ratification of amendment to paragraph 1 of section 13 of article 6 of the Constitution fixing the salary of the judge of the Superior Court of the Augusta Circuit; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to paragraph 1 of section 13 of article 6 of the Constitution fixing the salary of the judge of the Superior Court of the Augusta Circuit; and if a majority of the electors qualified to vote for the members of the next General Assembly voting shall vote in favor of the ratification as shown by the consolidation and by the returns made as now provided by law in election 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. Approved August 11, 1922.

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PEACH COUNTY; CREATION OF. No. 400. An Act to propose to the qualified electors of this State an amendment to paragraph 2, section 1, article 11, of the Constitution of the State of Georgia, as amended by the ratification of the qualified electors 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 15, 1917, August 21, 1917, July 30, 1918, August 11, 1919, July 8, 1920, and August 14, 1920, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the following amendment is hereby proposed to paragraph 2, section 1, article 11, of the Constitution of the State of Georgia, as amended by the ratification 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 15, 1917, August 21, 1917, July 30, 1918, August 11, 1919, July 8, 1920, and August 14, 1920, 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 comprising Houston and Macon counties, to be made up and composed of all that part of the territory of Houston and Macon counties described and contained within boundaries as follows: New county to be created. Beginning at the point where the counties of Bibb, Houston and Crawford corner; running thence, along the line between the counties of Houston and Crawford, to the point where the counties of Houston, Crawford and Macon corner; thence, in a southwesterly direction along the line between the counties of Crawford and Macon, to the middle of the run of Flint River; thence, in a southerly direction,

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down the middle of the run of Flint River to the southern line of fractional lot No. 149 in the eighth district of Macon County; thence east, along the southern line of lots Nos. 149, 140, 117, 108, 85, 76, 53, 44 and 21 in the eighth district of Macon County to the southwest corner of lot No. 12 in the eighth district of Macon County; thence south, along the western line of lot No. 13 in the eighth district of Macon County, to the southwest corner of said lot No. 13 in the eighth district of Macon County; thence east, along the southern line of said lot No. 13, in the eighth district of Macon County, to the southwest corner of lot No. 253 in the ninth district of Macon County; thence south along the western line of lots Nos. 254, 255, and 256 in the ninth district of Macon County, and the western line of lots Nos. 1, 32, 33, 64 and 65 in the fourteenth district of Macon County to the southwest corner of said lot No. 65; thence east, along the southern line of lots Nos. 65, 66, and 67 in the fourteenth district of Macon County to the southwest corner of lot No. 68 in the fourteenth district of Macon County; thence south, along the western line of lot No. 93 in the fourteenth district of Macon County to the southwest corner of lot No. 93 in the fourteenth district of Macon County; thence east along the southern line of lots Nos. 93, 92, 91, 90, 89 and 88 in the fourteenth district of Macon County to the southwest corner of lot No. 87 in the fourteenth district of Houston County; thence continuing east along the southern line of lots Nos. 87, 86, 85, and 84 in the fourtenth district of Houston County to the southwest corner of lot No. 83 in the fourteenth district of Houston County; thence north along the western line of lots Nos. 83, 78, 51, 46, 19, and 14 in the fourteenth district of Houston County to the southwest corner of lot No. 33 in the ninth district of Houston County; thence north along the western line of lots Nos. 33 and 34 in the ninth district of Houston County to the southwest corner of lot No. 33 in the ninth district of Houston County; thence east the entire length of the south line of said lot No. 35; thence north the entire length of the east line of said lot No. 35; thence east the entire length of the south line of lot No. 29; thence north the entire length of

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the east line of lot No. 29; thence east the entire length of the southern line of lot No. 5 (said lots Nos. 35, 29, and 5 being in the ninth district of Houston County) to the line between the ninth and tenth land districts of Houston County; thence north along said district line to the southwest corner of lot No. 11 in said tenth district, thence east the entire length of the southern line of lot No. 11, thence north the entire length of the eastern line of lot No. 11; thence east the entire length of the southern line of lot No. 23; thence north the entire length of the eastern line of lot No. 23; thence east the entire length of the southern line of lot No. 41; thence north the entire length of the eastern line of lot No. 41; thence east the entire length of the southern line of lot No. 57; thence north the entire length of the eastern line of lot No. 57; thence east the entire length of the southern line of lot No. 71; thence north the entire length of the eastern line of lot No. 71; thence east the entire length of the southern line of lot No. 91; thence north the entire length of the eastern line of lot No. 91; thence east the entire length of the southern line of lot No. 101; thence north the entire length of the eastern line of lot No. 101; thence east the entire length of the southern line of lot No. 125; thence north the entire length of the eastern line of lot No. 125; thence east the entire length of the southern line of lot No. 131; thence north the entire length of the eastern line of lot No. 131; thence east the entire length of the southern line of lot No. 159; thence north the entire length of the eastern line of lot No. 159; thence east the entire length of the southern line of lot No. 161; thence north the entire length of the eastern line of lot No. 161 (said lots Nos. 11, 23, 41, 57, 71, 91, 101, 125, 131, 159, and 161 being in the tenth district of Houston County) to the southwest corner of lot No. 144 in the fifth district of Houston County, thence north along the western line of lots Nos. 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, and 154 to the line between Houston and Bibb Counties; thence westerly, along the line between the counties of Houston and Bibb, to the point where the counties of Houston, Bibb

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and Crawford corner, the same being the point or place of beginning. Territorial description. That the said new County shall be known as the County of Peach and the City of Fort Valley shall be the county site of the same. That, irrespective of other provisions of this Constitution, said County of Peach shall, upon its creation, be entitled to one Representative in the House of Representatives of this State, and said County of Peach shall be entitled to one Representative in the House of Representatives of Georgia until the appointment shall be changed by law, in accordance with the provisions of this Constitution. Representation in General Assembly. That the said County of Peach 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 Houston 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 limits of the County of Peach 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 Peach County at the time of the adoption of this proposed amendment; and the ordinary of Houston County shall appoint election managers for such election precincts as may be located in Houston County at the time of the adoption of this proposed amendment; and the ordinary of Macon County shall appoint election managers for such precincts as may be located in Macon County at the time of the adoption of this proposed amendment. On the day succeeding the holding of said election the election managers shall meet at the council chamber of the mayor and city council of the City of Fort Valley and

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consolidate the vote for the officers named; and the general laws of this State now in force as to elections, consolidation of the 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 Peach shall exercise the duties and powers of their offices until new militia districts are laid out in said County of Peach and constables thereof elected. Election of officers. That the Superior Courts of said Peach 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 said Peach 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 section 829 to 848 inclusive of the Code of 1910 of Georgia, and in any other Acts or sections having applicability, are hereby made applicable to said County of Peach, whenever the same may be created by the proposed amendment to the Constitution, and that said county, when created, shall become a statutory county and shall be subject at all times to all laws applicable to all other counties of this State. Code provisions applicable.

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That the property of all tax payers included within the limits of said Peach County as herein above 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 Peach 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 of either of said counties. The value of the taxable property included within the limits of said County of Peach 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 peach is taken shall determine the proportionate amount of the indebtedness which shall be borne by the property of the tax payers located within the limits of said proposed new county. Taxable property. Authority is hereby given to the ordinary of said County of Peach 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 Peach; and it is hereby made the duty of the ordinary of the said County of Peach when the amount of said indebtedness with which the said County of Peach is chargeable is so ascertained to cause a tax to be levied upon all the property within the limits of the said County of Peach sufficient to pay off and discharge the proportionate part of the indebtedness due by said Peach County. Creation of debt. Tax for indebtedness. In the event of the failure or refusal of the ordinary of Peach County to levy such a tax, it shall be the duty of the judge of the Superior Court of the circuit to which the said County of Peach is attached to compel the ordinary of the said Peach County to perform the duty herein required of him. In the event of the failure of the authorities of the counties from which the said Peach County is created and the ordinary of the said Peach County to ascertain and

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agree upon the amount of said indebtedness, then either of said counties may bring a suit against the said County of Peach in the Superior Court of said County of Peach for the purpose of having the proportion of said debt so assumed by the said County of Peach ascertained; and the said Superior Court is hereby given power to enforce whatever judgment may be had as the result of such trial by compelling the ordinary of said Peach County to levy a tax sufficient for the payment of the indebtedness found to be due by the County of Peach; cause the same to be collected and paid to the constituted authorities of the county or counties from which said Peach County is created entitled to receive the same. Failure to levy tax. It is especially provided that all ad valorem and 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 counties from which the said Peach 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 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, and the same has been entered on their journals, with the yeas 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

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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 Peach; and all persons voting at said election against the adoption of said proposed amendment shall have written or printed on their ballots the words Against the amendment to the Constitution creating the County of Peach. 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 State, to whom the returns of said election shall be referred in the manner as in cases of elections 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, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1922.

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TITLE IV. Code Amendments. ACTS. Civil 695. Road Tax in Certain Counties. 755. Ferries and Bridges, Building and Repairing of. 1249. State Depository in Collins. 1249. State Depository in Crawford. 1249. State Depository in Crawford. 1249. State Depository in Waynesboro. 3037. Married Women as Guardians of Minors. 3931. Mother Made Equal Heir of Deceased Intestate. 6065. Official Organ in Certain Counties. Penal 755. Cruelty to Animals Defined. 876. Compensation of Bailiffs in Certain Counties. 958. Bail in Misdemeanor Cases. 519. Innkeepers; Limited Liability for Guests Property. ROAD TAX IN CERTAIN COUNTIES. No. 436. An Act to amend section 695 of volume 1, Park's Code of Georgia, adopted for the State by the General Assembly of Georgia, August 17th, 1914, by striking the word ten in the 7th line of said section, and inserting in lieu thereof the word eight, and amend by striking the word more in the eighth line of said section, and inserting in lieu thereof the word less; also amend by striking the words fifty cents in the ninth line of said section, and inserting in lieu thereof the words one dollar, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 695 of volume 1, Code of Georgia (Park's) of 1914, be and the same is hereby amended by striking the word ten in the seventh line of said section, and inserting in lieu thereof the word eight, and amend by striking the word more in the eighth line of said section, and inserting in lieu thereof the word less, also amend by striking the words fifty cents in the 9th line of said section, and inserting in lieu thereof, the words one dollar, so that said section when so amended shall read as follows: C. C. Sec. 695 amended. Section 695. Who is Subject to Road Duty. Each male citizen between the ages of twenty-one and fifty years shall be subject to road duty (except those who are now exempt by law) and shall be required, when notified or summoned to work the public roads of the county of his residence for such length of time in each year as may be fixed, or to pay such commutation tax as may be fixed by said authorities; provided, That no one shall be required to work for longer than eight days in any one year, nor shall said commutation tax be fixed at a sum that will amount to less than one dollar ($1.00) per diem for the number of days work required; provided further, That this Act shall become operative and effective only in such counties of this State as have a population of between 34,700 and 34,800 according to the United States Census of 1920. To be read. Number of Days. Amount of Tax. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1922. FERRIES AND BRIDGES, BUILDING AND REPAIRING OF. No. 470. An Act to amend section 755 of volume 1 of the Code of

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Georgia of 1910, relating to building or repairing bridges of ferries over water course dividing one or more counties by providing, first, for the building or repairing of such ferries and the approaches thereto by contract or sealed proposals to be received, opened and awarded at the county site agreed upon of any one of such joint counties. Second: Provided that all advestisements for the buildings or repairing of such ferries and the approaches thereto shall be published for four weeks. Third: That the proper county authorities may in their discretion require bond of contractors, in double the amount of the bid for building such ferries and the approaches thereto, or for repairing such ferries and the approaches thereto, making it obligatory for such contractors to keep same in good and safe condition for a period of time not less than seven years. Fourth: That the proper county authorities may in their discretion dispense with the condition in contractors' bond to keep such ferries and the approaches thereto or the repairs made thereon in good and safe condition for a period not less than seven years and may in their discretion require no bond. Fifth: That a county operating a chain gang may dispense with advertising for bids, with bids, with proposals and specifications, and may in their discretion work the chain gang in building such ferries and the approaches thereto, either or both, and build such ferry and the approaches thereto, or such ferry or the approaches thereto, by convicts, buying such material and using such money as is necessary for such purpose of building such ferry and the approaches thereto, or ferry or the approaches thereto, according to what the proper authorities of the counties respectively joined by such ferry may decide to be to the best interests of the counties so joined. Sixth: Fixing the liabilities of such counties joined by such ferry. Seventh: Providing for either free or toll ferry as the proper authorities of such said counties so joined by such ferry may deem to the best interest of such said counties. Eight: Providing for the operation of such ferries, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that section 755 of volume 1, of the Code of Georgia, of 1910 be, and the same is hereby amended as follows, to-wit: C. C. Sec. 755 amended. By adding at the end of said section the following words and language: (a) Provided, That whenever it becomes necessary to build or repair any public ferry over any watercourses in this State, which divides one or more counties from each other, the Ordinary, County Commissioners of Roads and Revenues, or other county officers having in charge the roads, bridges, and revenues of said counties joining at such water courses, shall cause such ferry, including the approaches thereto through the swamp immediately bordering such stream and between the high water marks respectively of such stream, to be built or repaired by letting out the contract therefor to the lowest bidder at public outcry. At either county site agreed upon by such said proper county officials to the lowest bidder at public outcry, after advertising the letting out of such contract by giving no tice in the public gazette wherein the sheriff's sales for such of each said adjoining counties are advertised, once a week for four weeks and by posting a written notice at the court house door of said adjoining counties respectively, which advertisements and notices shall embrace such details and specifications as will enable the public to know the extent and character of the work and the terms of payment, and said officials shall make out and post in a conspicuous place in their said offices respectively complete and minute specifications of the proposed work, which shall be opened to the inspection of the public, and such said officers may in their discretion employ some competent engineer to examine and prepare plans and specifications of such proposed work for which services he shall be paid reasonable compensation by said counties in the same proportion as said counties are required to pay for said construction work. Letting of contract to build or repair ferries. Advertisement of notice for bids. (b) Contractors who are awarded contracts under this

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section may, in the discretion of the proper county authorities of such said counties, be required to give bond in the double amount of bid, with two good and solvent securities who shall testify before signing said bond, conditioned for the faithful performance of the contract, and to indemnify the counties for any damages occasioned by a failure to perform said contract within the time provided, and to keep said ferry and the approaches thereto in a good and safe condition for a period of time not less than seven years, and there shall be as many originals of said bond executed as there are counties interested in said ferry and the approaches thereto, one of said originals to be filed with the proper authorities representing each of said counties to be kept as other official bonds. Contractor's bond. (c) Provided, That 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 ferry or approaches thereto, or ferry or approaches thereto by contract or sealed proposals, or otherwise, according to the method deemed in their discretion to be to the best interests of the counties respectively joined by such ferry. Rejection. of bids. Authority to build or repair. (d) Provided, That counties operating chain gangs, or a chain gang, may dispense with advertising for bids, with bids, with proposals and specification, and may, in their discretion, work the chain gang in building such ferry and the approaches thereto, either or both and to build such ferry and the approaches thereto, or such ferry or the approaches by convicts, buying such material and using such money as is necessary for such purpose of building such ferry and the approaches, or ferry or the approaches thereto, according to what the proper authorities of the counties respectively joined by such ferry may decide to be to the best interest of the counties respectively so joined, and may so repair same. Chain-gang work. (e) Provided, That neither of such said counties shall build such ferry and the approaches thereto, or such ferry

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or the approaches thereto, unless done so individually by such said county, in such said county's territory only, without expense to the other of such said counties and without any liability to the other of such said counties occurring outside the territory of such said county, except by the consent of a majority of the proper authorities of each of such said counties respectively to be joined by such ferry, that is, there must be a majority in each of such said counties to be joined by such said ferry of the proper county officials of each of such said counties consenting thereto. Provided, That when such ferry is once established by such said consent of each county respectively so joined by such said ferry, then it shall be the duty of both counties jointly to repair such ferry and the said approaches thereto so as to keep the same in a safe condition for use by the public, and either of such counties may make such repairs upon such ferries and the approaches thereto as is necessary and it shall be the duty of each county to maintain constantly in good condition such ferries and the said approaches thereto so as to keep the same open for the safe and uninterrupted travel of the public at all times and to build up such ferries as often as may be necessary to accomplish such purpose. If either of such counties refuses or fails to do so after reasonable notice, the other county may repair or build up such one established ferry and the said approaches thereto, by contract or the use of its convicts as to such county may seem best, and compel by suit, if necessary, the delinquent county to reimburse said county for the actual cost of so doing, provided further that such counties may, if in their discretion they deem it advisable, contract with some competent person that such person maintain and keep in repair such ferry and such said approaches thereto, either or both; such person accepting the contract to give bond with two good and solvent securities, conditioned to pay such damages as may occur by virtue of such person failing to keep said ferry and the approaches thereto or ferry and said approaches thereto, in proper state of repair so as to be safe, which said bond shall be executed and filed as hereinbefore provided for contractor's bonds,

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the consideration of such contract to be agreed upon jointly by the proper county authorities of the counties respectively so joined by such ferry. Authority to build; how limited. Consent. Duty to repair. Reimbursements for repair. Contract for repair. Bond. (f) Be it further enacted by the authority aforesaid, and it is hereby enacted, that the counties thus joined by such ferry shall be jointly liable for negligence in keeping such ferries and such said approaches thereto in proper state of repair, except, however, in the event that the contract for keeping such ferry and the approaches thereto shall be let to another as hereinbefore provided, then, in such event, the said person so contracting and giving such bond as herein provided, and his securities shall each jointly and severally, as also shall their heirs, executors, administrators and assigns, be liable for a failure to keep and maintain such said ferry and such said approaches thereto in a good and safe state of repair at all times open to the safe use of the public in which event the counties shall not be liable. Liability of Counties for negligence. Contractor's liability. (g) Be it further enacted by the authority aforesaid, and it is hereby enacted, that such counties shall not jointly build, repair or maintain or be liable for damages occurring outside of such county's own territory, for a distance in the territory of the opposite county of more than one and one-half miles, and such said counties may jointly build, maintain and be liable only to the extent as herein before in this Act provided. Joint building and repair. (h) Be it further enacted by the authority aforesaid, and it is hereby enacted that such said counties may operate said ferry free or for reasonable toll, and may either employ a ferryman or may contract with someone to operate the ferry and to keep and maintain such ferry and such approaches in a good safe and proper state of repair. In the event of contracting for the operation of such ferry the party contracting for the operation of such ferry shall give bond with two good and solvent securities conditioned for the faithful performance of his duty as a ferryman and to keep, repair and maintain such said ferry and such said

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approaches thereto in a good, safe and proper state of repair and to be liable for all damages by virtue of a failure to do so, and in the event of the counties taking such bond the counties shall not be liable for damages; such bond to be executed and filed as hereinbefore provided for with reference to contractor's bonds. The amount of toll to be charged to be fixed jointly by the proper officials of such said counties so joined by such ferry. Free or toll ferry. Contract to operate. Bond. Liability. in damage. (i) Be it further enacted by the authority aforesaid, and it is hereby enacted, That the term proper county authorities, as used in this Act shall mean the Ordinary, County Commissioners of Roads and Revenues, or other county officers having in charge the roads, bridges and revenues of said counties joining at such water course. County authorities defined. (j) Be it further enacted by the authority aforesaid, and it is hereby enacted, That all laws and parts of laws in conflict herewith, be, and the same are hereby repealed. Approved August 15, 1922. STATE DEPOSITORY IN COLLINS. No. 383. 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 Collins, in the County of Tattnall, 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

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Collins, in the County of Tattnall, State of Georgia, to the list of such cities and towns. C. C. Sec. 1249 amended. City of Collins added. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 11, 1922. STATE DEPOSITORY IN CRAWFORD. No. 487. 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 Crawford, in the County of Oglethorpe, to the list of such cities and towns, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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 Crawford, in the County of Oglethorpe, State of Georgia, to the list of such cities and towns. C. C. Sec. 1249 amended. Town of Crawford added. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1922.

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STATE DEPOSITORY IN CRAWFORD. No. 491. 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 Crawford, in the County of Oglethorpe, 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 Crawford, in the County of Oglethorpe, State of Georgia, to the list of such cities and towns. C. C. 1249 amended. Town of Crawford added. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1922. STATE DEPOSITORY IN WAYNESBORO. No. 322. 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 Waynesboro, in the County of Burke, 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

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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 Waynesboro, in the County of Burke, State of Georgia, to the list of such cities and towns. C. C. Sec. 1249 amended. City of Waynesboro added. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1922. MARRIED WOMEN AS GUARDIANS OF MINORS. No. 543. An Act to amend section 3037, of volume 1, of the Civil Code of this State of 1910, providing for the appointment of guardians for minors, and giving the mother preference in such appointments, and to amend section 3038, of volume 1, of the Civil Code of this State of 1910, relating to the appointment of the mother as guardian for minors, 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 section 3037, of volume 1, of the Civil Code of the State of Georgia of 1910, be and the same is hereby amended, first by striking therefrom the following, towit: Mother guardian. In the appointment of guardians the widowed mother shall have the preference, upon complying with the law, and inserting in lieu thereof the following, towit: Appointment of collaterals; and second, by striking therefrom the words Males being preferred to females, where the same occur in said section, so that said section, when amended, shall read as follows: C. C. Sec. 3037 amended. Section 3037. Appointment of Collaterals. Among collaterals applying for the guardianship the nearest of kin by blood, if otherwise unobjectionable, shall be preferred. The Ordinary, however, in every case, may exercise his discretion

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according to the circumstances, and if necessary, grant the letters to a stranger in blood. To be read. Guardians. Sec. 2. Be it further enacted by the authority aforesaid, That section 3038, of the Civil Code of this State of 1910, relating to the appointment of the mother as guardian of minors, be and the same is hereby amended, by striking therefrom the following, Married women shall be authorized to act as guardians for their minor children by a former husband, and inserting in lieu thereof the words, to-wit: A married woman may be guardian of the person or property, or both, of any minor, whether her own child or that of another, so that said section, when so amended, will read as follows: C. C. Sec. 3038 amended. Section 3038. Married Women May be Guardians, When a married woman may be guardian of the person or property, or both, of any minor, whether her own child or that of another, by complying with all the requisitions required by law of other guardians in this State. To be read. Guardians. Section 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 21, 1922. MOTHER MADE EQUAL HEIR OF DECEASED INTESTATE. No. 562. An Act to amend section 3931, paragraph 6, of the Code of 1910, so as to make the mother an equal heir with the father and brother and sisters of a deceased intestate. Section 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 3931, paragraph 6, of the Code of 1910, be and the same is hereby amended by striking out said paragraph 6, and inserting in lieu thereof the following: C. C. Sec. 3931 amended

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6. The father and mother inherit equally with brothers and sisters and stand in the same degree. New par. 6. Sec. 2. Be it likewise enacted, That all laws and parts of laws in conflict with this section, are hereby repealed. Approved August 21, 1922. OFFICIAL ORGAN IN CERTAIN COUNTIES. No. 372. An Act to amend section 6065 of the Code of 1910, by adding after the word except in line nine thereof and between the word except and the word upon, the following words: In those counties in which there is a city having a population of between thirty-eight thousand and fifty-two thousand nine hundred according to the official census of the United States for the year 1920, upon the action of the County Commissioners or a majority of said officers and in all other counties. Section 1. Be it enacted, by the General Assembly, and it is hereby enacted by the authority of the same, that section 6065 of the Code of 1910, be amended after the word except on the ninth line thereof and between the word except and the word upon, by adding the following words, to-wit: in those counties in which there is a city having a population of between 38,000 and 52,900 according to the official census of the United States for the year of 1920, upon the action of the County Commissioners or a majority of said officers and in all other counties so that said section when amended, will read as follows: C. C. Sec. 6065 amended. Section 6065-(A) Selection of official organ. (No journal or newspaper published in this State shall be declared or made the official organ of any county for the publication of sheriff's sales, ordinary's citations or any other advertising commonly known and termed `official or legal advertising,' and required by law to be published in such county official newspaper unless such newspaper shall have

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been continuously published and mailed to a list of bonafide subscribers for a period of two years, or is the direct successor of such journal or newspaper, and no change shall be made in official organship of any county except in those counties in which there is a city having a population of between 38,000 and 52,900 according to the official census of the United States for the year 1920, upon the action of the County Commissioners or a majority of said officers and in all other counties upon the concurrent action of the ordinary, sheriff and clerk of the Superior Court of said county, or a majority of said officers: Provided, That in counties when no journal or newspaper has been established for two years the official organ may be designated by the ordinary, sheriff and clerk of the Superior Court, a majority of these officers governing). To be read. Change of official organ. 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, 1922. CRUELTY TO ANIMALS DEFINED. No. 517. An Act to amend section 755 of the Criminal Code of Georgia, defining cruelty to animals, 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 755, of the Code of Georgia, be amended by adding thereto the following words, so that the said section when so amended shall read as follows: P. C. Sec. 755 amended. Section 755 (705). Cruelty Defined. The word cruelty shall be held to include every wilful Act, omission, or neglect, when by unjustifiable physical pain suffering, or death is caused or permitted. And it shall be the duty of the sheriffs of the several counties of this State to furnish to the solicitor-general or other prosecuting officer who prosecutes

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criminal cases in the county on behalf of the State the names of all persons who shall be found violating the provisions of this statute, together with the names of the witnesses; and it shall thereupon be the duty of such solicitor or other prosecuting officer so notified to take active steps to secure the conviction of such persons and the prevention of the violation of this statute, and he shall proceed by criminal prosecution to secure the enforcement of the law against such person or persons. And sheriffs are charged with the duty of being on the alert for violations of this statute and with co-operating with the solicitors and prosecuting attorneys in bringing violators to justice. To be read. Cruelty defined. Duties of sheriffs and of solicitors-general. Approved August 19, 1922. COMPENSATION OF BAILIFFS IN CERTAIN COUNTIES. No. 411. An Act to amend an Act which amends Section 876 of the Penal Code of Georgia of 1910, as to compensation of juries and court bailiffs in the several Superior and City Courts of this State, said Act having been approved August 7, 1919, and published in the Georgia Laws of 1919, on pages 104 and 195 thereof, by making it permissible to increase the pay of bailiffs in certain counties. Be it enacted by the General Assembly and it is hereby enacted by the authority of same, That the Act approved August 7, 1919, as published on pages 104 and 195 of the Georgia Laws of 1919, which relates to the compensation of jurors and county bailiffs of the several Superior and City Courts of this State, be so amended that there shall be added after the last word in section 1 of said Act, the following: Act of 1919 amended. In counties of 200,000 population or more it shall be permissible for the grand jury impaneled at the fall term of the Superior Courts to fix compensation of court

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bailiffs in a sum not to exceed $5.00 per day, so that said section, when amended, shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 876 of the Penal Code of Georgia of 1910 be, and the same is hereby amended by striking from the fifth line of said section the word two and inserting in lieu thereof the word three so that when said section is so amended the same shall read as follows: To be read. P. C. Sec. 876. Section 876 (Section 872). Compensation of Jurors and Court Bailiffs. The first grand jury empanelled at the fall term of Superior Courts of the several counties shall fix the compensation of jurors and court bailiffs in the superior courts of such county for the next succeeding year, such compensation not to exceed the sum of three dollars per diem; and the same compensation shall be allowed to the jurors of the several City Courts in this State as is allowed to the jurors of the Superior Courts of the county in which such City Court may be located; and all laws, whether general or local, in conflict with the provisions of this section are hereby repealed. To be read. The pay of tales jurors shall be the same as regular traverse jurors, and there shall be no distinction in the pay of tales and regular jurors. In counties of 200,000 population or more, it shall be permissible for the grand jury impaneled at the fall term of the Superior Courts to fix compensation of court bailiffs in a sum not to exceed $5.00 per day. Court bailiffs; increase of pay. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1922. BAIL IN MISDEMEANOR CASES. No. 545. An Act to amend section 958 of the Penal Code of Georgia

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of 1910 by adding thereto the following: At no time, either before the commitment court when indicted, after a motion for new trial is made, or while a bill of exceptions is pending, shall any person charged with a misdemeanor be refused bail. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 958 of the Penal Code of Georgia of 1910, be amended by adding thereto the following to said section: At no time, either before the commitment court when indicted after a motion for new trial is made, or while a bill of exceptions is pending, shall any person charged with a misdemeanor be refused bail, so that said section when amended shall read as flolows: P. C. Sec. 958 amended. Section 958. Who may take bail. Capital offenses are bailable only before a Judge of the Superior Court and this is, in every case, a matter of sound discretion. All other cases are bailable by the committing court; At no time, either before the commitment court when indicted, after a motion for a new trial is made, or while a bill of exceptions is pending, shall any person charged with a misdemeanor be refused bail. To be read. Bail not to be refused. 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 21, 1922. INNKEEPERS; LIMITED LIABILITY FOR GUESTS' PROPERTY. No. 519. An Act to amend section 3510 of the Code of Georgia of 1910 by adding a provision requiring inkeepers to give and guests to receive receipts for valuable articles left with innkeepers for safe keeping; to amend section 3511 of the Code of Georgia of 1910 by adding thereto provisions limiting the liability of innkeepers for injury to or loss of property of guests; 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 3510 of the Code of Georgia of 1910 be and the same is hereby amended by adding thereto the following: C. C. Sec. 3510 amended. For all valuable articles placed by guests with innkeepers for safe keeping the innkeeper shall give and the guests shall receive a receipt therefor to evidence the fact of such deposit. No guests shall recover of the innkeeper more than one hundred ($100.00) dollars for loss of valuable articles deposited with the innkeeper for safe keeping unless such guest has in his possession the receipt of the innkeeper for the valuable articles claimed to have been lost, so that the said section as amended shall read: Section 3510. The innkeeper may provide an iron safe, or other place of deposit for valuable articles and, by posting a notice thereof, may require his guests to place such valuable articles therein or he will be relieved from responsibility for them. For all valuable articles placed by guests with innkeepers for safe keeping the innkeeper shall give and the guest shall receive a receipt therefor to evidence the fact of such deposit. No guest shall recover of the innkeeper more than one hundred ($100.00) dollars for loss of valuable articles deposited with the innkeeper for safekeeping unless such guest has in his possession the receipt of the innkeeper for the valuable articles claimed to have been lost. To be read. Guests' receipts. Sec. 2. Be it further enacted by the authority aforesaid, That section 3511 of the Code of Georgia of 1910 be and the same is hereby amended by striking the words the innkeeper cannot limit his liability by a public notice and in lieu of said words by adding the following words: C. C. Sec. 3511 amended. The liability of the innkeeper for loss of or injury to personal property placed by any guest under his care, other than valuable articles which must be delivered to the innkeeper by any guest to be deposited in an iron safe or other place of deposit shall not exceed the sum of one hundred

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dollars; provided, however, any guest may at any time before a loss, damage or destruction of his property notify the innkeeper in writing that his property exceeds in value the sum of one hundred dollars, and shall upon demand of the innkeeper furnish him a list or schedule of the same, with the value thereof, in which case the innkeeper shall be liable for the loss, damage or destruction of said property because of negligence on his part for the full value of the same: Provided, further, however, the innkeeper posts a copy of this section printed in distinct type on the inside of the door of the guests' room. So that the said section as amended shall read as follows: Section 3511. In case of loss the presumption is want of proper diligence in the landlord. Negligence or default by the guest himself, of which the loss is a consequence, is a sufficient defense. The liability of the innkeeper for loss of or injury to personal property placed by any guest under his care, other than valuable articles which must be delivered to the innkeeper by any guest to be deposited in an iron safe or other place of deposit, shall not exceed the sum of one hundred dollars; provided, however, any guest may at any time before a loss, damage or destruction of his property notify the innkeeper in writing that his property exceeds in value the sum of one hundred dollars, and shall upon demand of the innkeeper furnish him a list or schedule of the same, with the value thereof, in which case the innkeeper shall be liable for the loss, damage or destruction of said property because of negligence on his part for the full value of the same; provided, further, however, the innkeeper posts a copy of this section printed in distinct type on the inside of the door of the guests' room. He may adopt reasonable regulations for his own protection, and the publication of such to his guests binds them to comply therewith. To be read. Liability. Property of excess values. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1922.

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TITLE V. Superior Courts. ACTS. Barrow Superior Court; Terms. Baker Superior Court; Terms. Dooly Superior Court; Terms. Jeff Davis Superior Court; Terms. Stephens Superior Court; Terms and Grand Juries. Tattnall Superior Court; Terms. Walton Superior Court; Terms. Wilcox Superior Court; Terms. BARROW SUPERIOR COURT; TERMS. No. 404. An Act to amend section 2 of An Act to provide for holding four terms a year of the Superior Court of Barrow County, to prescribe the time for holding 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 change time of holding the June term of said court to third Monday in June in each year, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section two (2) of the Act approved August 8, 1916, providing for the holding of four terms a year of the Superior Court of Barrow County, found in

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Acts 1916, pages 64 and 65, be amended by striking from line two, after the word March, the word fourth and by inserting in lieu thereof the word third, so that said section two of said Act as amended shall read as follows: Section 2. Be it further enacted, That the terms of said court shall begin on the fourth Monday in March, third Monday in June, fourth Monday in September and the third Monday in December in each year. Act of 1916 amended. June term. 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 15, 1922. BAKER SUPERIOR COURT; TERMS. No. 310. An Act to change the time of holding the Superior Court of Baker County, so as to provide that the spring term of said court shall be held on the third Monday in January and the fall term thereof on the third Monday in July, instead of the first Monday in January and July respectively, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and is hereby enacted by the authority of the same, That from and after the passage of this Act the spring term of the Superior Court of Baker County shall be held on the third Monday in January and the fall term thereof on the third Monday in July of each and every year instead of the first Mondays in January and July respectively, as is now provided by statute. Times of holding Sec. 2. Be it further enacted by the authority aforesaid, That all writs, processes, and summons, bail-bonds and all other processes, orders and proceedings of all kinds returnable to the court heretofore authorized by law, shall be held

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and considered returnable to the regular spring and fall terms respectively as prescribed by this Act. Writs, etc., when returnable. courts. Sec. 3. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until the first day of January, 1923, and that the first term of said Superior Court under this Act shall be held on the third Monday in January, 1923. Effective January 1, 1923. 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 July 26, 1922. DOOLY SUPERIOR COURT; TERMS. No. 434. An Act to amend an Act approved August 16th, 1920, entitled 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. Section 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 Paragraph 3 of Section 1, of an Act approved August 16, 1920, be and the same is hereby amended by striking from said paragraph the word June, September and December, and inserting therein the words May, August, and November, so that said Paragraph of said Section when so amended shall read as follows: For the County of Dooly the second and third Mondays in February, May, August, and November. Act of 1920 amended. Times of holding courts. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1922.

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JEFF DAVIS SUPERIOR COURT; TERMS. NO. 433. An Act to fix the terms of the Superior Court of Jeff Davis County, to provide for terms of said Court with a Grand Jury and terms of said Court without a Grand Jury, 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 there is hereby created for the County of Jeff Davis four terms of the Superior Court to be held as here-inafter provided. Four terms yearly. Sec. 2. Be it further enacted by the authority of same, and it is hereby enacted that the terms of said Court shall be held the 2nd Monday in January, April, July, and the 1st Monday in October. Times of holding courts. Sec. 3. Be it further enacted by the authority aforesaid and it is hereby enacted that the Terms to be held on the Second Monday in January and the 1st Monday in October shall be with a Grand Jury, and that these terms held on the 2nd Monday in April and July shall be held without a Grand Jury; provided, however, that at each of said two terms to-wit: April and July the Judge of said Court may if he thinks proper, and the business of the State and County require, call a Grand Jury for said terms or either of them. Grand juries. Sec. 4. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, that this Act shall become effective January 1st, 1923. Effective January, 1923. 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 is hereby repealed. Approved August 15, 1922.

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STEPHENS SUPERIOR COURT; TERMS AND GRAND JURIES. No. 376. 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 for 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 first Mondays in January and July and the Fourth Mondays in April and October, in each year. Times of holding courts. Sec. 2. It is further enacted, That the Judge shall draw a grand jury for the January and July terms of said court, and in his discretion, either in term time or in vacation, he may draw a grand jury for the April and October terms of said court. Grand juries. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1922. TATTNALL SUPERIOR COURT; TERMS. NO. 309. An Act to amend an Act to provide for holding two terms a year of the Superior Court in Tattnall County, to prescribe the time for holding the same. Approved August 2, 1915 by changing the words in section 2, line 2, beginning

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at the word the and ending at the word year in the third line, and inserting in lieu thereof the following words; the third Monday in April and the third Monday in October each year, and for other purposes, and shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be held in each year, two terms of the Superior Court in the County of Tattnall, in the Atlantic Circuit. Two terms yearly. Sec. 2. Be it further enacted that the term of said court shall begin on the third Monday in April and the third Monday in October in each year, and each term shall run for two weeks if necessary to clear the dockets of said Court. Times of holding courts. Sec. 3. Be it further enacted, That all petitions, processes, and suits of all kinds, and all bonds, civil and criminal returnable to the October Term 1915 are hereby made returnable to the January Term 1916 of said Tattnall Superior Court. Suits of October term, 1915. 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, 1922. WALTON SUPERIOR COURT; TERMS. NO. 301. An Act to amend an Act of the General Assembly of Georgia, on page 135, Acts of 1921, entitled An Act to provide for holding four terms a year of the Superior Court of Walton County; to prescribe time for holding the same, etc., so as to change the time in the months for the holding of the May and November Terms 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 section 2 of said Act, be changed so that the May and November terms of Walton Superior Court shall begin on the third Mondays in said months instead of the first; and that in order to effect this the Act be changed by striking from the said section the word first where it appears therein, and inserting in lieu thereof the word, third, so that when said section of said Act is so amended it will read as follows: Act of 1921 amended. Be it further enacted that the terms of said Court shall begin on the third Mondays in February and August, and third Mondays in May and November in each year. Times of holding courts. 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, 1922. WILCOX SUPERIOR COURT; TERMS. NO. 420. An Act to change the terms of Wilcox Superior Court. Section 1. Be it enacted by the General Assembly of the State or Georgia and it is hereby enacted by the authority of the same that beginning with the year 1923 there shall be held three terms of the Superior Court in and for the County of Wilcox. Three terms yearly. Sec. 2. Be it further enacted that the terms of said Court shall be held as follows: First Monday in January, first and second Mondays in May and the first Monday in September; being two terms of one week each and one term of two weeks. Times of holding courts. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922.

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TITLE VI. Miscellaneous Civil and Penal Laws. Acts. Civil Laws. Ad Valorem Tax Rate in Certain Counties. Banking Act Amended. Children's Code Commission Created. Children; Placing Out Regulated. Commerce and Labor Department; Workmen's Compensation Act Amended. Confederate Soldiers' Home; Ex-Officio Trustees. County Educational Taxes, and Officers. County Manager; Uniform Government. Court Costs in Certain Counties. Court Procedure in Certain Cases. Elections; Rules and Regulations. Federal Game Regulations on U. S. Government Land' in Georgia. Fire Protection in Certain Counties. Fiscal Year in Certain Counties. Georgia Military College; Trustees of. Georgia School of Technology; Tuition Chargeable. Growing Crops Declared Personalty. Highway Department; Act Amended. Highway Department; Purchase of Materials. Insurance Department; Assistant State Fire Inspector. Insurance Department; Mutual Fire Insurance Companies' Bonds. Insurance Licenses; Grounds for Revoking. Interrogatories and Depositions; Return and Transmissions. Investigating and Budget Commission Created. Jury Commissioners; Compensation of, in Certain Counties. Justices' Courts in Militia Districts. Municipal Police Courts; Officers pro tem. No-Fence Law in Certain Counties. Normal and Industrial College Changed to Georgia State College for Women. Nurserymen, Etc.; Licensing of. Public Sanitation in Certain Counties. Railroad Commission Changed to Public Service Commission. Road Tax in Certain Counties. School Code Amended; Text-books in Certain Counties. School Consolidation; Act af 1919 Amended. School House Bond Elections in Certain Counties. School Tax Elections. School Text Books Required; Act of 1919 Amended. Securities Commission; Act Amended. Sheriffs, Railroad Passes to. South Georgia State Normal College Changed to Georgia State Woman's College. State Agricultural and Mechanical College Established. State Aid Roads in Certain Places. Stocks, Non Par Issue by Certain Corporations. Stocks, Par and Non Par, of Certain Corporations. Support of Paupers in Certain Counties. Tax Collections in Certain Counties. Tax Collectors in Certain Counties; Act of 1919 Repealed. Temperance Day; Observance of in Schools. Tuberculosis Sanatorium; Maintenance and Regulation. Workmen's Compensation Act Amended. Penal Laws. Brastown Creek; Fishing in Prohibited. Change of Venue in Criminal Cases. Fishing Tackle Prescribed. Protection of Fur-Bearing Animals: Act of 1920 Amended.

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AD VALOREM TAX RATE IN CERTAIN COUNTIES. NO. 388. An Act to prohibit the levying or collection by the taxing authorities of any counties of this State having a population of not less than twenty thousand three hundred and one (20,301) and not more than twenty thousand three hundred and six (20,306) according to census 1920 of any ad valorem tax in excess of 10 mills in the aggregate for county purposes, except to pay post and bonded indebtedness, and the interest thereon, and to build court houses or jails, and for other purposes. Section 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 it shall be unlawful for the taxing authorities of the counties of this State, having a population of not less than twenty thousand three hundred and one (20,301) and not more than twenty thousand three hundred and six (20,306) according to census 1920, to levy and collect any ad valorem tax in excess of 10 mills in the aggregate for county purposes shall be prohibited, except to pay post and bonded indebtedness and the interest thereon, and to build court houses or jails. 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, 1922. BANKING ACT AMENDED. NO. 559. 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

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the amendment, renewal and surrender of charter; to provide penalties for the violation of laws with reference to banking and the banking business; and for other purposes, as amended by the Act approved August 14th, 1920, so as to provide how the salaries of the clerks and office assistants of the Banking Department shall be fixed; to limit the information required to be published in the Superintendent's annual report; to confer additional powers upon the Superintendent in the liquidation of banks; to give to the Superintendent of Banks the authority to approve or disapprove the organization of a bank; to provide that stock certificates shall be receipted for by the parties to whom the stock is issued; to provide for the amendment of the Charters of Consolidated or merged banks; to provide additional penalties for failure to report the result of examination made by the Directors and for failing to report the names of officers elected; to authorize semi-annual audits to be made by accountants approved by the superintendent, to provide that the bonds of officers and employees shall be subject to the approval of the Superintendent, to regulate loans by banks; to provide additional safe guards on certificates of deposit; and for other purposes. Section 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, as amended by the Act approved August 14, 1920, be amended in the following particulars, to-wit: Act of 1919 amended. 1. Amendment to Section 12, Article 2, By striking at the end of Section 12 of Article 2 the words and figures not exceed in the aggregate the sum of five thousand ($5,000,00)

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dollars per annum and substituting in lieu thereof the following: Be fixed by the Superintendent of Banks, so that the last sentence of said Section shall read: The salaries of the clerks and office assistants shall be fixed by the Superintendent of Banks. Salaries of assistant, etc. 2. Amendment to Section 16, Article 2, by striking in sub-section 2 of said Section 16, between the words response to call and the words and such other information, the following: and such condition as shown by the last examination made, so that said sub-section 2 shall read as follows: Superintendent's report. A summary of the condition of every bank, as shown by the last report received in response to call, and such other information in relation to said bank as in his judgment may be useful. 3. Amendment to Article 7. By inserting after Section 7, of said Article and before Section 8, a new Section to be known as Section 7-a and said Section 7-a being in the following words: Suits, conveyance, etc. Sec. 7-a. Suits, Conveyance, Purchase of Property, Extensions and Renewals. For the purpose of executing any of the powers and performing any of the duties hereby conferred upon him, the Superintendent may, in the name of the bank, institute, prosecute and defend any and all actions, suits and legal proceedings, including suits against its directors or officers, or any of them, upon any cause of action which is vested by law in such bank or in the stockholders or creditors thereof. He may, in the name of the bank, execute and deliver any and all deeds, assignments, bills of sale, transfers, satisfactions, or other instruments necessary or proper to effectuate any sale, lease, or transfer of real or personal property, or to carry into effect any power conferred or duty imposed upon him by this Act or by any order of the Superior Court. Any instrument executed pursuant to the authority hereby given shall be as valid and effectual, for all purposes, as though the same had been executed by the proper officers of the bank by

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authority of its board of directors. He may, when in his opinion it is necessary, in order to fully protect and benefit the said bank and its creditors to the extent of any and all equities which said bank may have in any property, real or personal, by reason of any mortgage, assignment, security deed, or other proper legal claim attaching thereto, buy in said property or pay off such secured claim, and it is hereby authorized and empowered to use any of the funds of said bank for that purpose to the extent the same may be necessary or required. He may, in the name of said bank, when in his jujdgment it is for the best interest of the said bank and its creditors, renew or extend for limited periods, any of the notes or other bills receivable of said bank. 4. Amendment to Article 13. By inserting after Section 2 of said Article and before Section 3 thereof, a new Section to be known as Section 2-a which new Section shall read as follows: Sec. 2-a. Amendment of Charter. When such agreement for merger or consolidation shall have been submitted to and approved by the stockholders of the banks respectively, and copies of the resolutions approving the same shall have been filed in the office of the Superintendent of Banks, as hereinbefore provided, the merged or consolidated bank shall file in the office of the Secretary of State an application in duplicate, signed with the name adopted by the said consolidated bank and under its corporate seal, in which it shall state: Agreement to merge or consolidate; amendments. 1. The names and locations of the banks which have been merged or consolidated, with the dates of their original charters and all amendments thereto, respectively. 2. The date of the consolidation agreement, and the dates of the approval thereof by the Superintendent of Banks, and by the stockholders of the several contracting banks, respectively. 3. The name under which the consolidated bank proposes to do business.

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4. The amount of capital stock of the consolidated bank. 5. The number of its board of directors. Said bank shall pay to the Secretary of State, at the time of filing said application, a fee of twenty-five ($25.00) dollars, to be conveyed by him into the Treasury of the State. Immediately upon filing the application, the Secretary of State shall transmit one copy thereof to the Superintendent of Banks. When said application shall have been approved by the Superintendent of Banks and certificate of such approval filed by him with the Secretary of State, the Secretary of State, shall issue to the consolidated bank a certificate under the seal of the State, certifying that the contracting banks have been merged or consolidated under the name adopted and with the capital stock in said application set forth, which certificate shall be the charter of the consolidated or merged bank; and the Secretary of State shall record the application, the certificate by the Superintendent of Banks approving the same, and his certificate, in the order named. 5. Amendment to Section 5, Article 19, by adding at the end of said Section the following: Provided, however, that in lieu of the semi-annual examination of the directors, such semi-annual examination may be made by accountants, approved by the Superintendent of Banks; and provided, that any bank which fails to transmit to the Superintendent of Banks, within ten (10) days after the completion of the same, a copy of the report made by such board of directors or such accountants shall be subject to the same penalty as is provided by Section 5 of Article 4 of this Act for failure to make and transmit its report in response to call of the Superintendent of Banks. Examinations by directors or accountants. 6. Amendment to Section 9, Article 19, by adding at the end of said Section the following: The Superintendent of Banks shall be notified immediately of any changes in the officers of the bank occurring after the annual election. Any bank failing to transmit to the Superintendent of Banks

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a list of officers elected at the annual meeting, or any changes which may occur in said list, shall be subject to the same penalty as is provided in Section 5 of Article 4 of this Act for failing to transmit its report made subject to call of the Superintendent of Banks. Changes in officers; notification of superintendent. 7. Amendment to Section 10, Article 19, by adding at the end of said Section the following: The amount of the bonds of the cashier and other officers and the conditions thereof shall be subject to the approval of the Superintendent of Banks. Bonds, approval of. 8. Amendment to Section 13, Article 19, by changing in the third line of said Section the words and figures thirty (30) to the words and figures twenty (20) and by inserting in the third line of said Section between the word capital and the words unimpaired surplus, the word and; and by striking in the fourth line of said Section, after the words unimpaired surplus the words and undivided profits, and by inserting in the fifth line of said Section between the words capital and except, the words and surplus; and by inserting in the twentieth line after the word capital and before the words to be approved the words and surplus, so that said Section as amended shall read as follows: Sec. 13. Loans by Bank, Limit of. No bank shall be allowed to lend to any one person, firm, or corporation more than twenty (20) per cent. of its capital and unimpaired surplus. And no loan shall be made in excess of ten (10) per cent. of the capital and surplus except upon good collateral or other ample security and with the approval of a majority of the directors, or of a committee of the board of directors authorized to act, which approval shall be evidenced by the written signatures of said directors or the members of said committee. In estimating loans to any person, all amounts loaned to firms and partnerships of which he is a member shall be included. Provided, however, that a bank may buy from or discount for any person, firm or corporation, bills of exchange drawn in good faith against

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actually existing values, or commercial or business paper actually owned by the person negotiating the same in addition to loans directly made to the person, firm or corporation selling the same, such purchase or discount, if in excess of ten (10) per cent. of the capital and surplus, to be approved in writing by a majority of the directors, or by a committee of such board authorized to act; and provided, that the limit of loans herein fixed shall not apply to bona fide loans made upon the security of agricultural, manufactured, industrial products of live stock, having a market value and for which there is ready sale in the open market, title to which by appropriate transfer shall be taken in the name of the bank, and which shall be secured by insurance against loss by fire with policies made payable to the bank, where no more than eighty (80) per cent. of the market value of such products shall be loaned or advanced thereon. In all such cases a margin of twenty (20) per cent. between the amount of the loan and the market value of the products shall at all times be maintained (except where products are intended for immediate shipment); and the bank shall have the right to call for additional collateral when the difference between the market value and the amount loaned shall be less than twenty (20) per cent., and in the event of the failure to comply with such demand, to immediately sell all or any part of such products in the open market and pay the amount of the loan and the expenses of sale, and the balance to the borrower; and provided, that the limit herein fixed shall not apply to loans fully secured by bonds or certificates of indebtedness of the United States or of this State, or of the several counties, districts or municipalities thereof which have been duly and regularly validated as provided by law. Liabilities arising to the makers and endorsers of checks, drafts, bills of exchange, received by the bank on deposit, cashed or purchased by it, shall not in any way be considered as borrowed money or loans. Art. 19, Sec. 13 read. Limit of loans. It shall be the duty of the Superintendent of Banks to order any loan in excess charged to profit and loss, provided in his opinion such excess is not well secured, and if such

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reduction shall not be made within thirty (30) days after such notification to proceed as in other cases provided for violation of the orders of the Superintendent. 10. Amendment to section 18 of article 19 by inserting in the fourth line of said section as amended by the Act approved August 14th, 1920, between the words certificates of deposit and the words shall be signed, the words and the register or stubs in the book from which the certificates are taken both, so that said section as amended shall read: Sec. 18. Certificates of Deposit. No bank shall issue any certificate of deposit except in exchange for lawful money of the United States, or for checks, drafts, or bills of exchange which are the actual equivalent of such money: and all certificates of deposit and the register or stubs in the book from which the certificates are taken both shall be signed by an officer of the bank and counter-signed by another officer or bonded employee thereof. Certificates of deposit; register of stubs. 11. Amendment to article 19 by adding at the end of said article a new section to be known as section 49 to read as follows: Sec. 49. Stock Certificates to be receipted for. All certificates of stock issued by any bank, both at the time of the organization thereof and upon each re-issue thereof, shall be receipted for in ink upon the stub in the stock certificate book from which said certificates are taken, by the person to whom such stock is issued or his duly authorized agent. Stock certificates receipted for. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1922.

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CHILDREN'S CODE; COMMISSION CREATED. No. 300. An Act to create the Georgia Children's Code Commission, and to provide for the appointment of the members of said Commission, and to prescribe the authority of, and duties of, said Code Commission. Section 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 Code Commission be created, to be known as the Georgia Children's Code Commission. Georgia children's code commission created. Sec. 2. Be it further enacted, That it shall be the duty of said Georgia Children's Code Commission to study the existing laws of Georgia which in any way affect child life; to study conditions of child welfare in the State, to study the laws of other States, and to consult authorities in this and other States, and to draft for presentation to the succeeding Legislatures such laws or amendments to the existing laws as will better safeguard the welfare of children in this State. Duties. Sec. 3. Be it further enacted, That said Georgia Children's Code Commission shall consist of ten members, to be appointed by the Governor of the State of Georgia, who shall hold their term of office for five years, and until their successors are appointed, and who shall consist of one Superior Court Judge, one member of the House of Representatives, one State Senator, and a member or representative from each the following organizations: Federation of Women's Clubs, State Council of Social Agencies, State Board of Health, State Board of Public Welfare, State Federation of Labor, State Department of Education, Georgia League of Women Voters. Membership. Sec. 4. The members of said Georgia Children's Code Commission are not to be paid any salary or remuneration whatever by the State of Georgia, nor are they to receive any salary or remuneration from any one whatsoever, for their services. No compensation.

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Sec. 5. Be it further enacted, That said Georgia Children's Code Commission shall make their reports each year to the General Assembly of Georgia. Approved July 26, 1922. CHILDREN; PLACING OUT REGULATED. No. 521. An Act to regulate the placing out of children by persons other than the parents or relatives of such children, prescribing certain records to be kept and conditions to be observed by persons authorized by law to secure homes for children; regulating the bringing with or taking out of the State of children for the purpose of placing out; requiring persons placing children to comply with regulations and secure a license from the Judge of the Superior Court, conferring certain powers upon and prescribing certain duties of the Board of Public Welfare and making appropriation to cover same, and making certain violations of this Act unlawful, and for 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 no person, agency, hospital, maternity home or institution or official, public or private in this State shall receive or accept a child under sixteen years of age, for placement or adoption, or place such a child either temporarily or permanently in a home other than the home of the child's relatives within the second degree, or solicit money in behalf of such agency, unless it has received a license from the Judge of Superior Court of the circuit in which the person or agency has headquarters issued after the passage of this Act in compliance with the provisions set forth herein. Children under sixteen. Placement licenses. Sec. 2. Be it further enacted by the authority aforesaid, That no such license shall be issued unless the person, agency, hospital, institution or official is competent and

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equipped to comply with the provisions of section 4 of this Act. Conditions of receiving license. Sec. 3. Be it further enacted by the authority aforesaid, That applications for child placing license must be filed in duplicate with the Judge of the Superior Court on forms furnished by the State Board of Public Welfare, by all persons, agencies, hospitals, maternity homes, institutions or public or private officials now engaged in child placing on or before January 1, 1923; and by others thereafter who may desire to engage in child placing. It shall be the duty of the Clerk of the Superior Court to furnish a copy of each application for child placing license to the Board of Public Welfare within five days after such application is filed, and no license shall be granted or denied until six months after such copy has been thus transmitted. It shall also be the duty of the Clerk of the Superior Court to furnish the State Board of Public Welfare with a copy of each child placing license granted by the Judge of the Court. Applications. A period of six months time after application for child placing license has been filed shall be allowed by the Judge, during which time applicants may place children under the provisions of this Act. Only one six months period of time shall be granted to an applicant. For the purposes of sections 2, 3, 4 and 5 of this Act, the State Board of Public Welfare shall carefully ascertain the competency and equipment of each applicant for a child placing license and submit its findings to the Judge within six months after the date of each application. Said Board shall make similar inquiries into the child placing work of licensed persons or agencies at least once each year and report its findings to the Superior Court. Public Welfare Board; investigations. Sec. 4. Be it further enacted by the authority aforesaid, That the holder of a license shall: Conditions of holding license. (a) Never place a child in a foster home or boarding home without previously becoming carefully acquainted with (1) the conditions which call for placement of the child,

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making diligent effort to avoid separation from the parents, and afterwards removing the child only when this action is found necessary in order to prevent serious detriment to the welfare of the child; (2) the home in which the child is to be placed, taking every proper precaution to place children only in homes where they will receive the proper care and training; (b) inquire carefully into the care of the child in its new home, at least once during the first two months, twice during the first six months and twice in every year thereafter unless the child is legally adopted, or until the child reaches the age of eighteen years; and remove any child promptly from a home where it is mistreated or neglected; (c) report immediately to the Board of Public Welfare every child received by the agency or institution, or born in the institution, and every child placed, together with such information regarding the child, its family, and the foster home as the Board may require. Such report to be filed within ten days of such receipt, birth or placement. The Board of Public Welfare shall supply the Superior Court with forms for issuing licenses and the child placing licenses with record and report forms to be used as required in this section. Sec. 5. Be it further enacted by the authority aforesaid, That proof of failure to comply with the above regulations shall be grounds for revocation of the license by the Judge, upon ten days written notice to the licensee, and opportunity to answer charges at a formal hearing. Upon the filing of a petition for revocation of license, the Superior Court shall in every instance proceed with notice and hearing on the petition. Revocation. Sec. 6. Be it further enacted by the authority aforesaid, That for the purposes of sections 3, 4 and 5 the Board of Public Welfare may ascertain by visit of its agents or otherwise if necessary, the character of any private home or private boarding home in which children are placed or boarded, either temporarily or permanently by any person or agency. Whenever the Board shall find that a child has been placed in an improper home the agency placing the

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child shall be notified by the State Board of Public Welfare and if the child is not removed within a reasonable time, the Board shall institute proceedings before the proper court for its removal and placement in a proper home. Improper placement. Sec. 7. Be it further enacted by the authority aforesaid, That no person as an inducement to a woman to go to any maternity hospital or home during confinement, shall in any way offer to dispose of any child or advertise that he will give children for adoption or hold himself out as being able to dispose of children in any manner or permit any child to be left or abandoned in such maternity home, hospital or private home by its mother or any other person unless such hospital or home is duly licensed to place children under this Act. Offers to dispose of unborn children, etc. Sec. 8. Be it further enacted by the authority aforesaid, That no child placed by an agency under this Act shall be legally adopted into its foster home until he has lived six months in said foster home, nor thereafter without written permission of the person or agency responsible for the placement. Legal adoption. Sec. 9. Be it further enacted by the authority aforesaid, That no person shall bring or send into the State any child for the purpose of placing him out or procuring his adoption, without first filing notice with the State Board of Public Welfare. He shall file with the Board a bond to the State for each child, approved by the Board, in the penal sum of one thousand dollars, conditioned that he will not send or bring into the State any child who is incorrigible or unsound of mind or body; that he will remove any such child who becomes a public charge or who, in the opinion of the Board of Public Welfare, becomes a menace to the community prior to his adoption or becoming of legal age; that the person with whom the child is placed shall be responsible for his proper care and training. Before any child shall be brought or sent into the State for the purpose of placing him in a foster home, the person so bringing or sending such child shall first notify the State Board of Public Welfare,

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of his intention, and shall obtain from the Board a certificate stating that such home is, in the opinion of the Board, a suitable home for the child. Such notification shall state the name, age and personal description of the child, and the name and address of the person with whom the child is to be placed, and such other information as may be required by the Board. The person bringing or sending the child into the State shall report at least once each year, and such other times as the Board of Public Welfare shall direct, as to the location and well-being of the child so long as he shall remain within the State and until he shall have reached the age of eighteen or shall have been legally adopted. Children brought into State for placement. Bond, notification, reports. Sec. 10. Be it further enacted by the authority aforesaid, That no officer or authorized agent of the State Board of Public Welfare, or any of its agents, or a holder of a child placing license, or any other person, shall directly or indirectly disclose the contents of the records herein provided for, or the particulars entered therein, of facts learned about such homes, or the inmates thereof, except upon inquiry before a court of law, at a coroner's inquest or before some other tribunal, or for information of the State Board of Public Welfare. Provided, however, that nothing herein shall prohibit the holder of the license or the Board of Public Welfare disclosing such facts to such proper persons as may be in the interest of any child. Disclosure of investigated facts. Sec. 11. Be it further enacted by the authority aforesaid, That any person who shall violate any of the provisions of this Act, or who shall make any false statements or reports to the Board of Public Welfare with reference to the matters contained herein, and any parent or guardian or person receiving a child who shall give a false name or address to the Board of Public Welfare, or any agency licensed under this Act, shall, upon conviction, be guilty of a misdemeanor. Violation of this Act. Sec. 12. The Judge shall direct the Clerk to enter all orders and proceedings under this Act on the minutes of the Superior Court and the Clerk shall be paid such fees as

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Clerks are allowed for similar services to be paid out of the appropriation for the Department of Public Welfare upon the certificate of the Judge. Orders and proceedings. Sec. 13. If for any reason the Judge of the circuit is disqualified the duties imposed by this Act may be discharged by any qualified Judge of the Superior Court who shall order the proceedings entered on the minutes of the Superior Court of the proper county. Disqualification of judge. Sec. 14. If any section, clause or sentence of this Act is declared invalid the remainder of the Act shall be valid notwithstanding. Invalid sections of this Act. Sec. 15. All Acts and parts of Acts in conflict herewith are hereby repealed. Approved August 19, 1922. COMMERCE AND LABOR DEPARTMENT; WORKMEN'S COMPENSATION ACT AMENDED. No. 513. An Act to amend an Act, known as the Georgia Workmen's Compensation Act, approved August 17, 1920, by striking out section 51 and substituting therefor an entirely new section so as to provide a salary for the Commission of Commerce and Labor, acting as ex-officio chairman; of the two commissioners appointed by the Governor; of the Secretary-Treasurer; to provide for clerical and other assistants; to provide for traveling and other expenses, and by striking out section 76 and substituting therefor an entirely new section, providing that the entire cost of the operation of the Act be placed upon the insurance carriers and employers paying compensation direct, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, that section 51 of the Act known as Georgia Workmen's Compensation Act be amended by striking out all of said section and substituting therefor an entirely new section as follows: Act of 1920 amended. Section 51. Be it further enacted, That (a), the Commissioner of Commerce and Labor, as ex-officio chairman of said Industrial Commission, shall receive the sum of twelve hundred ($1,200.00) dollars per annum; and the salary of each member of the commission appointed by the Governor shall be four thousand ($4,000.00) dollars per annum; the commission may appoint a secretary-treasurer and shall fix his salary, who shall give bond in the 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 that may be deemed necessary, and fix the salaries of all persons so employed; (c) Members of this Commission and its assistants shall be entitled to receive the actual necessary expenses while traveling on the business of the Commission, but the expenses shall be sworn to by such person, incurring the same and shall be approved by the chairman before payment is made; (d) All of the salaries of the Commission, including the Commissioner of Commerce and Labor as ex-officio chairman, and expenses shall be audited and paid out of the funds in the hands of the secretary-treasurer, according to rules and regulations precribed by the Commission. Section 51 read. Industrial commission; salaries. Section 2. Be it further enacted, That section 76 be stricken and an entirely new section substituted therefor as follows: Section 76. Be it further enacted, That the total expenses of the Commission shall be prorated among the insurance companies writing compensation insurance in this State and the employers permitted by the Commission to pay compensation direct, hereinafter referred to as self-insurers; on the basis, in the case of the insurance companies, of the gross earned premium; in the case of self-insurers,

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on the basis of the amount of premium which such self-insurer would have to pay in the event the self-insurer had insured his liability in a casualty company writing this class of business in Georgia. Prorated advances based on the experience of the previous year, shall be made on each January first and July first by the insurance carriers, and self-insurers on a budget furnished by the Commission, the said advances for the preceding year to be adjusted as soon after January first of each year as complete reports have been received by the Commission. Sworn reports of the compensation premium writings of the insurance carriers and sworn payroll statements of the self-insurers for the preceding year, ending December 31st, must be filed with the Industrial Commission not later than March 1st, of each year. The books of the Commission shall be audited annually and copy of such audit shall be furnished all parties among whom the expenses of the Commission are prorated. All moneys assessed against and that may be payable under this Act by the insurance companies writing compensation insurance in this State and the employers permitted by the Commission to pay compensation direct, shall be by the same paid into the State treasury of Georgia, and by it held as a special fund subject to the charge of salaries, expenses, etc., as provided in this Act, to be paid out by the State treasury only upon warrant signed by the Governor and countersigned by the Comptroller General. Section 76 read. Prorating of commission expenses. Reports. Audits. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 19, 1922. CONFEDERATE SOLDIERS' HOME; EX-OFFICIO TRUSTEES. No. 511. An Act to amend the several Acts for the creation, maintenance,

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management and government of the Confederate Soldiers' Home of Georgia so as to provide that the State President of the Daughters of the Confederacy and the President of each Atlanta Chapter of the Daughters of the Confederacy and two women who are members of the Georgia Division of the Daughters of the Confederacy to be selected from the State at large, and the Chairman of the Soldiers' Home Committee of the Georgia Division of the Daughters of the Confederacy be made ex-officio members of the Board of Trustees of the Confederate Soldiers' Home; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act for the creation, maintenance, management and government of the Confederate Soldiers' Home of Georgia, providing for the board of trustees of said Home, as now contained in section 1515 of the Criminal Code of 1910 of this State be and the same is hereby amended by adding between the words years and whose in the fifth line thereof the following: and the State President of the Daughters of the Confederacy and the President of each Atlanta Chapter of the Daughters of the Confederacy and two women who are members of the Georgia Division of the Daughters of the Confederacy to be selected from the State at large and the Chairman of the Soldiers' Home Committee of the Georgia Division of the Daughters of the Confederacy who shall be ex-officio a member of the Board of Trustees of said Home and who shall serve also without compensation so that said section when so amended shall read as follows: P. C. Sec. 1515 amended. For the Confederate Soldiers' Home of Georgia, an institution for the benefit of ex-Confederate soldiers located near the City of Atlanta, there shall be a Board of Trustees appointed by the Governor, consisting of fifteen members, one from each Congressional district who shall serve without compensation for the term of five years and the State President of the Daughters of the Confederacy and the President of each Atlanta Chapter of the Daughters of the

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Confederacy and two women who are members of the Georgia Division of the Daughters of the Confederacy to be selected from the State at large and the Chairman of the Soldiers' Home Committee of the Georgia Division of the Daughters of the Confederacy who shall be ex-officio members of the Board of Trustees of said Home, and who shall serve also without compensation, whose duty it shall be to have charge of said institution and provide all necessary rules and regulations for the government thereof and for the admission therein, to exercise all other powers incident to the same not conflicting with the law; to appoint a superintendent thereof at a salary not to exceed one thousand dollars per annum, treasurer, steward, and such other assistants or employees as may be necessary to the efficient administration of the institution; prescribe their duties, fix their compensation and remove said incumbent from office when, from any cause, the good of the institution may require it, to hold in trust for said institution any devise or bequest of property of any kind, or money for its general use or any particular use designated; to visit the institution as often as may be necessary, and on the first day of October of each year to make to the Governor to be by him laid before the General Assembly a complete report of the condition of the same in all its departments. The trustees shall present to the Governor, at least ten days before the annual meeting of the General Assembly, an exact estimate of the amount of money required for the support of the Home for the succeeding year. To be read. Ex-officio trustees from Daughters of the Confederacy. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 19, 1922. COUNTY EDUCATIONAL TAXES, AND OFFICERS. No. 516. An Act to confer upon the several counties of this State the

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authority to levy taxes for educational purposes, to provide for the employment and pay of county agents and home demonstration agents, to provide for the employment and payment of agricultural teachers and home economics teachers in the vocational high schools of the State, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That power is hereby delegated to, and conferred upon the several counties of this State to levy and collect taxes for educational purposes in such amounts as the county authorities shall determine, the same to be appropriated to the use of the County Board of Education, and the educational work directed by them. Power to collect taxes. Sec. 2. Be it further enacted, That the Boards of Education of the several counties of this State may employ and pay county agents and home demonstration agents to carry on the extension work in agriculture and home economics under the provisions of the Acts of Congress, approved May 8th, 1914 (Barnes Federal Code 8413-8414-8518) the State's acceptance of the same approved August 14, 1914. Also may employ and pay agricultural teachers and home economics teachers when employed in the consolidated schools of the counties under provisions of the Vocational Educational Act of Congress of February 23rd, 1917, and Acts of Georgia approved August 21st, 1917. Agriculture and home economics; extension work agents. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1922. COUNTY MANAGER; UNIFORM GOVERNMENT. No. 552. An Act to provide a uniform County Commissioners' law

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for such counties as may require a commission form of county government composed of a Board of County Commissioners of Roads and Revenue with a County Manager as the chief executive officer thereof, to be known as the County Manager Form of County Government, and designed to promote efficiency and economy, and to make the county government of such counties the more nearly conform to the American principles of government by, as far as possible, separating the executive powers from the legislative and judicial powers of government, said law to be of uniform operation in and equally applicable to all the counties requiring such form of county government; to fix the number of commissioners necessary to compose such board, their terms of office and the manner of their election and of filling vacancies, and to provide for their compensation; to provide for a County Manager, and the measure of his appointment and discharge; to define his powers and duties and to provide for his compensation; to provide the manner of putting this Act in force in any county and the manner of suspending the operation thereof in any 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 for the purpose of this Act the word Board shall mean Board of County Commissioners of Roads and Revenue, unless otherwise required by the context. Board to mean Board of Commissioners. Sec. 2. Be it further enacted, That a uniform system of county government by county commissioners to be known as the County Manager Form of County Government, be and the same is hereby created and provided for all the counties in this State, which may require a County Manager Form of County Government, to be governed by the general law hereby enacted which shall be of uniform operation in and equally applicable to all such counties. County manager government created. Sec. 3. Be it further enacted, That the County Manager Form of County Government hereby created and provided

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shall consist of a Board of County Commissioners of Roads and Revenues composed of five members, with a County Manager as the chief executive officer thereof; but such manager shall not be a member of such board. A majority of the board shall consttute a quorum for the transaction of all business and a majority of the board must concur in order to pass an order, or let any contract, or grant or allow any claim against the county, and their acts on all such matters shall be duly entered on the minutes of the board. Governing body; Board and Manager. Sec. 4. Be it further enacted, That the Board of County Commissioners of Roads and Revenues hereby created, shall have exclusive jurisdiction over and control of all county matters, such as public roads, bridges, the working of convicts, private roads, county finances, the levying and collection of taxes for county purposes, the management, control over and disbursing of county funds, the erection, repair, and maintenance of public buildings, the supervision over and control of, and exclusive jurisdiction over and in all matters wherein jurisdiction is now vested in the ordinaries of this State in counties in which there is no board of county commissioners of roads and revenues. That the board shall be vested with all the rights, powers and authority formerly vested in the inferior courts of this State prior to the Constitution of 1868 when sitting for county purposes, except calling elections, which shall be by the ordinary, and matters pertaining to education, health and such other matters as have been by general law vested by the Legislature in other officers or tribunals, or as herein limited, extended, amplified or modified. Said Board shall constitute a court for the trial of road defaulters and of any and all matters pertaining to county matters formerly vested in the inferior courts of this State, or now vested in the ordinaries of this State in counties in which there are no boards of commissioners of roads and revenues, when sitting for county purposes; shall have the right and power to issue all necessary writs and summon parties or witnesses before them, and shall have the power to punish for contempt by fine or imprisonment in the same manner as the courts of ordinary

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of this State; that the sheriff of the county; or his deputy, may be required to attend upon the meetings of the board, and shall serve all writs, subp[UNK]nas, and other processes of such court, and the sheriff shall receive for such services such compensation as is provided by law for like service in the superior court. Jurisdiction and powers. Sec. 5. Be it further enacted, That the board shall exercise such powers as may be construed as legislative or judicial only when sitting in regular or special session with a quorum of the board present. Conduct of business. Sec. 6. Be it further enacted, That the board shall exercise such powers as may be construed as executive only by or through the county manager or other duly appointed officers or agents. Exercise of powers. Sec. 7. Be it further enacted, That the board shall hold their regular sessions once every month on a regular day set by the board in the court house of the county, and may adjourn from day to day until their business is finished; and extra sessions may be held at any time on the call of the chairman or of any three members of the board when in the judgment of the board the interests of the county demand it. At the first meeting in January following the general election at which new members of the board shall have been elected, the board shall organize the new board by electing one of their members chairman. They shall also elect one of their number vice-chairman. Sessions Chairman and vice-chairman. Sec. 8. Be it further enacted, That the board shall keep a full and correct minutes of all its official acts and doings in a minute book kept for such purposes, a book of receipts and disbursements, a general ledger, a warrant book, a book containing a complete list of all the county property, real and personal, and shall make a record therein of all sales or other disposition of the same; also a road register in which shall be kept a record of all public roads and also of all private roads granted or ordered kept open by the board, particularly describing such roads, and shall make a record of all new roads which shall be hereafter granted, or ordered

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kept open in accordance with law. The board shall also keep on file all paid warrants and vouchers and other papers necessary to show a complete record of all transactions of the county. Records, etc. Sec. 9. Be it further enacted, That the county manager shall be ex-officio clerk of the board, but the board may elect a deputy clerk if they deem it advisable. The clerk shall keep the books of the board and make a record of all the acts and doings of the board in a minute book kept for such purpose, and also keep all other records and accounts of the board and perform such other acts and duties as may be required by the board not inconsistent with the provisions of this Act or the laws of this State. Ex-officio clerk. Sec. 10. Be it further enacted, That the board and county manager, jointly, shall publish semi-annual reports within fifteen days after the first day of January and July of each year once each in the official gazette of the county, and also in a daily paper, if there be one published in the county, containing a full and complete statement of the finances of the county during the preceding half year, and showing all receipts and from what sources derived, and all disbursements and for what purposes paid out, and such reports shall not be mere ledger balances, but shall be in such manner and form as to show plainly the revenues of the county, as well as the cost of the county government in every branch. Provided, That a failure to conform to the provisions of this section by such officers shall constitute a misdemeanor punishable under the provisions of section 1065 of the Penal Code of 1910. Reports. Penalty. Sec. 11. Be it further enacted, That the board shall make a full and complete written statement of the financial condition of the county to the grand jury of the county at the spring and fall terms of the Superior Court of the county, a copy of which report shall be kept in file in the office of the board. Their office and records shall be subject to examination of the grand jury, their committee, or any person whom they may specifically empower to report to the same

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or a succeeding grand jury, who shall submit in writing a report of the condition of such office and the books and files thereof, and specify any neglect of duty or anything wrong done by the board or any member, officer or employer thereof. The grand jury shall have an audit made, once each year, of all the books, accounts, files and records of the board, such examination to be made by a certified public accountant who shall be employed by the grand jury or the foreman thereof under the authority of the grand jury, which shall fix his compensation and the term of his employment. Financial statement. Sec. 12. Be it further enacted, That all warrants drawn on the county, shall be drawn and signed by the county manager and countersigned by the chairman or vice-chairman of the board before being paid by the treasurer or depository of the county. All amounts shall be numbered and shall show for what and on what fund drawn, and the paid originals and the book of stubs carefully preserved and kept on file in the office of the board. The chairman and vice-chairman of the board and the county manager shall each give a bond in such sum as the board may prescribe in a good and solvent fidelity and guaranty company payable to the county conditioned for the faithful discharge of the duties of his office. The amount of such bonds and the securities thereon shall be first approved by the ordinary of the county and then filed and recorded by the ordinary as the bonds of other county officers. Certified copies of such bonds shall be kept on file in the office of the board. Disbursements. Sec. 13. Be it further enacted, That the board shall in regular session or special session called for such purpose, make general plans, specifications and requirements prescribing the manner and style in which the public roads of the county shall be constructed and repaired, and such plans, specifications or requirements shall not be modified or changed except on the action of the board in like manner as the same were adopted. The board shall furnish the county manager and the county superintendent of roads each with a copy of such plans, specifications and requirements, and

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require the public roads of the county to be built and repaired in accordance therewith; provided, however that the provisions of this section shall not apply to roads under the supervision of the State Highway Department. Roads; construction plans. Sec. 14. Be it further enacted, That the county manager shall be a man of good moral character at least twenty-five years old and with practical experience in matters of business and finance and in the management of labor. He shall be approved by the board for a term of two years from the first day of January immediately suceeding a general election for members of the board, and all vacancies shall be filled only for the unexpired term. The board shall have power to discharge the county manager at any time for cause of which they shall be exclusive judges, but shall do so by appropriate resolution setting out such cause which shall be entered upon the minutes of the board. The county manager shall not be the county superintendent of roads (or county warden) except in counties having less than ten thousand population according to the last United States decennial census in which counties the board may combine the office of the county manager with that of county superintendent of roads (or county warden) if they deem it advisable. County Manager. Eligibility. Appointment and term. Removal. Sec. 15. Be it further enacted, That the county manager shall have charge of all the business matters of the county and shall have supervision of the work of the county in the building and repair of roads, bridges, buildings, or of any other work of the county, under the general supervision of the board, subject to the provisions of section 13 of this Act. He shall, with the advice and consent of the board appoint the county warden, or superintendent of roads, and all other officers and laborers of the county engaged in the construction and repair of roads, bridges, buildings, or other work of the county over which the board has jurisdiction, and shall have supervision over all such officers and laborers, and shall have power to discharge such officers or laborers at any time for cause, with the right of appeal by such officers to the board. He shall be the chief purchasing and

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selling agent of the county for all animals, machinery, implements, materials and supplies of all kinds used in the construction or repair of buildings, roads, bridges and for the use of convicts, but all purchases and sales by him shall be subject to the ratification of the board. He shall do every act or thing necessary. or proper in the discharge of his duties as county manager, subject to the general supervision of the board, the board shall check up all the accounts, acts and doing of the county at least once every month. Duties of manager. Sec. 16. Be it further enacted, That the county superintendent of roads (who shall also be the convict warden of the county), shall have charge of the construction and maintenance of all the roads and bridges of the county, under the supervision of the county manager. He shall be a practical road builder, skilled in the building and repair of roads and bridges, and especially in the grading and repairing of roads under the soil and climate conditions existing in the county. He shall devote his entire time to the duties of his office and shall not engage actively in any other line of business which will interfere with the duties of his office; provided, however that the provisions of this section shall not apply to roads under the supervision of the State Highway Department. Superintendent of roads. Sec. 17. Be it further enacted, That the board shall have the right and authority to employ a county attorney when necessary, also to employ special council to represent the county in matters where, in their opinion, the same may be necessary or advisable to protect the interests of the county. Attorney. Sec. 18. Be it further enacted, That the board shall fix the salaries and compensation of all its officers and employees (except its chairman and vice-chairman), which shall be paid out of the county funds as provided by law. Salaries. Sec 19. Be it further enacted, That the salary or compensation of the members of the board shall be fixed by the recommendation of the grand jury of the county once every two years at the session of the Superior Court next preceding

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the general election at which members of the board are elected, and such compensation shall be paid from the county treasury in monthly installments on warrants drawn on the treasurer or depository of the county, as in the case of other claims against the county, and they shall receive no other compensation of any kind whatsoever, but the grand jury may fix the compensation of the chairman and vice-chairman of the board different from that of the other members of the board. Should no action be taken by the grand jury at such term of the court, the compensation for such officers shall remain as fixed by the grand jury for the past two years. Compensation of board. Sec. 20. Be it further enacted, That no person shall be eligible to be a member of a board of commissioners of roads and revenues under the provisions of this Act who is not at least twenty-five years old and shall have been a citizen of the county for two whole years next preceeding his election and is also a freeholder of the county, and shall be of good moral character and experience in matters of business and finance. No member of such board shall be eligible to hold and other county office while a member of such board. Commissioners; eligibility. Sec. 21. Be it further enacted, That the term of office of members of the board shall be four years and until their successors are elected and qualified. The terms of office of three members of the board shall expire at one time and the terms of office of the other two members of the board shall expire two years thereafter, so that the terms of office of all the members of a board expire as hereinbefore provided, as the first election held under the provisions of this Act, three members of such board shall be elected for a term of two years and two members of the board shall be elected for a term of four years, and the members so elected shall determine by lot which of said members shall hold for a term of two years and which for a term of four years. The board of county commissioners of any county in this State in office under the local Act of force in such county at the time

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this Act is put into effect in such county, shall have until the expiration of their terms of office and until their successors shall be elected and qualified under the provisions of this Act, and their successors shall be elected at the general election next preceding the expiration of their term of office and shall be elected for such term as will make the terms of office of the members of such boards expire in the manner hereinbefore provided. As many commissioners as may be necessary to make such board of Commissioners for such county have five members, shall be elected at the next general election after the adoption of this Act by such county. Terms of office. Sec. 22. Be it further enacted, That all vacancies in the membership of the board of commissioners occurring in less than one year of the expiration of such term of office shall be filled by appointment of a duly qualified person by the ordinary of the county, and such appointee shall be commissioned and hold office until his successor is elected and qualified; and that all vacancies occurring in the membership of the board more than one year prior to the expiration of the term of office shall be filled by a special election called by the ordinary of the county in the same manner as in the case to fill vacancies in other county offices, and the person so elected shall be commissioned and hold office until the expiration of said unexpired term and until his successor is elected and qualified. The expense of any such special election shall be paid out of the general funds of the county. Vacancies. Sec. 23. Be it further enacted, That the commissioners elected or appointed under the provisions of this Act shall each be commissioned by the Governor for the term of office for which he shall be elected or appointed, as the case may be, and each shall, before entering upon the duties of his office, take and subscribe, in addition to the oath provided by law for all civil officers of this State, the following oath, to-wit, I do solemnly swear that I will well and truly discharge the duties of commissioner of roads and revenues for..... county, in all matters which require my official action, to the best of my knowledge and skill, and I will so act as in my judgment will be most conducive to the

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welfare and best interests of the entire county, so help me God. Oath of office. Sec. 24. Be it further enacted, That this Act shall be a general law to provide a uniform county commissioner's law for all such counties in this State as may require a commission form of county government composed of a board of county commissioners of roads and revenues for such county with a county manager as the chief executive officer thereof, to be known as the County Manager Form of Government, and shall not prevent any county in this State from having a county commissioners form of county government by local Act as now provided by law, provided such local Act shall not provide a county manager form of government for such county; and this Act shall not go into effect in any county of this State except upon a majority vote of the qualified voters of the county, and the operation of this Act in any county adopting the same shall be suspended and terminated in like manner upon a majority vote of the qualified voters of the county, and upon the suspension of the operation of this Act in any county, the local Act of force in such county shall automatically be revived and shall have full force and effect in such county as if its operation had not been suspended in such county by the adoption of this Act by such county; provided, however, that the members of the board of commissioners of such county in office under the provisions of this Act at the time of the suspension of the operation of this Act in such county, shall hold office and act as the commissioners of such county under the provisions of such local Act of such county until the expiration of their respective terms of office under the provisions of this Act, and until their successor shall be elected and qualified under the provisions of such Act for such county; provided, further, that the operation of this Act in any county of this State shall not be suspended and terminated by any election held within two full years after this Act shall be put into effect in such county. If the ordinary of the county shall be in charge of the affairs of such county at the time of the adoption of this Act in such county, the ordinary shall

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take charge of the affairs of such county upon the supervision of the operation of this Act in such county as now provided by law for counties having no county commissioners. Uniform county manager form of government provided. Operation of this Act. Sec. 25. Be it further enacted, That a commission form of county government composed of a board of commissioners of roads and revenues with a county manager as the chief executive officer thereof, shall be established in any county in this State requiring such form of county government and the same shall be abolished in any county in the following manner, to-wit: Establishment of county manager government. When a petition signed by one-fifth of the qualified voters of any county shall be filed with the ordinary of the county, requesting that an election be called for the purpose of submitting to the qualified voters of the county the question whether a county manager form of government composed of a board of commissioners of roads and revenues with a county manager as the chief executive officer thereof, shall be established or abolished in such county, the ordinary shall call an election to be held within not less than thirty days nor more than sixty days after the filing of such petition. In all elections submitting the question whether the county manager form of commissioners' government shall be established or abolished in a county, those voting for the establishment of such form of government for such county or to retain such form of government for such county, shall have written or printed on their mallots the words For County Commissioners with a County Manager for..... county, naming the county and those voting against the establishment of such form of government, or to abolish such form of government for such county, shall have written or printed on their ballots the words Against County Commissioners with a County Manager for..... county, naming the county. The election shall be held in the manner prescribed by the laws of this State for the holding of elections for the election of members of the General Assembly of this State, and the returns from the several voting precincts of the county, consolidated as provided by law in the case of such elections. The returns of the board of

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consolidation shall be reduced to writing and signed by a majority of the members of such board and filed in the office of the ordinary of the county, and the ordinary shall record the same upon the minutes of the Court of Ordinary of the county. A certified copy thereof from the office of the Court of Ordinary shall be admissible as evidence of the returns of such board of consolidation in any court or other tribunal of this State. The expense incident to the holding of such election shall be paid out of the general funds of the county. Initiative petition. Election. Ballots. Sec. 26. Be it further enacted, That this bill shall go into force and effect January 1st, 1923. Effective January 1. 1923. Sec. 27. 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 21, 1922. COURT COSTS IN CERTAIN COUNTIES. NO. 373. An Act to amend an Act, approved August 15, 1921, entitled An Act to amend An Act to provide for payment by counties in this State having a population, according to the Census of 1900, of not less than 24,890, nor more than 24,995, and in counties having a population of not less than 22,625, nor more than 22,675, of actual cost incurred in Superior and City Courts for the trial and conviction of misdemeanor convicts worked by said county, upon public roads of same, as approved August 13, 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 of this Act, that an Act entitled, An Act to amend an Act, to provide for the payment by counties in this State having a population,

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according to the Census of 1900, of not less than 24,890, nor more than 24,995, and in counties having a population of not less than 22,625, nor more than 22,675, of actual cost incurred in Superior and City Courts for trial and conviction of misdemeanor convicts worked by said counties upon public roads of same, as approved August 15, 1921, be, and the same is hereby amended by adding at the end of Section one the following words: Provided further that the terms and provisions of this Act shall apply and control in all counties in this State having, according to the United States Census of 1920, a population of not less than 16,360, nor more than 16,370, so that when amended, said amended section will read: Act of 1921 amended. 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, in all counties in the State having, according to the United States Census for 1900, a population of not less than 24,890, nor more than 22,625, nor more than 22,675 and which said counties operate, and maintain a chain-gang for work upon the public roads of same, the county commissioners or other county officers having charge of the fiscal affairs of said county, shall, upon receipt of misdemeanor convicts which have been convicted in Superior or City Courts of said county pay to the officers of said Court out of the county treasury as compensation for services rendered in trial and conviction of said convicts so delivered, their legal fees and costs as fixed by law, in said cases only. The costs and fees of Justices of the Peace and Constables in said case shall also be paid by said authority: Provided further that the terms and provisions of this Act shall also apply to and control in all counties in this State having according to the United States Census for 1920, a population of not less than 23,550, nor more than 23,560, of not less than 14,325, nor more than 14,335, nor less than 9,980, nor more than 9,990; Provided further that the terms and provisions of this Act shall apply and control in all counties in this State having

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according to United States Census for 1920, a population of not less than 16,360, nor more than 16,370. Section 1 read. Applicable in what counties. 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, 1922. COURT PROCEDURE IN CERTAIN CASES. NO. 488. An Act to provide for further regulations with regard to the practice and procedure in the several courts of this State and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That whenever it shall be made to appear to the judge of any court in this State that any party to a cause pending in such court shall have, after the said cause was commenced, instituted proceedings or a suit in any court of any other State involving the same controversy or cause of action, or in which the judgment which might be rendered by the court of said foreign State might be pleadable in the case in this State as effecting the relief sought in the case in this State, it shall thereupon be the duty of the judge of the court in this State in which the case is pending to set the said case specially and ahead of all other business for trial as the first case at the next ensuing term of said court, except other cases having precedence for the same cause. Cases involved in suits in other states. Sec. 2. Be it further enacted, That no case so assigned for trial shall be continued or postponed for any cause whatsoever at the instance of the party thereto who has instituted such case or proceedings in the foreign State, for more than thirty days. Said case may be checked or postponed from day to day for good cause for not exceeding thirty

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days at the instance of said party, but after being postponed for said thirty days it shall not be further postponed at his instance. If said term of court ends within said thirty days and the case is not postponed beyond said term it shall stand for trial as the first case at the next regular adjourned term. This section shall not be applied so as to set any case for trial before the trial term of said case. Checking and postponement. Sec. 3. Be it further enacted that all laws, or parts of laws, in conflict with this Act are hereby repealed. Approved August 16, 1922. ELECTIONS; RULES AND REGULATIONS. NO. 530. An Act to provide for a secret and private ballot, at all elections held in this State; to make it the duty of certain officials to provide rooms, booths or enclosures, at certain polling places, and to protect the secrecy and purity of the ballot; to provide for the furnishing of official ballots for all elections, general and primary; to provide regulations for the conduct of all elections, imposing certain duties upon the managers and clerks; to make provision for the assistance of disabled and illiterate voters; to provide penalties for the violation of this Act by voters, electors, managers, clerks or other officials; to make it unlawful for any election official to solicit votes, or to prepare any ballot different from instructions given by the voter, or to give out information concerning elections while the election is in progress; to make provisions preventing any publisher, printer or other person engaged to print ballots from furnishing any likeness or form thereof to any person other than as provided in this Act, and to provide penalties for violation of the same; to provide compensation for the officials charged with the duty of carrying this Act into effect, and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. That from and after January 1st, 1924, whenever any election, whether general, special or primary, State, County, Municipal, City, Town or Village, or any election to determine any matter or question which is or may be refused to the vote of the people of the State, of a county or of a city, town or village or any election of any kind or character is to be held it shall be the duty of the Ordinary of each county at the expense of the county, or in a case of a purely municipal election, at the expense of the municipality, to provide at each polling place, a private room or rooms, a booth or booths, or an enclosure or enclosures, with such compartments therein as may be necessary to acommodate the persons qualified to vote at such polling places and shall furnish each compartment with a shelf or table for the convenience of the electors, in the preparation of their ballots, each booth or compartment shall be so arranged that it will be impossible for one elector at a shelf or table in one compartment, or any one else, to see an elector, at a shelf or table in another compartment in the act of marking his ballot. Each voting shelf or table shall be kept supplied with conveniences for marking the ballots. No person or persons, other than the voter himself while occupying the booth or while in the immediate act of voting shall come within ten feet of said booth or booths while said polls are open. This section shall not apply to any of the officers in charge of holding said election. Booths. Sec. 2. In all primary elections, it shall be the duty of the county, or city executive committee, or other party authority of the political party holding the primary election, to provide offcial 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 upon said ballots in alphabetical order as 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

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removed, separately. Each ballot shall have attached at the top thereof a sheet, 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 or letter shall be printed on the ballots used at the various polling places, so that the ballots at no two polling places, in the same county, shall bear the same designation, and so that all 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 manager may examine and compare the number and designation on the sheet bearing the name of the particular voter without exposing, inspecting or disclosing the face of the ballot itself. Primary elections; ballots. On the ballot shall be printed such words as will enable the voter to express his choice, such as Vote for one, Vote for two, and the like; and the voter or elector 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 members of such party any matter or question to be voted upon. 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 or question. All candidates for nomination for State and county offices including members of the General Assembly, in primary elections which are called and held by any political party shall qualify as such candidates in accordance with the rules of the party calling the primary, not later than thirty days previous to the holding of such primary, and the committee or other party authority of such party shall not fix any other or different time limit for qualification; provided, however, that this provision shall not apply to special primary elections to fill vacancies. Qualification of candidates.

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Sec. 3. In all elections other than primary elections held under the auspices of a political party, it shall be the duty of the Ordinary to provide and furnish at the expense of the county, and in case of purely municipal elections, at the expense of the municipality, official ballots for all such elections printed thereon, in separate columns, the names of the candidates of each political party, designating the names of the political party to which they belong, and also the names of any other candidates for the offices to be filled at said election; and in case of election for President and Vice-President of the United States, the names of the candidates for such offices, may be added with the electors and party designation; provided, however, it shall not be the duty of said officers to place the names of any candidates on said official ballots, unless notice of their candidacy shall be given, in the following manner, to-wit: All candidates for National and State offices, or the proper authorities of the political party nominating them, shall file notice of their candidacy, giving their names and the offices for which they are candidates, with the Secretary of State, at least thirty days prior to the regular election, except in cases where a second primary elecion is necessary the names of such candidates shall be filed with the Secretary of State just as soon as possible after the determination of the result of said second primary. All candidates for district and county offices, either by themselves, or by the proper authorities of the party nominating them, shall file notice of their candidacy with the Ordinary of the county at least fifteen days before the regular election, and all candidates for municipal offices shall file notice of their candidacy, by themselves, or by the proper authorities of the party nominating them, with the Mayor or other chief executive officer, of the municipality, at least fifteen days before the regular election. In the event of the resignation or death of any nominee, of any political party prior to the regular election, at which the name of said nominee is to appear on the official ballot, said vacancy in nomination shall be filed in such manner as may be determined by the proper authorities of such party. Elections; ballots.

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Said officers shall also have printed on said ballots such necessary language for the voters to express their desires as to any question or matter which is or may be submitted to the people at any such election. In all other particulars said ballots are to be arranged, printed, and prepared, for regular elections, as provided in section 2 of this Act. Sec. 4. Only one voter shall be allowed in a compartment of a room or booth or enclosure, at a time and immediately upon entering the booth or compartment, the voter must procure a balot from the managers, immediately prepare, vote the same and retire. It shall be the duty of the managers before handing a ballot to the voter to ascertain that he is duly registered and qualified under the law to cast a vote, then write the name of the voter on the sheet of the ticket or ballot, and after the voter has prepared the ballot and before depositing the same in the ballot box, it shall be the duty of the manager to see that the ticket attempted to be voted by the voter bears the same letter or designation and the same number as the sheet on which appears the name of the identical voter, and it shall be unlawful for any manager or clerk to receive or count any ticket or ballot, except in conformity with these regulations, and any voter attempting to vote any other ticket or ballot, knowingly or wilfully, shall lose his vote for the election in which he offers to vote. If a ticket be spoiled by a voter it shall be the duty of the managers before delivering another ticket or ballot to the voter, to get from the voter the ticket or ballot so spoiled. Any voter applying to vote who shall state under oath in writing to any of the managers, which said oath may be administered by any of the managers, that by reason of his inability to read the English language, or by reason of blindness or the loss of the use of his hands or other physical infirmity, he is unable to prepare his ballot, may have the assistance of any two managers jointly and not separately, in the preparation of his ballot. No voter, shall at any time, take or remove any ticket or ballot from the booth or compartment. The managers shall preserve these

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written oaths or affidavits, and return them with the other election papers to the proper officials. Voting. Sec. 5. The officers or party authorities furnishing to the election managers the ballots provided for in sections 2 and 3 of this Act shall provide at least twenty-five per cent. more ballots at each polling place than there are qualified voters registered at said polling place, and shall also furnish all other election supplies required by law, such as blanks for lists of voters, tally sheets, etc., at the expense of the county, municipality, or political party, according as to whether the same be a regular State or county election, municipal election or primary election, and it shall be unlawful for any election official or party authorized to deliver any ballot or ticket to any person other than a duly appointed manager or clerk of the election and it shall be unlawful for any manager or clerk or other election official, to deliver any ballot or ticket to any person other than a qualified voter or elector, and not to him, until he applies for one at the proper voting place for the purpose of voting the same. Election Sec. 6. No printer, publisher or other person engaged by the officials herein designated to provide and furnish ballots, in case of a regular election, or by the authorities of any political party, in case of primary elections to print or prepare election ballots, shall deliver or furnish a ballot or ballots, or any likeness of the same, to any person other than said officials or said party authorities, or on their written order; and no person engaged by such printer or publisher or other person to aid or assist in the printing or preparation of said ballots shall retain or deliver or furnish a ballot or ballots of the likeness or form of the same to any person other than said officials or party authorities, or on their written order. Nor shall any person, who having in any manner procured an official ballot or likeness thereof, furnish, deliver or give the same to any one other than one of said officials, said party authorities or an election manager. Preparation of ballots. Any person who knowingly or wilfully violates any of the provisions of this section of this Act shall be guilty of a

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misdemeanor, and upon conviction shall be punished as prescribed in section 1065 of the Penal Code of 1910. Penalty. Sec. 7. It shall be the duty of the Ordinary to cause to be printed in large type cards of instructions for the guidance of voters in preparing their ballots; they shall furnish to the sheriff three or more if necessary of such cards in each booth or compartment for the preparation of ballots, and not less than three prominent places elsewhere about the outside of the polling place on the day of the election. Instruction cards. Sec. 8. No person without said voting room, booth or enclosure shall in any manner, either by words or gestures, attempt to influence or interfere with any voter who is in said booth, room or enclosure preparing his ballot, nor shall any person enter or go in any booth, room, or enclosure while another person or voter is therein; nor shall any person commit any act of disorder or be guilty of any disorderly conduct in, near or at any of said voting rooms, booths, or enclosures, and any person who violates any of the provisions of this section of this Act shall be guilty of a misdemeanor, and on conviction, punished as prescribed in section 1065 of the Penal Code of 1910. Improper voting. Penalty. Sec. 9. Any person who votes or attempts to vote, knowingly or wilfully, in violation of the provisions of the preceding sections of this Act, at any election, or who shall otherwise violate any of the provisions of this Act shall be guilty of a misdemeanor, and on conviction, be punished as prescribed in section 1065 of the Penal Code of 1910. Violation of this Act. Penalty. Sec. 10. Any manager, clerk or other officer, knowingly and wilfully aiding, assisting, permitting, procuring or being otherwise concurred in any violation of any part of the provisions of this Act shall be guilty of a misdemeanor and upon conviction punished as prescribed in section 1065 of the Penal Code of 1910. Managers and clerks. Penalty. Sec. 11. Any manager, clerk or other officer, engaged in any election, of any kind or character, held in this State, or in any of the counties or municipalities thereof who shall

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ask for or solicit the vote or votes of any voter or elector, in any such election, in behalf of any of the candidates, shall be guilty of a misdemeanor, and on conviction punished as prescribed in section 1065 of the Penal Code of 1910. Vote soliciting by officials. Penalty. Sec. 12. Any manager who may be called in by any voter or elector to 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 his desire, instruction or direction as given to such manager by the voter or the elector, shall be guilty of a misdemeanor and on conviction punished as prescribed in section 1065 of the Penal Code of 1910. Interfering with ballots. Penalty. Sec. 13. Any manager, clerk or other officer engaged or officiating in any election of any kind or character held in this State, or in any of the counties or municipalities thereof, who shall give out, tell, make known or furnish, during the progress of any such election or at any other time, except when making official returns or when required by legal process, any data, memorandum or other information, concerning which voter or voters have voted, concerning which voter or voters have not voted, concerning for whom any voter or voters have voted, concerning for whom any voter or voters have not voted, or concerning how many votes have been polled for any candidate, shall be guilty of a misdemeanor and on conviction, punished as prescribed in section 1065 of the Penal Code of 1910. Illegal information. Penalty. Sec. 14. Any manager, clerk, or officer or other person upon whom a duty is imposed by this Act, who intentionally and wilfully neglects or fails to perform the same, where no violation is specifically defined, shall be guilty of a misdemeanor and on conviction punished as prescribed in section 1065 of the Penal Code of 1910. Neglect of duty. Penalty. Sec. 15. Nothing in this Act contained shall be construed or alter or change the requirements of law as to the registration

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of voters now or hereafter to be enforced under the laws of this State. Registration laws. Sec. 16. The Ordinary shall be entitled to the sum of three dollars for each election for which he makes the arrangement and performs the duties imposed by this Act, except in cases of purely municipal elections, when same shall be paid out of the treasury of the municipality. Ordinary's fee Sec. 17. It is hereby made the duty of the Ordinary of each county, after each election to preserve and secure for subsequent use, for the same purpose all of the provisions, sections and parts of the private rooms, booths, compartments, or enclosures, and all materials, apparatus or paraphanalia in connection therewith which it is possible or practicable for them to preserve and secure so as to reduce as much as possible the expense of making provision for future elections; provided, whenever, in any particular county, city, town or village any regular or primary election is held in which there is no contest for any office to be filled at said election and in which each and every candidate has no opponent, the Ordinary of the county shall incur no expense for, nor provide, nor furnish any private rooms, booths, or enclosures as provided by section 1 of this Act; and whenever in any particular county, city, town or village any primary or regular election is held in which there is no contest for any office to be filled at said election, and in which each and every candidate has no opponent the party authorities in case of a primary, nor the Ordinary of the county, in case of a regular election, shall not be required to provide tickets or ballots in conformity to sections 2 and 3 of this Act, respectively, but shall be required to furnish tickets or ballots only in the simple form heretofore used in this State. Preservation of election supplies. Sec. 18. Be it further enacted by the authority aforesaid, That this Act shall not become or be operative in any county in this State until it is first recommended to be put into force and operation by two consecutive grand juries of such county. Recommendation of grand juries.

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Sec. 19. Be it further enacted by authority aforesaid, That at any time after this Act has been in operation in any county for as long as six years then if two separate consecutive grand juries of said county shall recommend that its operation shall cease, then such Act shall be inoperative in said county. Nullification. Sec. 20. Any clerk or other officer into whose custody said ballots and other election papers may thereafter be placed who shall look into or inspect for the purpose of ascertaining how any elector voted, or who shall give out, tell, make known or permit any data, memorandum, or other information concerning for whom any elector voted or against whom any elector voted, except when required by legal process, shall be guilty of a misdemeanor and on conviction shall be punished as prescribed in section 1065 of the Penal Code of 1910. Illegal information. Penalty. Sec. 21. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1922. FEDERAL GAME REGULATIONS ON U.S. GOVERNMENT LANDS IN GEORGIA. No. 416. An Act of the General Assembly of the State of Georgia giving authority to the Federal Government to establish rules and regulations for the protection of game, fish, and birds. An Act to give the consent of the State of Georgia to the making by the Congress of the United States, or under its authority, of all such rules and regulations as in the opinion of the Federal Government may be needful in respect to game animals, game and non-game birds, and fish on lands, and in or on the waters thereon, acquired or to be acquired by the Federal Government in

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the northern part of Georgia for the conservation of the navigability of navigable streams. Whereas, the Government of the United States, with the consent of the General Assembly of the State of Georgia has acquired and will acquire areas of forested land in the northern part of said State for the purpose of conserving the navigability of navigable streams, and said lands and waters thereon are and will be stocked, naturally and artificially, with game animals, game and non-game birds, and fish; and, Preamble. Whereas, in order adequately to enjoy and protect the occupancy and use of said areas, it is important that the United States be fully authorized to make all needful rules and regulations in respect to such animals, birds, and fish; therefore, the General Assembly of Georgia do enact: Section 1. That the consent of the General Assembly of Georgia be and hereby is given to the making by Congress of the United States, or under its authority, of all such rules and regulations as the Federal Government shall determine to be needful in respect to game animals, game and non-game birds, and fish on such lands in the northern part of Georgia, as shall have been, or may hereafter be, purchased by the United States under the terms of the Act of Congress of March first, one thousand nine hundred eleven, entitled, An Act to enable any State to co-operate with any other State or States or with the United States, for the protection of the watersheds of navigable streams, and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers, (Thirty-sixth United States Statistics at Large, page nine hundred and sixty-one), and Acts of Congress supplementary thereto and amendatory thereof, and in or on the waters thereon. Consent of State. Approved August 15, 1922.

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FIRE PROTECTION IN CERTAIN COUNTIES. NO. 506. An Act to authorize certain counties of this State to build, lease or maintain houses and equipment for the purpose of giving fire protection to citizens and property and to levy a tax therefor and for other purposes. Section 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, counties of this State having a population of one hundred and fifty thousand or more, according to the United States Census of 1910 or any future United States Census or official Census of the State of Georgia, be and they are hereby authorized and empowered to purchase or lease land or buildings, equipment and supplies and to employ persons for the purpose of maintaining a fire station and fire apparatus for the protection of the citizens and property of such county. Fire equipment. The determination of all questions with reference thereto, as well as the equipment and maintenance thereof, shall be under the supervision of the Ordinary, Board of Commissioners or other authorities having charge of the fiscal and administrative affairs of said county. Authorities in charge. Sec. 2. Said counties are hereby authorized to levy a tax additional to those now authorized by law for the purpose of carrying out the provisions of this Act. Tax. Sec. 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1922. FISCAL YEAR IN CERTAIN COUNTIES. No. 421. An Act to authorize the authorities of certain counties of

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this State to prescribe by order the term and period of the fiscal year of such county, for which the annual taxes of said county are to be levied and expended and to authorize said authorities to adjust the financial affairs of such county to 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 from and after the passage of this Act, counties of this State having a population of 150,000 or more by the United States Census of 1920 or any future United States Census or any official State Census, may create, as herein provided, a fiscal year for such counties, which fiscal year so created, may cover a different period of time than the calendar year, and for which fiscal year so created, taxes shall be levied and expended, in the manner now provided by law. Creation of fiscal year. Sec. 2. Any such county, within two years after the adoption of such fiscal year hereunder, shall have full power and authority to levy taxes for adjusting and paying any indebtedness which may have been lawfully created, for current expenses, from the first day of January, of the year in which the fiscal year hereunder is adopted, to the beginning of such first fiscal year. Taxes. Sec. 3. The fiscal year as provided for in section one herein shall not be operative or effective in any such county, unless and until the Ordinary, Board of Commissioners, or other authority, having charge of the fiscal and administrative affairs of any such county, shall by formal order, which shall be entered upon their minutes at the time, declare the period of such fiscal year, and when the same shall have been declared as herein provided, the same shall have the effect of adopting the period, therein described, as the fiscal year of said county and all taxes which may be levied for such fiscal year shall be used or expended during the same, in the same manner as taxes are now ledied, used and expended during the current calendar year. Order adopting period.

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Sec. 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1921. GEORGIA MILITARY COLLEGE; TRUSTEES OF. NO. 338. An Act to provide a local board of trustees for Georgia Military College; to prescribe the manner of electing members of said board, to fix their terms of office; to provide for filling vacancies occurring on said board; to fix and determine the qualifications of the members of said board; to prescribe and define their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That upon the election and qualification of the Trustees of Georgia Military College, as hereinafter provided, the present Board of Trustees of said Georgia Military College shall be and the same is hereby abolished. Present trustees abolished. Sec. 2. Be it further enacted, That on the fourth Tuesday in August, 1922, there shall be held in the City of Milledgeville, Georgia, an election for seven Trustees of said Georgia Military College, and said trustees are hereby created a body corporate, to be known as The Board of Trustees of Georgia Military College. Election. Sec. 3. Be it further enacted, That said election shall be held at the City Hall in the City of Milledgeville, and the polls for said election shall open at 9 o'clock A. M. Eastern time, and close at 7 o'clock P. M. Eastern time. Where held. Sec. 4. Be it further enacted, That any citizen, male or female, of said City of Milledgeville shall be eligible to hold said office who is not less than 21 years of age and not more than 65 years of age. Provided, however, that no officer

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or salaried employee of the City of Milledgeville shall be eligible to hold said office. Candidates; eligibility. Sec. 5. Said election shall be held under the supervision of a justice of the peace or notary public, ex-officio justice of the peace, of the 320th Dist., G. M., of Baldwin County, and two freeholders, who shall be selected by the President of the present Board of Trustees of said Georgia Military College. Said managers of said election shall count the ballots east at said election and report the result to the President of the present Board of Trustees of said Georgia Military College, and it is hereby made the duty of said President to promulgate the result of said election by publishing the same one time immediately thereafter in the official gazette of Baldwin County. Upon said publication, the persons declared therein to be elected shall become Trustees of said Georgia Military College upon qualifying as hereinafter provided. Supervisors. Sec. 6. Be it further enacted that at said election all persons male or female, who are qualified to vote for members of the General Assembly of the State of Georgia, who shall have paid all taxes which have been legally imposed upon them by the authority of the City of Milledgeville, including street tax, and which they have had an apportunity to pay agreeably to law, who have resided within the county of Baldwin for six months and within the City of Milledgeville for thirty days prior to the day of the election, shall be qualified to vote. It is expressly enacted hereby that registration shall not be a necessary qualification for a voter at the election to be held on the fourth Tuesday in August, 1922. Qualifications of voters. Sec. 7. The expenses of said election and publication of the result thereof shall be borne by the City of Milledgeville and the clerk and treasurer of said City is hereby authorized and required to pay the same upon receiving proper vouchers therefor. The Managers of said election shall be paid $3.00 each for his entire service. Expenses.

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Sec. 8. Be it further enacted, That within ten days after the publication of the result of said election, the persons elected shall take oath and subscribe the same in writing before the Clerk of the Superior Court of Baldwin County, that he will well and faithfully discharge the duties of the office of Trustee of Georgia Military College. If any person so elected shall fail or refuse to take and subscribe said oath, the office to which he was elected shall become ipsofacto vacant and the vacancy shall be filled by the remainder of said Trustees, a majority thereof being sufficient to fill said vacancy. Trustees; oath of office. Sec. 9. Be it further enacted, That the three persons receiving at said election on the fourth Tuesday in August, 1922, the highest number of votes, shall hold for a term of six years thereafter; the two persons receiving the next highest vote shall hold office for the term of 4 years, thereafter; and the two persons receiving the next highest vote shall hold office for a term of 2 years thereafter. Terms. Sec. 10. Be it further enacted, That an election for two Trustees of said Georgia Military College shall be held on the fourth Tuesday in August, 1924, and the persons then elected shall hold office for six years from the date of their election. The vacancies on said Board of Trustees thereafter occurring shall be filled biennially on the fourth Tuesday in August, and the persons elected at said election shall hold office for six years. Said election shall be held under the same rules and regulations as are herein provided for the election to be had on the fourth Tuesday in August, 1922, as set out in section 2 of this Act, except that no person shall be qualified to vote at the election the fourth Tuesday in August, 1924, and biennially thereafter, unless he or she is registered as may be now or hereafter required by law. Election of successors. Sec. 11. Be it further enacted that any vacancy upon said Board of Trustees of Georgia Military College, created by death, resignation, incapacity, disqualification, or removal, shall be filled for the unexpired term by a majority of the remaining members of said Board of Trustees. Vacancies.

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Sec. 12. Be it further enacted, That said Trustees of Georgia Military College shall, as soon as is practicable after their election organize by electing a Presdient, Vice-President, and Secretary-treasurer in their discretion. The said secretary-treasurer shall give bond in an amount to be fixed by a majority of said Board of Trustees, payable to said Board of Trustees, for the faithful performance of his duties. At all meetings of said Board of Trustees of Georgia Military College, the President or Vice-President, presiding, as the case may be, shall have the right to vote. Officers. Sec. 13. Be it further enacted, That the said Board of Trustees of Georgia Military College shall have the right to elect all teachers and other employees of said Georgia Military College, and fix their compensation. Election of teachers. Sec. 14. Beit further enacted, That the legal title to all the property of said Georgia Military College, now in the possession or hereafter to be acquired, shall be in the corporate body hereinbefore created, and the officers of said corporation hereinbefore provided for shall take care to provide for the protection, insurance and safe-guarding of all of said property. Title to property. Sec. 15. Be it further enacted, That the President, Vice-President and Secretary-treasurer of said Board of Trustees shall be elected by a majority of said Board. Election of officers. Sec. 16. Be it further enacted, That four members of said Board of Trustees shall constitute a quorum for the transaction of business. Quorum. Sec. 17. Be it further enacted, That all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved August 1, 1922.

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GEORGIA SCHOOL OF TECHNOLOGY; TUITION CHARGEABLE. NO. 493. An Act to authorize and empower the local Board of Trustees of The Georgia School of Technology to charge and collect reasonable tuition from the students attending that Institution, 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 local board of Trustees of the Georgia School of Technology be authorized in their discretion to fix and collect from the students who attend said school, a reasonable tuition fee which shall be charged and collected from the students under rules and regulations to be provided by said local board. Tuition fee, collection authorized. 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, 1922. GROWING CROPS DECLARED PERSONALTY. NO. 556. An Act to declare that growing crops shall be personalty; to provide that mortgages or other liens or conveyances thereof shall be attested and recorded as chattel mortgages, to provide that no levy on unmatured crops shall be made out and for 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 crops, matured or unmatured, shall be and the same hereby are declared to be personalty. Crops declared personalty.

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Sec. 2. Be it further enacted by the authority aforesaid, That mortgages or other liens or conveyances of crops, matured or unmatured, shall be attested and recorded as chattel mortgages and under the laws governing same. Chattel mortgages. Sec. 3. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to permit levies on unmatured crops but such levies and sales are expressly forbidden except as is now provided by law. Levis on unmatured crops forbidden. 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 21, 1922. HIGHWAY DEPARTMENT; ACT AMENDED. NO. 558. An Act to amend an Act entitled An Act to reorganize and reconstruct a State Highway Department of Georgia, and to prescribe the duties and powers thereof; to create a system of State-aid roads, and provide for the designation, maintenance, improvement and construction of the same; to create and provide for a State-aid road fund, and for the control and management thereof; to provide for the paving of State-aid roads by the State, or in cooperation with the counties or with the United States Government; to provide for assistance to counties upon the public roads thereof, and in retiring county road bonds; to assent to the Act of Congress approved July 11, 1916, known as the Act to provide that the United States shall aid the State in the construction of rural post roads, and for other purposes, to provide the right to condemn property for State-aid roads in certain cases; and for other purposes, by striking section five (5) of article three (3) of said Act, which provides for an attorney for the State Highway Board, and substituting in lieu thereof a new section to be known as section five (5),

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authorizing the State Highway Department, and the county authorities to regulate the maximum load or weight that may be transported over certain bridges and approaches in this State, the giving of notice 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 same, That the Act approved August 18, 1919, entitled An Act to reorganize and reconstruct the State Highway Department of Georgia, and to prescribe the duties and powers thereof; to create a system of State-aid roads and provide for the designation, maintenance, improvement and construction of the same; to create and provide for a State-aid road fund, and for the control and management thereof; to provide for the paving of State-aid roads by the State, or in co-operation with the counties or with the United States Government; to provide for assistance to counties upon the public roads thereof, and in retiring county road bonds; to assent to the provision of the Act of Congress approved July 11, 1916, known as the `Act to provide that the United States shall aid the State in the construction of rural post roads, and for other purposes; to provide the right to condemn property for State-aid roads in certain cases; and for other purposes be amended by striking section five (5) of article three (3) of said Act, and substituting in lieu thereof the following, to-wit: Section five (5). The State Highway Department is authorized to ascertain and determine the maximum load or weight that can, with safety, be transported over any bridge and its approaches on the State-aid road. The county authorities in each county of this State shall have similar power with respect to any bridge and its approaches within such county not State-aid roads. The State Highway Department and the county authorities respectively shall be authorized to post on any such bridge a legible notice showing the maximum amount which has been so ascertained such bridge or its approaches can carry with safety, and any person hauling, driving or otherwise bringing on any such bridge or its

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approaches any load or weight exceeding the rated capacity so ascertained and posted, shall do so at their own risk, and neither the State nor county shall be liable for any damages to persons or property that may result therefrom. And it shall be unlawful for any person to haul, drive or otherwise bring on such bridge or its approaches, any load or weight exceeding the rated capacity so ascertained and posted. Act of 1919 amended. Section 5 read. Bridges; maximum capacity. Sec. 2. Amend Georgia Highway Laws, Acts of the General Assembly, 1919, by adding the following provision to article 3, section 3, paragraph 2: Highway laws amended. Provided, further, The State Highway Board shall determine the number of employees, designate their place of labor, prescribe their duties, fix their compensation, and also the salary of the chairman (including the year 1922) who shall devote all of his time and attention to the discharge of the duties of his office, who shall represent the Board and is vested with all the power and authority of same when not in session. No person shall be appointed to or discharged from any position in the State Highway Department without the approval of the Board, or when it is not in session by the chairman. Employees of board. Sec. 3. Be it further enacted by the authority of aforesaid, and it is hereby enacted by the authority of same, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 21, 1922. HIGHWAY DEPARTMENT; PURCHASE OF MATERIALS. No. 422. An Act to amend section 5 (a) of article 5, of an Act approved August 18, 1919, and entitled an Act to reorganize and reconstitute the State Highway Department of Georgia, etc., by adding at the end of section 5 (a) a proviso

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that no materials, machinery and supplies shall be purchased by the State Highway Department except from the lowest and best bidder after public advertisement, and for other purposes. Section 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 5 (a) of article 5, of an Act approved August 18, 1919, entitled an Act to reorganize and reconstitute the State Highway Department, etc., be amended by adding at the end of said section 5 (a) of article 5, the following: provided, however, and nevertheless that neither said State Highway Board, nor any of its officers or employees, shall purchase any materials, machinery or supplies, except from the lowest and best bidder, under sealed proposals or bids, after public advertisement of the kind, quality and quantity of materials, machinery and supplies desired. The State Highway Board shall have authority to reject any and all bids received at any particular letting and in that event shall similarly readvertise for other bids on the materials, machinery or supplies desired, proceeding similarly with each successive advertisement as on the one first had, so that at all times the interest of the State and the public welfare shall be fully protected and safeguarded. Said advertisements shall appear in the newspaper wherein the sheriff's advertisements appear in the locality in which the work is to be done, or the machinery and supplies are needed, for at least once a week for two weeks, provided, however, the said State Highway Board, through its proper officer or officers, shall be permitted to do such additional advertising in order to obtain the lowest and best bids as in its judgment may seem best and proper, and provided, also, that should the said State Highway Board desire and undertake to contract for or purchase a year's supply of equipment or materials for general use throughout the State at one letting, the advertisement for bids shall be published once a week for four weeks and in one newspaper of general circulation published in each Congressional District in the State, and provided, further, this requirement shall not

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apply to the purchase of ordinary office supplies, minor equipment and materials for emergency and repair work, so that said section 5 (a) of article 5, as amended, shall read as follows: Act of 1919 amended. Section 5 (a). That the State Highway Board may use any of its funds for acquiring or establishing gravel pits, stone quarries, cement factories, and such other factory or thing as may be necessary in the economic production of any portion of material required in maintaining, improving and constructing the system of State-aid roads, herein provided for; provided, however, and nevertheless that neither said State Highway Board, nor any of its officers or employees, shall purchase any materials, machinery or supplies, except from the lowest and best bidder, under sealed proposals or bids, after public advertisement of the kind, quality, and quantity of materials, machinery and supplies desired. The State Highway Board shall have authority to reject any and all bids received at any particular letting and in that event shall similarly readvertise for other bids on the materials, machinery or supplies desired, proceeding similarly with each successive advertisement as on the first one had, so that at all times the interest of the State and the public welfare shall be fully protected and safeguarded. Said advertisements shall appear in the newspaper wherein the sheriff's advertisements appear in the locality in which the work is to be done, or the machinery and supplies are needed, for at least once a week for two weeks; provided, however, the said State Highway Board, through its proper officer or officers, shall be permitted to do such additional advertising in order to obtain the lowest and best bids as in its judgment may seem best and proper, and provided, also, that should the said State Highway Board desire and undertake to contract for or purchase a year's supply of equipment or materials for general use throughout the State at one letting, the advertisement for bids shall be published once a week for four weeks and in one newspaper of general circulation published in each Congressional District in the State, and provided, further, this requirement shall not

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apply to the purchase of ordinary office supplies, minor equipment and materials for emergency or repair work. Section 5-(a) read. Materials; how purchased. Bids. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 15, 1922. INSURANCE DEPARTMENT; ASSISTANT STATE FIRE INSPECTOR. No. 515. An Act to amend section 24 of an Act entitled Insurance, Department of, Established, approved August 19, 1912, by providing for the creation of the office of Assistant State Fire Inspector, prescribing the duties to be discharged by him, the term of his office, the compensation to be received by him, and clothing him with authority to subp[UNK]na witnesses to appear before him instanter, or when required to give testimony, so that said section, when so amended, shall read as follows, and for other purposes. Section 24. Be it further enacted by the authority aforesaid, That the commissioner shall have the power, as hereinbefore provided, to appoint a competent person to be known as State Fire Inspector, and also a person to be known as Assistant State Fire Inspector, and when any property is destroyed by fire, and the commissioner deems it proper to have the cause of such fire investigated, he shall cause such State Fire Inspector, or the Assistant State Fire Inspector, to make a thorough investigation of all the facts connected with such fire and report to him in writing under oath. Such Inspector, or his Assistant, when in his opinion such proceedings are necessary shall take the testimony of all persons supposed to be cognizant or have information or knowledge in relation to the matter as to which the examination is herein required to be made, and he shall

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cause the same to be reduced to writing, and if he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, he shall cause such person to be arrested on a warrant, and cause the same to be fully investigated before an officer as is now provided for committal trials, or he shall furnish the Solicitor General of the circuit in which the fire occurred all such facts, together with the names of witnesses, and all the information obtained by him in such investigation. Such Fire Inspector, and his assistant, appointed to conduct such examination, shall have the same power as justice of the peace for the purpose of summoning before him, in the county where the fire occurred, and compelling the attendance instanter or at such other time as may be designated by the said State Fire Inspector, or his assistant, to testify in relation to any matter which, by the provisions of this Act is the subject of investigation. Said State Fire Inspector, or his assistant, shall have the right to administer oaths to witnesses appearing before him, and shall have the power to compel witnesses to answer questions pertaining to any investigation as now provided by law for committal courts, and said Inspector, and his assistant, shall have all the power now conferred by law on courts of inquiry in this State in the investigation of any matter coming before him under this Act. Act of 1912 amended. Assistant Fire Inspector. Investigations. Arrests for arson. Examinations. Section 24 (a). Be it enacted further, by the authority aforesaid, That the office of Assistant Fire Inspector shall be filled by the Commissioner, and he shall be continued in office for such term, and at such compensation as the exigencies of the department may, in the discretion of the Commissioner, warrant and require. Office filled by commissioner. Be it enacted further by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 19, 1922.

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INSURANCE DEPARTMENT; MUTUAL FIRE INSURANCE COMPANIES' BONDS. No. 505. An Act to amend an Act entitled An Act to provide for the establishment of a Department of Insurance; to provide officers therefor, stipulate their salaries; to regulate and control the organization of insurance companies; to prescribe the duties and powers of the Insurance Commissioner; to prohibit discrimination by insurance companies; to prescribe penalties for the violation of the insurance laws of the State; to provide for the general supervision of the Insurance Commissioner of all insurance companies and the sale of stock in such companies and the general management and conduct of such companies; to require bonding and fidelity companies to make deposits, to regulate all foreign and domestic fraternal companies, corporations, orders, associations and beneficiary societies soliciting business in this State; to prohibit the issuing of income or guarantee fund certificates, and for other purposes, approved August 19, 1912, so as to authorize mutual fire insurance companies chartered under the laws of this State to deposit bonds or other securities with the State Treasurer and be thereby relieved from the necessity of embracing an emergency clause in their policies as provided in the above recited Act, and to relieve policy holders of such companies as may make such deposit of bonds or other securities from liability for assessments, except for unpaid premiums, to meet losses or other liabilities incurred by such companies, and for other purposes. Section 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 19, 1912, entitled An Act to provide for the establishment of a Department of Insurance; to provide officers therefor, stipulate their salaries; to regulate and control the organization of insurance companies; to prescribe the duties and powers of the

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Insurance Commissioner; to prohibit discrimination by insurance companies; to prescribe penalties for the violation of the insurance laws of the State; to provide for the general supervision by the Insurance Commissioner of all insurance companies and the sale of stock in such companies and the general management and conduct of such companies; to require bonding and fidelity companies to make deposits; to regulate all foreign and domestic fraternal companies, corporations, orders, associations and beneficiary societies, soliciting business in this State, to prohibit the issuing of income or guarantee fund certificates, and for other purposes, be and the same is hereby amended by adding to section 39 of said Act the following words: Provided, that nothing in this Act shall require any mutual fire insurance company chartered under the laws of this State to embrace in their policies said emergency clause when such company shall have deposited with the Treasurer of the State registered securities in the amount of $100,000.00, consisting of bonds of the United States, bonds of the State of Georgia, bonds of municipalities or counties of the State of Georgia which have been duly validated, or such other securities as the Insurance Commissioner shall deem adequate, nor shall the policy holders of any such company that shall make said deposit be liable for any assessments, except for unpaid premiums, to meet any losses or liabilities that may be incurred by any such company, which deposit shall be in lieu of any other deposit required by this Act, and the amount of said deposit shall always be maintained as a surplus in excess of the reinsurance reserve required under the present law, so that section 39 of said Act shall read as follows: Be it further enacted, That all insurance companies chartered under the laws of this State to do a fire insurance business upon the mutual, co-operative or assessment plan, shall before receiving a license from the Insurance Commissioner, deposit with the State Treasurer of Georgia registered bonds of the United States or of the State of Georgia or county or municipal bonds of this State, registered and validated in the sum of $10,000.00. Said deposit to be made under the same conditions that deposits

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of non-resident fire insurance companies are made with the State Treasurer; provided, that this shall not apply to such companies as operate in not more than four counties in a division in this State, or to farmers' co-operatiive companies doing fire insurance business in this State on the assessment plan where their policies stipulate that all the property, real and personal, of the policy holders is pledged for the payment of the policy. Such companies shall always have in good assets an amount equal to the unearned premium liability of the company required of all classes of fire insurance companies by the laws of this State. All policies issued by such companies shall embrace what is termed an emergency clause, whereby the company reserves the right to call for extra assessments from its policy holders whenever the contingency arises. Samples of all policy contracts to be used by such companies shall, before issuance, be submitted to the Insurance Commissioner for his approval; provided, that nothing in this Act shall require any mutual fire insurance company chartered under the laws of this State to embrace in their policies said emergency clause when such company shall have deposited with the Treasurer of the State registered securities in the amount of $100,000.00, consisting of bonds of the United States, bonds of the State of Georgia, bonds of municipalities or counties of the State of Georgia, which have been duly validated, or such other securities as the Insurance Commissioner shall deem adequate, nor shall the policy holders of any such company that shall make said deposit be liable for any assessments, except for unpaid premiums, to meet any losses or liabilities that may be incurred by any such company; which deposit shall be in lieu of any other deposit required by this Act, and the amount of said deposit shall always be maintained as a surplus in excess of the re-insurance reserve required under the present law. Act of 1912 amended. Section 39 read. Bonds. Emergency clause required in policies. Deposit for exemption. Sec. 2. Be it further enacted, That the Treasurer of this State is hereby authorized and directed to receive deposit of bonds or other securities as provided in the preceding section of this Act when the deposit of the same is approved

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by the Insurance Commissioner, and hold the same subject to the provisions of the laws of this State relating to deposits by fire insurance companies. Receipt of deposits. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1922. INSURANCE LICENSES, GROUNDS FOR REVOKING. No. 314. An Act to provide additional grounds for revoking the licenses to do business in Georgia of compnaies engaged in the business of insuring against liability of various kinds; to provide limitations on the grant and renewal of such licenses; to authorize the Insurance Commissioner to carry into effect the provisions for revoking as provided in this Act; to provide the method of procedure for revoking such licenses; and for other purposes. Section 1. If any insurance company, domestic or foreign, doing business of insuring against loss or damage resulting to the insured by reason of liability assessed against the insured on account of accident to, injuries to, or the death of any other person, or injuries or damage to the property of others, shall fail or refuse to pay off and discharge any judgment rendered against such insured for liability covered by such insurance written by said company in this State, within thirty days after such judgment shall have become first by reason of having been affirmed, or by reason of the time within which proceedings to appeal from the same having expired, or within thirty days from the passage of this Act, as to judgments which shall have become final at the time of its passage or prior thereto, shall not be permitted or licensed to do business in this State; provided, that this shall not apply when the amount of the judgment exceeds the amount of the insurance, and the company has

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paid so much of said judgment as equals the amount stated in its contract of insurance. The failure of any such company to pay off the amount of said judgment or the amount stated in its contract of insurance, as the case may be, shall be a ground for the revocation of any license granted to it to do business in this State, and for the refusal to grant or renew such license so long as said company fails to make such payment. The provisions of this Act are cumulative of other provisions of the laws of this State as to revoking the license of such companies. Failure to pay judgments. Sec. 2. Be it further enacted, That whenever it shall be brought to the attention of the Insurance Commissioner that any company has failed to pay such judgment under the circumstances stated in the preceding section, it shall be the duty of the said Insurance Commissioner, and it is hereby made his duty, to notify the said company to show cause before him in not less than five days why its license to do business in Georgia should not be revoked. Upon said hearing if it is made to appear to the Insurance Commissioner that the said company failed to pay a judgment, or so much thereof as is required by this Act, under the circumstances provided in section 1 of this Act, it shall be the duty of the Insurance Commissioner, and it is hereby made his duty, to declare the said company's license to do business in Georgia revoked, and after such declaration the company shall no longer be authorized to transact business in this State, except that it shall be authorized to take such proper steps as may be necessary to liquidate its existing business in this State, but shall not be authorized to issue any new policies of insurance. Hearing. Revocation of license. Sec. 3. Be it further enacted, That after a company's license has been revoked under this Act, the same may be renewed and reinstated by the Insurance Commissioner whenever it is made to appear to him that the judgment, or judgments, of the kind provided in this Act, or so much thereof as is required by this Act, have been paid, but no company, the license of which may hereafter be revoked under the terms of this Act, shall have its license reinstated

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or renewed, or a new license granted to it, so long as the judgment, or judgments, because of which its license was revoked, shall remain unpaid. Renewal of revoked license. Sec. 4. Be it further enacted, That all laws, or parts of laws, in conflict with this Act are hereby repealed. Approved August 2, 1922. INTERROGATORIES AND DEPOSITIONS; RETURN AND TRANSMISSION. No. 553. An Act to provide for the return and transmission of interrogatories taken under the provisions of articles one and two of chapter six of the sixth title of the Code of Georgia; of depositions taken under the provisions of article four of chapter six of the sixth title of the Code of Georgia; and of deposiitons taken before a court commissioner under article five of chapter six of the sixth title of the Code of Georgia; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, whenever it is lawful for a witness to be examined on interrogatories, by commission or without commission, as provided by articles one and two of chapter six, of the sixth title of the Code of Georgia, and whenever it is lawful to examine a witness by depositions as provided by article four, chapter six, of the sixth title of the Code of Georgia, and whenever it is lawful to examine a witness by depositions before a court commissioner, as provided by article five, chapter six, of the sixth title of the Code of Georgia, the commissioner or commissioners to taking said interrogatories or depositions, may, in addition to the methods now prescribed for the return and transmission of said interrogatories or depositions, return and transmit said interrogatories

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or depositions to the court in which the case in which said interrogatories or depositions are to be used is to be tried by sending the same in an envelope which shall be directed to the clerk of the court in which said case is to be tried, if said court shall have a clerk, or to the justice or judge of said court, if said court shall not have a clerk, endorsing upon the face of said envelope the name of the case, the name of the witness or witnesses whose testimony is so taken, and by writing his name across the seal of said envelope, and transmitting the same to the clerk of said court or to the justice or judge of said court by registered mail without further formalities. Return by registered mail. Sec. 2. Be it further enacted by the authority aforesaid, That said interrogatories or depositions so transmitted by registered mail, shall, when received by said clerk, or judge or justice of said court, be preserved intact as is now provided by law, and with the right to open same as now provided by law. Receipt and preservation. Sec. 3. Be it further enacted by the authority aforesaid, That the method herein prescribed for the transmission of such interrogatories or depositions shall not be the exclusive method, but shall be in addition to and cumulative of the methods now prescribed by law. Method not exclusive. 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 21, 1922. INVESTIGATING AND BUDGET COMMISSION CREATED. No. 312. An Act to create and establish a State Investigating and Budget Commission; to provide for the making and filing of reports by all State departments, bureaus, institutions,

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commissions, and officers receiving appropriations from the State; to define the duties and powers of said Commission; to provide for the maintenance of said Commission; to provide a method of ascertaining the financial condition of the State and the appropriations necessary for the various departments, institutions and other agencies of the State; and to provide for the making of budgets by the Commission to the General Assembly from time to time, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That a State Investigating and Budget Commission is hereby created and established, composed of the Governor who shall be its chairman, the Comptroller-General, the Chairman of the Ways and Means and Appropriation Committee of the Senate, the Chairman of the Ways and Means and Appropriation Committee of the House of Representatives and the Attorney General who shall serve until their successors are elected and qualified. Commission created. Membership. Sec. 2. Be it further enacted, at least sixty days, and not more than ninety days before each regular session of the General Assembly, the several departments, institutions, commissions, bureaus and officers of the State shall report to the Governor, on blanks to be furnished for such purposes by the Comptroller-General an estimate in itemized form, stating the amount of money needed for their respective wants for the biennial period beginning with the next regular session of the General Assembly thereafter, citing the statute or authority, if any under which the appropriation is requested. Each department, institution, commission, bureau, and officer of the State shall furnish, as a part of their several reports, a statement showing the total amount of the appropriation received by each of said departments, institutions, commissions, bureaus and officers for each of the three fiscal years immediately preceding th date of the filing of such report. Said report shall be directed to the Governor and the Finance Committees of the General Assembly. Reports of departments, etc.

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Sec. 3. Be it further enacted, That when the several departments, institutions, commissions, bureaus, and officers of the State shall make their reports, as provided in the preceding section, said departments, institutions, commissions, bureaus and officers shall file, with the Governor, on blanks to be furnished for that purpose by the Comptroller-General, an itemized report of all expenditures of such departments, institution, commission, bureau or officer, showing the number of persons employed, the salary of each, the traveling expenses of each, and in case of eleemosynary institutions including correctional institutions, requiring or receiving an appropriation from the State shall report the number of inmates, the cost of maintenance per capita, the value of the property under the control of the department, institution, commission, bureau or officer, and the amount of revenue earned if any, and how much, if any, thereof is paid directly into the State Treasury, and such other itemized report as will put in the possession of the Commission, a full and complete itemized statement of receipts and disbursements for the fiscal year ending immediately preceding the filing of such report. Itemized statements. Sec. 4. Be it further enacted, That said departments, institutions, commissions, bureaus and officers of the State shall forthwith, upon the request of the Commission, furnish to the Governor any further information desired in relation to the affairs of their respective department, institution, commission, bureau or office. Further information. Sec. 5. Be it further enacted, That the Commission shall make up and furnish through the Comptroller-General to the said several departments, institutions, commissions, bureaus and officers, receiving or entitled to receive from the State, an appropriation of money, suitable blanks for such department, institution, commission, bureau and officer to make their reports as herein required. Such blanks shall be called Appropriation Budget Blanks, and they shall be furnished by the Comptroller-General as herein provided, not less than ninety days before each regular session of the General Assembly. Appropriation Budget Blanks.

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Sec. 6. Be it further enacted, That the Commission shall examine said reports and after thorough investigation thereof, shall make up a budget covering each department, institution, commission, bureau and officer in the State entitled to an appropriation, setting forth the amount such department, institution, commission, bureau or officer may be entitled to receive in the opinion of the Commission, for the next bienniem and the Governor shall submit said budget to the General Assembly at the beginning of each regular session thereof and said budget shall show the estimated revenue for the same period of time. Said report shall not be binding on the General Assembly, but shall be furnished for the purpose of aiding the General Assembly in making appropriations. Budget. Submission to General Assembly. Sec. 7. Be it further enacted, That the provisions of this Act shall apply to each department, institution, commission, bureau and officer of the State in charge of an institution, bureau, department, or commission, but shall not apply to any individual who merely draws a salary from the State. Not applicable to salaried employees. Sec. 8. Be it further enacted, That the Commission shall have authority to employ an auditor or an accountant, if there is no State auditor to investigate the account, or accounts, of any department, institution, commission, bureau, or office of the State, required by this Act to make a report, if, in the opinion of the Commission, after an examination of such report, such department or departments, should be audited to show the true financial condition thereof; provided, however, before such auditor or accountant is employed, the Governor shall make known to the General Assembly, in proper manner, what department, institution, commission, bureau or office the Commission believes should be audited, together with an estimate of the expenses of such audit, and the General Assembly may appropriate such sum or sums as it may deem necessary for such audit or investigation. Audit. Appropriation. Sec. 9. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 26, 1922. JURY COMMISSIONERS, COMPENSATION OF, IN CERTAIN COUNTIES. No. 440. An Act to amend an Act of the General Assembly of Georgia, during the session of 1921, and approved August 6, 1921, as appears in the Acts of 1921, page 209, fixing compensation of jury commissioners at ten dollars per day in counties having a population of two hundred thousand or more, by striking the figures ten dollars per day as appears in line (6) of said Act, and inserting in lieu thereof the figures six dollars per day, so that said Act as amended will read as follows: 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 jury commissioners in counties of this State that have a population of 200,000 or more shall receive a fee of six dollars for each day's service in revising the jury list, to be paid from the county treasury. Fees. Sec. 2. All laws and parts of laws in conflict herewith are repealed. Approved August 15, 1922. JUSTICES' COURTS IN MILITIA DISTRICTS. No. 503. An Act to empower the county authorities of this State to provide and furnish and keep in repair, from time to

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time suitable quarters for the holding of justice of the peace and N. P. justice of the peace courts in the several militia districts of this State, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Commissioners of Roads and Revenues, or other authority upon whom such duties fall in the various counties of the State, shall have the power in their discretion to provide from time to time and pay for suitable quarters for the holding in any militia district in the various counties of the State of justice of the peace and N. P. justice of the peace courts, and to keep the same in repair, and to furnish and keep in repair the necessary furniture and other materials necessary for the conduct of such courts, and pay for the same out of the county funds. Quarters and materials. 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 19, 1922. MUNICIPAL POLICE COURTS; OFFICERS PRO TEM. No. 512. An Act to empower the governing bodies of the several municipal corporations of this State of Georgia having a corporate, police or mayor's court, held by the mayor or recorder, to select by ordinance or resolution a mayor pro tem. or recorder pro tem. to hold such court during the absence or disqualification of such mayor or recorder, 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:

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Section 1. The governing bodies of the municipal corporations of the State of Georgia having a corporate, police or mayor's court are hereby authorized and empowered, either by ordinance or resolution, to select, elect or appoint either a mayor pro tem. or a recorder pro tem. to hold and preside over such corporate, police or mayor's court in the absence or disqualification of the mayor or recorder, who shall have all of the power, authority and jurisdiction while presiding in such corporate courts as is given by the charter of said municipal corporation to its mayor or recorder. Mayor or recorder. Sec. 2. This Act is not to affect any municipal corporation where provision is made in the charter for the appointment or selection of a mayor pro tem. or a recorder pro tem. Cities not affected. Sec. 3. All laws in conflict with this Act are hereby repealed. Approved August 19, 1922. NO-FENCE LAW IN CERTAIN COUNTIES. No. 547. An Act to prevent people who live in a militia district that has the no-fence law, from voting in any county election for fence or no-fence, held in such county; to provide that such election shall in no way affect or change the law in such district; to provide that this bill shall apply only to counties having not less than 23,300 population, nor more than 23,500 population according to the last available United States Census, and for 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 no person living in a militia district that now has or may hereafter have the no-fence law, shall be allowed to vote in any election held in such county for fence or no-fence. Voters in county elections.

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Sec. 2. Be it further enacted by the authority aforesaid, That the result of any fence or no-fence election held in any county in which there are one or more militia districts, that has no-fence law, shall not effect, or change in any way the no-fence law in such militia district; provided, this Act shall apply only to counties having not less than 23,300 population nor more than 23,500 population according to the last available United States Census. County law not to affect militia district. Sec. 3. Be it further enacted by the authority of aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 21, 1922. NORMAL AND INDUSTRIAL COLLEGE CHANGED TO GEORGIA STATE COLLEGE FOR WOMEN. No. 366. An Act to amend an Act entitled An Act to establish a Normal and Industrial College as a branch of the State University for the education of white girls; to appropriate money for the same, and for other purposes, approved November 8, 1889, by striking, in line five of section 1 of said Act, the words Georgia Normal and Industrial College, and inserting in lieu thereof the words, The Georgia State College for Women, with all the powers and privileges invested in a standard college, including the power of conferring degrees; degrees to be conferred only to such as who have taken the standard college course of four years. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That the Act of November 8, 1889, establishing the Normal and Industrial College, and for other purposes, be and the same is amended by striking from line five of section 1 of said Act the words Georgia Normal and Industrial

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College, and inserting in lieu thereof the words, The Georgia State College for Women, with all the powers and privileges invested in a standard college, including the power of conferring degrees; degrees to be conferred only to such as who have taken the standard college course of four years, so that said section when amended shall read as follows: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That there shall be established in connection with the State University, and forming one of the departments thereof, a college for the education of white girls, to be known as the Georgia State College for Women, with all the powers and privileges invested in a standard college, including the power of conferring degrees, degrees to be conferred only to such as who have taken the standard college course of four years. Said college shall be located, equipped and conducted as hereinafter provided. Act of 1889 amended. To be read. Name changed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with his Act be and the same are hereby repealed. Approved August 9, 1922. NURSERYMEN, ETC., LICENSING OF. No. 486. An Act for the licensing of nurserymen, dealers in nursery stock, tree surgeons, landscape architects, landscape gardeners, and horticultural experts doing business in Georgia. To prescribe the punishment or penalty for violation of this Act, to define extent of liability for damages sustained by fraud and deception in the sale of fruit, nut, shade, or ornamental trees, vines, shrubs, plants, bulbs, and roots, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That on and after thirty days from date that this Act becomes a law, it shall be unlawful for any person, firm or corporation to engage in, conduct or carry on the business of selling, dealing in, or importing into this State for sale or distribution, any nursery stock, or to act as agent, salesman or solicitor for any nurseryman or dealer in nursery stock, or to solicit orders for the purchase of nursery stock, without having first obtained from the Georgia State Board of Entomology a license to do so, and it shall be unlawful for any person to falsely represent that he is the agent, salesman, or representative of any nurseryman or dealer in nursery stock. No license shall be issued until the party applying for the same has filed with his application for the license the names and addresses of three reliable parties as reference, (in case of a nurseryman he shall give three nurserymen as references), and said application has been approved by the State Board of Entomology. A nurseryman shall state the approximate acreage of nursery stock grown by him, and the kinds of nursery stock grown by him. The annual license fee shall be $5.00 per annum for nurserymen and dealers in nursery stock, and $1.00 for agents, salesmen, and solicitors. All licenses shall be in the name of the person, firm or corporation licensed, and shall show the purpose for which issued, the name and location of the nursery or place of business of the nurseryman, or dealer licensed, or represented by the agent, salesman or solicitor licensed, and no license shall be issued to any nurseryman, agent, salesman or dealer, unless the nurseryman, represented by him when residing in the State, has had an official certificate of inspection issued by the Georgia State Board of Entomology as required in section 2130, chapter 4, page 560, volume 1, 1911, Code of the State of Georgia, and all non-resident nurserymen, unless provided with an official certificate of inspection issued by the Georgia State Board of Entomology, as required in section 2131, chapter 4, page 560 of volume 1, 1911, Code of the State of Georgia. All annual licenses shall bear the date of issue and shall expire on the 31st day of July following the date of issue. Nursery stock dealers. License. Application. Fee.

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Sec. 2. Be it further enacted by the authority aforesaid, That any person or persons contracting to render expert advice or service regarding horticultural practices, including tree surgeons, landscape architects, and landscape gardeners as a business or as a part of the value received in the sale of nursery stock, shall be required to furnish satisfactory evidence to the Georgia State Board of Entomology that he is qualified and responsible to give such expert advice or perform such service and shall be required to obtain a certificate to that effect, under the signature of the Georgia State Board of Entomology. A fee of $5.00 per annum shall be required for this certificate: Horticulturists. Sec. 3. Be it further enacted by the authority aforesaid, That the Georgia State Board of Entomology shall have the right and power to revoke any license issued under this Act, when it finds that the nurserymen, dealer, or agent, tree surgeon, landscape gardener or landscape architect is not properly representing his stock, or is not faithfully carrying out the nursery rules and regulations of the Georgia State Board of Entomology. Revocation of license. (a) All persons delivering, selling or taking orders for nursery stock, or doing tree surgery, landscape gardening, landscape architectural work, or selling horticultural advice without a license shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 1065, volume 2, of the 1910 Code of Georgia. Selling without license. Penalty. Sec. 4. Be it further enacted by the authority aforesaid, That all nurserymen, dealers, landscape gardeners, landscape architects, or horticulturists shall be required to mail to the Georgia State Board of Entomology, Atlanta, Ga., a duplicate of the complete invoice (without price) of each sale amounting to over one hundred dollars, within thirty days after date of shipment, with name and address of salesman and name and address of purchaser, name and quality of varieties of all nursery stock sold in this State, or sold for delivery in this State. Invoice duplicates. Sec. 5. Be it further enacted by the authority aforesaid,

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That any person or persons who shall deceive or defraud any person or persons in the sale of nursery stock by substituting stock other than contracted for, or different varieties or seedlings from those represented, or shall falsely represent the age, name or class, or condition of any nursery stock, or shall misrepresent by making any false statement or promise for the purpose of making a sale of nursery stock, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 1065, Vol. 2, of the 1910 Code of Georgia, and shall also be liable to the party or parties damaged or injured thereby for the original cost of stock, expenses and loss of time, and for damages sustained, the same to be recovered in any court having jurisdiction thereof, but in no case shall the total damage awarded exceed three times the original cost of that portion of the stock not true to contract. If no more than five per cent. of the stock is untrue to contract, then no damages shall be allowed by the court. Fraudulent acts. Penalty. Damages. Sec. 6. Be it further enacted, That any such suit may be maintained against any non-resident dealer, nurseryman, corporation, firm or individual in any county in this State in which the contract for the sale of such nursery stock was entered into, and that before the Board shall issue a license to any non-resident nurseryman, corporation, firm, or individual, dealer or agent to sell or deliver such nursery stock, such non-resident dealer, nurseryman, corporation, firm or individual shall file with said Board a written instrument or power of attorney duly signed and sealed, appointing and authorizing some person, who shall be a resident of this State to acknowledge or receive service or process, and upon whom process may be served, for and in behalf of such dealer, nurseryman, corporation, firm, or individual, in all proceedings that may be instituted against such dealer, nurseryman, corporation, firm or individual in any court of this State or any court of the United States in this State and consenting that service of process upon agent or attorney appointed under the provision of this section shall be

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taken and held as valid as served upon such dealer, nurseryman, corporation or firm or individual. Suits against non-resident dealers. Sec. 7. Be it further enacted by the authority aforesaid, That prosecution under this Act must commence within five years of shipment of nursery stock complained of. Prosecution, when commenced. Sec. 8. Be it further enacted by the authority aforesaid, That in order to bring suit the purchaser must within 90 days from date of shipment, file with the Georgia State Board of Entomology, Atlanta, Ga., two copies of plat showing the number of each variety, location and from whom purchased, with statement of cost. Both of said copies shall be executed before a notary public, and certified under his notarial seal. One of said copies shall be sent to the shipper by the said State Board of Entomology. Copies of plat. Sec. 9. Be it further enacted by the authority aforesaid, That any nurseryman, corporation, firm or individual selling or offering to sell any nursery stock within this State shall, before the issuance of the license to sell, file a bond with the Georgia State Board of Entomology, payable to the secretary of said Board, in the sum of $1,000.00 as required by said Board, conditioned for the payment of any valid judgment that may be recovered against such nurseryman, corporation, firm or individual in any court of law in the State having jurisdiction of the subject matter, growing out of a breach by the vendor of any of the terms and agreements of any sale of such nursery stock, that said bond shall be maintained at the sum so named by said Board; that said bond shall run for a period of three years. Bonds of nurserymen. Sec. 10. Be it further enacted by the authority aforesaid, That should any section or sections of this law be declared unconstitutional, it shall not effect the other section or sections of this law. Constitutional law. Sec. 11. Be it further enacted by the authority aforesaid, That for the purpose of this Act the following terms used in the Act shall be construed as follows:

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(a) The singular and plural forms of any word or term in this Act shall be construed as interchangeable and equivalent within meaning of this Act. Singular and plural interchangeable. (b) The term person shall include corporations, companies, societies, associations, partnerships, or any individual or combinations of individuals. When construing or enforcing the provisions of this Act, omission or failure of any officer, agent, servant or other individual acting for or employed by any person as above defined within the scope of his employment or office, shall in every case be also deemed to be the act, omission or failure of such person, as well as that of the individual himself. Person defined. (c) The terms, nursery stock shall include all field grown florist stock, fruit, nut, and ornamental trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits and other seeds of fruit and ornamental trees, when used for planting purposes, and shrubs and other plant products for propagation, except field, vegetable and flower seeds. Nursery stock defined. (d) The term nursery shall be construed to mean any grounds or premises on or in which nursery stock is propagated and grown for sale, or any grounds or premises on or in which nursery stock is being fumigated, treated, packed, or stored. Nursery defined. (e) The term nurseryman shall mean the person who owns, leases, manages, or is in charge of a nursery. Nurseryman defined. (f) The term dealer shall be construed to apply to any person not a grower of nursery stock who buys nursery stock for the purpose of re-selling and re-shipping, independent of any control of a nursery. Dealer defined. (g) The term agent shall be construed to apply to any person selling nursery stock under the partial or full control of a nurseryman or of a dealer or other agent. This term shall also apply to any person engaged with a nurseryman, dealer or agent in handling nursery stock on a cooperative basis. Agent defined.

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Sec. 12. All money derived from the sale of any licenses mentioned in section 1 and section 4 of this Act, and all fines paid shall be turned into the State Treasury. Money from licenses. 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 16, 1922. PUBLIC SANITATION IN CERTAIN COUNTIES. No. 369. An Act to authorize counties having a population of over 150,000, according to the present or any future United States Census, to provide for necessary public sanitation by contracting with or delegating authority to cities or health organizations, committes or boards; to authorize appropriations 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 counties having a population of over 150,000 as determined by the present or any future census of the United States, be and they are hereby authorized and empowered to provide for public sanitation by contracting with any city within the county or with health and sanitary organizations for the protection of the public health and the detection, prevention and cure of disease and for the general sanitary welfare of the public and to appropriate money therefor. Contracts. Sec. 2. Be it further enacted, That any such county may delegate authority to or contract with any city within the county or any health organization or a joint committee or board, selected by said county and representing it and the said city and such organization, to use such funds as may be appropriated by said county for the detection, prevention, treatment and cure of disease and for the general

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welfare of the health of the public, and authority is hereby granted to such county to make appropriations of money for such purposes; it being the intent of this provision to enable such counties to appropriate from the funds of such counties money for the necessary sanitation of the county as herein provided. County appropriations. Sec. 3. Be it further enacted, That said counties, with respect to all things herein mentioned, may act by and through their officers authorized to act in such matters, whether they be ordinaries, commissioners of roads and revenues, or any other officer or officers whatsoever; and said cities by and through their respective mayors and councils or other officer or officers authorized to act in such matters. Authorized officers. Sec. 4. Be it further enacted, That if any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid and other parts of this Act shall be unaffected thereby and shall remain of full force and effect. Constitutional law. Sec. 5. 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 11, 1922. RAILROAD COMMISSION CHANGED TO PUBLIC SERVICE COMMISSION. No. 539. An Act to change the name of the Railroad Commission of Georgia, to the Georgia Public Service Commission, to revise, enlarge and define the duties and powers of, what shall, after the passage of this Act be known as the Georgia Public Service Commission; to provide a fee to be collected from all public utilities companies for the maintenance of said Commission; to give said Commission

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authority to employ such experts, clerks, statisticians, engineers, secretary and such other help, as in the opinion of the Commission may be necessary and to fix the compensation of each; to provide rules of procedure, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage and approval of this Act the name of the Railroad Commission shall be, and the same is hereby changed to that of the Georgia Public Service Commission; that all of the authority, rights, powers, duties, privileges and jurisdiction of the Railroad Commission of Georgia are hereby expressly conferred upon the Georgia Public Service Commission as fully as if so named in any laws of this State; that all actions and proceedings now or hereafter pending in the name of the Railroad Commission shall survive; and be continued, heard and determined by and in the name of Georgia Public Service Commission; and that no rights, privileges, immunities or appropriations granted to or made in behalf of the Railroad Commission of Georgia shall merge, lapse, or be lost by reason of such change of name, but shall be conferred, transferred and imposed upon the Georgia Public Service Commission. Change of name. Sec. 2. The Commission shall have power to employ during its pleasure, such officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees as it may deem necessary to carry out the provisions of this Act, or to perform the duties and exercise the powers conferred by law upon the Commission. The compensation of such officials and all other employees shall be fixed by the Commission at such sum as it may deem reasonable and proper. Employees and officials. Sec. 3. That the Commission shall prescribe the rules of procedure and for taking of evidence in all matters that may come before it. In the investigations, preparations and hearing of cases, the Commission shall not be bound by the strict technical rules of pleading and evidence, but it

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may exercise such discretion as will facilitate its efforts to ascertain the facts bearing upon the right and justice of the matters before it. In all formal cases heard and determined, when deemed needful, the Commission shall render an opinion, setting out the issues involved in the case, and its decision ruling and finding thereupon. Procedure. The Public Service Commission shall conduct hearings and investigations in different parts of the State, when, in the opinion of the Commission, such hearings will best serve the interest and convenience of the public. Hearings. Sec. 4. A full and complete record shall be kept of all proceedings had before the Commission, on any formal investigation had and all testimony shall be taken down by the official reporter appointed by the Commission. Record. Sec. 5. The Commission, or any party, may, in any investigation, cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law, for like depositions in civil actions in civil courts. Deposition of witnesses. Sec. 6. There shall be paid by all public service corporations, or utilities, subject to the jurisdiction of the Public Service Commission, a special fee in addition to those now required by law. Such fee shall be fixed by the Comptroller-General of Georgia, upon each of such public service corporations or utilities, according to the value of its property, as ascertained by the last preceding State tax assessment, and shall be apportioned among such public service corporations or utilities, upon the basis of such valuation, so as to produce a revenue of seventy thousand ($70,000.00) dollars per annum, or so much thereof, as may be necessary, which shall be paid on or before the 20th day of January in each year. The Comptroller-General shall notify each public service corporation or utility of the State of the amount due by it under the provisions of this Act, not later than December 1st of each year, and said fee shall be paid to the State Treasurer on or before the 20th day of January as above provided; such sum of seventy thousand ($70,000.00) dollars, or so much thereof as may be

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necessary, is hereby appropriated and set aside for the purpose of paying the salaries, compensation, costs and expenses of the Public Service Commission, its members and employees, and the public utility counsel above provided, and no other sum shall be appropriated therefor. Public service corporations. Fees. In case of default in payment by any public service corporation, company or person of such fee as provided in this section, the Comptroller-General shall proceed to collect the same, in the same manner as franchise taxes are now collected. Default. Sec. 7. The annual salary of each Commissioner and of the Chairman of the Commission shall be as at present provided by law, including the special attorney now provided by law, whose term of office and appointment shall continue as heretofore, except that the special attorney's salary shall be four thousand ($4,000.00) dollars per year. All officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees of the Commission shall receive such compensation as may be fixed by the Commission, and the salaries as fixed by the Commission for the officers, experts, engineers, statisticians, accountants, inspectors, clerks and other employees and as fixed by this Act for Commissioners, shall be paid monthly from the funds provided for the use of the Commission, after being approved by the Commission. Salaries. All expenses incurred by the Commission pursuant to the provisions of this Act, including the actual and necessary traveling and other expenses and disbursements of the Commissioners, their officers and employees incurred while on business of the Commission shall be paid from the funds provided for the use of the Commission, after being approved by the Commission. Expenses. The funds assessed and collected as hereinbefore provided for shall be specially designated as the Public Service Commission Fund, and shall be expended only and exclusively as herein provided and directed. Public service commission. Fund. Sec. 8. Be it further enacted by the authority aforesaid,

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That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved August 21, 1922. ROAD TAX IN CERTAIN COUNTIES. No. 354. An Act to amend an Act approved August 7th, 1920, entitled An Act to amend an Act approved August 18th, 1916, entitled `An Act to amend an Act approved August 21st, 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 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 number of days work required on the public roads of said county,' and to provide that in counties having a population of not less than 18,690, nor more 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

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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, and for other purposes, by striking from section 4 of said Act the figures 18,690, as same appear in the fourth line of said section, and inserting in lieu thereof the figures 23,400; by striking from section 4 of said Act the figures 18,750, as same appear in the fourth line of said section, and inserting in lieu thereof the figures 23,365, and by striking the words By the census of 1910, as same appear immediately after the figures 18,750 in the fourth line of section 4 of said Act and inserting in lieu thereof the words according to the last available census, and for other purposes. Section 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 4 of an Act entitled An Act to amend an Act approved August 18th, 1916, entitled `An Act to amend an Act approved August 21st, 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 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 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,' and to provide that in

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counties having a population of not less than 18,690, nor more 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, and for other purposes, be and the same is hereby amended by striking from section 4 of said Act the figures 18,690, as same appear in the fourth line of said section, and inserting in lieu thereof the figures 23,400; by striking from section 4 of said Act the figures 18,750, as same appear in the fourth line of said section, and inserting in lieu thereof the figures 23,365, and by striking the words by the census of 1910, as same appear immediately after the figures 18,750 in the fourth line of section 4 of said Act, and insert in lieu thereof the words according to the last available census, so that said section, when amended, shall read as follows: 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 23,400, nor less than 23,365, according to the last available census, 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 person in said county. Act of 1920 amended. 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 8, 1922.

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SCHOOL CODE AMENDED; TEXT-BOOKS IN CERTAIN COUNTIES. No. 474. An Act to amend an Act codifying the School Laws of Georgia approved May 19, 1919, by adding to section 18, article 8, line 13, the following words: The elementary rudiments of vocal music. This bill shall apply only to counties having a population of not less than 14,598, and a population of not more than 14,600, according to the last available census. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act, that article 8, section 18, of an Act approved August 19, 1919, being the codification of the school laws of Georgia, be amended by adding in line 13, of said section, on page 295 of the Acts of 1919, between the word government and the word and, the following words the elementary rudiments of vocal music so that said section when so amended shall read as follows: Act of 1919 amended. Section 18. Uniform Text Books Prescribed. A uniform series of text books shall be used in all the common schools of this State, to be adopted in the manner and for the time hereinafter provided, which uniform series of books shall be in use in all the common schools of this State, and shall include the following elements of an English education only to wit: Orthography, reading, writing, arithmetic, geography, English language lessons, English grammar, History of Georgia, containing the Constitution of the State of Georgia, History of the United States, containing the Constitution of the United States, physiology and hygiene, the elementary principles of agriculture and civil government, the elementary rudiments of vocal music, and such other branches of study in addition to the above mentioned, as may be from time to time provided by statute, and not conflicting with the Constitution of this State, provided that none of said text books so adopted shall contain

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anything of a partisan nature or sectarian character, and provided that no county, city or town, that levies a local tax for the purpose of maintaining a system of graded schools, which local tax, together with the State fund, is sufficient to maintain said system of graded schools, for as long a period as eight months in each year shall be included in the provisions of this article, but if the duly constituted authorities in charge of any local system in this State should desire to use any of the books selected by said School Book Commission, the local system shall have the privilege of buying the books at the same price and on the same terms at which they are furnished to the common schools of the State. Sec. 18 read. Vocal music. Sec. 2. Be it further enacted by the authorities aforesaid, That this bill shall apply only to counties having a population of not less than 14,598, and a population of not more than 14,600, according to the last available census. Applicable to what counties. 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, 1922. SCHOOL CONSOLIDATION; ACT OF 1919 AMENDED. No. 563. An Act to amend section 1 of 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. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Sec. 1 of Act No. 334, page 287, of the Acts of 1919, be amended by striking the figures 1920 in line three and inserting in lieu thereof the figures 1923, and striking the words and figures one hundred thousand dollars ($100,000) in lines four and five and inserting the words

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and figures two hundred thousand dollars ($200,000), so that said section when so amended will read as follows: Act of 1919 amended. Beginning with the year 1923 the State Superintendent of Schools shall set aside two hundred thousand dollars ($200,000) or so much thereof as may be necessary, from the funds derived from the General School Fund, to aid in the establishment and maintenance of consolidated schools in every county of the State. Where the county authorities by combining smaller schools in whole or in part into a consolidated school with at least four teachers, and where evidence of this fact is furnished by the County Superintendent and Board of Education, the State Superintendent of Schools shall be authorized to transmit five hundred dollars ($500.00) annually, toward the support of this school. If, in addition, the local school authorities provide for a standard four-year high school, one thousand dollars ($1,000.00) in addition shall be given from the fund before mentioned, which shall be used to aid the local authorities in payment of the salaries of the principal and at least one assistant high school teacher. General school fund. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 21, 1922. SCHOOL HOUSE BOND ELECTIONS IN CERTAIN COUNTIES. No. 305. An Act to provide the time for opening and closing the polls in elections for or against school house bonds in certain counties, and for 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 in elections for or against school house bonds

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as provided in an Act entitled an Act to codify the school laws of Georgia, approved August 19th, 1919, as the same appears on pages 347 to 349 inclusive of the Georgia Laws of 1919, in section 145 thereof; That in counties having a population of 100,000 or more, according to the last census, the pools in such elections shall remain open for the purpose of voting for or against school bonds, as provided in said section, from seven A.M. until seven P.M. Polls, when open. Sec. 2. Be it further enacted by said authority, That all laws and parts of laws in conflict herewith are repealed. Approved July 25, 1922. SCHOOL TAX ELECTIONS. No. 395. An Act to provide for the election prescribed by paragraph 1, section 4, article 8 of the Constitution of the State of Georgia to determine whether a levy for public school taxes shall be made additional to the levy of the maximum tax of five (5) mills on the dollar allowed by the said Constitutional provision to be made on recommendation of Boards of Education without an election; and to provide how said additional tax shall be levied when authorized by the necessary vote. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That whenever the voters in a county, municipality, school district, or in an independent local system, desire to hold an election in pursuance of paragraph 1, section 4, article 8 of the Constitution of the State of Georgia, to determine whether a levy for public school taxes shall be made additional to the levy of the maximum tax of five (5) mills on the dollar allowed by said Constitutional provision to be made on the recommendation of Boards of Education without an election, such election shall be called, held and the result declared for counties in the manner prescribed

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in section 1534 of the Code of the State of Georgia of 1910 and the Acts amendatory thereof, and for school districts and independent local systems in the manner prescribed in section 1535 of said Code, and for municipalities in the manner prescribed in the Act of the General Assembly of the State of Georgia, approved August 13, 1910, entitled An Act to authorize a certain class of municipalities to hold an election to determine the question of local taxation for the support and maintenance of public schools, to prescribe the qualifications of electors for such elections, and for other purposes. Conduct of elections. Sec. 2. Be it further enacted, That in the call for said election the additional tax proposed to be levied shall be specified; and successive elections may be held until the additional maximum tax of five (5) mills on the dollar shall be levied as permitted by said Constitutional provision. Additional tax specified. Sec. 3. If the election is carried for the levy of such additional taxes for the county, such additional tax shall be levied in the manner specified in section 1534 of the said Code and the Acts amendatory thereof. Levy of tax. Sec. 4. Be it further enacted, That an election for repealing the additional tax levied in pursuance of an election held as above may be had under the conditions prescribed by and in conformity with section 1536 of said Code and the Acts amendatory thereof. Election to repeal. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1922. SCHOOL TEXTBOOKS REQUIRED; ACT OF 1919 AMENDED. No. 561. An Act to amend an Act codifying the school laws of Georgia,

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approved May 19, 1919, by adding to section 18, article 8, line 13, the following words, The elementary rudiments of vocal music. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act, that article 8, section 18, of an Act approved August 19, 1919, being the codification of the schools laws of Georgia, be amended by adding in line 13 of said section, on page 295 of the Acts of 1919, between the words government and the word and the following words the elementary rudiments of vocal music, provided that teaching the elementary rudiments of vocal music shall be optional with the county and city boards of education and not required as in the case of the other elements of an English education, so that said section when so amended shall read as follows: Act of 1919 amended. Section 18. Uniform Textbooks Prescribed. A uniform series of textbooks shall be used in all the common schools of this State, to be adopted in the manner and for the time hereinafter provided, which uniform series of books shall be in use in all the common schools of this State, and shall include the following elements of an English education only, to wit: Orthography, reading, writing, arithmetic, geography, English language lessons, English grammar, History of Georgia, containing the Constitution of the State of Georgia, History of the United States, containing the Constitution of the United States, physiology and hygiene, the elementary principles of agriculture and civil government, the elementary rudiments of vocal music, provided, that teaching the elementary rudiments of vocal music shall be optional with the county and city boards of education and not required as in the case of the other elements of an English education and such other branches of study in addition to the above mentioned, as may be from time to time provided by statute, and not conflicting with the Constitution of this State, provided that none of said text books so adopted shall contain anything of a partisan or sectarian

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character, and provided that no county, city or town, that levies a local tax for the purpose of maintaining a system of graded schools which local tax, together with the State fund, is sufficient to maintain said system of graded schools, for as long a period as eight months in each year, shall be included in the provisions of this article, but if the duly constituted authorities in charge of any local system in this State should desire to use any of the books selected by said School Book Commission, the local system shall have the privilege of buying books at the same price and on the same terms at which they are furnished to the common schools of the State. Sec. 18 read. Vocal music. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 21, 1922. SECURITIES COMMISSION; ACT AMENDED. No. 551. An Act to amend an Act approved August 17, 1920, entitled, An Act to create and establish the Securities Commission, to provide the membership of said Commission and define the duties thereof, to define and classify securities 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, so as more fully to define, classify and regulate such securities; to provide for the license of all dealers, other than the issuers of such securities, and of their agents; to revise the fees heretofore fixed for licenses; to regulate the sale of real estate in certain cases; to give greater latitude to the Securities Commission in classifying securities and regulating their sale; to increase penalties for the violation of the Act; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act approved August 17, 1920, entitled An Act to create and establish the Securities Commission, to provide the membership of said Commission and define the duties and powers thereof, to define and classify securities 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 amended in the following particulars, to-wit: Act of 1920 amended. 1. Amendment to Section 5. By inserting after the second paragraph of said section ending with the words profit sharing certificates the following paragraph: For the purposes of this Act, the word `securities' shall further include all contracts for the sale of territorial rights for which a consideration is paid or to be paid and all contracts which entitle the purchaser thereof to receive from the vendor compensation whether the same be for services to be performed, discounts or special rates not afforded the general public on goods to be purchased, or any other compensation whatever accruing to the purchaser solely by virtue of the purchase of such contract, and by striking from said section the last paragraph beginning with The word `file' and ending with provisions of this Act and by striking from the paragraph defining the word or term dealer, the words except National Banks and its own, so that the said section when amended shall read as follows: Section 5. The words and phrases used herein shall, unless the context otherwise indicates, have the following meaning: Sec. 5 read. The word `securities' shall include stocks, bonds, debentures, notes, certificates of participation, certificates of shares of interest, pre-organization certificates and sub-scriptions, certificates evidencing shares in trust estates or associations, and profit sharing certificates. Securities defined.

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For the purposes of this Act, the word `securities' shall further include all contracts for the sale of territorial rights for which a consideration is paid or to be paid, and all contracts which entitle the purchaser thereof to receive from the vendor compensation, whether the same be for services to be performed, for discounts or special rates not afforded the general public on goods to be purchased; or any other compensation whatever accruing to the purchaser solely by virtue of the purchase of such contract. Contracts included. The word `issuer' shall include every person and every company, trust, partnership or association incorporated or unincorporated heretofore or hereafter 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. The term or word `dealer' shall be deemed to include any person, company, trust, partnership or association, incorporated or unincorporated, selling or disposing of or offering to sell or dispose of any such securities through agents or otherwise, or engage in the marketing or quotation of securities either directly or indirectly or through agents or underwriters, or any stock promotion scheme whatever. Dealer defined. 2. Amendment to Section 7, Paragraph 3. By inserting in the first line of paragraph 3 of section 7, between the word, incomes and the word which, the words, or on assets the fair market value of which in the judgment of the Commission gives the investor a reasonable margin of safety so that said paragraph when amended shall read as follows: (3) Securities based on established incomes or on assets the fair market value of which in the judgment of the Commission gives the investor a reasonable margin of safety shall be known as securities in class C. Sec. 7, par. 3 read. Securities, class C. 3. Amendment to Section 8. By striking section 8 and substituting therefor the following:

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Section 8. Securities in class A shall comprise: New Sec. 8. (1) Those issued or guaranteed by the United States or any territory or insular possession thereof or by the District of Columbia, or by any State or political subdivision or agency thereof. Class A defined. (2) Those issued or guaranteed by any foreign government with which the United States is at the time of sale or offer of sale thereof maintaining diplomatic relations, or by any State, Province or political subdivision thereof having the power of taxation or assessment. (3) Those issued by a National Bank or any Federal Land Bank or joint stock land bank or National farm loan association under the provisions of the Federal Farm Loan Act of July 17, 1916, or by the War Finance Corporation, or by any corporation created by or acting as an instrumentality of the Government of the United States pursuant to authority granted by the Congress of the United States; provided, that such corporation shall be subject to supervision or regulation by the Government of the United States. (4) Those issued by any bank or trust company, or insurance company operating under the supervision of the Insurance Commissioner of this State. (5) Those issued or granted as to principal, interest, or dividend by a corporation owning or operating a railroad or any other public service utility; provided, that such corporation is subject to regulation or supervision either as to its rates and charges or as to the issue of its securities by a public commission, board or officer of the Government of the United States, or of any State, territory or insular possession thereof or of the District of Columbia, or by the Dominion of Canada or any Province thereof. (6) Those issued by a corporation organized exclusively for educational, benevolent, fraternal, charitable or reformatory purposes, and not for pecuniary profit. (7) Those appearing in any list of securities dealt in

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on the New York, Chicago or Philadelphia stock exchange or other stock exchanges of like standing to be selected by the Securities Commission, 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. (8) Bonds or notes secured by a deed to secure debt or first mortgage lien upon real estate or leasehold where the entire deed or mortgage together with all the bonds and notes based thereon are sold or offered for sale to a single purchaser as a single sale. (9) Bills or notes evidencing the acquisition of personal property under conditional sale contracts; and, when running for a period of not more than one year, negotiable promissory notes given for full value, commercial paper, and bank acceptances. (10) Subscriptions to the capital stock of any company, incorporated or to be incorporated under the laws of this State, made and to be paid by the organizers thereof, where no commission or other remuneration is paid or to be paid for the 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. 4. Amendment to Section 9. By striking section 9 and substituting therefor the following: Section 9. Securities in class B shall comprise: Sec. 9 read. (1) Those sold by the owner or his representative for the owner's account, such sale being in the nature of an isolated transaction and not made in the course of repeated and successive transactions of a similar nature by such owner, or by such representative, and such owner or representative not being the underwriter of such securities. Class B defined.

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(2) Increased capital stock, bonds and other securities of a corporation sold by it to its stockholders or employees without the payment of any commission or expense to solicitors, agents or brokers in connection with the distribution thereof; capital stock, bonds or other securities distributed to the security holders or other creditors of a corporation in the process of a bona fide re-organization of such corporation either in exchange for the securities or claims of such security holders or creditors or partly for cash or partly in exchange for the securities or claims of such security holders or creditors; or increased capital stock distributed to stockholders as dividends out of earnings or surplus. (4) Those sold by or to any National or State bank or trust company, functioning as a bank or trust company and not engaged in dealing in securities, or insurance company doing business in this State under the supervision of the Insurance Commissioner or any public sinking fund trustees, or to any corporation or any dealer or broker in securities. (5) Those sold or offered for sale at any executor's or administrator's sale or at any sale by a receiver or trustee in insolvency or bankruptcy, or at a public sale or auction held at an advertised time and place; or sold by or for the account of a pledge holder or mortgagee selling or offering for sale or delivery in the ordinary course of business to liquidate a bona fide debt. Securities in class B when disposed of by the persons and in the manner provided by this section, shall not be subject to the provisions of this Act. This Act not applied to class B. 5. Amendment to Section 10. By adding at the end of section 10, defining securities in class C, the following paragraph: Sec. 10 amended. Provided, however, that nothing in this section shall be construed so as to prohibit the Securities Commission in its discretion from licensing in class C securities which

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are unable to meet the foregoing requirements where it is conclusively shown that the purchaser would be undergoing no greater risk than he would in the purchase of securities meeting said requirements. Class C. Risk of purchaser. 6. New Section. By inserting between sections 14 and 15, a new section to be known as section 14a which shall read as follows: Sec 14a read. Section 14a. Every dealer not the issuer engaged in the business of buying and selling securities as defined in section 5 of this Act, whether as owner, underwriter or broker, and every dealer in securities based upon real estate mortgages shall file with the Commission statements and documents as follows: Dealers' statements. (1) Giving address of applicant, principal office and branch office in Georgia, if any. Address. (2) If applicant is a corporation, names and addresses of officers and directors and a certified copy of articles of incorporation and by laws; if a co-partnership, names and addresses of active partners. Officers and directors of corporation. (3) Detailed account of the character of securities dealt in by applicant with estimated proportion of the whole falling within classes `A,' `B,' `C' and `D.' Account of securities. (4) If applicant is a subsidiary of or connected with any other corporation, firm or business, a detailed showing of the relationship or connection with such corporation, firm or business. Connection with corporation. (5) Three references, one of which shall be a bank with which applicant has an account; and such other data as applicant may deem necessary to a complete showing as to his good character, business qualifications and claim to public confidence. Refineries. Such statement shall be accompanied by a filing fee of five ($5.00) dollars and shall be verified on oath of applicant, if an individual; or by two of the partners, if a partnership;

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or by two of the officers, if a company or unincorporated association. Fee. 7. New Section. By inserting after the foregoing section an additional new section numbered 14b which shall read as follows: Sec. 14b read. Section 14b. If the Commission be satisfied with the good repute in business of such applicant, it shall, on the payment of a fee of fifty ($50.00) dollars renewable annually on the first of January of each year on a showing made that all of the provisions of this Act and the regulations of the Commission have been complied with, register such applicant as a licensed dealer or broker in securities, and shall require of such licensed dealer or broker no additional fees or statements evidencing the nature and character of the securities offered for sale by him, except, in the case of securities in class C, notice of his intention so to do, followed within such time as may be prescribed by the Commission, by a brief statement under oath showing that the security to be offered is in said class, and in the case of securities based on real estate mortgages, proof of the value of the real estate mortgaged and a sworn opinion by a reputable attorney supporting the title thereto; and such dealer or broker will not be required for himself or the issuer to file separate applications for each issue of securities in class C sold or dealt in by him: Licensing. Provided, however, that this section shall not be construed as limiting or curtailing the right of the Commission to refuse to grant or revoke a license for the sale of any securities coming within the provisions of this Act; and Right to revoke. Provided further, that the exemptions of this section shall not apply to securities in class C or to notes or bonds based upon real estate mortgages, where the Commission has good cause to believe that fuller investigation is necessary; nor to any securities whatever in class D, in all of which cases detailed statements must be filed and the license fee paid for each security as elsewhere stipulated in this Act for issuers. Exemptions.

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Non-resident applicants having no branch office in Georgia, shall before a license can issue, execute the power of attorney required in section 14 of this Act, but it shall not be necessary for each issuer of securities offered by licensed dealers to execute such power of attorney. Non-resident Applicants. If application for license is made after the thirtieth of June of any year, one-half of the annual fee shall be charged. Half fee, when chargeable. 8. Amendment to Section 15. By striking section 15 and substituting therefor the following: Sec. 15 read. Section 15. If the Commission be satisfied with the showing made in the application filed by or in behalf of any issuer and with its investigation thereof, it shall register such applicant as a licensed dealer in such security, said license to be renewable annually as hereinafter provided in the Act, upon the payment of the following fees: License. For permission to offer securities not exceeding twenty-five thousand ($25,000) dollars, twenty-five ($25.00) dollars; in amounts greater than twenty-five thousand ($25,000) dollars and not exceeding one hundred thousand ($100,000) dollars, fifty ($50.00) dollars; in amounts greater than one hundred thousand ($100,000) dollars and not exceeding two hundred thousand ($200,000) dollars, one hundred ($100.00) dollars; in amounts greater than two hundred thousand ($200,000) dollars and not exceeding three hundred thousand ($300,000) dollars, one hundred and fifty ($150.00) dollars; in amounts greater than three hundred thousand ($300,000) dollars and not exceeding five hundred thousand ($500,000) dollars, two hundred ($200.00) dollars; in amounts greater than five hundred thousand ($500,000) dollars and not exceeding one million ($1,000,000) dollars, two hundred and fifty ($250.00) dollars; in amounts greater than one million ($1,000,000) dollars, three hundred ($300.00) dollars. Fees. Such license shall be taken out at the beginning of each calendar year, but may be issued at any time for the remainder of such year and in such case the annual fees shall be reduced as follows for each expired calendar month: Time of taking license.

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For fees of twenty-five ($25.00) dollars, two ($2.00) dollars; for fees of fifty ($50.00) dollars, four ($4.00) dollars; for fees of one hundred ($100.00 dollars, eight ($8.00) dollars; for fees of one hundred and fifty ($150.00) dollars, twelve ($12.00) dollars; for fees of two hundred ($200.00) dollars, sixteen ($16.00) dollars; for fees of two hundred and fifty ($250.00) dollars, twenty ($20.00) dollars; for fees of three hundred ($300.00) dollars, twenty-four ($24.00) dollars; provided, however, that in no case the fee charged be less than ten ($10.00) dollars. All 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) days nor more than sixty (60) days next preceding such date. Reductions of fees. Renewals. This and the next preceding section shall not apply to issuers of or dealers in securities who have obtained their licenses for the calendar year of the adoption of this Act until the expiration or revocation of said license. Dealers already licensed. Amendment to Section 16. By striking section 16 and substituting therefor the following: New Sec. 16. Section 16. On such showing of good character as the Commission may require, it shall license agents of issuers of securities and of dealers and brokers therein on written application of their principals. Such agents shall pay a fee of ten ($10.00) dollars each of which five ($5.00) dollars shall be for registration and five ($5.00) dollars for a copy of the license issued to their principals, certified as such by the Chairman of the Commission, whose certificate attached to said copy shall bear the agent's name and address. All agents' licenses shall expire at the end of the calendar year during which they are issued. Employers of agents shall immediately notify the Commission when any agent is dismissed or leaves their employment, giving reasons for change of employment. Change of employment shall automatically cancel the license of any agent, but an application to the Commission by a new employer said agent may be

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registered as the agent of said new employer without the payment of an additional registration fee. Agents and employees. 10. Amendment to Section 17. By striking section 17 and substituting therefor the following: New Sec. 17. Section 17. The printed license for dealers on a form to be prepared by the Commission shall contain in bold face type the words Neither the State of Georgia nor the Securities Commission assumes any responsibility for statements made by any licensed dealer, nor recommends the securities offered by him. Besides a brief description of the securities authorized to be sold and a statement of the uses to which the proceeds shall be applied, the issuers' licenses shall bear at the top in bold face type the following language: 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 assumes any responsibility for any statement contained herein, nor recommends the securities described below.' Form and contents of license. On the petition of any licensee, with such exhibits attached thereto as may be pertinent, verified in the manner required of exhibits attached to the original statement, the Commission may take up the original license and issue in lieu thereof an amended license and a fee of $10 shall be paid for such amended license and a fee of $1 each for certified copies thereof to be supplied agents already qualified under the original license. Amended licenses. 11. Amendment to Section 22, Paragraph 1. By inserting immediately after the words, The amount of securities sold, the following words, and in the case of securities in class D, so that said paragraph when amended shall read as follows: Sec. 22, par. 1. (1) The amount of securities sold and, in the case of securities in class D, the names and addresses of the parties to whom the same were sold, the sale price thereof, and

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the amount of cash proceeds received therefor by the issuer. Amount sold, buyers, price, etc. 12. Amendment to Section 24. By striking section 24 and substituting therefor the following: Sec. 24 read. Section 24. No person, partnership or company, unless licensed so to do in the manner hereinafter provided, shall within this State deal in any interest in real estate not located in Georgia. Each and every dealer in such real estate shall first be required to file with the Commission statements and documents as follows: Real estate not located in Georgia. Statements. (1) Name and address of applicant; state whether individual, co-partnership, corporation or unincorporated association; give three references as to character and business qualifications. Name and address. (2) A description of real estate to be offered in Georgia, giving applicant's interest therein and appraisal by a disinterested party of the value thereof. Description of property. (3) Amount paid for such real estate by owner at time statement is filed, date of his acquisition thereof; certified copy of deed or deeds, together with exemplified copy of any mortgage or other encumbrance thereon; certificate of reputable attorney or responsible title guaranty company attesting the validity of the title thereto; and last returns made for State, county and (in the case of realty located in an incorporated town) city taxes. Cost, copy of deed, etc. (4) Detailed account of the manner and terms on which said real estate is to be offered in Georgia, whether as timber lands, developed or undeveloped farm property, city lots, home sites, oil or mineral leases, etc. Conditions and price. (5) Such other information and data as the Commission may require for the prevention of fraud in the disposal of said real estate. information. Other Such statement shall be accompanied by a filing fee of five ($5.00) dollars and shall be verified by the oath of the individual applicant, if an individual; or by two members

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of a firm or partnership, if a partnership; or by two officers of a company, if a company or unincorporated association. When said statement shall have been approved by the Commission, such applicant shall be granted a license to deal in such real estate upon the payment of a fee of fifty ($50) dollars renewable annually on the first day of January of each calendar year. At any time during the year for which license is granted, a dealer in such real estate may be authorized to offer for sale additional tracts of real estate on filing with the Commission statements and documents regarding such real estate verified as in the case of the original statement and accompanied by a fee of ten ($10.00) dollars. The same provisions as to registration and fees for agents offering securities shall also be applicable to agents of dealers in real estate lying outside of this State. Filing fee. License. Fee. Additional tracts. 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 of his own property by any owner or by his representative for the owner's account 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. Title, where held. 13. New Section. By inserting between sections 24 and 25 a new section to be known as section 24a as follows: Section 24-a read. Section 24a. The provisions of the foregoing section shall apply to the sale or offer of sale of real estate located in Georgia in the case of oil, gas and mineral leases and of subdivisions of larger tracts to be offered as city or suburban lots, or as fractional portions thereof planted in nuts or fruits commonly known as orchard units, or as small farms for colonizing purposes, when said lots or tracts are offered outside of the county in which the land is located. Preceding section applicable to certain real estate in Georgia. Provided, however, that it shall not apply to the offer of lots of a city or territory suburban thereto in any of the counties included in such city or suburban territory; nor

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to the offer of tracts as orchard units or small farms in any of the counties of the location of the larger tract subdivided to form such orchard units or farms; nor to the advertisements of such offers in a newspaper published in any county in which the offer or sale is exempt from the provisions of this Act. Amendment to Section 27. By striking section 27 and substituting therefor the following: New section 27. Section 27. The Securities Commission shall have the power to make such rules and regulations from time to time as it may deem necessary and proper for the enforcement of this Act; provided, however, that any party affected adversely by any ruling of the Commission shall have the right of appeal within thirty (30) days thereafter to the Superior Court of Fulton County. Rules and regulations. Appeals. The Commission shall at such times as it deems advisable and whenever it may have reason to believe that fraud is being or about to be perpetrated, 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. The Commission, in making investigations may by subpoena compel the attendance of witnesses and the production of books and papers before it relating to any matter as to which it has jurisdiction under this Act. Any member of this Commission or the chief examiner shall have the power to administer oaths. Such subpoena may be issued by any Commissioner or the chief examiner and shall be served in such manner as the Commission may provide, so long as the provisions of law relative to service of subp[UNK]nas in a court of law shall apply to subp[UNK]nas issued under this Act, in so far as they are possible. Witnesses, when testifying under subp[UNK]nas from the Commission, shall be allowed the same fees and expenses as are allowed witnesses testifying before the Railroad Commission, such fees to be charged against the party at whose investigation the

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witness was subp[UNK]naed or against the funds of the Commission to be paid out on the order of the Chairman. In case any person shall willfully fail or refuse to obey such subp[UNK]na, it shall be the duty of the Judge of the Superior Court of any county, upon application of the Commission, to issue an attachment for such witness and compel him to attend before the Commission or the chief examiner and give his testimony upon such matters as shall be lawfully required by the Commission, and said court shall have the power to punish for contempt as in other cases of refusal to obey the process and order of said court. Investigation of business. The Commission shall have the right to delegate to the chief examiner, who shall be its administrative officer, such powers and duties as it may see fit, and the acts of the chief examiner shall be regarded as the acts of the Commission when approved by that body. Chief examiner. 15. Amendment to Section 28, first paragraph. By adding at the end of said paragraph the following: Provided, that the Commission may within its discretion withhold from the public such matters of a private and confidential nature as may be required by it of licensees in the administration of the law and exhibit them to such persons only as can show that they have a legal right thereto, so that said paragraph when amended shall read as follows: Section 28 amended. Section 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; provided, that the Commission may within its discretion withhold from the public such matters of a private and confidential

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nature as may be required by it of licensees in the administration of the law and exhibit them to such persons only as can show that they have a legal right thereto. Matters withheld from public inspection. 16. New Section. By inserting between sections 35 and 36 the following new section to be known as section 35a: Section 35-a read. Section 35a. Any dealer in securities or issuer of securities in class `C' as defined in this Act, his agent, broker, solicitor, officer, director, or other person who shall sell or offer securities for sale without first having obtained a license so to do shall be guilty of a misdemeanor and on conviction therefor shall be punished as prescribed in section 1065 of the Penal Code of Georgia, 1910. Selling without license. In addition to the penalty above provided, the Commission may through the Attorney-General apply to the Superior Court of the county of the residence of any dealer for an injunction against such dealer who shall offer or sell securities without first securing a license so to do or who shall continue to offer or sell securities after his license has been revoked or not renewed; and the court shall, on proof of the findings presented by the Attorney-General for the Commission, issue an order declaring the business of such dealer to be a public nuisance and restraining him from further exercise thereof for such time as the court may deem necessary and proper. Penalty. 17. New Section. By inserting immediately after the foregoing an additional new section to be known as section 35b as follows: Section 35b read. Section 35b. That in any suit, complaint, information, indictment, or other writ or proceeding, civil or criminal, laid or brought under this Act, it shall not be necessary to negative any of the exemptions provided by this Act; and the burden of proof of any such exemption claimed by the defendant shall be upon the defendant. Exemptions. 18. Amendment to Section 36. By striking said section and substituting in lieu thereof the following: New section 36.

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Section 36. Any issuer, dealer, broker, solicitor, agent or other person who shall sell or offer for sale any securities coming within class `D' as defined in this Act, or real estate coming within its provisions, without having first secured a license so to do in accordance with the terms and provisions of this Act, shall be guilty of a felony, and on conviction therefor shall be punished by imprisonment in the State Penitentiary for not less than two years nor more than five years. Selling without license. The publisher of any newspaper who shall print any advertisement offering for sale securities in class `D' aforesaid, the issuer of which has not before submitting such advertisement, secured a license from the Commission to offer such securities and who has not complied with section 23 of this Act in the writing of such advertisement, shall be guilty of a misdemeanor and on conviction therefor shall be punished as prescribed in section 1065 of the Penal Code of Georgia, 1910. Advertisements of illegal sales. Penalty. 19. Amendment to Section 37. By striking section 37 and substituting therefor the following: New section 37. Section 37. Any former licensee, whether issuer, dealer, or agent, who shall sell or offer for sale any securities or real estate in violation of the provisions of this Act after his license shall have been revoked or shall have expired and not have been renewed, shall be guilty of a felony and, on conviction therefor, shall be confined in the State Penitentiary not less than two nor more than five years; any applicant or licensee who shall knowingly file with the Commission any false affidavit shall be guilty of false swearing and on conviction therefor shall be punished as prescribed in section 262 of the Penal Code of Georgia, 1910. Selling without license revoked. 20. New Section. By inserting between sections 37 and 38 a new section to be known as section 37a as follows: Section 37 a read. Section 37a. The Commission may in its discretion grant the application of a licensee of another State having requirements to be met preliminary to the offering of securities

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in said State substantially equivalent to those of this Act, on the filing by such applicant of a transcript of the record and documents filed with such other State together with a copy of the license issued him where a license is required, certified as correct by the proper official of said State, and on the payment of the necessary fees. Non-resident applicants. Provided, that said State shall grant the same privilege to applicants who are Georgia licensees; and provided, further, that an investigation of such applicant has been made by said State department within a period of not more than six months prior to the filing of such application with the Georgia Commission. 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 21, 1922. SHERIFFS, RAILROAD PASSES TO. No. 476. An Act to allow common carriers, operating and doing business in this State, to issue annual passes to sheriffs and their lawful deputies, and for 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 lawful for all common carriers operating in this State to issue annual passes to all sheriffs of this State and their lawful deputies; provided, that the term sheriffs and their lawful deputies as used in this Act shall mean one sheriff and one lawful deputy for each county of this State. Provided, further, that whenever any sheriff or deputy shall travel on such free pass, such sheriff or deputy shall have no right to charge or collect, from any source, railroad fare covering such trip. Passes lawfully issued.

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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 August 16, 1922. SOUTH GEORGIA STATE NORMAL COLLEGE CHANGED TO GEORGIA STATE WOMAN'S COLLEGE. No. 371. An Act to change the name of the South Georgia State Normal College, a branch of the University of Georgia, established by an Act approved August 18, 1906, and situated at Valdosta, 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 aforesaid college now known as the South Georgia State Normal College, be after the passage of this Act named and known as the Georgia State Woman's College at Valdosta. Change of name. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and hereby are repealed. Approved August 11, 1922. STATE AGRICULTURAL AND MECHANICAL SCHOOL ESTABLISHED. No. 485. An Act to provide for the establishment and maintenance of a School of Agriculture and Mechanics Arts in 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 by the authority of the same, That the Governor is hereby authorized to establish and cause to be maintained in some county as hereinafter provided, a School for Agriculture and Mechanic Arts for the training of Negroes in this State. School for negroes established. Sec. 2. Be it further enacted by the authority aforesaid, That the Trustees of the School authorized by this Act shall be seven in number of which the Governor and the State Superintendent of Schools shall be ex-officio members. The other five shall be appointed by the Governor either from the County in which the School is located or from the State at large, at his discretion. In addition to the seven Trustees mentioned, the board shall have the right to elect two honorary trustees from within or without the State for a term of five years. The five trustees appointed by the Governor shall be appointed for one, two, three, four and five years, respectively, and their successors be appointed for a full term of five years. The honorary trustees named by the board shall be appointed for a like term of office. Trustees. Sec. 3. The Governor, together with the Attorney-General and the State Superintendent of Schools, shall be authorized to receive from any county or any of the citizens thereof, a donation of a tract of land in such county, in a quantity deemed by them sufficient for the purpose on which to erect the school together with any additional donation in the way of buildings or money. If there are two or more offers, the Governor, the Attorney-General, and State Superintendent of Schools shall select the location, taking into consideration its centrality relative to the geographical center of the State, its value and suitability for the purposes, intended. Tract of land. Offers. Sec. 4. Be it further enacted, That all the provisions of the Act approved August 18, 1906, entitled An Act to provide for the establishment and maintenance of schools of agriculture and mechanic arts in the respective congressional districts of this State, and all amendments thereto,

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shall apply to the school established by this Act, in the same manner and to the same extent as said Act provides for the schools referred to in said Act except as otherwise provided, in this Act, except so far as said acts carry appropriations for said schools; provided that no funds shall be asked of the State for the support of said school. Act of 1906 applicable. Appropriations excepted. 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, 1922. STATE AID ROADS IN CERTAIN PLACES. No. 544. An Act to amend an Act entitled An Act to reorganize and reconstitute the State Highway Department of Georgia and to prescribe the duties and powers thereof. To create a system of State Aid Roads and provide for the designation, maintenance, improvement and construction of the same. To create and provide for a State Aid Road and for the control and management thereof; to provide for the paving of said State Aid Roads by the State, or co-operation with the County or with the United States Government; to provide for assistance to counties upon the public roads thereof and in retiring road bonds, to assent to the provisions of the Act of Congress, approved July 11, 1916, known as the `Act to provide that the United States shall aid the State in the construction of rural post roads and for other purposes;' in order to provide for construction and maintenance of State Aid Roads within the corporate limits of certain towns and cities, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That provision 5, section 5, article 5 of Georgia Laws of 1919, and amendments thereto Act 1921, to reorganize

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and reconstitute the State Highway Department of Georgia and to prescribe its powers and duties be amended by adding at the end of said provision, section and paragraph the following: Provided said State Highway Board is authorized to construct and maintain State Aid Roads in and through towns or cities of not more than twentyfive hundred people. Acts of 1919 and 1921 amended. State Aid Roads, where constructed. 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 21, 1922. STOCK, NON PAR; ISSUE BY CERTAIN CORPORATIONS. No. 555. An Act to permit all corporations heretofore or hereafter incorporated by the Secretary of State of this State, except insurance, banking, and trust companies, to increase their capital stock by the issuance of non-par stock, and to provide for the sale of such non-par stock, subject to the consent of the Railroad Commission of Georgia. Section 1. Be it enacted that any corporation heretofore or hereafter incorporated by the Secretary of State of this State, except insurance, banking, and trust companies, shall have the right to increase its capital stock by the issuance of non-par stock to such a number of shares as it shall see fit, provided: That in no case shall an increase be made except by a vote of two-thirds of the capital stock, at the time outstanding, represented, either in person or by proxy, at an annual or special meeting of stockholders called for the purpose, and after each stockholder has been notified in the manner, if any, prescribed for giving notice of stockholders' meetings in the by-laws of the corporation, and in addition to such notice there shall be published in some newspaper in the town or city where the principal

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office of said corporation is located, once a week for four weeks prior to the time of holding said meeting, a notice stating that at said meeting an increase of the stock of the company will be considered. Insurance, banking and trust companies excepted. Vote of twothirds of capital stock. Notice. Sec. 2. Be it further enacted that subject to the laws creating and defining the duties of the Railroad Commission of Georgia, such corporation may issue and may sell its authorized shares without nominal or par value, from time to time, for such consideration as shall be fair value of such shares, and in the absence of fraud in the transaction, the judgment of the board of directors as to such value shall be conclusive; or for such consideration as shall be consented to or approved by the holders of a majority of shares then outstanding at any meeting called in the manner prescribed by the by-laws, provided, the call for such meeting shall contain notice of such purpose. Any and all shares issued as permitted by this section shall be deemed fully paid and non-assessable, and the holder of such shares shall not be liable to the corporation or to its creditors in respect thereto. Issue of stock. Value. Sec. 3. Be it further enacted that the passage of this act shall not repeal existing laws, but this act shall grant an additional right to such corporations. Approved August 21, 1922. STOCK, PAR AND NON-PAR, OF CERTAIN CORPORATIONS. No. 541. An Act to permit all corporations now incorporated by the Secretary of State, except insurance, bank and trust companies, to issue non-par stock, or partly non-par and partly par stock, and the organization of such corporations upon the sale of aid stock, to provide for the sale of said stock, par and non-par, and for other purposes.

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Section 1. Be it enacted that from and after the passage of this Act, all corporations hereafter to be chartered by the Secretary of State, except insurance, bank and trust companies, shall have and are hereby given the power to issue non-par stock wholly or in part. Insurance, banking, and trust companies excepted. Sec. 2. Be it further enacted that either of such corporations seeking a charter from the Secretary of State, if it desires the power to issue non-par stock, shall set out in its petition, instead of the amount of the proposed capital stock, the number of shares of stock that it is proposed to issue, designating the number of par and the number of non-par stock, and where it is now recited, the petition shall allege that petitioners do intend in good faith to go forward without delay to secure subcriptions to the capital stock, in lieu thereof that petitioners do intend in good faith, to go forward without delay to sell or secure subscriptions to the capital stock. Petitions. Sec. 3. Be it further enacted that in case such corporation desires to issue only non-par stock, it shall not be necessary, before such corporation shall organize and begin business, to open subscriptions for said stock, but that said corporation shall be empowered to sell said stock as hereinafter provided for. Corporations issuing only non-par stock. Sec. 4. Be it further enacted that wherever in the present form of order of incorporation by the Secretary of State, its amount of capital stock is certified or stated, in lieu thereof, when any such corporation shall seek incorporation with non-par stock, there shall be stated in the certificate the number of shares of stock par and non-par. Statement in certificate. Sec. 5. Be it further enacted that such corporations as issue par and non-par stock shall not begin the transaction of business until the par stock has been subscribed for and ten per cent thereof paid in. Transaction of business. Sec. 6. Be it further enacted that, subject to the laws creating and defining the duties and powers of the Railroad Commission of Georgia, such corporations may issue and

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may sell its authorized shares without nominal or par value, from time to time, for such consideration as in the judgment of its incorporators or its board of directors, may be the fair value of such shares, and, in the absence of fraud in the transaction, their judgment as to such value shall be conclusive; or for such consideration as shall be consented to or approved by the holders of a majority of shares then outstanding at any meeting called in the manner prescribed by the by-laws, provided the call for such meeting shall contain notice of such purpose. Any and all shares issued as permitted by this section shall be deemed fully paid and non-assessable, and the holder of such shares shall not be liable to the corporation or to its creditors in respect thereof. Sale of stock. Value. Sec. 7. Be it further enacted that such corporations except as herein provided, shall each be incorporated by the Secretary of State in form and manner as now prescribed and shall each have the powers and privileges and be subject to the duties and liabilities as are now provided by existing laws. Incorporation. Sec. 8. Be it further enacted that all laws and parts of laws militating against this Act be and the same are, hereby repealed. Approved August 21, 1922. SUPPORT OF PAUPERS IN CERTAIN COUNTIES. No. 386. An Act to authorize additional ways whereby counties having a population of over one hundred and fifty thousand, according to present or any future United States census, may provide for the support of paupers by contracting with or delegating authority to cities, charitable organizations, committees or boards; to authorize appropriations therefor, to define the word pauper 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 counties having a population of over 150,000, as determined by the present or any future census of the United States, be and they are hereby authorized and empowered, in addition to the ways now authorized by law, to provide for the support of paupers by contracting with any city within the county, or with charitable organizations, or both, for the support, in whole or in part, in institutions of paupers as herein defined and to appropriate money therefor. Institutions and appropriations. Sec. 2. Be it further enacted, That any county may delegate authority to, or contract with, any city within the county, or a charitable organization, or both, or a joint committee or board, selected by said county and representing it, the said city, and such charitable organization, to administer relief to paupers in their homes, from funds appropriated by the county, and authority is hereby granted to said county to make such appropriation; it being the intent of this provision to enable said counties to economize in the administration of poor relief and to procure for those in need the benefits of trained and experienced service, to the end that they may be helped to help themselves, and the county thereby relieved of their further support. Delegation of county authority. Sec. 3. Be it further enacted, That said counties, with respect to all things herein mentioned, may act by and through their officers authorized to act in such matters, whether they be ordinaries, commissioners of roads and revenues or any other officer or officers whatsoever; and said cities by and through their respective mayors and councils or other officer or officers authorized to act in such matters. Authorized officers. Sec. 4. Be it further enacted, That the word pauper as herein used, shall mean any person who is not able to maintain himself or herself by labor and who has not sufficient means therefor; and, in the case of children, one who has no legal source of support from which he or she can be maintained. Pauper defined.

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Sec. 5. Be it further enacted, That if any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid and other parts of this Act shall be unaffected thereby and shall remain of full force and effect. Constitutional law. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this law be and the same is hereby repealed. Approved August 11, 1922. TAX COLLECTIONS IN CERTAIN COUNTIES. No. 307. An Act to authorize and empower county commissioners in all counties having therein or that may hereafter have therein a city with a population of not less than 100,000 nor more than 150,000 inhabitants to adopt rules and regulations permitting taxpayers to pay county taxes quarterly or semi-annually; to require tax collectors to carry out such regulations, and for other purposes. Section 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, ordinances or county commissioners charged with the fiscal affairs of counties in this State having therein, or that may hereafter have therein a city with a population of not less than 100,000, nor more than 150,000 inhabitants are hereby authorized and empowered to enact and adopt reasonable rules and regulations whereby the taxpayers of their respective counties may be permitted to pay their county taxes quarterly, or semi-annually, as the said county officers may seem best. Quarterly and semi-annual payments. Sec. 2. Be it further enacted that the tax collectors of such counties shall carry out such regulations when so adopted. Tax collectors.

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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 July 26, 1922. TAX-COLLECTORS IN CERTAIN COUNTIES; ACT OF 1919 REPEALED. No. 452. An Act to repeal the Act approved August 18, 1919, entitled an Act to make tax collectors of counties in the State of Georgia having a population of not less than six (6) thousand people and not more than seven (7) thousand people according to the census of the United States as taken for the 1910 ex-officio sheriffs for said counties, in so far as to enable tax collectors to collect the taxes due the State and county by levy and sale under tax executions and to give said tax collectors all of the powers of sheriffs, in so far as relates to the levy of said fi fas, and sales thereunder 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 18, 1919 entitled an Act to make tax collectors ex-officio sheriffs in certain counties be, and the same is hereby repealed. Ex-officio sheriffs. Act repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922. TERMPERANCE DAY, OBSERVANCE OF IN SCHOOLS. No. 507 An Act to provide for the observance of Temperance Day

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in the Public Schools of the State of Georgia, to fix said day, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and by the authority of same it is hereby enacted, that from and after the pasage of this Act, the fourth Friday in March of each year, being the nearest Friday to March 28th, the date upon which prohibition went into effect, shall be designated and known as Temperance Day in the public schools of this State. Temperance Day designated. Sec. 2. On Temperance Day at least two hours shall be devoted in the public schools of this State to a program, which shall be educational in nature, teaching the good of temperance and prohibition, and the evils of intemperance and disobedience to law. Schools. Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 19, 1922. TUBERCULOSIS SANATORIUM; MAINTENANCE AND REGULATION. No. 566. An Act to authorize the proper authorities of any and all towns, municipalities, cities and counties in the State of Georgia, to appropriate from the charity funds of each public moneys to be expended in the construction, maintenance and operation of the State Sanatorium for Tubercular Patients; to provide rules and regulations governing the construction, maintenance and operation of the State Sanatorium for Tubercular Patients, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act,

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it shall be lawful for the towns, municipalities, cities and counties of this State to appropriate and expend public moneys set apart as charity funds for the purpose of enlarging, maintaining and operating hospital facilities at the State Sanatorium for Tubercular Patients, at Alto, Banks County, Georgia, and such sums of money, appropriated or other property contributed shall be in addition to the moneys annually appropriated by the General Assembly of the State of Georgia for such purposes. Appropriations and contributions. Sec. 2. Be it enacted by the authority aforesaid, That the State Board of Health shall make and enforce all necessary rules, regulations and requirements relative to the use and expenditure of the moneys appropriated under the terms of this Act, for the enlargement, maintenance and operation of the State Sanatorium for Tubercular Patients. Expenditures. Sec. 3. Be it enacted by the authority aforesaid, That the terms and conditions under which patients are to be accepted, as well as the direction, custody, discipline and control of such patients shall at all times be subject to such reasonable rules, regulations and control as may be prescribed by the State Board of Health. Acceptance of patients. Sec. 4. Be it further enacted by the authority aforesaid, That the additions and contributions to the said State Sanatorium for Tubercular Patients shall at all times conform to and be expended and disbursed under rules and regulations prescribed and laid down by the State Board of Health. Board of Health; rules. 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 August 21, 1922. WORKMEN'S COMPENSATION ACT AMENDED. No. 490. An Act to amend the Georgia Workmen's Compensation

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Act, approved August 17, 1920, by providing a method of calculating the wages received; by striking out from section 2 all the sub-divisions of paragraph c, namely, 1, 2, 3, 4, 5, 6, 7 and 8, and substituting in lieu thereof sub-paragraph 1; to amend paragraph d of section 2 by striking out the five words at the end of paragraph d namely, or because of his employment; by adding a subrogation to the employer when damages are paid in case of the injury by a third party; by amending section 29 by providing that no compensation shall be paid for the first seven calendar days of incapacity; by amending section 30 by providing for $15.00 maximum per week compensation instead of $12.00 and $4.00 minimum and wages below $4.00 in place of $6.00 minimum; by increasing the compensation to $5,000.00 instead of $4,000.00 in cases of total disability; by amending section 38 so as to provide compensation equal to 85 per cent of the amount of compensation which would be paid in case of total disability for a period of 300 weeks in case death results from the injury and providing how compensation to those partially dependent shall be calculated, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 2 of the Act known as the Georgia Workmen's Compensation Act, approved August 17, 1920, be amended by striking out sub-paragraphs 1, 2, 3, 4, 5, 6, 7 and 8 of paragraph c and by striking out the five words at the end of paragraph d, viz: or because of his employment and by adding sub-paragraph 1 to paragraph d, providing for a subrogation to the employer when damages are paid in case of injury by a third party, as follows: Act of 1920 amended. 1. The compensation of an injured person shall be computed on the basis of the regular wage received by the employee on the date of the accident. The compensation of the injured person who has not been receiving regular wages and has been employed for such a short period of

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time and it is impracticable to accurately determine his wages, the wages of the employees of the same class, in the same employment, in the same locality or, if that be impracticable, of neighboring employees of the same kind shall be used as a basis for determining the wages of such injured employee. (d) `Injury' and `personal injury' shall mean only injury by accident arising out of and in the course of the employment, and shall not include a disease in any form except where it results naturally and unavoidably from the accident, nor shall `injury' and `personal injury' include injury casued by the wilful act of a third person directed against an employee for reasons personal to such employee. 1. When an employee coming under provisions of this Act receives an injury for which compensation is payable under this Act and which injury was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereto, the employee, or beneficiary, may take proceedings both against that person to recover damages and against the employer for compensation, but the amount of compensation to which he is entitled under this Act shall be reduced by the amount of damages recovered. If the employee, or beneficiary of the employee, in such case recovers compensation under this Act, the employer by whom the compensation was paid, or the party who was called upon to pay the compensation, shall be entitled to indemnity from the person so liable to pay damages as aforesaid, and shall be subrogated to the right of the employee to recover therefrom, to the extent of the compensation. Said section 2, when amended, shall read as follows: Section 2. Be it further enacted, That in this Act, unless the context otherwise requires: Section 2 read. (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 as hereinafter

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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. 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 the usual course of the trade business, occupation or profession of the employer and, except as hereinafter set out. Minors are included even though 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 any employee who has been injured shall, when the employee is dead, include also his legal representatives, dependents and other persons to whom compensation may be payable, pursuant to the provisions of this Act. (c) The basis for computing the compensation provided for in this Act shall be as follows: 1. The compensation of an injured person shall be computed on the basis of the regular wage received by the employee on the date of the accident. The compensation of the injured person who has not been receiving regular wages and has been employed for such a short period of time that it is impracticable to accurately determine his wages, the wages of the employees of the same class, in the same employment, in the same locality or, if that be impracticable, of neighboring employees of the same kind shall be used as a basis for determining the wages of such injured employee. Compensation on basis of wage. (d) `Injury' and `personal injury' shall mean an injury by accident, arising out of and in the course of employment and shall not include a disease in any form except that resulting naturally and unavoidably from the accident. Nor shall `injury' and `personal injury' include injury caused by the wilful act of the third person directed against the employee for reasons personal to such employee. Injury and personal injury defined.

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When an employee coming under provisions of this Act receives an injury for which compensation is payable under this Act and which injury was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereto, the employee, or beneficiary, may take proceedings both against that person to recover damages and against the employer for compensation but the amount of compensation to which he is entitled under this Act shall be reduced by the amount of damages recovered. If the employee, or beneficiary of the employee, in such case recovers compensation under this Act, the employer by whom compensation was paid, or the party who has been called upon to pay the compensation, shall be entitled to indemnity from the person so liable to pay damages as aforesaid, and shall be subrogated to the rights of the employee to recover therefrom, to the extent of the compensation. Liability of others than employer. (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 inguinal, femoral or otherwise, so proven to be the result of an injury by accident arising out of and in the course of the employment, shall be treated in a surgical manner by radical operation. If death results from such operation the death shall be considered as a result of the injury, and compensation paid in accordance with the provision of section 38. In non-fatal cases, time loss 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

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the injured employee refuses to undergo the radical operation for the cure of said hernia, no compensation shall 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. Section 2. Be it further enacted that the Act above referred to be amended by striking out all of section 29 and substituting an entirely new section, as follows: Section 29. Be it further enacted that no compensation shall be allowed for the first seven calendar days of incapacity resulting from an injury, including the day of the injury, except the benefits provided for in section 26. New section 29. Period of incapacity. Section 3. Be it further enacted that the Act above referred to be amended by striking out all of section 30 and substituting an entirely new section as follows: New section 30. Section 30. Be it further enacted that when the incapacity from work resulting from an injury is total, the employee shall pay, or cause to be paid as hereinafter provided for the employee during such total incapacity, a weekly compensation equal to one-half of his average wages, but not more than fifteen dollars per week or less than four dollars per week, except when the weekly wage is below four dollars, then the regular wages on the date of the accident shall be the weekly amount paid; and in no case shall the period covered by such compensation be greater than 350 weeks nor shall the total amount of compensation exceed $5,000.00. Total incapacity. Sec. 4. Be it further enacted that section 38 of the above described Act be amended by striking therefrom paragraphs b and c and substituting in lieu thereof entirely new paragraphs as follows: (b) The employer shall pay the dependents of the deceased employee wholly dependent on his earnings for

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support at the time of the injury a weekly compensation equal to 85 per cent of the compensation which is provided for in section 30 for total disability for a period not exceeding 300 weeks from date of injury. (c) If the employee leaves dependants only partially dependent on his earnings for support at the time of his injury, the weekly compensation for those dependent shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to his average weekly wages at the time of his injury. Said section, when amended shall read as follows: Section 38. Be it further enacted, That when an employee is entitled to compensation under this Act for an injury received, and death ensues from 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. To be read. If during the period of disability caused by an accident arising out of and in the course of employment, death results proximately therefrom, the compensation under this Act shall be as follows: (a) The employer, shall, in addition to any other compensation, pay the reasonable expenses of the employees' last sickness and burial expenses not to exceed $100.00. If the employee leaves no dependants, this shall be the only compensation. (b) The employer shall pay the dependents of the deceased employee wholly dependent on his earnings for support at the time of the injury a weekly compensation equal to 85 per cent of the compensation which is provided for in section 30 for total disability for a period not exceeding 300 weeks from date of injury. Dependents. (c) If the employee leaves dependents only partially dependent on his earnings for support at the time of his

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injury, the weekly compensation for those dependent shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to his average weekly wages at the time of his 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 300 weeks from the date of the injury, nor except during dependency. The total compensation to be paid to all dependent of a deceased employee shall not exceed in the aggregate $12.75 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 Dominion of Canada, the amount of compensation shall not in any case exceed $1,000.00. Sec. 5. Be it further enacted that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1922. BRASTOWN CREEK, FISHING IN PROHIBITED. No. 494. An Act to prohibit the catching of fish in the waters of Brastown Creek, south of the public road leading from Young-Harris to Blairsville, and all the tributaries thereof, for a period of two years, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons to catch with seine, hook and line, or any other manner whatsoever extract fish of any kind, from the waters of Brastown Creek in Townes County, including all the waters of said creek

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and its tributaries lying on the south side of public road leading from Young-Harris, Georgia, to Blairsville, Georgia, for a period of two years from and after the passage of this Act. Fishing prohibited for period of two years. Sec. 2. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act, shall be guilty of a misdemeanor and shall be punished as prescribed by the law of the State of Georgia for the punishment of other misdemeanor cases. 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 16, 1922. CHANGE OF VENUE IN CRIMINAL CASES. No. 479. An Act to provide for the change of venue by the judges of Superior Courts in all criminal cases in the State of Georgia when it shall appear that a qualified grand jury in the county where the crime is committed cannot be had to make the investigation; to provide for change of venue in criminal cases now existing when it appears that a qualified grand jury could not be had to make the investigation; to provide the manner of transfer; to provide for the expenses of transfer and investigations. Section 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 judges of the Superior Courts of the State of Georgia are authorized and empowered to transfer the investigation by a grand jury from the county where the crime is committed to the grand jury in any other county in the State when it appears that a qualified grand jury cannot be had for the purpose of such investigation in the county where the crime is committed. Transfer to qualified grand jury.

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Sec. 2. Be it further enacted, That the judges of the Superior Courts of this State may transfer the investigation by a grand jury, from the county where the crime was committed, even though the offense was committed prior to the passage of this Act, should it appear to said judges that a qualified grand jury could not be had for such investigation in the county where the crime was committed. Offenses committed prior to this Act. Sec. 3. Be it further enacted that the manner of transfer shall be as follows: The Solicitor-General shall file a written motion asking for the transfer; stating the reason for transfer, naming the day and hour when the motion is to be heard, serve the accused with a copy of the motion at least one day before the hearing on the motion if the accused be in the custody of the officers of the court and in the event the accused is not in the custody of the officers of the court, then service may be perfected by calling the name of the accused and reading the motion for change of venue in open court one day before the hearing of the motion. Procedure. Sec. 4. Be it further enacted that the grand jury box shall be exhausted in trying to secure a qualified jury before a transfer of the investigation can be made, provided the accused does not consent to a transfer. Grand jury box, exhaustion. Sec. 5. Be it further enacted that the Solicitor General and the counsel for the accused shall agree upon the county to which the transfer shall be made, but in the event they cannot agree then it shall be the duty of the presiding judge to name the county to which the transfer of the investigation shall be made. County transferred to. Sec. 6. Be it further enacted that the expenses of the investigation and trial shall be paid by the county in which the crime was committed and no greater amount shall be paid as per diem or for mileage than would have been paid provided the investigation and trial had been in the county where the crime was committed. Provided that no change of venue shall be had for the trial of the accused except as now provided by law, unless by consent of the accused. Expenses.

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Sec. 7. Be it further enacted that if any section of this Act should be held unconstitutional or void, the balance of said Act shall not be effected by such ruling. Constitutional law. Sec. 8. Be it further enacted, that the sheriff and clerk of the Superior Court of the county in which the crime was committed, shall be qualified and authorized to perform the duties of said officers in the same manner as if there had been no change of venue, and any order or summons issued in connection with the investigation or trial shall be as binding as if no change of venue had been made. Sheriff and clerk. Sec. 9. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1922. FISHING TACKLE PRESCRIBED. No. 549. An Act to prohibit taking fish from any of the streams of this State with seine, net, gig, or spear or with any other device than hook and line, for a period of five years; to provide how this Act shall become effective in any county of this State; to provide a punishment for the violation thereof; 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 approval of this Act it shall be a misdemeanor for any person to take from any of the streams of this State any fish with seine, net, gig, or spear, or with any other device than hook and line, for a period of five years; provided: That nothing in this Act shall be so construed as to prohibit the taking of minnows, and where seine is used for such purpose, the same not to exceed four (4) feet in length. Seines, nets, gigs, etc., forbidden.

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Sec. 2. Be it further enacted, That this Act shall not become effective in any county in this State, until it shall have received the concurrent favorable recommendations of two successive grand juries, and the five-year period hereinbefore referred to shall date from the second recommendation whereby this Act in any county becomes effective, provided that nothing in this Act shall be so construed as to effect any county in the State of Georgia having a population of less than 16,897, or more than 16,898; or 17,736, or more than 17,737; or 6,677, or more than 6,678; or 9,490, or more than 9,491; or 23,370, or more than 23,371; or 20,351 or more than 20,359; or 6,455 or more than 6,456; or 11,709 or more than 11,710; respectively according to the last available Federal census. When effective. Counties exempted. Provided further that this law shall not apply to private owned lakes in this State. Private lakes. Sec. 3. Be it further enacted, That all laws and parts thereof herewith conflicting are repealed. Approved August 21, 1922. PROTECTION OF FUR-BEARING ANIMALS; ACT OF 1920 AMENDED. An Act to amend an Act approved August 9th, 1920, entitled An Act to protect fur-bearing animals of the State of Georgia; to provide a closed season, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this act, section one of the Act approved August 9, 1920, entitled an Act to protect the fur-bearing animals of the State of Georgia, to provide a closed season and for other purposes, be amended by striking in the third line of such section, the word opossum, and in the fourth line the words red

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and gray fox, and inserting after the word inclusive in the seventh line of said section, the words: Opossum from the first day of October, to the first day of September to the first day of February inclusive, so that said section will read as follows: Act of 1920 amended. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That skunk, muskrat, raccoons, beaver, mink, otter, bear, wild cat and citet cat may be taken in any manner and bought, sold and possessed from the 20th day of November to the 1st day of March, inclusive, and opossum from the 1st day of October to the 1st day of February inclusive, and red and gray fox from the 1st day of September to the 1st day of February, inclusive, by the lawful State and hunting and trapping license. At other times, it is hereby unlawful to take in any manner or kill these animals except as hereinafter provided. Opossum and fox. After the passage of this Act it shall be lawful for parties to have in possession at any time of year live animals above mentioned when the purpose of such possession is to raise such animals and distribute same so as to increase the supply of game. Possession of live animals. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922.

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PART II.LOCAL AND SPECIAL LAWS TITLE I.CITY AND MUNICIPAL COURTS TITLE II.SOLICITORS-GENERAL TITLE III.COUNTIES AND COUNTY MATTERS

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TITLE I. City, County, and Municipal Courts. ACTS. Alma City Court, Election to Abolish. Ashburn City Court, Election to Abolish. Atlanta Municipal Court; Affidavits and Warrants. Atlanta Municipal Court; Jurisdiction of Amount. Atlanta Municipal Court; Salaries. Barron City Court, Election to Establish. Cairo City Court; Jury Trials in Criminal Cases. Claxton City Court; Jury Trials, Terms, Compensation of Officers. Claxton City Court; Jury Trials. Columbus Municipal Court; Costs and Salaries. Dawson City Court; Jurors; Judge's Salary. Decatur City Court, Election to Establish. Eastman City Court; Terms. Ellanville City Court; Fees. Hall County City Court; Salaries. Hazlehurst City Court Abolished. Houston City Court; Judgments and Terms. Louisville City Court; Officers and Fees. Louisville City Court; Sales under Execution. Lyons City Court, Election to Establish. Metter City Court; Jury Trials. Oglethorpe City Court; Terms. Quitman City Court; Civil Jurisdiction. Sandersville City Court; Costs and Fines. Statesboro City Court; Costs. Statesboro City Court; Judge's Salary. Summerville City Court Established. Summerville County Court Abolished. Swainsboro City Court; Terms. Thomasville City Court; Jury Trials. Toombs County City Court Abolished. ALMA CITY COURT, ELECTION TO ABOLISH. No. 453. An Act to repeal an Act approved August 18, 1919, entitled An Act to establish the City Court of Alma, in Bacon County, to define its jurisdiction, to provide for a judge and other officers thereof, and to define their powers and duties, and their manner of election and selection,

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to provide for pleading and practice, 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 authority of the same, That from and after the passage of this Act, an Act of the General Assembly, approved August 18, 1919, entitled, An Act to establish the City Court of Alma, in Bacon County; to define its jurisdiction, provide for 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 Court to the Court of Appeals by Bill of exceptions and writs of error, and for other purposes, be and the same is hereby repealed. Act of 1919 repealed. Sec. 2. Be it further enacted, by the authority aforesaid, That all suits pending in said City Court of Alma be and the same are hereby transferred to the Superior Court of Bacon County for disposition; and all judgements and executions rendered in and by or issued from said City Court of Alma prior to the passage of this Act, are hereby kept alive and of full force and vigor, and that all such executions and other mesne and final process of said City Court of Alma which shall have not then been executed, shall be returnable to the Superior Court of Bacon County, and all claims, illegalities and other issues or contested matters arising from the execution of said process and fi fas, shall be returnable and determined as though the same had issued from the Superior Court of said Bacon County. Suits, etc., transferred. Sec. 3. Be it further enacted by the authority aforesaid, That all criminal cases founded on indictment and pending in said City Court of Alma when this Act is passed and becomes operative, shall be transferred to the Superior Court of Bacon County for disposition, and all criminal cases founded upon accusations then pending in said City Court of Alma shall be at once heard by some justice of the peace of some notary public and ex-oflicio justice of the peace of

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said County who shall have power to bind over the accused for his or her appearance at the next term of the Superior Court of said County of Bacon, or to discharge such accused person or persons, in the same manne as if originally brought before such officer on a warrant; provided, however, that when the accused has been regularly bound over upon a warrant after preliminary hearing, to the City Court of Alma or has given bond for appearance before said Court, such commitment or bond shall be considered sufficient and valid to secure his presence at the next term of the Superior Court of said Bacon County, to answer to indictment, without further investigation, just as if such accused had been originally bound over to the Superior Court. Criminal case transferred. Sec. 4. Be it further enacted by the authority aforesaid, That all motions for new trial pending in the City Court of Alma shall be heard and determined by the judge of the Superior Courts of the Waycross Judicial Circuit, and after the passage of this Act when judgment shall be rendered in the Supreme Court or the Court of Appeals of Georgia in any case pending therein from the City Court of Alma, the clerk of such court shall transmit the remittitur in such case to the Clerk of the Superior Court of Bacon County, where it shall be made the judgment of said court, as having jurisdiction therein. Motions for new trial. Sec. 5. Be it further enacted by the authority aforesaid, That all dockets, records, minutes, books, records and papers pertaining to the business of the City Court of Alma shall immediately upon the passage and ratification of this Act be delivered by the Clerk of said Court to the Clerk of the Superior Court of Bacon County, there to be preserved by the latter as part of the records of said Superior Court. Dockets. records, etc. Sec. 6. Be it further enacted by the authority aforesaid, That before the provisions of this Act shall become operative it shall be first submitted to the qualified voters of Bacon County for ratification at the primary election held on the 13th day of September, 1922; wherein said Ordinary shall in said notice give twenty days notice prior to the

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date fixed for holding such election, and if a majority of the votes of said election are case in favor of said Act the same shall become operative as therein provided January the first, 1923. At said election those desiring to vote in favor of said Act shall have printed or written on their ballots, For ratification of City Court and those desiring to vote against said Act shall have written or printed on their ballots Against the ratification of City Court. Said election shall be held as now provided by law for holding elections except that the returns thereof shall be made to the ordinary of said Bacon County, and the said ordinary shall declare the result of said election. Election to ratify. Ballots. Sec. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1922. ASHBURN CITY COURT, ELECTION TO ABOLISH. No. 302. An Act to repeal an Act to establish the City Court of Ashburn, in and for the County of Turner; to define its jurisdiction in and powers, and to provide for the appointment of the Judge and Solicitor and the other officers thereof; to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court, and for other purposes, approved August 26, 1906, and contained in the Acts of 1906, page 150, and all amendatory Acts thereof; to provide for the deposition of business pending therein and the court papers, and to provide when this Act shall go into effect, to provide for an election to be called by the Ordinary to submit this Act to the qualified voters of Turner County; to provide how the ballot shall be prepared in said election, and for the Ordinary to declare the results of 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 the City Court of Ashburn created and organized under and by virtue of an Act entitled An Act to establish the City Court of Ashburn, in and for the County of Turner; to define its jurisdiction and powers; to provide for the appointment of the Judge and the Solicitor and the other officers thereof; to define their powers and duties; to provide for pleading and practice and new trials therein and writs of error therefrom to the Supreme Court, and for other purposes, approved August 21, 1906, and the Acts amendatory thereof, be and the same is hereby abolished, and the said Act is hereby repealed. Act of 1906 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all cases pending in said City Court, both civil and criminal, be transferred to the Superior Court of said County of Turner, and tried in said Superior Court, as if originally filed in said Superior Court, and all illegalities, claims, and answers to garnishment proceedings, and all other proceedings growing out of any execution, decree or order of said court shall be returned to said Superior Court of said County of Turner and all witnesses subp[UNK]naed in cases pending in said City Court shall attend the Superior Court of said county from time to time until said cases shall be disposed of. Cases transferred. Sec. 3. Be it further enacted, That all cases pending in said City Court so transferred to said Superior Court of Turner County shall stand for trial at the next term of said Superior Court, unless continued therein under the laws regulating continuances of cases in said Superior Court. Cases to stand for trial, when. Sec. 4. Be it further enacted, That the provisions of this Act shall become of full force and effect when the same shall have been ratified by a majority of the qualified voters of Turner County at an election to be called by the Ordinary of Turner County for that purpose. Said special election shall be held at the time of the general election for 1922. Said Ordinary shall give notice by publishing in the county

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newspaper in which the advertisements of the sheriff of Turner County are published, for four insertions during the four weeks immediately preceding the time of the general State and county election for the year 1922, of this special election to be held on the same date as said general election and under the same rules governing said general election; he shall have prepared and distributed to the election precincts ballots, written or printed thereon the words For City Court and Against City Court, the returns of said election to be made to the Ordinary of Turner County, who shall declare the results of the same, and if a majority of the votes cast in said election are against the City Court, then the same shall be declared abolished from and after the result of said election is declared. Election to ratify. Ballots. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved July 24, 1922. ATLANTA MUNICIPAL COURT; AFFIDAVITS AND WARRANTS. No. 306. 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 2, 1912; the Act herein referred to being approved August 20, 1913, and Acts amendatory thereof and providing that the clerk and deputy clerks of the Fulton Section of the Municipal Court of Atlanta may administer oaths and take affidavits, including the taking of affidavits and administering oaths in criminal or quasi criminal proceedings upon which warrants may be issued for the arrest of persons or the search of places described therein, and for the purpose of authorizing the judges of said court to issue such warrants upon information contained in such

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affidavits sworn to before the clerk or deputy clerk of said court. Section 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 approval of this Act, that subsection (a) of section 35 of said Act as approved August 20, 1913, be and the same is hereby amended by adding at the end of subsection (a), in line 4 of said subsection (a), after the word oath, the following: or upon information contained in affidavit sworn to before the clerk or deputy clerk of said court, so that said subsection (a) of section 35, when amended, shall read as follows: (a) Any judge of said court shall have power to issue a warrant for the arrest of any offender against the penal laws, based either on his knowledge or on the information of others given him under oath, or upon information contained in affidavit sworn to before the clerk or deputy clerk of said court. Act of 1913 amended. Warrants. Sec. 2. Be it further enacted by the authority aforesaid, That section 23 of the Act as approved August 20, 1913, and Acts amendatory thereof, be and the same is hereby amended by inserting the words including the taking of affidavits and administering oaths in criminal or quasi criminal proceedings upon which warants may be issued for the arrest of persons or the search of places described therein between the word affidavit and the word but in line 36 of section 23 of said Act. Affidavits in criminal proceedings. 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 26, 1922.

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ATLANTA MUNICIPAL COURT; JURISDICTION OF AMOUNT. No. 473. An Act to amend an Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to paragraph 1, section 7, article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace, in certain cities and the establishment in lieu thereof of such 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 the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; and to provide for the appointment, qualification, duties, powers and compensation of the judges and other officers thereof, etc. Said Act being approved August 20th, 1913, and published in Georgia Laws of 1913, page 145, No. 276, so as to fix the jurisdiction of said court as to amount by amending section 26 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 same, That the Act entitled an Act to carry into effect in the City of Atlanta the provisions of the amendment to paragraph 1, section 7, article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relative to the abolition of the justice courts, etc., be, and the same is hereby amended as follows: Act of 1913 amended. Sec. 2. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That on and after the passage of this Act section 26 of said Act approved August 20th, 1913, be amended by striking the words and figures $500.00 as now appear in line 22 of said section 26, and insert in lieu thereof the words and figures $1,000.00 so that section 26, as amended,

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will read as follows: Section 26. Be it further enacted by the authority aforesaid, That the Municipal Court of Atlanta shall have all the jurisdiction as to subject matter which, at the time of the adoption of said Constitutional amendment, was exercised by justice courts and justices of the peace under the Constitution and laws of this State, and, in addition shall have jurisdiction to try and dispose of all civil cases of whatever nature, except injuries to the person or the reputation, concurrent with the Superior Courts, including not only such suits as are begun by petition and process or summons but also all other kinds of suits or proceedings which now or hereafter may be in use in the Superior Courts of the State or the justice courts, either under the common law or by statute, including among others attachment and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against entruders and tenants holding over, partition of personalty, trover and bail distress warrants and issues thereon, foreclosures of all liens and mortgages on personal property, possessory warrants and other like proceedings and processes wherein the principal sum sworn to sued for or claimed to be due, exclusive of interest, costs and attorney's fees, or the value of the property sued for does not exceed $1,000, and of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as defined in sections 5440 to 5505 inclusive, of the Code of 1910. Section 26 read. Property not exceeding $1,000. 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, 1922. ATLANTA MUNICIPAL COURT; SALARIES. No. 457. An Act to amend an Act entitled An Act to carry into

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effect in the City of Atlanta the provisions of the amendment to paragraph 1, section 7, article 6 of the Constitution of the State of Georgia, ratifled October 2, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace, in certain cities and the establishment in lieu thereof of such 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 the justice of the peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the city of Atlanta; and to define its jurisdiction and powers; and to provide for the appointment, qualification, duties, powers, and compensation of the judges and other officers thereof, etc., said Act being approved Aug. 20, 1913, and published in Georgia Laws, 1913, page 145, No. 276: So as to fix the compensation of the chief judge and the associate judges and clerk and marshal of said court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled an Act to carry into effect in the City of Atlanta the provisions of the amendment to paragraph 1, section 7, article 6 of the Constitution of the State of Georgia, ratified October 2, 1912, relative to the abolition of the justice courts, etc., be, and the same is hereby amended as follows: Act of 1913 amended. Sec. 2. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That on and after the passage of this Act, section 16 of said Act approved August 20, 1913, be amended by striking the word thirty-six hundred in the tenth line of said section and inserting in lieu thereof the words six thousand, and by striking the words three thousand in the twelfth line of said section 16 and inserting in lieu thereof the words fifty-four hundred, so that section 16 as amended will read as follows:

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Section 16. Be it further enacted by the authority aforesaid, That the Board of Commissioners of Roads and Revenues of Fulton County shall fix the annual salary of each of the judges of said court, and said salaries, with the salaries of the other officers of said court hereinafter provided for shall be paid in monthly installments upon warrants approved by the Chairman of said Board, and drawn upon the Treasurer of Fulton County; provided, the annual salary of the chief judge of said court shall not be less than six thousand dollars, and the annual salary of each of the associate judges of said court shall not be less than fifty-four hundred dollars; provided, further, that no judge or other official of said court shall receive to his own use any fees or perquisites of office. Section 16 read. Chief judge. Associate judges. Sec. 3. Be it further enacted, That said Act be and the same is hereby amended by striking all of line nineteen and the first two words in line twenty in section twenty-three and inserting in lieu thereof as follows: thirty-six hundred dollars per annum, payable three hundred dollars per month, so that section 23 as amended shall read as follows: Section 23. Be it further enacted by the authority aforesaid, That the clerk of said court shall perform in said court the same duties that are by law required of the clerk of the Superior Court of said county, so far as the same are applicable to and not inconsistent with the provisions of this Act, and such other duties as may be prescribed, from time to time, by the judges of said court in the rules of the court. In addition, the clerk of said court shall collect all fees and costs charged or collectible under this Act, and shall keep a careful statement of the same properly indexed, and accessible at all times to the public, and, not less than once a week, shall pay over to the Treasurer of Fulton County all sums so collected, furnishing said Treasurer with an itemized statement of the same. The deputy clerk, or clerks, of said court, shall have the same powers and authority herein prescribed for the clerk thereof, subject as aforesaid to the direction and control of said clerk. For his services, the clerk of said court shall receive a salary of thirty-six hundred

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dollars per annum, payable three hundred dollars monthly. Each deputy clerk, for his services, shall receive a salary of not more than fifteen hundred dollars per year, payable not more than one hundred and twenty-five dollars per month. The clerk of said court shall execute a bond, payable to the Board of Commissioners of Roads and Revenues of Fulton County, Georgia, in the sum of five thousand dollars, conditioned for the faithful discharge of the duties of his office by himself and his deputies, said bond to be approved by the chief judge of said court and filed in the office of the Clerk of the Superior Court of Fulton County, Georgia. All purely municipal duties which, under the laws of this State, are performable by a justice of the peace or a notary public ex-officio justice of the peace, and any such duties prescribed by the rules of said court, shall be performable by the clerk or his deputies. The clerk and deputy clerks of said court may administer oaths and have affidavits, but shall not have the power to attest deeds and similar instruments. The clerk of said court and each deputy clerk of said court may administer oaths and take his duties, shall take an oath to faithfully and impartially and without fear, favor, or affection, discharge his duties as clerk or deputy clerk. Section 23 read. Clerk. Sec. 4. Be it further enacted, That said Act be, and the same is hereby amended, by strikign the words twenty-one being the first two words of line thirteen in section 24 as amended August 19, 1919, Georgia Laws, page 199, and inserting in lieu thereof the words thirty-six and by striking the last two words in line fourteen (one hundred) and the first three words in line fifteen (and seventy-five) and inserting in lieu thereof the words three hundred, so that section 24 as amended will read as follows: Section 24. Be it further enacted by the authority aforesaid, That there shall be a marshall of said court and four deputy marshals; provided, however, that the Commissioners of Roads and Revenues of Fulton County may, in their discretion, authorize the appointment of additional deputy marshals. The marshal and deputy marshals of said court

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shall be selected from the qualified electors and residents of the City of Atlanta and shall be appointed by the judges of said court, and in event said judges are evenly divided as to any appointment, the nominee of the chief judge shall be selected. Their term of office shall be four years. The marshal of said court shall be paid thirty-six hundred dollars per annum, payable three hundred dollars per month. Each deputy marshal shall be paid fifteen hundred dollars per year, payable one hundred twenty-five dollars per month. The chief marshal and each deputy marshal of said court shall execute a bond with good security, to be approved by the chief judge of said court, payable to the Board of Commissioners of Roads and Revenues of Fulton County, Georgia, in the sum of twenty-five hundred dollars for the faithful discharge of the duties of his office. The duties, powers, rights, authority and liabilities of said marshal, and each of said deputies, shall be the same as those prescribed for constables elected or appointed, and serving in justice courts of this State, and in addition the same as those prescribed by law for sheriffs of the several counties so far as the same are consistent with the terms of this Act, and such other duties as may be prescribed from time to time by the judges of said court in the rules of court. The clerk, the deputy clerk, the marshal and deputy marshal of said court shall be subject to rule before the chief judge of said court for the like causes and in the like manner as the sheriffs and clerks of the Superior Court and constables of this State may be ruled by the Superior Court. read. Section 24 Marshal and deputies. 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 15, 1922.

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BARROW CITY COURT, ELECTION TO ESTABLISH. No. 342. An Act to establish the City Court of Barrow County, in and for the County of Barrow; to define its jurisdiction and powers; to provide for the election of a Judge, Solicitor and other officers; to define the powers and duties of the Judge and other officers thereof and to fix their compensation; to provide for rules of practice and procedure in said Court; for new trials and writs of error therefrom; and to provide for the transfer of certain cases to said City Court of Barrow County from the Superior Court of Barrow County; to provide for an election to submit to the qualified voters of Barrow County, Georgia, the ratification of this 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 the City Court of Barrow County to be located in the county of Barrow in the city of Winder, is hereby established and created, with civil and criminal jurisdiction over the whole county of Barrow, concurrent with the Superior Court, to try and dispose of all civil cases of whatever nature wherein the principal sum claimed or involved is fifty dollars or more and in all trover cases such other cases in which the justice courts have not jurisdiction, regardless of the amount involved, except those of which the Constitution of this State has given to the Superior Court exclusive jurisdiction; and with criminal jurisdiction to try and dispose of all criminal cases for all offenses committed in the County of Barrow where the offenders under the punishment prescribed by law, is not subject to loss of life or confinement in the penitentiary; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceeding which are now, or hereafter may be, in use in the Superior Courts, either under the common law as statute, including among others, attachment and garnishment proceeding, illegalities, counter affidavits to any

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proceeding from said court, statutory awards, proceeding against intruders and tenants holding over, partition of personalty issued upon distress warrant, foreclosure of all liens and mortgages and quo warranto, the only exception being as herein provided. City Court of Barrow County. Jurisdiction defined. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be a Judge of said City Court of Barrow County, that said first Judge shall be elected by the qualified voters of said county, at an election to be held for said purpose on Tuesday after the first Monday in November, 1922, or at such time as the regular election is held for State officers in said year of 1922, whose term of office shall expire on the first day of January, 1927, and until his successor is elected and qualified. His successor as Judge of said Court shall be elected by the qualified voters of Barrow County at the regular election to be held on Tuesday after the first Monday in November, 1926, or at such other time as the regular election is held for State officers in said year of 1926, and once every four years thereafter, whose term of office shall be for four years, and all vacancies in said 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. 3. Be it further enacted, That the Judge of said City Court of Barrow County shall receive a salary of Twelve Hundred ($1,200.00) 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 Barrow County. The Judge of said City Court shall, as such, receive no other compensation, but may practice law in any court except the City Court of Barrow County, and may hold any other office or offices, except those which he is espressly prohibited by law from holding. Salary of judge. May practice law, etc. Sec. 4. Be it further enacted by the authority aforesaid, That no one shall be eligible for office of said Judgeship unless he shall at the time of qualification be at least

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twenty-five years old, a resident of Barrow County, Georgia for at least four years immediately preceding his election, and must have practiced law at least five years before his qualification. 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 to persons, and do equal right to poor and rich and I will faithfully and impartially discharge all duties which may be required of me as Judge of the City Court of Barrow County, according to the best of my ability and understanding, agreeable to the laws and constitution of this State and of the United States, so help me God, which oath shall be filed in the Executive Department. Eligibility of judge. Oath of office. Sec. 5. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of said City Court who shall be elected by the qualified voters of said county at an election to be held for said purpose on Tuesday after the first Monday in November, 1922, or at such time as the regular election is held for State officers in the year 1922, whose term of office shall expire on the first day of January, 1927, and until his successor is elected and qualified. His successor as Solicitor of said court shall be elected by the qualified voters of Barrow County at the regular election to be held on Tuesday after the first Monday in November, 1926, or at such other time as the regular election is held for State officers in said year of 1926, and once every four years thereafter, whose term of office shall be for four years, and all vacancies in said office of Solicitor of said Court shall be filled by appointment of, and commissioned by, the Governor of this State, whose term shall be for the remainder of the unexpired term. The duties of the Solicitor of said City Court shall be to prosecute for all offenses cognizable before said City Court, and shall perform such other duties as usually pertain to the office. The fees of the Solicitor of said Court 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 of a violation of the gaming laws of this State, Twenty-Five Dollars. For reduced felonies, and for all

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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 cases carried to the Court of Appeals or to the Supreme Court of Georgia from said City Court, Fifteen Dollars. The Solicitor of the said court for his services in the Court of Appeals or the Supreme Court shall be paid out of the treasury of the State of Georgia by warrant drawn by the Governor upon the certificate of the clerk of the Court of Appeals or clerk of the Supreme Court as to the performance of said service and upon the certificate of the clerk of the City Court of the insolvency, or acquittal of the defendant. Solicitor. Election. Term of office. Vacancy in office. Duties. Fees. Sec. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible for the office of Solicitor of said Court unless he shall have arrived at the age of twenty-one years at the time of his election, shall have been a bona fide resident of Barrow County for at least two years immediately preceding his election, and must have practiced the profession of law for at least one year continuously at the time of his election. Said Solicitor before entering upon the duties of his office shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, and without favor, fear or affection, discharge my duties as Solicitor of the City Court of Barrow County, so help me God. If for any reason the said Solicitor shall fail or be disqualified to act in any case, the Court shall have power to appoint a Solicitor pro tem. Eligibility of solicitor. Oath of office. Sec. 7. Be it further enacted by the authority aforesaid, That the Clerk of the Superior Court of Barrow County shall be the Clerk of the City Court of Barrow County and the said Clerk shall before entering upon the duties of the office take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oaths shall be entered upon the book of minutes of said City Court. He shall also have power to appoint a deputy clerk with the consent of the Judge of said Court. Clerk. Deputy. Sec. 8. Be it further enacted by the authority aforesaid, That the Sheriff of Barrow County shall be the Sheriff of

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the City Court of Barrow County. Before entering upon the discharge of the duties of the office of Sheriff of said City Court, said Sheriff shall execute a bond with good security for the sum of $2,000.00 for the faithful discharge of the duties of the office. He shall have the power to appoint a deputy or deputies with the consent of the Judge of said court. It shall be the duty of the Judge of said court to approve the bond given by the Sheriff. The bond required of the Sheriff by this Act, shall be made payable to the Governor of said State and such bond shall be filed with the Ordinary of said County. Any deputy or deputies appointed by the Sheriff with the consent of the Judge of said City Court shall before entering upon their duties execute a bond with good security in the sum of One Thousand Dollars for the faithful discharge of the duties of the office, which bond shall be approved by the Sheriff and shall be made payable to the Governor of the State and filed with the Ordinary of said county. The sheriff of said court is authorized with the approval of the Judge, to appoint at each term of said court not exceeding two bailiffs as officers of said Court, who shall receive for their services One Dollar and fifty cents per day. Sheriff. Deputy. Bonds. Baliffs. 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 to the office of the Sheriff of the Superior Court shall attach to the office of the Clerk of the City Court of Barrow County and the office of the Sheriff of the City Court of Barrow County respectively, and that the Judge of the City Court of Barrow County is empowered to enforce the same authority over the Clerk and Sheriff of said City Court and their deputies as is exercised by the Judge of the Superior Court over the Clerk of the Superior Court and the Sheriffs of the counties of Georgia. Duties of clerk and sheriff. Sec. 10. Be it further enacted by the authority aforesaid, That the Clerk of the City Court of Barrow County shall be paid the same fees as are allowed the clerks of the Superior Courts for like services, and the Sheriff of the said

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City Court shall be paid the same fees as are paid the Sheriff of Barrow County for services in the Superior Court, and the said Sheriff and his deputies shall receive for all services the same fees as are allowed by law for like services in the Superior Court of said County; provided that in cases tried at the monthly term without the intervention of a jury, the costs allowed shall be one-half that allowed for services in Superior Court; and for services rendered where no compensation is provided by law, the said Clerk, said Sheriff and their deputies shall receive such compensation as the Judge of said City Court shall in his discretion allow. The said Clerk and deputy, and Sheriff and deputy or deputies shall be amenable to the same process and penalties as they are now amenable to in the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said City Courts as they are now entitled to in the Superior Court. Fees of clerk and sheriff. Penalties and remedies. Sec. 11. Be it further enacted by the authority aforesaid, 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 way and with the same power as the Judge of the Superior Court. Habeas corpus. Sec. 12. Be it further enacted by the authority aforesaid, That the terms of said City Court of Barrow shall be held monthly for the trial and disposition of civil and criminal business or both, said term to be held on the second Monday in each successive month after the election and qualification of the Judge and Solicitor of said Court; the terms convened on the second Monday in August, November, February and May of each year to be known as quarterly terms and as regular jury terms of said Court. The jurisdiction of the Court shall be the same at all terms, monthly and quarterly, and the Judge may in his discretion, hold adjourned or special terms of the said Court, whenever the business of said Court so demands, for which he may require the attendance of juries. Any term of the Court may be adjourned from day to day and from time to time in the same manner as the Superior Courts in this State are adjourned.

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For the purpose of disposing of criminal business of said court the court shall always be open without regard to term. Terms of court. Sec. 13. Be it further enacted by the authority aforesaid, That suits in said City Court shall in all respects be conformable to the mode of procedure in Superior Courts, except as hereinafter provided; but process to writs shall be annexed by the Clerk of said City Court, be attested in the name of the Judge thereof, and be directed and served by the Sheriff of the City Court of Barrow County or their deputies thereof. Procedure. Sec. 14. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice the laws governing the Superior Courts when not inconsistent with this Act and unless otherwise specially provided by this Act shall be applicable to said City Court. Service, pleading, and practice. Sec. 15. Be it further enacted by the authority aforesaid, That the Judge of the City Court of Barrow County shall have the power and authority to hear and determine, without a jury, all civil cases over which the Court has jurisdiction, and to give judgment and execution thereon, provided always, that either party in any case be entitled to trial by jury in said Court by entering a demand therefor, in writing, on or before the call of the docket at the term to which said cause is returnable, in all cases when the party is entitled to trial by jury under the Constitution and the laws of this State. Trial with and without jury. Sec. 16. Be it further enacted by the authority aforesaid, That all judgments obtained in said Court shall be a lien on all property of the defendant or defendants throughout the State in the same manner as judgments in the Superior Courts are; but property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under the process of said City Court, and all executions issuing from the said City Court shall be attested in the name of the Judge signed by the Clerk and directed to the Sheriff or his deputies of the City Court of Barrow County, and to

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all and singular the Sheriffs or their deputies of the State of Georgia. Lien of judgments. Executions. Sec. 17. Be it further enacted by the authority aforesaid, That said City Court shall have jurisdiction of all claims where personal property is levied upon under execution or other process from said Court, and such claims shall be tried in the same manner as claims are tried in the Superior Courts. Claim cases. Sec. 18. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said City Court shall be returned to the Superior Court of the county where said real property is situated and shall there proceed as other claims in the Superior Court. Claims to realty. Sec. 19. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachment and garnishments as to any matters whatever in the Superior Courts of this State shall apply to said City Court as if named with the Superior Courts, so far as the nature of the City Court will permit. All attachments in said City Court returnable to said Court shall be directed to the Sheriff or his deputies of the City Court of Barrow County and to all and singular the Sheriffs and constables of the State, and the Judge of said City Court may or any Justice of the Peace or Notary Public Ex-Officio Justice of the Peace may, issue attachments under the same law governing the issuing of attachments returnable to the Superior Court. Attachments and garnishments. Sec. 20. Be it further enacted by the authority aforesaid, That the garnishment and attachment proceedings and proceedings on distress warrants in said City Court shall be conformable to the laws of the State on the subject in the Superior Courts. Distress warrants. Sec. 21. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said court shall be had as in Superior Courts, but scire fascias shall run throughout the State and may be served by any Sheriff or his deputies thereof. Scire facias.

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Sec. 22. Be it further enacted by the authority aforesaid, That the general laws of the State with regard to the commencement in the Superior Courts, defenses, sets offs, affidavits of illegality, arbitration, examination of parties to suits, or witnesses by interrogatories, or under subpoenas, witnesses and their attendances, or other matters of judicial nature within the jurisdiction of the said City Court shall be applicable to the said City Court. General laws applicable. Sec. 23. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the laws of the State; and the Judge and all other officers of said Court shall have the power, respectively, to administer all oaths pertaining to their office, as the Judge and other officers of the Superior Court may in like cases do; and said Judge shall have the power to attest deeds and other papers, and administer affidavits, in all cases in the State in which, by existing laws, deeds and papers may be attested and affidavits may be administered by the Justices of the Peace of this State; and the Judge of said City Court shall have all the powers and authority throughout his jurisdiction, of the Judge of the Superior Court; and all laws relating to the governing of Judges of the Superior Courts shall apply to the Judge of said City Court, in so far as the same may be applicable, except as herein provided. Judge's powers. Sec. 24. Be it further enacted by the authority aforesaid, That the City Court of Barrow County shall be a Court of Record and shall have a seal; and such records and files as are required by law to be kept for the Superior Courts shall be kept in and for said City Court in the same manner; and all laws applicable to the duties of the Clerk and Sheriff of said Superior Court shall apply to them in said City Court, except where they conflict with the provisions of this Act. Records, seal, files, etc. Sec. 25. Be it further enacted by the authority aforesaid, That the Judge of the said City Court shall have the power

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to enforce the orders, to preserve order, to punish for contempt, and to enforce all of his judgments, as is vested by law in the Judges of the Superior Courts of this State. Contempts. Sec. 26. Be it further enacted by the authority aforesaid, That the Clerk of said Court shall prepare and keep on file in his office a complete list of all persons within the territorial jurisdiction of said City Court who are competent and liable to serve as petit jurors in the Superior Court of Barrow County, and it shall be the duty of said Clerk to make out tickets of equal number to the number of names in said list he shall write upon each ticket the name of one of the said persons, and deposit the same in a box to be provided and numbered one, until there shall be a ticket bearing the name of each person on said list. Said jury box or list of names in said jury box, shall be revised by the Clerk every time the jury list of the county is revised by the jury commissioners of Barrow County. Said box shall be known as the City Court Jury Box and shall be so constructed that it shall have two compartments and shall be kept under one lock and key, and shall not be opened by any one except the Judge of said Court or some Judge acting in his stead for the purpose of drawing juries, or for revision as herein provided for. The compartments of said jury box shall be numbered One and Two, and when compartment number One is exhausted by the drawing of juries, the tickets and names in number Two shall be placed back in number One, and the same process shall be gone over again and again as box number One shall be exhausted. The Clerk shall keep the jury box and the Sheriff shall keep the key to the same. At each monthly term of the said court preceding the monthly and quarterly terms to be held in the Months of February, May, August and November, the Judge, if necessary, shall draw not less than twelve nor more than eighteen names from said jury box, to serve as jurors during the monthly and quarterly session to be held in said months of February, May, August and November, and the said Judge may draw a jury of not less than twelve nor more than eighteen

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at any term of said Court to serve at any succeeding term whenever in his discretion it is necessary to do so, but previous to the drawing at any time the Judge shall stir the tickets containing the names within the compartment from which the jurors are drawn. Should it be necessary to draw a jury in vacation time, the Judge of said Court or the Judge of the Superior Court may at any time, fifteen days before the next term of said Court, in the presence of the Clerk and Sheriff of said City Court, proceed to draw a jury in the manner above described. All laws with reference to drawing, selecting and summonsing traverse and tales jurors in the Superior Court shall apply to the City Court when not inconsistent with this Act. The law in regard to the exemption from jury duty in the Superior Court shall apply in the City Court. Jurors. List. Box. Revision of names of jurors. Drawing of juries. Sec. 27. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, relationship, empanelling, challenging and compelling the attendance of jurors now in force in this State or may hereinafter be enacted into law, regarding the same in the Superior Court shall apply to and be observed in the City Court when not inconsistent with this Act. Laws applicable. Sec. 28. Be it further enacted by the authority aforesaid, That when jurors are drawn as provided by this Act, the Clerk of the City Court shall make out a record of the names so drawn, and prepare a summons for each juror, and deliver the same to the Sheriff of the said City Court, or his deputies, at least fifteen days before the next term of the said Court, which Sheriff, or his deputies, shall serve said jurors at least ten days before the term of the Court the Jurors are required to attend. Summons to jurors. Sec. 29. Be it further enacted by the authority aforesaid, That six jurors shall constitute a panel unless a trial by twelve jurors is demanded. When a trial by a jury of twelve is not demanded the jury shall be selected as follows: In civil cases each side shall have three strikes, and in criminal cases the defendant shall have four strikes and

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the State two; six shall thus constitute a jury. When a trial by a jury of twelve is demanded in any case by either party, a list of twenty-four jurors shall be furnished, and each party shall be entitled to the same number of strikes as they are in like cases in the Superior Court. The Judge shall have the power to complete any panel by talesman in the same manner as in the Superior Court. The jurors drawn on the regular panel, and likewise the talesman, which the Judge of said Court is hereby empowered to have summonsed instanter at any term of the said Court whenever necessary to complete a panel, shall each receive the sum of Two Dollars per day while serving as jurors in said Court, the same to be paid under the rules regulating the payment of Superior Court Jurors. Panels of six, or of twelve on demand. Sec. 30. Be it enacted by the authority aforesaid, That all criminal cases in said City Court shall be tried by the Judge thereof without a jury; except where the accused, in writing, shall demand a jury. A plea to the accusation shall be a waiver of the jury and the accused may not thereafter have the right to recall such waiver except in the discretion of the Court. If upon the trial of any case it shall appear to the Judge that the evidence makes a case of felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next Superior Court as a preliminary hearing. Demand for jury. Felonies. Sec. 31. Be it further enacted by the authority aforesaid, That the defendant in criminal cases in said City Court shall be tried on a written accusation setting forth plainly the offense charged, founded upon the affidavit of the prosecutor and signed by the Solicitor of said Court, and in all criminal cases within the jurisdiction of said City Court the defendant shall not have the right to demand an indictment by the Grand Jury of Barrow County. All the proceedings after the accusation shall conform to the rules governing like cases in the Superior Court, except there shall be no jury trial unless demanded by the accused as herein provided and except no accused shall be tried at the firt term after accusation except by his consent, unless he

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is unable to give bond and remains in jail. In all cases tried the accusation shall set forth the offense with the same particularity both as to matters of form and substance, as is required by the laws and rules of criminal pleading to be observed in the bills of indictment in the Superior Court. Accusation. Sec. 32. Be it further enacted by the authority aforesaid, That the Judge of the Superior Court of Barrow County shall send down from the Superior Court of Barrow County to the said City Court of Barrow County for trial and final disposition all presentments and indictments which may be undisposed of at the close of each term of the Superior Court of Barrow County charging misdemeanors as the Judge of the Superior Court in his discretion may see fit to transmit to said Court, and when such cases by proper written order of the Judge of the Superior Court are transmitted to said City Court such order shall be entered on the minutes of both of said Courts. Transfer of misdemeanor cases. Sec. 33. Be it further enacted by the authority aforesaid, That it shall be the duty of the Justice of the Peace to bind over to the said City Court all persons charged with offenses committed within the limits of Barrow County, over which said Court has jurisdiction, there to answer said offenses. Binding over. Sec. 34. Be it further enacted by the authority aforesaid, That a writ of error shall be directed from the said City Court to the Supreme Court of the State, or the Court of Appeals of the State, upon a bill of exceptions filed under the same rules and regulations as govern and control the issue writs of error and filing of a bill of exceptions in the Superior Court of this State. Writ of error. Sec. 35. 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 and criminal, in his court upon the same terms and conditions and under the same laws and regulations as govern in the granting of new trials in the Superior Courts. All rules of procedure, pleading and practice governing motions, rules nisi, and other proceedings

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governing new trials in Superior Courts, shall apply to and govern the same in said City Court. When a criminal case is tried 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 within five days after the rendition of the judgment complained of and not afterwards, unless for good cause further time may be ordered granted, in the discretion of the Judge. In other respects such motions shall be governed by the ordinary rules aforesaid. New trials. Procedure. Sec. 36. Be it further enacted by the authority aforesaid, That in all cases in said City Court, the same powers and rights as to waivers, pleadings or procedure, shall be allowed and upheld by the laws and rules, as to parties in the Superior Courts of said State, except where inconsistent with this act. Waivers, pleadings and procedure. Sec. 37. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners or joint trespassers in which anyone or more reside in the County of Barrow, may be brought in said Court, whether its jurisdiction is already stated, under the same rules and regulations governing said cases in the Superior Courts mutatis mutandis, as to copies, second originals, return and other matters connected with the suits. Joint obligors etc. Sec. 38. Be it further enacted by the authority aforesaid, That all rules of the Superior Court relating to continuances, motions, pleas, and practices, shall be applicable to said Court and shall obtain herein where the same are not inconsistent with this Act. Continuances, etc. Sec. 39. Be it further enacted by the authority aforesaid, That all petitions shall be filed in the Clerk's office of said City Court at least twenty days before the term of the Court to which they are returnable, and if not filed within twenty days they shall be made returnable to the next term thereafter. The service of process shall be at least fifteen days before the return term, and any and all cases

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within the jurisdiction of said City Court may be made returnable to either the monthly or quarterly terms under the same conditions and requirements, as to filing, service, pleas, demurrers and default as provided in this Act: provided nevertheless that in all civil cases where the principal sum claimed does not exceed $250.00 judgment may be had at the appearance term when the same is in default and it shall be lawful from and after the passage of this act to take judgments in like manner at the appearance term in all suits based upon promissory notes, stipulating for attorney's fees, when the statutory notice has been given, for principal, interest and attorney's fees, unless there is a defense filed. Upon the call of any case upon the issue docket either at a monthly term or quarterly term, either party shall have the right to demand a trial by jury; when this demand is made at a 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 or may be drawn. At any term the Judge may hear and dispose of all demurrers and special pleas, make entries of In default, and render final judgment on defaults; try and dispose of all cases, civil and criminal, ripe for trial, where a jury has not been demanded, as herein before provided, and perform any and all judicial acts, not inconsistent with the provisions of this Act. The Judge of said Court shall have the power to hold said sessions, and adjourn from time to time, provided that said Court shall not remain continuously in session at any time nearer than within five days of next succeeding term, and the Judge of said Court may set cases for trial at convenient times, and the said cases may then be tried, whether the court has been held from day to day or not. Filing of petitions. Return term. Service. Default judgments. Demand for jury trial. Demurrers, pleas, entries, etc. Sessions of court. Sec. 40. Be it further enacted by the authority aforesaid, That whenever the Judge of said City Court is, from any cause, disqualified, from presiding, and the Judge of the Superior Court cannot from any cause preside in said Court as provided in the Constitution, then upon the consent of the parties in any civil case, or upon their failure or

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refusal to agree, said cause shall be tried by a judge pro hac vice selected in the same manner as now provided for in the Superior Courts. Disqualification of judge. Sec. 41. Be it further enacted by the authority aforesaid, That the Judge of the City Court of Barrow County is hereby authorized to turn over to the proper authorities of the County of Barrow the convicts of said City Court, to be by them treated and used as are the misdemeanor convicts from the Superior Courts of said State. Convicts. Sec. 42. Be it further enacted by the authority aforesaid, That all fines, forfeitures and monies arising from cases in said City Court shall be collected by the Solicitor of said City Court and paid to the County Treasurer of Barrow County who shall keep separate account of the same, and said Treasurer of Barrow County shall pay to the several officers of the said Court their costs in each particular case, according to the order of the Judge of said City Court, which order shall be drawn by the Clerk of said City Court and signed by him and countersigned by said City Court Judge; provided, that in each criminal case where the defendant is convicted and turned over to the county authorities of Barrow County, to be by them disposed of as are misdemeanor convicts from the Superior Court of said County, the said County shall pay to all the officers of said City Court, and also the various Justices of the Peace and also the various Constables of said County, their entire costs in each of said cases, which shall be paid by the County Treasurer of said County upon the orders of Judge of said City Court, which shall be drawn and signed as hereinbefore provided for the drawing and signing of orders upon the County Treasurer, which said costs shall be paid by the Treasurer of said County, out of the funds on deposit arising from fines and forfeitures from said City Court upon the order of said City Court Judge as aforesaid. Fines and forfeitures. Costs of officers. Sec. 43. Be it further enacted by the authority aforesaid, That the Solicitor of the said City Court shall make

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monthly settlements on the first Monday in each month with the County Treasurer of said County for all sums of money, coming into his hand by virtue of his office and which he shall be required to pay over to said Treasurer. Settlements by solicitor. Sec. 44. Be it further enacted by the authority aforesaid, That the Ordinary of Barrow County shall provide for the necessary books for the keeping of dockets, minutes and records of said City Court, and the necessary books be kept and used by each of the officers thereof, shall provide a suitable place in the county court house at the county site, for the holding of said City Court, and to furnish such equipment as is necessary in the operation thereof. Books. Court-room. Sec. 45. Be it further enacted by the authority aforesaid, That the Solicitor of said City Court may make and file with the Grand Jury of Barrow County at the March Term of the Superior Court of said county a full and complete report of all criminal matters disposed of in said Court, showing the final disposition of said cases, the amount and disposition of the fines and forfeitures; that the Clerk of said Court shall, before the same Grand Jury, make and file a complete report of the amount and disposition of all costs collected in each criminal case disposed of in said Court, and shall place before the Grand Jury of said County the minutes, records and dockets of said City Court for inspection by said Grand Jury. Solicitor's reports to grand jury. Sec. 46. Be it further enacted by the authority aforesaid, That if the defendant in any criminal case shall give bail for his appearance at a time when said City Court is not in regular term, or when jurors are not in attendance upon said City Court the said Court shall proceed to forfeit said bail in the manner now provided by law. the rule and scire facias to be made returnable to the next regular term of said Court; provided that said term of the Court shall not be held within twenty days, in which event they shall be returnable to the next succeeding term. If at the term the rule nisi and scire facias are returnable, no answer has been filed, the rule shall be made absolute and judgment rendered for the amount of the bail. Forfeiture of bail. Scire facias.

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Sec. 47. Be it further enacted by the authority aforesaid, That there shall be a stenographer of said City Court of Barrow appointed by the Judge thereof, and all civil cases in said City Court where the amount involved is over One Hundred Dollars shall be reported at the request of either plaintiff or defendant, and the fees for reporting such cases shall be the same as are allowed for similar services in the Superior Court, to be paid by the plaintiff and defendant equally and the said stenographer shall have the right to enforce the collection of said fees as do the stenographers in Superior Courts of this State, provided further that the stenographer shall be required to attend criminal sessions of said City Court only in the discretion of the Judge, and when so required to attend the criminal session of said City Court he shall receive for his services the same fees as do stenographers of the Superior Court for like services. Stenographer. Fees. Sec. 48. Be it further enacted by the authority aforesaid, That the salary of the Judge of said City Court shall be paid monthly upon warrants drawn by the Ordinary of Barrow County, or at his discretion, and it shall be his duty to draw such warrants. Judge's salary; when and how payable. Sec. 49. Be it further enacted by the authority aforesaid, That the salary of the Judge of the City Court shall be paid out of the funds from the fines and forfeitures of the said City Court whenever there is sufficient amount in the County Treasury. Should there be at any time when the Judge's salary becomes due not in the County Treasury enough of said fund 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 out of any other funds in said Treasury available; provided, that the same shall be so paid only until such time as the funds for such purposes are available under section 48. Sec. 50. Be it further enacted by the authority aforesaid, That it shall be the duty of the Ordinary of Barrow County or other proper officer to provide funds for expenses incident to the operation of said City Court of Barrow. Incidental expenses.

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Sec. 51. Be it further enacted by the authority aforesaid, That in all criminal cases transferred from the Superior Court of Barrow County, Georgia, to the said City Court, where indictments or presentments have been returned into the Superior Court there shall be taxed in the bill of costs and collected by the Solicitor of said City Court, and by said Solicitor deposited with the County Treasurer of said County to be credited to the City Court fund the same fees as are allowed the Solicitor General for like services in the counties of the State in which the Solicitor General of the Superior Court is not on salary. Fees in transferred criminal cases. Sec. 52. Be it further enacted by the authority aforesaid, That on the first day of January of each year, it shall be the duty of the County Treasurer to pay over to the proper authorities to be, by said authorities, added to the general fund of Barrow County, all surplus arising from the fines and forfeitures of said City Court. Payment of surplus of fines, etc. Sec. 53. Be it further enacted by the authority aforesaid, That should any provision of this Act be held illegal or unconstitutional the same shall not vitiate the remaining provisions of said act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect. Act not vitiated by illegal part. Sec. 54. Be it further enacted by the authority aforesaid, That there shall be held in the County of Barrow, State of Georgia, on the 13th day of September, 1922, an election for the purpose of submiting to the qualified voters of Barrow County the ratification of this Act. Said election, except as otherwise herein provided shall be held under the same rules and regulations as are now provided by law for the election of members of the General Assembly of Georgia, and all persons shall be qualified to vote in said election who are qualified to vote in Barrow County for members of the General Assembly of said State. Election to ratify this act. Voters qualified. It shall be the duty of the Ordinary of Barrow County, Georgia, to give notice of such election by publishing notice thereof in the next issue of the newspaper in which the Sheriff's advertisements of said County of Barrow are so

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published, and in which notice may be inserted after the approval of the act by the Governor, and it shall also be the duty of the Ordinary of said County to provide for the holding of such election, and to furnish election managers of each precinct with ballots, election blanks, returns, tally sheets, and such other stationery as may be necessary for the purpose of holding such elections and making returns thereof. All ballots used for said election shall have printed thereon Against City Court, and also the words For City Court. If the voters desire to vote for the ratification of this Act, that is, for the establishment of said City Court, he shall strike the words Against City Court, or if the voter desires to vote against the ratification of this act, that is, against the establishment of said City Court, he shall strike out the words For City Court, on his ballot. If at such election the majority of all the voters voting in said election shall be for the City Court, the provisions of this act establishing said City Court shall become effective immediately upon the election of the Judge and Solicitor thereof and the Governor of said State upon receiving a certificate by the Ordinary of Barrow County, Georgia, that the election has been carried in favor of the establishment of the City Court herein provided for and upon receiving certificate by the Ordinary of Barrow County, Georgia of the election of some person as Judge and some person as Solicitor of said City Court, shall commission such person elected as Judge and such person elected as Solicitor of said City Court. Notice of election. Ordinary's duty. Ballots. Judge and solicitor to be commissioned. On the other hand, if a majority of all the votes cast at said election shall be against said City Court, then the provisions of this act shall not be operative, and said City Court shall not be established. Said election wherein not inconsistent with this act shall be held and returns thereof made and consolidated, under the law and in the manner now prescribed for the holding of the general elections of said State. The vote of said election shall be consolidated at the Court House in Barrow County at noon on the day following the election, as is now

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provided by law for the consolidation of general elections, and it shall be the duty of the Superintendents, or a majority of them, to consolidate the votes of said election, to make returns thereof, and certify the same to the Ordinary of said County, which shall show the number of votes cast at said election, the number of votes against City Court, and the number of votes for City Court; and it shall be the duty of the Ordinary of said County, upon receiving such returns, to examine the same, to decide any and all questions that may arise or occur in the holding of such election, and to declare in writing the result of said election, which election, together with said returns shall be spread on the minutes of the Court of Ordinary of said County, and the Ordinary of said County shall certify to the same to the Secretary of State, which certificate shall be kept on record by the Secretary of said State and the Ordinary shall also at the same time certify the same to the Governor of said State. Election. how held. Consolidation and return of votes. Declaration of result. Sec. 55. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 5, 1922. CAIRO CITY COURT; JURY TRIALS IN CRIMINAL CASES. No. 502. An Act to amend An Act to establish the City Court of Cairo in and for the county of Grady; to define its jurisdiction and power; provide for the election of a Judge and Solicitor thereof; also other officers thereof; to provide for their compensation, powers and duties; which Act was approved August 8th, 1906; this amendment giving the right to both the State and the accused in criminal cases to demand trial by a jury and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 27 of the Act creating the City Court of Cairo approved on August the 8th, 1906, be and the same is hereby amended by striking out the words The Defendant in line seven of said section and insert in lieu thereof the following: The Prosecuting Officer and the Defendant, also by striking out the words He Waives at the beginning of line eight of said section and insert in lieu thereof They Waive, also by striking out the word He in the same line of said section between the word If and Answer and insert in lieu thereof They, also strike out the word Stands in said line of said section between the word Or and Mute and insert in lieu thereof the word Stand, also add in line ten after the word Defendant at the beginning of said line in said section and before the word Shall the words Or the Prosecuting Officer so that said section when so amended shall read as follows: The defendants in criminal cases in said City Court shall be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor: Said accusation shall be signed by the prosecutor and prosecuting officer of said Court. upon such affidavit and accusation being made and filed in the Clerk's office of said Court, the prosecuting officer and the defendant shall be asked by the Judge whether they waive trial by jury. If they answer Yes or stand mute, the Judge shall proceed to try said case; if the defendant or prosecuting officer shall answer No then the court shall proceed to try said case by a jury at the then present term, if a regular term, if not a regular term, then the Judge shall commit him for trial at the next regular term or special term, in all cases allowing bail to defendant, to be fixed by said Judge. The defendant shall not be allowed to demand indictment by a Grand Jury as a condition precedent to trial. Act of 1906 amended. To be read. Jury trial; demand or waiver. Sec. 2. Be it further enacted that all laws and parts of

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laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1922. CLAXTON CITY COURT; JURY TRIALS, TERMS, COMPENSATION OF OFFICERS. No. 374. An Act to amend an Act entitled an Act to establish the City Court of Claxton, in the city of Claxton, in the County of Evans; 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 bills of exception 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 said city court; and for other purposes, approved August 18, 1919, so as to provide for jury trials in all cases, upon demand therefor; to provide for quarterly terms of said court, and dispense with monthly terms; to regulate the compensation of the officers 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 section two (2) of said Act creating the City Court of Claxton be amended by striking all the words in said section two (2) of said Act, and substituting in lieu thereof the following, (so that when so amended said section two (2) shall read.) Section 2. Be it further enacted by the authority aforesaid, That said city court shall have jurisdiction to try and dispose of all cases of whatever nature, except those cases over which exclusive jurisdiction is

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vested in other courts by the Constitution of Georgia; provided that in all cases of justice court jurisdiction brought in said city court, only the costs applicable to such cases in justice's court shall be charged. Act of 1919 amended. Sec. 2 substituted. Jurisdiction defined. Sec. 2. Be it further enacted by the authority aforesaid, That section five (5) and said Act creating the City Court of Claxton be and the same is hereby amended by striking therefrom the words and figures ten and $1000.00, in the nineteenth (19th) line thereof, and substituting in lieu thereof respectively, the word six and figures $600.00 so that when so amended the last eight (8) lines of said section five (5) of said Act shall read: Section 5 amended. The judge of said city court shall receive a salary of six hundred ($600.00) dollars a year, which shall be paid monthly out of the treasury or depository of Evans 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 county affairs) of said county, and such county authority shall annually make provisions by levying taxes for this purpose. Judge's salary reduced. Sec. 3. Be it further enacted by the authority aforesaid, That section six (6) of said Act creating the City Court of Claxton be and the same is hereby amended by inserting in line twelve (12) of said section six (6), between the words Court and and, the following: Except in reduced felony cases his fees shall be the same as for misdemeanor cases, to wit, $10.50, instead of $30.50, so that lines ten (10), eleven (11), twelve (12), thirteen (13), fourteen (14) and fifteen (15) of said section six (6) of said Act shall read, when so amended: The said solicitor shall receive the same fees for each written accusation as are allowed a solicitor general for corresponding indictments in the superior court, except in reduced felony cases his fees shall be the same as for misdemeanor cases, to wit, $10.50, instead of $30.50; and his fees for all other services shall be the same, and paid in the same manner, as are allowed the solicitor general for like services in the Superior

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Court, the Supreme Court and the Court of Appeals. Section 6 amended. Fees of solicitor. Sec. 4. Be it further enacted by the authority aforesaid, That section ten (10) of said Act creating the City Court of Glaxton be and the same is hereby amended by striking all the words in said section ten (10) of said Act and substituting in lieu thereof the following, (so that when so amended said section ten shall read): Section 10. Be it further enacted by the authority aforesaid, That the clerk of said city court shall receive for his services in said city court, except as otherwise provided in this Act, the same fees as were allowed by law for like services in the superior courts immediately prior to the passage of the Act of the General Assembly of Georgia, increasing the fees of clerks of the superior courts in counties having less than fifty thousand population, approved July 23, 1920; and the sheriff of said city court shall receive for his services in said city court, except as otherwise provided in this Act, the same fees as were allowed by law for like services in the superior courts immediately prior to the passage of the Act of the General Assembly of Georgia, increasing the fees of the sheriffs of this State, approved August 12, 1918, and said clerk and said sheriff shall be amenable to the same process and penalties as they are amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are entitled to in the superior court, provided that for attendance upon said city court out of term time, for the trial of criminal cases, said clerk and said sheriff shall receive the sum of two dollars ($2.00) each per day. Sec. 10 amended. Clerk's fees. Sheriff's fees. Sec. 5. Be it further enacted by the authority aforesaid, That section eleven (11) of said Act creating the City Court of Claxton be and the same is hereby amended by striking all the words in the first six (6) lines of said section eleven (11) and substituting in lieu thereof the following (so that when so amended said six (6) lines shall read): Section 11. Be it further enacted by the authority aforesaid, That

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the terms of said City Court of Claxton shall be quarterly and held on the third (3rd) Mondays in February, May, August and November, each year. Sec. 11 amended. Terms of court. Sec. 6. Be it further enacted by the authority aforesaid, That section fourteen (14) of said Act creating the City Court of Claxton, as approved August 18, 1919, be and the same is hereby amended by striking all the words in said section fourteen (14) of said Act and substituting in lieu thereof the following, (so that when so amended said section fourteen shall read): Section 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 any case, civil or criminal, is entitled to a trial by jury under the Constitution and laws of this State, he shall be entitled to a trial by jury in said city court, by entering a demand therefor in writing by himself or his attorney, on or before the call of the docket at the appearance term of the court in civil cases, and on or before the call of the case for trial in criminal cases. Sec. 14 amended. Jury trial on demand. Sec. 7. Be it further enacted by the authority aforesaid, That section twenty-two (22) of said Act creating the City Court of Claxton be and the same is hereby amended by striking all the words in said section twenty-two (22) and substituting in lieu thereof the following, (so that when so amended said section twenty-two shall read): Section 22. Be it 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 Evans 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 court shall write upon separate tickets the names of said traverse jurors, and together with the judge shall place the same in a box prepared for the purpose, from which shall be

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drawn thirty-six jurors in the same manner and under the same rules as are applicable in the superior courts; and all laws with reference to summoning jurors, tales jurors, and juries, as the same are of force in the superior courts, so far as applicable to said city court, shall apply and be observed in said city court: all laws with reference to exemptions from jury duty, all reference to qualification of jurors, relationship, impanelling, striking, challenging, and fining of jurors, as the same are of force in the superior courts, so far as applicable to said city court, shall apply and be observed in said city court. Each juror shall be paid for his services in said city court two dollars ($2.00) per day, while acting as a juror in said city court. Sec. 22 amended. Juries, list, box, panels, etc. Laws applicable. Sec. 8. Be it further enacted by the authority aforesaid, That section thirty-four (34) of said Act creating the City Court of Claxton be and the same is hereby amended by striking the word four in the fifteenth and sixteenth lines of said section and substituting in lieu thereof the word six, so that the last six (6) lines of said section thirty-four (34) of said Act, when so amended, shall read: When any party is sentenced to the chain-gang of Evans County by the Judge of said city court for a period of six months or more, and actually serves six months of his sentence, the officers of said court shall be paid their actual costs in the case, by the county authorities of said county out of any funds in their hands. Sec. 34 amended. Chain-gang sentences, and officers' costs. Sec. 9. Be it further enacted by the authority aforesaid, That all matters pending in the City Court of Claxton at the time this Act goes into effect shall relate and conform to the terms of said court as fixed by this Act, and the status of each and every matter pending therein and relating to the terms of the court as heretofore fixed shall be preserved and relate to the terms of the court as fixed by this Act; and all jurors summoned and witnesses subpoenaed for the next term of said court, as heretofore fixed, shall respond to the next term as fixed by this Act. Pending matters relate to this Act. Sec. 10. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 11, 1922. CLAXTON CITY COURT; JURY TRIALS. No. 298. An Act to amend an Act entitled An Act to establish the City Court of Claxton, in the City of Claxton, in the County of Evans; to define its jurisdiction and powers; to provide for a judge, a solicitor, and other officers thereof, and fix their compensation; to regulate proceedings, pleading, practice, and new trials therein; to provide for direct bills of exception 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 said City Court, and for other purposes, approved August 18, 1919, so as to provide for jury trials in all cases, upon demand therefor. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section fourteen (14) of the above entitled Act creating the City Court of Claxton, approved August 18, 1919, be and the same is hereby amended by striking all the words in said section fourteen (14) of said Act and inserting in lieu thereof the following (so that when so amended said section 14 shall read): Section 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 any case, civil or criminal, is entitled to a trial by jury

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under the Constitution and laws of this State, he shall be entitled to a trial by jury in said City Court, by entering a demand therefor in writing by himself or his attorney, on or before the call of the docket at the appearance term of the court in civil cases, and on or before the call of the case for trial in criminal cases. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Act of 1919 amended. To be read. Jury trial on demand. Approved July 24, 1922. COLUMBUS MUNICIPAL COURT; COSTS AND SALARIES. No. 296. An Act to amend an Act entitled an Act to abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace, and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and County of Muscogee, and to define its jurisdiction and powers; to provide for the election of a judge and of other officers thereof, to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court, and writs of error therefrom, and for other purposes, approved August 12th, 1915, so as to provide for an additional cost bill in said court, and that the compensation of the deputy clerk of said court be fixed by the county commissioners of the County of Muscogee but shall not exceed $150.00 a month, and also for the purpose of amending the Acts (amending the above recited Act) approved August 19th, 1919, and August 7th, 1920, which amendments were for the purpose of regulating the salaries of the officers of the Municipal Court of Columbus, and for other purposes, by increasing the salary of the judge thereof, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled An Act to abolish the justice courts and the office of justice of the peace and notary public ex-officio justice of the peace and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and County of Muscogee, and to define its jurisdiction and powers; to provide for the election of a judge and other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court, and writs of error therefrom, and for other purposes, approved August 12th, 1915, be and the same is hereby amended as follows: By striking from the seventeenth line of section 14 of said original Act the figures and words $2.00 per diem and inserting in lieu thereof the words and figures fixed by the county commissioners of the County of Muscogee but shall not exceed $150.00 per month, so that section 14 of said Act when so amended shall read as follows: Sec. 14. Be it further enacted by the authority aforesaid, That the clerk of said Municipal Court shall have complete power and authority, coexistent and co-ordinate, with the power of the judge of said court, under the provisions of the Act, to issue any and all warrants, civil or criminal, summary processes and writs which are issuable as a matter of right; to accept and approve bonds and to discharge any and all other functions, ministerial in character, which under the laws of the State are performable by a justice of the peace. The judge of said Municipal Court shall have the power to appoint a deputy clerk, provided the business of said court, in the judgment of said judge, renders the service of such deputy indispensable. The deputy clerk, if and when so appointed, shall exercise all the functions and be subject to all the responsibilities and requirements of the clerk of said court. The compensation of said deputy clerk shall be fixed by the county commissioners of the County of Muscogee but shall not exceed $150.00 per month. Act of 1915 amended. Sec. 14 to be read. Deputy clerk's compensation. Sec. 2. Be it further enacted by the authority aforesaid,

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and it is hereby enacted by the authority of the same, That on and after the passage of this Act the costs charged and collected by the clerk and marshal of said Municipal Court of Columbus shall be the same as now determined and fixed by said original Act and by law, except as follows: For each witness sworn $0.25. For drawing jury and making out list, for each case tried $1.00. For summoning jury, for each case tried $1.00. For trial by jury, for each case tried $2.50. For issuing commission to take interrogatories $1.00. For issuing order to sell personal property $1.00 In cases or proceedings in which the principal sum claimed, or the value of the property in controversy, exceeds the sum of one hundred dollars, the costs charged and collected by the clerk and marshal of said court shall be the same as now determined and fixed by said original Act, by law and by the foregoing provisions of this section, except as follows: For entering up each judgment $0.75. For trial of each litigated case $0.75. For issuing each fi. fa. $0.75. For levying each fi. fa. and advertising $0.75. For attendance of marshal, for each judgment rendered $0.75. For each summons and copy suit after first copy $0.75. For taking bond in civil cases $0.75. Costs of clerk and marshal. 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 26, 1922. DAWSON CITY COURT; JURORS; JUDGE'S SALARY. No. 304. An Act to amend the Act establishing the City Court of Dawson, approved December 25th, 1898, so as to provide for the drawing of thirty-six traverse jurors, and for the trial of all cases by a jury of twelve, and to amend the Act, approved August 15th, 1903, amendatory thereof, so

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as to fix the salary of the judge thereof at $1,200.00 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 an Act, entitled An Act to establish the City Court of Dawson, in and for the County of Terrell, to define its jurisdiction and powers, 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 writs of error therefrom to the Supreme Court, and for other purposes, approved December 25th, 1898, be, and the same is, hereby amended by striking out the word sixteen in the tenth line of section 27 thereof and substituting in lieu thereof the word thirty-six, so that said section as so amended shall read as follows: Section 27. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said City Court of Dawson to prepare and file in his office a complete copy of the traverse jury lists of the Superior Court of Terrell County, as provided from time to time of such Superior Court. From said copy so made traverse jurors in said City Court shall be drawn in the following manner: The clerk of said City Court of Dawson shall write upon separate tickets the names of each traverse juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn thirty-six traverse jurors in the manner as now required by law in the Superior Courts. All laws with reference to the drawing, selecting and summoning traverse and tales traverse jurors in the Superior Courts shall apply to the City Court, except that the sheriff shall be paid $5.00 for summoning said jurors. All exemptions from jury duty now of force in the County of Terrell shall apply and be of effect in said City Court. Act of 1898 amended. Sec. 27 to be read. Juries and jurors. Sec. 2. Be it further enacted by the authority aforesaid, That the said Act be, and the same is, hereby further amended by inserting between the words jurors and now in the third line of section 28 thereof the following

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words: and all laws in reference to the number of strikes to which the State or the plaintiff and the defendant each is entitled, so that said section as so amended shall read as follows: Sec. 28. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, empaneling, fining and challenging jurors, and all laws in reference to the number of strikes to which the State or the plaintiff and the defendant each is entitled, now in force in this State, or hereafter enacted by the General Assembly, regulating the same in the Superior Courts, shall apply to and be observed in said City Court, except when inconsistent with the provisions of this Act. Sec. 28 to be read. Laws applicable as to jurors. Sec. 3. Be it further enacted by the authority aforesaid, That the said Act be, and the same is hereby further amended by striking therefrom all of section 29 of said Act, said section so stricken and repealed being as follows: Section 29. Be it further enacted by the authority aforesaid, That the sixteen jurors drawn and summoned as above provided shall be empaneled, and in all cases, civil or criminal, trial by a jury of twelve shall be had in said court when so demanded, but a trial by a jury of twelve may be waived, and in that event the jury shall be selected as follows: In civil cases each side shall have four strikes, and criminal cases the defendant shall have five strikes and the State three strikes; eight shall thus constitute a jury. When a jury of eight shall have retired for the purpose of considering a case, the parties in any case may by consent agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case, or defendant in a criminal case, declines to waive trial by a jury of twelve, then in civil cases each side shall be allowed two strikes, and in criminal cases the defendant shall be allowed three strikes and the State one strike from said panel. The jurors, those drawn on the regular panel, and likewise the talesmen, which the judge of said court is hereby empowered to have summoned instanter at any term of said court, whenever necessary to complete a panel, shall receive the sum of one dollar and a half per day while

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serving as jurors in said court, same to be paid under the rules governing the payment of Superior Court jurors. Sec. 29 repealed. Sec. 4. Be it further enacted by the authority aforesaid, That an Act amending the said Act, creating the said City Court of Dawson, which amending Act was approved August 15th, 1903, be, and the same is, hereby amended by striking out the words one thousand in the seventh line of section 1 thereof, and substituting therefor the words twelve hundred, and by striking out the figures $1,000 in the twentieth line of section 1 thereof, and substituting therefor the figures $1,200, so that said section 1, as so amended, will read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act establishing the City Court of Dawson, approved December 25, 1898, be, and the same is, hereby amended as follows: by striking the words six hundred in the eleventh line of section 3 of said Act and substituting the words twelve hundred therefor; by striking the word neither in the same line, and substituting the word not therefor, and by striking the words nor increased in the twelfth line of said section, so that, when so amended, said section will read as follows: There shall be a judge of said City Court, who shall be appointed by the Governor, by and with the consent and advice of the Senate, who shall hold his office for a term of four years, and all vacancies in the office of judge shall be filled by appointment by the Governor for the residue of the unexpired term, but should a vacancy occur when the Senate shall not be in session, the Governor shall make appointment to fill such vacancy, and submit such appointment to the Senate which shall thereafter convene. The judge of said City Court shall receive a salary of $1,200 per annum, which shall not be diminished during his continuance, except to apply to a subsequent term in office, and which shall be paid monthly by the treasurer of the County of Terrell; and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officer, to make provisions annually, in levying the taxes, for this purpose. The

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said judge shall receive no other compensation, but may practice law in any court except his own. Act of 1903 amended. Sec. 1 to be read. Judge's salary. 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 25, 1922. DECATUR CITY COURT; ELECTION TO ESTABLISH. No. 495. An Act to create and establish the City Court of Decatur; to define the jurisdiction thereof; to fix the terms of said court, and prescribe the practice and method of procedure therein; to provide for the appointment of the judge and solicitor of said court, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That there shall be created and established the City Court of Decatur, which shall be of like kind and character of the City Courts of Atlanta and Savannah, and with power, jurisdiction and method of procedure hereinafter provided. City Court of Decatur. Sec. 2. Be it further enacted by the authority of same, That said City Court of Decatur shall be located at Decatur in DeKalb County and shall have territorial jurisdiction co-extensive with the limits of said county. Location. Sec. 3. Be it further enacted, That said City Court of Decatur shall have jurisdiction to entertain, hear, try, and determine all civil courses of action, when the principal sum shall exceed one hundred dollars, and all criminal cases of DeKalb County, concurrent with the Superior Court of said county, except such civil courses of action and such criminal cases, the jurisdiction of which is exclusively conferred by the constitution and laws of this State upon the Superior Court. Jurisdiction.

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Sec. 4. Be it further enacted, That so far as the same may be applicable, and not herein otherwise provided, the rules of practice, forms of pleading and methods of procedure now prevailing in, or that may be hereafter provided for the Superior Courts of this State shall be adopted and followed in said City Court of Decatur. [Illegible Text] Sec. 5. Be it further enacted, That said court shall have bi-monthly terms, beginning with the third Monday in January 1923 and on third Monday of every second month thereafter, to be held at the court house at Decatur in said DeKalb County, and such terms shall remain open for the transaction of business until the next succeeding term unless adjourned by the Judge of said court, but a jury shall only be drawn for such terms as the Judge may determine the business of the court requires. Terms of court. Sec. 6. Be it further enacted by the authority aforesaid, That all suits filed in and to said court twenty days before the beginning of a term, upon which service of process shall have been made fifteen days prior thereto, shall be returnable to such term and shall be ripe for trial or disposition at the next term, the return term of said court being the appearance term, and the second term shall be the trial term. Return term of suits. Sec. 7. Be it further enacted, That all demurrers, pleas and answers shall be filed on or before the first day of the term of the court to which the case is returnable, unless further time is granted by the court, otherwise the case shall be in default, and so marked and at said return term judgment or verdict may be taken as the case may require. Demurrers, pleas, etc. Default. Sec. 8. Be it further enacted, That any indictment or presentment made by the Grand Jury of DeKalb County, in cases of which the City Court of Decatur has jurisdiction under this Act, may from time to time, be transferred by the Judge of the Superior Court of DeKalb County to the City Court of Decatur, and shall thereafter stand for trial in said court. transfer of indictments.

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Sec. 9. Be it further enacted, That any case of a civil nature pending in the Superior Court of DeKalb County at the time of the passage of this Act, or thereafter, of which the City Court of Decatur has jurisdiction under this Act may be transferred by the Judge of the Superior Court to the City Court of Decatur, and shall thereafter stand for trial in said court as though originally filed therein. Transfer of civil cases. Sec. 10. Be it further enacted, That all prosecutions in criminal cases instituted in the City Court of Decatur shall be by written accusation made by the solicitor, based upon affidavit, setting forth plainly the offense charged in terms of the law, upon which shall be entered the name of the prosecutor if any. But the solicitor may, in his discretion, make such accusation and proceed to trial thereon without affidavit as the basis therefor. Accusations. Sec. 11. Be it further enacted, That any case trial in the City Court of Decatur may be carried by writ of error, upon bill of exception, to the Court of Appeals of Georgia for review, in the same manner and under the same rules of procedure as in the Superior Courts. Writ of error. Sec. 12. Be it further enacted, That all writs, process, summons, and the like, shall issue, run, be served and directed in the same manner and to like purpose as in the Superior Court, except they shall be issued and annexed by the Clerk of the City Court of Decatur and shall be attested in the name of the Judge of said Court. Writs, processes, etc. Sec. 13. Be it further enacted by the authority aforesaid, That the Clerk of the City Court of Decatur shall prepare a jury list and jury box for said court which shall contain the names of all the grand and petit jurors of said county appearing from time to time on the jury list of the Superior Court of said county, from which jurors shall be drawn, selected, chosen and summoned for service in the City Court of Decatur, in the same manner as is done in the Superior Court. Jurors in said City Court shall receive the same compensation for service therein as in the Superior Court, and shall be paid by the County of DeKalb

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in the same way and out of like funds as jurors are paid in the Superior Court. A panel of twelve shall be required to constitute a jury for the trial of any case in said City Court of Decatur. Juries and jurors. Sec. 14. Be it further enacted, That the Judge of said City Court of Decatur shall be appointed by the Governor for a term of four years. He shall be at least twenty eight years of age, shall have practiced law at least five years and resided in DeKalb County for one year prior to his appointment. He shall take and subscribe in substance the same oath of office as prescribed for Judges of the Superior Courts. He shall be invested with all the power and authority of judges of the Superior Courts as to all matters, except such as are exclusively conferred upon the judges of the Superior Courts by the constitution and laws of this State. Such judge shall be paid a salary of three thousand dollars per annum, payable monthly out of the treasury of DeKalb County by the officers of said county authorized to pay out the funds of said county. The salary of such judge being an expense of said court. Judge. Eligibility. Oath. Powers. Salary. Sec. 15. Be it further enacted by the authority of same, That the solicitor of said City Court of Decatur shall be appointed by the Governor for a term of four years. He shall be at least twenty five years of age, shall have practiced law at least two years and resided in DeKalb County for one year prior to his appointment. He shall take the same oath of office in substance as is prescribed for Solicitor-General of this State. He shall represent the State and shall prosecute all criminal cases in said court and such as shall be carried to the court of appeals. He shall be paid a salary of two thousand dollars per annum, payable monthly out of the treasury of DeKalb County by the officer authorized to pay out the funds of said county. The salary of such Solicitor being an expense of said court. Solicitor. Eligibility. Oath. Duties. Salary. Sec. 16. Be it further enacted, That the solicitor of said court shall not be entitled to any fees and costs, but there shall exist for the office of Solicitor of City Court of Decatur,

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for the use of the County of DeKalb, the same schedule of fees and cost as is prescribed for the office of Solicitor General of the Stone Mountain Circuit, or which may hereafter be prescribed, and all costs, both in particular cases and matters, and all insolvent costs and fines, forfeitures and fees, and all funds, moneys and endorsements accruing to the office of the solicitor of said court shall be collected by the clerk of said court and paid by him into the treasury of DeKalb County; and all fines and forfeitures of said court shall be collected by the clerk thereof, and, after the payment of the costs of the officers of said court, including the costs of the commitment courts, if any, shall be paid by said clerk into the treasury of DeKalb County; all of which funds shall belong to said county, to be used for any lawful purpose. The clerk of said court shall keep a detailed record of all fines and forfeitures collected in said court, and the disposition made thereof, which shall be subject to inspection and audit at any time. Costs and fees. Fines and forfeitures. Detailed record. Sec. 17. Be it further enacted by authority aforesaid, That in the absence of the solicitor of said court for any reason the judge may appoint a solicitor protempore, who shall have the same authority while so acting as said solicitor, and shall be paid by the solicitor such reasonable amount for the service as the Judge of said court shall determine. Solicitor protempore. Sec. 18. Be it further enacted, That the Clerk of the Superior Court of DeKalb County shall be, by virtue of his office, the Clerk of the City Court of Decatur, and the sheriff of said county shall likewise be the Sheriff of said City Court, and each shall receive respectively the same fees for services in said court as are allowed them by law for like service in the Superior Court. The clerk shall provide all necessary dockets, writs and minute books, and such printed forms, stationery and the like as may be necessary for said court which shall be paid for by the County of DeKalb in like manner as such items in the Superior Court. Clerk. Sheriff. Books. Sec. 19. Be it further enacted, That the Judge of said court may appoint an official stenographer for said court

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who shall report such cases as the court may require. He shall receive the same fees as allowed for similar service in the Superior Court, and which shall be taxed and enforced as in the Superior Court. Stenographer. Sec. 20. Be it further enacted, That this act shall not go into effect until January 1, 1923. Effective Jan. 1, 1923. Sec. 21. Be it further enacted, That this act shall be submitted to the qualified voters of DeKalb County for their ratification by the ordinary of said county at an election to be held on September 13, 1922, under the rules and regulations governing elections for members of the General Assembly, notice of which election shall be given by publication in the newspaper publishing the Sheriff's sales of said county once a week for three weeks preceding the election. The ordinary shall provide for said election at the expense of the county, and prepare ballots therefor. Those who favor the ratification of this Act shall cast ballots having written or printed thereon the words, For City Court, and those who oppose ratification shall cast ballots having written or printed thereon the words, AgainstCityCourt. Returns of the election shall be made by the managers thereof to the ordinary who shall canvass the same and declare the result. If a majority of the ballots of the qualified voters of said county cast in said election be For City Court, then this Act shall be ratified and become effective and of force; otherwise not. Election to ratify this act. Ballots. Sec. 22. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved August 16, 1922. EASTMAN CITY COURT; TERMS. No. 432. An Act to amend an Act to establish the City Court of Eastman, in the County of Dodge; to define its jurisdiction

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and powers; to provide for the election, qualifications, duties, powers, compensation etc., of the officers thereof and for other purposes, Acts 1912, pages 199-215, by changing the times of holding said court from the second Mondays in January, April, July, and October in each year to the fourth Monday in January, April, July, and October in each year, and for other purposes. Section 1. By striking the word second in the third line, of section 11 of said Act and inserting in lieu thereof the word fourth, so that said section when so amended, will read as follows: Act of 1912 amended. Sec. 11. Be it further enacted by the authority aforesaid, That the regular terms of said City Court of Eastman shall be held quarterly on the fourth Mondays in January, April, June, July and October of each year. The Judge of said court shall have power to hold said court in session so long as in his judgment the same shall be necessary at each regular and adjourned terms, and he shall also have power to order and hold adjourned terms of said court when in his judgment it is necessary, and to adjourn his regular terms to such times as he shall deem best. Said judge shall in his discretion have power and authority to hold special terms of said court for the trial of criminal cases when trial by jury is demanded, and he shall have the power to draw juries for such special terms in the same manner as juries are drawn at regular terms, and he shall have the same power as to holding adjourned and special terms of his court as Judges of the Superior Courts have. Sec. 11 to be read. Terms of court. Sec. 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and they are hereby repealed. Approved August 15, 1922.

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ELLAVILLE CITY COURT; FEES. NO. 389. An Act to amend An Act to establish the City Court of Ellaville in and for the County of Schley; to define its jurisdiction and powers; to provide for the appointment of a Judge, Solicitor and other officers, and for other purposes, approved August 21, 1906, by striking the word two from line two of Section 9 of said Act, and inserting in lieu thereof the word five, and by striking the word three from line three of section 9, and inserting in lieu thereof the word five and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that the Act of the General Assembly of Georgia, approved August 21, 1906, pages 233 to 244 inclusive, creating the City Court of Ellanville, in the County of Schley, be and the same is hereby amended by striking from line two of section 9 the word two and inserting in lieu thereof the word five and by striking from line three of said section the word three and inserting in lieu thereof the word five so that said section, when so amended, shall read as follows: Act of 1906 amended. Sec. 9. Be it enacted by authority aforesaid, That the clerk of said City Court shall be paid five dollars per day, and the sheriff thereof five dollars per day for attendance upon said court, and unless otherwise specified in this Act, they and their deputies shall receive for all other services the same fees as are allowed, by law, for like services in the Superior Court, and for services rendered, when no compensation is provided by law, they shall receive such compensation as the Judge of said City Court, shall in his sound discretion, allow. They shall be amenable to the same process and penalties as they are now amenable to as officers of the Superior Court; and they shall be entitled to the same remedies to enforce the collection of their

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fees and costs, in said City Court, as they are now entitled to in the Superior Court. Sec. 9 to be read. Clerk's compensation 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 11, 1922. HALL COUNTY CITY COURT; SALARIES. No. 344. An Act to amend an Act to establish a City Court in the County of Hall and to provide for the appointment of a Judge and Solicitor thereof, approved August 14th, 1891. And all amendments thereto, so as to increase the salaries of the Judge and Solicitor of said court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved August 14th, 1891, establishing the City Court of Hall County and providing for the appointment of a Judge and Solicitor thereof, and all amendments thereto, be and the same is hereby amended so as to increase the salary of the Judge of said court to two thousand dollars per annum, and so as to increase the salary of the Solicitor of said court to eighteen hundred dollars per annum. Said increase in salaries shall take effect January 1st, 1923, and from and after that date the Judge of said City Court shall receive a salary of two thousand dollars per annum and the Solicitor of said City Court shall receive a salary of eighteen hundred dollars per annum, each payable monthly by the proper authorities of Hall County. Provided, that the foregoing enactment shall be submitted to the voters of Hall County at the regular general election to be held in November 1922, at which election ballots shall be provided giving the voters of Hall County opportunity

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to vote for or against said enactment, and said enactment shall not become effective until ratified by a majority of the votes cast for or against said enactment at said November election; and the result of the vote on said enactment shall be declared by the ordinary of Hall County, and if said enactment is so ratified the same shall become effective and of force on the first day of January, 1923. Act of 1891 amended. Salaries of judge and solicitor increased. Effective Jan. 1, 1923. Election to ratify this act. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 5, 1922. HAZLEHURST CITY COURT ABOLISHED. No. 294. An Act to abolish an Act entitled An Act to establish the City Court of Hazlehurst in and for the County of Jeff Davis, in the State of Georgia; to define its jurisdiction and powers; to provide for the appointment and election of a Judge, Solicitor, an other officers thereof; the appointment for a stenographer therefor; and to define the powers and duties; to provide for pleading and practice therein, and for other purposes, and to transfer the cases both civil and criminal pending in said City Court House of Hazlehurst, to the Superior Court of Jeff Davis County, to fix the trial term of said cases, 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 of the General Assembly approved August 20th, 1913, as set out in the Acts of 1913, pages 205 to 219, inclusive, be and the same is hereby repealed. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, that

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the City Court of Hazlehurst in and for Jeff Davis County be and the same is hereby abolished. Be it further enacted by the authority aforesaid, That from and after the passage of this Act that the Clerk of the City Court of Hazlehurst be and he is hereby directed to deliver to the Clerk of the Superior Court of Jeff Davis County all accusations in criminal cases, and all bonds and warrants in criminal cases and motions orders and judgment of every kind in criminal cases, and the said Clerk of the Superior Court of Jeff Davis County is hereby directed to receive the same and file the same to deliver all of such accusations, bonds, orders, motions and judgments to the Solicitor General of the Superior Court at the next term of such Superior Court to be laid by such Solicitor before the Grand Jury for indictment, and such cases so transferred to the Superior Court shall be tried in the Superior Court only upon indictment by the Grand Jury. Be it further enacted by the authority aforesaid, That all civil cases, the original papers and original defences of every kind and nature be and the same are hereby transferred to the Superior Court of Jeff Davis County and the Clerk of the Superior Court of said county is hereby directed to take charge of such papers and cases and docket the same upon the dockets of the Superior Court of Jeff Davis County and that thereafter said cases will be tried just the same as if such cases were originally brought to said Superior Court, the trial term being hereinafter specified and designated. Be it further enacted, That all civil cases of every kind and nature pending in the City Court of Hazlehurst at the time of the passage of the Act and so transferred by the Act be and it is hereby enacted by the authority aforesaid, that the trial term of all of such civil cases so transferred from the City Court of Hazlehurst to the Superior Court of Jeff Davis County shall be ready and stand for trial at the February Term, 1923, of the Superior Court of Jeff Davis County, and the February Term, 1923, of the Superior Court of Jeff Davis County is hereby declared to be the trial term of such cases so transferred and the September Term, 1922, of the Superior Court of Jeff

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Davis County is hereby made the appearance term of such civil cases so transferred by this Act; Provided, however, That by consent of all parties concerned that any civil case so transferred by this Act may be tried at the September Term, 1922. Be it further enacted by the authority aforesaid, That the provisions of this Act shall go into effect immediately upon the passage of this Act by the General Assembly. Act of 1913 repealed. City Court of Hazlehurst abolished. Transfer of matters to superior court. Be it further enacted 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, 1922. HOUSTON CITY COURT; JUDGMENTS AND TERMS. No. 381. An Act to amend An Act to establish City Court in and for County of Houston; to define its powers, jurisdiction, procedure and practice; to provide for the appointment of a Judge and other officers thereof; to define the powers of the judge and other officers thereof, approved August 8th, 1908, and the amendment thereof approved August 16th, 1913; so as to allow judgement taken at the first term in all civil cases where no defense is filed, and so as to change the time for holding 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 section 38 of the above recited Act to establish the City Court in and for County of Houston be, and the same is, hereby amended as follows: That section 38 of said Act be amended by adding at the end of said section the following. Provided that in all civil cases in said court where the principal sum claimed or involved exceeds the sum of one hundred dollars and to which no plea or defense

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is filed on the call of the appearance docket at the term to which said suit is brought, a judgment may be rendered by the court, or verdict taken, as the case may require, for the plaintiff on any succeeding day of said term upon the call of said case in open court. Provided, however, that the trial term for all civil cases brought to the July Term, 1922 of said court where a plea or defense is filed to said suit, the trial term for such cases shall be at the regular November Term, 1922 of said court, so that the section of the Act when amended shall read as follows: Acts of 1903 and 1913 amended. Sec. 38. 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 judgment or trial term, and all laws, rules and practice in the Superior Courts with reference to the terms thereof shall apply to the City Court of Houston County, unless otherwise provided in this Act; provided, that all civil cases in said court, where the principal sum claimed or involved does not exceed one hundred dollars, shall be triable at the first term after service has been duly had on the defendant, and shall then be heard and determined, unless continued in the manner provided by Law; and in such cases should no defense or plea be filed on the first day at the first term, or should such defense or plea be stricken by the court, a judgment may be rendered by the court or verdict taken as the case may require, for the plaintiff on any succeeding day of said term upon the call of said case in open court; and provided, that in all civil cases in said court where the principal sum claimed or involved exceeds the sum of one hundred dollars and to which no plea or defense is filed on the call of the appearance docket at the term to which said suit is brought, a judgment may be rendered by the court or verdict taken as the case may require, for the plaintiff on any succeeding day of said term upon the call of said case in open court: Provided, however, that the trial term for all civil cases brought to the July Term, 1922, of said court where a plea or defense is filed to said suit, the trial term for such cases shall be at the regular November Term, 1922 of said court. Sec. 38 to be read. Judgment at first term in civil cases.

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Sec. 2. Be it further enacted by the authority aforesaid, That section 15 of said above recited Act as amended by the Acts of 1913, approved August 16th, 1913, be, and the same is, hereby further amended by striking after word May in the fourth line thereof the word July and substituting in lieu thereof the words the second Monday in September and the third Monday in, so that when said section is amended same shall read as follows: Section 15. Be it further enacted, That the regular term of said City Court of Houston County shall be held quarterly beginning on the third Monday in January, the third Monday in May the second Monday in September and the third Monday in November of each year. The Judge of said court shall have the power to hold said court in session so long as in his judgment may be necessary and to adjourn the same from one day to another as he may see proper. Sec. 15 to be read. Terms of court, when held. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 11, 1922. LOUISVILLE CITY COURT; OFFICERS AND FEES. No. 496. An Act to amend an Act entitled an Act creating the City Court of Louisville, Georgia, approved August 19, 1911, as appears on pages 277 to 293, inclusive of the Georgia Laws, 1911, so as to reduce the bond required of the Solicitor of said City Court from $5,000 to $1,000; so as to make the Deputy Clerk of the Superior Court of Jefferson County, by virtue of his or her office, the Deputy Clerk of the said City Court; so as to regulate the fees of the Clerk and Sheriff of said City Court; 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 authority of the same, that an Act entitled an Act creating the City Court of Louisville, approved August 19, 1911, as appears in Georgia Laws, 1911, pages 277 to 293 inclusive, be and the same is hereby amended by providing that the bond of the Solicitor of the City Court of Louisville required in Section 5 of said Act shall be $1,000 instead of $5,000. Act of 1911 amended. Bond of solicitor reduced. Sec. 2. Be it further enacted by the authority aforesaid, That the Deputy Clerk of the Superior Court of Jefferson County shall be by virtue of his or her office, deputy Clerk of the City Court of Louisville. Deputy clerk. Sec. 3. Be it further enacted by the authority aforesaid, That section 37 of said Act be and the same is hereby repealed and the following to be known as section 37 of said Act, is substituted in lieu thereof as follows: Section 37. Be it further enacted, That in all civil cases brought by ordinary petition in said court, including trover actions, in which the principal amount, not including attorneys fees, is less than one hundred dollars, the cost shall be as follows: The Sheriff shall receive for serving the same, the sum of two ($2.00) dollars for each copy served, and the clerk shall receive three ($3.00) dollars for his whole service in connection with said case. Where the principal amount involved is one hundred ($100.00) dollars, or more, the Sheriff shall receive $3.00 for each copy served, and the Clerk shall receive $6.00 for his whole services in connection with said case. In all other cases except as hereinafter provided, the costs shall be the same as in the Superior Courts of this State. New Sec. 37. Fees of clerk and sheriff in certain cases. Costs in other cases. 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, 1922.

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LOUISVILLE CITY COURT; SALES UNDER EXECUTION. No. 370. An Act to amend section 26 of An Act entitled An Act creating the City Court of Louisville, Georgia, for the County of Jefferson; to define its jurisdiction and powers, etc, approved by the General Assembly of Georgia, August 19th, 1911, so as to provide that all sales under execution or other process from the monthly term of the City Court of Louisville shall be made under the same rules and regulations as under Superior Court executions, except that such sales shall only be advertised in the official organ or gazette of Jefferson County, Georgia, once a week for two weeks next preceding the day of sale; and for 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 section 26 of the Act of the General Assembly of Georgia, creating the City Court of Louisville, in and for the County of Jefferson, approved by the authority aforesaid on August 19th, 1911, said section appearing on page 286 of the Acts of the General Assembly of Georgia, 1911, be and the same is hereby amended by striking from the seventh line of said section the words, ten days before the Courthouse door and at two other public places in Jefferson County, and substituting in lieu of said language so stricken from the seventh line of said section the following language, Once a week for two weeks next preceding the day of sale, in the official organ or public gazette in which the regular sheriff's sales of Jefferson County, Georgia, are advertised, so that said section when amended as above provided shall read as follows: Act of 1911 amended. Sec. 2. Be it further enacted, That sales made under execution or other process from the quarterly term of said City Court shall be governed by the same rules and regulations as under Superior Court executions and sales made

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under executions or other process from the monthly term of said court may be made after advertising the property once a week for two weeks next preceding the day of sale, in the official organ or public gazette in which the regular sheriff sales of Jefferson County, Georgia, are advestised; way as are usual in like cases in the Superior Courts. All other sales shall be made under rules prevailing and governing in the Superior Courts. All bonds returnable to the Superior Court shall follow the case to the City Court, when so transferred, and the defendant in such cases shall be bound to appear at said City Court at its first monthly term after such bill is transferred. Advertisement of execution sales. Sec. 3. Be it enacted by the General Assembly of the State of Georgia, and it is hereby 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 11, 1922. LYONS CITY COURT, ELECTION TO ESTABLISH. No. 382. An Act to establish the City Court of Lyons, in the City of Lyons, in Toombs County, Georgia, to define its jurisdic-provided, that all levies upon land shall proceed in the same tion and powers, to provide for the election of a judge and other officers thereof, and to define their powers and duties; to provide for the granting of new trials and writs of errors 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 from and after the passage of this Act, the City Court of Lyons, by that name, is hereby established and created, to be organized, located and held in the City of Lyons, in Toombs County, Georgia, with jurisdiction, civil and criminal, as hereinafter provided. City Court of Lyons. Location.

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Sec. 2. Be it further enacted, That the jurisdictional limits of the City Court of Lyons shall embrace the whole County or Toombs, and this court shall within those limits, have jurisdiction concurrent with the Superior Court of the County of Toombs of all civil cases of whatever nature, except those in which jurisdiction is exclusively given to the Superior Court by the Constitution and laws of the State; provided that in all cases brought in said court, where the principal amount is less than $50.00, the plaintiff shall pay all cost in excess of justice court cost in similar cases, and the said jurisdiction herein conferred shall include not only ordinary suits by petition and process, but also all other kinds of suits and proceedings which are now or may hereafter be in use in the Superior Courts, either under the common law or by statutes, including, among others, attachments and garnishment proceedings, illegalities, counter affidavits to any proceeding from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrants, foreclosure of liens upon chattel mortgages. Jurisdiction defined. Civil cases. Sec. 3. Be it further enacted, That said City Court of Lyons shall have criminal jurisdiction to try and dispose of all offenses committed in the County of Toombs, and which do not subject the offenders loss of life or confinement in the penitentiary. Criminal cases. Sec. 4. Be it further enacted, That there shall be a judge of said court who shall be appointed by the Governor for a term of four years, or until his successor is appointed and qualified, such appointment being subject to the approval of the Senate, which may be then in session or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next regular session thereafter. The Judge of said City Court of Lyons shall receive a salary of twelve hundred ($1,200.00) dollars per annum which shall be paid monthly out of the treasury or depository of the County of Toombs, by the person or persons charged by law with paying out money of the County of Toombs. Judge to be appointed. Salary.

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Sec. 5. Be it further enacted, That the first term for which a judge of said City Court of Lyons shall be appointed shall begin on January 1st, 1925, and continue for four years, or until his successor is appointed or qualified. Term of office. Sec. 6. Be it further enacted, That I. H. Corbitt be, and is hereby, constituted and appointed Judge of said City Court of Lyons for the interim between the date that this Act goes into effect as hereinafter provided, and January 1st, 1925 or until his successor is appointed and qualified. Judge named for interim. Sec. 7. Be it further enacted, That any person who shall be appointed judge of the City Court of Lyons must at the time of his appointment be at least thirty years of age and must have resided in Toombs County at least three years immediately preceding his appointment, and he must also have been a practicing attorney at least five years before his election, and he shall before entering upon the discharge of the duties of his office take and subscribe the following oath: I do solemnly swear I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the City Court of Lyons, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of the United States, so help me God, and said oath shall immediately thereafter be forwarded to the Governor and filed in the executive department. Said judge shall have authority to issue criminal warrants, to dispossess tenants holding over intruders, to issue distress warrants and generally do all acts which the judge of the County Courts of this State are authorized to do, unless otherwise provided. Eligibility of Judge. Oath of office. Authority to issue warrants, etc. Sec. 8. Be it further enacted, That the judge of said court shall 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 other officers of said City Court of Lyons shall have power respectively, to administer

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all oaths pertaining to their respective offices as the judge and other officers of the Superior Court may in like cases do, and said judge shall also have power to attest deeds and other papers and administer oaths in all cases anywhere in the State, in which by existing laws such papers may be attested and oaths administered by a justice of peace of this State, and the judge of said City 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 Superior Courts, and all laws relating thereto and governing the judges of the Superior Courts shall apply to the judge of said City Court so far as the same may be applicable, except as herein provided. Powers, of judge. Sec. 9. Be it further enacted, That the judge of said City Court shall have power and authority to hear and determine all civil cases of which said court has jurisdiction, and to give judgment and award execution thereon; Provided always, that either party in any case shall be entitled to a trial by a jury in said court, upon entering a demand therefor by himself or his attorney in writing, on or before the call of the docket of said court at the term to which the same is returnable, in all cases where such party is entitled to a trial by a jury under the Constitution and laws of this State. Jury trial on demand. Sec. 10. Be it further enacted, That the judge of said City Court may practice law in any of the courts of this State or United States, except in said City Court and the Court of Appeals and the Supreme Courts in writs of error from said City Court. The judge of the Superior Court and the judge of the City Court may preside in the courts of each other in said county in cases where the judge of either court is, for any cause, disqualified to preside, provided, also, 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 on account of absence or other cause shall fail to preside in said court, as above provided

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then upon consent of the parties, or upon their failure or refusal to agree, said case may be tried by a judge pro hac vice selected in the same manner as now provided for in the Superior Courts. Practice of law by judge. May preside in superior court. Judge pro hac vice. Sec. 11. Be it further enacted, 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 way and with the same power as the judge of the Superior Court. Habeas corpus. Sec. 12. Be it further enacted, That there shall be a solicitor of the City Court of Lyons, who shall be appointed by the Governor for a term of four years, or until his successor is appointed and qualified, such appointment being subject to the approval of the Senate, which may be then in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next regular session thereafter. The Solicitor of said City Court of Lyons shall receive a salary of nine hundred ($900.00) dollars per annum, which shall be paid monthly out of the treasury or depository of the County of Toombs, by the person or persons charged by law with paying out the money of the County of Toombs. Solicitor to be appointed. Salary. Sec. 13. Be it further enacted, That the first term for which a solicitor of said City Court of Lyons shall be appointed shall begin on January 1st, 1925 and continue for four years or until his successor is appointed and qualified. Term of office. Sec. 14. Be it further enacted, That D. C. Pattillo be, and is hereby, constituted and appointed solicitor of said City Court of Lyons for the interim between the date that this Act goes into effect, as hereinafter provided, and January 1st, 1925, or until his successor is appointed and qualified. Said solicitor shall prosecute all offences cognizable before said City Court of Lyons, and shall represent the State in all cases carried from said City Court to the appellate courts of this State. No person shall be appointed solicitor of said court unless at the time of said appointment he shall

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have arrived at the age of twenty-five years, and shall have been a resident of said County of Toombs for three years next proceeding such appointment, and shall have been a practicing attorney at law for at least five years. He shall also, in addition to the oath required of all civil officers take and subscribe an oath to faithfully and impartially discharge his duties as the solicitor of said court. 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., who shall act in the place and stead of the solicitor in the prosecution of such case. Solicitor named for interim. Duties. Eligibility. Oath of office. Solicitor pro tem. Sec. 15. Be it further enacted, That the clerk of the Superior Court of Toombs County shall be clerk of the City Court of Lyons, and he shall perform the same duties that are by law required of him as an officer of the Superior Court, so far as the same do not conflict with the provisions of this Act, and for his services he shall receive the same compensation that he is entitled to receive for similar services in the Superior Court; the clerk shall execute a bond for the sum of one thousand dollars, payable to the Governor, conditioned for the faithful discharge of his duties as clerk of said city court, which bond shall be approved by the judge of said city court, and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the clerk of the Superior Court shall fail to qualify, or to execute said bond, the judge of said city court is hereby authorized to appoint a clerk for said court. Clerk. Compensation. Bond. Appointing of clerk. Sec. 16. Be it further enacted, That the sheriff of Toombs County shall be sheriff of said city court. Before entering upon the discharge of the duties of his office, he shall execute a bond with good security in the sum of five thousand dollars payable to the Governor, conditoned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of said city court, and entered on the minutes thereof, and which said bond may be sued on

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by any person interested. In the event the sheriff of Toombs County shall fail to qualify as sheriff of said city court, the judge of said city court shall appoint a sheriff for said court. The sheriff of said court shall have power to appoint deputies as the business of the court may require, who shall give such bonds as are required of feputy sheriffs; said sheriffs shall receive such fees as the sheriffs of Toombs County are now or hereafter may be allowed for similar services, and shall perform the same duties required of sheriffs of the Superior Courts, applicable under the Act and not in conflict herewith. Sheriff. Bond. Appointment of sheriff. Deputies. Fees. Duties. Sec. 17. Be it further enacted, That all fines and forfeitures paid into said city court shall be immediately transmitted to the treasury or depository of said County of Toombs, and, on the 1st of each calendar month, the clerk and sheriff of said city court shall make out and verify a statement of all costs and fees to which they are respectively entitled, arising from the disposition of criminal cases in said city court, using as a basis for such statements the fees now provided by law for Clerks of the Superior Courts and county sheriffs in criminal cases disposed of in the Superior Courts, which cost and fees when so verified shall be paid monthly out of the treasury or depository of the County of Toombs, by the person or persons charged by law with paying out the money of the County of Toombs. Fines and forfeitures. Costs and fees, how payable. Sec. 18. Be it further enacted, That in said city court the same rules of procedure, service, pleading and practice shall govern as for the time being obtain in the Superior Courts except as otherwise provided in this Act, and except that each term of said City Court actually held, it shall be the duty of the presiding judge to call the appearance docket, at which time, in all cases founded upon unconditional contracts in writing, where there has been legal service on the defendant, and no issuable defense is filed thereto in writing, or if filed is adjudged to be insufficient in law, either in form or substance, and is stricken, then judgment shall be entered by the Court at such appearance term without

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the intervention of a jury. In all cases where suit is brought for a liquidated demand on an account, and there has been legal service on the defendant, and no defense is filed thereto, or if such defense as is filed is stricken or adjudged to be insufficient in law, either in form or substance, it shall be the duty of the court at such term to give judgment thereon without intervention of a jury. All exceptions to declaration and pleas, motions to dismiss and dilatory pleas and demurrers shall be passed upon at such appearance term of the court unless the same shall be by consent of the parties or by the court continued, and when all such preliminary questions and dilatory pleas and motions are disposed of, if the case is otherwise ripe for trial and there is no issue offered or left among the pleadings, then in like manner the court shall give judgment at such appearance term without the entervention of a jury. All other cases shall be governed as to the trial term thereof by the rules of procedure and practice prevailing in the Superior Courts of this State at the time of trial, and whenever, and in all cases where the rules of the Superior Court cannot be made applicable on account of the difference of the Constitution of said court, then the judge of said court may make and promulgate rules to govern said cases. Procedure. Appearance docket. Judgment without jury. Motions and pleas. Sec. 19. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the Superior Courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits or witnesses by interrogatories or under subpoena, attendance of witnesses, continuances 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. Laws applicable. Sec. 20. Be it further enacted, That the regular jury terms of said court shall be held on the second Mondays in January, April, July and October. In addition to the above sessions, there shall be terms for which no jury shall be drawn, on the second Mondays in February, March, May, June, August, September, November and December. Any

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and all cases within the jurisdiction of said city court of Lyons may be made returnable either to the monthly or quarterly terms under the same conditions and requirements as to filing, service, pleas, demurrers and defaults as provided in this Act. Upon the call of any case upon the issue docket either at a monthly or quarterly term, either party shall have the right to demand a trial by jury, when this demand is made at a 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 any term the judge may hear and dispose of all demurrers and special pleas, make entries of In Default, and render final judgment on defaults; try and dispose of all cases, civil and criminal, ripe for trial, where a jury has not been demanded, as hereinbefore provided, and perform any and all judicial acts not inconsistent with the provisions of this Act. The judge of said court shall have power to hold said sessions and adjourn from time to time, provided that said court shall not remain continuously in session at any time until nearer than within five days of the next succeeding term, and the judge of said court may set cases for trial at convenient times, and the said cases may then be tried, whether court has been held from day to day until said time or not. Jury terms. No-jury terms. Jury trial on demand. Default judgments. Sessions of court. Sec. 21. Be it further enacted, That all judgments obtained in said city court shall be a lien on all property belonging to the defendant or defendants throughout the State, in the same manner as are judgments of the Superior Courts, and all executions issuing from said city court shall bear test in the name of the judge and be signed by the clerk thereof, and directed to the sheriff and his deputies of the City Court of Lyons, to all and singular the sheriff's and their deputies of the State of Georgia. Lien of judgments. Sec. 22. Be it further enacted, That suits in said City Court shall in all respects be conformable to the mode of proceeding in the Superior Court, except as otherwise provided in this Act, but the process to writs shall be annexed

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and signed by the clerk of said city court and bear test in the name of the judge thereof, and be directed to and be served by the sheriff and his deputies of the City Court of Lyons. Procedure and process. Sec. 23. Be it further enacted, That all laws upon the subject of garnishment and attachments as to any matter whatsoever in the jurisdiction of Superior Courts of this State shall apply to said city court, as if named with the Superior Court, so far as the nature of the city court admits, attachments in said court or returned to said court, shall be directed to the sheriff and his deputies of the City Court of Lyons, and to all and singular the sheriffs and constables of this State, and any justice of the peace or notary public may issue attachments returnable to said city court under the same laws that govern the issuing of attachments returnable to the Superior Courts. Attachments and garnishments. Sec. 24. Be it further enacted, That scire facias to make parties and revive judgments may 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 thereof. Parties. Sec. 25. Be it further enacted, That any writ or process of said city court to be served in any other county than Toombs shall be served by the same officers of the county of service as may serve Superior Court process, and parties out of the State may be served as in the Superior Courts. Service. Sec. 26. Be it further enacted, That all suits against joint obligors, joint promisors, co-partners, or joint trespassers, in which any one or more resides in Toombs County, may be brought in said court within its jurisdiction under the same rules and regulations governing such cases in the Superior Courts, mutatis mutandis, as to copies, second originals, returns, and other matters connected with the suit. Joint obligors, etc. Sec. 27. 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

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Court in so far as applicable to said city court shall be kept in and for said city court, and in the same manner, and shall be provided in the same manner as for the Superior Court. Records. Sec. 28. Be it further enacted, That all laws regulating the enforcing of judgments of the Superior Courts, whether civil or criminal, shall apply to said city court, and the executions shall issue and be levied, and sales be had thereunder, under the same rules and laws regulating the same in the Superior Court. Executions and sales. Sec. 29. Be it further enacted, That from and after the passage of this Act, judgments may be taken at the appearance term in all suits based on promissory notes, stipulating for attorney fees, when the statutory notice has been given, for principal, interest and attorneys' fees, unless there is a defense filed in said suit. Judgments at first term. Sec. 30. Be it further enacted, That the judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt and to enforce all his judgments, as is vested by law in the judges of the Superior Courts. Contempts. Sec. 31. Be it further enacted, That all persons liable to serve as grand and petit jurors in the Superior Court of Toombs County, shall be liable to serve as petit jurors in said city court, and the clerk of said city court shall copy into a book the lists of all names liable to serve as grand and petit jurors in said Superior Court, to be taken from the lists 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 jury lists are revised, to conform to said revision, which said book containing the list of persons liable to serve as jurors in said city court as above prescribed, shall be alphabetically arranged, and shall be kept in the office of the clerk of said city court. The clerk shall also make out tickets equal in number to the number of names on said lists, and write upon each the name of one of

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said persons on said lists, and deposit the same in a box to be provided at public expense, and numbered one, until there shall be a ticket in said box bearing the name of each person on said lists. Jurors. Sec. 32. Be it further enacted, That during the session of said City Court at each quarterly term in open court, the judge of said court, or the judge of the Superior Court, when presiding in said court, shall draw from said box number one, thirty-six names of persons to serve as jurors at the next jury term thereafter of said city court, and shall cause the clerk to record the names so drawn, and then deposit the ticket in another box or compartment, number two. These boxes shall be so constructed as to be kept under one seal, and shall be kept sealed, and shall not be opened by any person except the judge of said city court, or the judge of the Superior Court when presiding in his place, for the purpose of drawing juries in open court, except in cases when, from failure to draw a jury in term time or from other cause, it may be necessary to draw a jury from said city court in vacation time. If, from any cause, it should become necessary to draw a jury from said court in vacation time, either the judge of said city court or the Superior Court judge may at any time, fifteen days before the next jury term of said city court, in the presence of the clerk and sheriff of said court, proceed to draw juries in the manner above prescribed. The clerk of said court shall keep said jury boxes. The clerk of said court shall keep said jury boxes, and it shall be his duty as soon as practicable after the qualification of the judge of said court, to prepare said jury list in boxes as hereinbefore provided, and after said boxes are prepared the jury to serve at the first term of said court shall be drawn, as above provided, for drawing juries in vacation time. Juries, how drawn. Sec. 33. Be it further enacted, That it shall be the duty of the clerk of said court to issue and deliver to the sheriff or his deputy of said court a precept containing the names of the persons drawn as jurors in said court, and upon receipt

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of said precept said sheriff or his deputy shall cause the persons whose names are thereon written to be served personally or by leaving the summons at their most notorious place of abode, at least five days prior to the term of the court the jurors were drawn to attend. Service of jurors. Sec. 34. Be it further enacted, That twenty-four jurors drawn and summoned as above provided shall be impaneled in all cases, both civil and criminal, unless trial by jury is waived, and the same rules and regulations as to strikes and the selection of a jury of twelve from said panel in each case shall prevail in said City Court as now obtains in the Superior Courts of this State in the selection of juries in similar cases. The jurors, those drawn on the regular panel, and likewise the talesmen summoned, the judge of said court being empowered to have talesmen summoned instanter at any term of said court, whenever necessary to complete a panel, shall each receive the same pay per day while serving as jurors in said court as Superior Court jurors, same to be paid under the rules governing the payment of Superior Court jurors, and the City Court jury script shall stand on the same footing in every respect as Superior Court jury script. Panels of jurors. Sec. 35. Be it further enacted, That the incidental expenses of the said City Court of Lyons shall be paid in the same manner as such expenses in the Superior Court are paid. Incidental expenses. Sec. 36. 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. 37. Be it further enacted, That it shall be the duty of all justices of the peace, notaries public and all other officers having like authority, to commit or bind over to said City Court all persons charged with offenses for which they may be bound over or committed, within the limits of Toombs County, over which said City Court has jurisdiction, to answer for said offense in said City Court. Binding over.

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Sec. 38. Be it further enacted, That at any session or term of said City Court the judge thereof may hear and determine the case or cases of any person charged with the commission of any criminal offense within the jurisdiction of said court, on accusation, indictment or presentment, without a jury, provided, the person accused shall in open court waive a trial by jury in said court; and provided, further, that in no event shall the defendant be allowed to demand an indictment by the grand jury of said county. Should the accused waive trial by a jury in said court, the judge of said court shall have authority to try and dispose of said case at any time so soon as the State and the accused may get ready for trial, without waiting for a regular term of said court. Jury trial; demand or waiver. When an investigation of a case on accusation the offense appears to be a felony the trial shall be suspended and the defendant committed or bound over to the next term of the Superior Court of Toombs County, as in preliminary examinations. Felonies Sec. 39. Be it further enacted, That all criminal cases tried in said City Court, whether at a regular or special session, shall be upon a written accusation, unless upon indictment or presentment; such accusation shall set forth plainly the offense charged, and shall conform as to matter and substance with the rules of criminal pleadings which prevail in the Superior Courts, provided, however, that said accusation shall be amendable at any stage of the trial, until said accusations shall be legally sufficient, and same shall not be dismissed or quashed upon a mere technicality, said affidavit shall be based upon an affidavit made before the judge of said court or before some other competent judicial officer of this State, and same shall be signed by the solicitor of said court, or other attorney representing the State, and have endorsed thereon the name of the prosecutor, if any. Accusation. Amendment. Sec. 40. Be it further enacted, That the judge of the Superior Court of Toombs County shall by order transmit to said City Court for trial and final disposition all presentments

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and bills of indictments found by the grand jury for offenses within the jurisdiction of said City Court, which may remain undisposed of at the end of each term of the said Superior Court of Toombs County, 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 case 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 session after such indictment or presentment shall have been transferred, and after he shall have notice of such transfer. In like manner the judge of the Superior Court of Toombs County may by order transmit to said City Court all civil cases upon the docket of the Superior Court which are within the jurisdiction of said City Court, provided, that the parties in said cases shall agree that same be transmitted to said City Court. Transfer of indictments. Bonds. Transfer of civil cases. Sec. 41. Be it further enacted, That the judge of said City Court of Lyons 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 in new trials in the Superior Courts shall apply to and govern the same in said City Court. Upon the new trial of a case, either party in a civil case, or the defendant in a criminal case, shall have the right to demand a jury trial without regard to whether or not the preceding trial or trials were with or without a jury. New trials. Sec. 42. Be it further enacted, That a writ of error shall be direct from the City Court of Lyons to the Court of Appeals of the State of Georgia upon a bill of exceptions filed under the same rules and regulations as govern and control the issuing of writs of error and filing of bills of exception in the Superior Courts of this State. Writ of error. Sec. 43. Be it further enacted, That in the absence of the judge of said City Court, from indisposition or otherwise

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from any term of said court, it shall be the duty of the clerk or sheriff of said court to open and adjourn said court to such day as the judge in writing directs. Absence of judge. Sec. 44. Be it further enacted, That the judge of said City Court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court. Claim cases. Sec. 45. Be it further enacted, That the judge of said City Court of Lyons shall have power to appoint an official reporter or stenographer for said City Court, who for services rendered in reporting civil cases and furnishing briefs of evidence therein shall be allowed the same fees as is allowed for similar services in the Superior Courts, same to be paid by the parties under rules governing such matters in Superior Courts. Criminal cases may likewise be reported when defendants desire this done, and will pay for the services of said reporter. Stenographer. Sec. 46. Be it further enacted, That the sessions of said court shall be held in the court house of Toombs County, in said City of Lyons. Court-house. Sec. 47. Be it further enacted, That this Act shall become effective and the said court shall be operative, beginning October 1, 1922, provided, that a majority of the votes cast in an election to be held in Toombs County on the 13th day of September, 1922, shall be in favor of the establishment of said court. Voters voting in favor of the establishment of said court shall have written or printed on their ballot For the City Court, and those voting against the establishment of said court shall have written or printed on their ballot Against the City Court. The returns of said election shall be made to the Ordinary of Toombs County, and the returns consolidated and result declared by the said Ordinary. Election to ratify this act. Sec. 48. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and same are hereby repealed. Approved August 11, 1922.

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METTER CITY COURT; JURY TRIALS. No. 375. An Act to amend an Act entitled An Act to establish the City Court of Metter, in the City of Metter, in the County of Candler, approved July 29th, 1920, and amended July 28th, 1921, so as to provide that either party in any case in said court may have a trial by a jury of twelve upon demand. Section 1. 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 14 of an Act approved July 29th, 1920, establishing the City Court of Metter in and for the County of Candler, be amended as follows: By striking therefrom the words a civil case or the defendant in a criminal case, which words appear in lines six and seven of said section, and by inserting in lieu of the words stricken, the words any case in said court, so that said section when amended shall read as follows: Act of 1920 amended. Section 14. Be it further enacted by the authority aforesaid, That the judge of said City Court shall have power and authority to 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 any case in said court 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. Sec. 14 to be read. Trial by jury on demand.

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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 11, 1922. OGLETHORPE CITY COURT; TERMS. No. 327. An Act to amend an Act entitled an Act to amend section 13 of an Act approved August 22, 1907, entitled an Act to establish the City Court of Oglethorpe, for the County of Macon, to define its jurisdiction and powers, etc., so as to change the April term from the second Monday in April of each year to the last Monday in March of each year, and change the October term from the second Monday in October to the last Monday in September of each year, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That section one of the above recited amending Act to the Act to establish the City Court of Oglethorpe which amending Act was approved August 12, 1910, and which section amends section 13 of the original Act be, and the same is hereby amended by striking from said section one of said amending Act the word second in the first line and inserting in lieu thereof the word last and by striking the word April in the ninth line and inserting in lieu thereof the word March and by striking the word second in the ninth line and inserting in lieu thereof the word last and by striking the word October in the ninth and tenth lines and inserting in lieu thereof the word September, so that said amended section when so amended will read as follows: Section 13. Be it further enacted, That a regular term of the City Court of Oglethorpe shall be held quarterly

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beginning on the fourth Monday in January, the last Monday in March, the fourth Monday in July and the last Monday in September of each year. 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 adjourn the same from one time to another as he may see proper. Act of 1907 and 1910 amended. Sec. 13 to be read. Terms of court. Sessions. Sec. 2. Be it further enacted, That section 2 of the amended Act as stated in the caption be amended by striking the word September in the third line and inserting in lieu thereof the word October and by striking the word second in the sixth line of said section 2 and inserting in lieu thereof the word last and by striking the word October and inserting in lieu thereof the word September, so that said section 2 of the amending Act as stated in the caption when so amended shall read as follows: Section 2. Be it further enacted, That all cases, writs, processes and other matters returnable to or in order for trial at the October term of said court next succeeding the passage of this Act shall be and the same are hereby made returnable to and triable respectively at the term of said court beginning on the last Monday in September as provided for in this Act. Sec. 2 of act of 1907 amended. To be read. Return term of cases. 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 1, 1922. QUITMAN CITY COURT; CIVIL JURISDICTION. No. 418. An Act to amend an Act of the General Assembly of Georgia establishing the City Court of Quitman, Georgia, approved August 2, 1912, defining the jurisdiction of said court, 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 establishing a City Court of Quitman, approved August 2, 1912, be and the same is hereby amended as follows: By striking all of section 2, and substituting in place thereof the following: Be it further enacted, That said City Court of Quitman shall have jurisdiction to try and dispose of civil cases of whatever amount and to foreclose all mortgages and liens except in those cases over which exclusive jurisdiction is vested in the Superior Court by the Constitution and the laws of the State of Georgia; also provides that said City Court of Quitman shall not have power to correct errors in inferior jurisdictions by writ of certiorari, and said City Court shall not have power to issue writs of mandamus or prohibition or quo warrants. Act of 1912 amended. Jurisdiction. Powers not held. Sec. 2. Be it further enacted, That all laws and parts in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922. SANDERSVILLE CITY COURT; COSTS AND FINES. No. 378. An Act to amend an Act entitled an Act to create the City Court of Sandersville, in and for the County of Washington, to prescribe the powers and duties thereof; to provide for the officers thereof; to provide the compensation of said officers, and for other purposes, approved October 31, 1901, by striking section 41 of the Act of 1901, as amended by the Act approved August 23, 1905, by substituting in lieu and instead thereof a new section, to be known and designated as section 41 of said original Act, so as to provide for the collection of all costs, fines and forfeitures arising from all cases tried in said City Court, and to provide the way and manner in which same shall be paid and distributed; 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 section 41 of an Act entitled an Act to create the City Court of Sandersville, in and for the County of Washington; to prescribe the powers and duties thereof; to provide for the officers thereof; to provide the compensation of said officers, and for other purposes, approved October 31, 1901, as amended by an Act amendatory thereof approved August 23, 1905, by repealing section 41 of the Act of 1901, as amended by the Act approved August 23, 1905, and substituting in lieu and instead thereof a new section, to be known and designated as section 41 of said original Act, which shall read as follows, to-wit: Act of 1901 amended. Section 41. Be it further enacted by the authority aforesaid, That all costs, fines and forfeitures, arising from all cases tried in the said City Court, shall be paid over to the clerk of said City Court, whose duty it shall be to collect the same, and the said clerk shall keep a separate account thereof, and shall first pay to the several officers entitled thereto their costs in each particular case according to the orders of the City Court judge. After paying the costs in each particular case, to the respective officers entitled thereto, one-half of the remainder of said fines and forfeitures, including the fines and forfeitures arising from all transferred cases from the Superior Court and from all cases originating in said City Court of Sandersville, shall be paid by said clerk of the City Court into the treasury of Washington County and shall be applied by the county authorities to the payment of the salary of the solicitor of the City Court of Sandersville in the manner hereinbefore set forth, and, in the event said funds exceed the amount of said salary, then the excess shall be placed in the general county fund of the county as the property of the county; and the remaining one-half of all the fines and forfeitures, including the fines and forfeitures arising from all transferred cases from the Superior Court and from all cases originating in said City Court of Sandersville, shall be paid by the said clerk of the City Court to the clerk and sheriff of said City

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Court upon their insolvent cost bills in said court, upon orders of the City Court judge, in equal amounts to each of said officers; provided, however, that in each criminal case, where the defendant is convicted and is sent to the chain-gang of Washington County to work on the public works of said county, as provided by law, the county shall pay to all the officers of the court entitled thereto, and to all the various justices of the peace and constables of said county their entire costs in each of said cases which shall be paid out of the county treasury by the proper authorities of said county upon orders of the judge of said City Court. Sec. 41 to be read. Costs, fines, and forfeitures; collection and disposition. 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, 1922. STATESBORO CITY COURT; COSTS. No. 341. An Act to amend an Act entitled An Act to create the City Court of Statesboro, in and for the County of Bulloch, approved August 10th, 1903, and as amended by an Act approved August 22nd, 1907, so as to fix and determine the cost to be paid the clerk and sheriff of said court in civil cases, in said court, and so as to provide for the distribution of insolvent costs in criminal cases in said court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 9 of the Act approved August 10th, 1903, creating the City Court of Statesboro, be amended as follows: by adding at the end of the fifth line of said section the following sentence: In all civil cases in said court where the principal sum claimed exceeds one hundred dollars, the costs of the clerk shall be, for filing and docketing

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suit two dollars, for copying and issuing process two dollars, and for each copy after the first copy fifty cents; and in such cases the costs of the sheriff shall be, for serving copy of a process and returning original per copy, two dollars. Act of 1903 and 1907 amended. Costs in civil cases. Sec. 2. Be it further enacted by the authority aforesaid, That section 41 of said Act approved August 10th, 1903, as amended by the Act approved August 22nd, 1907, be amended as follows; by adding at the end of said section the following: Provided, that should there be with the treasurer of said county in January of any year from said insolvent fund an amount greater than is required to pay said solicitor his insolvent cost bill then so much of said fund not so absorbed shall be paid on the insolvent cost bill of the sheriff of said court for the preceding year in event said sheriff shall have an insolvent cost bill for said year unpaid at said time. Surplus to sheriff's insolvent cost bill. 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, 1922. STATESBORO CITY COURT; JUDGE'S SALARY. No. 320. An Act to amend Section 2 of an Act approved August 10th, 1903, creating the City Court of Statesboro, as amended by an act approved August 1st, 1906, and the several acts amendatory thereof so as to increase the salary of the Judge of said court. Section 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 City Court of Statesboro, approved August 10th, 1903, as amended by an act of the general assembly approved August 1st, 1906, be and the same is hereby amended as follows: By

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striking all of said section 2 of said Act approved August 10th, 1903, as amended by said Act approved August 1st, 1906, and all of said section one and two of said amendatory act, and inserting in lieu thereof the following sections, so that said section, when amended shall read as follows: Be it enacted by the authority aforesaid, That there shall be a Judge of said City Court of Statesboro, whose election, term of office and qualifications, shall be and remain as now fixed by law, and who shall receive a salary of eighteen hundred dollars per annum, which shall be paid to him monthly by the treasurer of the County of Bulloch, or other proper authorities having charge of said county funds, and it shall be the duty of the Commissioners of Roads and Revenues of said county, or other proper officers, to make provisions annually in levying taxes for this purpose. Said salary shall not be increased or diminished during the term of office of said Judge. The Judge shall receive no other compensation but may practice law in any court except his own. Acts of 1903 and 1906 amended. Sec. 2 to be read. Judge's salary increased. Sec. 2. Be it further enacted by the authority aforesaid, that the provisions of this Act shall go into effect on January 1st, 1923. 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 1, 1922. SUMMERVILLE CITY COURT ESTABLISHED. No. 428. An Act to establish a City Court of Summerville in and for the County of Chattooga, Georgia; to define its jurisdiction and powers; to provide for the appointment of a judge; to define his powers and duties; to regulate and fix his jurisdiction; and to provide for pleading and practice

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and a manner of granting new trials in said court on writs of error therefrom; to provide a jury and manner of drawing; their compensation and other officers, Clerk, Sheriff and Solicitors; to fix and regulate cost in said court, fines and forfeitures and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the City Court of Summerville in and for the County of Chattooga shall be established and be located in the County of Chattooga; said City Court to have civil and criminal jurisdiction over the whole County of Chattooga, said court to be located at the court-house of said County in Summerville, Georgia, the County Site. City Court of Summerville established. Location. Sec. 2. Be it further enacted, That the said City Court of Summerville shall have jurisdiction to try and dispose of all cases of whatever nature except over which exclusive jurisdiction is vested in the Superior Court or other Courts of a civil nature, and shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the County of Chattooga where the offender under the punishment described by law is not subject to loss of life or confinement in the Penitentiary. Jurisdiction civil and criminal. Sec. 3. Be it further enacted, That there shall be a judge of said City Court of Summerville appointed by the Governor of said State, whose term of office shall be for a period of two years, and that a vacancy in said office shall be filled by the appointment of the Governor of said State; that no person shall be appointed judge who is not a citizen of Chattooga County and who is not 21 years of age, and who has not had three years actual practice and who is not of good moral character. Judge to be appointed. Eligibility. Sec. 4. Be it further enacted, That the judge of said City Court of Summerville shall receive a salary of $500.00 a year, to be paid quarterly out of the Treasury of the County of Chattooga, and which salary shall be provided

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for by the County authorities in the levying of the tax for the County each year, and may at any time be increased by the Grand Jury at the spring term of Chattooga Superior Court. Salary of judge. Sec. 5. Be it further enacted, That the Solicitor General shall be made Solicitor of said City Court and appear and prosecute all of the criminal cases transferred to said City Court or arising therein, as is his duty to do and perform in the Superior Court, and that he shall be entitled to the same fees as are now provided in the Superior Court and paid in the same way and manner. It shall be the duty of the Solicitor General to prepare a list of the cases disposed of; the amount of fines and forfeitures collected, and his insolvent list prepared for the approval of the court which shall be spread upon the minutes of said court; it shall also be his duty, as well as the clerk, to have paid into the Treasury the excess of insolvent cost arising after the payment of all insolvent cost in said court. It shall also be his duty to prepare and try upon accusations all parties charged by warrants with crimes and no defendant in a criminal case shall have the right to demand indictment by the Grand Jury; said accusations to be tried under the same rules and regulations as bills of indictment. Solicitor. Duties. Sec. 6. Be it further enacted, That said City Court may try all misdemeanor cases confined in the jail who are unable to give bond, but the defendant shall have five days notice before he can be put upon trial of the intention of said court to try said defendant, and the same shall be tried under the regulations and requirements of a bill of indictment. Trial of misdemeanor cases. Sec. 7. Be it further enacted, That the Clerk of the Superior Court of Chattooga County, Georgia, shall be the clerk of the City Court of Summerville, provided he will act as such clerk and discharge all the duties of said office in the manner herein required and for the fees prescribed herein, but upon the refusal to serve as such clerk upon the conditions herein set out it is hereby made the duty of the

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judge of said city court to appoint a clerk for said court subject to removal by said judge at any time. The clerk, whether the clerk of the Superior Court or a clerk appointed as provided in this section, shall before entering upon his duties as clerk of the City Court of Summerville take and subscribe an oath to faithfully and impartially discharge the duties of his office, which oath shall be entered on the minutes of said court, and he shall also at the time give bond and security in the sum of three hundred dollars to be approved by the judge of the City Court of Summerville for the faithful discharge of the duties of his office as is done by the clerks of the superior courts of this State. Clerk. Appointment. Oath. Bond. Duties. Sec. 8. Be it further enacted, That the Sheriff of Chattooga County shall be the Sheriff of the City Court of Summerville, provided he will act as such sheriff and discharge all the duties of said office in the manner herein required and for the fees prescribed herein, but upon the refusal to serve as such sheriff upon the conditions herein set out it is hereby made the duty of the judge of said City Court to appoint a sheriff of said city court subject to removal by said judge at any time. The sheriff whether the sheriff of the Superior Court or a sheriff appointed as provided in this section shall before entering upon his duties as sheriff of the City Court of Summerville take and subscribe an oath to faithfully and impartially discharge the duties of his office, which oath shall be entered on the minutes of said court, and he shall also at the same time give bond and security in the sum of three hundred dollars to be approved by the judge of the City Court of Summerville for the faithful discharge of the duties of his office as is done by the sheriffs of the superior courts in this State. The duties of such sheriff shall be the same as that of sheriff of the Superior Court of Chattooga County, and he shall discharge all the duties of said officer in the same manner as he is required to discharge the duties of the Superior Court of Chattooga County. All the duties attaching to the office of clerk of the Superior Court and office of sheriff of Chattooga

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County shall attach to the office of clerk of the City Court of Summerville and of the office of sheriff of the City Court of Summerville, respectively, and the judge of said city court is empowered to exercise the same power and authority over the clerk and sheriff, and their deputies of the said city court as the judges of the Superior Courts have over the clerk and sheriff and their respective offices in this State. Sheriff. Appointment. Oath. Pond. Duties of Sheriff and clerk. Sec. 9. Be it further enacted, That the judge of the City Court of Summerville shall have the power and authority to issue writs of habeas corpus, to hear and dispose of the same, in the same manner with the same powers as the judges of the superior courts of said State. Habeas corpus. Sec. 10. Be it further enacted, That the judge of the City Court of Summerville shall have power and authority to hear and determine all civil cases of which said court has jurisdiction and to give judgment thereon, unless a trial by jury is demanded by either party. Trial by jury on demand. Sec. 11. Be it further enacted, That all judgments obtained in said city court shall be a lien upon all the property belonging to the defendant or defendants throughout the State, in the same manner as the judgment of the superior courts are, and all executions issued by said city court shall be signed by the clerk of said city court and attested in the name of the judge thereof, and directed to the sheriff of said city court and his deputies, and the sheriff and deputies of this State, except where the principal sum involved in said execution shall be less than one hundred dollars the same may be directed to the sheriff of said city court and his lawful deputies and to all and singular the constables of said county and may be levied by any lawful constable of said county. Judgment lien. Executions. Sec. 12. Be it further enacted, That in the quarter term all matters pertaining to service, filing of suits, and pleadings and practice, the law and rules governing the superior courts not in conflict with this Act shall apply to said city court. Procedure.

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Sec. 13. Be it further enacted, That claims to real estate levied upon by execution or other process from said city court shall be returned to the superior court of said county where such real property is situated and then proceed as other claims in such superior courts. Claims to realty. Sec. 14. Be it further enacted, That all laws upon the subject of attachment and garnishment, and second originals as to any matter whatever in the Superior Courts of this State, shall apply to the City Court of Summerville, as far as the nature of said City Court shall admit. The judge of the said city court or any justice of the peace may issue attachments returnable to the City Court of Summerville under the same laws that govern the issuance of attachments returnable to the superior courts of this State. Attachments and garnishments. Sec. 15. Be it further enacted, That the general laws of this State in regard to the commencement of suits in the Superior Courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits, or witnesses by interrogatories or depositions, or under subpoenas, witnesses and their attendance upon court or any other matter of judicial nature, within the jurisdiction of such Superior Courts, shall be applicable to the City Court of Summerville, except in the monthly term the practice and law in Justice Courts shall obtain. Laws applicable to suits, etc. Sec. 16. Be it further enacted, That the judge of said City Court shall have power to cause testimony to be taken and used, de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said court shall have power, respectively, to administer oaths pertaining to their offices, respectively, as the judge and the officers of the superior courts do of this State, in like cases. And said judge shall also have power to attest deeds and administer oaths anywhere in this State, as may be attested and oaths administered by the superior court judges of this State. All laws relating to and governing

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the judges of the superior courts of this State shall in the same manner and effect apply to the judges of said city court, so far as the same may be applicable or not herein prohibited. Judge's powers. Sec. 17. Be it further enacted, That said city court shall be a court of record and shall have a seal and the minutes, records, orders, books and files, except the records of pleadings, required by law to be kept for the superior courts of this State, shall be recorded. All laws applicable to the clerk and sheriff of the superior courts shall apply to said officer of said city court, in so far as the same may be applicable. Records. Laws applicable. Sec. 18. Be it further enacted, That all laws regulating the enforcement of indictments in the superior courts of this State, whether civil or criminal, shall apply to said city court, and the accusations in said court and executions shall be issued and levied and sales had on same, under the same rules and laws regulating same in the Superior Courts, except as otherwise provided in this Act. Accusations and executions. Sec. 19. Be it further enacted, That the judge of the City Court of Summerville shall have the same power and authority to enforce his orders, to preserve order, punish for contempt of his court, and contempt for any order, and enforce all of his judgments as is vested by law in the judges of the Superior Courts of this State. Contempts. Sec. 20. Be it further enacted, That the clerk of the city court shall prepare and file in his office a complete list of those persons liable to serve as traverse jurors in the Superior Court of Chattooga County, as provided from time to time by such Superior Court. From said list so made traverse jurors for said city court shall be drawn in the following manner. The clerk of said city court shall write upon separate tickets the names of each traverse juror and place the same in a box for that purpose, and the judge of said city court, together with the clerk and sheriff, at the close of each term or any time thereafter, shall draw

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not less than twenty-four, nor more than thirty-six jurors, as the judge of said city court may determine, from said box who shall serve as jurors in said court at the next regular term; provided, the Court has not drawn over twentyfour jurors to serve at any term should it become necessary while said court is engaged the judge may in like manner draw an additional twelve jurors or have summoned from those who are qualified jurors, a panel of twelve more to serve at said term, which said twelve shall be an extra panel for duty in said court with the other twenty-four drawn and impaneled. That from a panel in said court a jury of twelve shall be selected as follows: In all civil cases the plaintiff and defendant shall have six peremptory challenges or strikes, and in all criminal cases the State and defendant shall have each six peremptory challenges. Juries and jurors. Sec. 21. Be it further enacted, That all laws in reference to drawing, summoning and selecting traverse jurors, tales jurors in the superior courts of this State shall apply to said City Court of Summerville. Laws applicable. Sec. 22. Be it further enacted, That no juror shall be competent to try either a civil or criminal case in said court who is excluded under the terms of this Act, or the general law now of force in this State, or who has served as a juror at any preceeding term of said court prior to exhausting the jury box of all names contained therein, and that no officer of the county, sheriff, constable or deputy, shall be competent. Incompetent jurors. Sec. 23. Be it further enacted, That the judge of said city court is hereby authorized to appoint one bailiff to attend to the business of said court, and his duty shall be the same as are required of bailiffs in the superior courts of this State, and he shall be qualified in the same manner and subject to the same laws and rules and receive the same compensation as superior court bailiffs of Chattooga County. Baliff. Sec. 24. Be it further enacted, That it shall be the duties of the clerk of said city court and the solicitor-general before

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the adjournment of the superior court at the spring and fall sessions, or at any term at which indictments are found, to obtain an order from the judge of the Superior Court transferring all misdemeanors to the City Court of Summerville, and the sheriff shall make all appearance bonds returnable to the city court when defendants are arrested under said indictments and where bonds have been given, and same shall likewise be transferred with the bill of indictment and the defendant and his bondsmen required to make appearance to said City Court of Summerville for trial, the order transferring said indictments to be entered upon the minutes of said city court as well as on the minutes of said superior court. Transfer of indictments. Sec. 25. Be it further enacted, That writs of error shall be directed from said city court to the Court of Appeals of Georgia, upon a bill of exceptions filed under the same rules and laws as govern and control the issuing of writs of error and filing bills of exceptions in the superior courts of this State. Writ of error. Sec. 26. Be it further enacted, That the judge of said court shall have the power and authority to grant new trials in any case, civil or criminal, in said court, upon the same terms and conditions and upon the same laws and rules in every respect governing the granting of new trials in the superior courts of this State, and all rules of pleading and practice, governing pleading and practice in the superior courts of this State, shall apply in like manner to the City Court of Summerville. New trials. Sec. 27. Be it further enacted, That all jurors in said city court shall receive for their services for every day in actual attendance on said court the sum of $1.50 per day, to be paid out of the county funds as other debts against the county, and the clerk of said court is hereby authorized to issue to said jurors his script for the same, in the same manner and under the same rules as scripts are issued to jurors in the superior courts of Chatooga County. Pay of jurors.

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Sec. 28. Be it further enacted, That when the judge of said city court is absent, disabled or disqualified from performing his duties as judge in said court, the judge of the superior court may preside in his stead, or the judge of any city court in this State, or upon a consent of the parties in any case or upon their refusal to agree, any case may be tried by a judge pro hac vice, selected in the manner as is provided for selecting a judge pro hac vice in the superior court of this State. Any judge of any city court or any superior court of this State may preside in said city court where the judge of said city court is disqualified or not. Judge's absence or disqualification. Judge pro hac vice. Sec. 29. Be it further enacted, That upon the absence of the solicitor of said court or his disqualification to try any case, the presiding judge shall have the authority to appoint any competent attorney as solicitor pro tem, to act in his stead. Solicitor pro tem. Sec. 30. Be it further enacted, That all sums arising from fines and forfeitures in said court shall be listed by the clerk and spread upon the minutes of said court, and the same shall be a fund for the payment of the insolvent costs of the solicitor-general, the clerk and the sheriff, upon such basis as the same is now distributed in superior court. Fines and forfeitures. Sec. 31. In the event the judge of the City Court of Summerville should for any reason be disqualified in any criminal case originating in said court or transferred to said court from the superior court of said county, if it shall to the judge of said court seem expedient and economical he shall by his order transfer said criminal case to the superior court of said county for final disposition. Provided, however, nothing in this section shall be understood to abridge or qualify the right of the City Court of Summerville to dispose of said cases in said court by securing another judge to hear said cases. Trial of criminal cases where judge disqualified. Sec. 32. Be it further enacted, That in addition to the cost now provided for in bills of indictment these shall in

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every criminal case when tried or disposed of by plea of guilty be added the sum of $4.00 as jury fee, which shall be collected from the defendant when said fine is paid, and upon every civil case appealed to a jury there shall be in addition to the cost already fixed by law a jury fee of $3.00, which shall be collected as other cost in civil cases are collected. The clerk of said city court is required to collect said cost, and to pay the same into the treasury of said county. Costs. Jury fees. Sec. 33. Be it further enacted, That the fees of the clerk in the quarterly term of said court shall be $4.00 and for every second original and second copy shall be the same as in the superior court, and that his fees in the monthly term shall be one half of the amount entitled to in the quarterly term. For issuing fi fas and all other writs the same fees as in the superior court, and for every warrant issued by the judge of the city court, criminal or for fore closures of mortgages, or all liens in amounts over $100.00 the clerk's fee shall be the same as is fixed by law in the county court, and for amounts under $100.00 in civil matters shall be one half. Clerk's fees Sec. 34. Be it further enacted, That there shall be a quarterly term of said court, convening on the first Monday in January, first Monday in April, first Monday in July, and first Monday in October, and that said court shall stand open at all times for the transaction of criminal business; all suits in which the amount sued for exceeds $100.00 shall be filed to the quarterly term of said court, and the original petition shall be lodged in the office of the clerk 20 days prior thereto and a copy of the same served upon the defendant 15 days prior to the sitting of said court. The first term shall be the appearance term, and the platiff bringing the cause, if he desires the case tried before jury shall state in his declaration that he desires the same tried before a jury in said court, and same shall be submitted at the next term of said court to a jury therein impanelled. The defendant to all suits in the quarterly term

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by filing a defense under oath to said cause shall have the right to express in the same way his desire to have said cause determined by a jury, the issues to be determined by a jury at the next quarterly term. Terms of court. Jury trial to be demanded. In the monthly term the court shall have jurisdiction to try and determine all suits in which the principal claim does not exceed $100.00, and the judge of said court shall try and dispose of the same and give judgment thereon at the first term, but where the amount exceeds $50.00 the same may be appealed to a jury in said court and will then be referred to the next quarterly term and tried by a jury. In amounts less than $50.00, and which has been adjudicated by the court may be certioraried under the laws and regulations now provided for taking up cases by certiorari. All cases in default at either monthly or quarterly term may be decided and adjudicated by the judge, and said court is expressly authorized to entertain pleas of guilty in bills of indictment or to accusations in said court, but no defendant shall be put upon trial by accusation until said accusation is drawn, setting out distinctly and fully as is required by law the kind of charge, and read to him or his attorney. Trial terms. Defaults. Accusations. Sec. 35. Be it further enacted, That any laws or parts of laws in conflict with this Act, are, and the same are hereby repealed. Approved August 15, 1922. SUMMERVILLE COUNTY COURT ABOLISHED. No. 450. An Act to repeal an Act to create a county court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereof, so far as the same applies to the County of Chattooga, 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 above recited Act and all Acts amendatory thereof, as now embodied in the Code of 1895, from Section 4170 to 4217, inclusive, be and the same are hereby repealed, so far as they apply to the County of Chattooga, and the County Court of said County of Chattooga is hereby abolished; provided, however, that this Act shall not go into effect until the passage and approval of an Act creating the City Court of Summerville, in and for the County of Chattooga. Act of 1872 repealed as to Chattooga County. Sec. 2. That all papers, books, suits, mesne, and final processes, of whatever nature, and all criminal cases and business now pending in the County Court of Chatooga County be and the same are hereby transferred to the City Court of Summerville for trial and final disposition. Transfer of books and papers. Sec. 3. That all laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1922. SWAINSBORO CITY COURT; TERMS. No. 325. An Act to change the terms of the City Court of Swainsboro in Emanuel County from the third Mondays in each month to the fourth Mondays in each month, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the terms of the City Court of Swainsboro shall be held on the fourth Mondays in each month, the monthly terms shall be held each month and the quarterly terms on the fourth Monday in February, May, August and November;

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Provided the provisions of this Act shall take effect on the 1st day of October, 1922. Terms of court. 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 Augut 1, 1922. THOMASVILLE CITY COURT; JURY TRIALS. No. 303. An Act to amend the Act approved August 18, 1905, establishing the City Court of Thomasville in and for the County of Thomas, as amended by all Acts amendatory thereof, and particularly as amended by the Act approved August 22, 1907, so as to entitle the State to have a jury trial of any criminal case pending in said court; to provide for a trial by a jury of twelve jurors, upon demand by either party, of all cases, civil or criminal, pending in said court, and to insert in lieu of the words conformable to the law governing superior courts as the same may be applicable occuring in the latter part of section 4 of said amendatory Act approved August 22, 1907, the words without a jury, unless a demand for trial of such case by a jury is made by the State. Section 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 original Act approved August 18, 1905, as amended by all Acts amendatory thereof, and particularly as amended by the Act approved August 22, 1907, be, and the same is hereby amended as follows: The judge of said court shall have power and authority to try all criminal cases returned to and within the jurisdiction of said court, and to dispose of the same without a jury in all cases in which the defendant shall not

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have demanded a jury trial as provided by section 4 of said above recited amendatory Act of August 22, 1907; provided that the State shall be entitled on demand to have any criminal case pending in said court tried by a jury therein, which demand may be made either verbally or in writing by the solicitor-general of said court at or before the time said case is called for trial, and an entry of such demand shall be made on the docket by the judge. Acts of 1905 and 1907 amended. Trial by jury on demand. Sec. 2. Be it further enacted by the authority aforesaid, That section 4 of said tbove recited amendatory Act approved August 22, 1907; be and the same is hereby amended as follows: By striking from said section the words conformable to the law governing superior courts as the same may be applicable, occuring in the latter part of said section 4, and by inserting in lieu of said so stricken words the words without a jury, unless a demand for trial of such case by a jury is made by the State, so that said section when so amended shall be and read as follows: Section 4. Be it further enacted that section 9 of said Act be stricken out and the following substituted therefor as section 9. That before the arraignment of the defendant the judge shall inquire of him whether he demands a trial by jury, and the response of the defendant shall be endorsed on said accusation, and signed by the prosecuting officer in said court. If the defendant demands a trial by jury the judge of said court shall proceed with said case at the regular term of said court according to the rules and laws of the superior court applicable to the trial of misdemeanors, except that the jury shall be selected in the manner provided by this Act. If the defendant demands a trial by jury and the court is not sitting at the regular term, the judge shall admit the defendant to bail to appear at the next regular quarterly term of said court, or on failure of the defendant to give bond, shall commit him to jail until the next regular term of said court. Said demand for jury trial may be withdrawn by the defendant at any time. If the defendant waives trial by jury, the judge shall proceed to hear and determine such case without a jury, unless a

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demand for trial of such case by a jury is made by the State; provided a reasonable time may be granted to the State or the defendant to procure witnesses and prepare for trial. Sec. 4 to be read. Trial by jury on demand. Waiver or withdrawal. Sec. 3. Be it further enacted by the authority aforesaid, That in all civil cases pending in said city court in which cases a demand for a trial by jury shall be made by either party as provided by section 7 of the above recited amendatory Act of August 22, 1907, and in all criminal cases pending in said court in which cases a demand for a trial by jury shall be made by the defendant as provided by section 4 of said above recited amendatory Act of August 22, 1907, or in which cases a demand for a trial by jury shall be made by the State as provided in the foregoing section 1 of this Act, each party shall be entitled to a list of twenty-four jurors, drawn, selected and summoned in accordance with the provisions of section 23 of the above recited original Act approved August 18, 1905, from which to strike a jury, and in civil cases each side shall be entitled to six strikes, and in criminal cases the State shall have five and the defendant seven strikes, and every case, civil or criminal, in which a demand is made by either party for a trial by jury, shall be tried by a jury which shall consist of twelve jurors. Jury list. Striking jury. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 24, 1922. TOOMBS COUNTY CITY COURT ABOLISHED. No. 385. An Act to abolish the City Court of Toombs County, established by the Grand Jury of said County, at the August Term, 1920, of the Superior Court of said County, as appears

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of record in minute book 4, pages 134 and 135. 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 Oct. 1st, 1922, the City Court of Toombs County, established by the Grand Jury of said County, at the August Term, 1920, as appears of record in minute book 4, page 134 and 135, be and the same is hereby abolished. City Court abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all business, both civil and criminal now pending in said City Court of Toombs County be transferred for trial and final disposition to the Superior Court of Toombs County; and that all certioraries when passed upon by the Judge of the Superior Court, and all fi fas returnable to said City Court, when levied, shall be returned to the Superior Court of Toombs County, and the Judge of said City Court, and the Clerk thereof, are hereby directed to turn over all papers in all civil and criminal cases pending in said City Court to the Clerk of the Superior Court of Toombs County. However, this section of this act is not to become effective in case the act creating the City Court of Lyons should be ratified by the voters of Toombs County at the election to be held on the 13th day of September, 1922, as provided for in said act, but in that event, all business, both civil and criminal, pending at that time in said City Court of Toombs County, shall be transferred to the City Court of Lyons, and all fi fas returnable to the City Court of Toombs County, when levied, shall be returned to the City Court of Lyons. Transfer of business. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 11, 1922.

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TITLE II. Solicitors-General; Salaries, Etc. ACTS. Augusta Circuit; Payments by Counties. Augusta Circuit; Payments by Counties. Macon Circuit; Salary Fixed. Northeastern Circuit; Act of 1918 Repealed. Southern Circuit; Act of 1919 Repealed. Southern Circuit; Salary Fixed. AUGUSTA CIRCUIT; PAYMENTS BY COUNTIES. No. 463. An Act to amend an Act entitled An Act to abolish a fee system now existing in the Superior Courts of the Augusta 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 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, payments 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 composing said circuit, for the purpose of paying the salary of said

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Solicitor General, and for other purposes, which Act was approved August 18th, 1919, and was thereafter amended by an act approved August 17th, 1920, 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 same, That section one of said amended act as approved August 17th, 1920, be and the same is hereby amended by striking the words and figures, Six Hundred Dollars in lines 5 and 6 of said amended act and inserting in lieu thereof the words and figures, Four Hundred Dollars. And said section is hereby further amended by striking the words and figures Seven thousand eight hundred dollars appearing in lines 14 and 15 of said act approved August 17th, 1920, and inserting in lieu thereof the words and figures Seven thousand six hundred dollars. And said section is hereby further amended by striking the words Six Hundred Dollars where they appear in line 23 of said amended Act approved Aug. 17th, 1920, and insert in lieu thereof the words and figures Four Hundred Dollars, and said section is hereby further amended by striking the words and figures Seventy one hundred dollars where they appear in lines 45, 46 and 56 or elsewhere of said act approved Aug. 17th, 1920, and by inserting in lieu thereof the words and figures Sixty nine hundred dollars, so that said section one of said act approved Aug. 17, 1920 shall, when amended as aforesaid, shall read as follows, to-wit: The salary of the Solicitor General of said Augusta Judicial Circuit shall be the sum of Seven Thousand Six Hundred Dollars per annum until January first, 1921, in addition to the salary of two hundred and fifty dollars per annum prescribed in paragraph one, 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 prorata out of the general treasuries of the various counties composing said circuit, in the

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following proportion, to-wit: McDuffie County shall pay Four 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 county, that is to say, on the first day 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 sixty nine hundred dollars and the constitutional salary of two hundred and fifty dollars shall be in full payment of all the services of said Solicitor General for all traveling and other expenses and for all sums paid out by said Solicitor General for clerical aid and legal assistants engaged by him, except as provided in section 5 of this Act. Jenkins County shall be liable for seven hundred dollars per annum until January first, 1921, after which time said Jenkins County shall be liable no longer for any part of said salary; and that after January first, 1921, said salary shall be reduced to sixty nine hundred dollars and the constitutional salary of two hundred and fifty dollars. Acts of 1919 and 1920 amended. To be read. Salary of solicitor-general. How apportioned. Sec. 2. Be it further enacted by the authority aforesaid, That this act shall not become effective until October first, 1922. Effective Oct. 1, 1922.

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Sec. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same is hereby repealed. Approved August 15, 1922. AUGUSTA CIRCUIT; PAYMENTS BY COUNTIES. No. 489. An Act to amend an Act entitled An Act to abolish 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 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 of said judicial circuit; to impose certain duties upon the Clerks of the Superior Courts of the counties composing the 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

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pay the sum of the words and figures Four Hundred Dollars in lieu of the words and figures Six Hundred Dollars, and that by adding after the words Richmond County shall pay the sum of the words and figures Four Thousand Dollars in lieu of the words and figures Five Thousand Dollars as provided by the amending act to said Act which said amending Act was approved August 17, 1920, acts of 1920, page 424, so that when said section 2 is amended it shall read as follows: The salary of the Solicitor General of the said Augusta Judicial Circuit shall be the sum of Fifty Nine Hundred per annum on and after January 1, 1923, 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 Four Hundred Dollars; Burke County shall pay the sum of One Thousand Dollars; Richmond County shall pay the sum of Four 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 Ordinary, 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

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of Fifty-Nine Hundred Dollars and the constitutional salary of two hundred 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 for in section 5 of said Act. Act of 1919 amended. Sec. 2 to be read. Salary of solicitor-general. Payable pro rata. 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 on and after the 1st day of January, 1923. 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, 1922. MACON CIRCUIT; SALARY FIXED. No. 346. An Act to abolish the fee system now existing in the Superior Courts of the Macon Judicial Circuit, as applied to the office of Solicitor General of said Circuit, 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 the office; to provide for the payment of a salary to said Solicitor 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 of said Circuit; to impose certain duties upon the Clerk of the Superior Court of the counties composing said circuit, and upon the Solicitor General

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thereof with reference to the collection, payment and disposition of all funds, moneys, and emoluments accruing to the office of the Solicitor General of said Circuit; to provide for the levy and collection of a tax by the county authorities of the counties composing said circuit for the purpose of paying the salary of said Solicitor General and for other purposes. Be it Enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: lows: Section 1. The fee system, now existing in the Superior Courts of the Macon Judicial Circuit, as applied to the office of Solicitor General of said Circuit, and all fees now or heretofore or hereafter, accruing to the office of Solicitor General of said circuit, be and the same are hereby abolished, in so far as the same constitutes the compensation of said Solicitor General; but the same schedule of fees and costs prescribed under existing laws, shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of the counties composing said judicial circuit, as provided by section 5 of this Act; and the Solicitor General of said judicial circuit shall hereafter be paid on a salary basis as hereinafter provided, in lieu of fees, as under the present system. Fees abolished as compensation Salary fixed. Sec. 2. The county of Bibb in said Macon Judicial Circuit, shall pay to the Solicitor General of said circuit a salary of $6,600.00 per annum in monthly installments of $550.00 per month, which shall be paid out of the treasury of said county; and which said salary shall begin to accrue immediately upon the enactment of this Act. Bibb County's part. Sec. 3. The County of Houston in said Macon Judicial Circuit, shall pay to the said Solicitor General of said circuit a salary of $1,800.00 per annum, in monthly installments of $150.00 per month, which shall be paid out of the Treasury of said county; and which said salary shall begin to accrue immediately upon the enactment of this Act. Houston County's part.

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Sec. 4. The County of Crawford in said Macon Judicial Circuit, shall pay to the said Solicitor General of said Circuit, a salary of $600.00 per annum, in monthly installments of $50.00 per month, which said salary shall begin to accrue immediately upon the enactment of this Act, and shall be paid out of the Treasury of said County. Crawford County's part. Sec. 5. On the distribution among officers of court of all cost, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees in all of the Superior Courts of the counties composing said Judicial Circuit, or which may become due and payable therein, the said counties shall be subrogated to the rights and claims of the Solicitor General of said Circuit, and any former Solicitor General thereof, and shall stand in their plans and stead, and shall be entitled to all funds, moneys and emoluments accruing to said office in said Judicial Circuit under the fee system now existing therein, except as hereinafter provided; and hereafter when orders on this insolvent fund, or other judgments or findings are entered or approved in behalf of other officers of court, instead of the same being entered and approved in the name of the Solicitor General, as under the present system, the same shall be entered and approved, in so far as funds, moneys and emoluments accruing to the office of the Solicitor General in said Judicial Circuit may be concerned, in the name of the Solicitor General of said circuit for the use and benefit of the county in the Superior Court of which the said funds, moneys, and emoluments may accrue. All costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees, accruing to the office of Solicitor General in said Judicial Circuit, under any laws heretofore or now existing or which may hereinafter be enacted, except as hereinafter provided, shall be collected by the Solicitor General of said Circuit; and said Solicitor General on or before the first day of January of each year shall pay the same over to the clerk of the Superior Court of the county in which such costs, fines, forfeitures, fees, funds, moneys and emoluments arose or accrued,

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together with a statement in writing showing in what cases and matters said moneys arose or accrued during the previous year; and the said Clerk on or before the first day of February of each year shall pay into the treasury of his said county, the said costs, fees, funds, moneys and emoluments so delivered to him accruing under the present system to the office of the Solicitor General of said Judicial Circuit during the previous year, for services rendered by said Solicitor General in the Superior Court of the county of said clerk; which said moneys, when so paid, shall become the property of said county, to be expended as other county funds. Said clerk shall make regular reports under oath of the amounts so received, and make payments and remittance thereof to the Treasurer, or other custodian of county funds of his county, and shall furnish a duplicate of said sworn statement to the Ordinary or Board of County Commissioners, or other county authorities, at the time of making such statement and remittance. Said Clerk shall keep an accurate, detailed and exact record of all fees and emoluments, including insolvent costs, reported to him by said Solicitor General of said Circuit, and likewise, keep a record of all sums collected by said Clerk, under the provisions of this Act and paid by him into the Treasury of his county; and his books, records and vouchers relating thereto shall be open to the inspection of the public, as other public records, and shall be subject to the investigation and inquiry of the Grand Jury of said county, and shall also be audited whenever the books and records of other county officials are audited. Costs payable to counties. Collection and payment. Clerk's reports. Record of fees, etc. Sec. 6. The Solicitor General of said Macon Judicial Circuit is hereby charged with the duty of collecting all fines and forfeitures in the Superior Courts of the various counties of said circuit, together also with all fees, moneys, and emoluments accruing to his office under the present system in any and all of the counties of said circuit; and he is further charged with the duty of justly and accurately accounting to said clerks of the Superior Courts of said circuit for all fees earned, and costs collected, and other

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funds, moneys and emoluments accruing to his office for services rendered in the Superior Courts of said circuit, except as hereinafter provided; and it shall be his duty at the conclusion of each term of the Superior Court of any county in said circuit, or as soon thereafter as may be reasonable and practicable, to make a settlement with the other officers of court for their share of the fines, forfeitures and other moneys paid into Court as under the present system; and it shall also be his duty, as now provided by law to furnish his own services as attorney at law in the collection of such sums, whenever it becomes necessary. Collection of fines and forfeitures. Sec. 7. It shall be and it is hereby made the duty of the Ordinary, County Commissioners, or other county authorities, having control of county matters, to make provisions annually, when levying taxes for expenses of courts, for the levying and collection of sufficient taxes, in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties, as hereinbefore set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Taxation for salary. Sec. 8. The salary hereinbefore provided for, to be paid as hereinbefore provided for, shall be in addition of the salary of $250.00 per annum, paid out of the treasury of this State, prescribed in paragraph 1, section 13, and article 6 of the Constitution of this State. State salary added. Sec. 9. Nothing in this Act shall be construed to affect the fees now allowed by law to Solicitors General of this State for appearance in criminal cases in the Supreme Court and Court of Appeals of this State; nor shall anything in this Act be construed to affect the compensation of said Solicitor General for special services rendered the State now provided for under the general law; nor shall anything in this Act be construed to affect the duty of county authorities to furnish the said Solicitor General with a special criminal bailiff under the provisions of Secton 808 of the present Penal Code of this State. Fees in courts of review.

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Sec. 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 9, 1922. NORTHEASTERN CIRCUIT; ACT OF 1918 REPEALED No. 363. An Act to repeal an Act approved August 8th, 1918, entitled An Act to abolish the fee system now existing in the Superior Courts of the Northeastern 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 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 and upon the Solicitor General of said Circuit, in reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of Solicitor General; to provide for the levy and collection of a tax by the county authorities of the various counties composing said Circuit; for the purpose of paying the salary of said Solicitor General, and for other purposes. 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 of the General Assembly, approved August 8th, 1918, entitled, An Act to abolish the fee system now existing in the Superior Courts of the Northeastern Judicial Circuit

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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 insofar 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 Clerk 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, 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, and the same is hereby repealed. Act of 1918 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become effective until the 1st day of January, 1923. Effective Jan. 1, 1923. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 8, 1922. SOUTHERN CIRCUIT; ACT OF 1919 REPEALED. No. 540. An Act to repeal the Act approved August 18, 1919, abolishing the fee system in the Southern Judicial Circuit as applied to the office of the Solicitor General 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 Act of the General Assembly approved August 18, 1919, abolishing the fee system in the Southern Judicial Circuit of this State, shall stand repealed, and the general laws of this State touching the said subject matter shall apply in said circuit until otherwise provided by law. Act of 1919 repealed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same hereby are, repealed. Approved August 21, 1922. SOUTHERN CIRCUIT; SALARY FIXED. No. 565. An Act to abolish the fees accruing to the office of Solicitor General in criminal cases in the Southern Judicial Circuit of this State as provided by the general laws of this State, and in lieu thereof, to provide a salary for such officer, in addition to the salary prescribed by the Constitution; to provide for the payment of such statutory salary and for the disposition of the fines and fees which, under the general law, would accrue to the office of Solicitor General in said circuit; to impose certain duties upon the clerks of the Superior Courts of the counties composing said circuit with reference to the record, collection, payment and disposition of all funds, moneys and emoluments accruing to said office of Solicitor General under the general laws of this State: to provide for the levy and collection of a tax by the county authorities of the various counties comprising said circuit with which to pay the salary of the Solicitor General; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, as follows: The fee system heretofore existing in the Superior Courts of the Southern Judicial Circuit of this State, as applied to the office of Solicitor General, and all fees now or hereafter accruing to the said office of Solicitor General in the said circuit under the general laws of this State, are hereby abolished in so far as the same constitutes the compensation of the said Solicitor General, except as herein provided. The same schedule of fees and costs prescribed by the general laws shall, however, remain of force for the purpose of ascertaining the sum or sums to be taxed as costs and to be paid into the treasuries of the counties composing said circuit as provided by this Act and for other consistent purposes; and the Solicitor General of said circuit shall hereafter be paid a salary, as in this Act provided, in lieu of all such fees as are paid into the treasuries of the said counties under this Act, out of which salary he shall pay all expenses of every kind incurred by him in the performance of his official duties. Fees abolished as compensation. Fees payable to counties. Sec. 2. The statutory salary of the Solicitor General of said circuit shall consist of a minimum of four thousand dollars ($4,000.00) per annum, to be made up as follows: Nine hundred dollars ($900.00) per annum from each of the counties of Brooks and Colquitt, one thousand dollars ($1,000.00) per annum from each of the counties of Lowndes and Thomas, and two hundred dollars ($200.00) per annum from the county of Echols, with double such annual payments additional from each of such counties as may, at the time of the accrual of said salary charges against them, have therein no city court, county court, or other inferior court with jurisdiction to try and dispose of misdemeanor cases arising anywhere in the county. The said salary shall be paid out of the general treasuries of the various counties composing said circuit, monthly, on the first day of each month, or quarterly, on the first days of January, April, July and October, as called for by said Solicitor General, the first quarterly payment hereunder to become due and payable on October 1, 1922, and it is hereby made the duty of the Ordinary, County Commissioners, or other county authorities

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having control of county matters, in each of said counties, to cause the part of said salary herein assessed against their respective counties to be paid as herein provided, upon regular county warrants issued therefor. It is further made the duty of said Ordinary, County Commissioners, or other county authorities having control of county matters, to make provision annually, when levying taxes for expenses of courts, for the levy and collection of sufficient taxes in their respective counties to pay the salary herein provided. Salary fixed. Amounts payable by counties. Sec. 3. In the distribution among officers of court of all costs both in particular cases or matters and of all insolvent costs and all fines, forfeitures and fees paid into or accruing to the insolvent fund of the Superior Court of the counties composing said Circuit, or which may become due and payable therein, the counties shall, in all criminal cases, be subrogated to the rights and claims of the Solicitor General of said circuit, and shall stand in his place and stead, and shall be entitled to all funds, moneys and emoluments accruing to him; and hereafter, when orders on the insolvent fund or other judgment or findings are entered or approved in behalf of other officers of the court, instead of the same being entered or approved in the name of the Solicitor General, as under the general law, the same shall, as do all criminal cases of record in such Superior Courts, to be entered and approved in the name of the respective counties, and shall be paid to such counties on account of the services of the Solicitor General in such cases. Counties take costs, etc. Sec. 4. All costs, fines and forfeitures paid into the Superior Courts of said circuit shall be paid to and received by the respective clerks of said courts, who are hereby charged with the duty of keeping a clear, accurate, complete and permanent record of all sums so received or paid out by them, and of distributing the same according to law and the orders of the court promptly upon its receipts by them. Clerk's duty as to costs, etc.

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(4A). It shall be the duty of all arresting officers of said circuit to make upon the warrants executed by them, at the time of executing such warrants, an entry of their acts and doings, and it shall be the duty of all committing magistrates in such circuit to enter upon the warrant, at the time of the commitment, an itemized statement of the costs charged and to whom payable. It shall be the duty of every sheriff, arresting officer and committing magistrates in said circuit, where such warrant is returnable to the Superior Court, to present or cause the same to be presented to the Clerk of the court to which it is returnable, as promptly as practicable after the arrest has been made, for entry upon the Grand Jury docket, and also after a commitment trial has been had thereunder or waived, for the notation of that fact upon such docket. A delay of more than one week in so presenting such warrant to the clerk shall, in every case (except only when the delay is the result of providential cause), be deemed and held to be inexcusable neglect of duty on the part of the officer so withholding such warrant, subjecting him to attachment and punishment for contempt of court as well as to a forfeiture of all costs that might otherwise accrue to him in such case. Costs on warrants. Duty of sheriff and other officers. Delay a contempt of court. It shall be the duty of the clerk of every Superior Court of said circuit to keep a Grand Jury Docket, composed of ruled and printed forms, in a bound book, wherein appropriate blanks are left for inserting: (1) The number of the case; (2) the name of the accused; (3) the name of the alleged offense; (4) the date of the alleged offense; (5) the name of the prosecutor; (6) the date of the warrant and the name of the magistrate by whom it was issued; (7) the date of the arrest and the name of the officer making it; (8) the date and amount of the appearance bond, if any, together with the names of the sureties; (9) the total amount of costs due to each officer as shown by the warrant; (10) a list of the witnesses for the State; and (11) the disposition of the case by the committing magistrate and the grand jury. Whenever a warrant is presented to the

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clerk in vacation, as herein provided, it shall be his duty forthwith to docket the said case for presentation to the Grand Jury, unless the same has then already been so docketed, and, in every such case, to insert the suggested matter in every blank pertaining to that case, in so far as the necessary information is derivable from the warrant or from the entries thereon, or as otherwise made known to him. Upon the case being so docketed the warrant may be returned to the sheriff or other arresting officer. All warrants shall be so docketed in the order of their presentation to the Clerk, and the cases shall be numbered consecutively, beginning with No. 1 for each term to which they are returnable. Grand jury docket. Warrants to be entered. Twenty days or more before each term of court, and regardless of any disposition that may have been made of any felony case outside of the Superior Court, the clerk shall issue and deliver to the sheriff, and the sheriff shall at once proceed to serve a subpoena, in the usual form, for every prosecutor and witness whose name appears upon said docket in connection with cases returnable to said term, and likewise in all cases in which no bills were returned at the last preceding term, requiring the attendance of such witnesses and prosecutors before the next Grand Jury; and where cases are docketed less than twenty days before the next regular term of court, such subpoena shall be immediately issued and delivered to the sheriff for service, as aforesaid. Service of subpoenas. For all cases so docketed by the clerk, he shall be entitled to a fee of two dollars, and the sheriff or other arresting officer presenting the warrant to be so docketed shall be entitled to a fee of one dollar, both of which fees shall be taxed as other costs in the said case. Clerk's fee. Other cases may be entered upon said docket by the Solicitor General, or any member of the Grand Jury, or at their instance and direction, as well as by the Clerk always omitting to fill in such blanks as are inappropriate to the particular case. Other entries.

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The sole purpose of such docket being for the convenience of the Grand Jury and of the Solicitor General, for expediting the business before the body, and for better keeping the record of the costs due in criminal cases, no entry or irregularity therein, nor even the total absence of such docket, shall ever, in any case, afford the accused any ground of objection in any manner. Purpose of docket. It shall be the duty of the county authorities to supply any pay for said docket as other blank books for public records are supplied and paid for. Docket to be supplied. (4b) All costs, fines and forfeitures paid into the Superior Courts of the said circuit shall be paid to and received by the respective clerks of said courts, who are hereby charged with the duty of keeping a clear, accurate, complete and permanent record of all sums so received or paid out by them. Each of such clerks shall deposit in bank of unquestioned solvency, to be selected or changed by him at his pleasure, all money so received by him, which accounts shall be carried in his name as Clerk of the Superior Court of his county; and no disbursement or payment of any part of such fund shall be made except by check, which shall bear a distinguishing number, and shall be his voucher for the payment thereby made. All such checks and the stubs thereof, properly filled out, shall be preserved as a part of the permanent record. Such bank account shall follow the office, that is to say, the successor in office of such clerk shall succeed to such bank account by virtue of his office and for the purpose of disbursing the said fund, as in this Act provided. Costs, fines, and forfeitures to be deposited. Checks. Each of said clerks shall keep a well bound book to be known as the Criminal Cost Record, which book shall consist of ruled and printed pages with blanks for the insertion, on one horizontal line to each case, of matter respecting every criminal case disposed of in his court, including returns of no bills, as follows: (1) the docket number of the case including (a) the grand jury docket number and (b) the trial docket number; (2) the return

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term thereof; (3) the name of the accused; (4) the name of the offense; (5) the disposition of the case, (whether no bill, acquitted or convicted etc.) and (b) the state thereof; (6) the sentence imposed, including (a) the fine and (b) the term of service; (7) costs accrued to the county as Solicitor General fees, including (a) amount, (b) when paid, (c) from what fund paid, (fine or insolvent), and (d) number of vouchers by which paid; (8) costs accrued to clerk (with same detailed statement as for the county); (9) cost accrued to sheriff, (with same detailed statement as for the county); (10) costs accrued to the committing magistrate, if any, with (a) his name, (b) the amount, (c) when paid, (d) from what fund paid (either fine or insolvent as the case may be), and (e) number of the voucher by which the payment was made (11) cost accrued to the lawful constable, if any (with same details as for the committing magistrate; (12) cost of appeal, if any, including (a) amount accruing to the Solicitor General, (b) when paid, (c) how paid, and (d) voucher number, if paid by check; (e) amount accruing to the clerk, (f) when paid, (g) how paid, and (h) voucher number; (i) amount accruing to sheriff (with same details as for the clerk), and (13) a reasonable space for remarks. Each of said clerks shall also keep, either in the same or in a separate book, a complete and detailed record of all additions to and disbursements for the insolvent fund. This record shall show: (1) the trial docket number of the case from which the fund was received; (2) the return term thereof; (3) the name of the accused; (4) the amount added to the insolvent fund from such case; and (5) the dates and amount of each and every receipt and disbursement of said fund, together with the voucher number by which the same was paid. Criminal cost book in detail. Quarterly, on the first days of January, April, July and October of each year, or oftener if he sees fit to do, the clerk shall pay to the county, to himself, and to each officer to whom cost is due, the amounts accrued in the disposed of criminal cases in which collections have been

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made during the preceding quarter or since the last preceding settlement. The amount remaining in the hands of the clerk from any particular criminal case after the pay ment of all costs in that case shall at once be credited to the insolvent fund; and the said clerk shall also make quarterly distributions of said insolvent fund, and the said clerk shall also make quarterly distributions of said insolvent fund, applying the same, first, to special orders of the court passed within one year from the date of distribution; then (2), generally, either with or without any order of the court, to the payment of insolvent costs in criminal cases disposed of during the preceding year, and so on back through the fourth year until all of such accrued costs are paid or said fund is reduced to an amount insufficient to pay the costs in full in the next case in order for such satisfaction. Whenever all accrued costs are paid back through the fourth year, the balance of such fund then in hand, if any, shall be paid into the county treasury. Payments to county and to officers. Insolvent fund. For keeping the said records as in this section provided the clerk shall be entitled to a fee of three dollars in each case, to be taxed as other costs in the said case. Clerk's fee. Sec. 5. Nothing in this Act shall be construed to affect the fees now or hereafter allowed by the general law to solicitors-general of this State for appearance in criminal cases in the Supreme Court, or in the Court of Appeals of this State, or in any civil case, nor shall it affect the salary of two hundred and fifty dollars ($250.00) per annum as provided by the Constitution of this State, or the general law applicable to solicitors pro tem. State salary and fees not affected. Sec. 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 22, 1922.

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TITLE III. County Matters. ACTS. Appling Commissioners; Act Amended. Appling Commissioners; Election to Ratify. Atkinson Commissioners; Election and Statement. Baldwin Commissioners to Pay Certain Fees. Bibb County; Appropriations to Macon Hospital. Brantley County Boundaries Changed. Camden County; Non-Residents' Fishing Licenses. Campbell Depository Established. Campbell Treasurer's Office Abolished. Candler Commissioners' Statement. Chatham County; Precinct Voting. Clayton Treasurer's Salary. Colquitt Commissioners; Record of Expenditures. Dougherty Board of Commissioners; Election to Create. Early Commissioners; Terms of Office and Compensation. Elbert Board of Commissioners; Election to Create. Evans Commissioners; Act Amended. Franklin Treasurer's Salary. Glascock Commissioner Abolished; Board of Commissioners Created. Gordon Road Law. Glynn Territorial Grant. Haralson Commissioners; Compensation of. Houston Board of Commissioners Abolished. Houston Board of Commissioners Created. Jasper Commissioners; Bonds of Successors. Jeff Davis Board of Commissioners Abolished. Jeff Davis Commissioner's Office Created. Jenkins Commissioners; Election to Determine Membership. Lamar Board of Commissioners Created. Lamar Board of Education Created. Lee Commissioners; Act Amended. Lowndes Commissioners; Act Amended. Morgan Commissioners; Election and Terms of Office. Muscogee Legal Sales. Paulding County; Duties of Ordinary. Pulaski Commissioners; Act Amended. Pulaski Treasurer's Salary. Schley Treasurer's Salary. Taliaferro Commissioners; Act Amended. Tattnall Commissioners; Acts Amended. Tattnall Commissioners; Compensation of. Taylor Treasurer's Office; Act of 1919 Repealed. Taylor Treasurer's Office Established. Walker Commissioners, and Road Districts. Walker Commissioners; Election of. Ware Bond Commission; Successors. Wilcox Board of Commissioners Abolished. Wilcox Board of Commissioners Created. Wilkes Road Builder.

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APPLING COMMISSIONERS; ACT AMENDED. No. 431. An Act to amend an Act approved July 29th, 1915, and Act to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, prescribe their powers and duties, to fix their compensation, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of same, That the above described and entitled Act, being an Act to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, be and the same is hereby amended and by adding the following section to said Act section following section fourteen of said Act: Act of 1915 amended Section 14 (A). Be it enacted by the General Assembly and is hereby enacted by authority of same, That after the passage of this Act and on the 20th day of September, 1921, after the approval of same, the Board of Commissioners of Roads and Revenue for Appling County, State of Georgia, shall be reorganized by the election of a member of said Board or any citizen of said county to be designated as chairman, who may reside in any section of the county; provided, however, that upon the recommendation of the grand jury at any term of the Superior Court of Appling County that said salary and expenses as provided for in this section shall not longer be paid then in such event, the county authorities shall not longer pay same and said chairman shall only receive the per diem as provided for in the original Act which this amends. New section. Reorganization. Chairman. Payment. Section 14b. It shall be the duty of such chairman to devote all or such part of his time as may be required by said Board and as may be necessary to fully perform the duties required and to perform such part of the functions of said Board as it may require and the compensation of such chairman shall be fixed by said Board, and shall not be in excess of the sum of one hundred dollars per month,

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and he may be allowed in addition to this an expense account not in excess of one dollar per day for the time he is actually out in the performance of his duty. Chairman's duty, compensation and expenses. Section 14c. Be it enacted by the authority aforesaid, That such Board shall keep a full and complete itemized account and record of all the financial affairs of the county, showing the status at all times of the county, and giving in detail the exact amount of expenditures, and also showing from whom purchases made and price paid and the names of such party or parties from whom such purchases were made. Account and record of finances. Section 14d. Be it further enacted by authority aforesaid, That said chairman shall keep a careful check on all taxes and other revenues to which said county may be entitled, and at its regular meetings in each month shall place before said Board an itemized statement of all the revenues of which said county may be entitled not previously reported, showing their source of origin, and also a complete statement of all taxes and other revenues received by the county the preceding month, and the exact financial status of the county. Taxes and other revenues. Section 14e. Be it further enacted by authority aforesaid, That said Board shall cause to be obtained, and it is hereby made the duty of the tax collector of Appling County to furnish on or before the regular meeting day in each month a written itemized statement of all taxes collected the preceding month, and from the county depository a written itemized statement of all county funds received and from what source derived, and spread said statement on the minutes of said Board. Statements from taxcollector and depository. Section 14f. Be it further enacted by authority aforesaid, At the first meeting in each month the chairman shall place before said Board in writing to be placed on the minutes a carefully itemized statement of the estimated current expense of the county for the current month, and no charge of any character on account of current expenses or debts

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created shall be paid by the conty or authorized by the Board, except such as may have thus been submitted and authorized incurred by said Board as shown by the minutes of said Board. No charge of the above character shall be paid by the county or paid or authorized paid by the Board unless same shall have been authorized as shown by the minutes before being incurred. Itemized estimate of current expenses. Section 14g. Be it further enacted by authority aforesaid, That it shall be the duty of the tax collector of said county to furnish to said Board at its regular meeting in March, and the duty of the Board to obtain from said tax collector by that time, a full and complete itemized statement, including names and amounts of uncollected taxes, and upon making a final settlement with the tax collector, which shall be done not later than its meeting in June, said Board shall cause to be made and recorded a list of all tax fi. fas. received as insolvent, said Board to keep a separate book for the purpose and in which all such fi. fas. shall be listed. It shall be the duty of the Board to cause same to be collected whereover possible, and whenever paid to cause same to be entered upon said book, the date paid and by whom collected, and date of its deposit in the county depository. Statement of uncollected taxes. Fi fas. Section 14h. Be it further enacted by authority aforesaid, That said Board of Commissioners of Roads and Revenues are hereby prohibited from levying a tax of more than one and one-half mills for all purposes for any one year, nor shall said County Commissioners of Roads and Revenues of said county levy at any time any additional tax to pay any future bonded indebtedness nor to pay for any bonded indebtedness that may now be in the course of validation; provided, that the grand jury of said county may, sitting immediately preceding a levy any given year, recommend a higher levy for carrying on the necessary current expenses of the county, but the grand jury of said county shall not have the right under the provision of this Act and amendment to recommend a tax levy for any future bond

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issue or any bond issue that may now be in process of validation. Tax rate limited. Grand jury's recommendation. Section 14i. Be it further enacted by authority aforesaid, That for the information of said Board at the time of making said levy, the chairman shall place before said Board a written itemized statement or estimate to be placed on the minutes, which shall include all the estimated expenses for the year for which said levy may be made and the amount of the tax levy necessary to meet same. All accounts for which said several levies are made and the purposes for which they are made and may be levied shall be kept separately and the books of said Board shall at all times be open for inspection and shall show the standing of the several funds of the county. Estimate for tax levy. Section 14j. Be it further enacted, That it shall be the duty of said Board at the regular session or any term of the Superior Court of said county, having a grand jury sitting to place before said grand jury a complete itemized statement of the financial condition of said county, together with a like statement of the current expenses of the six months next preceding said term of court. And this shall include an itemized statement of all uncollected taxes, including names and amounts, and other revenues due the county from current expenses and preceding years, shall be included in such statement. It shall be the duty of the grand jury by its body to make a thorough investigation of said Board or an expert employed for that purpose by said grand jury, and whose compensation shall be reasonable and paid out of the county funds as other debts are paid, and the said grand jury shall make such report in its presentments as it shall find the facts to be. Financial statement. Grand jury's duty. Section 14k. Be it further enacted by authority aforesaid, That the Board of Commissioners of Roads and Revenues of said county shall comply with all the provisions of the general law with reference to any contracts that may be made by said Board. Contracts.

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Section 14l. Be it further enacted by authority aforesaid, That it shall be unlawful for said Board or any member of same to have any financial interest in the sale or purchase of any material or of any article furnished 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 the awarding of any contract for said county and if any commissioner shall violate any provisions of this section he shall be guilty of a misdemeanor and be punished as prescribed in section 1065 of Penal Code of 1910. Financial interest forbidden. Penalty. Section 14m. Be it further enacted by authority aforesaid, That said Board shall have no right under the provisions of this Act and they are hereby prohibited from employing any person related to a member of such Board within the third degree, and no contract shall be made with any relative of such Board or any member thereof, unless such relative shall be the lowest responsible bidder. Relatives not to be employed. Section 14n. Be it further enacted by authority aforesaid, That it shall be the duty of the grand jury at any regular or adjourned term to inquire into the official acts of said Board of Commissioners of Roads and Revenues, and if any such grand jury shall find that any of the provisions of this Act, by a two-thirds vote, has been violated by any member of said Board of Commissioners of Roads and Revenues or if any member of said Board or the Board as a whole has been wasteful or inefficient, or has wrongfully, or fraudulently conducted the affairs of their office or in any manner otherwise disqualified for any reason under the provisions of this Act at the date of his election or has subsequently become so, said grand jury shall declare said office vacant, and said vacancy shall be filled as provided under the original Act of which this is an amendment, but no such disqualified officer shall be appointed or otherwise placed in said office. However, before any vacancy shall be declared under the provisions of this amendment, the grand jury shall grant a hearing to said Commissioner or Commissioners,

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as the case may be, and shall consider any showing that may be made by him or them, and the finding of the grand jury under any investigation had shall be final and conclusive against any such Commissioner of Roads and Revenues. Grand Jury's inquiry. Vacancy in Office to be declared after hearing. Section 14o. Be it further enacted by authority aforesaid, That should any part of the original Act or any part of this amendment be declared unconstitutional or invalid for any reason, then that fact shall not destroy any part of the original Act of this amendment which was not directly passed upon and under consideration by the court, and the remaining portions shall remain of force and effect and shall be enforced without regard to the invalidity or unconstitutionality of any other section. Invalid part not to vitiate whole. Section 14p. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act and amendment be, and the same are hereby repealed. Approved August 15, 1922. APPLING COMMISSIONERS; ELECTION TO RATIFY. No. 286. An Act to amend an Act approved July 29th, 1915, being an Act to establish and create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, prescribe their powers and duties, and to fix their compensation, and for other purposes, and by amending same by adding three additional sections to said Act above referred to be known as sections 17, 18 and 19, which are as follows: Section 17. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority

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of same, That from and after the passage of this Act heretofore referred that same shall be referred to the qualified voters of Appling County for their ratification, voting at an election to be held August 5th, 1922, for that purpose. Act of 1915 amended. Reference to popular vote. Sec. 18. Be it further enacted by the authority aforesaid, That immediately after the passage of this Act the Ordinary of said county shall, fifteen days prior to August 5th, 1922, call an election for the purpose of submitting to the qualified voters of Appling County the question as to whether they desire the Act creating the Board of County Commissioners of Roads and Revenues of Appling County, approved July 29th, 1915, shall remain longer of force or not. Said Ordinary of said county shall give notice by causing a notice of said election to be posted at the various precincts in Appling County, fifteen days prior said election, and publishing said notice one time in the official organ of Appling County. Those voting in favor County Commissioners under the provisions of this Act and amendment shall have written or printed on thir ballots the words For Commissioners, and those voting against the longer retaining in office said Commissioners of Roads and Revenues aforesaid referred to shall have written or printed on their tickets or ballots the words Against Commissioners. Such election shall be held under the present law governing general elections in this State, except that the returns shall be made to the Ordinary of said county, who shall consolidate the returns made from said election and declare the result, and if a majority of the qualified voters of said county shall vote against County Commissioners, then the law creating said Board of Commissioners of Roads and Revenues shall be and is hereby repealed, to be effective September 13th, 1922. The expenses of said election shall be paid as in case of other elections as provided for by law. Call of election. Notice. Ballots. Election, how held. Expenses. Sec. 19. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this bill be, and are hereby repealed. Approved July 18, 1922.

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ATKINSON COMMISSIONERS; ELECTION AND STATEMENT. No. 451. An Act to amend an Act approved August 8, 1919, creating a Board of Commissioners of Roads and Revenues for the County of Atkinson by adding between the words voters and the word of in line six, section 1, the words and freeholders and striking from line eight the following words the entire county and adding in lieu thereof the following: each road district, and by adding a new section before the repealing clause to read as follows: That the Board of Commissioners shall prepare and publish in the official organ of Atkinson County monthly a statement of all receipts and disbursements for the previous month and shall before the convening of the grand jury at each Spring term have all their books audited by certified public accountants and file said report with said grand jury. Section 1. 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 8, 1919, creating a Board of Commissioners of Roads and Revenues for the County of Atkinson be amended by adding between the words voters and of in line 6, section 1, the words, and freeholders, and striking from line 8 the following words, the entire county and adding in lieu thereof each road district, so that same 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 authority of the same, That a Board of Commissioners of Roads and Revenues for the County of Atkinson consisting of one commissioner for each road district is hereby created. Said commissioners shall be qualified voters and freeholders of said county and shall be elected by the qualified voters of each district, but one of said commissioners shall be a resident of and be elected or selected from each of said road

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districts; each road district being thus represented on said Board by resident respectively. Act of 1919 amended. To be read. Board of commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That a new section be added before the repealing clause as follows: That the Board of Commissioners of Roads and Revenues shall prepare and publish in official organ of Atkinson County monthly, a statement of all receipts and disbursements for the previous month and shall, before the convening of the grand jury, at each Spring term, have all their books audited by a certified public accountant and file said report with said grand jury. New section. Monthly statement. Audit. 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 15, 1922. BALDWIN COMMISSIONERS TO PAY CERTAIN FEES. No. 308. An Act to require Commissioners of Roads and Revenues of Baldwin County, Georgia, to pay to the officers of court and to justices of peace and notaries public, ex-officio justices of peace, their fees, as provided by law, in criminal cases, where the defendants are sentenced to the chaingang in said county. 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 Commissioners of Roads and Revenues of Baldwin County, in said State, be and they are hereby required to pay to the officers of court and to the justices of peace and notaries public, ex-officio justices of peace, out of the county's funds raised for court expenses, all the fees and costs allowed by law to

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the respective officers of court and to said justices of peace and notaries public in all criminal cases in which the defendants are sentenced to the chaingang in said county. Fees payable to justices in chain-gang cases. Sec. 2. Be it further enacted, That this provision shall apply in all cases in which sentences to the chaingang are imposed both in the Superior Court and in the County Court of said county. Applied to all cases. Sec. 3. Be it further enacted, That the bills of said officers of court and said justices of peace and notaries public shall be first approved by the judge of the Superior Court or the judge of the County Court, as the case may be, and when so approved the amounts for which the approval of said judges is given shall be paid by said Board of Roads and Revenues, as herein provided. Approval of bills. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved July 24, 1922. BIBB COUNTY; APPROPRIATIONS TO MACON HOSPITAL. No. 435. An Act to repeal the Acts of the General Assembly of Georgia approved November 15th, 1902, August 14th, 1905, and August 11th, 1913, and all other Acts relating to the appropriation of money by the County of Bibb to the Macon Hospital; to provide for the appropriation by the County Board of Commissioners for the County of Bibb to the Macon Hospital of such sum, or sums, annually as may in the discretion of said Board of Commissioners be necessary for the operation and maintenance of said Hospital for the care and treatment free of charge of the citizens of said county who may be seriously ill or

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wounded and who are indigent, and are, or are, liable to become a charge upon the county; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Acts of the General Assembly of Georgia approved November 15th, 1902, August 14th, 1905, and August 11th, 1913, relating to the appropriation of money by the County of Bibb to the Macon Hospital and all other Acts relating to the appropriation of money by the County of Bibb to the Macon Hospital be, and the same are hereby repealed. Acts of 1902, 1905, and 1913 repealed. Sec. 2. Be it further enacted, That the County Board of Commissioners for the County of Bibb are hereby authorized to appropriate annually to the Macon Hospital such sum, or sums, as may in their discretion be necessary for the operation and maintenance of said Hospital for the care and treatment free of charge of the citizens of said county who may be seriously ill or wounded and who are indigent, and are, or are liable to become a charge upon the said County of Bibb. Annual appropriations to Macon Hospital. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1922. BRANTLEY COUNTY; BOUNDARIES CHANGED. No. 345. An Act to correct certain mistakes and inaccuracies appearing in the Act of the General Assembly of Georgia, approved August 14th, 1920, proposing an amendment to paragraph 2, section 1, article 11 of the Constitution of the State of Georgia, providing for the creation of the County of Brantley, with reference to the boundaries of

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said new county as appearing in section 1, paragraph 1 of said Act, and for other purposes. Whereas, in the Act of the General Assembly of Georgia, approved August 14th, 1920, proposing an amendment to paragraph 2, section 1, article 11 of the Constitution of the State of Georgia, providing for the creation of the new County of Brantley, and which proposed amendment to the Constitution was adopted by the people of Georgia, it is provided in section 5 thereof that the General Assembly is authorized to correct any mistake or inaccuracies in reference to the boundaries of said new county as contained in paragraph 1 of section 1 of said Act, and, Preamble. Whereas, there are certain inaccuracies appearing in said paragraph of said section of said Act. Now, therefore, in order that said inaccuracies or mistakes may be corrected, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That said Act proposing an amendment to the Constitution for the creation of the said new County of Brantley, as the same appears in Georgia Laws, 1920, pages 34, 38, be, and the same is, hereby amended by striking from line 20 of paragraph 1 of section 1 of said Act, on page 35 of said Laws, the words Buffalo Creek and inserting in lieu thereof the words the Big Satilla River, and by striking from said line 20 of said paragraph of said section of said Act the words eastwards along' and by striking from line 21 and 22 of said paragraph of said section of said Act, the words the line between counties of Charlton and Wayne to the Big Satilla River and the western line of Camden County, and by inserting in lieu thereof the following: Northward along the channel of said Big Satilla River to the Camden line, so that said paragraph 1 of said section 1 of said Act, when so amended, shall read as follows: Correction of mistakes. Section 1. In addition to the counties now provided for by the Constitution of Georgia, as amended, there shall be

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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 ninth 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 second district of Charlton County; thence eastwards along the south line 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 the Big Satilla River, and thence northward along the channel of said Big Satilla River to the Camden County line;' 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 third district of Wayne County; thence southwards along the west lines of land lots numbers thirty-two (32) and thirty-one (31), in the second district 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

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Charlton to the southeast corner of Pierce County, the point of beginning aforesaid. Sec. 1, par. 1, to be read. Territorial limits. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 5, 1922. CAMDEN COUNTY; NON-RESIDENTS' FISHING LICENSES. No. 550. An Act requiring non-residents of Camden County, Georgia, to procure a license to fish in any of the fresh waters of said county; providing a license fee, and penalty for such fishing without a license; providing fee for Game Warden for selling licenses, and for 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 non-resident or non-residents of Camden County, Georgia, to fish in any of the fresh waters of said county without first obtaining a license authorizing such person or persons to fish; provided, that this Act shall not apply to owners of club houses in existence at the time of the passage of this Act in said county or on streams formerly the boundary of said county. Provided, furthere, that none of the provisions of said bill shall apply to hook and line fishing in said Camden County. Non-residents to obtain license to fish. Exceptions Sec. 2. Be it further enacted by the authority aforesaid, That before any such non-resident or non-residents shall be authorized to fish in any of the fresh waters of Camden County, Georgia, such person or persons shall apply to the Game Warden of said county for a license, and upon the issuance of such license to pay said Warden the sum of

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$10.00 for a license which shall be good for twelve months from date of said license. Nothing contained in this section is to be construed as to give any person the right to fish upon the lands of another without first obtaining the consent of owner. License application and fee. Consent. Sec. 3. Be it further enacted by the authority aforesaid, That the Game Warden of said Camden County shall be allowed the sum of $1.50 for each license so sold, and balance is to be turned into the treasury of said Camden County to become a part of the general funds of said county. In case of a prosecution and conviction under this Act said Game Warden shall also be entitled to one-half of the fine imposed upon party convicted, which shall be paid him by the officers of the court. Game warden's fees and share in fines. Sec. 4. Be it further enacted, That any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than $10.00 nor more than $100.00, in the discretion of the trial judge, or be sentenced to the chaingang of said county for not less than 30 days nor more than six months, either one or both, in the discretion of the trial judge. Penalty. Sec. 5. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1922. CAMPBELL; DEPOSITORY ESTABLISHED. No. 350. An Act to establish a county depository in Campbell County; to provide what banks in Campbell County are eligible to be a county depository; to provide how the county depository shall be selected, and for other purposes. Section 1. Be it enacted by the General Assembly of

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Georgia, and it is hereby enacted by the authority of the same, That a county depository shall be established in Campbell County on January 1st, 1925, as hereinafter provided. Depository to be established. Sec. 2. Be it further enacted by the authority of the same, That the Commissioners of Roads and Revenues of said Campbell County shall select some duly incorporated bank in said county to act as depository and disbursing agent of and for the public funds of said county, as hereinafter provided. Bank to be selected. Sec. 3. Be it further enacted by the authority aforesaid, That any bank in Campbell County is eligible to become the county depository; and any bank selected as hereinafter provided shall be under the same rules and regulations as is now provided by law for the county treasurer of said county. Eligible banks. Sec. 4. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues of said county shall at least twenty days before the first day of January, 1925, and annually thereafter, notify each bank in the county, in writing, that they are ready to receive bids for a county depository. Said notice shall state when the time for receiving said bids shall open and when they shall close. Notice of bids. Sec. 5. Be it further enacted by the authority aforesaid, That the bids shall be opened by said officers at the time mentioned in said notice, and the said officers shall then and there accept the bid of the bank agreeing to pay the highest rate of interest on monthly balances and charging the lowest rate on loans, and provided that said officers shall have authority to reject any and all bids and to accept new bids, after notice as before mentioned. Acceptance or rejection of bid. Sec. 6. Be it further enacted by the authority aforesaid, That should no bank in Campbell County submit a bid, then said officers shall be authorized to make such disposition of the county funds as in their judgment is to the best interest of Campbell County; provided, that the present treasurer

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shall be responsible for the county funds until a county depository is established, and provided further, that the bank selected as county depository shall be the custodian of the county funds until some other bank is selected county depository. County funds, responsibility tor. Sec. 7. Be it further enacted by the authority aforesaid, That no bank shall be allowed to act as such depository and disbursing agent until it shall have given a bond payable to said Commissioners, with securities, to be by them approved, conditioned for the faithful performance of all the duties pertaining to said appointment, and in a sum which, in the judgment of said Commissioners, will be double the amount of the county funds that will probably be deposited with such bank for the ensuing twelve months from the date of the bond. The property of such bank as well as the security or securities on such bond shall be bound from the time of the execution thereof, for the payment of any and all liabilities arising from the breach of said bond. Bond of depository. Sec. 8. Be it further enacted by the authority aforesaid, That the said Commissioners shall have authority to remove the county funds from the county depository, or require more and better security, if, at any time after the acceptance of a bid, in their judgment the county funds are not safe. Authority to remove funds. Sec. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 8, 1922. CAMPBELL; TREASURER'S OFFICE ABOLISHED. No. 295. An Act to abolish the office of County Treasurer of Campbell 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 first day of January, 1925, the office of County Treasurer of Campbell County, shall be abolished, and such office shall, from and after that date, cease to exist. Office to be abolished Jan. 1, 1925. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 26, 1922. CANDLER; COMMISSIONERS' STATEMENT. No. 448. An Act to require the Board of Commissioners of Roads and Revenues of Candler County to publish, quarterly, an itemized statement of the expenditures by said Board of Commissioners, and also the gross receipts, showing at the end of each quarter the balance of cash on hand, and for 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 Commissioners of Roads and Revenues for Candler County, shall, from and after the passage of this Act, publish quarterly, beginning on October 1st, 1922, an itemized statement of the expenditures by said Board of Commissioners, and also the gross receipts, and balance on hand at end of each quarter, which statement shall be prepared by the clerk of said Board of Commissioners and certified to by each of the members of said Board of Commissioners, and published in the newspaper in which sheriff's sales in said Candler County are advertised. Quarterly itemized statements to be published.

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Sec. 2. Be it further enacted by the authority aforesaid, That the first quarterly statement so published shall cover the months of July, August and September, 1922, and shall be published in the first issue of said newspaper after the second Monday in October, 1922; and each statement thereafter shall cover the three calender months preceding; statements to be published, as aforesaid, in the first issue of said newspaper after the second Monday in the months of January, April, July and October of each year. Scope of statements. Sec. 3. Be it likewise enacted, That said Board of Commissioners shall pay to the editor of said newspaper, for publishing such statement the sum of seventy-five dollars per year as full compensation for such services. Pay to publisher. 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 15, 1922. CHATHAM COUNTY; PRECINCT VOTING. No. 492. An Act to provide for precinct voting in the County of Chatham, and for other purposes. Section 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 State and county elections and primaries, there shall be at least one voting precinct provided for each militia district in the County of Chatham, and that in each of incorporated towns of Pooler, Thunderbolt and Tybee there should be a precinct embracing each of the said towns and as much additional territory as may be determined by the County Commissioners of Chatham County, provided, that such town precincts shall not extend beyond the militia districts in which said town is located. Voting precincts in militia districts and towns.

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Sec. 2. In such stated county elections and primaries, the City of Savannah shall be divided into at least four voting precincts, one for each of the four militia districts. City precincts. Sec. 3. The County Commissioners of Chatham County shall provide proper election booths in each precinct, except in the City of Savannah, where the booths shall be jointly provided by the city and county. Booths. Sec. 4. The location of voting booths in said precincts shall be determined by the County Commissioners of Chatham County, at least thirty days before any election as aforesaid, the boundaries of said precincts and the location of the booths therein, shall be advertised during the four weeks preceding the said election as Superior Court Sheriffs' sales are now, or may be hereafter advertised in said county. Location. Advertisement. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 16, 1992. CLAYTON TREASURER'S SALARY. No. 460. An Act to prescribe and fix a compensation for the Treasurer of Clayton County for receiving and disbursing the county money, and to fix a salary for his services, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the first day of January, 1925, the Treasurer of Clayton County shall receive as his full compensation for performing the duties of County Treasurer, as prescribed by law, the sum of two hundred ($200) dollars, annually, to be paid out of the county treasurer of Clayton County in quarterly installments. Salary fixed,

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Sec. 2. Be it further enacted, That the County Treasurer of Clayton County shall enter into bond as now provided by law, expense of said bond, if any, shall be paid from the county treasury of Clayton County. Bond. Sec. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be, and the same are hereby repealed. Approved August 15, 1922. COLQUITT COMMISSIONERS; RECORD OF EXPENDITURES. No. 292. An Act to amend an Act establishing a Board of Commissioners of Colquitt County, Georgia, approved August 10th, 1921; to provide for an itemized record of all expenditures made by the said Board, or under their authority; to provide the manner of making entries 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 establishing a Board of Commissioners of Colquitt County, Georgia, approved August 10th, 1921, be, and the same is, hereby amended by adding at the end of section seven of said Act, the following: Act of 1921 amended. It shall be the duty of the Board of Commissioners to provide a book or books to be known as the account register, in which shall be entered the accounts which are audited and ordered paid by said Board, item by item. It is the purpose of this Act to have said account register show each and every item of purchase and expenditure in detail, the name of the article or, where there is a number of articles of the same kind, name the article and state the number that is purchased. The account register shall also show the date

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and by whom and of whom the purchase was made and the price paid for the article or articles, also an itemized statement of all expenditures of funds, for other than purchases, and by and to whom expended and for what purposes. After an account has been audited and ordered paid by said Board, it shall be the duty of each and every member of the Board to see that the same is entered, item by item, on the account register not later than thirty days from the date it is authorized by the Board. Said account register shall be kept at the office of the Board of Commissioners and shall be available at all times, within office hours, to inspection by the public. Account register. Detailed items of expenditures. Entries. 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, 1922. DOUGHERTY BOARD OF COMMISSIONERS; ELECTION TO CREATE. No. 534. An Act to create a Board of County Commissioners of Roads and Revenues for the County of Dougherty, State of Georgia; to provide for the election of members thereof; to prescribe their powers, duties, qualifications and compensation; to provide for the appointment or employment of a clerk; to repeal all laws in conflict with this Act; to provide for the ratification of this Act by the people, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a Board of County Commissioners of Roads and Revenues is hereby created for the County of Dougherty. Said Board shall consist of three residents who

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are citizens and qualified voters of said county and who shall be elected by the qualified voters of the entire county as hereinafter provided. One of said Commissioners shall be a resident of that part of Dougherty County lying east of Flint River and the other two shall be residents of that part of Dougherty County lying west of the Flint River. Board of commissioners created. Eligibility. Sec. 2. The terms of office of said Commissioners shall be for a period of two years and until their successors are elected and qualified. All elections under this Act shall be held at the same time and place and under the same rules and regulations as primary and general elections are held for members of the General Assembly of Georgia. The first election hereunder shall be in 1922 at the time and place of the election for the members of the General Assembly of Georgia. The Commissioners so elected shall enter upon the discharge of their duties as such Commissioners on the first day of January, 1923, or as soon thereafter as they may be quailfied, and shall hold office until their successors are elected and qualified. Elections and terms of office. Sec. 3. The members of said Board of County Commissioners, before entering upon their duties shall take an oath before the Ordinary, or before some officer authorized to administer oaths, or before one of their number, to discharge honestly and faithfully all the duties of said office according to the laws and the Constitution of the State of Georgia, which oath shall be subscribed by them upon the minutes of said Board. Oath of office. Sec. 4. Any vacancy in office shall be filled by appointment made by the judge of the Superior Court of Dougherty County, Georgia. The person appointed to fill a vacancy shall hold office under said appointment only for the unexpired term. Vacancies. Sec. 5. Be it further enacted by the authority aforesaid, That said Board of County Commissioners shall hold a regular meeting on the first Monday in every month at the court house in said county, but they may hold special meetings

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at any time and at any place in said county that their duties may require. At all such meetings the chairman, if present, shall preside, but in all cases two shall constitute a quorum to do business, and the concurrence of any two of the Commissioners shall decide all questions. It shall be the duty of the sheriff, when required, to attend the meetings of the Board, for which services he shall be allowed three dollars per day. The Board, at the first meeting, shall elect one of their number chairman whose duties shall be to preside at all meetings and who shall retain his position during the term of his office. Meetings. Quorum. Sheriff's attendance. Chairman. Sec. 6. The clerk of the Superior Court shall be ex-officio clerk of the Board of County Commissioners, unless said Board sees fit to elect some other person as clerk as hereinafter provided for, and he shall attend all sessions of the Board and shall keep a record of the actings and doings of said Board in a well-bound book to be provided at the expense of the county, and shall receive such compensation as shall be fixed by said Board. If the County Commissioners see fit they may elect some person, other than the clerk of the Superior Court, as the clerk of said Board who shall hold office during the terms of the County Commissioners electing him, and he shall receive a salary which shall be fixed by said Board. The clerk of said Board, whether he be the clerk of the Superior Court or some other person chosen by said Board, shall keep a book of inventory of all county property including road machinery, live stock, chaingang outfits, road work 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 said clerk shall keep such other books and records as may be necessary or as the Board may want, 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. Compensation. Books to be kept. Other duties.

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Sec. 7. The said County Commissioners shall be paid out of the treasury of the county, as salaries for their services, the sum of four hundred dollars ($400.00) per annum, for each Commissioner, and the same shall be paid quarterly. Salaries of Commissioners. Sec. 8. Be it further enacted by the authority aforesaid, That said Board of County Commissioners shall, in their discretion, employ a superintendent of roads and bridges who shall 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 measurs up to the 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 office. He 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 County Commissioners. He shall receive such salary as may be fixed by the Board of County Commissioners, and his term of office shall be such as may be fixed by the Board, with authority vested in said Board to discharge him at any time and employ a successor. Superintendent of roads and bridges. Duties and salary. Sec. 9. Be it further enacted by the authority aforesaid, That said Board of County Commissioners of Roads and Revenues shall have, and they are hereby vested with exclusive jurisdiction over the following matters: In directing and controlling and caring for all property of the county according to law; in levying taxes according to law; in establishing, altering, or abolishing roads, private ways, bridges, ferries according to law; in establishing, abolishing, and changing election precincts and militia districts; in supervising the tax collector's and tax receiver's books and allowing the insolvent list for said county, according to law; in settling all claims against the county, examining and auditing all claims or accounts of officers having the care, management, keeping, collecting or disbursement of money belonging to the county, or appropriated for its use and benefit and bringing them to settlement, and especially are

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they charged with the duty to examine and audit frequently the books of the 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 said Commissioners themselves or by their clerk or auditor, and they may require from all such officers and depository such reports as may be necessary to keep such Board of County Commissioners fully informed at all times of the financial condition of the county; in controlling, carring for and managing the convicts of the county according to law; in making such rules, regulations and provisions for the support of the poor of the county and for the preserving and promoting of public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating peddling and fixing license fees, according to law; in providing for the levying and collecting of road taxes, fixing the amount to be paid in money or number of days to be performed in work in lieu thereof; in trying all road defaulters in accordance with the law; and generally to have and exercise all the powers which are by the Constitution and laws of Georgia vested in Ordinaries when sitting for county purposes, and to exercise such other powers as are granted by law or as may be indispensable to their jurisdiction over county matters or county finances, including all powers not inconsistent with this Act, which have heretofore been exercised by the Board of Commissioners of Roads and Revenues of Dougherty County under the Act approved August 6, 1904, (Acts 1904, pages 262, 263, 264), and under all Acts amendatory therof; in selecting and appointing all minor officials of the county whose election or appointment is not otherwise provided for by law, such as superintendent and guard of convicts and chaingang, janitor of court house, superintendent of the pauper farms; county physician, health officer, tax assessors, county policemen and other officers and guards as may be needed and authorized by law. Jurisdiction of board. Said Board shall have entire control and management of

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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 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 and the streets of the City of Albany as now provided by law, as may now or hereafter be adopted or enforced by law in said county. Convicts. Sec. 10. Be it further enacted by the authority aforesaid, That said Board of County 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 persons or from the State Government or the United States Government, and such contributions, when received, shall be used for the improvement of the roads designated by the contributor. Contributions for road improvement. Sec. 11. 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, or to contract with such person or persons for any equipment, material, or supplies to be used upon the public roads, bridges or other public works of the county. If any Commissioner knowingly or willfully violates any provision of this section he shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor as provided for by the Penal Code of Georgia, and he shall also forfeit his office or be discharged from employment. Employment of relatives forbidden. Sec. 12. Be it further enacted by the authority aforesaid, That it shall be lawful for said Board to employ the solicitor of the City Court of Albany, or any other competent attorney, to act as attorney for said county, and to pay for such legal services whatever compensation said Board, in its discretion, may deem reasonable. Attorney for board.

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Sec. 13. Whenever practical, in the discretion of the Board, all supplies, equipment and materials used by the county shall be purchased after competitive bids have been received by said Commissioners. The Board is required under this Act to publish monthly, in the official gazette of said county, a synopsis of itemized expenditures of the county, approved by said Board during the preceding month, showing the amount paid out, to whom paid, and the general character of the expenditures in order that the general public may be fully informed, at all times as to expenditures of the county. Bids for supplies. Publication of expenditures. Sec. 14. Be it further enacted by the authority aforesaid, That the present Board of Commissioners of Roads and Revenues of said county shall continue in office until midnight of December 31, 1922, and until their successors are elected and are qualified as provided for in this Act. Present board. Sec. 15. Before this Act shall go into effect the same shall be ratified by the people of Dougherty County at the next general election for the election County Representative in the General Assembly and under the same requirements as to registration and qualification of voters as exist for said election and for the verification and returns of the same. Ballots submitted voters shall have printed on them the words For election of County Commissioners by the people and the words Against election of the County Commissioners by the people. The voter shall erase or draw a line through the words which do not represent his or her choice, and unless the majority of the registered qualified voters appearing on the official registration lists for said election shall vote against election of the County Commissioners by the people this Act shall be deemed duly ratified and go into effect according to its terms. If for any reason said election is not held, or said issue is not submitted as herein required, then this Act shall be deemed ratified without any election or referendum and shall go into effect according to its terms. Elections to ratify this Act. Ballots.

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Sec. 16. In the election for Representative from Dough erty County in the General Assembly to be held in 1922, it shall be lawful for candidates for County Commissioners to serve under this Act to be voted on and elected, to take office, however, only in the event this Act shall go into effect according to its provisions. In any primary elections preceding said election it shall also be lawful for candidates to be selected for said offices to run in said election subject to such reasonable rules and regulations as may provide for entry in said primary elections after the passage of this Act. Candidates. Sec. 17. If any section or part of section of this Act shall be held invalid, such invalidity shall not be construed to affect the validity of any other portion of said Act. Invalid part ineffective. Sec. 18. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 21, 1922. EARLY COMMISSIONERS; TERMS OF OFFICE, AND COMPENSATION. No. 484. An Act to amend an Act approved August 17, 1917, relating to the Board of Commissioners of Roads and Revenues of Early County, so as to fix the term of office of said Commissioners; to provide per diem for their services, and for other purposes. Be it enacted by the General Assembly of Georgia and is hereby enacted by authority of the same, that the aforesaid Act be amended by adding thereto the following sections, to-wit: Act of 1917 amended. Section 2a. The term of office of said board shall be two (2) years; provided, that the provisions of this section shall not go into effect until January 1st, 1925. Term of office.

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Section 2b. The per diem and compensation of these members of said board shall be $3.00 per day for each day said board shall be in session at county seat of said county; provided, that the provisions of this section as to its rate per diem shall not take effect until January 1st, 1925. Compensation. Section 2c. All laws in conflict with these provisions are hereby repealed. Approved August 16, 1922. ELBERT BOARD OF COMMISSIONERS; ELECTION TO CREATE. No. 336. An Act to create a Board of Commissioners of Roads and Revenues of Elbert County; to provide for a membership of said board; to provide for their qualification; to provide that members shall give bond for faithful service; to prescribe their duties; to provide that the board may take contracts; to provide for appointment and dismissal of officers and employees and how they shall be paid when dismissed; to provide for election of a chairman of a board and prescribe his duties; to provide for compensation for said board; to provide the time when this Act shall take effect; to provide for referendum, and to provide for the repeal of 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 there is hereby created a Board of Commissioners of Roads and Revenues for Elbert County and that said Board shall consist of three members. That the present Commissioner of Roads and Revenues shall continue to hold office as a member of said Board created by section one

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of this Act until January 1st, 1923. That the other two members of the Board created by section one of this Act shall be elected at a special election to be called by the Ordinary of Elbert County within twenty days after the ratification of this Act, as provided for in section ten of this Act. Said election to be held under the laws now provided for holding elections for other county officers. When so elected the two new members of the Board shall hold office until January 1st, 1923. Before taking office each shall take the oath prescribed in section two of this Act. Board of Commissioners created. Sec. 2. That the Commissioners for the full term beginning January 1st, 1923, shall be elected at the regular election on Tuesday after the first Monday in November, 1922, and biennially on the same day thereafter and under the same laws providing for the election of other county officers. That their term of office shall be for a term of two years, beginning January 1st, 1923, and they shall serve until their successors are elected and qualified. After election as above provided they shall before entering upon their duties of office take and subscribe, each for himself, before the Ordinary of said county the following oath, to-wit: I do swear that I will faithfully perform the duties imposed upon me by law, as Commissioner of Roads and Revenues for the County of Elbert, to the best of my skill and knowledge, so help me God. Terms of office. Oath. Sec. 3. Each of the said Commissioners shall have been a bona fide citizen of this State, for at least five years, and a bona fide resident of Elbert County for at least three years immediately preceding the beginning of his term of office. He shall not be less than thirty years of age and shall have all other qualifications of other county officers. Eligibility. Sec. 4. Each of the Commissioners provided for in the foregoing sections of this Act shall give bond with security to be approved by the Ordinary of Elbert County, payable to Elbert County, Georgia, conditioned upon the faithful performance of all the duties imposed upon him by law as a Commissioner of Roads and Revenues for said county in

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the sum of ten thousand dollars ($10,000.00), the cost of same to be paid out of the treasury of Elbert County. Bond. Sec. 5. That the Board of Commissioners shall have exclusive control in all matters relating to roads, bridges, convicts, county public buildings, county paupers, the levying and disbursement of county taxes for county purposes, the making of contracts for county supplies, for labor, for construction, for repairs and for representation by counsel in all litigation in which Elbert County shall be interested. Control of county matters. Sec. 6. That the said Board of Commissioners shall have authority to take contracts to build Federal or State Aid Roads in Elbert County upon such terms and conditions as the said Board may think proper. Road contracts. Sec. 7. That the Board of Commissioners shall have the right to contract with such officers and employees as it may deem proper and to dismiss such officers and employees at any time that it may think proper, and when so dismissed said officers or employees shall receive pay for their services for the time served only. Employees. Sec. 8. That the Board shall elect one of their members chairman at the beginning of the short term and of each regular term and oftener if necessary. It shall be the duty of the chairman to provide at each meeting when present and to sign any and all papers for and in the name of the full Board. Chairman. Sec. 9. That the compensation for the services of the chairman of the Board as constituted in the different sections of this Act shall be at the rate of six hundred ($600.00) dollars per annum, payable monthly. That the compensation for services for each of the other members of the Board shall be five ($5.00) dollars per day for each day served, same to be paid monthly. Provided, compensation for neither of members of said Board of County Commissioners of Elbert County shall exceed six hundred ($600.00) dollars per annum. Compensation of chairman and members.

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Sec. 10. That the provisions of all foregoing sections of this Act shall become operative only after an election to be held within twenty days after its approval. Those favoring having one Commissioner shall have printed on their ballots For one Commissioner, those who favor three Commissioners shall have printed on their ballots For three Commissioners. If a majority shall vote for one Commissioner, then the provisions of this Act shall be null and void. If a majority shall vote for three Commissioners, then the provisions of the foregoing sections of this Act shall become valid, and become operative under the terms of this Act. Provided, however, that in no event shall the provisions contained in section 1a, of the Act of 1919, contained in Georgia Laws, 1919, pages 643, 644 and 645, be in any manner effected by the adoption of this Act, if the same shall be approved by the people, as aforesaid. Said election shall be called by the Ordinary of Elbert County and held under the laws now provided for holding elections for county officers. Election to ratify this Act. Ballots. Parts of act of 1919 not affected. Sec. 11. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 2, 1922. EVANS COMMISSIONERS; ACT AMENDED. No. 289. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Evans, approved August 16, 1915, as amended by an Act approved August 15, 1916, as amended by an Act approved August 15, 1916, as amended by an Act approved August 16, 1920, and as amended by an Act approved July 6, 1921, so as to provide for five members of said Board instead of three; to increase the number of road districts from three to five; to fix compensation of the members added to said Board; to fix their term of office; to requre financial statements

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to be furnished to the grand jury by said Board; to provide for a clerk of said Board, prescribe his duties 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 the authority of the same, That the word three in line four of section one in said Act, be stricken therefrom, and the word five inserted in lieu thereof, so that said section when amended will read as follows: That a Board of Commissioners of Roads and Revenues of the County of Evans to consist of five persons, is hereby created. Said Commissioners shall be freeholders and qualified voters of said county, and of good moral character, and shall reside in the road district from which they are elected, which districts are to be defined later on in this Act. Said Commissioners shall be men of good business qualities and experiences. Act of 1915, sec. 4, amended. Board of five. Sec. 2. Be it further enacted by the authority aforesaid, That section two of said Act be and the same is hereby amended by striking from the third line of said section two the word three, and inserting in lieu thereof the word five and also by striking all that portion of said section, which follows the word three in the third line thereof, and inserting in lieu of said stricken portion the following: The first road district shall be composed of the 1739th G. M. district. The second road district shall be composed of the 1366th G. M. district. The third road district shall be composed of the 1607th G. M. district. The fourth road district shall be composed of the 1738th G. M. district. The fifth road district shall be composed of 401st G. M. district; so that said section when so amended will read as follows, to-wit: That for the purpose of this Act the said County of Evans shall be divided in five road districts to be constituted as follows, to-wit: The first road district shall be composed of 1739th G. M. district, the second road district shall be composed of the 1366th G. M. district, the third road district shall be composed of the 1607th G. M. district, the fourth road district shall be composed of the 1738th

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G. M. district, the fifth road district shall be composed of 401st G. M. district. Sec 2 to be read. Road districts. Sec. 3. Be it further enacted by the authority aforesaid, That said Act as amended by Act approved July 6, 1921, be amended as follows: By striking from line twenty-four of section one of said amendatory Act approved July 26, 1921, the words The said Commissioners shall elect a clerk, and inserting in lieu of said stricken words the following: And said Commissioners shall elect a clerk, and by striking from line thirty-five of said amendatory Act the following: Fifty ($50.00) and inserting in lieu thereof thirtyfive ($35.00); so that said section one of said amendatory Act, 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 four ($4.00) dollars a day for each day of actual service; provided, that no Commissioner shall be paid for more than fifty (50) 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. The duty of clerk of said Board shall be to keep a record of actings 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 meetings of the Board, and he shall perform such other duties as may be assigned him by said Board and he shall keep all the books and records of his office in a neat, first-class and business-like condition at all times. He shall receive compensation for all his duties as such clerk in the amount of not exceeding thirty-five ($35.00) dollars 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 1921 amended. Sec. 1 to be read. Clerk's pay

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Sec. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, J. E. Sapp shall be Commissioner for the second road district; that E. J. Mitchell shall be the Commissioner for the fourth road district; that George A. Weathers shall be Commissioner for the fifth road district, for the remainder of the term for which they were elected. Commissioners named. Sec. 5. Be it further enacted by the authority aforesaid, That H. H. Daniels be and he is hereby made Commissioner for the first road district and C. T. Tippins is hereby made Commissioner of the third road district, both of whom shall hold said offices until the next general election, and until their successors are elected and qualified, and all such successors shall hold their offices for a term of four years from the time of their election and qualification. Sec. 6. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the said Board of Commissioners of Roads and Revenues shall cause the clerk of said Board to prepare, and present to each grand jury of said county an abbreviated itemized statement, showing the amount of county property; the cost and probable value of same, as well as a statement of all money received and paid out, indicating from what source received and for what purpose expended, which said financial statement shall be by grand jury published as a part of its presentments, or posted at the court house door in said county, whichever they may deem proper. Statement for grand jury. Sec. 7. Be it further enacted by the authority aforesaid, That section 19 of said Act approved August 16, 1915, be and the same is hereby amended as follows: By striking from the second and third lines of said section the word Monday and inserting in lieu thereof the word Tuesday; and by striking from the ninth line of said section the word two and inserting in lieu thereof the word three, so that said section when so amended shall read as follows: Be it enacted by the authority aforesaid, That said Board shall hold at least one session on the first Tuesday

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in each month at the county site in the court house where the clerk of said Board shall keep a regular office. At the request of a majority of the Board, the chairman may at any time, call an extra session; written notice of such shall be served on each member. The Board shall have the right to adjourn from day to day until they finish their business. No less than three members of said Board shall pass any order on any subject matter, and this shall be shown on the minutes by recorded yea and nay votes. The chairman shall vote on all measures before the Board. Act of 1915 amended. Sec 10 to be read. Sessions of board. Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 22, 1922. FRANKLIN TREASURER'S SALARY. No. 465. An Act to amend an Act, approved August 19, 1916, fixing the salary of the treasurer of Franklin County, so as to provide that the premium on the official bond of said treasurer shall be paid by the 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 section 1 of an Act approved August 19, 1916, fixing the salary of the treasurer of Franklin County, be amended by adding after the words per annum in the fifth (5th) line of said section the following: the annual premium on the surety bond of such treasurer to be paid beginning with the year 1923, out of the treasury of Franklin County, so that said section when so amended shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after January 1st, 1917, annually

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thereafter the compensation of the treasurer of Franklin County shall be five hundred ($500.00) dollars per annum. The annual premium on the surety bond of such treasurer to be paid beginning with the year 1923 out of the treasury of Franklin County in place of all compensation or other compensation now received by him, the same to be paid out of the treasury of Franklin County quarterly. Act of 1916 amended. Sec. 1 to be read. Premium of treasurer's bond. Sec. 2. Be it further enacted by authority of aforesaid, That all laws and parts of laws in conflict with this Act be, and are hereby repealed. Approved August 15, 1922. GLASCOCK COMMISSIONER ABOLISHED; BOARD OF COMMISSIONERS CREATED. No. 526. An Act to repeal an Act approved July 31, 1912, entitled An Act to create the office of Commissioner of Roads and Revenues for the County of Glascock, State of Georgia; to provide for an appointment to fill said office until January 1st, 1915, and to provide for an election to fill said office thereafter; to prescribe the qualifications, duties and powers of said officer, and fix his salary and to provide for and create a Board of Commissioners of Roads and Revenues in and for the County of Glascock; to name members thereof until their successors are elected and qualified; to provide for the election of members of said Board; to prescribe their qualifications, jurisdiction, duties, powers, compensation and term of office; to authorize said Board to create and fill such offices and positions as may be needed in said county and provided herein and to define the duties, fix the compensation and provide for the election and removal of such agents and employees by said Board as the Board may deem proper, 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 a Board of Commissioners of Roads and Revenues for the County of Glascock 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 Glascock shall be divided into three (3) road districts, as follows: District number 1 shall be composed of the 1, 167th District, G. M.; district number 2 shall be composed of 1,234th District, G. M. and 1,169th District, G. M.; and district number 3 shall be composed of 1,168th District, G. M., all of said county. Road districts. Sec. 3. Be it further enacted by the authority aforesaid, That the following named persons are hereby appointed, constituted and made Commissioners of Roads and Revenues for said County of Glascock under this Act, as follows: T. J. M. Kelley, from the first district, J. T. Underwood, from the second district, and G. Z. Sturgis, from the third district, and they shall hold office until January 1st, 1925, and until their successors are elected and qualified as hereinafter provided. Commissioners named. Sec. 4. Be it further enacted by the authority aforesaid, That the terms of office of said named Commissioners shall expire on the first day of January, 1925, and their successors shall be elected in the general election for State and county officers, to be held in and for said County of Glascock in the year 1924. The Commissioners of Roads and Revenues so elected in the general election for State and county officers of 1924 shall qualify and assume the duties of office on the first day of January, 1925. They shall each hold office for terms as other county officers and until their successors are elected and qualified. At elections for State and County officers one member of said Board of Commissioners shall be elected from each of the three road districts, and no

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member shall be elected from any road district unless he is a bona fide resident of the same, but each member shall be elected by the voters of the entire county, and not by the voters of his district alone. The candidate in each of the three districts receiving the largest number of votes in the county shall be declared elected. Terms of office. Election. Sec. 5. Be it further enacted by the authority aforesaid, That should a vacancy from death, resignation, removal from the county, district or otherwise occur on said Board of Commissioners the same shall be filled by appointment of the Ordinary of said County of Glascock until the first day of January after the general election, held next after such vacancy occurs, and the appointment shall be made from the district for which the vacancy occurs. Vacancy in office. Sec. 6. Be it further enacted by the authority aforesaid, That each Commissioner, before entering upon his duties, shall give bond with good security to be approved by the Ordinary in the sum of $1,000.00, payable to the Ordinary of said county and his successors in office, and shall take and subscribe an oath before the Ordinary of said county to well and faithfully perform his duties as such Commissioner under this Act, which bond and oath 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 of Commissioner and may be sued upon by the Ordinary on his motion, or by direction or request 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 and oath. Sec. 7. Be it further enacted by the authority aforesaid, That T. J. M. Kelley, the Commissioner named in this Act from the first road district, shall be, and is hereby appointed and constituted chairman of said Board of Commissioners for a term of his appointment as Commissioner or until his successor is elected and qualified. A chairman shall be elected at the first meeting of the Board on or after January 1st, 1925, and shall be elected for his term of office and until

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his successor is elected and qualified. It shall be the duty of the chairman to preside at all meetings of the Board and approve and sign the minutes of each meeting. The Board shall elect its own vice-chairman from among its number, to act in the absence or in the event of a disqualification of the chairman, and the vice-chairman shall exercise all the powers of the chairman when presiding. The chairman shall have the right to vote on all questions and perform any duties imposed upon him as a member of the Board of Commissioners, and unusually incident to and connected with the office of the chairman of such Board, except as herein provided. Chairman. Vice-chairman. Sec. 8. Be it further enacted by the authority aforesaid, That all members of said Board of Commissioners shall receive a salary of $100.00 per annum, to cover all services in connection with the regular and special meetings of said Board, this to be paid in four installments, quarterly, out of the county treasury, as other expenses of the county are paid. Salary. Sec. 9. Be it further enacted by the authority aforesaid, That said Commissioners shall meet in regular session at the county site on the first Tuesday in each month, for the transaction of county business, but may meet in extraordinary session whenever, in their judgment, public necessity may require it, or at any time upon a special call by the chairman; and they shall, at their first meeting after their organization, under this Act, appoint some suitable person to act as clerk, preference in the selection of the clerk being given to a suitable member of said Board, whose term of office shall be the same as that of the Commissioners, unless removed by the Commissioners for incompetency or malpractice in office, and whose compensation shall be fixed by said Commissioners at their first meeting in each year, said compensation not to exceed $200.00 per annum and to be paid in four installments, quarterly, out of the county treasury as other expenses of the county are paid. The clerk shall file with the chairman of the Board, subject to his

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approval, a bond with good security in the sum of $1,000.00, payable to the Commissioners of Roads and Revenues of Glascock County. Said bond shall be for the faithful performance of his duties as clerk, and to account for all funds, property or effects, coming into his hands as such clerk, and may be enforced by the Commissioners by suit whenever malfeisance in office or neglect of duty occurs. It shall be the duty of the clerk to attend all meetings of the Commissioners and to keep in well bound books, to be provided by the Commissioners at the expense of the county, full and accurate records and minutes of all their transactions; to file in the order of their date all the original orders and other papers; to arrange and keep in order of their filing all petitions, applications, and other papers addressed to said Commissioners and belonging to the Board, and to sign, as clerk, all orders and warrants issued at the instance of said Board and to record in a separate book all orders made or approved by said County Commissioners for the payment of money by the county treasurer, and all books, fees and records by this Act required to be used or kept shall be open at the county site for the inspection of all tax payers of the county. Meetings. Clerk. Clerk's pay Bond. Duties. Sec. 10. Be it further enacted by the authority aforesaid, That the Board of Commissioners shall be required to elect a convict warden who shall be superintendent of the roads and bridges of said county, to be selected on account of his efficiency, knowledge and skill in practical road building. 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. Such superintendent shall, before entering upon his duties, give bond with good security, to be approved by the Commissioners, in the sum of $1,000.00, payable to the Board of Commissioners

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of Roads and Revenues of Glascock 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 of Glascock, 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, but in no event shall his term of office or service extend beyond the term of office of the Board of Commissioners employing him. His salary shall be paid pro rata monthly. Superintendent of roads, etc. Duties. Bond. Salary. Sec. 11. Be it further enacted by the authority aforesaid, That said Board shall have authority to employ such other servants, agents and employees, and to contract for such material, implements and road equipment as may be necessary to successfully carry on road construction and road repairs in said county, and not contrary to law. Other employees. Sec. 12. Be it further enacted by the authority aforesaid, That said Board shall have exclusive jurisdiction when sitting for county purposes, over all matters concerning county property, county taxes, general and special; in establishing and changing militia districts and election precincts; and examining, auditing and settling accounts of all officers having the care, management, collection, keeping and distribution of money belonging to the county, or appropriated for its use and benefit; in making rules and regulations for the support of the poor of the county; in establishing, altering and abolishing roads and bridges and in carrying out any and all of its details and enforcement of the road law; and they are vested with the jurisdiction and powers that the old inferior courts had and which were formerly vested in the Ordinary of said county, and Ordinaries of said State, when sitting for county purposes, and generally to have and exercise all the powers granted by law, or as may be indispensable to complete and have proper jurisdiction over county finances and county matters. The Commissioners, when sitting as a court, in regular or extra session, for the

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transaction of county business, shall have such power to inflict fines and impose penalties upon all persons subject to its jurisdiction for disobedience to its orders, precepts, and processes as the judge of the Superior Court now has over such delinquents in such cases. Proceedings against such delinquents shall be in the manner and to the extent as now provided by law in such cases. The clerk of the Commissioners' Court shall act instead of the clerk of the Superior Court and a quorum of Commissioners instead of the judge of the Superior Court. Jurisdiction of board. Penalties. Sec. 13. Be it further enacted by the authority aforesaid, That a majority of the Commissioners shall constitute a quorum for the transaction of any and all business. Quorum. Sec. 14. Be it further enacted by the authority aforesaid, That requisition shall be made by all county employees, agents and officers for supplies, equipment and material on the Commissioners, and they before such supplies, equipment and material shall be bought, authority must be obtained from the Commissioners to order and buy the same. Supplies, etc. Sec. 15. Be it further enacted by the authority aforesaid, That all obligations of the county, created under the provisions of this Act, shall be paid by county warrants, and as herein provided, unless otherwise provided by law, to the party to whom such obligation may be due. The Commissioners shall require at their regular monthly meetings a list of all employees to be filed showing the names of the employees, the dates and amounts due them for services rendered during the preceding month. Payments by warrants. Sec. 16. Be it further enacted by the authority aforesaid, That said Commissioners shall prepare and submit to the grand jury at the first regular session of Glascock County Superior Court in 1923, and annually thereafter, a complete itemized statement, in writing, showing the financial condition of the county, by showing receipts and disbursements, from what sources received and for what purposes expended; and such further information and report as the grand jury may call for from time to time and term to term. Statement to grand jury.

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Sec. 17. Be it enacted by the authority aforesaid, That the members appointed in this Act shall meet on the first Tuesday in the month following the approval of this Act. First meeting of board. Sec. 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 19, 1922. GORDON ROAD LAW. No. 443. An Act to repeal an Act, so far as the same relates to the County of Gordon, entitled An Act to alter and amend the road laws of the State of Georgia, as applicable to the County of Gordon, Whitfield and Murray, which Act amended section 639 of Irwin's Revised Code, so far as the same was applicable to the counties of Gordon, Whitfield, and Murray, approved October 26th, 1870, Acts 1870, page 458. Said Act to be repealed so far as the same relates to the County of Gordon, and for 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 special Act above entitled be and the same is hereby repealed in so far as the same relates to the County of Gordon. Act of 1870 repealed for Gordon County. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and part of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922.

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GLYNN TERRITORIAL GRANT. No. 287. An Act to grant to Glynn County, in the State of Georgia, certain marsh land as herein described, 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 there shall be and hereby is granted to Glynn County, in said State, a strip or tract of marsh land two hundred feet in width and extending from Bock river to Manhead river in Glynn County, Georgia, being one hundred feet on either side from the center of that certain public road or highway now contemplated from the mainland to St. Simons Island in said county, as the same shall be hereafter located provided, said grant herein created shall be used exclusively for highway purposes, and Strip of land granted for highway only. Provided, further, that should said use herein designated be abandoned, then said property shall revert to the State. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 18, 1922. HARALSON COMMISSIONERS; COMPENSATION OF. No. 564. An Act to be entitled an Act to amend an Act approved August 16, 1915, creating a Board of Commissioners of Roads and Revenues for Haralson County, approved August 11th, 1920, 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 authority of

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the same, That from and after the passage of this Act, section 1, of said Act approved August 11th, 1920, amending said Act approved August 16th, 1915, be and the same is hereby amended by adding to the end of the last line of said section the following: Act of 1920 amended. Provided, that said Commissioners may be allowed a sum not to exceed $3.50 per day, for services and work performed by them while actually superintending road work in and for said county, said accounts and amounts, however, to be audited and allowed by the grand jury of said county, and paid out of the road funds of said county. So that said section when so amended shall read as follows: 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 per year, and the other two members of said board shall receive an annual salary of $300 per year. All of said sums to be paid out of the county treasury of said county on an order drawn by order of the board and signed by the chairman and the clerk; said Commissioners shall be exempt from road and jury duty, and shall be subject to removal from office for malpractice in the same manner as other county officers, provided, that said Commissioners may be allowed a sum not to exceed $3.50 per day for services and work performed while superintending road work in and for said county, said accounts and amounts, however, to be audited and allowed by the grand jury of said county, and paid out of the road funds of said county. Sec 1 to be read. Pay for superintending road work. 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 21, 1922.

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HOUSTON BOARD OF COMMISSIONERS ABOLISHED. No. 481. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Houston, State of Georgia, and for other purposes, approved August 16th, 1915 (Acts of the General Assembly of Georgia, 1915, page 265), and all other 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 of this Act, an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Houston, State of Georgia, 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 the provisions of this Act shall not become effective until December 31st, 1922. Effective Jan. 1, 1922. 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 16, 1922. HOUSTON BOARD OF COMMISSIONERS CREATED. No. 429. An Act to create a Board of County Commissioners for the County of Houston, State of Georgia; to provide for the qualification and election of the Commissioners who shall constitute said Board; to provide for the selection of a superintendent of roads and bridges in and for said county and fix his salary; to provide for the appointment

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of a purchasing agent for said county and to fix his salary; to provide for filling vacancies on said Board; to fix and define the powers and duties of said Board; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be established a Board of County Commissioners for the County of Houston, State of Georgia. Board established. Sec. 2. Be it further enacted by the authority aforesaid, That said Board of County Commissioners shall consist of three members to be elected by the people of the county from the county at large, and shall serve for a term of four years, or until their successors are elected and qualified. In order to be eligible for said office said Commissioners shall be qualified voters of said County of Houston and shall have resided in said county at least two years prior to the date of beginning any term of service. Election of three members. Eligibility. Sec. 3. Be it further enacted by the authority aforesaid, That for his services as such each of said Commissioners shall be paid the sum of one hundred dollars per year, said sum to be paid monthly out of the county treasury. Compensation. Sec. 4. Be it further enacted by the authority aforesaid, That the term of office of the said Board of County Commissioners first elected under the provisions of this Act shall begin on the first day of January, 1923, and shall continue for a term of four years. Commissioners for said first term shall be elected in the regular election to be held in November, 1922, and thereafter every four years, as other county officers are elected. Term of office. All vacancies by death, removal, resignation or otherwise, shall be filled by election by the remaining members of said Board, which election shall be for the unexpired term of the Commissioner causing such vacancy. Vacancies.

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A majority of said Board of County Commissioners shall constitute a quorum for the transaction of business. Quorum. Sec. 5. Be it further enacted by the authority aforesaid, That the Commissioners elected as provided in this Act shall meet at the court house in said County of Houston on the first Tuesday in January, 1923, and shall, from their number, choose one as chairman, whose term of office shall be one year; and a chairman of said Board shall be elected by said Board on the first Tuesday in January in each year thereafter. And on the first Tuesday in January, 1923, the said Board of County Commissioners shall organize for the purpose of carrying into effect the provisions of this Act. The said Board of County Commissioners shall have full and complete right and power to fix the time or times and place or places of the meetings of said Board. Organization. Chairman. Meetings. Sec. 6. Be it further enacted by the authority aforesaid, That the said Board of County Commissioners shall elect a clerk or secretary, either of said Commissioners being eligible for such position, whose duty it shall be to keep in wellbound books complete records of all the proceedings of the said Board of County Commissioners, and to do and perform all of the duties and services usual and incident to the position of clerk or secretary of such a Board. Said clerk or secretary shall be elected for such term or period as the said Board may determine upon; and he shall be paid a salary not to exceed $1,000 per year, payable monthly, such salary to be fixed by the said Board of County Commissioners. Said clerk or secretary shall by virtue of his office, be the purchasing agent of said county, and it shall be his duty to purchase all equipment, material and supplies for said county, of such kind and quality, and in such quantities as may be deemed necessary, all of such purchases, however, to be as far as practicable upon competitive bids, and under the direction and upon authority of the said Board of County Commissioners. Clerk. Duties. Salary. Purchasing agent. Before entering upon the performance of his duties said clerk or secretary shall execute a good and solvent bond to

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the said Board of County Commissioners conditioned for the faithful performance of his duties in the sum of two thousand dollars. Bond of clerk. Sec. 7. Be it further enacted by the authority aforesaid, That the said Board of County Commissioners shall at their first annual meeting in each year, or as soon thereafter as practicable, elect a superintendent of roads and bridges for said County of Houston. He shall receive a salary to be fixed by said Board of County Commissioners not to exceed eighteen hundred dollars per year, same to be payable monthly. Said superintendent of roads and bridges shall have supervision and charge of the construction of all roads and bridges in the county, and the maintenance and upkeep thereof. He shall have charge and supervision of the chaingang of said county and the working of the same under the direction of the said Board of County Commissioners. A complete written record shall be kept of the requisitions made by the said superintendent of roads and bridges upon the clerk or secretary of the said Board of County Commissioners for all supplies and equipment for the maintenance of the chaingang and the carrying out of the work under the supervision of said superintendent. The said superintendent of roads and bridges before entering upon the duties of his position shall execute to the said Board of County Commissioners a solvent bond in the sum of $1,000.00, conditioned for the faithful performance of his duties as such superintendent. Superintendent of roads, etc. Salary. Duties. Records. Bond. Sec. 8. Be it further enacted by the authority aforesaid, That the said Board of County Commissioners shall have exclusive jurisdiction over the business of the county covering within the scope and purview of their authority, having exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all of the property of said county, as they may deem expedient, according to law; in levying taxes, according to law; in establishing and abolishing roads and bridges, according to law; in abolishing, changing, or establishing election precincts and

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militia districts according to law; in supervising the books of the tax receiver and tax collector; in settling the claims and accounts of officers having the care, management, or disbursement of funds belonging to, or appropriated for the use and benefit of said county, and bringing them to a settlement; in providing for the poor of the county, and in preserving and safe-guarding the health of the county; in regulating license fees as provided by law; in establishing and maintaining the county chain-gang; in appointing and discharging all minor officers and employees of said county whose election is not otherwise provided for by law; in providing for a uniform system of collecting the commutation road tax, the amount to be paid, or the number of days work on the roads of said county in lieu thereof; in levying and collecting the tax for roads as provided by law; in fixing the time when the commutation tax shall be paid or the work in lieu thereof performed; in trying all road defaulters according to law; and generally to have and exercise all of the powers ordinarily vested in the ordinary when sitting for county purposes, and to exercise all other powers and discharge all other duties fixed and granted by law; and all others as may be incident or indispensable to the jurisdiction of said Board of County Commissioners over county matters. Jurisdiction of board. Sec. 9. Be it further enacted by the authority aforesaid, That the members of the said Board of County Commissioners, the clerk or the secretary thereof, and the superintendent of roads and bridges provided for in this Act shall be exempt from jury duty during their term of office. Exemption from jury duty. 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 they are, hereby repealed. Approved August 15, 1922.

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JASPER COMMISSIONERS; BONDS OF SUCCESSORS. NO. 340. An Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Jasper, to prescribe and define the duties, compensation and powers of same. Approved August 1921, by adding to section 12 line 3 of said section, beginning after the word duties and ending at the word shall, the following words: and each of their successors in office, shall be required to give bond in the sum of two thousand ($2000) dollars each, payable to the Governor of this State, the bonds to be approved by the ordinary of Jasper 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, that section 12, of the Act approved August 1921, to create a Board of Commissioners of Roads and Revenues for the County of Jasper, be amended by adding to the 3rd line of said section after the word duties, and ending before the word shall the following words, and each of their successors in office shall be required to give bond in the sum of two thousand ($2,000) dollars each, payable to the Governor of this State, the bonds to be approved by the ordinary of Jasper County, so that said section when so amended shall read as follows. Act of 1921 amended. Sec. 12. Be it further enacted, That each commissioner, before entering upon the discharge of their duties, and each of their successors in office shall be required to give bond in the sum of two thousand ($2,000) dollars each, payable to the Governor of this State, the bonds to be approved by the ordinary of Jasper County, and also they shall be sworn in by each other, and a record thereof entered in the book of minutes to be kept by them, as hereinbefore provided, well and truly to discharge his duties as such. Sec. 12 to be read. Bond of successors.

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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 3, 1922. JEFF DAVIS BOARD OF COMMISSIONERS ABOLISHED. NO. 514. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Jeff Davis, State of Georgia, approved August 7th, 1920, 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 from and after September 1st, 1922, An Act to create a Board of County Commissioners for the County of Jeff Davis, and to provide for their appointment, to provide their powers, duties, compensation approved August 7th, 1920, be and the same is hereby repealed. Act of 1920 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 19, 1922. JEFF DAVIS COMMISSIONER'S OFFICE CREATED. No. 467. An Act to create the office of Commissioner of Roads and Revenues of the County of Jeff Davis; to provide for his

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election and for his recall; to provide for a Commissioner until the first Commissioner is elected and qualified under this Act; to prescribe the term of office of the Commissioner so elected; to define the duties of the Commissioner and provide for his compensation; to provide for the proper supervision of his acts and the auditing of his books, and generally; to provide for the management of the affairs 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 September, 1922, the county affairs of Jeff Davis County, Georgia, shall be administered by a Commissioner of Roads and Revenues, and for that purpose the office of Commissioner of Roads and Revenues of Jeff Davis County is hereby created. Office of commissioner created. Sec. 2. Be it further enacted by the authority aforesaid, That P. A. Carter is hereby appointed, constituted and made Commissioner of Roads and Revenues of Jeff Davis County, under this Act, and he shall hold office until January 1st, 1925, and until his successor is elected and qualified as hereinafter provided. Commissioner named. Sec. 3. Be it further enacted by the authority aforesaid, That the successor to the commissioner as named in section 2, of this Act shall be elected by the qualified voters of said county at the general State election held in said county 1924 to serve for a term of two years, beginning January 1st, 1925 and thereafter the term of said Commissioners shall be for a period of two years, and shall be elected by the qualified voters of said county at the regular State election held in said county immediately preceding the expiration of the term of the incumbent. Election of successor. Term of office. Sec. 4. Be it further enacted by the authority aforesaid, That the managers of elections held under this Act shall consolidate the returns of said elections as provided by law for general elections held in said county and certify the results to the Ordinary of Jeff Davis County, and said Ordinary

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shall issue commission of appointment to the successful candidate. Returns of election. Commission by Ordinary. Sec. 5. Be it further enacted by the authority aforesaid, That said Commissioner, before entering on the discharge of the duties of his office, shall give bond with good security, approved by the Ordinary of said county in the sum of five thousand dollars payable to the Ordinary of the county and his successors in office and conditioned for the faithful discharge by said Commissioner of his duties and the carrying out of the conditions thereof, said bond may be issued under the name of said Ordinary, either on his own-motion or by direction of the Grand Jury of said county and the Commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance in office, or any tort or wrong committed under color of his office, as well as for neglect or nonfeasance. Bond of Commissioners. Sec. 6. Be it further enacted by the authority aforesaid, That said Commissioner shall, before entering upon the discharge of the duties of his office, make and subscribe to an oath before the Ordinary of the county to faithfully discharge his duties and to carry out the provisions of this Act, to the best of his skill and knowledge, and to the best interest of the county. Oath of office. Sec. 7. Be it further enacted by the authority aforesaid, That the compensation of said commissioner shall be $1500.00 per annum, and he shall be allowed $300.00 per annum for traveling expenses for going from place to place in the county to discharge the duties imposed upon him by this Act. Said Commissioner shall be his own clerk, and no extra compensation shall be allowed him for the performance of this duty and if he employs a clerk he shall be liable for the conduct or misconduct of said clerk. Said Commissioner shall go over all the public roads of the county at least once per month, and should he find a bridge or other part of roads that need immediate repair he shall cause the county warden to take the convicts of said county and put such

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bridge or road in condition to assure the safety of the traveling public. Salary and expense allowance. Sec. 8. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of Commissioner, by reason of death, resignation or otherwise, the Ordinary of said county shall serve until his successor is elected and qualified such vacancy shall be filed at a special election called by the clerk of the Superior Court of said county, and held within thirty days after the death, resignation or other cause resulting in such vacancy. All rules and regulations governing regular county elections shall govern all regular and special elections held under this Act. Vacancy in office. Sec. 9. Be it further enacted by the authority aforesaid, That said Commissioner shall have, and he is hereby vested with exclusive jurisdiction and control over the following matters to-wit: In directing, controlling and caring for all property of the county, according to law; in levying taxes for county purposes, according to law. But in no event shall he make a levy of taxes for all county purposes to exceed 15 mills for any one year unless so directed by the people of the county in an election called for that purpose. He shall have control over the establishing, altering or abolishing public roads, private ways, bridges and ferries in conformity to law in establishing, abolishing or changing election precincts and militia districts, according to law; in supervising the tax collectors' and tax receivers books and in allowing the insolvent list for said county according to law; in examining, settling and allowing all claims against the county; in examining and auditing all claims and accounts of officers having the care; management, keeping, collection or disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to a settlement, and especially is he charged with frequently examining and auditing the books of the county treasurer or county depository and shall see that the county depository keep a separate account of the different funds levied and shall see that no vouchers are paid out of any other fund

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except the fund from which such voucher was drawn. He shall audit the books of the tax collector, tax receiver, the sheriff, the superintendent of public schools, and other officers of said county, through whose hands county funds may pass, and this may be done by the Commissioner himself or through accountants or bookkeepers employed for the purpose, and he or they may require from all such officers subject to examination, such reports as may be necessary to keep said Commissioner fully informed at all times of the financial condition of the county, in controlling, calling 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 quarentime against contagious diseases and epidemics according to law; in regulating and fixing license fees as authorized by law; in providing for the levy and collection 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 the 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 officers of the county whose election or appointment is not otherwise provided by law, such as superintendent and guards of convicts in the chaingang, janitor of the court house, road overseers for the public roads for various districts of the county, county physican and health officer, tax assessors, county policemen, and other officers and guards as needed and authorized by law. All appointees of said Commissioner shall be subject to suspension or dismissal at any time, and no appointee so suspended or dismissed shall be entitled to any salary or compensation during suspension or after dismissal no matter whether the time for which he was appointed has expired or not. Jurisdiction of the Commissioner. Audit of books of county officers. Appointment of minor officers. Dismissal or suspension.

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Sec. 10. Be it further enacted by the authority aforesaid, That said commissioner shall have authority to employ a competent attorney-at-law as county attorney to advise him and represent the county in any letigation which may arise in which said county is a party at a salary not to exceed $300.00 per annum. Attorney. Sec. 11. Be it further enacted by the authority aforesaid, That said Commissioner shall have entire control and management of convicts of said county sentenced to work upon the roads or works of said county, and all convicts of this 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 State as may now are hereafter be adopted or enforced by law in said county. Convicts. Sec. 12. Be it further enacted by the authority aforesaid, That said Commissioner shall select one regular day of each week in which he shall remain in his office at the court house of said county for the transaction of public business in connection with this office, and the remainder of his working time in each month, unless necessarily required for the transaction of public business in his office, shall be devoted to the personal supervision of laying out road work, investigation of roads and bridges or other public property, the measure and delivery of supplies to the convict camp, the direction and management of said camp, in the most economical manner, and generally to the affairs of the county. He shall devote his entire time to the discharge of his duties as such commissioner and during his incumbency in office shall not engage in any business enterprise or accept any other responsibility which will interfere with the discharge of his duties. Office day. Remainder of time. Sec. 13. Be it further enacted by the authority aforesaid, That said Commissioner shall keep a proper and accurate book of minutes, wherein shall appear all orders and proceedings

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had and passed reference to county matters. He shall keep a full and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn by him on the county treasurer or depository, for what purpose and on what fund. He shall also keep a book in which he shall record in itemized form all articles or things of whatever kind purchased by him for the use and consumption of and by any department of the county government giving the name of the article, date when purchased, from whom purchased, the price paid therefor and for which department purchased and used. He shall also keep a cash book in which he shall daily enter any cash item received by him, from whom received and for what purpose received. He shall keep a record separate from other financial affairs of the county of all expenditures on account of the chaingang of said county, including supplies and equipment therefor and pay of guards, etc. He shall keep a book of inventory, live stock, chain-gang outfit, 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 he shall keep such other books and records as may be necessary. 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 or tax payer of the county or to any other person interested in the same. Books and records to be kept. Sec. 14. Be it further enacted by the authority aforesaid, That said Commissioner at the end of each quarter, shall make up a condensed statement showing all amounts collected and expended on behalf of the county, during that quarter. Said statement shall show the balance on hand at the beginning of the quarter and at the end of the quarter. He shall verify said statement by an affidavit, as follows: I..... Commissioner of Roads and Revenues of Jeff Davis, do solemnly swear that the above is a full and true statement of the monetary transactions of my office for the quarter ending..... and that I have not received

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any rebate or drawback, nor have I personally profited or known of any illegal profit to any one whomsoever through any transaction of my office, so help me God. (Signed)..... Sworn to and subscribed before me, this..... day of..... 19..... Said statement shall be published in the official organ of the county, provided the Commissioner can arrange for its publication at a satisfactory price, not to exceed in any event $1.00 per hundred words: If the commissioner can not obtain the publication of said account or statement at a satisfactory price by the official newspaper, or some other newspaper published in the county, then he shall arect a bulletin board in the rotunda of the court house and post such account or statement thereon. Quarterly statement verified. Publication of statement. Sec. 15. Be it further enacted by the authority aforesaid, That it shall be unlawful for said Commissioner of Roads and Revenues to employ any person related to him within the third degree, by blood or marriage, or to contract with such person or persons, for any equipment, material or supplies, or for any work to be done on the public roads, bridges or other works of the county, except when bids are received for equipment, materials or supplies, or for work to be done on public roads, bridges, or other works of the county upon full specifications and due advertisement in regard thereto, and a person so related to said commissioner submits a bid and is the lowest bidder therefor. All purchases or supplies and all other materials shall be purchased by competitive bids, and the Commissioner shall post a notice of all supplies needed for the county at least ten days before the purchase is made at the court house door of said county, or the same in some official newspaper in the county, and a notice at the Court House shall be considered due advertisement. The commissioner shall have the right, however, to reject any and all bids, and it shall likewise be unlawful for said commission 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

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any equipment or supplies for the county or the awarding of any contract for said county, and if any commissioner shall 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 the Penal Code of Georgia of 1910, and shall forfeit his office, and such conviction shall create a vacancy in said office, which shall be filled by election as provided in section nine of this Act. Employment of relatives unlawful. Bids for supplies. Financial interest forbidden. Penalty. Sec. 16. Be it further enacted by the authority aforesaid, That no material for public building, bridges or roads shall be purchased by said Commissioner, for the county, except upon written specifications as to quality, and all such material must be suitable for the purpose intended and of good quality and generally recognized as standard for the purpose to be used. Metal culverts shall be bought according to size and gauge and such as recognized by the State Highway Department and the United States road building authorities as standard for road purposes. All laws of Georgia as to competitive bidding for all such material shall be strictly observed. Purchase of materials. Sec. 17. Be it further enacted by the authority aforesaid, That said commissioner may receive contributions for the improvement of the public roads of the county from any person who owns property along the same, or from any other persons who may be interested in the improvement of the roads, or from the State Government or from the United States Government, and such contribution, when received, shall be used for the improvement of the designated by the contributor, 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, and he shall take and file receipts for all such disbursements, and he and the sureties on his official bond shall be liable for any misappropriation of any such funds on said bond. Contributions for road improvement. Sec. 18. Be it further enacted by the authority aforesaid, That it shall be the duty of said Commissioner, in all roads and bridge work done in said county, to keep always in

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view what will be to the greater good of the greatest number, and this policy shall be uniformly observed by said Commissioner. Bridge and road work. Sec. 19. Be it further enacted by the authority aforesaid, That said Commissioner shall keep in constant touch with the office of the State Highway Department and the office of the Director of Public Roads of the United States Department of Agriculture, and shall secure and keep in his office and familiarize himself with all the free bulletins and pamphlets bearing upon the subject of road building, and it shall be his duty at all times to entertain and discuss suggestions to to road building. Road building. Sec. 20. Be it further enacted by the authority aforesaid, That it shall be the duty of said Commissioner, subject to the provisions hereinafter made, to have those main streets and thoroughfares of the incorporated cities and towns in said county which are continuation or extensions of public roads leading into said cities or towns worked and kept in repair in the same manner as the public roads of said county are now worked and maintained outside the said cities and towns of said county. Repair of streets in towns. Sec. 21. Be it further enacted by the authority aforesaid, That the said Commissioner shall confer with and co-operate with the municipal officers of said cities and towns as to the time or times when work on the streets and thoroughfares under provisions of this Act shall be done, the manner of doing the same and as to all other matters pertaining thereto. Co-operation with municipal officers. Sec. 22. Be it further enacted by the authority aforesaid, That the treasurer of the cities and towns availing themselves of the provisions of this Act shall be required to pay to the said Commissioner all street tax colected from the citizens of said cities and towns residing on said mainstreets and thoroughfares worked under the provisions of this Act and liable to street tax, to be by said Commissioner expended in working, repairing and maintaining said streets and thoroughfares. Street tax payable.

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Sec. 23. Be it further enacted by the authority aforesaid, That the working of streets and thoroughfares in and through the several municipalities of said county, as herein provided for, shall at all times, be under the direction, supervision and control of said Commissioner just as the public road work of the county is now performed, provided, that in connection with said Commissioner's office. Said accoun-authorities and the said Commissioner as to any matter pertaining to the said work herein provided for the judgment or decision of the said Commissioner shall prevail and be final in the premises. Control of street work. Sec. 24. Be it further enacted by the authority aforesaid, That the grand jury sitting at the last regular term of court in each year, shall appoint two or more expert accountants, or expert bookkeepers to audit the books, accounts and warrants of said Commissioner. Said accountants or bookkeepers shall have the power to examine upon oath said Commissioner relative to any account, item, warrant or transaction in connection with said commissioner's office. Said accountants or bookkeepers shall audit all books, accounts, vouchers, warrants and other records of said Commissioner up to the first of April of the year following their appointment, and shall prepare an inventory of all property and material of the county on hand on that date, and make a report of their findings to the Judge of the Superior Court of said county, who shall submit the same to the grand jury at the first regular term of the Superior Court thereafter, which grand jury in its discretion may provide for the publishing of said report in the official newspaper of the county or in pamphlet form. The grand jury appointing said accountants or bookkeepers shall prescribe the amount to be paid them for their services. Audit of books and accounts for grand jury. Sec. 25. Be it further enacted by the authority aforesaid, That it shall be the duty of the grand jury at each term of the Superior Court to inquire into the official acts of said Commissioner, and if any grand jury of Jeff Davis County shall find, by a two-thirds vote, that the Commissioner has

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violated any of the terms of this Act, or that he has been wasteful or insufficient, or has wrongfully or fraudulently conducted the affairs of his office, or is otherwise not qualified to manage the affairs of the office, the grand jury so finding shall declare said office vacant, and the clerk of the Superior Court shall proceed to call a special election to fill such vacancy as hereinbefore prescribed. However, before a vacancy shall be declared under the provisions of this section, the grand jury shall grant a hearing to said Commissioner, and shall consider any showing made by him, a deposed Commissioner shall not have the right to be a candidate to succeed himself. Inquiring by grand jury. Vacancy may be declared after hearing. Sec. 26. Be it further enacted by the authority aforesaid, That if for any reason any section, provision, clause or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not effect or destroy the validity or constitutionality of any other section, provision, clause or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the section provision, clause, or part so held to be invalid. Invalid part not to affect whole act. Sec. 27. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922. JENKINS COMMISSIONERS; ELECTION TO DETERMINE MEMBERSHIP. No. 356. 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 1, 1911.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act section 3 of An Act to establish a Board of Commissioners of Roads and Revenues for the County of Jenkins, to provide the manner of their elections, to define their powers and duties, and for other purposes, approved August 1, 1911, be and the same is hereby, amended by striking out all of said section 3 and inserting in lieu thereof the following: Act of 1911 amended. Section 3. Be it further enacted by the authority aforesaid, that said Board of County Commissioners shall consist of five members, and that, beginning January 1, 1923, said members shall be the following persons: S. C. Parker, H. A. Proctor, and the three persons who shall be nominated for county commissioners in a primary to be held in Jenkins County on September 13, 1922, by the Democratic Party of the State of Georgia. Said five named Commissioners shall compose said board and shall serve for the following terms, and until their successors are elected and qualified, to-wit: H. A. Procter, from January 1, 1923, to January 1, 1924; S. C. Parker, from January 1, 1923, to January 1, 1928; and the three persons nominated in the primary to be held on September 13, 1922, shall hold office as follows: The one receiving the highest number of votes in said primary shall hold office from January 1, 1923, to January 1, 1927; the one receiving the second highest number of votes shall hold office from January 1, 1923, to January 1, 1926; and the one receiving the third highest number of votes shall hold office from January 1, 1923, to January 1, 1925. The successor of said named persons shall be elected in the following manner: The grand jury which shall convene in Jenkins County for the Fall Term next preceding the expiration of the term of office of any of said commissioners or their successors shall nominate and elect a successor for a term of five years, who shall be commissioned by the Governor for said term of five years, and shall take the usual oath of office before entering on the discharge of the duties of said office. All of said commissioners shall, before qualified, give a bond

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in the sum of one thousand dollars, conditioned for the faithful discharge of the duties of their office. New Sec. 3. Board of five. Terms of office. Election of successors. Sec. 2. Be it further enacted by the authority aforesaid, That for the purpose of the ratification of this amendment, an election shall be held in Jenkins County on Wednesday, September 13, 1922, at all precincts therein, which said election shall be held under the rules and regulations governing other elections in the County of Jenkins and in the State of Georgia, at which said election any person who was registered and qualified to vote at the last State and County election held in said county, and any other person who may have legally registered not later than May 6, 1922, shall be allowed to vote. If said election shall, for any reason, not be held on Wednesday, September 13, 1922, then said election shall be held on the Wednesday after the first Monday in October, 1922. The county authorities of Jenkins County having charge of such matters shall provide a ballot to be used in said election, which ballot shall have marked thereon For ratification of amendment to County Commissioners Act, and Against ratification of amendment to County Commissioners Act. If in said election a majority of the voters of said county voting at said election shall vote For Ratification of the Amendment to the County Commissioners Act then this amendment shall become operative and go into effect on January 1, 1923; but if in said election a majority of the voters of said county voting at said election shall vote Against Ratification of the Amendment to the County Commission Act then this amendment shall be null and void and of no effect. Election to ratify this act. Ballots. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 8, 1922.

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LAMAR BOARD OF COMMISSIONERS CREATED. NO. 499. An Act to create a Board of Commissioners of Roads and Revenues for the County of Lamar, Georgia; to provide their qualifications, methods of election, terms of office, powers, authority and liabilities; to provide for an executive officer to be selected by the said board to be known as county manager, and to set forth his powers, duties, and liabilities, and his qualifications for office; to provide for proper audits of books and affairs of said county by said board and the publication thereof; to provide for the compensation of such board of the county manager; to provide for the submission of the question whether this Act shall take effect in said county to the voters thereof, to be voted on by them, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1923, the county affairs of Lamar County, Georgia, shall be administered by a board of Commissioners of Roads and Revenues, and a county manager to be selected by said board, and for this purpose, the officers of Commissioners of Roads and Revenues of Lamar County, and of county manager, are hereby created. This board shall consist of three members to be elected from the county at large at the regular election to be held in said county in 1922, at which the State officers are elected. Board of three members, and county manager. 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 for the purpose of this Act the word Board shall mean the Board of County Commissioners of Roads and Revenues unless otherwise required by this Act. Board defined. Sec. 3. Be it further enacted, That the county manager form of county government hereby created and provided shall consist of a board of county commissioners composed

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of three members with a county manager as the chief executive officer thereof; but such manager shall not be a member of such board. A majority of the board shall constitute a quorum for the transaction of all business and majority of the board must concur in order to pass an order, or let any contract, or grant or allow any claim against the county, and their acts on all such matters shall be duly entered on the minutes of the board. Manager as chief executive. Quorum of board. Sec. 4. Be it further enacted, That the Board of County Commissioners of Roads and Revenues hereby created, shall have exclusive jurisdiction over and control of all county matters, such as public roads, bridges, the working or hiring out of convicts, private roads, county finances, the levying and collection of taxes for said county purposes, the management, control over, and disbursing of county funds, the erection, repair and maintenance of public buildings, the supervision over and control of, and exclusive jurisdiction over and in all matters wherein jurisdiction is now vested in the ordinaries of this State in counties in which there is no Board of County Commissioners of Roads and Revenues. That the board shall be vested with all the rights, powers, and authority formerly vested in the inferior courts of this State prior to the Constitution of 1868 when sitting for county purposes, except calling elections which shall be by the ordinary and matters pertaining to education, health and such other matters as have been by general law vested by the Legislature in other officers or tribunals, or as herein limited, extended, amplified or modified. Said board shall constitute a court for the trial of road defaulters and of any and all matters pertaining to county matters formerly vested in the inferior courts of this State, or now vested in the ordinaries of this State in counties in which there are no Board of Commissioners of Roads and Revenues, when sitting for county purposes; shall have the right and power to issue all necessary writs, and summon parties or witnesses before them and shall have the power to punish for contempt by fine or imprisonment in the same manner as the courts of ordinary of this State; that the sheriff of the county, or his

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deputy, may be required to attend upon the meetings of the board, and shall serve all writs, subpoenas, and other processes of such court, and the sheriff shall receive for such services such compensation as is provided for by law for like service in the Superior Court. Jurisdiction of board. Powers. Court powers. Sec. 5. Be it further enacted, That the board shall exercise such power as may be construed as legislative or judicial only when sitting in regular or special session with a quorum of the board present. Legislative or judicial powers. Sec. 6. Be it further enacted, That the board shall exercise such powers as may be construed as executive only by or through the county manager or other duly appointed officer or agents. Executive powers. Sec. 7. Be it further enacted, That the board shall hold regular sessions once every month on a regular day set by the board in the court house of the county, and may adjourn from day to day until their business is finished; and extra sessions may be held at any time upon call of the chairman or any two members of the board when in their judgment the interest of the county demands it. At the first meeting in January following the general election at which new members of the board shall have been elected, the board shall organize the board by electing one of their members chairman. Sessions monthly, and extra. Sec. 8. Be it further enacted, That the board shall keep full and correct minutes of all its official acts and doings in a minute book kept for such purpose, a book of receipts and disbursements, a general ledger, a warrant book, a book containing a complete list of all county property, real and personal, and shall make a record therein of all sales or dispositions of same; also a road register in which shall be kept a record of all public roads and all private roads granted or ordered kept open by the board, particularly describing such roads, and shall make a record of such roads, which shall be hereafter granted, or ordered kept open in accordance with law. The board shall also keep on file all paid

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warrants and vouchers and other papers necessary to show a complete record of all transactions of the county. Books and papers to be kept. Sec. 9. Be it further enacted, That the county manager shall be ex-officio clerk of the board. The clerk shall keep the books of the board and shall make a record of all the acts and doings of the board in the minute book kept for such purpose, and also shall keep all other records and accounts of the board and perform such other acts and duties as may be required by the board, not inconsistent with the provision of this Act or of the laws of the State. Clerk. Sec. 10. Be it further enacted, That the board and county manager jointly, shall publish monthly reports in the official gazette of the county containing the full and complete statement of the finances of the county during the preceding month, showing all receipts and from what sourcs derived, and all disbursements and for what purposes paid out. Monthly reports. Sec. 11. Be it further enacted, That the board shall make a full and complete written statement of the financial condition of the county to the grand jury of the county at the Spring and Fall term of the Superior Court of the county, a copy of which shall be kept on file in the office of the board. Their office and record shall be subject to examination of the grand jury, their committee, or any person whom they may specifically empower to report to the same or a succeeding grand jury who shall submit in writing a report of the conditions of such office and the books and files thereof, and specify any neglect of duty or anything wrong done by board or any member, officer or employee thereof. The grand jury shall have an audit made each year of all the books, accounts, files and records of the board. Statement to grand jury. Sec. 12. Be it further enacted, That all warrants drawn on the county shall be drawn and signed by the county manager and countersigned by the chairman of the board before being paid by the treasurer or depository of the county. All warrants shall be numbered and shall show for

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what and on what fund drawn and the paid originals and the book of stubs carefully preserved and kept on file in the office of the board. The chairman of the board and the county manager shall each make a bond in the sum as the board may prescribe in a good and solvent fidelty and guarantee company payable to the county conditioned for the faithful discharge of the duties of his office. The amount of such bonds and the securities thereon shall be first approved by the ordinary of the county and then filed and reccorded by the ordinary as the bonds of other county officers. Said bonds to be paid for out of county funds. Certified copies of such bonds shall be kept on file in the office of the board. Warrants. Bonds of chairman and manager. Sec. 13. Be it further enacted, That the board shall in regular session, call for such purpose, make general plans, specifications and requirements, prescribing the manner and style in which the public roads of the county shall be constructed and repaired. And such plans, specifications and requirements shall not be modified or changed except on action of the board, in like manner as the same were adopted. The board shall furnish the county manager with a copy of such plans, specifications and requirements and require the public roads of the county to be built and repaired in accordance therewith. Road plans, etc. Sec. 14. Be it further enacted, That the county manager shall be a man of good moral character, at least twenty-five years old, and with practical experience in matters of business and finance and in the management of labor. He shall be appointed by the board for a term of one year from the first day of January, immediately succeeding a general election for the members of the board and all vacancies shall be filled only for the unexpired term. The board shall have the power to discharge the county manager at any time for cause of which they shall be the exclusive judges, but shall do so by appropriate resolutions setting out such cases, which shall be entered upon the minutes of the board. Manager's eligibility, appointment, discharge, etc.

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Sec. 15. Be it further enacted, That the county manager shall have charge of all business matters of the county and shall have supervision of the work of the county in the building and repair of roads, bridges, building or of any other work of the county, under the general supervision of the board subject to the provisions of section 13, of this Act. He shall, with the advice and consent of the board, appoint a county warden and all of the officers and laborers of the county engaged in the construction and repair of roads, bridges, building and other works of the county over which the board has jurisdiction and shall have supervision over all such officers and laborers and shall have the power to discharge such officers or laborers at any time for cause with the right of appeal by such officers to the board. He shall be the chief purchasing and selling agent of the county for all animals, machinery, implements, materials and supplies of all kinds used in the construction or repair of buildings, roads, bridges and for the use of the convicts, but all purchases and sales by him shall be subject to the approval of the board. He shall do every act or thing necessary or proper in the discharge of his duties as county manager subject to the general supervision of the board. The board shall check up all accounts acts and doings of the county manager at least once every month. Manager's duties and powers. Sec. 16. Be it further enacted, That the county warden (if any) shall have charge of the construction and maintainance of all roads and bridges of the county under the supervision of the county manager. Warden. Sec. 17. Be it further enacted, That the board shall have the right and authority to employ a county physician and a county attorney when necessary and also employ special council to represent the county in matters where in their opinion the same may be necessary or advisable to protect the interest of the county. Physician. Sec. 18. Be it further enacted, The board shall fix the salary and compensation of all its officers and employees,

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which shall be paid out of the county funds as provided by law. Salaries. Sec. 19. Be it further enacted, That the salary or compensation of members of the board shall be fixed by the recommendations of the grand jury of the county once every two years at the session of the Superior Court next preceding the general election at which members of the board are elected, and such compensation shall be paid from the county treasurer in monthly installments, on warrants drawn on the treasurer or depository of the county, as in the case of other claims against the county, and they shall receive no other compensation of any kind whatsoever, but the grand jury may fix the compensation of the chairman of the board different from that of other members of the board. Should no action be taken by the grand jury at such terms of the court the compensation of the chairman shall remain as fixed by the grand jury for the past two years. Compensation of board members. Sec. 20. Be it further enacted, That no person shall be eligible to be a member of the Board of Commissioners of Roads and Revenues under provision of this Act, who is not at least twenty five (25) years old and shall have been a citizen of the county for two whole years next preceding his election and is also a freeholder of the county and shall be of good moral character and experienced in matters of finance. No member of such board shall be eligible to hold any other office of the county while a member of such board. Eligibility to board. Sec. 21. Be it further enacted, That the term of office of members of the board shall be four years and until their successors are elected and qualified, provided, however, that members of the board elected at the general election in 1922 shall serve until January 1st preceding the general election when other county officers are elected in 1924 and until their successors have been elected and qualified. Terms of office. Sec. 22. Be it further enacted, That all vacancies in the membership of the Board of Commissioners shall be filled by a special election called by the ordinary of the county in the

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same manner as in the case to fill vacancies in other county offices, and the person so elected shall be commissioned, and hold office until the expiration of said unexpired term, and until his successor is elected and qualified. The expense of any such special election shall be paid out of the general funds of the county. Vacancies, how filled. Sec. 23. Be it further enacted, That the commissioners elected under the provision of this Act shall each be commissioned by the Governor for the term of office for which he has been elected. And each shall before entering upon the duties of his office take and subscribe, in addition to the oath provided by law for all civil officers of the State the following oath, to-wit: Commissioned by Governor. I do solemnly swear that I will, well and truly discharge the duties of Commissioner of Roads and Revenues for Lamar County in all matters which require my official action to the best of my knowledge and skill. And I will so act as in my judgment, will be most conducive to the welfare and best interest of the entire county so help me God. Oath of office. Sec. 24. Be it further enacted, That this Act shall not become effective unless approved by a majority of the qualified voters of the County of Lamar at a special election which is hereby called in and for said county on September 13th, 1922, under the rules and regulations governing regular elections in said county. The voters favoring this bill shall have written or printed on their ballots For Commissioners and County Manager, and those opposed to the operation of this Act shall have printed on their ballots the words, Against the Commissioners and County Manager. If a majority of votes cast shall be in favor of commissioners and county manager then the term of this Act shall become effective at the time herein specified. Election to ratify this act. Ballots. Sec. 25. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved August 19, 1922.

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LAMAR BOARD OF EDUCATION, ELECTION TO CREATE. No. 398. An Act to create a Board of Education of Lamar County, to name members thereof, to provide a method of appointing and electing said members, to define the powers, duties and rights of said board, to fix the tax system of the county school system, to provide for the appointment of a county school superintendent, to abolish the present board of education and for 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 after this law shall go into effect, as herein provided, the present Board of Education of Lamar County shall be abolished and a new board shall be constituted, which shall be known as The Board of Education of Lamar County. Said new board shall consist of the present members of the Board of Education of Lamar County and five free-holders of the City of Barnesville, selected by the board of trustees of Gordon College, and this board, as thus constituted, is to be the Board of Education of Lamar County until the first Tuesday in January 1925, or until their successors are elected and qualified. New board of education created. Sec. 2. The County Board of Education as thus constituted shall have full authority to do and perform all acts or duties connected with the school system or management thereof, as are done or exercised by county board of education under the general laws of the State; and any vacancy occurring on said board caused by death, removal, resignation or otherwise, shall be filled by said board, and the person chosen to fill such vacancy shall hold only for the unexpired term of the member of said board whom he is elected to succeed. Authority. Vacancy. Sec. 3. From and after the first Tuesday in January, 1925, the Board of Education of Lamar County shall consist of ten members; one freeholder from each of the following militia districts of Lamar County, to-wit: (1) Milner, (2)

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Johnstonville, (3) Redbone, (4) Unionville, and (5) Piedmont, and that part of the Barnesville district which lies outside the city limits of the municipality of Barnesville, and five members chosen by the board of trustees of Gordon College from the free-holders residing within the city limits of Barnesville. Membership after 1924, from districts. Sec. 4. The members of said board from Milner, Johnstonville, Redborn, Unionville, and Piedmont and that part of the Barnesville district which is outside the city limits of the City of Barnesville shall each be elected by the qualified voters of their respective districts or territory from which they may be elected, for a term of four years in the General Election of 1924, and in each general election every four years thereafter, and the five membrs residing within the city limits of Barnesville shall be chosen by the board of trustees of Gordon College in November, 1924, and shall serve for four years, their successors being so chosen and selected each four years thereafter. The said board of education, so elected and appointed, shall assume office on the first Tuesday in January, 1925. Election of members. Sec. 5. Whenever a member of the board of education moves his residence from the militia district from which he was selected as a member, or moves from the city limits of Barnesville, after having been selected as a member from said city, the position held by such member changing his residence from the militia district of the city limits in which he resided, when selected as a member of said board, shall immediately become vacant, and the vacancy shall be disclosed by the board, which shall be filled as provided in section 2 hereof. Vacancy by removal of residence. Sec. 6. The members of the board of education shall be paid a per diem of not exceeding two dollars per day, or a fraction thereof, for each day's service, out of the school funds apportioned to the county. Pay per diem. Sec. 7. The board of education shall select one of their members as president who shall serve for the time for which he was chosen as a member of the board. President.

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Sec. 8. The county school superintendent shall be ex-officio secretary of the board. A majority of said board shall constitute a quorum for the transaction of business. It shall be the duty of said secretary to be present at all meetings and to record in a book provided for that purpose all official proceedings, which shall be a public record open to the official or any person interested therein, and all such proceedings, when so recorded, shall be signed by the president and countersigned by the secretary. Secretary. Sec. 9. It should be the duty of the county board of education to hold regular monthly meetings on the first Tuesday of each month at the court house of the county or other designated places, for the transaction of business pertaining to the schools of the county, with power to adjourn from time to time, and in case of the absence of the president or secretary of the board, they may select one of their number to serve temporarily. Meetings monthly. Sec. 10. The Board of Education of Lamar County as created by this Act shall have all the rights, powers and duties conferred on county boards of education by the Constitution of the State or by the Acts of the General Assembly as they apply to Boards of Education. Powers and duties. Sec. 11. The present county school superintendent shall serve for and during the term to which she has been elected, or until January 1st, 1925. On the first Tuesday of January, 1925, and every four years thereafter, the board of education of county shall elect as county school superintendent any citizen of Georgia having experience and qualifications for the position, and shall fix the salary for said officer each year, same payable monthly out of the funds of the board. Said superintendent may be removed by the board of education for cause at any time, and a successor appointed. The duties of the county school superintendent shall be those designated in the Acts of the General Assembly of the State, relating to county school superintendents. School superintendent. Sec. 12. The members of the county board of education shall be the trustees of their respective school districts, and

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as such it shall be their duty to submit through the county school superintendent to the board of education, annually, beginning in May, 1923, a budget of the estimated cost of operating the schools of their districts. It shall be the duty of the trustees of Gordon College, which is hereby designated as the Senior High School of Lamar County, to submit to the board of education, through the county school superintendent, a budget of the estimated cost of operating same. After considering the income of the board and the needs of the school, it shall be the duty of the board of education to recommend to the ordinary or board of county Commissioners, whichever levies the county tax Act not exceeding five mills, or as much thereof as may be necessary for the proper maintenance of the high school and other schools of the county. It shall be the duty of the officer who makes the tax levy of the county to include said levy as part of the tax levy of the county, and the tax collector shall collect and pay over same to the county school superintendent, as provided by the general laws of the State. Trustees. Annual budget. Tax levy. Sec. 13. The Senior High School and the Junior High Schools, now or hereafter established, and all of the public schools of Lamar County shall be free to all residents of the county between the ages of six and eighteen years, inclusive, who are the children or wards of actual residents of the county; provided that the trustees of Gordon College will be permitted to charge Laboratory, diploma and other fees, and require boys in the high school to furnish the uniforms adopted by the military department, and may charge tuition for pupils who pursue the couses of study above the regular four year high school curriculum. Free schools. Fees chargeable. Sec. 14. It is not intended to in any way abridge, or annul the management of Gordon College by the trustees thereof, nor in any way amend the Acts of the General Assembly as they apply to Gordon College. Gordon College. Sec. 15. Upon the passage of this bill by the General Assembly and its approval by the Governor, it shall become the law, to be effective on and after the first day of January, 1923. Effective Jan. 1, 1923.

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Sec. 16. The provisions of this Act shall not become the law, unless it is ratified by a majority of the voters, voting at an election to be held on the 13th day of September, 1922. Said election to be held under the same rules and regulations as all general elections are held. The ballot shall be prepared by the ordinary of Lamar County and shall have thereon the words For consolidation of schools Against consolidation of schools if a majority of the voters voting at said election shall be For consolidation of schools this law shall be effective and full force according to its terms, but should the majority of the voters voting at said election should be Against consolidation of schools this law to be of no force and effect. The ordinary of Lamar County shall consolidate the returns and declare the results. Election to ratify this Act. Sec. 17. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 19, 1922. LEE COMMISSIONERS; ACT AMENDED. No. 483. An Act to amend an Act entitled: An Act to create a board of commissioners of roads and revenues, and public buildings, and public property, and finances for the county of Lee; to provide that said board shall consist of three members to be elected by the grand jury of said county; to prescribe their terms of office, to prescribe their duties, rights, and powers, to fix their compensation; and for other purposes, approved August 6th, 1921; so as to provide that said board shall consist of five members, to be elected by the people of the county; to prescribe the districts of the members of said board; to provide for a quorum of said board; to provide for the removal of members of said board; 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 an Act of the General Assembly of the State of Georgia, approved August 6, 1921, creating a board of commissioners of roads and revenues, and public buildings, and public property, and finances for the county of Lee, and for other purposes, pages 517, 518, 519, 520 and 521 of the Acts of the General Assembly of the State of Georgia of 1921, be, and the same is hereby amended by the repeal of section 1 of said Act, and the insertion, in lieu and instead thereof, another section, to be known as section 1, and which shall read as follows: Act of 1921 amended. That at the general election in 1922, for the election of members of the General Assembly and officers of the State, there shall be elected, by the voters of Lee County qualified to vote in said election, five (5) commissioners of roads and revenues for said county, for a term of two years, beginning their terms of office January 1st, 1923, following their election: Sec. 1 to be read. That each one of the five militia districts in Lee County is hereby created a road district of Lee County, also, as follows: Road districts. The 715th Militia District shall be known as the 1st Road District; the 938th Militia District shall be known as the 2nd Road District; the 975th Militia District shall be known as the 3rd Road District; and the 976th Militia District shall be known as the 4th Road District; and the 1238th Militia District shall be known as the 5th Road District, and one commissioner shall be elected, by the voters of the entire county, from each one of the said road districts, and that not more than one commissioner shall serve from the same road district at any one time; that the successors to the five commissioners to be elected in 1922 shall be elected in the same manner for terms of two years; provided that nothing in this Act shall affect, in any way, the terms of office of any commissioner of said county, now or heretofore in office, except that the

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terms of the commissioners now in office shall expire on January 1st, 1923, or when their successors herein provided for shall be elected and qualified, and the election, service and Acts of the board of commissioners now in office, and of their predecessors in office, are hereby ratified and confirmed. Election of successors. That the ballot to be used in the general election in Lee County, in 1922, shall have a blank line thereon, preceded by the words: For chairman, county commissioners, and the voters voting may write on their ballot the name of the candidate for county commissioner in said election whom they desire to be chairman of said board of roads and revenues; and the candidate for county commissioner who is elected commissioner, in said election, and who, also, receives the largest number of votes for chairman, in said election, shall be chairman of the board of roads and revenues, as herein provided. That said chairman shall devote his entire time, attention and service to Lee County and its affairs, as the agent of said board of roads and revenues, and shall act as the purchasing agent of said board of roads and revenues, and shall be paid a salary at the rate of eighteen hundred ($1,800.00) dollars per year; provided, that said chairman shall at all times be under the jurisdiction of, and be amenable to, the said board of roads and revenues. That the other four members of said board of roads and revenues shall each be paid a salary of sixty dollars per annum; and a clerk shall be elected who shall be paid at the rate of three hundred dollars per year as his salary. Ballots for election. Chairman. Salaries. That said board of commissioners shall make all purchases for the county by fair and reasonable competitive bids, so far as may be possible and for the best interest of the county, and shall not make purchases from members of the Board nor their families, except when necessary; and a full and completely detailed statement of all of the expenditures of the county, and all of the acts and doings of the said board of commissioners, shall be published in the newspaper of the county which is its official organ, at least once every three months. Purchases on bids.

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Sec. 2. Be it further enacted by the authority aforesaid, That said be, and the same is hereby amended, by repealing section 3 of said Act, and inserting, in lieu and instead thereof, another section, to be known as section 3 of said Act, which shall read as follows: Be it further enacted by the authority aforesaid, That three members of said board shall constitute a quorum for the transaction of business, and that any vacancy on said board shall be filled by appointment of the Judge of the Superior Court of the circuit in which Lee County is now, or may hereafter be, located. New Sec. 3. Quorum, and vacancy. Sec. 3. Be it further enacted by the authority aforesaid, That said Act be, and the same is hereby amended, by striking from section 4 of said Act, the following words: and thereupon said grand jury shall elect a successor by a majority vote of said grand jury, so that said section 4 of said Act, when so amended, shall read as follows: Sec. 4 to be read. Be it further enacted, That any succeeding grand jury may, by a two-thirds vote thereof, for malpractice or failure to discharge the duties of the office or any other just cause shown, discharge any member of said board and declare a vacancy in said board as to such derelict member. Vacancy on failure in duty. 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, 1922. LOWNDES COMMISSIONERS; ACT AMENDED. No. 414. An Act to amend an Act entitled An Act to establish a Board of Commissioners of Roads and Revenues for the County of Habersham (and Lowndes); to define their duties and for other purposes, approved December 11,

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1871 as found in the Acts of 1871 and 1872, page 227, in so far as the said Act relates to Lowndes County, by providing for the appointment and method of appointment of said commissioners; to fix their compensation; to provide for the appointment of a competent superintendent of construction; to fix his duties and compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act entitled An Act to establish a Board of Commissioners of Roads and Revenues for the County of Habersham (and Lowndes); to define their duties and for other purposes therein named, approved December 11, 1871 and found in the Acts of 1871 and 1872, page 227, in so far as the said Act relates to Lowndes County, be and the same is hereby amended by adding thereto the following: That the position of superintendent of construction is hereby created for the County of Lowndes. And it shall be the duty of the Commissioners of Roads and Revenues for said Lowndes County at their first regular meeting in February, or at a called meeting in said month, in each and every year after the passage of this Act beginning in the year 1923 to appoint some competent person to fill and discharge the duties of said position for the next ensuing year, and until his successor may be appointed. Said superintendent of construction shall receive a salary, to be fixed by said commissioners of roads and revenues, of not more than thirty-six hundred dollars, payable monthly. Provided, however, that in the event of a vacancy the chairman of said board of commissioners shall perform the duties of said position until said vacancy can be filled. Act of 1871 amended. Superintendent of construction. Salary. Vacancy. Sec. 2. Be it enacted by authority aforesaid, That the person so appointed shall possess the following qualifications: he shall be a graduate of some reputable school of engineering; he shall have had not less than three years of practical experience in road and bridge construction, and

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not less than two years practical experience in road and bridge maintenance; he shall be otherwise competent and suitable to discharge and administer the duties of said position. Qualifications. Sec. 3. Be it enacted by said authority, That the duties of said superintendent of construction shall be as follows: he shall have charge of and direct all road and bridge construction and repair; he shall make plans and specifications and stake out all road and bridge work; he shall see that all materials are suitable and used in the right proportion; he shall be purchasing agent for all road and bridge materials; he shall attend meetings of said Commissioners with the right to take part in the discussions on matters affecting his work and duties; he shall recommend to said Commissioners for adoption such measures as he may deem necessary or expedient in the interest of the county's road and bridge work; he shall discharge such other duties as may be required of him by said Commissioners, except he shall not act as warden of convicts. All of his said acts shall be under the direction and supervision of said Commissioners of Roads and Revenues of said county. Duties. Sec. 4. Be it further enacted by said authority, That said superintendent of construction shall be removable by said Commissioners of Roads and Revenues, but if removed at any time after six months he may demand written charges and a public hearing upon the same before the said Commissioners, and his final removal shall not take effect until such hearing has been had, but said Commissioners may suspend him from office pending such hearing. Removal after hearing. Sec. 5. Be it further enacted by said authority, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 15, 1922.

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MORGAN COMMISSIONERS; ELECTION AND TERMS OF OFFICE. No. 417. An Act to amend an Act entitled An Act to create a Board of Commissioners for the County of Morgan, approved February 11, 1874, as amended by an Act approved September 1, 1891, and as amended by an Act approved November 25, 1899, so as to provide for the election of said Commissioners by the grand jury at the fall term, 1922, of Morgan Superior Court; to prescribe their terms of office, when their successors shall be elected, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That on and after the passage of this Act, section 1 of an Act entitled An Act to create a Board of Commissioners for the County of Morgan, approved February 11, 1874, as amended by an Act approved September 1, 1891, and as amended by an Act approved November 25, 1899, and by other Acts amendatory thereof, be stricken and that there be substituted in lieu thereof the following: Section 1. Be it enacted, That there shall be established in the County of Morgan a Board of five Commissioners who shall be elected as follows: the grand jury, at the fall term, 1922, of Morgan Superior Court, shall elect three Commissioners whose terms shall be for a period of four years beginning on January 1, 1923, and at the fall term of Morgan Superior Court each fourth year from and after said fall term, 1922, the said grand jury shall elect their successors; the grand jury, at the fall term, 1924, of Morgan Superior Court shall elect two Commissioners whose terms shall be for a period of four years beginning on January 1, 1925, and at the fall term of Morgan Superior Court each fourth year from and after said fall term, 1924, the said grand jury shall elect their successors. The said elections shall be approved by the judge of the Superior Court of said county

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and each Commissioner shall hold office until his successor has been elected and has qualified. Act of 1874 amended. New Sec. 1. Board of five elected by grand jury. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 15, 1922. MUSCOGEE LEGAL SALES. No. 441. An Act to repeal certain Acts of the General Assembly of Georgia entitled as follows: An Act to change the place of holding legal sales in the County of Muscogee, assented to 13th December, 1866. Also, An Act to alter and amend an Act to change the place of holding legal sales in the County of Muscogee, approved October 10th, 1868. Also, An Act to change the place of holding legal sales in the County of Muscogee, so as to make the bell-tower a place for holding such sales, and for other purposes, approved September 19, 1883, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, that the following Acts passed by the General Assembly of Georgia, be and the same are hereby repealed, to-wit: Acts of 1866, 1868, and 1883 repealed. An Act to change the place of holding legal sales in the County of Muscogee, assented to 13th December, 1866. Also, An Act to alter and amend an Act to change the place of holding legal sales in the County of Muscogee, approved October 10th, 1868. Also, An Act to change the place of holding legal sales in the County of Muscogee, so as to make the bell-tower a place for holding such sales, and for other purposes, approved September 19, 1883.

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Sec. 2. 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 15, 1922. PAULDING COUNTY; DUTIES OF ORDINARY. No. 357. An Act to amend an Act entitled 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 1st, 1921; to require said Ordinary to employ a competent road superintendent, fix his compensation, to prescribe his qualification 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 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, by striking the entire sections 4, 5, and 6 of said Act, and providing for the duties and powers of the Ordinary of said county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled an Act to repeal an Act entitled An Act to create the Board 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 21, 1921; to require said Ordinary to employ a competent road superintendent,

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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 said grand jury sitting at the regular February and August terms of Paulding Superior Court; to provide that said Act shall become operative and go into effect on January 1st, 1921, and for other purposes, said Act being approved August 10, 1920, and found in the Acts of 1920, on page 595, be and the same is hereby amended by striking from said Act the entire sections 4, 5 and 6. Act of 1920 amended. Secs. 4, 5, and 6 stricken. Sec. 2. Be it further enacted, That said Act be amended by adding section 4 to same as follows: That from and after the passage of this Act the duties and powers of the Ordinary of Paulding County shall be the same as prescribed by the general laws of this State and as he exercised before the passage of the following Act: An Act to create a Board 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. New Sec 4. Duties and powers of ordinary. Sec. 3. Be it further enacted, That from and after the passage of this Act that the remaining sections of the Act of 1920, approved August 10th, 1920, be numbered five and six in lieu of seven and eight. Secs. 7 and 8 numbered 5 and 6. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 8, 1922. PULASKI COMMISSIONERS; ACT AMENDED. No. 415. An Act to amend an Act to create the office of Commissioner of Roads and Revenues in and for the County of Pulaski,

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State of Georgia; to provide the method of the election of such officer; prescribe his duties and powers; fix his salary and term of office; provide for the management of the affairs of said county, and for other purposes, approved August 18, 1919. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section one of the above entitled Act be and the same is hereby amended by adding at the end of said section the following: If the Commissioner shall fail to perform faithfully the duties of his office under this Act, whether from willful neglect, from misconduct or misfeasance in office, or from any mental or physical disability, or for any other cause that unfits him for public office, he may be recalled and his successor elected in the following manner: Upon the presentation to the Ordinary of said county of a written petition signed by one-third of the qualified voters of said county, as shown by the last registration list duly certified by the registrars of said county, such petition setting forth the reasons and grievances of said petitioners and asking the recall of said Commissioner, the Ordinary shall order an election for the office to be held in said county not earlier than twenty days nor later than sixty days from the date of the presentation of such petition, said election to be governed in all respects by the laws, rules and regulations governing the election of county officers. If the Commissioner in office shall obtain a plurality of the votes cast at such election, he shall be sustained and continue in office. If said Commissioner does not receive such plurality of votes, then the candidate receiving such plurality shall be by the proper authority declared elected to that office, and shall immediately qualify and enter upon the discharge of the duties of said office. Act of 1919, Sec. 1, amended. Recall of commissioner. Election of successor. Sec. 2. Be it further enacted by the authority aforesaid, That section six of said Act be and the same is hereby amended by adding at the end of said section the following: That said Commissioner shall have power and authority to

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employ competent counsel to act as county attorney at an annual salary not to exceed the sum of one hundred and fifty ($150.00) dollars, said sum to be paid monthly out of the treasury of said county. Sec. 6 amended. County attorney. Salary. Sec. 3. Be it further enacted by the authority aforesaid, That section seven of said Act be and the same is hereby repealed. Sec. 7 repealed. 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 15, 1922. PULASKI TREASURER'S SALARY. No. 403. An Act to amend an Act fixing the salary of the treasurer of Pulaski County, Georgia, approved August 10, 1920. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section one of the above described Act be amended by adding at the end of said section the following: Act of 1920 amended. The premiums on the bond given by such treasurer shall be paid out of the treasury of said county. Premium of Treasurer's bond. 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 15, 1922. SCHLEY TREASURER'S SALARY. No. 339. An Act to provide for a salary for the Treasurer of the County of Schley, 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 the Treasurer of Schley County, Georgia, from and after January 1st, 1925, shall be paid as full compensation for all services as treasurer the sum of three hundred ($300.00) dollars per annum, the same to be paid in equal monthly installments by vouchers approved by the Board of Commissioners of Roads and Revenues. Salary of treasurer 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. Sec. 3. Be it further enacted by the authority aforesaid, That said treasurer shall take a bond in a Security or Bonding Company and the premiums on such bond shall be paid by the Board of Commissioners of Roads and Revenues out of the funds of said county. Bond and premium. 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 5, 1922. TALIAFERRO COMMISSIONERS; ACT AMENDED. No. 478. An Act to amend An Act to create a Board of Commissioners of Roads, public buildings and public property, and finances for the counties of Warren and Taliaferro, and for other purposes approved February 12, 1877, by providing that the term of office of the said commissioners for Taliaferro County shall be two years instead of four years, and that the term of office of the present Board of Commissioners of Taliaferro County shall expire on December 31, 1922 and that the number of said commissioners for Taliaferro County on and after January

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1, 1923 shall be three persons instead of five persons, and that the chairman of said Board of Commissioners for Ttliaferro County shall draw a salary of six hundred dollars annually, and for 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 two of the Act approved February 12, 1877, providing for a Board of County Commissioners for Taliaferro County (Georgia laws 1877, pages 269, 270) be and the same is hereby amended so as to provide that the term of office of the said County Commissioners for Taliaferro County shall be two years instead of four years, and that the term of office of the present Board of County Commissioners of Taliaferro County shall expire on December 31, 1922, and said term of office of said county commissioners for said county is hereby named two years, and all elections for said commissioners shall be on the same day on which is held election for Governor of Georgia and under the same rules and regulations. Act of 1877, Sec. 2, amended. Terms of office. Sec. 2. Be it further enacted by the authority aforesaid, That section 1 of said Act approved February 12, 1877, be, and the same is hereby amended so as to provide that the number of said County Commissioners for Taliaferro County on and after January 1, 1923, shall be three persons instead of five persons, which three Commissioners shall be elected in 1922 on the same day on which a Governor of Georgia shall be elected, and the chairman of said Board of said county commissioners for Taliaferro County shall be elected by said members of said board of county commissioners, and said chairman shall be paid a monthly salary of fifty dollars per month. It shall be the duty of said chairman to inspect the roads of said county, to direct their repair and their building, to act as purchasing agent, to keep records of all accounts made in the name of the county, and all expenditures which record shall at all times be open to public inspection, and shall

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give sufficient of his time to attend to all county business as if it were his own. Sce. 1 amended. Board reduced to three members. Election. Chairman Salary. Duties. 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, 1922. TATTNALL COMMISSIONERS; ACTS AMENDED. No. 459. An Act to amend an Act approved July 31, 1915, known as Tattnall Road Law Adopted, by adding to section 1 of said Act in line twelve thereof between the words county and and the following words: and if the county warden is the road superintendent, the county commissioners may appoint one assistant superintendent of public roads, the same to be satisfactory to the county warden, and fix the salary of said assistant superintendent; to amend the Act approved August 15, 1916, which was an Act amending the Tattnall County Road Law approved July 31, 1915, by striking from line 7 of section 3 of said Act the word entire, and by striking from line 8 of said section 3 the word five, and inserting in lieu thereof the word ten; to amend the Act approved August 15, 1916, which was an Act amending the Tattnall County Road Law approved July 31, 1915, by adding at the end of section 3 of the Act approved August 15, 1916, the following sentence: The county commissioners of said county is hereby authorized to pay the road commutation tax collectors their ten per cent commission on the commutation road tax collected by work if the ends of justice demand the same; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the

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commissioners of roads and revenues of said County of Tattnall, shall have the sole right, power and authority to lay out, open, change, or discontinue public roads, and the sole management of the working of said roads, and the erecting and caring for all public bridges in said county; and they shall have the right and authority to appoint a superintendent of the public roads, and said superintendent of public roads may be the warden in charge of the convicts of said county; and if the county warden is the road superintendent, the county commissioners may appoint an assistant road superintendent, the same to be satisfactory to the county warden, and to fix the salary of the said assistant road superintendent; and they may appoint some competent person in each militia district to collect the commutation tax in said district. Acts of 1915 and 1916 to be amended. Powers over public roads. Superintendent. Sec. 2. Be it enacted by the authority aforesaid, That section 3 of the Act of 1916, to be found on pages 502 and 503 of said Act, shall read as follows: Said commutation road tax shall be collected all at one time during each year, and that the county commissioners shall designate one of the Justices of the Peace or one of the constables in each militia district to collect said commutation tax, or some suitable and qualified person for collecting the same, the said collector shall receive for his services in collecting said money ten per cent on the dollar of all money collected, and if he have to work any road hands, who work instead of pay, he shall receive one dollar a day for the actual days he is working them; and said tax collector shall post a written notice at the court ground of his militia district and at five other public places in said district at least ten days before he begins to collect said tax, giving the people notice of the day when he will begin to summons them to pay or to work; and he shall give every male citizen subject to road duty a written summons that will tell him when and where he is to meet to pay or to work, and he shall have said summons at least five days before the day he is called upon to work or to pay, and all parties subject to road duty shall be summoned to work on a public road

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in said militia district; but the collector shall not be permitted to summons said road tax payers to any one place in a less number than fifteen, and the said six notices to be posted in the district shall be dated and posted on the first or second day of the month in which the taxes are to be paid; and the said road tax collector shall complete his work within one month and turn over all money thus collected to the county commissioners on the 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 month of October, during the year any party moves into any district and remains as a citizen for a period of ten days, he shall be subject to pay said tax, and the road tax collector may summons him at anytime to pay said road tax. The county commissioners of said county is herebv authorized authorized to pay the road commutation tax collectors their ten per cent commission on the commutation road tax collectors by work if the ends of justice demand the same. Act of 1916, Sec. 3. amended. Commutation road tax. 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 15, 1922. TATTNALL COMMISSIONERS, COMPENSATION OF No. 455. An Act to amend an Act approved July 31, 1915, known as Tattnall Board of Commissioners created, as amended by the Act of 1917, approved August 17, 1917, so as to amend section 15, of said Act by striking therefrom the words, not to exceed the sum of fifty dollars, and inserting in lieu thereof the words, of seventy-five dollars, so the said section, when so amended, shall read as follows: Section 15. 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 the members of the board of commissioners herein created shall receive as their compensation four dollars a day for each day of actual service; provided, that no commissioner shall be paid for more than sixty days service during any one year, and that he shall spend as much as one day in each month in each militia district looking after the roads and bridges of said district. Act of 1915 to be amended. Pay per diem of board members. The said commissioners shall elect a clerk of said board, whose duty it shall be to keep a record of the actings and doings of the board at the court-house in said county, said records to be open to insection to any citizen of said county at all times, if the same does not conflict with the meetings of the board and he shall perform such other duties as may be assigned to him by the said board, and he shall keep all the books and records of his office in a neat, first-class and business-like condition at all times. He shall receive compensation for all his duties as such clerk in an amount of seventy-five dollars a month, and this shall include his salary and all expenses connected with his duties, and it shall be the duty of said clerk of said county commissioners to purchase for all county officers of said county such furniture, fixtures and supplies as they may need, and the necessity for the same to be determined by the respective county officers. Said clerk shall not be a member of the said board of commissioners. Clerk's pay. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922. TAYLOR TREASURER'S OFFICE; ACT OF 1919 REPEALED. No. 362. An Act to repeal an Act, beginning on page 747, Georgia Laws 1919, entitled an Act to abolish the office of County Treasurer of Taylor County, Georgia, and to provide in

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what manner the funds of said county shall be deposited and disbursed, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Act No. 344, on page 747, Georgia Laws 1919, entitled an Act to abolish the office of County treasurer of Taylor County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, and for other purposes, 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 the same are hereby repealed. Approved August 8, 1922. TAYLOR TREASURER'S OFFICE ESTABLISHED. No. 364. An Act to create the office of County Treasurer of Taylor County, Georgia; to provide for his election to provide a salary for such Treasurer; to provide that the question of a Treasurer or no Treasurer for Taylor County be submitted to a vote of the people; to provide for such election, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the office of County Treasurer is created and established in Taylor County, Georgia, under the general law governing County Treasurer, except as hereinafter provided. Treasurer's office created. Sec. 2. Be it further enacted by the authority aforesaid, That such Treasurer shall be elected at the regular election in November, 1922, the election returns to be made as provided by law for other county officers, and he shall hold

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office until January 1st, 1922 or until his successor is elected and qualified. That at the general election in 1924 for county officers, such Treasurer shall be elected for a term of four years as other County officers. Election. Term of office. Sec. 3. Be it further enacted by the authority aforesaid, That such Treasurer shall not receive the commission for his services as provided under the general law, but shall receive the sum of Six Hundred ($600.00) Dollars per annum as pay for his services, to be paid monthly. Salary. Sec. 4. Be it further enacted by the authority aforesaid, That an election be held on the 13th day of September, 1922, at all the voting precincts in Taylor County, at which election the question shall be submitted to the qualified voters of Taylor County, for County Treasurer or Against County Treasurer. The votes cast at such election shall be consolidated on the day following the election, as provided for general elections, there returns to be made to the Ordinary of Taylor County, who shall declare the result of said election within two days after the holding of the same. If a majority of the votes cast at such election should be For County Treasurer, then this Act shall become of full force and effect. If a majority of votes cast at such election should be Against County Treasurer, then this Act shall not become effective in Taylor County. Election to ratify this act. Sec. 5. Be it further enacted by the authority aforesaid, That the clerk of the Superior Court of Taylor County shall have published in the Butler Herald, a newspaper in which the sheriff's advertisements are published, a notice that such election will be held, shall be published once a week from the date of the passage of this Act until the election. Notice of election. Sec. 6. Be it further enacted, That the expense of such election, advertisement, (at the usual rate for such advertisement) printing, or writing of tickets, holding the election and such other expense as may be incurred in the holding of such election be paid out of the county funds. Expenses payable.

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Sec. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 8, 1922. WALKER COMMISSIONERS AND ROAD DISTRICTS. No. 348. An Act to amend an Act to abolish the Board of Roads and Revenues of the County of Walker, State of Georgia; to create a Board of Commissioners of Roads and Revenues in and for the County of Walker, State of Georgia, to consist of five members, naming the members of said Board of Commissioners; to provide for the election of their successors; prescribe their qualifications and term of office; to fill vacancies; to create five road districts in said County of Walker, one member of said road district to be elected from each of said road districts; to permit said Board to elect a superintendent of roads, bridges, public construction, etc.; to create and fill such other offices as may be required; to define their duties, fix compensation and provide for the election, appointment, and removal of employees as said Board may deem proper; to repeal all conflicting laws by amending and altering section 3 of said Act by striking therefrom the following: Each of said Road Districts shall elect one member residing in the jurisdiction of said district as their representative on said Board, and by substituting in lieu thereof, the following: The members of said Board shall be elected, one from each of the five road districts, all of whom shall be elected by the popular vote of the entire county; and by striking the work Remington as same appears in said section 3 of said Act, and inserting in lieu thereof the word Kensington, and by adding thereto the word Dougherty after the word Lisbon, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 3 of an act approved August 17, 1917, known as an Act to abolish the existing board of roads and revenues and to create a Board of Commissioners for Walker County be and the same is hereby amended by striking therefrom the following words, Each of said road districts shall elect one member residing in the jurisdiction of said district, as their representative on said board, and by substituting in lieu thereof the following words, The members of said board shall be elected, one from each of the five road districts, all of whom shall be elected by the popular vote of the entire county, and by striking therefrom the word Remington and inserting in lieu thereof the word Kensington, and by adding thereto the word Dougherty after the word Lisbon, so that section 3 of said Act when amended shall read as follows: Section 3. Be it further enacted by the authority aforesaid, That said County of Walker shall be divided into five road districts, to be designated as one, two, three, four, five, and the members of said Board shall be elected one from each of the five road districts, all of whom shall be elected by the popular vote of the entire county. Act of 1917 amended. Sec. 3 to be read. Members from road districts to be elected. District Number One (1) shall embrace that territory included by the following Militia districts: LaFayette, Wilson, and Cane Creek. Districts de fined. District Number Two (2): East Armuchee, West Armuchee, and Chestnut Flat. District Number Three (3): Cedar Grove, Kensington, Lisbon and Dougherty. District Number Four (4): Pond Springs, Chicamauga, and Rock Springs. District Number Five (5): Dry Valley, Chattanooga Valley, and Mountain. Sec. 2. Be it further enacted by the authority aforesaid, That the provisions in this Act referring to the election of

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the members of said Board shall, in no way, interfere with the terms of office of the present members of said Board, but shall become effective in the election of the members of the succeeding board. Terms of present members not affected. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 8, 1922. WALKER COMMISSIONERS; ELECTION OF. No. 446. An Act to amend An Act to abolish the board of roads and revenues of the County of Walker, State of Georgia; to create a Board of Commissioners of Roads and Revenues in and for the County of Walker, State of Georgia, to consist of five members, naming the members of said Board of Commissioners; to provide for the election of their successors, prescribe their qualifications and term of office; to fill vacancies; to create five road districts in said County of Walker, one member of said road district to be elected from each of said road districts; to permit said Board to elect a superintendent of roads, bridges, public construction, etc.; to create and fill such other offices as may be required; to define their duties, fix compensation and provide for the election, appointment, and removal of employees as said board may deem proper; to repeal all conflicting laws, by amending and altering section 3 of said Act by striking therefrom the following, each of said road districts shall elect one member residing in the jurisdiction of said district as their representative on said board, and by substituting in lieu thereof, the following, the members of said board shall be elected, one from each of the five road districts, all of whom shall be elected by the popular vote of the entire county, and by striking the word Remington as

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same appears in said section 3 of said act, and inserting in lieu thereof the word Kensington and by adding thereto the word Dougherty after the word Lisbon, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 3, of an Act approved August 17, 1917, known as an Act to abolish the existing boards of roads and revenues and to create a Board of Commissioners for Walker County, be and the same is hereby amended by striking therefrom the following words, Each of said road districts shall elect one member residing in the jurisdiction of said district, as their representative on said board, and by substituting in lieu thereof the following words, The members of said boards shall be elected, one from each of the five road districts, all of whom shall be elected by the popular vote of the entire county, and by striking therefrom the word Remington and inserting in lieu thereof, the word Kensington and by adding thereto the word Dougherty after the word Lisbon, so that section 3 of said Act when amended shall read as follows: Section 3. Be it further enacted by the authority aforesaid, That said County of Walker shall be divided into five road districts, to be designated as one, two, three, four, five, and the members of said board shall be elected, one from each of the five road districts, all of whom shall be elected by the popular vote of the entire county. District Number One (1) shall embrace that territory included by the following militia districts: LaFayette, Wilson, and Cane Creek. District Number Two (2): East Armuchee, West Armuchee, and Chestnut Flat. District Number Three (3): Cedar Grove, Kensington, Lisbon and Dougherty. District Number Four (4): Pond Springs, Chickamauga, and Rock Springs. District Number Five (5): Dry Valley, Chattanooga Valley, and Mountain. Act of 1917 amended. Sec 3 to be read. Election of members from road districts. Districts defined. Sec. 2. Be it further enacted by the authority aforesaid, That the provision in this Act referring to the election of the members of said Board shall, in no way, interfere with

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the terms of office of the present members of said board, but shall become effective in the election of the members of the succeeding board. Terms of present members not affected. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922. WARE BOND COMMISSION; SUCCESSORS. No. 343. An Act to amend an Act approved August 4, 1919, entitled An Act to create a Bond Commission for Ware County, Georgia; to define its duties and for other purposes, as amended by an Act approved July 7, 1921, by providing the term during which members of said Bond Commission shall hold office, and the method of electing members thereof, and by changing the date of the expiration of the terms of Bond Commissioners now in office. Section 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 4, 1919 and amended July 7, 1921, creating a Bond Commission for Ware County, Georgia, be amended by striking from section 2 of the act as amended, line 8 after the word elected, the words in the same manner that county officers are elected, and by striking in line 18 of said section 2 after the word Waycross, the words the terms of all members now in office shall extend until June 30, 1923, or as soon thereafter as their successors are elected and qualified. Acts of 1919 and 1921 amended. Sec. 2. The term of the eight elective members of said Bond Commission now in office shall expire on Nov. 15, 1922. Terms of office to expire.

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Sec. 3. Be it further enacted by the authority aforesaid, That the eight elective members of said Ware County Bond Commission to succeed the present elective members of the Commission shall be elected at the general election to be held in Ware County for state house officers in the year 1922. Election of members of bond commission. 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 5, 1922. WILCOX BOARD OF COMMISSIONERS ABOLISHED. No. 413. An Act to repeal an Act to create a Board of Commissioners of Roads and Revenues in the County of Wilcox, to define the powers and duties thereof, and for other purposes, approved February 22, 1872, and to repeal the Act amendatory thereof approved December 28, 1886, and also the Act amendatory thereof approved December 16, 1895, also the Act amendatory thereof approved August 14, 1917, and also the Act amendatory thereof approved August 18, 1919, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Wilcox, to define the powers and duties thereof, and for other purposes, approved February 22, 1872, and also an Act amendatory thereof entitled an Act to amend an Act of February 22, 1872, approved December 28, 1886, also an Act to amend an Act approved February 22, 1872, entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Wilcox and for other purposes, and all Acts amendatory thereof approved December 16,

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1895, and also an Act amendatory thereof entitled an Act to amend an Act entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues in the County of Wilcox, by providing that the Clerk therein provided for said Board of Commissioners shall be elected by the people of said County, and for other purposes, approved August 14, 1917, and also an Act amendatory thereof entitled an Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Wilcox to define the duties and powers thereof and for all other purposes, approved February 22, 1872, and Acts amendatory thereof, so as to provide for the compensation of such Commissioners and for other purposes, approved Aug. 18, 1919, be and the same are all hereby repealed, including said original Act and all Acts amendatory thereof hereinbefore set out. Act of 1872, 1886, 1895, and 1919 repealed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved August 15, 1922. WILCOX BOARD OF COMMISSIONERS CREATED. No. 466. An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, consisting of five members; to define their qualifications, powers and duties and to provide for their compensation; to prescribe their terms of office, the manner of their election and the manner in which vacancies shall be filled; to provide for the division of the County of Wilcox into five road districts and that one member shall be elected from each district by the voters of said district; to prescribe the manner in which the public roads in said County shall be graded and worked; to provide for a superintendent of roads and bridges of said county; to define his qualifications,

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powers and duties and provide for his compensation; to provide for competitive bids in the purchase of supplies for said county, in making contracts for work, and to provide a penalty for failure to comply therewith; to provide for a clerk for said Board, prescribe his powers and duties and provide for his compensation; to provide when this Act shall become effective, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That a Board of Commissioners of Roads and Revenues in and for the County of Wilcox be and the same is hereby created, consisting of five members who shall be freeholders and qualified voters of said County and men of good practical business experience, each of whom shall reside in the road district from which he shall be elected as hereinafter provided. Board of five created. Eligibility. Sec. 2. Be it further enacted, That the County of Wilcox shall be divided into five road districts, composed of the following militia districts of said County, to-wit: District Number One to be composed of the Ryals Mill and Abbeville militia districts; District Number Two to be composed of Forest Glen and Sibbie militia districts; District Number Three to be composed of Owensboro, Rochelle and Davis Mill militia districts; District Number Four to be composed of Double Run, Pitts and Seville militia districts; and District Number Five to be composed of Maple Branch, Pineview and Pope City militia districts. That one of the five members of the Board of Commissioners of Roads and Revenues hereby created shall be a resident of each of said districts of said County and that each Commissioner shall be elected only by the qualified voters of the district of his residence, and that only one Commissioner shall be elected from each district, and that only one Commissioner shall reside in any one district, and if a Commissioner shall move out of his district, his office shall become vacant and shall be filled in the same manner as hereinafter provided for

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filling vacancies occuring on account of death or resignation. Road districts. Membership from residence in district. Elections. Vacancies. Sec. 3. Be it further enacted, That the successors of the members of the present Board of Commissioners of Roads and Revenues shall be elected at the general election for State House officers in November, 1922, although the terms of office of the present commissioners shall not expire until December 31, 1922; that the term of office of the five commissioners elected in November, 1922, shall not be of even length, but they shall draw for their terms, to-wit: Two for a term of two years, and three for a term of four years, all to begin on the first day of January, 1923, and they shall be commissioned for the terms thus drawn by them, respectively, and until their successors are elected and qualified; that at the general election held biennially next preceding the expiration of office of the Commissioner residing in any road district, a successor shall be elected by the qualified voters of such district and the person so elected must be a resident of such road district, as aforesaid, and who shall be elected and commissioned for a term of four years, and until his successor is elected and qualified. Election and terms of office of successors. Sec. 4. Be it further enacted, That all vacancies in membership of said Board of Commissioners occurring in less than six months of the expiration of such term of office shall be filled by appointment of a duly qualified person resident of said district by the Ordinary of said County, and such appointee shall be commissioned and hold office until the expiration of the unexpired term and until his successor is elected and qualified; that all vacancies occuring in the membership of such board more than six months before the expiration of the term of office shall be filled by a special election in said road district, called by the Ordinary of said County in the same manner as in the case to fill vacancies in other county offices, and the person so elected shall be commissioned and hold office until the expiration of the unexpired term and until his successor is elected and qualified. The expenses of any such special election shall be paid out of the general funds of said County. Vacancies in membership, how filled.

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Sec. 5. Be it further enacted, That the returns of all the elections, both general and special, held under this Act, shall be made to the Ordinary of said County of Wilcox at noon on the day following the election at the Court House of said County. Said Ordinary shall thereupon consolidate the returns of said election for the militia districts composing each of the five road districts, numbers one, two, three, four and five, 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 Wilcox, for each of said road districts, respectively, and shall certify the result of said election to the Governor of this State, giving the names of the person or persons so elected and stating the term for which each of said commissioners has been elected. Returns of elections. Sec. 6. Be it further enacted, That said Commissioners shall be each commissioned by the Governor for the term of office for which he shall be elected or appointed, as the case may be, and each shall before entering upon the duties of his office take and subscribe, in addition to the oath provided by law for all civil officers of this State, the following oath, to-wit: I do solemnly swear that I will well and truly discharge the duties of Commissioner of Roads and Revenues of Wilcox County, and in all matters which require my official action, to the best of my knowledge and skill, and I will so act as in my judgment will be most conducive to the welfare and best interests of the entire county, so help me God. Commissions by Governor. Oath of office. Sec. 7. Be it further enacted, That the Board of Commissioners of Roads and Revenues of Wilcox County hereby created shall have exclusive jurisdiction over and control of all county matters, such as public roads, bridges, the working of convicts, county finances, the levying and collection of taxes for county purposes, the management, control over and disbursing of county funds, the erection and maintenance of public buildings, the supervision over and control of and exclusive jurisdiction over and in all matters

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wherein jurisdiction is now vested in the Ordinaries of this State in counties where there exists no Board of Roads and Revenues. That said Board of Commissioners shall be vested with all the rights, powers and authority formerly vested in the inferior courts of this State when sitting for county purposes prior to the Constitution of 1868, and shall constitute a court for the trial of road defaulters and of any and all matters pertaining to county matters formerly vested in the inferior courts of this State, or now vested in the Ordinaries of this State in Counties where there exists no Board of Roads and Revenues, when sitting for county purposes as aforesaid, and shall have the right and power to summon parties or witnesses before them and shall have the power to punish for contempt by fine or imprisonment in the same manner as the Courts of Ordinary of this State; that the sheriff of said County, or his deputy, may be required to attend upon the meetings of said Board, and shall serve all writs, subpoenas, or other process of said court, and said sheriff shall receive for such service the same compensation as is required by law for like services in the Superior Court. Jurisdiction. Court powers. Sec. 8. Be it further enacted, That said Board of Commissioners shall hold their regular sessions on the first Monday of each month in the court house of said County, and may adjourn from day to day until their business is finished; and extra sessions may be held at any time on the call of the chairman or any two members of the Board when in the judgment of the Board the interests of the county demand it; and at the first meeting in January following the general election at which a new member or members shall have been elected, said Board shall organize by electing one of their number chairman. Said Board may make such rules and regulations as it may deem advisable for its own government and the government of its secretary and other employees not inconsistent with this Act or the laws of this State. Said Board shall keep correct minutes of its official acts and doings in a minute book kept for such purpose, a book of receipts and disbursements, a general ledger

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and a warrant book, such as are now kept in such office, a book containing a complete list of all the county property, real and personal, and shall make a record of all sales or other disposition of the same, also a road register in which shall be kept a record of all the public roads of said County, particularly describing said roads, and shall make a record of all new roads which shall be hereafter granted in accordance with the law. Said Board shall also keep on file all paid warrants and vouchers and other papers necessary to show a complete record of all the transactions of said County. Sessions of the board. Rules. Books to be kept. Vouchers and warrants. Sec. 9. Be it further enacted, That except in cases of emergency, where the expenditure does not exceed the sum of fifty dollars, no purchase of supplies or material nor contracts for work for said County shall be made by said Board until after due advertisements for bids therefor at either public outcry or by sealed bids, by keeping such advertisements on file at least one week on regular files provided therefor for the inspection of the public in the office of said Board and also in the office of the Ordinary of said County and by such other advertisement as said Board may deem advisable in any particular case. All sealed bids shall be addressed to the clerk of said Board and shall be kept by said clerk in the office of said Board until the time specified in said advertisements when they shall be opened in open court and the contract shall be let to the lowest bidder, quality and material being considered. In all public advertisements for lowest bids for supplies or contract work, said Commissioners shall reserve the right to reject any and all bids made when it should appear that the best interests of the County require such rejection. Purchases on bids. Sec. 10. Be it further enacted, That no members of said Board of Commissioners, or any one employed or elected by them, shall receive directly or indirectly, any commission, gift or any other thing of value in connection with the sale or purchase of any article sold to or bought from the County of Wilcox, or receive any rebate, expense account, transportation

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or other valuable consideration in connection with such purchase or sale, or in the awarding of any contract for said County, or in the employment of any one whose salary is to be paid from the funds of said County; and no member of said Board or any one elected or employed by them, or any firm of which he may be a member, or any corporation in which he may own stock or by which he may be related in the third degree of consanguinity or affinity, shall sell anything to said county, either directly or indirectly, unless such supplies or material to be furnished shall be let at public outcry or by sealed bids to the lowest bidder, after due advertisement as hereinbefore provided. Any violation of any of the above provisions of this Act shall be punished as for a misdemeanor under the Penal Code of the State of Georgia, and a person so convicted shall be dismissed from office. Unlawful interest in sales, etc. Penalty. Sec. 11. Be it further enacted, That said Board shall elect a clerk for said Board, for a term of one year, subject to removal for cause, at the pleasure of said Board, and fix his salary. Said clerk shall keep the books of said Board and make a record of all the acts and doings of said Board in a minute book kept for such purpose, and also all other records and accounts of said Board. Said clerk shall audit the books of the Tax Collector and Treasurer of said County quarterly and make a written report of same to said Board. Said Board may, if it deems advisable, employ said clerk to act as County Manager in addition to his duties as clerk and prescribe his duties as manager and require monthly reports to be submitted in writing to said Board, and perform such other acts and duties as may be required by said Board, not inconsistent with the provisions of this Act or the laws of this State. Said Board may if it deems advisable, require said clerk to give a bond in a good and solvent fidelity and bonding company in such sums as said Board may deem proper, which said bond shall be payable to the Chairman of said Board and his successors in office, and shall be duly recorded on the minutes of said Board. Clerk. Duties. Bond.

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Sec. 12. Be it further enacted, That said board of commissioners shall at their first meeting, or as soon thereafter as practicable, elect a superintendent of roads and bridges for said County of Wilcox (who shall also be the convict warden of said county), who shall have charge and supervision of the chain-gang of said county and of the construction and maintenance of all the roads and bridges of said county. He shall also be subject to removal by said board of commissioners for incompetency, inefficiency, neglect of duty or immorality. He shall be a practical road builder, skilled in the building of sand-clay roads and in doing any and all work necessary in the construction of bridges and in grading and repairing roads under conditions existing in said county. He shall prescribe the manner in which the convicts and road machinery shall be employed and how the work shall be done in building and grading roads, which he shall do in accordance with the general plans, specifications and requirements prescribed by said board. He shall devote his entire time to the duties of his office and shall not engage actively in any other business which will interfere with the duties of his office. Said superintendent shall not buy supplies or material but shall make requisition upon said board for all supplies and material needed for the maintenance of the chain-gang and for the road work of said county at least ten days before the regular monthly meeting of said board; provided, however, said superintendent may purchase vegetables and other perishable foods from farmers of said county as may be authorized by said board. He shall receive a salary fixed by said board of commissioners and before entering upon the performance of the duties of his office he shall execute and deliver to said board a good and solvent bond in the sum of $1,000.00, payable to the chairman of said board and his successors in office, which said bond shall be duly recorded upon the minutes of said board and filed in said office. Superintend-of roads and bridges. Qualifications and duties. Salary. Bond. Sec. 13. Be it further enacted, That said board shall in regular or special session with all the members of the board present make general plans, specifications and requirements

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prescribing the manner and style in which all the public roads of the county shall be constructed, which shall be uniform for all the roads of the county, and such plans, specifications and requirements shall not be modified or changed in any particular, except on the action of the whole board in like manner as the same were adopted. Said board shall furnish the superintendent of roads and bridges with a copy of such plans, specifications and requirements thus adopted by them. Plans for roads. Sec. 14. Be it further enacted, That all warrants drawn on said county shall be signed by the chairman of said board of commissioners and countersigned by one of the other commissioners before being paid by the treasurer or depository of said county, and all said warrants shall be duly numbered and shall show for what purpose and on what fund drawn. The said commissioners shall give a bond in the sum of $1,000.00 each in a good and solvent fidelity and guaranty company, payable to the ordinary of said county and his successors in office, conditioned for the faithful discharge of the duties of his office, which shall be duly filed and recorded in the office of said ordinary as the bonds of other county officers. The premium on said bond shall be paid out of the general funds of said county. Warrants on treasury. Bond of commissioners. Sec. 15. Be it further enacted, That the board of commissioners shall have the right and authority to employ a county attorney when necessary, his compensation to be fixed by the board and paid from county treasury. Attorney. Sec. 16. Be it further enacted, That members of said board of commissioners of roads and revenues shall each receive as their compensation, a salary of $5.00 per day for attending meetings of the board, but not to exceed $200.00 per annum, for any one commissioner, and they shall receive no other compensation of any kind whatsoever. Said salaries shall be paid from the county treasury monthly and warrants drawn on the treasurer or depository, as in the case of other claims against said county. Salaries of board members.

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Sec. 17. Be it further enacted, That said board shall publish quarterly reports within fifteen days from the expiration of each quarter, taking the calendar year as a basis, once in the official organ of said county and also in any other county paper if said board deems advisable, containing a full and complete statement of the finances of said county during the preceding quarter, and showing all receipts and from what source derived, and all disbursements and for what purposes paid out, and such reports shall not be mere ledger balances, but shall be made in such manner and form as to plainly show the revenues of the county as well as the cost of the county government in every branch. Reports quarterly. Sec. 18. Be it further enacted, That said board shall make a full and complete written statement of the financial condition of the county to the grand jury of the county at each term of the superior court of said county, a copy of which report shall be kept on file in the office of said board. Their office shall be subject to an examination by the grand jury, their committee, or any person whom they may specially empower to report to the same or a succeeding grand jury, who shall submit in writing the condition of such office and the books and files thereof, and specify any neglect of duty or anything done wrongly or corruptly by such board or any member thereof. Financial statement. Sec. 19. Be it further enacted, That a majority of members of said board shall constitute a quorum for the transaction of all business and that a majority of the board must concur in order to pass an order, or to let any contract or to grant or allow any claim against the county; and their acts on all such matters shall be duly entered on the minutes of said board. Quorum of board. Sec. 20. Be it further enacted, That no person shall be eligible to be a member of said board of commissioners unless such person shall have been a citizen of Wilcox County and of the particular Road District he seeks to represent for two years immediately preceding his election. No member

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of said board of commissioners shall be eligible to hold any other county office while a member of such board. Eligibility. Sec. 21. Be it further enacted, That should said board fail or any member thereof fail or refuse to comply with any of the terms of this Act with reference to the qualifications, giving of bond, and publishing the records of same, and its acts and doings, and the status of said county for as many as four months, that his or their office shall be declared vacant when twenty-five freeholders of said county present the facts to the judge of the superior court and he finds that said fact, or facts, are true. Vacancy in office may be declared. Sec. 22. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1922. WILKES ROAD BUILDER. No. 454. An Act to amend an Act entitled An Act to establish a Board of Commissioners of Roads and Revenues of Wilkes County; to provide the method for their election; to fix their terms of office and salaries; to define their duties and qualifications; to provide for the employ and pay of assistants; to provide for the management of county affairs, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act approved August 4th, 1917, entitled an Act to establish a Board of Commissioners of Roads and Revenues of Wilkes County, be and the same is hereby amended by adding to section six of said Act the following language, Provided that the chairman of said board shall be eligible to hold such position as road builder, in the event the board shall see fit to elect said chairman, and in which

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event the said board shall have authority to pay said chairman an additional salary to that provided in section four of said Act, for such services as road builder, and provided further that said board may at any time dispense with the duties of road builder as herein provided, by a majority vote of said board, at which election the chairman of said board shall not participate, so that when said section six is so amended the same shall read as follows, The said board shall employ a competent road builder at such salary as may be agreed upon by them, for the purpose of making road surveys, investigating, discovering, analyzing road building materials of Wilkes County, building bridges, establishing and re-establishing roads, and for whatever other assistance they may require or need from an expert road builder. Provided that the chairman of said board shall be eligible to hold such position as road builder, in the event the board shall see fit to elect said chairman, and in which event the said board shall have authority to pay said chairman an additional salary to that provided in section four of said Act, for such services as road builder, and provided further that said board may at any time dispense with the duties of road builder as herein provided, by a majority vote of said board, at which said election the chairman of said board shall not participate. Act of 1917 amended. Sec. 6 to be read. Chairman eligible as road builder. Sec. 2. Be it further enacted, That said Act shall take effect at the time of the approval of the same. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922.

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

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TITLE I. Municipal Corporations. ACTS. Abbeville Mayor and Aldermen. Abbeville officers and elections. Abbeville schools abolished. Adrian territorial limits changed. Alamo public schools, election to abolish. Albany Board of Education. Albany charter amended. Aline charter repealed. Americus clerk and treasurer. Americus efficiency expert. Americus, new charter for city of. Arabi, Town of; elections. Atlanta charter amended. Atlanta territorial limits extended. Augusta Board of Health created. Augusta charter amended. Augusta Fire Department; Act of 1921 amended. Austell, Town of; election to amend charter. Blackshear police officials. Blueridge City of; election of mayor and councilmen. Bolton charter repealed. Bowden Councilmen; election of. Brunswick. City of; construction of roads and bridges. Calhoun school tax. Canon charter amended. Canon school tax. Canton, new charter for town of. Canton school tax increased. Cedartown charter amended. Chamblee charter amended. Clarkesville officers and salaries. Claxton school tax. College Park charter amended. Colquitt, City of; levy of executions. Columbus, City of; confirmation of title. Columbus territorial limits extended. Coolidge charter amended. Cordele, new charter for city of. Cordele Water, Light, and Bond Commission abolished. Covington street improvements. Crawfordville mayor and councilmen, election of. Crest charter repealed. Danville, new charter for town of. Decatur charter amended. Decatur restricted residence districts. Decatur; town changed to city. Doerun, new charter for city of. Donalsonville charter amended. Douglas mayor and councilmen. East Point police department.

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East Point school bonds. East Point ward divisions. Eastman charter amended. Elberton, City of; registration of voters. Fitzgerald charter amended. Fry, new charter for town of. Gainesville charter amended. Greensboro, City of; notice of tax assessments. Hawkinsville, City of; registration of voters. Hazlehurst charter amended. Hazlehurst school taxes and fees. Jeffersonville clerk and marshal; fees. Jesup charter amended. Lawson changed to Carl. Lincolnton, Town of; election of officers. Locust Grove, new charter for town of. Lyons schools, election to abolish. Macon charter amended. Madison officers and salaries. Marietta; tax to pay city indebtedness. McCaysville mayor and councilmen; elections. Milledgeville, City of; election of Trustees of Georgia Military College. Nicholls charter amended. Nicholson charter amended. Norcross elections, and fines. Pearson charter amended. Rex charter repealed. Richland schools, election to abolish. Richland, new charter for city of. Rockledge schools under county jurisdiction. St. Mary's tax appeals, and bonds. Sandersville school tax. Savannah charter amended. Sharon charter amended. Sparta Board of Education; acts amended. Stapleton schools; election to abolish. Statham tax rate. Sylvania schools abolished. Thomasville voting list altered. Tifton gas, electric, and water works. Tybee, new charter for town of. Valdosta public amusement park. Vidalia, new charter for city of. Warrington Board of Education; election and term of office. Warwick, new charter for town of. Washington school tax. Washington territorial limits extended. Waycross charter amended. Waynesboro street improvements Whigham tax executions costs. ABBEVILLE MAYOR AND ALDERMEN. No. 510. An Act to amend an Act entitled An Act to reincorporate the Town of Abbeville as the City of Abbeville, and to confer additional powers on said corporation; and to codify, amend and supersede all previous Acts incorporating the Town of Abbeville, and granting a new charter to

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the said Town, under the name of the City of Abbeville, and for other purposes; and to amend and supercede all Acts amendatory thereof in conflict herewith. 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 reincorporate the Town of Abbeville as the City of Abbeville, and to confer additional powers on said corporation, and to codify, amend and supercede all previous Acts incorporating the Town of Abbeville, and granting a new charter to the said town, under the name of the City of Abbeville, and for other purposes; and all Acts amendatory thereof be, and the same are hereby amended, and superceded in so far as they conflict with this Act, in the following particulars, to-wit: Amendment of previous Acts. Sec. 2. Be it enacted, That all of section three of said Act, and all parts of all Acts amendatory of said section three, be and the same is hereby amended by striking all of said section three, and by striking all amendments of said section three, and inserting in lieu thereof, as section three, the following, to-wit: Section 3. Be it further enacted by the authority aforesaid, That an election shall be held in the City of Abbeville, under the regulations hereinafter provided, on the second Tuesday in December, 1922, for the purpose of electing of a Mayor, six aldermen, and a treasurer, who shall take and assume office on January 1st, 1923, at which time the terms of office of the present Mayor, aldermen, treasurer and clerk shall expire. And the Mayor so elected shall serve for one year, and until his successor is elected and qualified, and there shall be an election held annually on the second Tuesday in December for Mayor. New sec. 3. Election of municipal officers. Mayor. At the election of six aldermen on the second Tuesday in December, 1922, as herein provided for, the three candidates receiving the largest popular votes shall hold office for two years from January 1st, 1923, and the three candidates receiving the next largest popular votes shall hold office for one year from January 1st, 1923. And annually thereafter, on the second Tuesday in December of each year,

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there shall be an election for three aldermen, who shall assume office on January 1st next after their election, and hold office for two years, and until their successors are elected and qualified. Aldermen. On the second Tuesday in December, 1923, and annually thereafter, a treasurer shall be elected, who shall assume office on January 1st next after his election, and shall hold office for two years, and until his successor is elected and qualified. Treasurer. At the first meeting of the City Council after each election, or as soon thereafter as practicable, one of said aldermen shall be chosen Mayor pro tem. for the period of one year; and the Mayor and Council, at the first meeting after each election, or as soon thereafter as practicable, shall elect a clerk, and fix his salary, name his duties, fix and require a suitable bond for the faithful performance of his duties, which clerk shall serve for one year, and until his successor is elected and qualified. Mayor pro tem. Clerk. The Mayor shall receive a sum not exceeding two hundred dollars per annum, and each alderman and the treasurer shall receive not exceeding sixty dollars per annum for their services, as may be fixed by the Mayor and Council, and which shall not be changed during their term of office. The clerk shall be paid such salary, not exceeding $600.00 per annum, as may be fixed by the Mayor and Council; which salary shall be in lieu of all fees and other emoluments of the office. The clerk shall collect and turn into the city treasury all fees or other receipts of his office. The clerk may be discharged at any time by a majority vote of the Mayor and Council for any cause which they may deem sufficient, and a new clerk elected for the unexpired term. Salaries. Sec. 3. Be it further enacted by the authority aforesaid, That section five of said Act be, and the same is hereby amended by striking from said section 5, in the fifth line thereof, between the word all and the word persons, the word male. Further amendments.

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Sec. 4. Be it further enacted by the authority aforesaid, That section 10 of said Act be amended by adding at the end of the second line thereof, after the word pro tem., the word clerk. Sec. 5. Be it further enacted by the authority aforesaid, That section twelve of said Act be, and the same is hereby amended by striking from the eighth, ninth and tenth lines thereof the following clause, to-wit: To maintain a system of schools, as now established by law, a tax not to exceed one-half of one per cent; this amendment superceding any and all other amendments with reference to school tax. School tax. 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 19, 1922. ABBEVILLE OFFICERS, AND ELECTIONS. No. 522. An Act to amend an Act entitled An Act to reincorporate the Town of Abbeville as the City of Abbeville, and to confer additional powers on said corporation; and to codify, amend and supersede all previous Acts incorporating the Town of Abbeville, and granting a new charter to the said town, under the name of the City of Abbeville, and for other purposes, and to amend and supersede all Acts amendatory thereof in conflict herewith. 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 reincorporate the Town of Abbeville as the City of Abbeville, and to confer additional powers on said corporation, and to codify, amend and supersede all previous Acts incorporating the Town of Abbeville,

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and granting a new charter to the said town, under the name of the City of Abbeville, and for other purposes; and all Acts amendatory thereof be and the same are hereby amended, and superseded in so far as they conflict with this Act, in the following particulars, to-wit: Sec. 2. Be it further enacted, That all of section three of said Act, and all parts of all Acts amendatory of said section three, be and the same is hereby amended by striking all of said section three, and by striking all amendments of said section three, and inserting in lieu thereof, as section three, the following, to-wit: Section three. Be it further enacted by the authority aforesaid, That an election shall be held in the City of Abbeville, under the regulations hereinafter provided, on the second Tuesday in December, 1922, for the purpose of electing of a Mayor, six Aldermen, and a Treasurer, who shall take and assume office on January 1st, 1923, at which time the terms of office of the present mayor, alderman, treasurer and clerk shall expire, and the mayor so elected shall serve for one year, and until his successor is elected, and qualified, and there shall be an election held annually on the second Tuesday in December for Mayor. At the election of six aldermen on the second Tuesday in December, 1922, as herein provided for the three candidates receiving the largest popular votes shall hold office for two years from January 1st, 1923, and the three candidates receiving the next largest popular votes shall hold office for one year from January 1st, 1923. And annually thereafter, on the second Tuesday in December of each year, there shall be an election for three aldermen, who shall assume office on January 1st, next after their election, and shall hold office for two years, and until their successors are elected and qualified. On the second Tuesday in December, 1923, and annually thereafter, a treasurer shall be elected, who shall assume office on January 1st, next after his election, and shall hold office for two years, and until his successor is elected and qualified. At the first meeting of the City Council after each election, or as soon thereafter as practicable, one of said aldermen shall be chosen Mayor Pro Tem for the

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period of one year; and the Mayor and Council, at the first meeting after each election, or as soon thereafter as practicable, shall elect a clerk, and fix his salary, name his duties, fix and require a suitable bond for the faithful performance of his duties; which clerk shall serve for one year, and until his successor is elected and qualified. The Mayor shall receive a sum not exceeding two hundred dollars per annum, and each alderman and treasurer shall receive not exceeding sixty dollars per annum for their services, as may be fixed by the Mayor and Council, and which shall not be changed during their term of office. The clerk shall be paid such salary, not exceeding $600.00 per annum, as may be fixed by the Mayor and Council; which salary shall be in lieu of all fees and other emoluments of the office. The clerk shall collect and turn into the city treasury all fees or other receipts of his office. The clerk may be discharged at any time by a majority vote of the Mayor and Council for any cause which they may deem sufficient, and a new clerk elected for the unexpired term. Amendment of previous Acts. New sec. 3. Election of municipal officers. Mayor. Aldermen. Treasurer. Mayor pro tem. Clerk. Salaries. Sec. 3. Be it further enacted by the authority aforesaid, That section five of said Act be, and the same is hereby amended by striking from said section five, in the fifth line thereof, between the word all and the word persons, the word male. Further amendments. Sec. 4. Be it further enacted by the authority aforesaid, That section ten of said Act be amended by adding at the end of the second line thereof, after the words pro tem, the work clerk. Sec. 5. Be it further enacted by the authority aforesaid, That section twelve of said Act be and the same is hereby amended by striking from the eighth, ninth and tenth lines thereof the following clause to-wit: To maintain a system of schools, as now established by law, a tax not to exceed one-half of one per cent; this amendment superseding any and all other amendments with reference to school tax. School tax.

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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 19, 1922. ABBEVILLE SCHOOLS ABOLISHED. No. 328. An Act to repeal an Act entitled An Act to establish a system of public schools for the Town of Abbeville, to provide for a board of education, to empower the Mayor and Council of said town to levy and collect a tax for the support and maintenance thereof; and to authorize the county school commissioner of Wilcox County to pay over to said board of education such part of the State school fund as may be the pro rata share of said town; and for other purposes, and also to repeal all Acts amendatory thereof. 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 of the General Assembly of Georgia of 1895, approved December 3rd, 1895, and entitled An Act to establish a system of public schools for the Town of Abbeville, to provide for a board of education, to empower the Mayor and Council of said town to levy and collect a tax for the support and maintenance thereof; and to authorize the county school commissioner of Wilcox County to pay over to said board of education such part of the State school fund as may be the pro rata share of said town; and for other purposes, and all Acts amendatory thereof, be and the same are hereby repealed. Act of 1895 and amendments repealed. Approved August 1, 1922.

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ADRIAN TERRITORIAL LIMITS CHANGED. No. 444. An Act to amend an Act entitled An Act to incorporate the City of Adrian, in the Counties of Emanuel and Johnson; to define the corporate limits thereof and for other purposes, by striking from said Act section 2 thereof, and inserting a new section in lieu thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act entitled An Act to incorporate the City of Adrian, in the Counties of Emanuel and Johnson; to define the corporate limits thereof and for other purposes, approved August 10, 1920, be and the same is hereby amended by striking from said Act section 2 thereof and inserting in lieu thereof the following section to be known as section 2 of said Act, to-wit: Act of 1920 amended. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city be as follows: Five eighths of one mile in every direction from the center of the intersection of the Wadley Southern Railroad and the Central of Georgia Railroad where same cross in the said City of Adrian. Territorial limits. 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 15, 1922. ALAMO PUBLIC SCHOOLS, ELECTION TO ABOLISH. No. 319. An Act to repeal an Act to establish a system of public schools in the Town of Alamo, Georgia, to provide when and under what circumstances the repealing Act shall

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become effective, to repeal an Act amendatory of said Alamo public school system, and for other purposes. Section 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 a system of public schools in the Town of Alamo, Georgia, to provide for the carrying on, management, control and support of the same, and for other purposes, approved August 16th, 1912, and also an Act amending said Act approved August 16th, 1920, be and the same is hereby repealed. Acts of 1912 and 1920 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 393rd District G. M. of said County of Wheeler and so much of the 1450th District G. M. of said County of Wheeler as may hereafter be designated by the county board of education of Wheeler County, 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 August 19th, 1919. Election to ratify this Act. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 1, 1922. ALBANY BOARD OF EDUCATION. No. 536. An Act to amend an Act entitled An Act to provide for a system of public schools in and for the City of Albany,

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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 the said board; to provide for the ratification of this Act by election and for other purposes, approved August 21, 1906; to repeal section three of said Act, to provide a board of education consisting of seven members elected by the Mayor and Council; to provide that five of said members shall be chosen from the respective wards of said city; to provide that two members shall be elected from the city at large; to provide that the terms of said members of said board shall be two years; to provide that the present board of education shall be abolished upon the ratification of this Act by the people, and the election and qualification of the members of said board; to provide board of commissioners may make election herein required of Mayor and 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 authority of the same, That the Act of the General Assembly of Georgia 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, be and the same is hereby amended as follows, to-wit: By repealing and striking from said Act section three thereof and substituting therefor the following: Be it further enacted by the authority aforesaid, That said board of education shall consist of seven members, one from each of the five respective wards in said City of Albany and said five members shall have their residence in the respective wards which they shall be elected to represent, and two members of said

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board shall be elected from the city at large, said members shall be elected by the Mayor and Council of said City. At the first regular meeting night after the organization of the new Council in January following the ratification of this Act by the people, and said members shall hold office for a term of two years from and after their election as aforesaid. Any qualified voter in the City of Albany shall be eligible to election to serve on said board of education as hereinbefore provided and it shall not be unlawful for women to serve as members of said board, and at least two women shall be members of said board. In case of any vacancy occurring on said board said vacancy shall be filled by said Mayor and Council, at any regular meeting of said Mayor and Council, after said vacancy shall occur, a majority of said board shall constitute a quorum for the transaction of any of its business upon the ratification of this Act as hereafter provided the board of education of the City of Albany as now constituted shall be abolished, and the same shall take effect upon the election and qualification of the new board of education as herein provided. Act of 1906 amended. New sec. 3. Membership of board of education. Sec. 2. Before this Act shall go into effect the same shall be ratified by the people at the next election in City of Albany to be held in 1922 for the choicce of councilmen under the same requirements that may exist for the registration and qualification of voters in said election and for the returns and certifications of the same. The ballots for voters in said election shall have printed on them the words For new school board and the words, Against new school board and the voter shall erase or draw a line through the words which do not represent his or her choice. Voting places, or polls shall be opened for the voters of all wards in the city, to vote on said issue and unless the majority of the registered qualified voters appearing on the official registration lists for said election shall vote against new school board this Act shall be deemed duly ratified by the people and shall go into effect according to its provisions. Upon failure of the Mayor and Council to hold said election as herein required, or upon failure of said

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election to be held or said issue to be submitted for any cause, then and in that event, this Act shall be deemed ratified without any election or referendum and shall go into effect according to its several provisions. All issues to be voted on in said election on said date, shall be submitted on the same ballot to voters registered and qualified under law to vote on same. Provided, that this shall not be construed to change the requirement that councilmen shall be chosen according to wards by residents of the ward in which said councilman is offering for election. Election to ratify this act. Ballots. Act effective on failure to hold election. Sec. 3. If a certain Act of the 1922 session of the General Assembly providing for the establishment of the commission city manager form of government for Albany, shall be deemed ratified to go into effect according to its provisions, then and in that event the election of the new board of seven members herein provided for the Mayor and Council to make, shall instead be made by the board of commissioners of the City of Albany at their first meeting after taking office or as soon thereafter as practicable. Effect of city-manager act. Sec. 4. If any section or part of section of this Act shall be declared invalid, such invalidity shall not be construed to affect the validity of the remainder of this Act. Invalid part ineffective. 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 21, 1922. ALBANY CHARTER AMENDED. No. 529. An Act to amend the present charter of the City of Albany and Acts amendatory thereof; to provide for the election of five commissioners from each of the five political wards of the City of Albany in lieu of the present Mayor and

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Council; to provide for certain councilmen to become commissioners; to provide the manner of election of commissioners, to fix their qualificatons, compensation, term of office, powers and duties; to provide for the choosing of a city manager by the said commissioners and to fix his qualifications, compensation, powers, duties and term of office; to provide for the choosing of one of the commissioners as a chairman of said commission who shall be ex-officio Mayor with no additional compensation, and likewise the choosing of a vice-chairman as ex-officio Mayor pro tem; to fix the manner of choosing or electing city officials and employees and prescribing their term of office, qualifications and salary or compensation; to preserve the present corporate name and organization of the City of Albany and to provide that all rights, remedies and actions shall survive; to limit the political activity of candidates and city officials and employees in city elections; to provide for the establishment of a Recorder's Court; to provide for the naming and choosing of a recorder and fix his term of office, qualifications, duties, powers and compensation; to provide that the fire department and police department shall be under the supervision and control of the respective chiefs of said departments and to provide that the chiefs of said departments shall be directly responsible to the commissioners for their departments; to provide for the abolition of the board of police commissioners and for the abolition of the board of water, gas and electric light commissioners, and to provide that the commissioners, chosen under this Act shall thereafter exercise the duties of said boards; to provide that no city officials or employees shall be financially interested in any city contracts or expenditure, or receive free passes or franks; to preserve all laws and ordinances not inconsistent with this Act; to preserve certain offices now existing; to provide that present employees and officials shall continue to serve until lawfully succeeded; to provide for the bonding of city officials or employees; to provide that the office of city marshall shall be filled by a member of the

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police department and additional compensations; to provide that the words board of commissioners for the city of Albany shall be and in place of Mayor and City Council where necessary to harmonize this Act with the present city charter; to provide for the filling of vacancies in offices of city officials; to provide for the investigation of the affairs of any city department, or official conduct of any city official; to provide for an annual budget as far as practicable bringing about a reduction in city taxes; to provide for the annual publication of a synopsis itemized statement of receipts and disbursements; to fix certain duties of the city clerk; to fix certain duties of the city treasurer; and to provide that any persons performing the duties of such shall be subject to the provisions of this Act; to provide that the commissioners under this Act shall meet in regular session at least twice per month and to provide for a quorum and rules of procedure for said commissioners; to provide for special meetings; to preserve present rights of taxation and methods of raising revenues, to preserve the board of tax assessors, board of education, and trustees of Carnegie Library; to provide for a referendum at the next election of city councilmen for the ratification of this Act; to provide for qualifications and registration of voters for the next election of councilmen, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a certain Act approved August 18, 1917, entitled An Act to create and establish a new charter for the City of Albany (Georgia Laws of 1917, page 454-496) together with the Acts amendatory thereof be and the same is hereby amended in the following particulars: Act of 1917 amended. Section 1. That in lieu of the Mayor and Council of the said City of Albany there is hereby created and established a city commission of five citizens, which shall be known as the board of commissioners for the City of Albany, hereafter called the city commission, or the commission, or the

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board of commissioners, or the commissioners, which commission is hereby given all powers, rights, and authority heretofore vested in the Mayor and Council of the City of Albany except as otherwise provided in this Act. Commission instead of mayor and council. Sec. 2. The five commissioners herein named and created shall be elected by the people, one to be chosen as a representative from each of the five political wards of Albany as now created and existing under the same provisions, requirements, and qualifications as now exist for the choosing of a councilman from each of said five wards, at the same times and with the same term of office and rotation in office as now exist for councilmen chosen from each of said wards, provided, that those two councilmen elected as councilmen from wards (1) one and four (4), respectively, now serving unexpired terms as councilmen from said wards, shall serve the remainder of their terms as commissioners from said wards under this Act, and three councilmen chosen at the next city election for councilmen from wards two (2), three (3), and five (5), shall become commissioners from said wards under this Act, and two councilmen serving unexpired terms as councilmen from wards one (1) and four (4), together with the three councilmen chosen at the next election for councilmen from wards two (2) and three, and five (5) shall become the five commissioners under this Act when this Act by its terms shall go into effect upon the election and qualification of, or the taking of office by the five commissioners as herein provided, the Mayor and Council of the City of Albany as constituted and existing under the present city charter of Albany, shall then be hereby abolished and lawfully succeeded by the five commissioners as herein created and provided. Five members; how chosen. Sec. 3. That the commissioners chosen under this Act, or becoming commissioners under this Act shall assume office at the same time as now provided for new councilmen and shall qualify and be inducted into office in the same manner as new councilmen are now qualified and inducted into office, the word Commissioner and Board of Commissioners

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for the City of Albany being used instead of Councilmen or Mayor and Council wherever necessary to carry this into effect. Qualification. Sec. 4. The Board of Commissioners shall at their first meeting in each year elect one of their number as chairman of the commission for a term of one year, and if unable to agree among themselves as to a chairman, the oldest member of the commission in age shall serve until an agreement is reached, provided that in the event the commission is unable to agree on the choice of a chairman within thirty days after said first meeting in the year, then and in that event it shall be the duty of the Judge of the Superior Court of Dougherty County to name one of said commissioners as chairman, and it shall be the duty of the city attorney to first bring such matter to the attention of said judge, and upon failure of the said attorney to do so within five days after the said failure to choose a chairman within fifteen days, then any citizen of Albany may bring said matter to the attention of said judge, or said judge may take jurisdiction of his own volition and make said appointment. Nothing in this section shall be construed as extending the term of any commissioner elected as chairman beyond the term for which elected as commissioner. Vacancies in the office of chairman shall be filled for the unexpired term in the same manner by the commission when the vacancy occurs. Chairman. Vacancy. Sec. 5. Each of said commissioners shall receive the same compensation for their service as now provided for councilmen, the salary of Mayor as such being abolished and each of said commissioners receiving the same compensation. Compensation. Sec. 6. In said commission shall be vested all the powers heretofore vested in the Mayor and City Council, except as otherwise provided in this Act. It shall have full authority to pass ordinances, levy taxes, make appropriations, fix licenses, and shall have all rights and powers heretofore given the Mayor and Council except as otherwise provided in this Act, and the chairman of said board shall have the

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powers and authority heretofore vested in the Mayor except as otherwise provided in this Act. General powers. Sec. 7. That the Board of Commissioners shall within thirty days after their election and qualification select and appoint a city manager, which office in the City of Albany is hereby expressly created, which city manager shall be chosen without regard to residence or political affiliations, and shall be the administrative head of the municipal government. He shall have his salary fixed by the commission and shall hold office only at the pleasure of the commission, and be subject to removal at any time without notice or statement or proof or cause. He shall be selected with due regard to his experience and fitness for handling big business in an efficient and economical manner, and shall be directly responsible to the commission for the efficient and economical conduct of all city departments. During his absence or disability the commissioners may designate some properly qualified person to execute the functions of the office. The powers and duties of the city manager shall be as follows: City manager. Salary. Removal. Fitness. (a) To see that all laws and ordinances of said city are enforced. Duties and powers. (b) To exercise control over all departments and divisions of the city now created, or which may hereafter be created by the commission, except as herein otherwise provided. (c) To attend all meetings of the commissioners, with the right to take part in all discussions, but having no vote. (d) To recommend to the commissioners for adoption such matters as he may deem necessary and expedient. (e) To prepare and submit to the commissioners at such time as they may request, or at least yearly without any request, an annual budget, setting out the probable needed expenditures in all departments of the city for the ensuing year, and in the preparation of such budget the said city manager shall faithfully and honestly strive in keeping with the real needs of the city to recommend the needs for such

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expenditures as will enable a reduction in city taxes to be made. (f) To keep the commissioners fully dvised as to the financial condition and needs of the city. (g) To supervise and direct the official conduct of all appointive officers and employees except as otherwise herein provided. (h) To supervise the performance of all contracts made by any person for work done for the city, and to make all purchases of materials and supplies used by the city under cempetitive bids and under such rules and regulations as the commission may adopt. (i) To appoint and discharge, or fix the salary of all officers and employees in all departments except as herein otherwise provided in this Act, provided that all such terms of employment shall be only at the pleasure of the city manager. Definite terms of employment for longer than six months shall be subject to the approval of the commission. All such appointments shall be made upon merit and fitness alone. Provided further that in the choice of employees for the city, all things being equal, bonafide residents of the City of Albany shall be given perference, and in positions requiring special skill and knowledge in any department only, technical employees shall be chosen for such positions, including the naming of a practical plumber as plumbing inspector. (j) To perform any other additional duties, not inconsistent with those named herein, that the commission may be ordinance or resolution prescribe. Sec. 8. The commissioners shall each year cause to be printed in the Albany Herald, or the official organ of Dougherty County, a detailed itemized synopsis statement of receipts and disbursements of the city, and a summary of its preceding year. Annual statement.

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Sec. 9. Be it further enacted by the authority aforesaid, That the commissioners may require the said city manager to come before them at any time and answer questions either orally or in writing, and may require from said city manager, at any time they see fit, written reports upon any matter involving the city that they may deem proper, and the city manager shall report weekly to said commission his general actions and doings, and shall regularly at stated intervals, at least quarterly, file full and complete reports of the various departments of the city. All such reports shall be filed with the city clerk and by him brought thereafter to the attention of the city commissioners at their first regular meeting thereafter. Reports by city manager. Sec. 10. Be it further enacted by the authority aforesaid, That the said city manager shall devote his entire time to his office as city manager, and the members of the commission shall devote as much of their time as may be necessary. The said commission shall meet at least twice a month at stated intervals, and shall hold their meetings in public except when they deem an executive session expedient; and said commission shall keep reports of their meetings and shall record all their actions, the city clerk being hereby named as the official secretary of the commission and charged with the duty of attending and keeping the minutes of all meetings of said commission, which record and minutes shall be open to the inspection of the general public in the office of said city clerk in the city hall at all reasonable hours. All votes shall be taken by Aye and no and shall appear on the minutes. The commission shall be required to meet in special session as often as any three commissioners, or the chairman, or the city manager may request. Special meetings of the commission shall be called by the necessary commissioners, or the chairman, or the city manager, filing a written request for the same with the city clerk, stating the time for the said meeting. Upon such notice being filed with the city clerk it shall thereupon be the duty of said clerk to serve notice upon every member of the commission, and also the city manager, whose names

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are not attached to the request for said meeting to be called, and such notices may be served in person, by writing, or by telephone, upon such commissioners who may be found in the City limits of Albany, and upon said clerk being unable to locate any such commissioner in person, he shall leave a written notice of such meeting at such commissioners usual place of business or residence, and shall enter and certify to such facts as to any absent commissioners on the minutes of said special meeting. The same requirements as to notice to commissioners shall also apply to the city manager. Office time. Meetings. Sec. 11. The commissioners shall elect one of the commissioners chairman pro-tem, who may exercise the routine duties of the chairman in case of the chairmans absence or inability to act for any reason. Vacancies in such appointment shall be filled by the commissioners for the unexpired term. In case of a vacancy in the office of any commissioner, the remaining commissioners shall call an election to fill such vacancy under such provisions as are now in force relative to filling vacancies on the council of said city. Chairman pro tem. Vacancy. Sec. 12. Be it further enacted by the authority aforesaid, that no commissioner shall before going into office promise any person to appoint him to office or promise to vote for such person or any other person to office, or agency, or employment under the city. For the violation of this provision the said commissioner shall be liable to be punished upon conviction as for a misdemeanor, the punishment to be defined by the Criminal Code of Georgia of 1910, section 1065, and in addition the office of such commissioner shall be forfeited. Promise of appointment or vote, penalty for. Sec. 13. Be it further enacted by the authority aforesaid, That the corporate name and organization of the City of Albany is hereby in all respects fully preserved as defined in the original Act of 1917 creating a new charter for the City of Albany, together with all amendatory Acts thereof except as herein amended; and all Acts not inconsistent with this Act are hereby declared continued in force. Corporate name and organization.

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Sec. 14. Be it further enacted by the authority aforesaid, That in connection with the establishment of the commission form of government herein created, there is also established the office of city recorder, to be chosen as hereinafter set out, who shall in the future perform all duties and have all authority and power in reference to the police court of the City of Albany, as heretofore had or possessed by the Mayor only as presiding officer of said court. Such city recorder shall be elected by the commissioners at the first meeting after their election and qualification or as soon thereafter as practicable and shall serve for a term of two years and shall be paid a monthly salary out of the city funds of $50.00 per month, payable monthly. Before entering upon the discharge of the duties of said office, said city recorder shall appear before the city clerk and take and subscribe to the following oath: I do solemnly swear that I will uphold the Constitution of the United States, and the Constitution of the State of Georgia, and that I will fearlessly enforce and respect all ordinances of the City of Albany and administer justice without fear, favor, or partiality to any person to the best of my skill and ability, so help me, God. The city clerk shall after administering said oath have the same signed in his presence by said recorder and file the same of record in the office of the city clerk. Recorder. Salary. Oath of office. No person shall be eligible to serve as city recorder who has not reached the age of twenty-five years, and shall have been a resident of the City of Albany for two years before his election or appointment, and shall be a person of good character, and a qualified voter in said city. In the election or appointment of said recorder, preference shall be given applicants who in addition to possessing all other qualifications shall also be duly licensed and practiced attorneys at law. In case the recorder is at any time absent or disqualified, the chairman of the board of commissioners, the chairman pro tem or any member of the commission may sit in his stead with all rights, duties, and authorities of said

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recorder while thus acting. The recorder chosen under this Act shall continue to serve until his successor is named or qualified. Vacancies in the office of recorder shall be filled by the city commissioners for the unexpired terms, provided that the first recorder to hold office hereunder shall be appointed by the Governor of Georgia for a term of twelve months and shall thereafter be chosen by the city commission as herein provided. Eligibility as recorder. Absence or disqualification. Vacancy in office. Sec. 15. The police department shall be under the direct management and control of the chief of police who shall be elected by the commission to hold office at its pleasure. The compensation of the chief of police shall be fixed by the commission, and the salaries of other officers and employees of the police department shall be fixed by the chief of police, subject to the approval of the commission. All officers and employees of the police department shall be chosen by the chief of police to serve only at his pleasure and for no specified term. The chief of police shall be directly responsible to the commission for the proper conduct of his department and for the enforcement of all laws and ordinances and all other officers and employees of the department shall be held accountable to the chief of police, and in dealing with said department, the commission shall deal only with the chief of police who may be removed at any time by the commission without cause or notice. The police department shall cooperate with the city manager in every way for the efficient conduct of every city department. Supplies for the police department shall be purchased throught the city manager at the request of the chief and with the approval of the city manager, subject to the provisions of this Act. Chief of police. Officers and employees. Co-operation. Supplies. Sec. 16. The fire department of the city shall be under the direct management and control of the chief of fire department, who shall be chosen by the city commission, and shall have his salary fixed by said commission and shall serve at the pleasure of the commission. All other officers and employees in said department shall be chosen by the chief at salaries fixed by him, subject to the approval of the

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commission, and shall serve at the pleasure of the chief of said department and be directly responsible to him for their conduct. The chief shall be directly responsible to the commission for the proper conduct of said department, and in dealing with said department, the commission shall deal only through the said chief. The chief of the fire department shall co-operate with the city manager in every way for the efficient conduct of every city department, and all supplies purchased for said department shall be purchased on the request of said chief and with the approval of the city manager, and through the said city manager. Fire department. Chief. Sec. 17. The city manager shall be purchasing agent for the city by whom all purchases of supplies and all contracts for printing shall be made, and he shall sign all vouchers for the payment of the same under such rules and regulations as the city commissioners may by ordinance prescribe. In the capacity of purchasing agent for the city he shall conduct all sales of personal property of the city which the commission may authorize to be sold and which may have become unnecessary or unfit for the city's use. The commission shall by ordinance prescribe rules and regulations for the purchase of supplies under competitive bids and the city manager shall be governed thereby. Provided, that the city commission may by ordinance prescribe who shall sign vouchers for the paying out of city funds and under what rules and regulations. Purchasing agent. Sales. Bids. Vouchers. Sec. 18. No member of the city commission, the city manager, nor any official or employee of the city shall be directly or indirectly interested in any contract, job, service with or for the city, nor in the profits or emoluments thereof, nor in the expenditure of any money on the part of the city (except their own salaries from the city) and any contract on the part of the city which violates this section may be declared null and void by said commission. Personal interest unlawful. No member of the commission, the city manager or other officer or employee of the city, shall knowingly accept any gift, frank, pass, free ticket, or other emolument from any

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person, firm or corporation, operating any public utility, or engaged in any business of a public nature within the city, or from any person firm or corporation seeking to sell or which may desire to sell supplies to said city, perform service for, or make a contract with said city. Provided that this section shall not be construed to prevent officers and employees of the police or fire department from entering any premises in the discharge of their official duties, or from preventing the acceptance by any official or employee of railroad passes, express or telephone and telegraph franks to which entitled legally otherwise and not received as officials or employees of the city. Acceptance of benefits forbidden. Neither the city manager, nor any other official or employee of any department under him shall take any part, or contribute any money, toward the election or nomination of any person as commissioner of said city, except to answer such questions as may be put and that they may desire to answer. Any violation of this section shall subject the offender to removal from office. Contribution forbidden. Sec. 19. The commission herein created, or any committee thereof, shall have the power at any time to cause the affairs of any department to be investigated, or the conduct of any official or employee of the city to be investigated, and for such purposes shall have full authority to summon witnesses, compel the production of books and papers, or other documents, and for that purpose may issue subpoenaes which shall be signed by the chairman of the commission, or of the committee making the examination, and any person refusing to respect such subpoenas or the orders of the said investigating body in reference to making said investigation, shall be guilty of contempt, and shall be punished the same as for contempt of the recorder's or police court of the city. Investigations of departments or officers. Sec. 20. All vested rights of the city shall continue to be vested, and shall not in any manner be affected by the provisions of this Act, nor shall any right or liability, or pending suit or prosecution by or against said city be in

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any manner affected by this Act but shall survive. All contracts entered into by the city shall continue until lawfully terminated, and all public work begun prior to the taking effect of this Act shall continue until lawfully terminated or completed. Vested rights preserved. Sec. 21. Upon the election and qualification of the commission herein created, the board of police commissioners shall be abolished and the duties of that body hereafter exercised by the board of city commissioners. In like manner the board of water, gas, and electric light commissioners, shall be abolished and the duties of that body exercised by the board of city commissioners. The board of tax assessors shall be unaffected by this Act and in the future shall sustain the same relation to the board of city commissioners as heretofore sustained to Mayor and City Council. The city board of education and the public schools shall be unaffected by this Act except that the city manager shall hereafter purchase all supplies for the city schools under such regulations as the city board of education, approved by the city commission, shall adopt. Trustees for Carnegie Library shall be unaffected by this Act except that in the future they shall sustain the same relation to the city commission formerly sustained to the Mayor and the City Council. Boards abolished. Boards not abolished. Sec. 22. The present method of taxing property for taxation of said city, of making assessments for this purpose, levying and collecting the same including all present means of revenue and licenses shall continue in force until otherwise provided or changed by ordinance of the commission under the provisions of this Act. Tax assessments. Sec. 23. Be it enacted by the authority aforesaid, That the chairman of said board of commissioners for the City of Albany shall be ex-officio Mayor of the City of Albany for the purpose of service of suits upon said city, for ceremonies, and for dealing with the Governor, and the military authorities, but shall have no other duties attached to said

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position different from any other commissioner except to preside over meetings of the commission, or draw any different salary from any other commissioner, or have any other power or authority except as herein granted in this Act. He shall preside at the meetings of the commission and have a vote on every question. The provisions of this section shall also apply to the chairman pro tem. of said commission wherever it has heretofore been lawful for the said Mayor pro. tem. to act in the place of the Mayor, subject to the provisions of this Act. Chairman as ex-officio mayor. Sec. 24. Be it enacted by the authority aforesaid, That the offices of city attorney, city physician, city clerk and treasurer shall be preserved under this Act as now already existing under the present city charter, sustaining the same relation in the future to the board of commissioners as heretofore sustained to the Mayor and Council. The position of city sexton may be abolished, consolidated or changed by ordinance of the commission. All other officials or employees may be removed at any time by the commissioners, the city manager, or the chiefs of the fire and police departments subject to the provisions of this Act. City offices preserved. Abolishment. Removal. Sec. 25. Be it further enacted by the authority aforesaid, That all city officials and employees of the city shall continue to perform all duties at the same rate of pay until their successors are elected and qualified, or such office or employment is lawfully terminated. Duties and pay. Sec. 26. All vacancies hereafter occurring in any elective position or office shall be filled by the said board of commissioners as now provided for such vacancies to be filled by said Mayor and Council, Provided that the chief of police, the chief of fire department, and the city manager shall have full authority to fill vacancies of subordinate officials and employees, in their own respective departments, subject to the provisions of this Act. Vacancies in office. Sec. 27. The board of commissioners shall by ordinance provide that all moneys and funds coming into any department,

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or the hands of any city official, or employee and belonging to the city shall be turned into the city treasury as often as may be practicable for which the said city treasurer shall keep accurate record and issue valid receipt to the department or official making such deposits. Wherever practicable such deposits shall be made with the city treasurer daily, and the city treasurer may be required by the board of city commissioners at any time to prepare a financial statement of his affairs as treasurer. Funds to be deposited. Sec. 28. It shall be lawful for the board of city commissioners to require bond of any city official or employee handling funds, or authorizing the payment of funds, in such amount as they may by ordinance provide. It shall be lawful for the city to pay for the writing of such bond or bonds. Boards of officers, etc. Sec. 29. The board of city commissioners shall adopt the same parlimentary procedure as now used by the Mayor and the City Council with power to amend the same in any manner by ordinance. Provided that the presence of at least three commissioners shall be necessary for a quorum for the transaction of city business, and three votes considered a majority necessary to affect action. Any smaller number of commissioners, however, may meet and adjourn from time to time. Procedure. Quorum. Sec. 30. Whenever necessary to carry the terms of this Act into effect and harmonize the same with the present city charter the words board of commissioners for the City of Albany shall be read in place of Mayor and Council except where to do so would be to render void some particular provisions of this Act. Terms of this Act defined. Sec. 31. If any section or part of a section of this Act shall for any reason be held invalid, such invalidity shall not be construed to affect any other portion of this Act. Invalid part ineffective. Sec. 32. The office of city marshal shall be filled by some member of the police department upon recommendation of the chief of police, subject to the approval of the board of

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city commissioners; but such appointment shall carry no additional compensation to other than that received as an employee of the police department. In the event of such city marshal's absence or disqualification, the chief of police shall be ex-officio city marshal. City marshal. Sec. 33. The term city clerk or city treasurer as used in this Act shall apply to any person or persons lawfully designated to perform the duties of said positions either as treasurer and collector or clerk of council or both as consolidated in one office. Clerk and treasurer. Sec. 34. Be it further enacted by the authority aforesaid, That before the provisions of this Act shall go into effect the same shall be ratified by the people at the next election for the choice of councilmen under the present city charter, all wards being given an opportunity to vote on said issue, said election to be held under the same rules, regulations and requirements of voters and registration as now exist for the holding of general city elections and for the certification and returns of the same. Provided polls shall be open for the registered qualified voters of all wards to vote on said issue on said date, provided that in the election of councilmen from wards two, three, and five, in the next city election to be held in 1922 for said purpose, and in the voting on the ratification of this Act as herein provided, those who were registered and qualified voters in the city election of 1921 for the choice of Mayor and Council shall be deemed registered and qualified voters for said election in 1922, unless disqualified by residence requirements or failure to pay required taxes under the law, and shall not be required to register again in order to vote in said election. Those who did not register and qualify for the said election in 1921 shall be permitted to register and qualify for said election in 1922 after the manner and method now provided in the present city charter of Albany for the registration of voters according to wards for the choice of councilmen. If in the previous registration of voters according to wards for the said election in 1921, or in the registration of voters according

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to wards in 1922, any voter may be registered in the wrong ward, either by an error of law or fact, it shall be the duty of the person or persons preparing the official or authentic registration lists to list such voter according to such ward as actually a resident of at the time of registering if otherwise qualified. Persons who may have moved from one ward to a different ward since last registering and qualifying shall be required to register again according to the ward of which such person will be a resident and a qualified voter at the time of said election, and shall indicate on said registration list in what ward formerly registered and qualified in order that the name of such person shall not appear as a registered qualified voter in more than one ward. The provisions set out herein in this section for the registration and qualification of voters for the next election for councilmen in Albany in 1922 in which election the referendum herein provided is to be voted on, shall take effect from and after the passage of this Act. The ballots furnished voters for this said election shall have printed thereon For Commission City Manager form of Governernment and the voter shall erase or draw a line through the wording which does not express his or her choice, unless a majority of the registered qualified voters appearing on the official registration lists for said election shall vote Against Commission City Manager form of Government, then and in that event this Act shall be deemed ratified and in full force and effect according to its terms on the second Monday in January, 1923, as hereafter provided. In the said event, the said Mayor and Council should refuse or fail to call or hold said election on the date named for the ratification of this Act, then said Act shall be deemed ratified and go into effect according to its terms without any election or referendum, on the date herein provided. In the selection of managers, registrars, and clerks for said election, as far as practicable selections shall be duly and equally made from those favoring each side of said issue submitted in said election. Upon the ratification of this Act as herein provided this Act shall take effect the second Monday in

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January, 1923, at the same time that the new councilmen chosen in the City election would take office under the present city charter. Election to ratify this Act. Ballots. When effective. Sec. 35. 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 21, 1922. ALINE CHARTER REPEALED. No. 481. An Act to repeal An Act to incorporate the Town of Aline in the County of Emanuel (Candler); to define the corporate limits thereof, and for other purposes, approved August 16, 1913. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act entitled An Act to incorporate the Town of Aline in the County of Emanuel (now Candler); to define the corporate limits thereof, and for other purposes, be and the same is hereby repealed. Act of 1913 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 16, 1922. AMERICUS CLERK AND TREASURER. 333. An Act to amend an Act entitled an Act to amend, revise, and consolidate the several Acts granting corporate authority to the City of Americus; to confer additional

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powers on the Mayor and City Council of Americus; to extend the corporate limits of said city, so as to change the method of electing a clerk and treasurer for said city of Americus, from election by the people, and provide for his election by the Mayor and City Council of Americus, to fix his term of office 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 three of an Act granting corporate authority to the City of Americus, approved November 11th, 1889, be and the same is hereby amended, by striking the words, and a clerk and treasurer from the sixth line of said section of said Act. Act of 1889 amended in sec. 3. Sec. 2. Be it further enacted, and it is hereby enacted by the authority aforesaid, That section six of said Act be amended, and the same is hereby amended by striking the words clerk and treasurer from the sixth line of section six of said Act. In sec. 6. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted, That from and after the expiration of the term of office of the present incumbent, a clerk and treasurer for the City of Americus shall be elected in the first regular meeting in January of each year of the Mayor and City Council of Americus; said election shall be by said Mayor and City Council of Americus and for a term of one year, beginning January 1st, and ending December 31st, of each year. The first election to be held under the provisions of this Act, shall be had at the first regular meeting of the Mayor and City Council in January 1923, and annually thereafter as hereinabove provided. A majority vote of the Mayor and City Council of Americus being necessary for the election of a clerk and treasurer under the provisions of this Act. Election of clerk and treasurer. Sec. 4. Be it further enacted and it is is hereby enacted by the authority aforesaid, That the clerk and treasurer of the City of Americus shall at all times be amenable and

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directly responsible to the Mayor and City Council of Americus, who are hereby given absolute authority to discharge the clerk and treasurer so elected at any time, by a majority vote of the governing body of said city with or without cause. Clerk amenable to Mayor and council. Sec. 5. Be it further enacted, and it is 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 1, 1922. AMERICUS EFFICIENCY EXPERT. No. 353. An Act to amend an Act entitled an Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Americus, to confer additional powers upon the Mayor and City Council of Americus. To extend the corporate limits of said city, and for other purposes; by making section forty-six of said Act, section forty-seven; and by adding a new section at the close of section forty-five of said Act which shall be section forty-six of said charter of the City of Americus when so amended, and by providing in said new section forty-six for the employment by the Mayor and City Council of Americus, in their discretion an efficiency man or expert, whose duty it shall be to examine, overlook and inspect all departments and business affairs of said Mayor and City Council of Americus, reporting to said Mayor and City Council of Americus the exact status and detailed condition of each department of said city government, together with such recommendations as he may consider necessary to enable the Mayor and City Council of Americus to administer the affairs of said City economically, and to the best interest of said city, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same, That an Act entitled an Act to amend an Act entitled an Act to amend, revise, and consolidate the several Acts granting corporate authority to the City of Americus, to confer additional powers upon the Mayor and City Council of Americus, to extend the corporate limits of said city and for other purposes, approved November 11th, 1889, be and the same is hereby amended by making section forty-six of said Act section forty-seven, and by adding a new section at the close of section forty-five of said Act which shall be section forty-six of said charter of the City of Americus when so amended. Act of 1889 amended. Sec. 2. And said new section forty-six shall be in the following language, from and after the passage of this Act, The Mayor and City Council of Americus shall have the right, power and authority to employ in their discretion, an efficiency man, or expert in municipal affairs, whose duty it shall be to examine, overlook, and inspect all departments and business affairs of said City of Americus, and report to said Mayor and City Council in detail the exact condition of each department of said city government together with such recommendations as he may consider necessary to enable the Mayor and City Council of Americus to administer the affairs of said city economically, and to the best interest of said city. The salary to be paid for said services to be fixed by the Mayor and City Council of Americus. New Sec. 46. Expert to be employed. Approved August 8, 1922. AMERICUS, NEW CHARTER FOR CITY OF. No. 361. An Act to amend and consolidate the several Acts of the Legislature of Georgia and especially the Act approved

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November 11, 1889, being an Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Americus; to confer additional powers upon the Mayor and City Council of Americus; to extend the corporate limits of said city, and for other purposes and all Acts amendatory thereof; to abolish the office of the Mayor and City Council of Americus; to abolish the offices of Board of Police Commission of the City of Americus; to abolish the Budget Commission of the City of Americus; to abolish the Board of Health of the City of Americus; and abolish certain other offices in said city; to provide for a form of government in said city composed of Commissioners and a City Manager, and to declare their rights and powers; to provide for levy, assessment of license and taxes and the collection of the same; to provide for the method of paving the sidewalks, streets, parks, lane and curbing the sidewalks of the city and power of levying and collecting such assessments for improvements; to provide for sewers, lights and water; borrow money, issue bonds, provide for evidence of indebtedness; to provide for budget for the commissioners; to provide for issuance of refunding bonds, to refund the bonded indebtedness of the city; to amend or repeal such sections of the charter of the city and the amendments thereof of the City of Americus as may be deemed necessary to carry into effect the said Commissioner-City Manager form of government; to provide for a submission of this Act to the qualified voters of the City of Americus for their approval or rejection; to provide for City Assessors and for other purposes. Be it and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the approval and passage of this Act and on and after the 2nd day of January, 1923, that: Section 1. The inhabitants of the City of Americus, Georgia, as its limits now are or hereafter may be established shall, continue to be a body politic and corporate with all

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the powers hereinafter specifled and other powers as are granted by the general laws of the State of Georgia to municipal corporations; to be known and designated as the City of Americus, and the corporate existence, identity, present territorial limits and jurisdiction of the City of Americus, both within and beyond the territorial limits of said city, with all corporate rights, powers and privileges conferred and all duties, obligations and liabilities imposed by law shall be preserved unto the said city, except as altered or amended by this Act, and as such body politic, said city shall have perpetual succession, may sue and be sued, contract and be contracted with, have a corporate seal, own, purchase, have, hold, receive and enjoy any estate whether real, personal, mixed, chase-in-action or any other kind, located within or without the limits of the City of Americus, and may, by authority of the board of commissioners thereof sell or dispose of same either at public or private sale as in the discretion of the board of commissioners may be deemed best for the benefit of said city, provided such sales shall be had as provided by law. The said commissioners at any regular meeting adjudging it proper and right may make, alter and amend the rules, regulations, by-laws, resolutions and ordinances for its government and the exercise of its corporate powers not in conflict with this Act, the Constitution and Laws of Georgia and the United States of America. Corporate name. General powers. Sec. 2. The present boundaries and corporate limits of the City of Americus are as follows: The corporate limits of the City of Americus in the County of Sumter shall extend and embrace a radius of one and one-fourth (1) miles, making the water tower situated on the East side of Lee street, near the corner of Lee and Lamar streets, the center; (except that strip of land excluded from the corporate limits of the City of Americus designated in the Acts of the Legislature of 1910, pages 366-367, approved August 15th, 1910, to wit: that certain strip of land two hundred (200) feet wide beginning at a

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point on the west boundary on the right-of-way of the Central of Georgia Railway Company, one hundred (100) feet North of the center of Spring Street at its intersection with the right-of-way of the Central Railway Company and extending South along the Western boundary of the said right-of-way two hundred (200) feet, and thence in a Westerly direction of a uniform width of two hundred (200) feet along Spring Street to the Western boundary line of said corporate limits, each of said North and South lines of the territory hereby excluded from the corporate limits of the said City of Americus being one hundred (100) feet from the center of the said Spring Street from said starting point at its intersection with the right-of-way of the Central of Georgia Railway Company to the Western boundary line of the said City of Americus; that the said strip of land so excluded by the said Act of 1910 being two hundred (200) feet wide and extending one hundred (100) feet North and one hundred (100) feet South from the center of Spring Street, the entire distance from the intersection of Spring Street with the right-of-way of the Central of Georgia Railway Company to the Western line of the said corporate limits, which is hereby excluded from the corporate limits of the said City of Americus. Territorial limits. Also the following additional territory Southeast of the above stated limits, to wit: starting at a point on the West line of Lee street, South, where the same intersects the one and one-fourth (1) mile circle described about the water tank as a center and running thence in a Southeasterly direction along the said line until it interesects Elm Street in the said city; continuing along the West line of Elm Street to the South line of Elm Street as shown in the plat of lands belonging to the Leeton-Park Land Company (which plat is on record in the clerk's office in the Sumter County Superior Court Book N, page 617); thence Easterly along the said line two thousand one hundred seventy-four (2174) feet, more or less, to the West line of Johnson street as shown in the aforesaid plat of the lands of Leeton-Park Land Company; thence North three thousand five hundred

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ninety-four (3594) feet along and on a continuance of said line to its intersection with the one and one-fourth (1) mile circle described as aforesaid, said intersection being about eight hundred sixty-five (865) feet in a Southwesterly direction from the city limits monument on the South side of Felder street, the said eight hundred sixty-five (865) feet being measured in the circumference of the circle. The above described city limits is not to include the lands known as the Leeton-Park and other lands adjoining thereto, the said lands being more particularly bounded and described as follows: Commencing at a point on the East Side of Elm Avenue where the original one and one-fourth (1) mile limits intersects said avenue; thence running South along the above described city limits to a point where the line of the city limits turns East; thence East along the said city limits to a point that turns North; thence North along the line of said limits to the South line of the lands formerly owned by the Americus Investment Company; thence West to the original one and one-fourth (1) mile city limits. Additional territory. Sec. 3. In addition to the powers heretofore mentioned the said city shall have powers: (1) That for the purpose of raising revenue for the support and maintenance of the city government the Commissioners of the said city shall have full power and authority to levy and collect annually an ad valorum tax of not exceeding two (2) per centum, except as hereinafter provided, and shall prescribe by ordinance the assessment, levy and collection of such ad valorum tax on real and personal property, notes, accounts, cash, bonds, chose in actions, mixed, and all and every species of property of any kind within the corporate limits of the said city, and all cash, notes, accounts, stocks, and bonds which may be owned by any person, either natural or artificial, who may be a resident or have its place of business in the city, although such property may be located at some other point outside of the

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corporate limits of said city, which is subject to a state tax under the Constitution and Laws of the State of Georgia, except such real property as is used for farm purposes only. The taxes levied and collected as aforesaid shall be applied as follows: Added powers. Tax ad valorem on all property. Applied. For current expenses, not to exceed six and one-half (6) mills of the value of the property assessed and returned for taxes. Current expenses. For public schools, not to exceed seven (7) mills of the property value assessed and returned for taxes. Schools. For gas, water, electric lights and sewerage, not to exceed three (3) mills of the value of the property assessed and returned for taxes. Utilities. For the present bonded debt and interest, or any refunded bonded debt, interest and sinking fund of present outstanding bonded debt, three and one-half (3) mills on the value of the property assessed and returned for taxation. Provided, however, that in the event new bonds for other purposes as may be authorized under the constitution and laws of Georgia, and which may be issued from time to time, such bonds may be provided for as to the payment of the principal, interest, and sinking fund, as under the constitution and the laws of Georgia permit full power and authority to levy and collect such additional ad valorem tax of the value of the property asssessed and returned for taxation. Bonded debt. Any accruing revenue of the city not appropriated as hereinbefore provided, and any balance at any time remaining after the purpose of said appropriation shall have been satisfied or abandoned, may from time to time be applied by the Commissioners to uses as will not conflict with any use from which specifically said revenue accrued. Balances. The Commissioners at any time may transfer money appropriated for the use of one department, division, or purpose to any other department, division or purpose during the fiscal year.

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(2) The Commissioners of the City of Americus shall have the power and authority to appoint three (3) free holders, residents of said city, as a Board of Assessors for tax returns, whose duty it shall be to scrutinize carefully each return of property, real and personal, made by every tax payer of said city; and if in their judgment they shall find any property embraced in said returns, or any portion of it returned below its value, they shall assess its true value; they shall make their report at such time and in such manner as the Commissioners of the City of Americus shall determine, shall be governed by the rules made by the Commissioners of the city. Tax assessors. (a) 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 valuation; and said board may, in its discretion, summon such defaulter to appear before it to be examined; and any person failing to obey such summons shall be punished as provided by section 3, subdivision 13-M of this charter. Tax defaulters. (b) 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 making such return written notice of such additions and valuations. Unreturned property taxable. (c) 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 taxpayer written notice of its assessments. Increase of returns.

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(d) That any tax payer dissatisfied with the action of said board of assessors of tax returns, may within ten (10) days after receiving written notice from said board notify the clerk and treasurer of the City of Americus in writ-time furnish the clerk and treasurer the name of his property as fixed by the board of tax assessors and that he desires to arbitrate the same and at the same time furnish the clerk and treasurer the name of his arbitrator; upon the filing of such written notice with the clerk and treasurer he will immediately notify the board of assessors and such assessors will name an arbitrator to represent the city, and should such two arbitrators fail to agree upon a value, they will then name the third man, and the three of them will have the right to subpoena witnesses for the purpose of procuring such information as may be necessary to arrive at the true value of such property, which hearing will be had and the decision made by such arbitrators within twenty (20) days from the date of the selection of the third arbitrator. Arbitration of assessment. (e) That the decision of such arbitrators when made up shall be filed with the city clerk and treasurer, and attached to the return of the tax payer, and shall then become final as to the value of such property for that year. Decision final. (f) That the posting or mailing of any notice provided for herein in a correctly addressed stamped envelope or card shall be full compliance with the foregoing requirements relative to the giving of notice. Notice. (3) To levy and collect Street or Capitation tax on all residents of the city, not to exceed three ($3.00) dollars on each and every male person between the ages of 18 and 50 years, except licensed Ministers of the Gospel who are in the regular discharge of ministerial duties, and in charge of one or more churches, and except all persons who have lost one or more legs, or arms; provided that any persons so taxed shall have the opportunity to work the streets in the said city, and may be relieved of the payment of said tax by working on the streets for six days under the control and direction of the city marshal, or other officers of the

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said city, and upon the failure of payment of the said street tax, or the failure to work the streets as provided in this section, persons so offending, after five days notice, may be sentenced to work on the streets of the said city for a sufficient time to pay all of the tax so assessed against them at the rate of fifty cents ($0.50) per day if the city provides rations, and one ($1.00) dollar per day if the party provides rations, upon conviction before the recorder. Street tax. Street work by defaulters. (4) The Board of Commissioners of the City of Americus shall have the power and authority to license, regulate and control all taverns, hotels, cafes, restaurants, boarding houses, livery stables, hacks, drays, and other vehicles; auctioneers, vendue masters, itinerant shows, theatre performances, shows, circuses and exhibits of all kinds; lightening-rod dealers, immigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling or itinerant vendors of articles, goods, wares and merchandise of any nature whatsoever; all kinds of billiard tables, pool or tables kept for public use; all kinds of shooting galleries, ten-pen alleys, and all keepers of any other stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivance; all kinds of flying-horses, bicycles, velocipedes, automobiles and accessories and skating rinks; insurance agents or life and flre insurance agents and companies, brokers and dealers in future or officers and agents for any other business or calling whatever; all kinds of slaughter houses, beef markets, green groceries or dealers in fish, oysters, vegatables, fruit, breads, and other articles of foods, of every junk shop and pawn broker, of all trades, business callings, professions and all labor pursuits, sales which are legal subject of taxation as they may be deemed expedient and may enforce payment of same by license or direct tax, in such manner as the commissioners created herein may determine to the best and most advantageous; also to impose, assess and collect taxes on all capital invested in the said city, on stocks of corporations, choses in action, and on such incomes and commissions derived from the pursuit of

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any profession, faculty, trade or calling; banks, railroads, insurance and express and other corporations, associations and agencies, and all other property and sources of profit as are not expressly prohibited or exempt by the laws of the State or the United States; but all taxation on property shall be uniform on the same class of subjects, and ad valorem on all property subject to be taxed in the said city, and the power and authority to raise by assessments and taxes revenue for all lawful city purposes and powers herein defined, and for all objects and purposes for which revenue may be raised now or hereafter by law for said city. License taxes on occupations. (5) If there is a deficiency for the purpose of paying the ordinary current expenses in the levy hereinbefore provided for of the said City of Americus, as defined in section 865 of the Code of Georgia for 1910, the said City of Americus is empowered and authorized, when approved by two-thirds of the legal voters of said City of Americus, as provided for in section 867 of Park's Code of Georgia 1914, to levy and collect an ad valorem tax upon all the property located in the said City of Americus and subject to taxation under the laws of the State and the United States as hereinbefore specified, and as provided under the laws of the State of Georgia of not exceeding five (5) mills upon the value of the said property for each of the years Anno Domini 1923 and 1924, and an ad valorem tax not exceeding five (5) mills annually thereafter for the same purpose. Tax for deficiency in revenue. The money arising from licenses, street tax, fines, forfeitures and costs in recorder's court shall first be applied to the payment of current expenses of the said City of Americus, (as above defined) and if there should be deficiency such deficiency shall be supplied by the tax money raised as herein provided. Application of tax moneys. (6) To impose special or local assessments for local improvements and enforce payment thereof, subject, however, to the limitations prescribed by the constitution of Georgia as may be in force at the time of the imposition of such special or local assessments. Assessments for improvements.

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(7) Subject to the provisions of the constitution of Georgia, and in compliance with the laws of Georgia, said city has the right to contract debts, borrow money, make and issue bonds, and other evidences of indebtedness. Also to issue bonds from time to time for the purpose of refunding any of its outstanding bonds, and provide for the repayment of principal and interest, and a sinking fund therefor. Debts. Bonds. (8) To expend money of the said city for all lawful purposes; to acquire by purchase, gift, devise, condemnation or otherwise property real and personal, or any estate or interest therein, within or without the city or state, and for any of the purposes of the city, to hold, improve, sell, lease, pledge or otherwise dispose of the same or any part thereof; to make and maintain public improvements of all kinds, including municipal and other public buildings, armories, markets and all buildings and structures necessary or appropriate for the use of the departments of fire and police. Sundry powers. (9) To furnish all local public service; to purchase, hire, construct, own, maintain and operate or lease public utilities, to acquire by condemnation, or otherwise, within or without the corporate limits, land and property necessary for such purposes. Public service. (10) To continue in force all provisions of the Acts of the legislature for the year 1889, wherein the new charter for Americus was adopted, page 961, section 30 et seq., and the Acts amendatory thereof, providing for the construction, ownership, operation and maintenance of a system of water works and sanitary sewerage for the said city with the power to compel the lot-owners to connect with the said sewerage or sewers, with the right and authority to purchase or condemn any property within or without the said city that may be necessary for either of the said public works. In case it shall become necessary to condemn any property under this section or for any of the public works, the proceedings shall be the same as set out in section 3, subdivision 11 of this charter. Water-works and sewers; powers of force.

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(11) To have full control and power over the streets, alleys, sidewalks, lanes, parks and squares in the said city, and to remove obstructions therefrom, as is generally exercised and granted to municipal corporations, and to make, open, grade, repair, lay out, widen, straighten or otherwise change streets, sidewalks, parks, alleys, squares and bridges of the said city, and to light the same. Streets, etc. Whenever the Commissioners of Americus shall exercise the power herein delegated and shall fail to agree with the owner, or owners, of the property as to the amount of the damage, the said Commissioners of Americus shall choose one appraiser and the owner, or owners, of the land shall choose one appraiser, and the two thus chosen, if they fail to agree shall elect another appraiser, and the three (3) appraisers thus chosen, after being sworn to do justice to the parties, shall fix the damage to the owner, or owners, of the property by the opening or laying out, or changing of the street, sidewalk, alley or square or other damage as the case may be; and if the property owner after five (5) days notice shall fail to name or appoint an appraiser, the city clerk and treasurer shall appoint one for him, and in any case when the appraisers chosen shall for the space of five (5) days fail to agree on the third appraiser, the said city clerk and treasurer shall appoint such appraiser; provided, that the said appraiser when chosen by the parties, or appointed by the said city clerk and treasurer, shall be citizens of the city. The award of the appraisers shall be in writing and shall be filed within five (5) days in the clerk's office of the Superior Court of Sumter County, Georgia, and shall thereon operate as a judgment, and execution may issue thereon. Either party may, within (10) days from the filing of the award enter an appeal to the Superior Court of Sumter County. All costs, including the fees of the appraisers shall be paid by the City of Americus; and at any stage of the proceedings to condemn, before or after the final award, the Commissioners of the City of Americus may by paying the property owner, or owners, all expenses they have actually incurred withdraw the proceedings

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or decline to take the property or to make the change in such street, alley, sidewalk, park or square. Condemnation. Appraisement of property. (12-a) Subject to the provisions of the Constitution of the State of Georgia and of this Act, to grant franchises for public utilities. Franchises. (12-b) The Board of Commissioners of the City of Americus shall have full power and authority to establish and fix such a system of grading and drainage, laying paving, and constructing of sidewalks, streets, curbing and guttering in the said city as may be deemed proper and shall have the power to compel the owners, or lessees of property to construct and keep in good order the sidewalks in front of their property. If an owner, or lessee shall fail to comply with the requirements of the Commission of said city in this regard, work shall be done under the direction of the city manager, and an execution shall issue for the costs and expenses thereof against such owner, or lessee, to be collected as other executions collected by the clerk and treasurer. Grading, drainage, sidewalks. (13-a) That the Commission of the City of Americus shall have the power either to establish, lay out, open, widen, extend, grade, improve, construct, maintain, light, sprinkle, and clean public highways, streets, alleys, sidewalks, boulevards and park ways; to pave and keep in good order and repair roads, streets, alleys, sidewalks, cross walks, drains and gutters for the use of the public or any other citizen thereof; to alter or close the same; to establish and maintain parks, playgrounds and other public grounds, to construct, maintain and operate bridges, viaducts, sub-ways, tunnels, sewers and drains and to regulate the use of all such highways, parks, public grounds and works; to plant and maintain shade trees along the streets and highways; to abolish and prevent grade crossings over the same by railroads; to require any railway or street railway company to pave, repave or repair any portion of the street occupied by its tracks, within the tracks and two feet beyond the same, and to properly ballast same; to pave, repave and repair any

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portion of a street or sidewalk, occupied by its highway; to regulate the width of sidewalks or streets, or to order the sidewalks, footwalks, cross walks, drains and gutters to be curbed or paved and put in good order, free and clean by the owners and occupants thereof, or of the real property next adjacent thereto; to regulate the operation and speed of all cars and vehicles using the same, as well as the operation and speed of all engines, automobiles, motorcycles, cars and trains on railroads within the city; to regulate the services to be rendered and rates to be charged by busses, motor cars, cabs and other vehicles for the carrying of passengers, and by vehicles for the transportation of baggage; to require all telephone and telegraph wires and all wires and cables carrying electricity to be placed in conduits under the ground and prescribe rules and regulations for the construction and use of such conduits, and to do all other things whatsoever adapted to make said streets and highways safe, convenient and attractive; to prevent injury to anyone, to the public, or individuals from anything dangerous, offensive or un-wholesome, to prevent hogs, cows, horses, sheep, dogs and other animals and fowls of all kinds from going at large in the said city; to protect places of Divine worship in and about the premises where it is held; to regulate the keeping of gunpowder and other combustibles; to provide in the said city, in or near same, places for the burial of the dead; to regulate the interments therein; to provide for the drainage of lots by the proper drainage and ditches; to make regulations for guarding against danger of damage by fire; to protect the property and persons of citizens in the said city, and to preserve peace and good order therein; to prescribe and define the duties of officers appointed by the Commissioners of the City of Americus; to fix the term of service and compensation, and take from them bonds when it is deemed necessary, payable to the Commissioners of the City of Americus, with such securities and in such penalty as the Commissioners of the City of Americus may see fit conditioned for the faithful discharge of their duties; to erect

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or authorize or prohibit the erection of gas works, water works or electric light works in the said city; to prevent injury to or the pollution of same or to the water or health of the said city; to regulate and provide for the weighing of hay, coal, and other articles sold or for sale in the said City of Americus; to provide a revenue for the said city, and to appropriate the same to its expenses; to organize a chain-gang or work-gang to work on the streets of the said city, and for sanitary purposes shall have the power to drain and keep clean of any obstructions, Muckalee creek and its tributaries in the said city, and for the distance of one mile from the corporate limits in every direction, and to this end may pass all necessary rules regulating and may pass ordinances and adopt rules and regulations for the government of its own body. Regulatory powers as to streets, parks, bridges, vehicles, etc. (13-b) To collect and dispose of sewerage, offal, ashes, garbage, carcasses of dead animals, and other refuse, and to acquire and operate reduction and other plants for the utilization or destruction of such materials or any of them, and to contract for and regulate the collection and disposal thereof. Disposal of refuse. (13-c) To compel the abatement and removal of all nuisances within the city, or upon property owned by the city beyond its limits; to require all lands, lots and other premises within the city to be kept clean, sanitary and free from weeds, or to make them so at the expense of the owners or occupants thereof; to regulate and prevent slaughter houses, or other noisome or offensive businesses within the city, the keeping of animals, poultry, or other fowls therein, or the exercise of any dangerous or un-wholesome business, trade or employment therein; to compel the abatement of smoke and dust and prevent un-necessary noise therein; to regulate the location of stables and the manner in which they shall be kept and constructed, and generally to define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the city. Nuisances.

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(13-d) To extinguish and prevent fires, and to compel citizens to render assistance to the fire department in case of need, and to establish, regulate and control a fire department or division; to regulate the size, material and construction of buildings; to remove or require to be removed any building, structure or addition thereto which by reason of dilapidation or other causes may have become dangerous to life or property; and to establish and designate from time to time, fire limits. Fire control. (13-e) To provide for the care, support and maintenance of children, and of the aged, sick, insane, poor persons and paupers. Poor. (13-f) To organize and administer public schools and libraries; but nothing in this Act shall give the Commission herein created the power to abolish or discontinue the Board of Education of the Public Schools of Americus as now and heretofore organized and functioning in the administration and maintenance of the Public Schools of Americus, and the said Board of Education for the Public Schools of Americus shall continue in existence with the powers and duties heretofore existing, provided said board of commissioners shall elect the members of the board of education, and mayor shall be ex-officio a member of the board of education. Schools and libraries. (13-g) To provide and maintain either within or without the city, charitable, recreation, curative, corrective, detention or penal institutions. Institutions. (13-h) To provide for the general preservation of the health of the inhabitants of said city, make regulations to secure the same; inspect all food and food-stuffs and prevent the introduction and sale in said city of any article or thing intended for human consumption which is adulterated, impure, or otherwise dangerous to health; and to condemn, seize and destroy, or otherwise dispose of any such article or thing; to prevent the introduction or spread of disease, contagious or infectious; to provide and regulate hospitals, and to enforce the removal of persons afflicted

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with contagious or infectious disease to hospitals provided for them; to abolish the present board of health and to provide for the organization of a department or bureau of health, to have powers of the board of health, subject to be added to, diminished or altered by the Commission, with the authority necessary for the prompt and efficient performance of its duties; to establish a quarantine ground within or without the city limits, and such quarantine regulations against contagious and infectious diseases as the Commission may see fit. Health and sanitation. (13-i) To acquire and maintain cemeteries for the interment of the dead, and to make and enforce all necessary rules and regulations for the protection and use thereof, and generally to regulate the burial and disposition of the dead. Cemeteries. (13-j) To continue in force all provisions of the Act of the Legislature of Georgia in the Acts of 1889, page 961, et seq., and the Acts amendatory thereof providing power and authority to grade, curb, pave and repair the streets, sidewalks, and cross walks of the said city, and to assess against the property next to and adjacent to such streets, sidewalks, or cross walks as may be curbed, repaired, paved or repaved; and the owners and lessees thereof the entire cost of such curbing, grading, repairing, paving or repaving sidewalks and curbing and guttering, and one-third of the cost of so much of such pavement of the street as lies next and adjacent to such property situated on such street or cross walk according to the frontage; and especially continue in force all provisions of the Act of the legislature on the said subject as contained in the Acts of 1906, page 508 et seq., being an Act to amend an Act entitled an Act to revise and consolidate the several Acts grantin corporate authority to the City of Americus to confine additional powers in the Mayor and City Council of Americus, wherein and whereby section 29 of the said Act, approved November 11th, 1889 touches the corporate authority of the City of Americus with reference thereto; also to continue in force the Acts of the Legislature of Georgia amending the City

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charter of Americus, as set out in the Acts of 1913, page 490 et seq., being an Act to amend an Act approved August 18th, 1906, amending section 29, in the charter of the City of Americus as provided in an Act approved November 11th, 1889, providing for the paving of the streets, sidewalks and alleys and the assessment for the paving of same, and the enforcement of the payment of the assessment. That the said Commission of the City of Americus and their successors in office are hereby empowered to enforce the payment of the assessments provided for in this Act against the property next to or adjacent to such streets, or sidewalks, and against the owners and lessees thereof, as provided in sections 32 and 40 of this Act, provided however, that to an execution issued as provided in this or any other section of this charter, the defendant shall have the right to file an affidavit of illegality denying the whole, or any part of the debt is due, or the amount for which the fi fa was issued is due, together with the reason why it is not due, and stating what amount is admitted to be due, which amount so admitted shall be paid before the said affidavit shall be received, and the said affidavit shall be received by the sheriff of Sumter County for the balance due and such affidavit so received, together with such execution shall be returned to the Superior Court of Sumter County, Georgia, and there tried and the issues determined as in other cases of illegality subject to all the pains and penalties provided by law in cases of illegalities filed for delay. Powers continued as in act of 1889. Act of 1906. Act of 1913. (13-k) To exercise full police powers and establish and maintain a department of police; authority to establish police rules and regulations; to pass any laws and ordinances not in conflict with the Constitution and Laws of Georgia which tend to promote the health, safety, good order, morality of the inhabitants of the said City of Americus and citizens thereof. Police powers. (13-l) To abolish the present Board of Police Commissioners, as provided for by the Act of the Legislature of

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Georgia in the Acts of 1889, page 961 et seq., entitled an Act to amend, revise, consolidate several Acts granting corporate authority to the City of Americus and confer additional powers on the Mayor and City Council of the said City, and to extend the corporate limits of the said City, and for other purposes; and especially Section 45 of the charter of the City of Americus which is found on page 973 of the Acts of 1889, and as provided by the said amendments to the said Act of 1889 referred to herein as contained in the Acts of the Legislature of Georgia of 1902, page 302, et seq. entitled, An Act to amend section 45 of the charter of the City of Americus approved November 11th, 1889 so as to make the Police Commission of Americus elected by the people; to change the number of the said Police Commission from five to four, and to make the Mayor of the City of Americus a member of the said Board of Police Commission, and chairman thereof, and for other purposes. Abolishment of police board. (13-m) To make and enforce all ordinances, rules and regulations necessary or expedient for the purpose of carrying into effect the powers conferred by this charter, and to provide and impose suitable penalties for the violation of such ordinances, rules and regulations, or any of them by a fine not to exceed two hundred fifty ($250.00) dollars, or imprisonment for not exceeding (90) days, or both. Ordinances. The enumeration of particular powers in this charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein and implied hereby or appropriated to the exercise thereof, and the said City shall have and exercise all other powers which it now possesses, and enjoys and not inconsistent or in conflict with the powers herein expressed; and also such other powers as may be expressed and enjoyed by cities under the Constitution and general laws of Georgia. Expressed powers not exclusive. Sec. 4. The present form of government of the City of Americus is hereby abolished, and the offices of Mayor and City Council, and all other offices and Boards of said city,

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created by legislative enactment, except as herein otherwise provided for and preserved, and hereby abolished. Form of government abolished. Sec. 5. There is hereby created a Commission which shall have full power and authority, except as herein otherwise provided, to exercise all the powers conferred upon the City, and, except as otherwise provided by this Act, or by the General Laws or Constitution of Georgia, the Commission shall have and possess and shall exercise, subject to the provisions of this Act, all the authority and power executive, administrative, legislative and judicial, now had, possessed and exercised by the Mayor and City Council, or any committee thereof, and the Commission may, subject to the provisions of this Act, by ordinances or resolutions, prescribe the manner in which any power of the City shall be exercised. Commission created. Sec. 6. The Commission shall consist of five (5) members, who shall be elected on a general ticket at large and shall serve for a term of three years from the first Monday in January in each year next following the date of their election and until their successors shall have been duly elected and qualified, provided that at the first election hereunder the five persons elected shall respectively hold office for respective terms, one for one year, two for two years, and two for three years, said respective terms to be determined by lot among themselves. Election of five members. Sec. 7. Each member of the said Commission for the last two years immediately prior to his or her election shall have been a qualified voter of the City of Americus and at least twenty-five (25) years of age, and during his or her term of office shall continue to be a resident of the said City of Americus and a qualified voter thereof. No person holding the office of Commissioner shall hold any other public office or public employment, except that of a Notary Public, or that of the State Militia; provided that at the first two elections for Commissioner women who have been residents of the City of Americus for two years prior to the election, and who are otherwise qualified, may be eligible to the office of Commissioner. Eligibility as commissioner.

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No candidate shall expend any money or promise any money, office, employment or other thing of value to secure a nomination or election; provided, however, he may make the announcement of his candidacy in a newspaper. Expenditure or promise forbidden. A violation of any of these provisions shall disqualify a candidate from holding office, if elected, and the person receiving the next highest number of votes who has observed the foregoing conditions shall be entitled to the office. Penalty. Sec. 8. Any vacancy in the City Commission, except as otherwise provided in this Act shall be filled by the remaining members, at least three (3) members participating in the election. If such vacancy occurs within thirty (30) days of a regular election for Commissioner such appointee shall hold office until the first Monday in January after the second regular election for Commissioner held after the appointment, and at which election a Commissioner shall then be elected to fill the remainder of the unexpired term caused by the vacancy. If such vacancy occurs more than thirty (30) days prior to the next regular election, then such appointee of the Commission shall hold office until the first Monday in January after the next regular election for Commissioner, at which election a Commissioner shall then be elected to fill the remainder of the unexpired term caused by the vacancy. Vacancy in city commission, how Illed. If by reason of the resignation, death, failure to elect or other circumstances, three or more vacancies exist or occur at the same time in said City Commission, or if the said Commission fails to fill any vacancy within ten (10) days after the same occurs, then the Judge of the Superior Court of Sumter County, Georgia, is hereby authorized and directed to make such number of appointments as may be necessary to constitute a City Commission of three (3) qualified members, which three qualified members shall at once proceed to fill the remaining vacancies as hereinbefore provided, such appointee of the Judge of the Superior Court of Sumter County, Georgia, to serve for such time as

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the appointee would have served had the appointment been made by the Commission herein provided. Appointment. Sec. 9. Each of the said Commissioners, except as hereinafter provided, shall receive a salary of Two Hundred and Forty ($240.00) Dollars per year, payable in equal monthly installments. Salaries of commissioners. Sec. 10. The City Commission shall at the time of organization elect one of its members as Mayor for the term of one year. In case the members of the Commission, within five (5) days after the time fixed for their organization meeting, are unable to agree upon a Mayor of said Commission, then the Mayor shall be elected from all the members of said Commission by lot, conducted by the City Attorney, who shall certify the result of said election upon the journal of the Commission. Mayor. The Mayor shall preside at all meetings of the Commission and perform such other duties consistent with the office as may be imposed by it, and shall have a voice and vote in its proceedings, but no veto. The Mayor may use the title of Mayor in any case in which the execution of legal instruments of writing or other necessary acts arising where the General Laws of the State or provisions of the present charter of Americus, not conflicting with this Act so require, but this shall not be construed as conferring upon the Mayor the administrative or judicial functions of a Mayor under the general laws of the State. In case of absence, death, sickness, or disability from any cause, the Mayor shall be unable to act, then any other Commissioner designated by the remaining Commissioners may discharge the duties and functions of the Mayor. Mayor's duties and powers. Absence. The Mayor of the City shall be recognized as the official head of the city by the Courts for the purpose of serving civil process, by the Governor for the purpose of military law, and for all ceremonial purposes. In times of danger or emergency, the Mayor may, with the consent of the Commission, take command of the police and govern the City by proclamation and maintain order and enforce laws. Official head.

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Sec. 11. Except for the purpose of inquiry, the Commission and its members shall deal with the administrative service through the City Manager and neither the Commission nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. Administration through city manager. Sec. 12. All appointments and elections by the Commission shall be vive voce and this vote recorded in the Journal of the Commission. The Commission may determine its own rules of procedure, may punish its members for misconduct, and may compel the attendance of members in such manner and under such penalies as may be prescribed by the Commission. It shall keep a Journal of its proceedings. A majority of all the members of the Commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. No person elected to the Commission shall during the term for which said person was elected, be elected to any other position or office of trust or profit under the City Government. Procedure by commission. Sec. 13. The Board of Commissioners shall elect a City Manager. Upon the nomination of the City Manager, a City Clerk and Treasurer, a Chief of Police, a Chief [Illegible Text] Fire Department, a City Attorney, and at its pleasure, a Recorder of the Mayor's Court of Americus. City manager and other officers. Sec. 14. On the first Monday in January in each year next following the regular municipal election, the Commission shall meet at the usual place for holding meetings of the legislative body of the City, at which time the newly elected Commissioners shall assume the duties of their office. Thereafter the Commission shall meet at such time as may be prescribed by ordinance or resolution, provided that it shall hold at least two regular meetings every month. Meetings of commission. The Mayor of the Commission, any member thereof, or the City Manager, may call special meetings of the Commission at any time upon at least twelve (12) hours written notice to each member, served personally, or left at the usual

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place of business, or residence of such member; or such meeting may be held at any time without notice, provided all members of the Commission attend, All meetings of the Commissioners shall be public, and any citizen may have access to the minutes and records thereof at all reasonable times. Sec. 15. For each absence of a Commissioner from a regular meeting of the Commissioners there shall be deducted from the pay of such Commissioner the sum of Five ($5.00) Dollars for each absence, provided, however, such deduction shall not exceed the monthly compensation. The absence from five (5) consecutive regular meetings shall operate to vacate the seat of the Commissioner so absent, unless the absence is excused by the Commission by resolution setting forth the reason therefor, and entered upon the Journal. Absences. Sec. 16. Except in dealing with questions of parliamentary procedure, the Commission shall act only by ordinance or resolution, which shall be introduced in writing and all ordinances, except ordinances making appropriations or authorizing the contracting of indebtedness, or issuance of bonds, or other evidences of debt, shall be confined to one subject which shall be clearly expressed in the title. Ordinances and resolutions, requirements relating to. Ordinances making appropriations or authorizing the contracting of indebtedness, or the issuance of bonds or other obligations and appropriating the money to be raised thereby shall be confined to those subjects respectively. Nothing herein shall be construed to prevent the Commission from authorizing in and by the same ordinance the making of any one public improvement, and the issuance of bonds therefor. The enacting clause of all ordinances passed by the Commission shall be, Be it ordained by the Commission of the City of Americus.

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No ordinance, unless it be an emergency measure, shall be passed until it has been read at two regular meetings not less than one week apart, or the requirement of such reading has been dispensed with by the affirmative vote of four of the members of the Commission. No ordinance or section thereof shall be revised or amended by its title or section number only, but the new ordinance shall contain the entire ordinance or section as revised or amended. The Ayes and Nays shall be taken upon the passage of all resolutions or ordinances and be entered upon the Journal of the proceedings of the Commission, and every ordinance or resolution shall require on final passage the affirmative vote of at least three of the members. No member shall be exempt from voting except on matters involving the consideration of the official conduct of such member, or when the financial interests of such member are involved. Sec. 17. All ordinances and resolutions passed by the City Commission shall, except as by this Act otherwise provided, be in effect from and after thirty (30) days after the date of their passage, except that the City Commission may, by an affirmative vote of four (4) of its members, pass emergency measures to take effect at the time indicated therein. Effective when. 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. Emergency measures. Ordinances appropriating money may be passed as emergency matters, but no measure making or granting the renewal or extension of a franchise or other special privilege shall ever be passed as an emergency measure. Appropriations of money.

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Sec. 18. Every ordinance or resolution upon its final passage shall be recorded in the book kept for that purpose, and shall be authenticated by the signatures of the presiding officer and the City Clerk and Treasurer. Record. Every ordinance of a general or public nature shall be published (unless waived by the unanimous consent of the Commissioners) in full once within ten (10) days after its final passage in a newspaper, or newspapers, of general circulation published in the municipality, and where legally permissable, such publication shall be made but once, provided that the foregoing requirements as to publication shall not apply to ordinances re-ordained in or by a general compilation or codification of ordinances printed by authority of the Commission. Publication. A record or entry made by the City Clerk or a copy of such record or entry, duly certified by such Clerk, shall be prima facie evidence of the terms of the ordinance and its due publication. Evidence. All ordinances and resolutions of the Commission may be read in evidence in all the Courts and in all other proceedings in which it may be necessary to refer to them when certified and authenticated in the manner required by the general laws of Georgia. Sec. 19. The City Manager shall be the administrative head of the municipal government. Such manager shall be chosen by the Commission without regard to political beliefs and solely upon the basis of the executive and administrative qualifications of such person. The choice shall not be limited to inhabitants of the City or State. City manager, choice of. The City Manager shall receive such compensation as shall be provided by the Commission by ordinance, provided that at its organization meeting the Commission may fix for not longer than thirty (30) days the salary of the City Manager by resolution and thereafter by resolution for each thirty (30) days until the ordinance fixing said salary can be and is legally passed. Compensation.

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The City Manager shall be appointed for an indefinite period and shall serve at the pleasure of the Commission. During the absence or disability of a City Manager, the Commission shall designate some properly qualified person to perform the duties of City Manager. Indefinite term. The City Manager shall be elected at the organization meeting of the Commission or as soon thereafter as possible and thereafter whenever there may be a vacancy in the office. Election Vacancy. The said City Manager shall be required to give bond for the faithful discharge of his duties in the sum of Twenty Thousand ($20,000.00) Dollars with some bonding company regularly accorded to do business in the State of Georgia as security thereof to the City of Americus, and the premium on such bond shall be paid by the City of Americus. Bond of manager. Sec. 20. The City Manager must devote all of his working time and attention to the affairs of the City, and shall be responsible to the Commission for the efficient administration of all the affairs of the City. Manager's duties and powers. The City Manager shall have power and it shall be his duty: (a) To see that all laws and ordinances are enforced. (b) To appoint a City Marshal, and a Superintendent of Public Works, subject to the confirmation by the Commission, and to appoint and employ all other necessary employees of the City without confirmation by the Commission excepting from the power of appointment by the City Manager those officers whom this Act provides for appointment by the Commission. (c) To remove heads of departments and other employees, except the City Clerk and Treasurer, the Chief of Police, the Chief of the Fire Department, the City Attorney, and the Recorder of the Mayor's Court without the consent

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of the Commission and without assigning any reason therefor, except that in case of the removal of the head of any department, the City Manager shall state to the Commission in writing the cause of such removal; provided, nothing herein shall operate to confer upon the City Manager supervision and control over the Board of Education of Americus, and the Bond Commissioners of the City of Americus; and provided further that the City Manager shall have no supervision and control over the City Hospital, other than may be specifically delegated by the Commission. (d) To exercise supervision and control of all departments and all divisions created herein or that may be hereafter created by the Commission, except as otherwise provided in this Act. (e) To attend all meetings of the Commission with the right to take part in the discussions, but have no vote. The City Manager shall be entitled to notice of all special meetings. (f) To recommend the Commission for adoption of such measures as he may deem necessary or expedient. (g) To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof, call the same to the attention of the City Attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce same. (h) To make and execute all lawful contracts on behalf of the City, except such as may otherwise provided by law or by ordinance passed by the Commission, provided that no contract, purchase or obligation involving over Five Hundred ($500.00) Dollars shall be valid and binding until after approval by the Commission. (i) To act as Budged Commissioner and as such to prepare and submit to the Commission prior to the beginning

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of each fiscal year, which shall be from January first to December thirty-first of each year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts alloted to such department of the City Government, and the reasons for such estimated expenditures and especially said budget shall contain a detailed and summarized statement of the following matters: (1) Total assessed property valuation of the city. (2) Public debt of the city, floating and bonded; and the annual interest charges thereon. (3) Detailed and summarized statement and estimate of all anticipated revenues of the City for the ensuing fiscal year, classified as to sources. (4) Total expenditures of the city during the previous fiscal year, classified for each department, agency and institution. (5) A complete plan of proposed expenditures for the ensuing fiscal year, so classified as to exhibit clearly the items of expenditure 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. (6) A statement or balance, showing aggregate of proposed expenditures and estimated revenues for the ensuing fiscal year; and such other statements and information as may be necessary for an intelligent consideration and determination of and concerning the proposals and estimates as made in said budget. (j) To keep the Commission at all times fully advised as to the financial condition and needs of the city, and shall furnish them monthly or trial balance of the accounts of the City by furnishing a copy to each Commissioner.

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(k) To 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 Clerk and Treasurer of the City in the official newspaper. (l) To fix all salaries and compensation of City employees not otherwise provided by this Act, subject, however, to supervision, control or disapproval by the Commission. (m) To perform all such other duties as may be prescribed by this Act or required by the City Manager, by ordinance or resolution of the Commission. Sec. 21. The City Commission shall appoint, elect and fix the compensation of the City Attorney upon recommendation of the City Manager, to hold office for the term of each fiscal year, but subject to removal at the pleasure of the Commission. Attorney for city. The City Attorney shall be elected and appointed by the City Commission at their first regular meeting after the first Monday in January in each year. The City Attorney shall act as the legal advisor and counsel to the municipality and all its officers in matters relating to their official duties. The City Attorney shall prepare all contracts, bonds and other instruments in writing in which the municipality is concerned, and shall endorse on each approval of the form and correctness thereof, and no such written contracts with the municipality shall take effect until the approval of the City Attorney is endorsed thereon. The City Attorney, or his assistant shall be the prosecutor or prosecutors, in any public or municipal court, and shall perform such other duties and shall have such assistants and clerks as the City Commission may authorize.

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In addition to such duties, the City Attorney shall perform such other duties as may be required by the City Commission, as well as such as may be required of City Attorneys by the general laws of the State applicable to municipalities. Sec. 22. The Police Department shall be under the direct management of the Chief of Police, elected by the Commission on the recommendation of the City Manager, and to hold office at the pleasure of the Commission. The compensation of the Chief of Police shall be fixed by the City Manager, subject to the approval of the Commission and the salaries of the other officers of the police department, as well as the other employees shall be fixed by the City Manager, subject to the approval of the Commission. The police department shall be charged with the enforcement of the laws and ordinances of the City of Americus, and to this end shall co-operate with the City Manager. Police department. Chief of police. Sec. 22-A. The Fire Department shall be under the direct management of the chief of the Fire Department elected by the Commission upon the recommndation of the City Manager. And to hold office at the pleasure of the Commission. The compensation of the Chief of the Fire Department shall be fixed by the Commission and the salaries of the other officers and employees of the Fire Department shall be fixed by the Chief of the Fire Department, subject to the approval of the Commission. All officers and employees of the Fire Department shall be elected and appointed by the Chief of the Fire Department, subject to removal for causes by the Chief of the Fire Department, or if he fails to act, then by the City Manager. The Fire Department and the Chief shall at all times be subject to the supervision and control of the Commission, and the Department shall be charged with the duty of preventing and fighting fires, the enforcement of laws and ordinances designated to prevent fires and with such other duties as may be assigned to the department by the Commission. Fire department. Chief and other employees.

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All purchases for the Fire Department must be made by the City Manager. The Chief of the Fire Department and the City Manager shall co-operate in their respective duties for the advancement of an efficient and economical administration of the affairs of the City. Sec. 23. The Commission shall, at their organization meeting and as soon as they shall qualify, or as soon thereafter as practicable, elect a City Clerk and Treasurer. Clerk and treasurer. The City Clerk and Treasurer shall discharge all duties heretofore imposed by Legislative Act upon and discharged by the City Clerk and Treasurer of the Mayor and City Council of the City of Americus, which latter office is hereby abolished, and whenever in the form of any writ, execution of official paper the words and name Clerk and Treasurer of the City Council of Americus have appeared and been used, then the words, City Clerk and Treasurer shall in the future, on and after the organization meeting of the Commission herein created, be substituted and used. Duties. The City Clerk and Treasurer shall be at least twenty five (25) years of age. The City Clerk and Treasurer shall hold office at the pleasure of the Commission, and shall give a bond for the faithful discharge of his duty as such in the sum of Twenty Five Thousand $25,000.00) Dollars with some bonding company regularly accorded to do business in the State of Georgia as surety thereof, to the City of Americus, and the premium on such bond shall be paid by the City. Bond. The City Clerk and Treasurer shall devote his entire working time to the duties of his office, and shall receive such salary as the Commission shall fix. Salary. He shall attend all meetings of the Commissioners, and keep accurate minutes of their proceedings; he shall keep in his office seal of the city, all oaths taken by, and all bonds given by the officers and employees, except bond of Clerk and Treasurer, City Manager's bond, which bonds to be

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filed with and kept by the Commissioners and shall keep a record of all elections and appointments to office and perform such other duties as may be provided by this Act, or as may be imposed by the Commissioner not inconsistent herewith. Duties. Sec. 24. The Commission, upon the recommendation of the City Manager may at their convenience elect a Recorder of the Mayor's Court of Americus, in accordance with the power now conferred on the Mayor and City Council of Americus, and the Recorder shall have all the powers and duties now fixed by law for the Recorder of the Mayor's Court of the City of Americus, and with the addition of such other powers and authority as may be provided by this Act. Recorder's duties and powers. The Recorder shall be ex-officio Justice of the Peace. The salary of such Recorder shall be fixed by the City Manager, subject to the confirmation of the Commission. The Recorder shall hold office at the pleasure of the City Manager, subject to the approval of the City Commission. The Recorder, Chief of Police and all other officers and officials of said Mayor's Court, shall pay into the City Treasurer all costs, fees and emoluments arising or accruing in cases where they act as justice of the peace, constables or other state officers. Sec. 25. The City Manager shall appoint, subject to the confirmation of the Commission, a City Marshal who shall hold the office at the pleasure of the City Manager. The salary of the City Marshal shall be fixed by the City Commission by resolution upon recommendation of the City Manager. Marshal's duties and powers. The City Marshal shall discharge and perform the duties now prescribed for the City Marshal under the present form of government of the City of Americus, and as prescribed by the general laws of the State of Georgia, and such other duties as may be prescribed for his office by the City Commission,

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or required of him by the City Manager. A City Marshal is subject to rule as provided by sections 911-912 of Parks Code of Georgia, or as may hereafter be prescribed by law. The City Marshal has authority and is hereby given the same, to transfer and assign all executions issued for the general tax assessments, local assessments, such as streets, side-walks, curbs, gutters, sewers, or other like assessments, and such assignment shall vest in the transferee the same right as the City of Americus had, and the transferee shall be entitled to the machinery of the City of Americus for collection of same. The City Marshal shall be required to give a bond, payable to the City of Americus Commission, in the sum of Ten Thousand ($10,000.00) Dollars for the faithful discharge of his duties, and the delivery of all funds collected by him, in some good security or bond company accorded the privilege of operating in the State of Georgia, as provided by law. The premium on said bond to be paid out of the Treasury of the City of Americus. Sec. 26. The City Manager shall appoint, subject to the confirmation of the Commission, a Superintendent of Public Works, and the salary of such Superintendent shall be fixed, on the approval of the City Manager, by the City Commission, by a suitable resolution. Superintendent of public works. The duties of the Superintendent of Public Works shall be those prescribed by the City Manager. Sec. 27. The City Manager shall be the Purchasing Agent for the City, by whom all purchases of supplies and all contracts for printing shall be made, and he shall approve all vouchers for the same, provided that all contracts or agreements made by him requiring the expenditure of money to the amount of Five Hundred ($500.00) Dollars, or more, shall be first approved by the City Commission. In the capacity of Purchasing Agent, he shall conduct all sales of personal property which the Commission may authorize sold, and which have become unnecessary or unfit

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for the city's use. All purchases and sales shall conform to such regulations as the City Commission may from time to time prescribe, but in any case if an amount in excess of Five Hundred ($500.00) Dollars be involved, opportunity for competition shall be given after due advertisement thereof. Purchases and sales. Sec. 28. All administrative and judicial officers and departments of the city in existence December 1st, 1922, unless otherwise provided by this Act, shall continue until otherwise provided by the City Commission, or the City Manager, and all administrative and judicial officers and boards in charge of any administrative department of the city shall continue in office until their successors shall have been appointed by the City Manager, or City Commissioner, as heretofore appointed by the Mayor and City Council, excepting as other provisions are made in this Act, or may hereafter be made by the City Manager, or City Commission, excepting the officers, boards, commissioners and departments herein specifically mentioned and provided for, the City Commission shall have power to establish, create, combine, consolidate, or abolish officers, offices, boards, departments, or other divisions when in its opinion the proper administration of the business of the city so requires. Officers and departments continued. Sec. 29. No member of the City Commission or any other officer or employee of the City shall directly or indirectly be interested in any contract, job, work, or service with or for the city, nor in the profits or emoluments thereof, nor in the expenditures of any money on the part of the city other than the fixed compensation of such officers, and any contract with the city in which any such officer or employee is or becomes interested, may be declared void by the Commission. Interest in contracts forbidden. No member of the City Commission, the City Manager or other officer or employee of the city shall knowingly accept any gift, frank, free ticket, pass, from any person, firm or corporation operating a public utility, or engaged in business

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of a public nature within the city, or from any person known to be endeavoring to secure a contract with the city. But this provision of this Act shall not apply to the transportation of policemen or firemen in uniform, or wearing their official badges. Gratuities forbidden. Neither the City Manager nor any person in the employ of the city under him shall take any part in securing or contributing any money towards the nomination or election of any candidate or candidates, for the office of Commissioner, excepting to answer such questions as may be put to him, and as he may desire to answer. Sec. 30. A violation of the provisions of the last two preceding sections shall subject the offender to removal from office. Penalty. Sec. 31. There shall be a Health Officer of the City of Americus, who shall be appointed by the City Manager, subject to the confirmation by the Commission, to hold office at the pleasure of the City Manager. His compensation shall be fixed by the City Manager, subject to confirmation by the Commission by appropriate resolution. Health officer. That part of section 41 of the present charter of the City of Americus, being the act approved November 11th, 1889, in the Georgia Laws of 1889, pages 961-975, providing for fixing a compensation and term of office of the Health Officer of the City of Americus, providing for the appointment of a Board of Health for the City of Americus, is hereby expressly repealed, and the said Board is hereby abolished, but all the powers and authorities now imposed upon the Mayor and City Council of Americus or the Board of Health thereof, as created by the said Act with respect to public health, sanitation and quarantine, not in conflict with this Act, are hereby preserved to the City Manager and City Commission herein created. Powers as health board. Sec. 32. All acts of the General Assembly of the State of Georgia now of force relative to or concerning the streets, alleys, or side-walks of the City of Americus, or relative to

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or concerning the paving, improving, macadamizing or curbing the same or regulating the width, or relative to laying sewers and drains, cleaning or repairing privy vaults, parking or otherwise affecting said side-walks, streets or alleys, laying water mains, water pipes or furnishing water to consumers, which are now in force, shall be and remain of full force and effect, except, however, that all powers and duties conferred and imposed by said Acts upon the Mayor and City Council of said City with respect to said streets, alleys or side-walks, parks, lanes, sewerage, and water pipes, or the regulation of same, or concerning the paving, improving, macadamizing or curbing the same, laying water mains, piper, sewerage, cleaning or repairing privy vaults, and all other acts incident to any of purposes hereinbefore expressed or implied, are hereby conferred and imposed upon the Commission by this Act created. Laws of force as to streets and sidewalks. Sec. 33. The Mayor's Court of the City of Americus as it now is under the present laws, shall continue to be the Police Court of said City, with all the rights, authority powers and jurisdiction now possessed and exercised by the Mayor's Court not in conflict with this Act, and with the addition of such other powers, authority and jurisdiction as may be created by this Act. Police court. In case of the disqualification, illness, absence from the city, or vacancy in the office of the Recorder, the Mayor, or anyone of the Commissioners may act as Recorder, and shall have all the power and authority of the Recorder while acting as such. Acting recorder. The present laws governing the taking of certiorari from the Mayor's Court of Americus shall continue in force. Certiorari. Sec. 34. All ordinances and resolutions in force at the time of taking effect of this Act, not inconsistent with its provisions, shall continue in full force and effect until amended or repealed. Ordinances of force. Sec. 35. All persons holding office at the time this Act goes into effect, and likewise all employees of the Police,

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Fire, and other departments of the city, shall continu in office or in their positions of employment, and in the performance of their duties until provisions shall have been made otherwise in accordance with this Act, for the performance or discontinuance of the duties of any such office or position of employment. When such provision shall have been made, the term of any such officer shall expire and the office be deemed abolished. The powers which are conferred, and the duties which are imposed on any officer, board or department of the City under the laws of the State, or under any city ordinance, or contracts in force at the time of the taking effect of this Act, shall, if such office or department is abolished by this Act, be thereafter exercised and discharged by the Commission, officer, board or department upon whom are imposed corresponding functions, powers and duties by this Act or by any ordinance or the resolution of the city hereafter enacted. Officers and employees continued. Sec. 36. All vested rights of the City shall continue to be vested and shall not in any manner be affected by the adoption of this Act; nor shall any right or liability or pending suit or prosecution either in behalf or against the City, be in any manner affected by the adoption of this Act, unless otherwise hereinbefore especially provided to the contrary. Vested rights and pending suits. All contracts entered into by the City or for its benefits prior to the taking effect of this Act, shall continue in full force and effect. Contracts. The public work begun prior to the taking effect of this Act shall be continued and perfected hereunder. Sec. 37. Before entering into the discharge of their duties, each of said Commissioners and all future Commissioners shall take and subscribe before some officer authorized to administer oaths, 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 Americus during my

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continuance in office; that I will discharge the duty 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 Americus, the constitution and laws of the State of Georgia, and of the United States of America; that I do further swear that I have not, either in the general election or in the party primary in which I was a candidate, directly or indirectly, expressed or implied my promise of support to any person for any office in the government of the City of Americus, nor have I influenced my election by the unlawful use of money, or other things of value, nor by the use of intoxicating liquors. 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 said office, I will be governed by my conviction as to the public good. So help me God. Oath of office by commissioners. Sec. 38. The Commission herein created or any committee thereof, shall have power at any time to cause the affairs of any department, or the conduct of any officer or employee to be investigated; and for such purposes shall have power to compel the attendance of witnesses and the production of books, papers and other documents; and for that purpose may issue subpoenas which shall be signed by the mayor, or members of the Commission making the investigation. Investigation of department or office. The authority making such investigation shall, also have power to cause the testimony to be given under oath. Evidence. If any witnesses so subpoenaed, shall fail or refuse to answer questions propounded, or shall fail or refuse to produce any such books, papers or documents, such person shall be cited by the Commission or committee of the Commission to appear before the ordinary of the county, who shall hear in a summary way, the reasons or excuses of such persons for such failure or refusal, and the ordinary shall have authority to impose such punishment as for a contempt

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as he may see proper, not to exceed a fine of one hundred ($100.00) dollars, or imprisonment not to exceed ten (10) days, or both, in the discretion of the court. Sec. 39. The books and records of the city shall be audited at least once every six months by expert auditors, or accountants employed for this purpose by the commission and such auditors or accountants shall make written reports of their findings. The fees or expenses of such auditors or accountants shall be paid out of the city funds. Audits. Sec. 40. The present method of taxing property for taxation of said city, of assessing the property of said city and of levying and collecting such taxes, and other revenues of said city, shall until otherwise provided by ordinance of the Commission, continue in force. The City Commission of the City of Americus shall have the power and authority to enforce by execution the collection of any amounts due, or to become due, to the City of Americus for taxes, water, rent, license fees and taxes and assessments of every kind from fines and forfeitures, from paving streets, sidewalks, lanes and alleys, putting sewers, drains etc., for cleaning and repairing privies, and for any other demand due the city. Such executions shall be issued by the clerk and treasurer against the person, corporation or firm or by whom any such debt may be due or may become due, and, which execution may be levied by the city marshal on the property of the owner against whom the said execution may issue and the same sold as provided by code sections of Park's Code of Georgia 1914, sections 879, 880, 881, 882 and 883, and all Acts of the legislature of Georgia amendatory thereof for municipal sales for taxes. Recitals of facts in deeds in pursuance of sales of taxes, or other assessments are evidences for such facts same as recitals of facts in sheriff's deeds. Taxing powers. Executions, levy and sale. The said Commissioners are authorized in their discretion to prescribe and collect fees for the execution or issuance of these executions for business licenses, or other purposes, and to provide for the converting of all such fees so prescribed

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and collected into the city treasurer as the property of the City of Americus. Fees. The forms of the executions shall be the customary form of execution, except in case of local executions when such executions shall declare the lien to be special and attaching on all of the property improved and against which the execution is issued, but the said last named execution shall be issued against the party in whose name the same appears in the tax digest. Form and lien of execution. It shall be the duty of the city marshal to levy an execution in favor of the city, and after advertising the property so levied on for thirty (30) days, shall sell the said property levied on before the Court House door in the City of Americus on the regular sheriff's sales day, and between the legal hours of sale, and if the property is divisible, offer it in parcels and sell same at public out-cry and he shall execute titles to the purchasers and have the same power to place the purchaser in possession as the sheriff's of this state have, wherever any land is sold the owner thereof shall have the privilege of redeeming it within one year, by paying the purchaser the amount paid therefor, together with ten (10) per cent on the purchase price as a premium thereon. Levy and sale. Whenever any such sale for taxes due if no one present shall bid for the property put up to be sold as much as the amount of such tax execution and all costs, and after such property shall have been cried a reasonable time, then any duly appointed officer, or agent of the City of Americus, may bid off such property for the city and the marshal or other officers making such sales shall make to the City of Americus a deed to the property so sold and deliver the same, and the titles thus acquired by the city shall be perfect and valid after the period provided for redemption by the owner shall have elapsed, and the marshal or officer making the sale shall put the city in possession and the Commission shall have no power to divert or alienate the title of the city to any property so purchased, except by

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public sale, unless otherwise ordered by the commission in such a manner as may be prescribed by ordinances for the city, and which is not inconsistent with the laws of the State of Georgia in reference to sales by municipal government of property. Tax titles. Sec. 41. That when any fi. fa. shall issue as provided in the preceding section or as may hereafter be provided and shall be levied and the property levied on shall be claimed by a third person, such claimant may interpose his claim thereto as provided by law for claims under tax fi fas for state and county taxes, such claims to be returned and heard in the Superior Court of Sumter County, Georgia. Claims. Sec. 42. That when a fi. fa. may be issued as provided in this Act and shall be levied on, if the said fi. fa. is issued illegally, the defendant in fi. fa. may make oath in writing and state the cause of such illegality and deliver the same to the city marshal or other executing officer, as the case may be, together with a bond and good security for the forth coming of such property as provided by the laws of Georgia. Illegality. When the levy shall have been made and the affidavit and bond delivered to the officer as herein provided it shall be the duty of such officer to suspend the proceedings of such execution and return the said execution, affidavit and bond, if the levy be on personal property to the next term of the City Court of Americus, and if the said levy be on real estate then it shall be returned to the next term of the Superior Court of Sumter County, Georgia, there to be tried and disposed of as provided in sections 5305, 5306, 5307, 5308, 5309, 5310, and 5311, of the Code of Georgia, 1910. Return and trial. Provided, however, that if the defendant shall deny only a part of the amount stated to be due, and for which the execution issued he shall state the reason why the same is not due, stating what amount is admitted to be due and which amount so admitted shall be paid before the said affidavit shall be received, when and in which event the said affidavit

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and bond shall be received for the balance and such affidavit so received, together with the fi fa or execution shall be returned to one of the respective courts herein referred to, there to be tried and determined as in cases of illegality in said courts, subject to all pains and penalties provided by law in cases of illegalities for delay. Part admitted as due. Sec. 43. The city clerk and treasurer shall keep an execution docket on which shall be entered the date thereof, the time and to whom delivered, and the proceedings had thereunder; such execution shall also be returned to the office of the clerk and treasurer after satisfaction of same. Docket. Where affidavits of illegality or claims are interposed, then all the papers shall by the city clerk and treasurer be transmitted to the clerk of the court to which the said papers are returnable as hereinbefore specified. Tax executions in favor of the City of Americus shall constitute a lien on property within the corporate limits of the city from the time as of which in each year property is assessed against the owners thereof for return and shall have priority on property within the corporate limits of the city over all other judgments and executions, except those due the state and county, and by order of the Commission shall be transferred to any person who will pay the full amount and costs of same and the transferee shall be subrogated to all the rights of the city as to the enforcement of such execution which shall retain all its prior liens. Tax liens. Sec. 44. Be it further enacted, That on the 27th day of September 1922, an election shall be held in said City of Americus, submitting to the qualified voters thereof, the question of the adoption of the provisions of this Act and under the regulations hereinafter provided. Those favoring the adoption of this Act shall have written or printed on their ballots, For Commission Manager Government. and those opposing shall have written or printed on their ballots, Against Commission Manager Government. At said election the polling places shall be at the court house in the

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City of Americus and shall be open and ready for voters at 6 o'clock A. M. and shall be closed at 6 o'clock P.M. The managers of said election shall conduct same in the same manner and under the same regulations as general elections for Mayor and City Council of Americus are held in said city under existing statutes except as they may be altered by this Act. The Mayor of the City of Americus shall appoint the managers and clerks for holding said election and make all usual and necessary provisions for holding said election, providing as many polling places at said court house as may be deemed expedient, one of which polling places shall be exclusively for qualified negro voters. The expense of holding said election shall be borne by the City of Americus and provisions for paying the same shall be made by the mayor and city council. After the polls shall be closed the said managers on the evening of said election shall meet in the Superior Court room of said court house, count and consolidate the votes, and at four o'clock P.M. the 28th day of September, 1922, make returns of said election to the said mayor and city council at a special meeting of the said mayor and city council which shall at that time be held. If the majority of the votes cast in said election be For Commission Manager Government, then all the provisions of this Act shall be of full force and effect in said city thereafter. Election to ratify this act. Ballots. Conduct of elections. Within five (5) days from the approval of this Act by the Governor of the State of Georgia, the Mayor of the City of Americus shall appoint three (3) citizens of the said City of Americus who shall within five (5) days thereafter make up an accurate and complete list of all names of persons signed in the permanent qualification book or voter's book of Sumter County, Georgia, since the completing of the official list for the last general election of said city, and not before placed by the board of registers of said city on the said registration list, and who reside within the corporate limits of the City of Americus; and within five (5) days after the completion of said list the said three (3) appointees shall file with the Clerk and Treasurer of the City

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Council of Americus said supplemental registration list showing the names of additional voters who are entitled to vote at said special election and any person whose name appears on said list may vote at any such special election, but said three (3) appointees shall purge said list before filing it, of all persons (1) who are disqualified under the provisions of paragraph 4, section 1, of article 2 of the constitution of this state; (2) who have failed to pay all state and county taxes due by them at least 3 months before said election, except taxes for the year of the election; (3) who have failed to pay all city taxes due by them at least three (3) months before the said election, except taxes for the year of the election; (4) who are not citizens of the United States, or who have not resided in the State of Georgia for twelve (12) months, or who have not resided in the County of Sumter for (6) months, or who have not resided in the City of Americus ninety (90) days immediately preceding the date of said election to be held. It shall further be the duty of said three (3) appointees to purge the list of registered voters prepared for the last general election in said city of any names of persons subsequently disqualified under any of the specifications above set out for purging said supplemental list; and it shall be the duty of said clerk and treasurer of the mayor and city council of Americus to furnish to each of the managers of said special election two lists, one composed of the purged list of voters entitled to vote by reason of the registration for the last general election and the other made up of the names of those entitled to vote by their subsequent registration, as hereinbefore provided for, and no one shall be permitted to vote in said special election unless his name is upon one of the list furnished by the said three (3) appointees to said clerk and treasurer of the mayor and city council of Americus and by him to the managers of the said election, provided no person shall be deprived of the right to vote in said election if it conclusively appears to the managers of same from inspection of the original list furnished by said three (3) appointees that the name of such person was omitted from

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the printed list furnished by the clerk and treasurer of the mayor and city council by inadvertence or clerical error, provided further the voter takes and subscribed the oath prescribed in section 2 of the Act amending the charter of the City of Americus approved November 11th, 1889, and appearing in the printed volumes of Georgia Laws, 1889 on pages 961 to 975, both inclusive. Voters book and registration list. The clerk and treasurer and marshal of the City of Americus shall each and all actively assist said three (3) appointees in preparing and purging said registration lists. For conducting such elections, the mayor and city council shall cause to be erected at the polling places where ballots are to be received, a booth or booths, each of sufficient size to accommodate one voter at a time, and so constructed that the voter, in preparing and voting his ballot at said election, shall be screened from observation by any and all persons; and all voters in said election are, hereby required to enter the compartment, or booth, so erected for the purpose of preparing and casting their ballots, said booths to be constructed so as to admit of easy approach and access to the ballot box, or boxes, where the ballots of such voters shall be deposited. Only one voter shall be admitted to a booth at the same time, and no person shall be allowed inside a booth or compartment until said voter shall have prepared and cast his ballot, which he shall do as speedily as the same can be done, in order to permit other voters to enter for the same purpose; provided that any voter may at his request, have two managers of said election prepare his ballot for him, if, by reason of being unable to read and write, or blindness, or other physical informity, such voter may be unable to prepare his ballot for himself. It shall be the duty of the mayor to provide official ballots for the said election with the following language printed thereon, so that the voter may express his choice, to-wit: For Commission Manager Government Against Commission Manager Government, and if a voter desires to vote for Commission Manager Government, he shall mark out,

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or strike the words Against Commission Manager Government, and if the voter desires to vote against Commission Manager Government, he shall mark out, or strike the words For Commission Manager Government. Preparation of ballots, and voting regulations. No voter shall cast a ballot not an official ballot obtained in the respective polling places, and the managers shall not receive or count any vote ticket or ballot other than the said official ballot. Said ballots shall be numbered consecutively and bound together in blocks or pads, in such manner that each ballot may be detached and removed separately. Each ballot shall have attached to the top thereof a stub, which may easily be 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 or letter shall be printed on the ballots used at the various polling places, so that the ballots at no two polling places shall bear the same designation, and so that all 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 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 itself. At the heads, or tops, of each ballot shall be printed the words Official Ballot for Commission Manager Government. No ticket, vote or ballot shall be used, voted or counted in said election, unless the same is procured by the voters from the managers and complies with the above requirements in substantial form. There shall be prepared and furnished the managers a sufficient number of tickets or ballots, as provided above,

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in order to supply all the voters qualified to vote in said election. If any voter should spoil a ballot he shall be entitled to receive a new ballot provided he returns to the manager, or managers the unused or spoiled ballot. Before depositing any ballot or ticket in the box or permitting any ticket or ballot to be placed in the box the manager, or managers, must see that the ticket or ballot attempted to be voted by the voter bears the same designation and the same number as the stub which bears the name of the particular voter. No printer, publisher or other person engaged by the mayor to provide tickets or ballots for said election shall deliver or furnish a ballot, or ballots, or any likeness of same to any person other than said managers or, on their written order, and no person engaged by such printer or publisher or other person to aid or assist in the printing or preparation of said ballots shall retain, or deliver, or furnish a ticket or ballot or any likeness of same, to any person other than said managers or on their written order, nor shall any person, who having in any manner procured an official ballot, or likeness thereof, furnished, deliver or give the same to any other than one of the said managers. Provided, however, that the mayor shall publish the form of the ballot with instructions as to how to mark the same in a newspaper, or newspapers of general circulation in said city, in each issue of such newspaper, or newspapers, for ten (10) days prior to said election. Ballots to be furnished by printer to managers only. Any person who knowingly, or willfully, violates any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1065 of the Penal Code of 1910. Penalty. Sec. 45. If the majority of those voting in said special election to be held on the 27th day of September, 1922, shall vote For Commission Manager Government, then on the second Saturday of December, 1922, there shall be

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held an election for five (5) Commissioners of the City of Americus to constitute the Commission created this Act. Such election shall be held by the managers and clerks appointed by the mayor and city council and they shall hold the said election under the same laws and regulations as now govern elections for mayor and city council of said City of Americus. The managers shall report the result of the said election to the mayor and city council as the results of the city elections are reported and the mayor and city council shall thereafter at their first meeting held thereafter, whether regular or called, declare the five (5) persons who shall receive the highest number of votes cast at such elections as Commissioners. It shall be determined by lot among themselves which of the five (5) candidates elected shall respectively hold office for the respective terms of one, two, and three years, beginning on the first Monday in January, 1923, and until their successors are chosen and qualified. Result of election. Sec. 46. On the second Saturday of December of each year thereafter a general, or regular, election shall be held to elect a Commissioner for a full term of five (5) years to succeed the one whose term is about to expire and at such regular election, there shall also be elected commissioners to fill unexpired terms temporarily filled by the commissioner or the judge of the Superior Court of Sumter County, Georgia, more than thirty (30) days prior to such elections. The term of each Commissioner elected at such regular election shall begin on the first Monday in January following the election. Such election shall be held under the laws, rules and regulations now governing regular elections held for election of mayor and city council of the said City of Americus; provided however the Commissioners shall, at their option, designate and appoint any three persons they see fit to serve as registrars of the City of Americus in lieu of the city clerk and treasurer, (who likewise shall serve in lieu of the former clerk and treasurer of council), the city clerk and treasurer, and the city marshal. Election of commissioners.

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Sec. 47. All special elections of the City of Americus shall be held under the laws, rules and regulations now governing special elections of said city, except as otherwise provided by this Act. Special elections. Sec. 48. The Acts of the General Assembly of the State of Georgia providing that political parties or organizations shall nominate their candidates for all offices of the City of Americus which are now, or which may hereafter be elected by the people of the City of Americus, by primary elections, shall remain in full force and effect, and all provisions thereof shall govern primary elections held by such political parties or organizations for the nomination of candidates for the offices of Commissioners created by this Act. Party nominations. Sec. 49. If the majority of those voting in said special election to be held on the 27th day of September, 1922, shall vote For Commission Manager Government then the general election for mayor and city council in December, 1922, shall not be held, but the present mayor and city council of said City of Americus shall continue in office, performing all of their respective and joint duties, until the first Monday in January, 1923, and until the Commissioner elected under section 45 of this Act shall have qualified; provided, however, that from and after the passage of this Act the said mayor and city council shall have no authority to pass any tax ordinances. Present mayor and council. Sec. 50. If any section or part of a section of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid or unconstitutional the same shall not be held to invalidate or impair validity, force or effect of any other section or part of a section of this Act, but shall be confined to its operations to the section or part of section directly involved in the controversy in which judgment shall have been rendered. Invalid part ineffective on the rest. Sec. 51. For the purpose of nominating and electing officers and all purposes connected therewith, and for the purpose

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of exercising the power of the city, as provided herein this Act shall take effect from the time of its approved by the city. For the purpose of establishing departments and offices and distributing the functions thereof, and for all other purposes the Act shall take effect on the 2nd day of January, 1923. Times when effective. Sec. 52. Throughout this Act, language expressing the masculine gender shall be construed to include the feminine, except as to the payment of street tax. Males include females. Sec. 53. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 8, 1922. ARABI, TOWN OF; ELECTIONS. No. 349. An Act to amend an Act creating a new charter for the town of Arabi, by changing the hours of opening and closing the polls at elections held 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 same, That from and after the passage of this Act, section 8 of the Act of the General Assembly of the State of Georgia, creating a new charter for the town of Arabi, in the County of Crisp, approved August 20th, 1917, be and the same is hereby amended as follows: By striking from the first sentence of said paragraph 8 of said Act, the words eight and four and inserting in lieu thereof, the words; ten and two so that said section, when so amended, shall read as follows: Act of 1917 amended in Sec. 8. Sec. 8. Be it further enacted, That all municipal elections in the Town of Arabi shall be held and conducted at the City Hall, or place of meeting of the Mayor and Council, or

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such other place, or places as may be designated by resolution by the Mayor and Council and the time of day for keeping open the election shall be from ten o'clock A. M. to two o'clock P. M. Sec. 8 to be read. Election places and hours. Sec. 2. Be it further enacted by the authority aforesaid, That all laws in conflict herewith be, and the same are repealed. Approved August 8, 1922. ATLANTA CHARTER AMENDED. No. 347. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, be, and the same are, hereby amended as follows: Section 1. That the Mayor and General Council of the City of Atlanta are hereby authorized and empowered to increase the number of wards from the present, namely eleven, to twelve, and the territory within the limits of the former town of Kirkwood shall comprise the proposed twelfth ward; but said Mayor and General Council are further authorized and empowered to hereafter make such changes in ward lines, not only in the twelfth ward, but as to the eleventh ward and any other ward limits of the city as they may deem it advisable and to the best interests of the city. Neither this amendment nor any other amendment shall be construed to prohibit such changes in ward lines whenever it is deemed desirable to extend them in the direction herein invested. Wards.

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Sec. 2. The following boards and commission of the city are hereby abolished on and after January 1st, 1923: Board of Police Commissioners, Board of Water Works, Board of Health, and Park Commission. This enactment, as to the abolishment of these boards and commissioners, is to take effect on and after January 1st, 1923. At said time, the terms of the present members of the said boards and said commission shall expire, and all power heretofore vested in them, either by charter provisions or by ordinances, shall on said date and thereafter vest in and be exercised by the authority of the General Council of said city, or, in the discretion of the General Council, through the committees of said Council corresponding to said boards or commissions. Boards abolished. Sec. 3. The number of members of the Board of Education is hereby increased from the number of five, as provided by the amendment to the charter of the city, approved August 20th, 1918, to a number corresponding to the total number of wards of the said city, and one member of the board shall be elected from each of the several wards of the said city in the same manner as councilmen are elected. The present board as established by amendment to said charter in 1918, as above stated, is hereby abolished, this abolition to take effect on and after December 31st, 1922. At the general election to be held in said city, on the first Wednesday in December next, the new Board of Education shall be elected, one member from each of the wards of the city, and this board, elected in the manner above provided, shall succeed to all the authority of the present Board of Education, under the present charter and this amendment, on and after January 1st, 1923. The members of the board first elected under this charter amendment shall serve for a term of three years. Thereafter, their successors shall be elected in such manner that four members shall be elected each year. This can be carried into effect by any means the Mayor and General Council may provide by ordinance. There shall be no ex-officio members of the Board of Education. The purpose of this provision is to prohibit the further

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service of the Mayor and the chairman of the School Committee of the General Council as members of the said board by virtue of their office. Board of education; member each ward. Sec. 4. Said Board of Education shall hereafter hold no secret sessions, but all meetings thereof shall be open to the public and all their actions transacted in public meetings. Said Board of Education shall provide free text books for all grades, but this shall be done gradually, as follows, namely free text books shall be provided for the students of at least two grades each year until all students have been provided with free text books. The first and second grades of the grammar schools shall be the two grades first supplied, then the grades succeeding them in regular order until all grades are furnished with free text books. All the teachers employed by the City of Atlanta, through its Board of Education, shall serve during good behavior and efficient service, under such rules and regulations as may be established by the board. Meetings. Free text books. Teachers. Sec. 5. The present taxation rate of $1.50 per hundred, provided under the authority of Section 3, 4 and 5 of the charter amendment approved August 4th, 1921, shall never be increased, but the Mayor and Council of the City of Atlanta may, in their discretion, reduce said amount at any time. Tax rate. Sec. 6. That the charter of the city, as it appears in Section 296 of the City Code of 1910, as amended by an Act of the General Assembly in 1918, be further amended by striking from said section the words one dollar and forty-five hundreds ($1.45) and by substituting in lieu thereof one dollar and twenty-five hundreds ($1.25) so that said section when so amended shall read as follows: Sec. 296. In all cases where a sewer shall be laid by or under the authority of said city in any street, the sum of one dollar and twenty-five hundreds ($1.25) per lineal foot shall be assessed upon the property and estates respectively abutting on said sewer, on each side of said street

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in which said sewer is laid or constructed, and in consideration of the payment of said assessment the owners of said estate shall have the right to connect their drains from said abutting property for the discharge of sewerage into said street. The remaining cost of all sewers not thus assessed shall be paid by said city out of the sewer appropriations for the year. Act of 1918 amended. Sewer assessments. All assessments upon abutting property, on account of the construction of sewers in the streets in front of same, made during the year 1922, in the sum of $1.45 per front foot, are hereby reduced to the sum of $1.25 per front foot and the ordinance making assessments, on the basis of the prior charter provisions, are hereby changed to correspond to the rate herein fixed and the General Council of the City is directed to make amendments to assessing ordinances, during the year 1922, to conform to the reduction herein enacted. Sec. 7. The Mayor and General Council of the City of Atlanta are hereby authorized to purchase, hold and operate farms, dairies and lands for prison sites, either within or without the limits of the City of Atlanta, or the County of Fulton, and in any other county of this State, and to erect on said lands, prisons, stockades, farm structures, and any other buildings or improvements that may be deemed suitable, advisable or convenient to the development of said property, for the use of the City of Atlanta, and the said city is authorized to imprison offenders sentenced under its ordinances, in such places; and when sentenced to work upon any of the places authorized by its ordinances, such persons may be held and required to work out their sentences on said lands or in the operation of dairies and other improvements thereon, in the discretion of the prison authorities of said city. Prison sites. Sec. 8. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 5, 1992.

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ATLANTA TERRITORIAL LIMITS EXTENDED. No. 387. 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, by extending the limits of said city so as to annex and include the following territory, to-wit: All that tract of land lying and being in the 14th District of Fulton County, Georgia, more particularly described as beginning at the land lot line between and lots 137-138, where same intersects the present city limits: thence extending west on said land lot line to lot line between land lots 151 and 152; thence west along said land lot line to land lot line between land lots 170 and 169; thence west on said land lot line to a point where same intersects the north side of Cascade Rode; thence in a northerly direction along the north west side of Cascade Road to a point in land lot 170 where said road intersects the west side of Huff Road; thence in a northerly and casterly direction along the north west side of Huff Road, as shown by Kaufman's map of Fulton County of 1911, to a point where said road intersects the land lot line between land lots 151 and 170; thence north along said land lot line to land lot line between land lots 150 and 171; thence north along said last named line to the northwest corner of land lot 150; thence east along the land lot line between land lot 150 and 149 to the present city limits; thence along the present city limits in a south, east and southwest direction to the beginning point; to extend the jurisdiction of the City of Atlanta over said annexed territory; to make its ordinances binding upon persons and property therein; to authorize and empower the General Council of said city to include all or any part of said annexed territory, in their discretion, in one or more of the wards of the city; to pass such ordinances as may be advisable in readjusting

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said territory with the rest of the city and to make same subject to the laws, liabilities, rights and privileges appertaining to the entire City of Atlanta, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, 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: By extending the limits of said city so as to include the following territory, to-wit: All that tract of land lying and being in the 14th District of Fulton County, Georgia, more particularly described as beginning on land lot line between land lot lines 137 and 138, where same intersects the present city limits, thence extending west on said land lot line to land lot line between land lot lines 151 and 152; thence west along said land lot line to the land lot line between land lines 170 and 169; thence west along said land lot line to a point where same intersects the north side of Cascade Road; thence in a northerly direction along the north west side of Cascade Road to a point, in land lot 170, where said road intersects the west side of Huff Road; thence in a northerly and easterly direction, along the north west side of Huff Road as shown by the Kauffman map of Fulton County of 1911, to a point where said road intersects the land lot line between land lines 151 and 170; thence in a northeasterly direction and in a line parallel with Cascade Avenue and two hundred (200) feet distant therefrom at all points for a distance of thirteen hundred (1300) feet; thence in a northerly direction and in a straight line to a point on the north side of Beecher Street where the dividing line between the properties of Waters and Jensen touches said street; and thence along said dividing line, in a north easterly direction for the full length thereof and to the north line of the properties of said Waters and Jensen; thence in a northerly direction in a straight line to the present city limits where same makes a corner in land lot

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150 and on the south line of Park Avenue as fixed by an amendment to the charter of said city extending the limits thereof passed in 1921; thence running along the present city limits, in an easterly, southerly, easterly, southerly and southwesterly direction to the beginning point. Act of 1874 amended. Additional territory defined. Section 2. The power and authority of the City of At lanta under its present charter and ordinances, and all laws appertaining to the City of Atlanta as a municipality, are hereby extended over and made effective in every part of the territory covered and included within the limits as prescribed by the terms of this Act. The power and authority of the officers of the city are made co-extensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and ordiances governing said City of Atlanta. The power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for and, in cases of default, to sell the property upon which taxes are due, as now prescribed by charter and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The power of the Board of Health, Police Department, City Tax Assessors and Receivers, Tax Collector, Marshal, Clerk of Council, Recorder, Building Inspector, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta and are bound for the payment of said bonds equally with the former territory of the City of Atlanta. Subject to laws, etc. Sec. 3. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1922.

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AUGUSTA BOARD OF HEALTH CREATED. No. 430. An Act to amend the charter of the City of Augusta, and Acts of the General Assembly of the State of Georgia, creating a Board of Health of the City of Augusta so as to vest said Board of Health with power to place all of its officers and employees on a civil service basis; to appoint, elect and discharge such officers and employees of said Board of Health; to make rules and regulations for the government of the officers and employees of the Board of Health; to fix the terms of office and prescribe the duties of such officers and employees, and generally manage, direct and control such officers and employees as it may elect, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Board of Health of the City of Augusta as at present constituted, or as the same may from time to time be organized, be, and it is hereby empowered as such to elect all officers and employees or to retain all of the officers now elected and all of the employees now in the service of the said board for such term as may be provided by rules to be prescribed by said board. Officers and employees. Sec. 2. Be it further enacted by the authority aforesaid, that the Board of Health, acting as such, shall prescribe, amend and enforce such rules and regulations as it deems wise and expedient for the regulation, control and management of the Board of Health of the City of Augusta, and to such end and for such purpose the said Board of Health is hereby authorized and empowered to fix the terms of office and the duties of such officers and employees as it may employ, and particularly to provide for the holding of examinations to test the mental and physical ability of all persons who may apply to it for employment or who may desire to continue in the service of the said board, the

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absolute authority being granted to the said board to pass upon the fitness of all persons now in the service of the said board, or who may subsequently submit themselves to examination as applicants for employment by said board. Rules and regulations. Sec. 3. After a person has been accepted or retained by the Board of Health, it shall not be within the power of said board to remove him from office or employment until the end of his term as fixed by the rules and regulations of the Board has expired, unless and only upon his being charged and convicted of a violation of the rules and regulations of the board, or upon his becoming physically incapacitated to perform the duties prescribed for his office and employment; the said board to be the sole judge of all of these questions, the intent being to leave the direction, management and control of all matters affecting the health of the City of Augusta exclusively to said Board of Health, it being the duty of the City Council of Augusta to fix the compensaton of officers and employees of the Board of Health, selected and chosen by the said board. Removal of employees. Approved August 15, 1922. AUGUSTA CHARTER AMENDED. No. 425. An Act to amend the charter of the City of Augusta; to abolish the offices of mayor and council and certain other offices in said city; to provide for a form of government in said city composed of commissioners and a city manager, and to declare the rights and powers of said government and officers; to amend or repeal such sections of the charter of said city as may be deemed necessary to carry into effect the said commissionercity manager form of government; to retain in force certain laws and ordnances not in conflict with this Act; to continue such offices, departments and boards, the powers

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and duties of which are not in conflict with this Act; to provide the means by which legislation for said city may be initiated by the voters of the city and referred to them for approval or rejection; to provide the means by which the commissioners of said city may be recalled by the voters of said city; and for other purposes. 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 noon on the first Monday in 1925 that: Section 1. The inhabitants of the City of Augusta, Georgia, as its limits now are, or hereafter may be established, shall continue to be a body politic and corporated to be known and designated as the City of Augusta, and the corporate existence, identity, present territorial limits and jurisdiction of the City of Augusta, both within and beyond the territorial limits of said city, with all corporate rights, powers and privileges conferred, and all duties, obligations and liabilities imposed by law, shall be preserved unto said city, except as altered or amended by this Act; and as such body politic, said city shall have perpetual succession, may sue and be sued, contract and be contracted with, have a corporate seal, and make, alter and amend rules, regulations, by-laws, resolutions and ordinances for its government and the exercise of its corporate powers not in conflict with this Act, the Constitution and Laws of Georgia, and the United States of America. General powers. Sec. 2. The present boundaries and corporate limits of the City of Augusta are as follows: Beginning with the intersection of the east side of East Boundary Street, prolonged, and the boundary line of the State of Georgia and the State of South Carolina on the Savannah River, thence along the east side of East Boundary Street to the south side of Gwinnett Street; thence along the south side of Gwinnett Street to a point on the south side of Gwinnett Street opposite the west side of Fifth Street; and at the center Beaver Dam Ditch, and running thence along the

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center of Beaver Dam Ditch south 18 west 1020 feet; thence north 68 19[UNK] west to a point on the east line of the right-of-way of the Central of Georgia Railway (formerly the right-of-way of the Augusta and Savannah Railroad); thence in a southwardly direction along said east line of the Central of Georgia Railway's right-of-way to a point where the east line of said right-of-way intersects with the southern boundary line extended of the property occupied by Armour and Company's fertlizer plant, being 4572 feet; thence along said east line of the right-of-way of the Central of Georgia Railway in a southwardly direction 2968 feet to a point on said right-of-way line; thence north 31 45[UNK] west 2704 feet to a point on the western property line of the Savannah Road, 150 feet south to Turpin Street; thence north 31 45[UNK] west along the line parallel to and 150 feet from Turpin Street (Fifth Avenue) 1676 feet to a point 150 feet from and south of the south line of the Milledgeville Road; thence north 66 45[UNK] east along a line parallel to and 150 feet from the south side of the Milledgeville Road 1060 feet; thence north 28 55[UNK] west along the north side of Sunset Avenue 1240 feet to an angle in said street; thence along the north side of said street 70 16[UNK] west 700 feet to the east side of Fifteenth Street; thence along the east side of Fifteenth Street nor 20 east 44 feet; thence north 55 54[UNK] west along the north side of the public road known as Little Hill Street; 1915 feet to an angle in said road; thence north 46 27[UNK] west along the north side of said road 1960 feet, more or less, to a point of intersection with the former boundry line of Summerville; thence north 84 30[UNK] west to a point on the east side of Wheeless Road; thence north 36 east 1500 feet, more or less, to a point on the north side of the Wrightsboro Road; thence north 84 10[UNK] west along the north line of said Wrightsboro Road 1720 feet; thence north along the western line of the water-works property 3 54[UNK] east 1644 feet to the northwest corner of said water-workers property; thence east along the north line of said water-works property to the west line of Peachtree Road extended; thence along the west

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line of said Peachtree Road and said Peachtree extended to the junction of the Wheeler Road; thence eastward along the side line of the said Wheeler Road to the junction of the same with the original boundary line of the Village of Summerville; thence in a direct line to the southwest corner of the Country Club property; thence north 8 east along the line of the Country Club property 2916 feet to Rae's Creek; thence in a general easterly direction along the south bank of Rae's Creek to the intersection of Broad Street; thence across the head of Lake Almstead to the northwestern side of said lake, but not including the bridge across said lake; thence along the high-water or flow line of said lake to the southern line or berme bank of the canal; thence along said berme bank to the boundary line between the counties of Richmond and Columbia; thence along said boundary line to the low-water mark of the river; thence along said low-water mark to the intersection thereof with the center of Fifteenth Street, formerly Carnes' Road; thence along the center of Fifteenth Street, formerly Carnes' Road prolonged, to the boundary line between the State of Georgia and the State of South Carolina on the Savannah River; thence along said boundary line to the point of beginning; along the entire river front of the city, the northern boundary of the city shall be the boundary line between the State of Georgia and the State of South Carolina. Territorial description. The jurisdiction of commissioners for all purposes within the scope of its corporate powers, extends over all the territory included within the corporate limits specified; and over all the inhabitants thereof; and over all property therein; and over all persons doing business therein or found therein. Sec. 3. The jurisdiction, corporate power and authority of the City of Augusta and the commissioners thereof shall also extend over the following: (1) The dam across the Savannah River near the head of the canal to the South Carolina boundary of the same; Additional territory described.

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(2) The bulk-head locks and all land connected with the same; (3) That tract of land owned by the city, situated in Columbia County, Georgia, near the canal dam, containing twelve acres more or less; and enclosing on its southeast and west sides abutments of the old bulk-head of said dam; and bounded on the north side by the canal, on the south and east by land now or formerly of Skinner; and on the west by lands now or formerly John Pierce, trustee; (4) That tract of land containing one acre and eighty-three one hundredths of an acre; bounded on the north by the river, on the east by tract of land belonging to the city, and on the south and west by lands of John Pierce, trustee, being that tract on and from which the city has the exclusive right to quarry stone and remove earth; (5) The bridge across the river, at the foot of Fifth or Centre Street, called the city bridge; and (6) Any other bridge hereafter built by commissioner across the river opposite the city; (7) Over the canal throughout its entire extent; (8) Over the territory for one hundred feet on each side of the canal and throughout its entire extent; (9) Over Stallings Island, above Bull's Sluice in the riverso far as to allow commissioners to pass all ordinances and perform all acts necessary to the use of the Canal and for the protection of the Canal and its appurtenances from injury; (10) The bridge over the river at the foot of Thirteenth, or McKinne Street, called the North Augusta Bridge; and the bridge at the foot of Center, or Fifth Street, known as city bridge; (11) Any property purchased, condemned or used by commissioners for drainage ditch under Act of Dec. 18, 1895;

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(12) Any property, purchased, condemned or used by commissioners for water-works under Act of Nov. 29, 1895; (13) That tract of land containing sixty-six acres, lying west of the United States Arsenal in Richmond County, Georgia, purchased on October 18, 1894, by council from George W. Reab, trustee; and (14) The two islands containing 30 acres, more or less, in Savannah River, about one-half mile below canal locks. and the commissioner has power to control and manage said North Augusta Bridge, and City Bridge, and the police's power of the commissioners extends across the same to the South Carolina side of the river; and the commissioners have power to make all rules and regulations they may deem necessary for the maintenance, use and occupations of said drainage ditches, for the use of said water-works, and have police authority upon and around said ditch and its gates and other appurtenances, and upon and around all property occupied by the basins, reservoirs and pumping stations of said waterworks. Sec. 4. In addition to the power heretofore mentioned, said city shall have powers: Additional powers. (1) To levy and collect a street or capitation tax on all residents of the city, and also a tax on all the property within the corporate limits of said city, which is subject to State tax under the Constitution and laws of this State, and upon all trades, businesses, callings, professions, sales, labor, pursuits, which are legal subjects of taxation as they may deem expedient and may enforce payment of the same by license or direct tax, in such manner as the commission herein created may determine to be best and most advantageous; also to impose, assess, levy and collect taxes, on capital invested in said city, on stocks of corporations, choses in action, and on such incomes and commissions derived from the pursuit of any profession, faculty, trade or calling, banks, insurance, express and other corporations, associations and agencies, and all other property and

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sources of profit as are not expressly prohibited or exempt by the laws of this State or of the United States; but all taxation on property shall be uniform on the same class of subjects, and advalorem on all property subject to be taxed in said city; and the power and authority to raise by assessments and taxes, revenues for all lawful city purposes and powers herein defined and for all objects and purposes for which revenue may be raised now by said city. Taxation. (2) To levy and collect an assessment for drains and sewers in addition to the tax provided for ordinary expenses and for extraordinary expenses in accordance with the authority contained in an Act entitled an Act to amend an Act entitled an Act to incorporate Augusta and to improve the public roads in the neighborhood thereof, approved January 31, 1798, and the several Acts amendatory thereof, so as to authorize the city council of Augusta to construct drains and sewers, to provide a better system of drain and sewer assessments, and for other purposes, approved December 22, 1898. Contained in Georgia Laws 1898, pages 133-135 inclusive. Sewer assessments. Act of 1898 amended. (3) For the purpose of paying the ordinary current expenses of said City of Augusta as defined in section 865 of the Civil Code of Georgia for 1910, the said City of Augusta is 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 one-half of one per centum upon the value of said property. Tax ad valorem. (4) For the purpose of paying any extraordinary expenses of said City of Augusta as defined in Section 865 of the Civil Code of Georgia for 1910 the said City of Augusta may levy an additional tax when the same shall have been authorized by a vote of two-thirds of the legal voters of said city who shall vote at an election to be held for that purpose, as provided in Section 867 of the Civil Code of Georgia for 1910, provided that separate accounts of all amounts so collected and disbursed shall be kept as is provided

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in said Section 865, and provided further, that in case any such special election shall have been held, it shall not be necessary to hold any further or other special election because of the change of form of government made by this Act. Additional tax; election (5) To impose special or local assessment for local improvements and enforce payment thereof, subject, however, to such limitations prescribed by the Constitution of Georgia as may be in force at the time of the imposition of such special or local assessment, and to impose such special or local assessments for street paving in accordance with an Act entitled An Act to authorize the City Council of Augusta to require the grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets or public alleys of the City of Augusta, to make and collect assessments for the same, and for other purposes. Approved August 19, 1916. Contained in Georgia Laws 1916, pages 549-551, as amended by this Act. Local improvements. (6) Subject to the provisions of the Constitution of Georgia, to contract debts, borrow money, make and issue evidences of indebtedness. Borrowing. (7) To expend the money of said city for all lawful purposes; to acquire by purchase, gift, devise, condemnation or otherwise, property, real and personal, or any estate or interest therein, within or without the City or State, and for any of the purposes of the city to hold, improve, sell, lease, pledge or otherwise dispose of the same or any part thereof; to make and maintain public improvements of all kinds, including municipal and other public buildings, armories, markets and all buildings and structures necessary or appropriate for the use of the departments of fire and police. Appropriations; public property. (8) To furnish all local public service; to purchase, hire, construct, own, maintain, and operate or lease public utilities; to acquire by condemnation, or otherwise within or without the corporate limits, land and property necessary

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for such purposes; provided, that the power of condemnation shall not extend to the properties of existing public utilities. Public utilities; Condemnation. (9) To have all rights, powers, duties and privileges now had by the present City Council of Augusta, with reference to the waterworks of the City of Augusta. Waterworks. (10) To have full control and power over the streets, lanes and alleys of the city and to remove obstructions therefrom as is generally exercised by and granted to municipal corporations, and to make, open, grade, repair and keep in order the streets and bridges of said City and to light same. To have all powers heretofore granted to City Council of Augusta by Act entitled An Act to amend the charter of the City Council of Augusta; to authorize said City Council to assess property for public improvements to the extent of special benefits by reason thereof; to provide for the collection of such assessments, and for a hearing to determine the correctness thereof, and for other purposes, approved December 14, 1901, and contained in the Georgia Laws 1901, page 313. Streets, etc. (11) To establish, construct, maintain and operate public landings, wharves, and docks; to acquire by condemnation or otherwise, all lands, riparian and other rights and easements necessary for the purpose aforesaid; to lay and collect reasonable duties on wharfage or docks; to prescribe and enforce reasonable rules and regulations for the protection and use of said properties, and to impose and enforce adequate penalties for the violation of such rules and regulations. Wharves. (12) Subject to the provisions of the Constitution of Georgia, and of this Act, to grant franchises for public utilities. Franchises. (13) To establish, open, widen, extend, grade, improve, construct, maintain, light, sprinkle and clean public highways, streets, alleys, boulevards and parkways, and to alter or close the same; to establish and maintain parks, playgrounds

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and other public grounds; to construct, maintain and operate bridges, viaducts, subways, tunnels, sewers and drains and to regulate the use of all such highways, parks, public grounds and works; to plant and maintain shade trees along the streets and highways; to abolish and prevent grade crossings over the same by railroads; to require any railway or street railway company to pave, repave, or repair any portion of a street occupied by its tracks, within the tracks and two feet beyond same, and to properly ballast same; regulate the operation and speed of all cars and vehicles using the same, as well as the operation and speed of engines, cars and trains on railroads within the city; to regulate the services to be rendered and rates to be charged by busses, motor cars, cabs and other vehicles for the carrying of passengers and by vehicles for the transportation of baggage; require all telephone and telegraph wires and all wires and cables carrying electricity to be placed in conduits under ground and prescribe rules and regulations for the construction and use of such conduits; and to do all other things whatsoever adapted to make said streets and highways safe, convenient and attractive. Street improvements. (14) To collect and dispose of sewerage, offal, ashes, garbage, carcasses of dead animals and other refuse; and to acquire and operate reduction or other plants for the utilization or destruction of such materials or any of them, and to contract for and regulate the collection and disposal thereof. Disposition of sewerage. (15) To compel the abatement and removal of all nuisances within the city or upon property owned by the city beyond its limits; to require all lands, lots and other premises within the city be kept clean, sanitary and free from weeds, or to make them so at the expense of the owners or occupants thereof; to regulate and prevent slaughter houses or other noisesome or offensive businesses within the city, the keeping of animals, poultry or other fowls therein, or the exercise of any dangerous or unwholesome business, trade or employment therein; to compel the abatement

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of smoke and dust and prevent unnecessary noise therein; to regulate the location of stables and the manner in which they shall be kept and constructed, and generally to define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the city. Nuisances. (16) To inspect, measure and weigh any commodity or article of consumption or use within the city, and to establish, regulate and inspect weights, measures and scales. Weights and measures. (17) To extinguish and prevent fires, to compel citizens to render assistance to the fire department in case of need, and to establish, regulate and control a fire department of division; to regulate the size, material and construction for buildings; to remove or require to be moved any building, structure or addition thereto which by reason of dilapidation or other causes may have become dangerous to life or property; and to establish and designate from time to time, fire limits. Fire prevention. (18) To provide for the care, support and maintenance of children, and of the aged, sick, insane, poor persons and paupers. Dependents. (19) To organize and administer public schools and libraries; but nothing in this Act shall give the Commission herein created the power to abolish or discontinue the Board of Education of Richmond County as now and heretofore organized and functioning in the administration and maintenance of the public schools of Augusta, and said Board of Education of Richmond County shall continue in existence with the powers and duties heretofore existing. Schools and libraries. (20) To provide and maintain either within or without the city charitable recreation, curative, corrective, detention or penal institutions. Institutions. (21) To provide for the general preservation of the health of the inhabitants of said city, make regulations to secure the same; inspect all food and foodstuffs and prevent the

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introduction and sale in said city of any article or thing intended for human consumption which is adulterated, impure, or otherwise dangerous to health; and to condemn, seize and destroy, or otherwise dispose of any such article or thing; to prevent the introduction or spread of contageous or infectious disease; to provide and regulate hospitals, and to enforce the removal of persons afflicted with contageous or infectious diseases to hospitals provided for them; to abolish the present Board of Health and to provide for the organization of a department or bureau of health, to have powers of the Board of Health subject to be added to, diminished or altered by the Commission, with the authority necessary for the prompt and efficient performance of its duties; to establish a quarantine ground within or without the city limits and such quarantine relations against infections and contagious diseases as the Commission may see fit. Health regulations. (22) To acquire and maintain cemeteries for the interment of the dead, and to make and enforce all necessary rules and regulations for the protection and use thereof, and to provide means by which perpetual care of sections may be obtained, and generally to regulate the burial and disposition of the dead. Cemeteries. (23) To exercise full police powers and establish and maintain a department of police. police powers. (24) To build, erect and keep in repair bridges across the Savannah River at Augusta, the Georgia terminus of which is within the corporate limits of the city, with power to collect toll. Bridges. (25) To purchase, lease, erect, construct, receive or acquire a public market house in any locality in the city and to operate the same through the City Manager, or other department of the city, or by contract with a private person or corporation. Public market house. (26) To make and establish such rules and regulations as to them may seem fit and proper governing the employment, discharge, disclipline, salary and management of all

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or any part of the employees of the city. To establish, if they see fit, a Civil Service Commission, to elect the same, and to delegate to such Commission such powers and duties, as may seem fit and proper, in carrying out the provisions of this subsection and their action hereunder. If the City Commission acts under the provision of this subsection, so much of Section 22(c), 24 and 25 and all other portions of this Act as are in conflict with such action of the City Commission, are hereby declared void and of no effect. One action by the City Commission under the provisions of this sub-section shall not exhaust its powers hereunder. Employees. Civil service commission. (27) To have all powers, duties, rights and privileges heretofore granted, to the Mayor of the City of Augusta, to the City Council of Augusta, or to the Mayor and City Council of Augusta by the Constitution of the State of Georgia, or by any Act of the Legislature of the State of Georgia, either by general or special law, and not inconsistent with the provisions of this Act. General powers. (28) To do all things whatsoever necessary or expedient to be done or performed for the comfort, safety, convenience, benefit, health and advantages of said city and the citizens thereof. Public welfare. (29) To make and enforce all ordinances, rules and regulations necessary or expedient for the purpose of carrying into effect the powers conferred by this charter, and to provide and impose suitable penalties for the violation of such ordinances, rules and regulations, or any of them, by a fine of not exceeding three hundred dollars ($300.00) or imprisonment for not exceeding ninety (90) days, or both. Rules and regulations. The enumeration of particular powers in this charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein and implied hereby or appropriate to the exercise thereof; the said city shall have and exercise all other powers which it now possesses and enjoys and not inconsistent or in conflict with the powers herein expressed, and also such other powers as may be

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possessed and enjoyed by cities under the Constitution and general laws of Georgia. Sec. 5. Wards and Ward lines are abolished. Wards. Sec. 6. The present form of government of the City of Augusta, including the Civil Service Commission, is hereby abolished, and the offices of Mayor and Council and all other offices and boards of said city, created by legislative enactment, except as herein otherwise preserved and provided for, are hereby abolished. Present offices abolished. Sec. 7. There is hereby created a Commission which shall have full power and authority, except as herein otherwise provided, to exercise all the powers conferred upon the city, and, except as otherwise prescribed by this Act, or by the general laws and Constitution of Georgia, the Commission shall have and possess and shall exercise, subject to the provisions of this Act, all the authority and power, executive, administrative, legislative and judicial, now had, possessed and exercised by the Mayor and Council or any committee thereof, and the Commission may subject to the provisions of this Act, by ordinance or resolutions, prescribe the manner in which any power of the city shall be exercised. Commission Sec. 8. The Commission shall consist of five members, who shall be elected on a general ticket at large, and shall serve for a term of five (5) years from the first Monday of January in each year next following the date of their election and until their successors shall have been duly elected and qualified; provided, however, that they shall be subject to recall in accordance with the provisions of this charter, and provided that at the first election hereunder the five persons elected shall respectively hold office for respective terms of one, two, three, four and five years, said respective terms to be determined in the following manner, namely: The successful candidate receiving the largest number of votes to hold office for five years, the one receiving the next largest four years, the one receiving the next largest three

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years, the one receiving the next largest two years and the one receiving the next largest vote one year, subject to the provisions of this Act, and provided, further, that in case of any tie between successful candidates, the term to be held by such candidates shall be determined by lot. Members. Election. Terms. candidates. tions of Qualifica- Sec. 9. Each member of the said Commission for at least two years immediately prior to his or her election, shall have been a qualified voter of the City of Augusta, and during his or her term of office shall continue to be a resident of the City of Augusta, Georgia, and a qualified voter thereof. No person holding the office of Commissioner shall hold any other public office or employment except that of Notary Public or member of the State militia. No candidate shall expend or promise any money, office, employment or other thing of value to secure a nomination or election. Provided that any candidate may pay any entrance fee for any primary or election and may pay for advertising a purely formal notice or notices of candidacy in the newspapers, and provided further, that within five days after any nomination or election, all candidates shall file with the office of the city clerk a statement under oath showing compliance with the requirements of this section. A violation of these provisions, or any of them, shall disqualify a candidate from holding office, if elected, and the person receiving the next highest number of votes who has observed the foregoing conditions shall be entitled to the office. Commissioners shall be incompetent to hold any other municipal office during the term of office for which they were chosen; provided, nothing herein shall render them ineligible to be elected during said term to serve in a term immediately succeeding said term. Sec. 10. Any vacancy in the City Commission, except as otherwise provided in this Act, shall not be filled by the remaining members, at least three (3) members participating in the election. If such vacancy occurs within thirty (30) days of a regular election for Commissioner such appointee shall hold office until the first Monday in January

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after the second regular election for Commissioner held after the appointment, and at which election a Commissioner shall then be elected to fill the remainder of the unexpired term caused by the vacancy. If such vacancy occurs more than thirty (30) days prior to the next regular election then such appointee of the Commission shall hold office until the first Monday in January after the next regular election for Commissioner, at which election a Commissioner shall then be elected to fill the remainder of the unexpired term caused by the vacancy. If by reason of resignation, deaths, failure to elect or other circumstances, three or more vacancies exist or occur at the same time in said City Commission, or if said Commission fails to fill any vacancy within ten days after the same occurs, then the Governor of Georgia is hereby authorized and directed to make such number of appointments as may be necessary to constitute a City Commission of three qualified members, which three qualified members shall at once proceed to fill the remaining vacancies as hereinbefore provided, such appointee of the Governor to serve for such time as the appointee would have served had the appointment been made by the Commission as herein above provided. Vacancies. Sec. 11. Each member of said Commission except as hereinafter provided shall receive a salary of twelve hundred ($1,200.00) dollars a year, payable in equal monthly installments, and shall give bond for the faithful discharge of his duties in the sum of five thousand ($5,000.00) dollars with some bonding company regularly accorded to do business in the State of Georgia as surety thereof, to the City of Augusta; and the premium of such bond shall be paid by the city. Compensation. Bond. Sec. 12. The City Commission shall at the time of organization elect one of its members as Mayor for the term of one year. In case the members of the Commission, within five days after the time fixed for their organization meeting, are unable to agree upon a Mayor of said Commission then a Mayor shall be elected from all the members of said Commission

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by lot, conducted by the City Attorney, who shall certify the result of such election upon the journal of the Commission. The Mayor shall preside at all meetings of the Commission and perform such other duties consistent with the office as may be imposed by it; and shall have a voice and vote in its proceedings, but no veto. The Mayor may use the title of Mayor in any case in which the execution of legal instruments of writing or other necessity arising where the general laws of the State, or provisions of the present charter of Augusta, not conflicting with this Act so require, but this shall not be construed as conferring upon the Mayor the administrative or judicial functions of a Mayor under the general laws of the State. In case of absence, death, sickness or disability from any cause, the Mayor shall be unable to act, then any other Commissioner designated by the remaining Commissioners may discharge the duties and functions of the Mayor. Mayor of commission. Duties and powers. The Mayor of the city shall be recognized as the official head of the city by the courts for the purpose of serving civil process by the Governor for the purpose of military law and for all ceremonial purposes, and shall be the person described by the word Mayor in the Act entitled An Act to reorganize the military forces of this State, to adopt and make of force a military code, and to provide penalties for the violation thereof, to repeal all laws referring to the military forces not herein re-enacted, and for other purposes, approved August 22, 1905, and contained in the Georgia Laws, 1905, pages 133-166 inclusive and especially Sections 20 and 21 thereof. Sec. 13. Except for the purposes of inquiry, the Commission and its members shall deal with the administrative service through the City Manager and neither the Commission nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. Executive powers. Sec. 14. All appointments and elections by the Commission shall be viva voce and this vote recorded in the journal

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of the Commission. The Commission may determine its own rules of procedure, may punish its members for misconduct, and may compel the attendance of members in such manner and under such penalties as may be prescribed by the Commission. It shall keep a journal of its proceedings. A majority of all the members of the Commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. No person elected to the Commission shall during the term for which said person was elected, be elected to any other position or office of trust or profit under the City Government. Procedure. Sec. 15. The Commission shall elect a City Manager, a City Clerk, a Chief of Police, a Chief of the Fire Department and a Recorder of the Recorder's Court of Augusta and a City Attorney. City Manager and other officers. Sec. 16. On the first Monday of January in each year next following the regular municipal election, the Commission shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected Commissioners shall assume the duties of their office. Thereafter the Commission shall meet at such times as may be prescribed by ordinance or resolution, provided that it shall hold at least one regular meeting a week. Meetings. The Mayor of the Commission, any member thereof, or the City Manager, may call special meetings of the Commission at any time upon at least twelve hours' written notice to each member, served personally or left at the usual place of business or residence of such member; or such meeting may be held at any time without notice, provided all members of the Commission attend. All meetings of the Commission shall be public and any citizen may have access to the minutes and records thereof at all reasonable times. Sec. 17. For each absence of a Commissioner from a regular meeting of the Commission there shall be deducted from the pay of such Commissioner a sum equal to two

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per cent. of the annual salary of the Commissioner. Absence from five consecutive regular meetings shall operate to vacate the seat of a Commissioner, unless the absence is excused by the Commission by resolution setting forth the reason thereof and entered upon the journal. Absentees. Section 18. Except in dealing with questions of parliamentary procedure the Commission shall act only by ordinance or resolution, which shall be introduced in writing and all ordinances, except ordinances making appropriations or authorizing the contracting of indebtedness or issuance or bonds or other evidences of debt, shall be confined to one subject which shall be clearly expressed in the title. Ordinances and resolutions. Ordinances making appropriations or authorizing the contracting of indebtedness or the issuance of bonds or other obligations and appropriating the money to be raised thereby shall be confined to those subjects respectively. Nothing herein shall be construed to prevent the Commission from authorizing in and by the same ordinance the making of any one public improvement and the issuance of bonds therefor. Appropriations, etc. The enacting clause of all ordinances passed by the Commission shall be Be it ordained by the Commission of the City of Augusta, the enacting clause of all ordinances submitted to popular election by the initiative shall be Be it ordained by the people of the City of Augusta. Enacting clauses. No ordinance unless it be an emergency measure, shall be passed until it has been read at two regular meetings not less than one week apart or the requirement of such reading has been dispensed with by the affirmative vote of four of the members of the Commission. No ordinance or section thereof shall be revised or amended by its title or section number only, but the new ordinance shall contain the entire ordinance or section as revised or amended. Procedure.

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The ayes and nayes shall be taken upon the passage of all ordinances or resolutions and be entered upon the journal of the proceedings of the Commission, and every ordinance or resolution shall require on final passage the affirmative vote of at least three of the members. No member shall be excused from voting except on matters involving the consideration of the official conduct of such member or when the financial interests of such member are involved. Sec. 19. All ordinances and resolutions passed by the City Commission shall, except as by this Act otherwise provided, be in effect from and after thirty days from the date of their passage, except that the City Commission may, by an affirmative vote of four of its members, pass emergency measures to take effect at the time indicated therein. Ordinances. Effective when. 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. Emergency measures. Ordinances appropriating money may be passed as emergency measures, but no measure making or granting a renewal or extension of a franchise or other special privilege shall ever be so passed. Sec. 20. Every ordinance or resolution upon its final passage shall be recorded in the book kept for that purpose, and shall be authenticated by the signature of the presiding officer and the City Clerk. Record and publication. Every ordinance of a general or permanent nature shall be published in full once within ten days after its final passage in a newspaper or newspapers of general circulation published in the municipality, and where legally permissable, such publication shall be made but once, provided that the foregoing requirements as to publication shall not apply to ordinances re-ordained in or by a general compilation

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or codification of ordinances printed by authority of the Commission. A record or entry made by the City Clerk or copy of such record or entry duly certified by such Clerk, shall be prima facie evidence of the terms of the ordinance and its due publication. All ordinances and resolutions of the Commission may be read in evidence in all courts and in all other proceedings in which it may be necessary to refer to them when certified and authenticated in the manner required by the general laws of the State of Georgia. Sec. 21. The City Manager shall be the administrative head of the municipal government. Such Manager shall be chosen by the Commission without regard to political beliefs and solely upon the basis of the execution and administrative qualifications of such person. The choice shall not be limited to inhabitants of the City or State. City Manager. Appointment. The City Manager shall receive such compensation as shall be provided by the Commission by ordinance, provided that at its organization meeting the Commission may fix for not longer than thirty days the salary of the City Manager by resolution and thereafter by resolution for each thirty days until the ordinance fixing said salary can be and is legally passed. Compensation. The City Manager shall be appointed for an indefinite period and shall serve at the pleasure of the Commission. During the absence or disability of a City Manager, the Commission shall designate some properly qualified person to perform the duties of the office of City Manager. Term. Substitute. The first City Manager shall be elected at the organization meeting of the Commission or as soon thereafter as possible and thereafter whenever there may be a vacancy in the office. First election. Sec. 22. The City Manager must devote all of his working time and attention to the affairs of the city and shall be

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responsible to the Commission for the efficient administration of all the affairs of the city. Duties and powers. The City Manager shall have power and it shall be his duty: (a) To see that all laws and ordinances are enforced. Executions. (b) To appoint a City Collector and Paymaster, a City Comptroller, a City Sheriff, a City Tax Assessor, and a Superintendent of Public Works subject to confirmation by the Commission, and to appoint and employ all other necessary employees of the city, without confirmation by the Commission, excepting from the power of appointment by the City Manager those officers whom this Act provides for appointment or election by the Commission. Officers. (c) To remove heads of departments and all other employees, except the City Clerk, the Chief of Police, the Chief of the Fire Department, the City Attorney and the Recorder of the Recorder's Court, without the consent of the Commission and without assigning any reason therefor, except that in case of removal of the head of any department, the City Manager shall state to the Commission in writing the cause of such removal; provided, nothing herein shall operate to confer upon the City Manager supervision and control over the members of the Board of Education of Richmond County or any employees of said Board; and provided, further, that the City Manager shall have no supervision and control over the University Hospital other than may be specifically delegated by the Commission. Removal of officers. (d) To exercise supervision and control of all departments and all divisions created herein or that may be hereafter created by the Commission, except as otherwise provided in this Act. Supervision. (e) To attend all meetings of the Commission with the right to take part in the discussions but having no vote. The City Manager shall be entitled to notice of all special meetings. Commission meetings.

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(f) To recommend to the Commission for adoption such measures as he may deem necessary or expedient. Recommendation. (g) To see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof call the same to the attention of the City Attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same. Violation of contracts. (h) To make and execute all lawful contracts on behalf of the city except such as may be otherwise provided by law or by ordinance passed by the Commission, provided that no contract, purchase, or obligation involving over one thousand ($1,000.00) dollars shall be valid and binding until and after approval by the Commission. Contracts. (i) To act as Budget Commissioner and as such to prepare and submit to the Commission prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensueing year, showing in as much detail as practicable the amounts allotted to such department of the city government and the reasons for such estimated expenditures. Budget commission. (j) To keep the Commission at all times fully advised as to the financial condition and needs of the city. Financial advice. (k) To 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 Clerk of the City in the official newspaper. Report. (l) To fix all salaries and compensation of city employees not otherwise provided by this Act, subject, however, to supervision, control, or disapproval by the Commission. Salaries. (m) To perform all such other duties as may be prescribed by this Act or required of the City Manager by ordinance or resolution of the Commission. Other duties.

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Sec. 23. The City Commission shall appoint, elect and fix the compensation of a City Attorney to hold office for the term of each fiscal year, but subject to removal at the pleasure of the Commission. The City Attorney shall be elected and appointed by the City Commission at their first regular meeting after the first Monday in January in each year. The City Attorney shall act as the legal adviser to, and attorney and counsel to the municipality and all its officers in matters relating to their official duties. The City Attorney shall prepare all contracts, bonds, and other instruments in writing in which the municipality is concerned, and shall endorse on each approval of the form and correctness thereof, and no such written contracts with the municipality shall take effect until the approval of the City Attorney is endorsed thereon. City attorney. In addition to such duties, the City Attorney shall perform such other duties as may be required by the City Commission as well as such as may be required of City Attorney by the general laws of the State applicable to municipalities. Sec. 24. The Police Department shall be under the direct management of the Chief of Police elected by the Commission to hold office at the pleasure of the Commission. The compensation of the Chief of Police shall be fixed by the Commission and the salaries of other officers and employees of the Police Department shall be fixed by the City Manager subject to the approval of the Commission. All officers and employees of the Police Department shall be elected and appointed by the City Manager to serve at his pleasure. The Police Department shall be charged with the enforcement of all laws and ordinances of the City of Augusta and to this end shall co-operate with the City Manager. Police department. Sec. 25. The Fire Department shall be under the direct management of the Chief of the Fire Department elected by the Commission and to hold office at the pleasure of the Commission. The compensation of the Chief of the Fire

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Department shall be fixed by the Commission and the salaries of the other officers and employees of the Fire Department shall be fixed by the City Manager subject to the approval of the Commission. All officers and employees of the Fire Department shall be elected and appointed by the City Manager and serve at his Pleasure. The Fire Department and Chief shall at all times be subject to the supervision and control of the Commission and the Department shall be charged with the duty of preventing and fighting fires, the enforcement of the laws and ordinances designed to prevent fires and with such other duties as may be assigned to the Department by the Commission. All purchases for the Fire Department must be made by the City Manager, and the Chief of the Fire Department and City Manager shall co-operate in their respective duties for the advancement of an efficient and economical administration of the affairs of the city. Fire department. Sec. 26. The Commission shall at their organization meeting and as soon as they shall qualify, or as soon thereafter as practicable, elect a City Clerk. City Clerk. The City Clerk shall discharge all duties heretofore imposed by Legislative Act upon and discharged by the Clerk of Council, which latter office is hereby abolished, and whenever in the form of any writ, execution or official paper the words and name of Clerk of Council have appeared and been used, then the words of City Clerk shall in the future, on and after the organization meeting of the Commission herein created, be substituted and used. Duties. The City Clerk 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 the date of such person's election. The City Clerk shall hold office at the pleasure of the Commission. Eligibility. The City Clerk shall devote his entire working time to the duties of his office and shall receive such salary as the Commission shall fix. Salary.

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The City Clerk or his deputy shall attend all meetings of the Commission and shall keep accurate minutes of their proceedings. Other duties. The City Clerk shall keep in office all oaths taken by and all bonds of officers and employees, and shall keep a record of all elections and appointments to office, and shall perform such other duties as may be provided by this Act or as may be imposed by the Commission not inconsistent herewith. Sec. 27. The City Commission may, at their discretion, elect a Recorder of the Recorder's Court of Augusta in accordance with the powers now conferred upon the Mayor and Council, and the Recorder shall have all the powers and duties now fixed by law for the Recorder of the Recorder's Court of Augusta and with the addition of such other powers and authority as may be provided by this Act. Recorder's Court. The Recorder shall be ex-officio Justice of the Peace. The salary of such Recorder shall be fixed by the Commission. Recorder. Such Recorder shall hold office at the pleasure of the Commission. The Recorder, Chief of Police and all other officers and officials of said Recorder's Court shall pay into the City Treasury all costs, fees and emoluments arising or accruing in cases where they act as Justices of the Peace, Constables or other State officers. Costs and fees. The Clerk of the Recorder's Court shall render a daily report to the City Manager upon such form as may be approved by the City Manager, showing in detail the transaction of the Recorder's Court. Clerk. Sec. 28. The City Mangaer shall appoint, subject to confirmation by the Commission, a City Comptroller, who shall hold office at the pleasure of the City Manager. His salary shall be fixed by the Commission by resolution. The

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office of City Comptroller may be combined with any other office not inconsistent therewith. Comptroller. The City Comptroller shall be the custodian of all moneys of the municipality and shall keep and preserve the same in such manner and in such place or places as shall be determined by the Commission. The City Comptroller shall pay out money only on warrants countersigned by the City Manager. In addition to such duties, the City Comptroller shall perform such other duties as may be prescribed for his office by the City Commission or required by the City Manager. The City Comptroller shall give such bond as may be required by the Commission and shall give his entire working time to the duties of his office. Sec. 29. The City Manager shall appoint, subjejct to confirmation by the Commission, a City Collector and Paymaster, who shall have such duties and give such bond as may be required by the City Manager. The salary shall be fixed by the Commission by resolution. Collector and paymaster. Sec. 30. The City Manager shall appoint, subjejct to confirmation by the Commission, a City Sheriff, who shall hold office at the pleasure of the City Manager. The salary of the City Sheriff shall be fixed by the City Commission by resolution. Sheriff. The City Sheriff shall discharge and perform the duties now prescribed for the City Sheriff under the present form of government of the City of Augusta and such other duties as may be prescribed for his office by the City Commission or required of him by the City Manager. Sec. 31. The City Manager shall appoint subject to confirmation by the Commission, a Superintendent of Public Works, who shall be a civil engineer, and the salary of said Superintendent shall be fixed by the Commission by resolution. Superintendent of public works.

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The duties of the Superintendent of Public Works shall be those prescribed by the City Manager. Sec. 32. The City Manager shall be the purchasing agent for the city, by whom all purchases of supplies and all contracts for printing shall be made and he shall approve all vouchers for the same, provided that all contracts or agreements made by him requiring the expenditure of money to the amount of one thousand dollars ($1,000.00) or more shall be first approved by the City Commission. In the capacity of Purchasing Agent, he shall conduct all sales of personal property which the Commission may authorize to be sold and which have been unnecessary or unfit for the city's use. All purchases and sales shall conform to such regulations as the City Commission may from time to time prescribe but in any case of an amount in excess of one thousand dollars ($1,000.00) be involved, opportunity for competition shall be given after due advertisement for a week prior to the said sale. Purchasing Agent. The City Manager shall publish once a month in the official newspaper of the city a statement of all expenditures by the city, except regular monthly expenditures and salaries and shall publish in said newspaper an annual statement showing all expenditures not included in the monthly publication. Such statements shall show the name of the seller of the goods purchased. Monthly statement. Sec. 33. All administrative and judicial offices and departments of the city in existence December 31st, 1923, shall, unless otherwise provided by this Act, continue until otherwise provided by the City Commission and all administrative and judicial officers and boards in charge of any administrative department of the city shall continue in office until their successors shall be appointed by the City Commission as heretofore appointed by the Mayor and Council, excepting as other provision is made in this Act or may hereafter be made by the City Commission excepting the offices, boards, commissions and departments herein specially mentioned and provided for, the City Commission

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shall have power to establish, create, combine, consolidate or abolish officers, offices, boards, departments or other divisions when in its opinion the proper administration of the business of the city so requires. Certain offices continued. Sec. 34. Except a member of the City Commission, neither the City Manager nor any other officer nor employee of the city shall directly or indirectly be interested in any contract, sale, job, work or service with or for the city, nor in the profits or emoluments thereof, nor in the expenditure of any money on the part of the city other than the fixed compensation of such officer and any contract with the city in which any such officer or employee is or becomes interested, may be declared void by the City Commission. Contract interest forbidden. No member of the City Commission, the City Manager or other officer or employee of the city shall knowingly accept any gift, frank, free ticket, pass from any person, firm or corporation operating a public utility or engage in business of a public nature within the city or from any person known to be endeavoring to secure a contract with the city. But this provision of this Act shall not apply to the transportation of policemen or firemen in uniform or wearing their official badges nor to passes furnished by interstate carriers. Franking, etc. Neither the City Manager nor any person in the employ of the city under him shall take any part in securing or contributing any money towards the nomination or election of any candidate or candidates for the office of Commissioner excepting to answer such questions as may be put to him and as he may desire to answer. Campaign contributions. A violation of the provisions of this section shall subject the offender to removal from office. Penalty. Sec. 35. There shall be a Health Officer of the City. He shall be appointed subject to confirmation by the Commission, by the City Manager to hold office at the pleasure of the City Manager. His compensation shall be fixed by the Commission by resolution. Health officer.

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All powers, rights and duties of every kind whatsoever, vested in the Board of Health of Augusta by an Act entitled An Act to amend an Act entiled `An Act to authorize the City Council of Augusta to create a Board of Health for said city,' approved February 26, 1877, and amended August 23rd, 1879. Approved December 8, 1880, and contained in the Georgia Laws, 1880-1, page 365, and by an Act entitled An Act to amend an Act entitled an Act to amend an Act entitled an Act to authorize the City Council of Augusta to create a Board of Health for said city, approved February 26, 1877, and amended August 23rd, 1879, approved December 8, 1880. Approved December 24, 1880, and contained in the Georgia Laws, 1888, page 230, shall be and are hereby vested in the Health Officer of the City of Augusta, subject only to supervision by the City Manager. So much of said Acts creating the Board of Health of Augusta as are in conflict with this Act are hereby repealed. Acts of 1880 applicable. Provided, however, that the City Commission by resolution or ordinance, may make an arrangement with the authorities of the Medical Department of the University of Georgia, providing for the health and sanitation of the City of Augusta, and, upon the consummation of such an arrangement, the City Commission may abolish the office of Health Officer. Abolishment of office. Sec. 36. All Acts of the General Assembly of the State of Georgia relative to or concerning the streets, alleys or sidewalks of the City of Augusta, or relative to, or concerning the paving, improving, macadamising or curbing the same or regulating the width, parking or otherwise affecting said sidewalks, streets or alleys, which are now in force shall be and remain of full force and effect, except, however, that all powers and duties conferred and imposed by said Acts upon the Mayor and Council of said city with respect to said streets, alleys, or sidewalks or the regulation of the same, or concerning the paving, improving, macadamizing or curbing the same, are hereby conferred and imposed upon the Commission by this Act created. Street improvement.

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Sec. 37. The Recorder's Court of the City of Augusta as it now is under present laws, shall continue to be the Police Court of said city, with all the rights, authority, power and jurisdiction now possessed and exercised by the Recorder's Court not in conflict with this Act, and with the addition of such powers, authority and jurisdiction as may be created by this Act. Recorder's Court to be Police Court. In case of disqualification, illness, absence from the city or vacancy in office of the Recorder, the Mayor or by the appointment of the Mayor anyone of the Commissioners may act as Recorder, and shall have all the power and authority of the Recorder while acting as such. Recorder pro tem. The present laws governing the taking of certioraris from the Recorder's Court of Augusta shall continue in force. Certiorari. Sec. 38. All ordinances and resolutions in force at the time of the taking effect of this Act, not inconsistent with its provisions, shall continue in full force and effect until amended or repealed. Ordinances and resolutions effective. Sec. 39. All persons holding office at the time this Act goes into effect, and likewise all employees of the police, fire and other departments of the city, shall continue in office or in their positions of employment, and in the performance of their duties until provision shall have been made otherwise in accordance with this Act for the performance or discontinuance of the duties of any such office or position of employment. When such provision shall have been made, the term of any such officer shall expire and the office be deemed abolished. The powers which are conferred and the duties which are imposed upon any officer, board, or department of the city under the laws of the State, or under any city ordinance or contract in force at the time of the taking effect of this Act shall, if such office or department is abolished by this Act, be thereafter exercised and discharged by the Commission, officer, board or department upon whom are imposed corresponding functions, powers and duties by this Act or by any ordinance or the resolution of the city hereafter enacted. Officers continued in office.

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Sec. 40. All vested rights of the city shall continue to be vested and shall not in any manner be affected by the adoption of this Act; nor shall any right or liability or pending suit or prosecution either in behalf of or against the city be in any manner affected by the adoption of this Act, unless otherwise hereinbefore especially provided to the contrary. All contracts entered into by the City or for its benefits prior to the taking effect of this Act shall continue in full force and effect. Vested rights. The public work begun prior to the taking effect of this Act shall be continued and perfected hereunder. Sec. 41. Before entering into the discharge of their duties, each of said Commissioners, shall take and subscribe before some officer authorized to administer oaths, the following oath which shall be entered on the minutes of the Commission. I do solemnly swear that I will faithfully demand myself as a Commissioner of the City of Augusta during my continuance in office; that I will discharge the duty 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 Augusta, the Constitution and the laws of the State of Georgia, and of the United States of America; that I do further swear that I have not, either in general election or in the party primary in which I was a candidate, directly or indirectly expressed or implied my promise of support to any person for any office in the government of the City of Augusta, nor have I influenced my election by the unlawful use of money or other things of value nor by the use of intoxicating liquors. I do further swear that I will not knowingly permit my vote, in the election or the 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 hope thereof, but that in all things pertaining to said office, I will be governed by my conviction as to the public good. So help me God. Commissioners' oath of office.

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Sec. 42. The Commission herein created or any committee thereof shall have power at any time to cause the affairs of any department or the conduct of any officer or employee to be investigated; and for such purposes shall have power to compel the attendance of witnesses and the production of books, papers and other documents, and for that purpose may issue subpoenas which shall be signed by the Mayor or Member, or Members, of the Commission making the investigation. Investigations. The authority making such investigations shall also have power to cause testimony to be given under oath. If any witness, so subpoenaed, shall fail or refuse to answer questions propounded, or shall fail or refuse to produce any such books, papers or documents, such person shall be cited by the Commission or Committee of the Commission to appear before the Ordinary of the County who shall hear in a summary way, the reasons or excuses of such person for such failure or refusal, and the Ordinary shall have authority to impose such punishment as for a contempt as he may see proper, not to exceed a fine of one hundred ($100.00) dollars or imprisonment not to exceed ten days, or both in the discretion of the Court. Sec. 43. The books and records of the city shall be audited at least once every six months by expert auditors or accountants employed for this purpose by the Commission, and such auditors or accountants shall make written reports of their findings. The fees or expenses of such auditors or accountants shall be paid for out of the city funds. Audits. Sec. 44. The present method of taking property for taxation of said city of assessing the property of said city and of levying and collecting such taxes, and other revenues of said city shall until otherwise provided by ordinance of the Commission continue in force. Method of assessment and taxation continued. All persons subject to taxation by the city who shall neglect or refuse to render in his, hers, their or its property, or pay the tax on the same, when required by ordinance to

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do so, may be proceeded against by execution, which execution shall issue, directed to and authorizing and commanding the Sheriff of said city to levy upon the property and effects of such persons, and the property and effects so levied upon shall be sold in the manner hereinafter provided, and the tax due, with all costs satisfied. All executions issued by the City Clerk of the City of Augusta shall be directed to the Sheriff of said city, and issued in the name of The City of Augusta, and be signed by said City Clerk, and shall state for what issued and be made returnable to the City Clerk aforesaid ninety days after the issuing of the same, and it shall be the duty of the Sheriff of said City 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 as advestisements of Sheriffs sale of real or personal property are by law required to be made. All of said sales are to be made at the place and within the usual course of Sheriff's sales and to be made under the same rules and regulations as govern Sheriff's sales of similar property. Execution sales. The time place and manner of sale of property both real and personal, for taxes due, shall be the same as that provided by law for Sheriff's sales for State and County taxes. Whenever any land is sold, the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor with ten per cent premiums thereon. Redemption. Whenever at any such sale for taxes due no one present shall bid for the property, put up to be sold as much as the amount of such tax execution and all costs, and after such property shall have been cried at reasonable time, then any duly appointed officer or agent of the City of Augusta may bid off such property for the city and the Sheriff or other officer making such sale shall make to the City of Augusta 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 redemption by

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the owner shall have elapsed, and the Sheriff or officer making the sale shall put the city in possession and the Commission shall have no power to divert or alienate the title to the city, to any property so purchased except by public sale to the highest bidder in such manner as may be prescribed by the ordinances of the city. The City Clerk shall keep an execution docket on which shall be entered the date thereof, time and to whom delivered and the proceedings had thereunder such execution shall also be returned to the office of the Clerk after satisfaction of same. Docket. Where affidavits of illegality or claims are interposed then all the papers shall by the City Clerk be transmitted to the Clerk of the Superior Court of Richmond County, where such illegality or claim shall be tried. Affidavits of illegality. When affidavits of illegality are filed to executions so issued the person making the affidavit shall at the same time deliver to the Sheriff a bond of good security, conditioned to deliver the property at the time and place of sale, if the issue of illegality shall be adjudged against him. In all cases, however, a levy shall be made before an affidavit of illegality can be received. Bond. Tax executions in favor of the City of Augusta shall constitute a lein on property within the corporate limits of the city from the time as of which in each year property is assessed against the owners thereof for return and shall have priority on property within the corporate limits of the city over all other judgments and executions except those due the State and County and by order of the Commission shall be transferred to any person who will pay the full amount and costs of the same and the transferee shall be subrogated to all the rights of the city as to the enforcement of such execution which shall retain all its prior liens. Lien. Sec. 45. Be it further enacted, That on the 3rd Friday in November 1922 an election shall be held in said City of Augusta submitting to the qualified voters thereof the question

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of the adoption of the provisions of this Act and under the regulations hereinafter provided. Those favoring the adoption of this Act shall have written or printed in their ballots, For Commission Manager Government, and those opposing shall have written or printed on their ballots, Against Commission Manager Government. At said election the polling places shall be at the regular voting places in each ward in said city in the City of Augusta and shall be open and ready for voters at 6 o'clock A. M., and shall be closed at six o'clock P. M. The managers of said election shall conduct the same in that same manner and under the same regulations as general elections for Mayor and Council are held in said City of Augusta under existing statutes except as they may be altered by this Act. The Mayor of the City of Augusta shall oppoint the managers and Clerks for holding said election, but no employer or officer of the City of Augusta shall be appointed as Manager and Clerk; provided that an equal number of Managers and Clerks in favor of and opposed to the Commission Manager Form of Government shall be appointed and make all usual and necessary provisions for holding said election, providing as many polling places at said Court House as may be deemed expedient, one of which polling places shall be exclusively for qualified negro voters. The expenses of holding said election shall be borne by the City of Augusta and provisions for paying the same shall be made by the Mayor and Council. After the polls have been closed, the said managers on the evening of said election shall meet in the Superior Court room of said Court House, count and consolidate the votes and at four o'clock P. M., the third Monday of November 1922 make returns of said election to the said Mayor and Council at a special meeting of said Mayor and Council which shall at that time be held. If the majority of the votes cast at said election be For Commission Manager Government, then all the provisions of this Act shall be in full force and effect in said city thereafter. Election to ratify. Ballots. Managers. Within fifteen days from the approval of this Act by the Governor of the State of Georgia, the Mayor of the City of

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Augusta shall appoint three of the following named officials, namely, the City Comptroller, Treasurer, Clerk, Attorney and Tax Assessor, who shall within ten days thereafter make up an accurate and complete list of all names of persons signed in the permanent qualification book or voter's book of Richmond County since the completing of the list for the last general election of said city, and not before placed by the Board of Registrars of said city on said registration list, and who reside within the corporate limits of the City of Augusta; and within five days after the completion of said list and said three appointees shall file with the Clerk of Council of the City of Augusta said supplemental registration list showing the names of additional voters who are entitled to vote at said special election and any person whose name appears on said list may vote at such special election, but said three appointees shall purge said list before filing it, of all persons (1) who are disqualified under the provisions of Paragraph 4, Section 1, of Article 2, of the Constitution of this State as modified by the 19th Amendment to the Constitution of the United States; (2) who have failed to pay all State and County taxes due by them at least six months before said election except taxes for the year of the election; (3) who have failed to pay all city taxes due by them at least three months before said election, except taxes for the year of the election; (4) who are not citizens of the United States, or who have not resided in the State of Georgia for twelve months, or who have not resided in the County of Richmond for six months or who have not resided in the City of Augusta ninety days, immediately preceeding the date of said special election to be held. It shall further be the duty of said three appointees to purge the list of registered voters prepared for the last general election in said city of any names of persons subsequently disqualified under any of the specifications above set out for purging said supplemental list, and it shall be the duty of said Clerk of Council to furnish to each of the managers of said special elections two lists, one composed of the purged list of voters entitled to vote by reason

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of the registration for the last general election and the other made up of the names of those entitled to vote by their subsequent registration, as herein before provided for, and no one shall be permitted to vote in said special election unless his name is upon one of the lists furnished by said three appointees to said Clerk of the Council and by him to the managers of said election, provided no person shall be deprived of the right to vote in said election if it conclusively appears to the managers of the same from inspection of the original list furnished by said three appointees that the name of such person was omitted from the printed list furnished by the Clerk of the Council by inadvertence or clerical error provided further the voter takes and subscribes the following oath: Registration list. Disqualification. I do solemnly swear that I am (here insert name, the same as on registration list). That I am duly qualified as a permanent elector, and at the time gave my address as (here insert the address given in registration book); that I have for the last six months resided at the following addresses (here give detailed addresses during last six months with such particularity that same can be readily proved or disproved); that I have resided at such places under the name of (here insert any name or alias used). That I am a citizen of the United States; that I have resided in the State of Georgia for twelve months immediately preceding this election, and six months in the County of Richmond and within the corporate limits of the City of Augusta 90 days immediately preceding this election, and that I do in good faith, hold and claim my residence and home in said State, county and city for the time aforesaid; that I am 21 years of age; that I have paid all taxes due to the City of Augusta and to the State of Georgia and County of Richmond since the adoption of the present constitution of this State, and which I have had an apportunity of paying, agreeably to law except for the year of this election; that I have been duly registered within the time prescribed by law and am entitled to vote at this election, and that I have not voted at this election, so help me God. Voter's oath.

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The Clerk of Council, Treasurer and Sheriff of the City of Augusta shall each and all actively assist said three appointees in preparing and purging said registration lists. Preparation of lists. For conducting such elections, the Mayor and Council shall cause to be erected at polling places where ballots are to be received a booth or booths, each of sufficient size to accomodate one voter at a time, and so constructed that the voter, in preparing and voting his ballot at said election shall be screened from observation by any and all persons and all voters in said election are hereby required to enter the compartment or booth so erected for the purpose of preparing and casting their ballots, said booths to be constructed so as to admit of easy approach and access to the ballot box or boxes where the ballots of such voters shall be deposited. Only one voter shall be admitted into a booth at the same time and no person shall be allowed inside a booth or compartment until said voter shall have prepared and cast his ballot, which he shall do as speedily as the same can be done, in order to permit other voters to enter for the same purpose; provided, that any voter may at his request have two managers of said election to prepare his ballot for him if, by reason of being unable to read or blindness or other physical infirmity, such voter may be unable to prepare his ballot for himself. It shall be the duty of the Mayor to provide official ballots for said election, with the following language printed thereon so that the voter may express his choice, to-wit: For Commission Manager Government: Against Commission Manager Government, and if a voter desires to vote for Commission Manager Government, he shall mark out or strike the words Against Commission Manager Government, and if the voter desires to vote against Commission Manager Government, he shall mark out or strike the words For Commission Manager Government. Booths. Ballots. No voter shall cast any ballot not an official ballot obtained in the respective polling places and the managers shall not receive or count any vote ticket or ballot other

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than on the said official ballot. Said ballots shall be numbered consecutively and bound together in blocks or pads, in such manner that each ballot may be detached and removed separately. Each 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 or letter shall be printed on the ballots used at the various polling places, so that the ballots at no two polling places shall bear the same designation, and so that all 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 designation on the ballot and the number and designation on the stub bearing the name of the particular voter, without exposing, inspecting or disclosing the face of the ballot itself. At the heads or tops of each of said ballots shall be printed the words Official Ballot for Commission Manager Government, and there shall be endorsed underneath said language the signature of the Mayor and for this purpose he may use a stamp with a facsimile of his signature impressed thereon. No ticket vote or ballot shall be used, voted or counted in said election, unless the same is procured by the voter from the managers and complies with the above requirements in substantial form. There shall be prepared and furnished to the managers a sufficient number of tickets or ballots, as provided above, in order to supply all of the voters qualified to vote in said election. If any voter should spoil a ballot he shall be entitled to receive a new ballot provided he returns to the manager or managers the unused or spoiled ballot.

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Before depositing any ballot or ticket in the box or permitting any ticket or ballot to be deposited in the box, the manager or managers must see that the ticket or ballot attempted to be voted by the voter bears the same designation and the same number as the stub which bears the name of the particular voter. No printer, publisher or other person engaged by the Mayor to provide tickets or ballots for said election shall deliver or furnish a ballot or ballots, or any likeness of the same, to any person other than said managers or on their written order, and no person engaged by such printer or publisher or other person to aid or assist in the printing or preparation of said ballots shall retain, or deliver or furnish a ticket or ballot or any likeness of the same, to any person other than said managers or on their written order, nor shall any preson, who, having in any manner procured an official ballot or likeness thereof, furnish, deliver or give the same to any one other than one of said managers. Provided, however, that the Mayor shall publish the form of the ballot with instructions as to how to mark the same in a newspaper or newspapers of general circulation in said city, in each issue of such newspaper or newspapers for ten days prior to the said election. Any person who knowingly and wilfully violated any of the provisions of this Section shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1065 of the Penal Code of 1910. Penalty. Section 46. If the majority of those voting in said special election to be held on the third Friday of November 1922 shall vote for Commission Manager Government. Then on the third Friday of November 1924 there shall be held an election of the five Commissioners of the City of Augusta to constitute the Commission created by this Act. Such election shall be held by managers and clerks appointed by the Mayor and Council and they shall hold the said election under the same laws and regulations as now govern elections for Mayor and Council of said City of Augusta.

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The managers shall report the result of said election to the Mayor and Council as the results of the city elections are reported, and the Mayor and Council shall thereafter at their first meeting thereafter held, whether regular or called, declare the five persons who shall receive the highest number of votes cast at such elections as Commissioners. It shall be determined by lot among themselves which of the five candidates elected shall respectively hold office for the respective terms of one, two, three, four and five years, beginning on the first Monday in January 1922, and until their successors are chosen and qualified. (If Optional paragraph 8 is adopted this to be changed accordingly.) Election of commission. Sec. 47. On the 3rd Friday of November of each year thereafter, a general, or regular, election shall be held to elect a Commissioner for a full term of five years to succeed the one whose term is about to expire and at such regular election, there shall also be elected Commissioners to fill unexpired terms temporarily filled by the Commission or the Governor more than thirty (30) days prior to such election. The term of each Commissioner elected at such regular election shall begin on the first Monday in January following election. Such election shall be held under the laws, rules and regulations now governing regular elections held for the election of the Mayor and Council of the said City of Augusta. Successors; elections. Sec. 48. All special elections, and all special initiative, referendum and recall elections of the City of Augusta shall be held under the laws, rules and regulations now governing special elections of said city, except as otherwise provided by this Act, and all initiative, referendum and recall elections held at the same time as a general election for Commissioners shall be held under the laws, rules and regulations now governing regular elections held for the election of Mayor and Council of the said city except as otherwise provided by this Act. Special elections. Sec. 49. The Acts of the General Assembly of the State of Georgia providing that political parties or organizations

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shall nominate their candidates for all offices of the City of Augusta which are now, or which may hereafter be elected by the people of the City of Augusta, by primary elections, shall remain in full force and effect, and all provisions thereof shall govern primary elections held by such political parties or organizations for the nomination of candidates for the offices of Commissioners created by this Act. Primaries. Any primary elections held under the provisions of this Act shall be held in accordance with the terms of an Act entitled: An Act to amend the charter of the City of Augusta in this State, so as to prescribe the mode of conducting any primary or other such election in said City of Augusta, held for the purpose of nominating or selecting a person to be afterwards a candidate at a subsequent regular election held to fill any office of the City of Augusta as now or may be hereafter provided by the charter, or any amendments thereto, of the City of Augusta; to prescribe penalties for violations of this Act, and for other purposes. Approved August 15, 1903. Contained in Georgia Laws 1903, pages 425-427 inclusive, as amended by this Act. Act of 1903 effective. Sec. 50. In all elections held under this Act, the provisions of an Act entitled; An Act to provide that whenever the regular municipal election of the City of Augusta, now fixed by law to be held on the first Wednesday in December, for the election of Mayor and Members of Council, either or both, or any special election therefor, is held, that the balloting thereat shall be by secret ballot; to provide for the regulation of such elections, the mode, method and requirements for holding same, and for other purposes. Approved August 15, 1913. Contained in Georgia Laws, 1913, pages 604-611 inclusive, shall remain in force except as repealed or amended by this Act. Act of 1913 effective. Sec. 51. (A.) Any proposed ordinances including ordinances for the repeal or amendment of an ordinance then in effect may be submitted to the City Commission by petition signed by at least five per cent of the total number of registered voters in the municipality as shown by the official

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registration list filed for the general election of Commissioners last held. All petitions circulated with respect to any proposed ordinance shall be uniform in charter, shall contain the proposed ordinance in full, and shall have printed or written thereon the name and addresses of at least five qualified voters who shall be officially regarded as filing the petition and shall constitute a committee of the petitioners for the purpose hereinafter named. Each signer of a petition shall sign his name in ink or indelible pencil and shall place on the petition opposite his name the date of his signature and his place of residence by street and number. Initiative. Petitions. The signatures of any such petition need not all be appended to one 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 appended to the paper is the genuine signature of the person whose name it purports to be and that it was made in the presence of the affiant on the date indicated. (B) All papers comprising a petition shall be assembled and filed with the City Clerk as one instrument within sixty (60) days from the date of the first signature thereon and when so filed, the Clerk shall submit, the same to the City Commission at its next regular meeting and provision shall be made for public hearings upon the proposed ordinance. How filed. (C) The City Commission shall at once proceed to consider such petition and shall take final action thereon within thirty (30) days from the date of submission. If the City Commission rejects the proposed ordinance, or passes it in a different form from that set forth in the petition, or fails to act finally upon it within the time stated, then, if within five days thereafter the committee of the petitioners file with the City Clerk written demand so to do, the City Clerk shall at once upon the expiration of said five days cause three printed or type written copies of such petition, without the signatures, to be made. He shall cause said three copies of such petition to be placed on file in his office, and provide facilities for their signing the same, and shall immediately

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cause notice to be published in some newspaper of general circulation in the city of the placing of such copies of such petition which shall remain on file in the office of the City Clerk for a period of twenty days, during which time any of them may be signed by a qualified voter of the city in person, but not by agent or attorney. Each signer of any such copy shall sign his name in ink or indelible pencil and shall place thereafter his residence by street and number. If during said time qualified voters in the municipality as shown by the official registration last held shall sign such copies of said petition, the Clerk shall forthwith certify such fact to the Commission. Action of commission. (D.) If an election is to held not more than three months nor less than thirty days after the aforesaid certification by the Clerk, such proposed ordinance shall be submitted to a vote of the qualified voters at such election if no election is to be held within the time aforesaid the Commission shall provide for submitting the proposed ordinance to the qualified voters at a special election to be held not later than sixty (60) days nor earlier than thirty (30) days after the publication of such notice, if the petition for such ordinances and the petition for such election so demand, and if the signers of the said copies of said petition amount in the aggregate to at least thirty per cent, of the registered voters of the city, otherwise the same shall be submitted at the next general or special city election. At least ten days before any such election the City Clerk shall cause such proposed ordinance to be published. Referendum. (E.) The ballots used when voting upon any such proposed ordinance shall state the title of the ordinance to be voted on and below it the two propositions. For the Ordinance and Against the Ordinance. Those voting for the Ordinance shall draw a mark thru the words, Against the Ordinance, and those voting against the ordinance shall draw a mark thru the words, For the Ordinance. If a majority of the qualified voters voting on any such proposed ordinance shall vote in favor thereof, it shall thereupon become an ordinance of the city. Ballots.

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(F.) Before any ordinance so proposed shall be submitted to the City Commission, it shall first be approved as to its form and legal validity by the City Attorney, whose duty it shall be to draft such proposed ordinance in the proper legal language, and to render such other service to persons desiring to propose such ordinances as shall be necessary to make the same proper for consideration by the City Commission. Attorney's approval. (G.) No ordinance adopted by an electoral vote, as hereinbefore provided, can be repealed or amended except by an electoral vote. But an ordinance to repeal or amend any such ordinance may, by resolution of the City Commission be submitted to an electoral vote at any general election, or at any special municipal election called for some other purpose, provided notice of the intention so to do be published by the City Commission not more than sixty (60) days nor less than thirty (30) days prior to such election. If an amendment is proposed, such notice shall contain the proposed amendment in full. Such submission shall be in the same manner, and the vote shall have the same effect as in cases of ordinances submitted to an election by popular petition. Amending and repeal. Sec. 52. (A.) No ordinance passed by the City Commission, unless it be an emergency measure, or the annual appropriation ordinance shall go into effect until thirty days after its final passage. If at any time within said thirty days, an unsigned petition requesting that such ordinance be repealed or amended as stated in the petition, be filed with the City Clerk, and said petition after the filing of the same and within said thirty days, is therein the office of said City Clerk signed by qualified voters amounting to or exceeding twenty-five per cent. of qualified voters as shown by the official registration list filed for the general election of Commissioner last held, the City Clerk shall, thereupon, certify said fact to the Commission and the ordinance shall not become operative until the steps indicated herein have been taken. Such petition shall have stated therein the names and addresses of at least five qualified voters as a

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committee to represent the petitioners. Referendum petitions need not contain the text of the ordinance or ordinances the repeal of which is sought; but shall contain the proposed amendment, if an amendment is demanded, and shall be subject in all other respects to the requirements for petitions submitting proposed ordinances to the City Commission. Ballots used in referendum elections shall conform in all respects to those provided for in Paragraph (E.), Section 49, of this Act. Ordinances, when effective. Petition for repeal. (B.) At the next meeting of the Commission after said certification by the Clerk, the City Commission shall proceed to reconsider the ordinance. If within thirty days after the date of such certification by the Clerk, the ordinance be not repealed or amended as requested, the City Commission shall provide for submitting the proposed repeal or amendment to a vote of the qualified voters, provided a majority of the committee named in the petition to represent the petitioners shall, by writing filed with the City Clerk within twenty (20) days after the expiration of said thirty days, so require. In so doing the City Commission shall be governed by the provisions of Paragraph (D) Section 48, of this Act respecting the time of submission and the manner of voting on ordinances proposed to the City Commission by petition, excepting that the City Commission may call, and fix the time for a special election for such purposes if in its judgment the public interest will be prejudiced by delay. If, when submitted to a vote of the qualified voters, such repeal or amendment be approved by a majority of those voting thereon, it shall thereupon go into effect as an ordinance of the city; but if any such amendment is clearly separable from the remainder of the ordinance and does not materially affect the other provisions of such ordinance, all sections of the ordinance except that sought to be amended and those dependent thereon shall take effect as though no referendum of any proportion of the ordinance had been contemplated; or if any such amendment or repeal of the ordinance is not approved by a majority of those voting

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therein then the ordinance passed by the Commission shall take effect at once. Reconsideration. Referendum. (C.) Ordinances submitted to the City Commission by initiative petition and passed by the City Commission without change or passed in an amended form and not required to be submitted to a vote of the qualified voters by the Committee of the petitioners shall be subject to referendum in the same manner as other ordinances. If the provisions of two or more ordinances adopted or approved at the same election conflict the ordinance receiving the highest affirmative vote shall prevail. Ordinances subject to referendum. (D.) Ordinances passed as emergency measures shall be subject to referendum in like manner as other ordinances except that they shall go into effect at the time indicated in such ordinances. If, when submitted to a vote of the qualified voters an emergency measure be not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder, but such measure repealed shall be deemed sufficient authority for payment in accordance with the ordinance of any expense incurred previous to the referendum vote thereon. Emergency measures. (E.) In case a petition be filed requiring that a measure passed by the City Commission providing for an expenditure of money, a bond issue, or a public improvement be submitted to a vote of the qualified voters, all steps preliminary to such actual expenditures, actual issue or bonds or actual execution of a contract for such improvement, may be taken prior to the election. Appropriations, etc. Sec. 53. (A.) Any or all members of the City Commission may be removed from office by the qualified voters by the following procedure: Recall. A petition for the recall of the Commissioner of Commissioners, designated, signed by at least ten per cent. of the qualified voters of the city, as shown by the official registration list filed for the general election of Commissioner last held, and containing a statement in not more than two

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hundred words of the grounds of the recall shall be filed with the City Clerk who shall forthwith notify the Commissioner or Commissioners sought to be removed, and he or they within five days after such notice, may file with such Clerk a defensive statement in not exceeding two hundred words. The City Clerk shall at once upon the expiration of said five days cause three printed or typewritten copies of such petition without the signature, to be made, and to each of them shall attach a printed or typewritten copy of such defensive statement, if one is furnished him within the time provided. He shall cause the copies of such petition to be placed on file in his office, and provide facilities for their signing the same. The City Clerk shall immediately cause notice to be published in some newspaper of general circulation in the city of the placing of such copies of such petition shall remain on file in the office of the City Clerk for a period of thirty days, during which time any of them may be signed by a qualified voter of the city in person, but not by agent or attorney. Each signer of any such copy shall sign his name in ink or indelible pencil and shall place thereafter his residence by street number. Petition. (B.) At the expiration of said period of thirty days the City Clerk shall assemble the three copies in his office as one instrument and shall examine the same and ascertain and certify thereon whether the signatures thereto amount to at least twenty five per cent. of the registered voters as shown by the official registration list filed for the general election of the Commissioners last held. If such signatures do amount to such per cent., he shall at once serve notice to that fact upon the Commissioner or Commissioners designated in the petition, and also deliver to the Commission a copy of the original petition, with his certificate as to the percentage of qualified voters who signed the same and a certificate as to the date of his last mentioned notice to Commissioner or Commissioners designated in the petition. How filed. (C.) If the Commissioner or Commissioners or any of them, designated in the petition filed with the City Clerk

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within five days after the last mentioned notice from the City Clerk, his or their written resignation the Clerk shall at once notify the Commission of that fact, and such resignation shall be irrevocable and the Commission shall proceed to fill the vacancy. In the absence of any such resignation the Commission shall forthwith order and fix a day for holding a recall election for the removal of those not resigning. In the event that recall petitions require at one and the same time a recall election for more than two of the Commissioners, then such recall election shall be ordered by the City Clerk and he shall fix a day for holding such election and shall have and exercise all power and authority relative to holding and conducting such election as would otherwise be possessed by the Commission. Any such recall election shall be held not less than thirty nor more than sixty days after the expiration of the period of five days last mentioned and at the same time as any other general or special election held within such period; but if no such election be held within such period the Commission, or, in event of its disqualification, the City Clerk shall call a special election to be held within the period aforesaid. Resignation. Recall election. (D.) The ballots at such election shall conform to the following requirements with respect to each person whose removal is sought the question shall be submitted: Ballots.

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(E.) In any such election, if a majority of the votes cast on the question of removal of any Commissioner is affirmative, the person whose removal is sought shall thereupon be deemed removed from office upon the announcement of the official return of that election, and the vacancy caused by such recall shall be filled by the remainder of the City Commission. If however, an election is held for the recall of more than one Commissioner, candidates to succeed them for their unexpired term shall be voted upon at the same election. Vacancies. (F.) Candidates shall not be voted for to succeed any particular Commissioner; but if only one Commissioner is removed at such election, the candidate at such election receiving the highest number of votes shall be declared elected to fill the vacancy, and if more than one Commissioner is removed at such election, such candidates equal in number to the number of Commissioners removed shall be declared elected to fill the vacancies; in accordance with provisions of Paragraph 8 optimal. Election of successors. (G.) No proceedings for the recall of all of the members of the City Commission at the same election shall be defeated in whole or in part by the resignation of any or all of them, but upon the resignation of any of them the City Commission, except as herein otherwise provided, shall have power to fill the vacancy until a successor is elected, and the proceedings for the recall and the election of successors shall continue and have the same effect as though there had been no resignation. Recall of all commissioners. (H.) No petition to recall any Commissioner shall be filed within six months after he takes office. No person removed by recall shall be eligible to be elected or appointed upon or for a period of two years after the date of such recall. The City Clerk shall preserve in his office all papers comprising or connected with a petition for recall for a period of one year after same were filed. The method of removal herein provided for is cumulative of such other methods as will, are or may be, provided by law. Petition, when filed. Re-election.

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(1.) No person shall falsely impersonate another or purposely write his name or residence falsely in the signing of any petition for initiative referendum, or recall, or forge any name thereto or sign any such paper with knowledge that he is not a qualified voter of the city, qualified at the time of such signing to vote, nothing to the contrary thereafter intervening, at the next and ensuing general election for Commissioner. No person shall sign or knowingly permit to be signed, any petition for initiative referendum or recall at any place other than at the place hereinbefore designated for the signing of such petitions; nor shall any person employ or pay another or accept employment or payment, for circulating any initiative, referendum or recall petition upon the basis of the number of signatures procured thereto. Any person violating any provisions of this paragraph of this Act shall be deemed guilty of a misdemeanor and upon conviction be punished as provided by Section 1065 of the Criminal Code of this State of Georgia. Personation, etc. Penalty. Sec. 54. If the majority of those voting in said special election to be held on the third Friday of November 1922 shall vote for Commission Manager Government, then the general election for Mayor and Council in 1924, shall not be held but the present Mayor and Council of said City of Augusta shall continue in office performing all of their respective and joint duties until the Second of January 1925, and until the Commissioners elected under Section 45, of this Act shall have qualified. Present governing body. Sec. 55. This Act shall not affect any rights of firemen or policemen of the City of Augusta to pensions or retirements on part pay, or compensation for injuries received in line of duty. Pensions, etc., of firemen and policemen. Sec. 56. If any section or part of a section of this Act shall for any reason be adjudged by any Court of competent jurisdiction to be invalid or unconstitutional, the same shall not be held to invalidate or inpar the validity, force or effect of any other section or part of a section of this Act, but shall be combined in its operations to the section or part

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of a section directly involved in the controversy in which judgment shall have been rendered. Constitutional law. Sec. 57. For the purpose of nominating and electing officers and all purposes connected therewith and for the purpose of exercising the powers of the city, as provided herein, this Act shall take effect from the time of its approval by the elections of the city. For the purpose of establishing departments and officers and distributing the functions thereof and for all other purposes the Act shall take effect on noon on the first Monday in January 1925. Effective on on ratification. Sec. 58. Throughout this Act, language expressing the masculine gender shall be constructed to include the feminine and neuter; and (unless excluded expressly or by the nature of the case) the singular or plural number shall each include the other. Males and females. Sec. 59. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1922. AUGUSTA FIRE DEPARTMENT, ACT OF 1921 AMENDED No. 326. An Act to amend the Act approved July 29, 1921, Acts of 1921 page 686, entitled An Act to promote the efficiency and improve the condition in the Fire Department of the City of Augusta incorporated as the City Council of Augusta, Georgia, by installing therein what is known as the two-platoon system, and for other purposes by striking and repealing Section 1 and substituting therefor a new section to be known as Section 1 so as to provide for the enforcement of said Act and for other purposes. Section 1. Be it enacted by the General Assembly and it is hereby enacted by the authority of the same, That from

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and after the passage of this Act Section 2, of the Act of July 25, 1921, page 686 entitled An Act to promote the efficiency and improve the condition in the Fire Department of the City of Augusta, incorporated as the City Council of the City of Augusta, Georgia, by installing therein what is known as the two-platoon system and for other purposes, which reads as follows: Section 2. Be it further enacted that full pay shall be granted to all firemen who shall become sick or disabled from disease or injury contracted or incurred in the service without misconduct on his part, that each member of the fire department shall have during the year at least ten days vacation with full pay be and the same is hereby repealed and the following to be known as Section 2 to be substituted in lieu thereof. Section 2. Be it further enacted that it shall be the duty of the Civil Service Commission of the City Council of Augusta, to promptly carry into effect the provisions of said Act of 1921, and of all other municipal officers of the City Council of Augusta, to aid therein, so far as the law directs, allows or permits, and the failure of any or all of said officials to carry out the provisions of said Act and to put into effect and to continue in effect, the terms thereof and the provisions therein made and provided, shall be deemed guilty of a misdemeanor and opon conviction be punished as provided in Section 1065, Penal Code of Georgia 1910. Be it further enacted that any official of said City of Augusta failing, or refusing, or neglecting to fully perform the duties provided and directed under this Act shall be impeached upon proof thereof, after trial in the Superior Court of Richmond County, Georgia, and a verdict finding such officer or officers guilty of a violation of said Act, and the judge of said court shall enter an order of impeachment in accordance with said verdict. Act of 1921 amended. To be read. Execution of Act of 1921. Penalty. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved August 1, 1922.

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AUSTELL, TOWN OF; ELECTION TO AMEND CHARTER. No. 380. An Act to amend an act establishing and creating a new charter for the Town of Austell, in Cobb County, Georgia, approved August 24th, 1905, by repealing Sections Nos. 21 to 29, inclusive, of said Act; and to amend an Act amendatory of said Act approved August 16th, 1909, by repealing the following part of Section No. 12 of said Act, towit: They shall have authority to levy and collect a tax of not exceeding fifty cents, ten cents for sanitary purposes, thirty cents for street purposes, and ten cents for general purposes, making not more than a total levy of fifty cents in the hundred dollars upon all property, real and personal, within the corporate limits of said town, and upon all money and choses in action whose owner resides within the corporate limits of said town which are subject to taxation by the laws of said State, and in addition thereto, they are authorized to levy and collect a tax for school purposes and to pay interest on school bonds, and create a sinking fund for the redemption of said bonds equal to the taxes authorized to be levied under this Act, and to substitute in lieu thereof the following: They shall have authority to levy and collect a tax annually of not exceeding one dollar on one hundred dollars upon all property, real and personal, within the corporate limits of said town, and upon all money and choses in action whose owner resides within the corporate limits of said town which are subject to taxation under the laws of this State, for general purposes; 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 creating a new charter for the Town of Austell, in Cobb County, Georgia, approved August 24th, 1905, be and the same is hereby amended as follows:

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Section 1. By repealing sections Nos. 21 to 29, inclusive, of said Act. Act of 1905 amended. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the Act amendatory of the Act above referred to which was approved August 16th, 1909, be amended as follows: By repealing the following part of Section No. 12 of said Act, to-wit: They shall have authority to levy and colect a tax of not exceeding fifty cents, ten cents for sanitary purposes, thirty cents for street purpose, and ten cents for general purposes, making not more than a total levy of fifty cents on the hundred dollars upon all property, real and personal, within the corporate limits of said town, and upon all money and choses in action whose owner resides within the corporate limits of said town which are subject to taxation by the laws of said State, and in addition thereto, they are authorized to levy and collect a tax for school purposes, and to pay interest on school bonds, and create a sinking fund for the redemption of said bonds equal to the taxes authorized to be levied under this Act, and to substitute in lieu thereof the following, to-wit: They shall have authority to levy and collect a tax annually of not exceeding one dollar on one hundred dollars upon all property, real and personal, within the corporate limits of said town, and upon all money and choses in action whose owner resides within the corporate limits of said town, which are subject to taxation under the laws of this State, for general purposes. Act of 1909 amended. Tax on property. Sec. 3. Be it further enacted that this Act shall not go into effect and be of force until the same shall have been ratified by a majority of the registered voters within the corporate limits of said Town of Austell at an election held for such purpose, which election may be called at any time within sixty days after the passage of this Act by the Mayor and Council of said town, provided that ten days' notice of the time and place of holding such election be given by notices posted in three (3) different places in said town

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previous thereto, and that said election be held under the rules and regulations governing elections in said town; those favoring the ratification of this Act shall have upon their ballots the words, For Ratification of the Act of 1922, and those voting against this Act shall have upon their ballots the words, Against Ratification of the Act of 1922. Election to ratify. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 11, 1922. BLACKSHEAR POLICE OFFICIALS. No. 456. An Act to amend an Act entitled An Act to create and incorporate the City of Blackshear, in the County of Pierce; to grant a charter to that municipality under the corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes; to decrease and define the police powers of said city, and to provide for other matters of municipal regulation concern and welfare, and for other purposes, approved August 15th, 1911. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act referred to in the caption of this Act, be and the same is hereby amended as follows: Section 1. The City Council of Blackshear is authorized and empowered to vest in the Mayor of said city the employment, appointment and control of a City Marshal and all police officials of said city, with the right to remove or

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suspend said officials at any time at his will and discretion and without giving any cause or reason therefor, and the employment and appointment by the Mayor of said officials shall be considered to be made subject to such removal or suspension and under the provisions of the existing charter of said city that no officer or employee suspended, removed or dismissed shall be entitled to any salary or compensation during suspension or after removal. The compensation of said City Marshal and police officials shall be fixed by the City Council. However, the right of appointment of said marshal and police officials of the City of Blackshear, if vested by the said City Council in the Mayor, shall be subject to revocation at any time by said City Council and said City Council may at any time resume the employment, appointment or election and control of the said officials. Act of 1911 amended. Control by city council. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1922. BLUE RIDGE CHARTER AMENDED. No. 412. An Act to amend An Act to amend, consolidate and supersede the several Acts incorporating the City of Blue Ridge, in the County of Fannin, State of Georgia, to create a new charter and municipal government for said corporation; to declare the rights and powers of the same, and for other purposes, approved August 6th, 1908, by repealing Section 2 of said Act, which defines the corporate limits of said City of Blue Ridge, and by creating a new section which more properly and accurately defines the corporate limits of said City of Blue Ridge, and to amend An Act to repeal Sections 1 and 2 of an Act to

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amend the charter of the City of Blue Ridge, in Fannim County, Georgia, and for other purposes, approved August 14th, 1915, which sections provide for the number of councilmen, their election and the election of their successors, that of the Mayor; to substitute in lieu thereof other sections which shall provide for the number of councilmen, their election and the election of their successors, that of the Mayor, time of holding elections for Mayor and Councilmen of the City of Blue Ridge and their terms of office, and for other purposes, approved August 17th, 1918, by repealing Sections 2 and 3 of said Act, approved August 17th, 1918, and by creating two new sections so as to provide that a Mayor and five Councilmen shall be elected on the second Saturday in December, 1922, and annually thereafter on the same day and month in each year; and also to provide for their election and the election of their successors and the taking of the oaths by said Mayor and Councilmen, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That section 2 of the Act creating a new charter for the City of Blue Ridge, Fannin County, Georgia, approved August 6th, 1908, be and the same is hereby repealed. (Acts of General Assembly 1908, page 419). Act of 1908, sec. 2 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the said City of Blue Ridge shall embrace a rectangular parallelogram two miles long and one mile wide, and the beginning point of the survey is found by intersecting the present center lines of the Louisville Nashville Railroad main track and the main hallway of Fannin County Court House, and measuring northeastwardly along the center line of said main track a distance of one mile to a point on said center line of said main track; then beginning at the point so found, as described above, and turning a right angle from said main track center line and running south sixty degrees east (S.

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60 degrees E.) a distance of one-half mile; thence south thirty degrees west (S. 30 degrees W.) and parallel to said center line of main track tangent north of the Louisville Nashville Railroad depot, a distance of two miles; thence north sixty degrees west (N. 60 degrees W.) a distance of one mile; thence north thirty degrees east (N. 30 degrees E.) a distance of two miles, and thence south sixty degrees east (S. 60 degrees E.) a distance of one-half mile, to the beginning point, containing two square miles, or one thousand two hundred eighty acres (1,280 acres). Territorial description. Sec. 3. Be it further enacted by the authority aforesaid that sections two and three of the Act approved August 17th, 1918 (Acts of 1918, page 544) be and the same are hereby repealed. Act of 1918 amended. Sec. 4. Be it further enacted that the municipal government of the City of Blue Ridge shall consist of, and be vested in, a Mayor and five Councilmen. That the present Mayor and five Councilmen of said city, who were elected on the fourth Saturday in December, 1921, shall continue in office until the first day of January, 1923, 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 Council of said City of Blue Ridge, created by this charter, and on the second Saturday in December, 1922, a Mayor and five Councilmen shall be elected as provided in the next section of this Act. Governing body. Sec. 5. Be it further enacted, That on the second Saturday in December, 1922, there shall be elected for said city, by the qualified voters herein, a Mayor and five Councilmen, and annually thereafter, on the second Saturday in December a Mayor and five Councilmen. All elections for Mayor and Councilmen under this charter shall be by general tickets. The term of office of the Mayor and Councilmen elected under the provisions of this charter shall be one year, commencing on the first day of January, next, after their election, unless said day shall fall upon Sunday,

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then and in that event, on the following day and until their successors are elected, or appointed and qualified. On the first day of January 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 court house or other usual places of holding Council meetings in said city, and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as Mayor (or Councilman as the case may be) of the City of Blue Ridge for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God. Should the Mayor or any Councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said Mayor and Councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings as the business of the 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. Elections. Term of office. Oath of office. Meetings. 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 15, 1922.

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BOLTON CHARTER REPEALED No. 355. An Act to repeal an Act incorporating the Town of Bolton, Fulton County, Georgia. Section 1. Be it enacted by the General Assembly and by the authority of same, it is hereby enacted, That the Act incorporating the Town of Bolton, State of Georgia, County of Fulton, approved December 20, 1893, as appears on pages 187 to 189 of the Acts of Georgia for the year 1893, be, and the same is hereby repealed. Act of 1893 repealed. Sec. 2. All laws and parts of laws in conflict herewith are hereby expressly repealed. Approved August 8, 1922. BOWDON COUNCILMEN, ELECTION OF. No. 359. An Act to amend the charter of the town of Bowdon; to provide for the election of four Councilmen for a term of two years for the Town of Bowdon; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act incorporating the Town of Bowdon in Carroll County approved August 12, 1910, be amended as follows: By striking all of Section 4 of said Act, and inserting in lieu thereof the following as Section 4. Act of 1910 amended. Be it further enacted, That from and after the passage of this Act. The Mayor and Council shall be elected by the qualfied voters of the Town of Bowdon on the second Monday in January, 1923. At the first election after the passage of this Act, there shall be elected four Councilmen, the two receiving the highest number of votes shall be

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elected for a period of two years, and the two receiving the next highest number of votes shall be elected for a period of one year, and annually thereafter there shall be elected two Councilmen for a period of two years. The Mayor shall be elected at the same time as the Councilmen for a period of one year and annually thereafter. Said election shall be held at the Council chamber or at such place in said town as the Mayor and Council shall designate. Should there fail to be an election held in said town at the time above specified from any cause whatever, the Mayor and Council of said town shall order an election held in said town by posting a notice in three public places in said town, and publishing said notice for two weeks prior to said election in any newspaper that may be published in said town or having a general circulation therein. The polls at all elections in said town shall be opened at 8:00 A. M. and shall close at 3:00 P. M. The qualifications of voters at said election shall be such as are required for electors to the General Assembly of this State in addition thereto a resident of within the corporate limits for thirty days prior to said election and the payment of all legal taxes required of them by said corporation. Sec. 4. read. Election. Mayor. Qualifications of voters. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved August 8, 1922. BRUNSWICK, CITY OF; CONSTRUCTION OF ROADS AND BRIDGES. No. 288. An Act to declare the building and construction of certain roads and bridges in Glynn County outside of the corporate limits of the City of Brunswick to be a municipal

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purpose of the City of Brunswick and to authorize said city to appropriate funds and to issue bonds thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the construction and building of a road in Glynn County outside of the corporate limits of the City of Brunswick from a point close to the old Cypress Mill site to St. Simon's Island, including bridges, are hereby declared to be a public benefit to the City of Brunswick in said county and its inhabitants and to constitute a proper municipal purpose of said city. Road declared public benefit. Sec. 2. Be it further enacted by the authority aforesaid, That said City of Brunswick is authorized to appropriate money and issue bonds as provided by law for all or any of such purposes to an amount not exceeding one hundred and seventy-five thousand dollars ($175,000). Appropriation and bonds authorized. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved July 18, 1922. CALHOUN SCHOOL TAX. No. 462. An Act to amend the charter of the City of Calhoun, in the County of Gordon, State of Georgia, approved August 20th, 1918, amending section 100 of said charter, by striking from the third line thereof the words and figures 7-10 of one per cent and inserting in lieu thereof ten mills so as to authorize the Mayor and Aldermen of the City of Calhoun to levy a tax annually, not to exceed ten mills, on the real and personal property in the City of Calhoun for the purpose of establishing and maintaining a system of public schools in said city, and for other purposes.

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Sec. 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 100 of the charter of the City of Calhoun as contained in an Act of the General Assembly of Georgia approved August 20th, 1918, be amended by striking from the third line thereof the words and figures 7-10 of one per cent, and inserting in lieu thereof the words ten mills so that said section, when amended will read as follows, to-wit: Act of 1918 amended. Be it further enacted, That the Mayor and Aldermen of the City of Calhoun are hereby authorized to levy a tax annually, not to exceed ten mills on the real and personal property in the City of Calhoun 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. Tax rate. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1922. CANON CHARTER AMENDED No. 518. An Act to amend an Act incorporating the City of Canon in the Counties of Franklin and Hart in the State of Georgia, and for other purposes, approved August 19th, 1911; to define the territorial limits of said City of Canon so that said limits will extend only one mile in every direction from the present center of said city; to provide for the issuance of bonds to build, equip, and repair school buildings in said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of

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the same, that the Act incorporating the City of Canon in the Counties of Franklin and Hart, approved August 19th, 1911, be and the same is hereby amended as follows: By striking from section 3 of said Act the words one and one-half (1) miles appearing in the third and fourth line of said section, and inserting in lieu thereof the words one (1) mile, so that said section when amended shall read as follows: Act of 1911 amended. Section 3. Be it further enacted by the authority aforesaid, that the territorial limits of said city, shall embrace and include all the territory within one (1) mile from said central point in the Counties of Franklin and Hart. Tax rate. Section 2. Be it further enacted that said Act be and the same is hereby amended by adding thereto the following sections, to-wit: Section 34. Be it further enacted that said Mayor and Council of the City of Canon, be and they are hereby authorized and empowered to issue bonds for and in the name of the city for any of the following purposes, to-wit: For building, repairing, and equipping public school buildings in said City. Before any bonds of said city shall be issued said Mayor and Council of said city shall by appropriate ordinances direct that such bonds shall be issued and specify the purpose and amount thereof, the rate of interest, when same shall mature, 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 provide for the holding of an election on the subject and for publishing notice thereof as provided by the Constitution and Laws of Georgia. Should two-thirds of the qualified voters of the city vote in favor of issuing bonds at any election called by said City Council as herein before provided, said City Countil shall, at and before the issuing of said bonds authorized at said election, provide for the assessment, levy and collection of an annual tax during the life of said bonds, sufficient in amount

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to pay the interest and principal on said bonds. The proceeds of the sale of said bonds to be used for no other purposes than that for which they issued. School bonds. Election. Sec. 3. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved August 19, 1922. CANON SCHOOL TAX. No. 480. An Act to amend An Act authorizing the City of Canon, in the Counties of Franklin and Hart, State of Georgia, to establish and maintain a system of public schools in said city, and for other purposes, approved August 19th, 1911; to provide for the levy and collection of a tax on all the property in said City of Canon not to exceed one-half of one per cent to defray the ordinary current expenses incurred in maintaining said Public School System; to fix the territorial limits of said school system, and for other pruposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act establishing the public school system of Canon, approved August 19, 1911, be and the same is hereby amend as follows: By striking from the fourth line of section 7 of said Act the words one-fourth and inserting in lieu thereof the words one-half, so that said section when amended shall read as follows: Act of 1911 amended. Section 7. Be it further enacted, That for the 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 Canon 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.

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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. Tax rate. Sec. 2. Be it further enacted that all laws in conflict with this Act are hereby repealed. Approved August 16, 1922. CANTON, NEW CHARTER FOR TOWN OF. No. 323. An Act to reincorporate the town of Canton, in the County of Cherokee; to create a new charter and municipal government therefor; to declare the rights and powers of the same; to repeal the present charter of the town of Canton; to provide that all valid contracts of said town shall continue of force; to provide that all property now held and owned by the town of Canton shall continue to be the right and property of said town, and that all rights and liabilities of the said Town of Canton shall continue operative to and against the same; to provide that all ordinances of the Town of Canton, not in conflict with this charter shall continue valid and enforceable; to provide for continuance in office of present Mayor and Council of the Town of Canton until their successors shall be elected under the provisions of this charter; to define the limits of the said Town of Canton; to provide for a Mayor and Councilmen and other officers of said town, and to prescribe their powers and duties and the manner of their election; to provide for the manner and time for all elections in said town; to provide for the qualifications of all electors and voters therein, and for the registration of the same; to provide for a recorder's court and the trial and punishment therein of all offenders against the laws of said town and the manner of appeal therefrom; to provide for a chain-gang

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and the working of prisoners therein and for the maintenance of a jail for said town; to provide for a system of sanitary sewerage; to provide for a system of water works and electric lights; to provide for fire and police departments and for the regulation of the same; to authorize said town to borrow money and issue bonds and other evidences of debt for public purposes under the laws of this State; to provide for public parks and cemeteries and the caring for same; to provide for condemnation of private property for public use; to provide for streets and sidewalks and the laying out, opening, grading, working and paving of the same, and for the assessment of the cost of the same upon the abutting property owners; 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 interest and principal on the bonded debt of the town and for the support of the schools under the supervision of the Board of Education of Canton; to provide for the granting of franchises by said town and the continuance of franchises heretofore granted by the same; to authorize the assessment and collection of a per capitia tax for working the streets of said town; to authorize the taxation and license of all kinds of business, trades, professions, shows, exhibitions and entertainments in said town; to provide that the public school system of said Town of Canton shall remain as now authorized by the General Assembly of Georgia; to provide for the abatement of nuisances; to force the connection of all closets, etc., with the sanitary sewers, to provide penalties for failure to do so, and regulate the manner in which the town shall direct that the work be done; to provide for the establishment of fire limits and for the regulation of buildings in said town; to declare and define the police powers of said town and to provide for the enactment by the Mayor and Council of said town of such laws and ordinances as may be necessary for the peace, good order, health, prosperity, comfort, security and welfare of the

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Town of Canton and the inhabitants thereof, and to provide for all matters of municipal concern and cognizance; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Canton, heretofore incorporated under the laws of Georgia, and the inhabitants of the territory embraced in the corporate limits of the Town of Canton, as hereinafter described, located in the County of Cherokee and State of Georgia, be and they are hereby incorporated under the name and style of the Town of Canton 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, choses in action, easements and hereditaments heretofore belonging to the Town of Canton, or the Mayor and Council of the Town of Canton, are hereby vested in the Town of Canton created by this Act. And the said Town of Canton 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, borrow money and issue bonds, make and enact through and by the Mayor and Council of said Town of Canton 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, and to enforce any of the authorities granted herein as to said Mayor and Council of the Town of Canton may seem good and proper, and as may be necessary for the peace, good order, health, prosperity, comfort, security and welfare of the Town of Canton and the inhabitants thereof. And the said Town of Canton 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 and possess any property, real or personal, any estate, lands or tenements and hereditaments of any kind whatsoever, either within

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or without the corporate limits of said Town of Canton, for corporate purposes. Corporate name. General powers. Sec. 2. Be it further enacted, That the corporate limits of said Town of Canton shall be one mile in every direction from the courthouse in said town, except on the side of said town where the Etowah river runs, it shall be the line. Territorial limits. Sec. 3. Be it further enacted, That the Town of Canton, created by this Act, is hereby made responsible as a body corporate for all legal undertakings, liabilities and debts of the former Town of Canton, or the Mayor and Council of the Town of Canton, whether for principal and interest due on outstanding bonds or for other contracts of indebtedness. Corporate responsibility. Sec. 4. Be it further enacted, That it may establish a chain-gang for working any violators of its laws and ordiances under such rules as it deems best, and may maintain its own jail house for the detention of all offenders against its laws. It may attach penalties for the violation of its laws and ordinances by fines not exceeding one hundred dollars, and may imprision or work on its chain-gang not exceeding sixty days and imprisonment not exceeding thirty days, either or both of said punishments. Chain-gang. Sec. 5. Be it further enacted, That said Town of Canton shall have authority to pass such laws and ordinances as may be necessary to prevent the introduction and spread of any smallpox, scarlet fever, or any other contagious or infectious disease; it may confine any person with such diseases or any one attending one with such diseases to certain prescribed territory; it may compel persons within its territory to be vaccinated. Quarantine laws, etc. Sec. 6. 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 and modify the same from time to time, to require permits to be

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granted for the construction of buildings in said town and to grant the same, to prescribe how and what materials buildings within said district may be erected, how thick the walls shall be, the manner in which chimneys, flues and stove pipes shall be constructed, and to make such reasonable rules, regulations and requirements, as they may deem necessary to, so far as possible, protect said 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 judgement 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 expenses incurred by the town under any ordinance passed carrying out the powers granted under this section by execution as in case of collecting taxes 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. Fire district. Sec. 7. Be it further enacted, That it shall be the duty of the Mayor and Council of said Town of Canton 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 and equipment 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 to property in said town. Fire protection. Sec. 8. Be it further enacted, That the Mayor and Council may cause any nuisance likely to endanger the

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health of the town, or any neighborhood or place therein, to be abated in a summary manner. The expense of such abatement may be charged against the party causing the nuisance, and payment therefor be enforced in the manner taxes due said town are collected. Nuisances. Sec. 9. Be it further enacted, That the Mayor and Council of said town may regulate and prohibit the keeping and exhibiting of any jack, stallion or bull for service within the corporate limits. Bulls, jacks, stallions. Sec. 10. Be it further enacted, That the Mayor and Council of said town may regulate and prohibit the keeping on any premises any tank of water, pool, slops, hogpen, privy or anything that will tend to germinate and spread any disease or offensive smell; its proper officers may enter upon any private premises to inspect and enforce this authority. Sanitation. Sec. 11. Be it further enacted, That the said Town of Canton shall have the right, powers and authority to build, purchase, contract for or otherwise acquire and maintain such electric light, waterworks and gas plants and systems as to the Mayor and Council of said town may be considered necessary and proper for the manufacture and distribution of such electric current, water and gas for the use of said town and of private parties within the limits of said town. Said Town of Canton may operate said manufacturing or distributing plants or systems and may enlarge or change such systems now in existence. Said Town of Canton may through its Mayor and Council contract for and purchase electric current for its own use and the use of the citizens of the town, and may resell the same to private parties within the limits of said town. Said town may charge and collect for such water, light, gas and service, and the said Mayor and Council are hereby authorized to make such regulations for the conduct and management of such enterprises as they seem fit, and to appoint such officers and committees to control and manage its business as the Mayor

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and Council may deem best, under such rules and regulations as it may enact. Electric, gas, and water works. Sec. 12. Be it further enacted, That the government of said Town of Canton shall be vested in a Mayor and six Councilmen, the Mayor and three Councilmen to be elected annually on the second Saturday in December, between the hours of eight o'clock A. M. and five o'clock P. M., by the qualified voters of the said Town of Canton, the Mayor to hold office for the term of one year and the Councilmen to hold their office for a term of two years or until their successors shall be elected and qualified. This body, while sitting, shall be known as the Mayor and Council. Governing body. Sec. 13. Be it further enacted, That the Mayor and Council shall pass all ordinances, laws, rules and regulations for the better management of said corporation as herein authorized; shall make all contracts allowed; shall have general supervision and control of its affairs; shall elect a Marshall, Clerk of Council, Treasurer, Recorder, may employ an Attorney at Law to look after the legal interest of said corporation and to represent it in any legal proceedings in any court, and may engage attorney to assist him in the prosecution of his duties, and may appoint such other officers and committees as may be necessary for the better administration of its affairs; shall fix the salary and fees to be paid any officer or employee, and shall assess, levy and collect all taxes due said town. Powers. Sec. 14. Be it further enacted, That said Town of Canton may take bonds when necessary for the faithful performance of duties from its officers, employees, contractors, and for the appearance of offenders of its laws and ordinances before the Recorder's Court. Bonds of officers. Section 15. Be it further enacted, That the Mayor and Council shall hold monthly meetings on the first Thursday of each month, which may be adjourned from day to day, and such call meetings as the Mayor may think best to call for any specific purpose. At any meeting the Mayor

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or Mayor pro tem and three of the Councilmen shall constitute a quorum to transact business. It shall take a majority vote of the Councilmen present to pass any measure. The Mayor shall vote on all measures only when there is a tie of the councilmen. Sec. 16. Be it further enacted, That the Mayor shall be the Chief Executive of the Town of Canton; shall preside at meetings of the Mayor and Council; shall see that all laws, ordinances, rules and regulations are faithfully enforced; he shall see that all officers and employees shall faithfully discharge their duty; he shall sign with the Clerk of Council any deed, lease, conveyance and contract that may be authorized and directed by the Mayor and Council. Mayor. Sec. 17. Be it further enacted, That the Mayor and Council shall elect from the Councilmen a Mayor pro tempore, who shall perform the duties of the Mayor during his absence, sickness or disqualification. In the absence or disqualification of the Mayor and Mayor pro tem the remaining Council shall meet and select one of their members to act as Mayor pro tem temporarily. Mayor pro tem. Sec. 18. Be it further enacted, That any person shall be eligible to the office of Mayor and Councilmen who has been a resident of the town one year, is twenty-one years old, and has paid all taxes due said Town of Canton. The Mayor may receive a salary not exceeding two hundred dollars, and each Councilman may receive a salary not exceeding twenty-five dollars per annum; provided the same be fixed by ordinance and not changed so as to affect anyone during his term of office. Eligibility. Compensation. Sec. 19. Be it further enacted, That when a vacancy in the office of Mayor or Councilmen occurs the same may be filled by the Mayor and Council. Vacancies. Sec. 20. Be it further enacted, That the Mayor and Council may remove any officer or employee of said corporation

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with or without cause, who has been elected or employed by said Mayor and Council. Removal of officers. Sec. 21. Be it further enacted, That on the first day of January, or soon thereafter as practical, the newly-elected Mayor and Councilmen shall enter upon their duties by taking and subscribing the following oath before any officer authorized to administer oaths: I do solemnly swear that I will faithfully and honestly perform all of the duties that are now and may be placed upon me as an officer of the Town of Canton to the best of my knowledge and skill, without favor or affection to anyone; that I will faithfully account to said Town of Canton for any funds or property coming into my hands belonging to it, and that I will not knowingly allow any other officer or employee of said corporation to misapply any of its funds or property without reporting the same to the Mayor and Council. Said oath shall be recorded in the minutes of Mayor and Council. Oath of office. Sec. 22. That the Mayor and Council shall at its first meeting, or as soon thereafter as possible, elect a Marshal and from time to time may elect or appoint as many assistants for him as they may deem best and necessary, who shall keep the peace of said town; he shall have authority to arrest and hold any person with or without a warrant for any violation of any law and ordinance of said Town of Canton or any State law; upon the order of the Recorder he may imprision and work upon the chain-gang any person so sentenced; he may levy upon and sell any property by authority of tax execution or execution issued from the Recorder's Court, and may perform such other duties required of him by the Mayor and Council; he may enter any private premises to arrest any violator of its laws and ordinances. Marshal. Sec. 23. That the Mayor and Council shall at its first meeting elect from the Councilmen, or any qualified voter of said town, a Clerk, to be known as Clerk of Council. He shall have the custody of the books and seal; shall keep and record in a book of ordinances all of the ordinances

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and laws passed by the Mayor and Council; he shall keep and record in a book of minutes a full proceeding of all of the Acts and doings of the Mayor and Council; he shall issue certified copies of anything of record; shall issue any execution for any unpaid taxes ordered by the Mayor and Council; shall with the Mayor sign any deed, conveyance and contract ordered and authorized by the Mayor and Council; he shall issue any license authorized and directed by the Mayor and Council, upon the presentation of a receipt from the treasurer showing that any tax for such license has been paid; he shall perform such other duties as the Mayor and Council may place upon him, including the duties of treasurer; his books may be inspected by the Mayor and Council at any time. Clerk of council. Sec. 24. Be it further enacted, That the Mayor and Council shall elect from the qualified voters of said Town of Canton a Treasurer, and may fix a bond to be given by him to faithfully perform his duties. He shall receive all money belonging to said corporation; shall collect all taxes with the aid of the Marshal; shall pay out all money for municipal purposes under the direction of the Mayor and Council; he shall keep a book showing the amount of money collected, and from what source, and how the same was paid out, and for what purpose. His books shall be subject to inspection at any time by order of Mayor and Council. He may be the same person and perform the duties of Clerk of Council. Treasurer. Sec. 25. The Mayor and Council, at their first meeting, or as soon thereafter as possible, shall elect a Recorder, who may be the Mayor, any member of the Council or any citizen of the Town of Canton, and shall hold his office till removed by the Mayor and Council, or for one year, and till his successor is elected and qualified. He shall have authority to try all of the offenders and violators of the laws and ordinances of the Town of Canton. The Mayor and Council shall fix and provide his salary, or his fees. They shall also elect an assistant Recorder who shall

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try all persons for violating the laws and ordinances of the Town of Canton when the Recorder is absent, sick, disqualified or from any other cause he cannot serve. His qualifications shall be the same as are required of the Recorder. The Mayor and Council may appoint a Recorder pro tem to try any case in which both the Recorder and his assistant are absent or disqualified. Recorder. Sec. 26. Be it further enacted, That the Recorder shall try all violators and offenders against the laws and ordinances of said Town of Canton, while sitting to try violators shall be known as Recorder's Court. Said court shall hold regular monthly sessions to try violators of its laws and ordinances; to render judgement on any forfeited bond; it may hold daily sessions for the purpose only of trying any violators of its laws and ordinances; it may issue subpoenas, and compel witnesses to appear and testify in its court; the Recorder while sitting to try cases may try and convict offenders of the laws and ordinances of said town; he may place fines and such sentences as he deems right upon persons so convicted, as authorized by this charter; he may fine for contempt not over twenty-five dollars, and imprison not exceeding thirty days; he may administer an oath to anyone under the same rules as now provided for a Justice of the Peace; he shall keep a docket and minute book in which he shall keep a record of all cases and how disposed of, including all judgements and orders; he shall be his own clerk, and shall give certified copies of what may appear on his books; he may bind over to the Superior Court, or commit to the jail of Cherokee County anyone who may violate any State law; he may issue warrants either on his own motion or on information from another by affidavit; he may issue executions on any judgment of his own court on any forfeited bond or any fine imposed, and any such judgment and execution shall have the same force and effect as any judgment and execution from any other court of this State, and may be enforced by levy and sale. When any forthcoming bond has been forfeited for non-appearance of the principal, the Recorded shall pass

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an order at the term of court to which the principal in said bond was required to appear calling upon the principal and surety to show cause why judgment should not be rendered upon said bond; and a copy of the bond and the order of court shall be served on principal and surety at least ten days before the term of court at which the same shall be heard by the Recorder's Court. Judgment shall be rendered upon said bond against anyone served, unless it appears that the principal is dead, or is produced in court, or delivered by the surety to the Marshal of said town. Recorder's court. Sec. 27. Be it further enacted, That any person being dissatisfied with any judgment, fine and sentence by the Recorder's Court may carry the same by certiorari to the Superior Court under the same rules as are now provided by law to carry a case by certiorari from a Justice Court; provided, that any person carrying a case up by certiorari from any fine or sentence imposed, shall give such appearance bond not exceeding one hundred dollars to answer the final judgment of the Court, to be approved by the Recorder, and the bond to be assessed by the Recorder. Anyone carrying a case up to review a money judgment shall give a bond for the eventual condemnation money, said bond to be approved by the Recorder. Certiorari. Sec. 28. Be it further enacted, That the Mayor and Council shall have authority to pass such ordinances as they deem best and with such penalty as herein allowed to prevent anyone from interfering with another while at work; and to prevent anyone from persuading or enticing anyone away from his work and employment, and away from said town. Ordinances. Sec. 29. Be it further enacted, That all persons who have resided within the Town of Canton ten days and who are subject to work the public roads under the laws of this State, shall be required to work the streets and sidewalks of said town for not exceeding ten days each year, under the direction of the Marshal, or such officer as the Mayor

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and Council may direct; or said persons may pay a street tax not exceeding five dollars per year. Any person who may refuse to work upon the streets, or pay said tax, under such rules and regulations as may be enacted by the Mayor and Council to more effectually carry out the work, may be fined by the Recorder not exceeding ten dollars, or be required to work in the chain-gang of said town not exceeding twenty days; provided, no street duty or street tax shall be required of the Mayor, and Councilmen or anyone exempt by law from working the public roads, or anyone who has previously worked the streets, roads, or paid street tax or road tax at any other place for the year. Commutation tax. Sec. 30. Be it further enacted, That the Mayor and Council may at any time receive as a donation, may buy and lease any lands, either within or without the corporate limits, for the purpose of establishing parks and playgrounds, and shall have exclusive control over the same, 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 and playgrounds. Sec. 31. Be it further enacted, That the Mayor and Council shall have exclusive jurisdiction over all cemeteries belonging to said town. They may make such appropriations as may be necessary for the care and supervision of the same. They may enact ordinances to provide penalties for the purpose of preventing trespass thereon. They may regulate the charges of grave digging and interment, and any and everything pertaining to the proper care and operation of such cemeteries; may 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. Sec. 32. Be it further enacted, That said Mayor and Council shall have power and authority to grant franchises,

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permits, easements and rights-of-way in or under and over the streets, alleys, lanes, sidewalks, parks and other property of the town upon such terms, reservations and conditions as the said Mayor and Council may fix; provided, however, that the same shall not be granted for a longer term than twenty (20) years. Franchises heretofore granted by the Mayor and Council of the Town of Canton are continued of force for and against the Town of Canton created by this Act. Franchises, easements, etc. Sec. 33. Be it further enacted, That the Mayor and Council, in the name of the town, shall have full power and authority for or to condemn any land or premises, within or without the Town of Canton, for the purposes of establishing and maintaining electric light plants, waterworks plants or systems, sewerage or drainage systems, or any of them for said town, or for the purpose of maintaining, extending, enlarging or improving such systems or plants now in existence, or for any other public purpose; provided, however, that whenever the right to condemn lands and premises herein granted be exercised, all ploceedings in respect thereto shall be 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. Condemnation. Sec. 34. Be it further enacted, That the Mayor and Council of said town shall have full power and authority by ordinance to regulate and prescribe the speed of the railroad trains running within the limits of said town, to require all railroad companies to station watchmen or automatic warning or signal devices at all crossings, to require such railroad companies to keep up and maintain without cost to said town all street crossings therein; to prohibit the blocking of all street crossings therein; and to regulate in any other way the running or operation of railway trains within the town limits as it may deem necessary to protect and safeguard the public, and to provide a

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penalty for the violation of any of the provisions of this section. Speed of railroad trains. Sec. 35. Be it further enacted, That the Mayor and Council of the Town of Canton may provide by ordinance for a sanitary sewer system for said town and the maintenance thereof, and may provide for the enlargement, change or replacement of the present system. They may require property owners to make connection to such sewers with their premises, and upon their failure to make such connection, said town shall have the right to make such connections and charge the cost of the same against the said owner, which cost shall be collected by execution in the manner taxes due said town are collected. Said Mayor and Council may fix penalties for failure to make such sewer connections. Sewerage. Sec. 36. Be it further enacted, That said Mayor and Council shall have full power and authority to require the owners of any improved property, his agent or tenants in possession, to provide suitable privy or water closet accomodations upon such premises as Mayor and Council shall prescribe. And they may order such water closets to be connected with the sewerage system in said town when in their judgment it is necessary to protect the health of the citizens of the town, and upon the failure of the owner, his agent or tenant to do so, shall have the work done and collect any expense incurred thereby as in case of collecting taxes due said town. Water closets. Sec. 37. Be it further enacted, That the Clerk shall open the tax books to receive the tax returns for both real and personal property on the first day of May each year, and shall keep them open for sixty days. The returns shall be made upon blanks furnished by said corporation, which shall describe the location and value of each separate piece of real property, the amount and value of all personal property and what business he may follow upon which a special tax is required. The returns shall specify the property,

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the person making the returns had on the date that is required by the State and County for returns to be made for taxes. Tax returns. Sec. 38. Be it further enacted, That after the taxes have been returned, the Mayor and Council shall inspect the returns. If it shall appear that any property has been returned below its value, or it appears that there is property not returned, the Mayor and Council shall order the parties returning the property below its value, or the owner of any unreturned property, to appear before the Mayor and Council for the purpose of assessing the property at its true value for the purpose of taxation. If there is any property where the owner is not known, the owner shall be served by publishing the notice before the Court House door of Cherokee County for twenty days before the hearing, stating the time and place of the hearing. After the notice is given, the Mayor and Council shall assess any property under consideration, and if needed, may call and subpoena witnesses as to the value of any property. The said Mayor and Council may assess the value of any property from their own knowledge or from information obtained from others, either on oath or otherwise. If any person is dissatisfied with the values assessed on any of his or her property, such person, firm or corporation may appeal the same to the Superior Court of Cherokee County, where the same may be tried, as any other appeal is tried. Inspection. Reassessment. Sec. 39. Be it further enacted, That the treasurer shall report to the Mayor and Council any person, firm or corporation who may be delinquent in the payment of taxes. The Mayor and Council shall order an execution issued for any amount of tax due, together with a cost of fifty cents for the execution, which shall be issued by the Clerk of Council. Any tax execution so issued shall have the same force and effect as any other tax execution in this State and shall be collected by levy and sale. Executions. Levy and sale. Sec. 40. Be it further enacted, That when any special taxes may have been assessed by the Mayor and Council

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as against any person, firm or corporation and against any particular property for improvements to sidewalks, streets, sewer purposes and waterworks purposes, and when any property may be condemned and taken for public use, and no provision is now made for a hearing beforehand, then the property owner against whom the assessment is made may file any illegality to the execution setting up that any portion or all of the amount in the execution is not due, or that the assessment was not legally made, and setting up wherein it was not legally made, and that the execution is otherwise proceeding against him illegally, and setting out the illegal procedure, when any affidavit of any property owner has been filed with the levying officer as herein provided, he shall return the execution and the affidavit of illegality to the next term of the Superior Court, where the same shall be tried as is now provided for trying illegalities to any other execution; provided, that only one affidavit of illegality shall be made to any one execution, and provided, the Judge of the Superior Court may dismiss said illegality if the same should not be made on sound legal principles. Affidavits of illegality. Sec. 41. Be it further enacted, That the Mayor and Council of the Town of Canton are authorized and empowered to call elections by the qualified voters of said town, 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 town. Bonds may be issued by said Town of Canton for the purpose of erecting, establishing or enlarging any gas, electric lights or waterworks plants or systems, to levy and real estate, to erect any buildings for municipal purposes, to erect and equip any school buildings, to install or enlarge sewerage systems, to provide for the paving of its streets and sidewalks, and for the purpose of carrying out any and all of the corporate powers herein or as may hereafter be granted to said municipality, and are to be issued under the general laws of the State of

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Georgia with reference to the issuance of bonds by municipalities. Elections for bonds. Sec. 42. 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 Canton, or any other bonded indebtedness that may be incurred, according to the manner of the issuance of said bonds, 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. Tax to pay bonded indebtedness. Sec. 43. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the Town of Canton, 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 Canton, not exceeding during any one year seven-tenths of one per cent; provided, however, that such tax shall not include any tax provided for to be raised for school purposes, as hereafter set forth, nor does or shall the same include any tax to be raised for the purpose of paying off the principal and interest of the existing bonds issued by the Town of Canton, nor does or shall the same include and tax that may be necessary in the judgment of the Mayor and Council of the Town of Canton for the purpose of meeting and paying off the principal and interest that may become due and payable or any bonds that may hereafter be issued by said Town of Canton, or for providing a sinking fund for the final payment when due, of the principal and interest on any of such bonds. Tax ad valorem. Sec. 44. Be it further enacted, That the Mayor and Council of said Town of Canton shall have power and authority to levy and collect an ad valorem tax annually, in addition to all other taxes authorized by law, upon the

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taxable property of said town, in such amount as may be required of them by the Board of Education of Canton, upon resolution being made by said Board as is now required by the Act creating said body, or as it may hereafter be amended, and said Town of Canton through its Mayor and Council is given full authority to put into full force all the provisions of that Act. Education tax. Sec. 45. Be it further enacted, That said Mayor and Council shall have power to assess and collect such special or occupation tax and license fee as they may deem proper, upon each and every or any resident, business, trade, calling, profession, occupation, agency or establishment carried on within the corporate limits of said town; provided that said tax shall not exceed the sum of one hundred dollars per annum upon any such person, firm or corporation. They may also regulate, license and tax by ordinance in such sums as they deem proper each itinerant, canvasser, agent or peddler who may do business in said town, and may require such license to be had in advance; they shall have the same authority over all medicine vendors and persons giving theatrical or other like performances, exhibitions and circuses, and all amusements, carnivals, billiard and pool tables, skating rinks, public hacks and drays, automobiles for hire, sign painters, bill posters, and all persons soliciting business of any kind within the limits of said town; and all other businesses, callings or vocations which are not exempt from license under the Constitution and laws of Georgia. Said Mayor and Council may provide for the punishment in the Recorder's Court of said town of any person failing or refusing to pay any of these said taxes or license fees, and may collect such sums due by execution, as other taxes due said town are collected. Licenses. Sec. 46. 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 town in such manner as they deem best, the same to be provided for by ordinance and not to exceed five dollars per annum upon each dog. Dog tax.

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Sec. 47. Be it further enacted, That the Mayor and Council of said town shall have the absolute, full and complete control and supervision of the streets, sidewalks, alleys, lanes, parks and squares of said town, 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 town, and shall have the power to lay off, grade, vacate, close up, open or pave any of its streets and sidewalks for public purposes, upon terms and conditions as the Mayor and Council may by ordinance provide. Provided that no street in said town shall be paved until written petition is made to the Mayor and Council, signed by two-thirds of the owners of the property abutting on the street sought to be paved, requesting that said street or streets be paved. If the Mayor and Council deem it advisable and wise they may upon receipt of such request pass an ordinance authorizing the paving of said street or streets and may assess not exceeding two-thirds the cost of the same upon the abutting property owners, and may provide for the payment and collection of such sums in any manner that they deem advisable and may issue executions to recover said sums when due as taxes are collected by said town. Said town may issue bonds to bear its pro rata share of the expenses of such paving. Said town may charge not exceeding one-half of the expense of paving any sidewalks in said town to the abutting property owners, and may provide by ordinance for such paving and for the distribution of the cost of the same and shall have authority to issue executions to recover any sums due for said paving. Said Mayor and Council shall have the right to make a different charge on property used for business purposes and that used for residence purposes. Streets. Improvements. Petition. Assessments. Sec. 48. Be it further enacted, That it shall be the duty of the Clerk of Council of the Town of Canton to keep at his office a book for the registration of voters of said town, which shall be open for registration on the first day of November each year, and closed two days before any election to

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be held. No person shall be allowed to vote unless he is properly registered. All persons shall be allowed to register and vote who are qualified to vote for members of the General Assembly of Georgia, and who have paid all taxes required by the laws of said State, both State and County taxes, and who have paid all taxes and fines due said Town of Canton, and who have resided in this State one year, in the county six months and in the town three months, are twenty-one years old, and shall make oath or affirmation in the following manner: I do swear, or affirm, that I am a citizen of the United States, that I am twenty-one years of age, or will be on the..... day of..... of this calendar year; that I have resided in this State for one year, in this county six months, and in this town for three months, immediately proceeding the date of this oath, or will have so resided on the..... day of..... of this calendar year; that I have paid all taxes which, since the adoption of the Constitution of 1877, have been required of me, and have paid all fines and taxes due the Town of Canton; that I possess the qualifications of an elector required by the Constitutional amendment adopted in 1908; and am qualified to vote for members of the General Assembly of this State; and that I am not disfranchised from voting by reason of any offense committed against the laws of this State or town. This oath shall be written or printed on the first page of said registration book, or near the first page thereof, and any person desiring to be registered as a voter may apply to the Clerk and after reading said oath, or having same read to him, shall subscribe the same by signing his name in said voters book underneath the oath above described, or on some page following said oath. The Clerk shall administer said oath before allowing any person to sign said voters book. Said books shall be in the possession of the managers of any election; provided, no one will be required to register a second time in order to vote in any special election held during that year. Registration list. Voter's oath. Sec. 49. Be it further enacted, That all elections for said town shall be held by three qualified voters of said

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town selected by the Mayor and Council, who before entering upon their duties shall take and subscribe an oath before some officer authorized by law to administer oaths, that they will faithfully and impartially conduct said election, that they will allow all persons qualified to vote, and not to allow anyone to illegally vote, which oath shall be in the following form: All and each of us do swear that we will faithfully and impartially superintend this day's election; that we are qualified voters of the Town of Canton; 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 this State and town, nor knowing prohibit anyone from voting who is so entitled by law, and will not divulge for whom any vote was cast, unless called on under the law to do so, so help me God. They shall keep two tally sheets with the name and number of each voter, and number of his ticket, which shall be placed in a box and duly counted. After all ballots have been counted and the result declared the managers shall seal up the same in an envelope or box and shall transmit them with the tally sheets and their certificate of the result of the election to the Ordinary of Cherokee County. The tally sheets may be preserved in the office of Ordinary, the tickets being kept by said Ordinary unopened and unaltered for sixty days, if the next Superior Court sits in that timeif not, until after said term, after which time, if there is not a contest begun about said election, the said ballots shall be destroyed without opening or examining the same, or permitting others to do so. Elections. Mayor and Councilmen; oath of office. Sec. 50. Be it further enacted, That the Ordinary of Cherokee County shall declare the result of such election. If any notice of contest to said election is filed, the notice and proceedings of said contest shall be the same as now provided by general law for contest of elections for municipal officers in this State. Contested elections Sec. 51. Be it further enacted, That the public school system of the said Town of Canton shall remain as is now

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authorized and created by the Acts of the General Assembly of Georgia, or as may hereafter be created or amended, and it is expressly stipulated that this charter, or none of its provisions, are to be construed as repealing or modifying any of the provisions of the Acts creating said school system, but the same shall remain of full force and effect. Public schools. Sec. 52. Be it further enacted, That the Mayor and Council of said town may codify all ordinances, resolutions and by-laws of said town,together with the charter of the town, and all special Acts on the subject of the public school system of said town, into one book to be known as the code of the Town of Canton 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 Clerk of Council certifying the same to be the code of laws and ordinances of said town. The Mayor and Council shall have the power and authority to revise said code or recodify the laws and ordinances of said town whenever they may deem it necessary. Codification of ordinances. Sec. 53. Be it further enacted, That the present Mayor and Council of the Town of Canton shall continue in office as the Mayor and Council of the Town of Canton, created by this Act, until their terms shall expire under the provisions of the charter and authority by which they were elected and now hold office. Officers to continue in office. Sec. 54. Be it further enacted, That all laws ordinances and resolutions of the present Town of Canton, not in conflict with the terms of this Act, be and the same shall continue valid and enforceable as ordinances of the Town of Canton, created by this Act. Ordinances effective. Sec. 55. Be it further enacted, 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 appropriated to the exercise thereof, the town shall have and may exercise all other powers

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which under the Constitution of the State of Georgia, it would be competent for this charter specifically to enumerate, it being the intention hereof that the powers of the Town of Canton shall extend to all matters of local and municipal government. General corporate powers. Sec. 56. Be it further enacted, That from and after the passage if this Act, an Act entitled an Act to incorporate the Town of Canton, approved December 12, 1882, and all Acts amendatory thereof, he and the same are hereby consolidated into and superseded by this Act, and are hereby repealed. Provided, that the special legislation on the subject of public school system of said town and the various matters connected therewith shall not be repealed or modified by this Act, but shall remain in full force and effect. Act of 1882 and amending acts consolidated and repealed. Sec. 57. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. CANTON SCHOOL TAX INCREASED. No. 291. An Act to amend an Act approved July 29, 1919, entitled An Act to amend an Act amending the Act authorizing the establishment of a system of public schools in the Town of Canton in Cherokee County, approved August 11, 1913, to provide for an increase in the school tax from four tenths of one percent to five tenths of one percent, and for other purposes, so as to strike out the words five-tenths of one per cent wherever same occur in said Act and insert in lieu thereof the words six-tenths of one per cent; 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 by the

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General Assembly, that an Act approved July 29, 1919, the same being entitled An Act to amend an Act amending the Act authorizing the establishment of a system of public schools in the Town of Canton in Cherokee County, approved August 11, 1913, to provide for an increase in the school tax from four-tenths of one per cent to five-tenths of one per cent, and for other purposes, be, and the same is hereby amended as follows: By striking from the first section and eleventh line, and from the first section and thirteenth line the words five-tenths, and inserting in lieu thereof the words six-tenths of one per cent, so that the clause in which said words appear will read when amended as follows: An amount not to exceed six-tenths of one per cent. Act of 1919 amended. Tax rate. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 26, 1922. CEDARTOWN CHARTER AMENDED. No. 368. An Act to amend the charter of the City of Cedartown as set forth in an Act of the General Assembly of Georgia approved December 13, 1898, and Acts amendatory thereof, by adding at the end of Section 18 of said charter, after the word Clerk, the following words: Any property owner or lessee of property desiring to contest the amount or justice of said execution and the assessment upon which same is based, shall have the right to file an affidavit of illegality to such execution in which any legal defense to the payment thereof may be set up. The City Marshal or other levying officer with whom such illegality is filed shall return the execution and illegality to City Court of Polk County for trial and disposition

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under the same rules of procedure governing the trial of similar cases in said court and in the Superior Courts of said State. Nothing in this section as amended shall be construed as nullifying and previous action or proceeding based upon Section 18 of this charter or ordinances adopted by the Mayor and Council in regard to matters herein referred to, but any property owner or lessee may file his affidavit of illegality to any execution issued by authority of or based upon such charter provision or ordinance heretofore existing, and may have same returned and heard as herein authorized. Also amend said charter by striking from Section 37 of same the words of not more than $25.00 per annum, and by inserting in lieu thereof the words to be fixed and prescribed by the Mayor and 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 authority of the same, That the charter of the City of Cedartown as set forth in an Act of the General Assembly of Georgia approved December 13, 1898, and Acts amendatory thereof, be and the same is hereby amended by adding at the end of Section 18 of said charter, after the word Clerk, the following words: Any property owner or lessee of property desiring to contest the amount or justice of said execution and the assessment upon which same is based shall have the right to file an affidavit of illegality in which any legal defense to the payment thereof may be set up. The City Marshal or other levying officer with whom such illegality is filed shall return the execution and illegality to the City Court of Polk County for trial and disposition under the same rules of procedure governing the trial of similar cases in said court and in the Superior Court of said State. Nothing in this section as amended shall be construed as nullifying any previous action or proceeding based upon Section 18 of this charter or ordinance adopted by the Mayor and Council in regard to matters herein referred

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to, but any property owner or lessee may file his affidavit of illegality to any execution issued by authority of or based upon such charter provision or ordinance heretofore existing, and may have same returned and heard as herein authorized, so that said Section 18 of said charter when so amended shall read as follows: Act of 1898 amended. Sec. 18. Be it further enacted, that the Mayor and Council of Cedartown shall have full power and authority to establish and fix such a system of grading and draining of the streets of said city, as may be deemed proper; and shall have power to compel owners and lessees of property to curb, pave and construct and keep in good repair the streets, sidewalks and open sewers in their front. If any owner or lessee shall fail to comply with the requirements of the Mayor and Council in this regard the work shall be done under the direction of the city and execution shall issue for the cost and expenses thereof against such owners or lessee, to be collected as other executions issued by the Clerk. Any owner of property or lessee of property desiring to contest the amount or justice of said execution and assessment upon which same is based shall have the right to file an affidavit of illegality, in which any legal defense to the payment thereof may be set up. The City Marshal or other levying officer with whom such illegality is filed shall return the execution and illegality to the City Court of Polk County for trial and disposition under the same rules of procedure governing the trial of similar cases in said court and in the Superior Courts of said State. Nothing in this section as amended shall be construed as nullifying any previous action or proceeding based upon Section 18 of this charter or ordinances adopted by the Mayor and Council in regard to matters herein referred to, but any property owner or lessee may file his affidavit of illegality to any execution issued by authority of or based upon such charter provision or ordinance heretofore existing, and may have same returned and heard as herein authorized. Sec. 18 read. Grading and drainage. Affidavits of illegality.

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Sec. 2. Be it further enacted by the authority aforesaid, That Section 37 of said charter, providing for a commission of three persons, to be known as the Water and Light Commission, be and same is hereby amended by striking from said section the words of not more than $25.00 per annum, and by inserting in lieu thereof the words to be fixed and prescribed by the Mayor and Council. Water and light commission; compensation. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and same are hereby repealed. Approved August 11, 1922. CHAMBLEE CHARTER AMENDED. No. 316. An Act to amend an Act incorporating the Town of Chamblee, Georgia, in the County of DeKalb, State of Georgia, to create a new charter and municipal government for said city; to declare the rights and power of the same; to provide for the creation of a board of Mayor and Councilmen; to provide for the levy and collection of taxes and licenses; to enlarge the power of the Mayor and Council of said city so that they shall be authorized and empowered to purchase, build, equip, construct contract for, establish and maintain a system of waterworks, a sewerage system, and electric plant or lighting system, and also to build and equip and maintain a public school building or buildings; to authorize the Mayor and Council of said city to issue and sell bonds of said city sufficient for said purposes 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 Town of Chamblee in the County of DeKalb, be and is hereby incorporated under the name of City of Chamblee. Corporate name.

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Sec. 2. Be it enacted by the authority aforesaid, That the corporate limits of said city shall be approved in charter granted said town August 17, 1908, with the amendment herein and set forth by extending the limits of said city so as to annex and include the additional territory, towit: Beginning at line of present corporate limits near Prospect Church and running in an easterly direction along the north side of Peachtree Road to Shallow Ford Road; thence along the east side of Shallow Ford Road to a point in line with Eighth Street; thence along the south side of Eighth Street to a point in line of the overhead bridge over the Southern Railroad to a public road on the west side of said Southern Railroad to present city limits of Chamblee, Georgia. Territorial limits. Sec. 3. Be it further enacted by the authority aforesaid, That said city shall be officered and its corporate affairs be directed and controlled by a Mayor and five Councilmen whose terms of office shall be two years, and who shall be elected by the qualified voters of said city; the Mayor and Councilmen shall be elected as provided for in section 3 of the Act approved August 17, 1908, granting a charter to said city. Governing body. Sec. 4. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen before proceeding upon the duties of their offices shall severally take before some officer authorized under the laws of Georgia to administer oaths the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as Mayor, or Councilman, as the case may be, of the City of Chamblee during my term of office, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God. Oath of office. Sec. 5. Be it further enacted by the authority aforesaid, That the Mayor or the Mayor pro-tem, and four Councilmen shall constitute a quorum for the transaction of business and the majority of the votes shall determine questions before them, provided that the Mayor or the Mayor

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pro tem. if he is presiding in the absence of the Mayor shall vote only in a case of a tie vote. Quorum. Sec. 6. Be it further enacted by the authority aforesaid, That all persons qualified to vote in this State for members of the General Assembly and who shall have paid all taxes legally imposed and demanded by the authorities of said city and who shall have resided in said city three months prior to the election which they offered to vote and who shall have registered as required by the registration laws ordinances of said city, shall be qualified to vote or be a candidate at any election held under the provision of this charter. Qualified voters. Sec. 7. Be it further enacted by the authority aforesaid, That the Mayor and Council shall be empowered to levy taxes for the support of the government of said city not to exceed five mills, and to license, regulate and control and to collect such taxes as to them shall seem proper on all business operated in said city, also to assess taxes against the railroad, telegraph, telephone, and electric light companies, operating or located in said city. Taxes on property and professions. Sec. 8. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have full power and authority to erect, construct, equip and maintain in said city a system of water works, a sewerage system, an electric system and also to build and equip and maintain a public school building or buildings for said city and to that end shall have full power and authority to acquire by purchase gift or condemnation proceedings all necessary lands, easements, water supplies and franchises. Public works and schools. Sec. 9. Be it further enacted by the authority aforesaid, That in the event said city cannot procure by purchase the necessary lands, right-of-ways or water-ways for the construction of the system of water-works, electric system or sewerage, school building, or buildings, then the Mayor and Council of said city shall have the right to exercise the power of eminent domain and to condemn such lands,

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easements, right-of-ways, and water-ways and franchise, 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 Acts amendatory thereto. condemnation. Sec. 10. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have the right of laying the necessary water mains, pipes, conduits and drains for water-works, and the right to erect poles, posts and wires for the purpose of conveying electricity and lighting said city, said rights to apply to the public highways of said County of DeKalb, as well as to the public streets, alleys and lanes of said city, and over and across and under lands of person or corporation upon payment of just compensation that may be agreed upon and assessed as provided in chapter 9, volume 1, of the Code of 1910 of the State of Georgia. Water mains, etc. Sec. 11. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city are hereby authorized and empowered to order and have held an election by the qualified voters of said city at such time as the Mayor and Council may designate to determine whether or not bonds shall be issued by said city in a sum not to exceed the constitutional limitation, to be sold for the purpose of establishing, constructing, equipping and maintaining a system of water-works, a sewerage system, electric system and of building and equipping a public school building or buildings for said city or anyone or all of said public improvements; said election shall be held in accordance with the provisions of section 440-443 inclusive of the Code of Georgia of 1910, and at said election the ballot used shall be For Bonds for Water-Works System, Against Bonds for Water-Works System, For Bonds for Electric System, Against Bonds for Electric System, For Bonds for Sewerage System, Against Bonds for Sewerage System, For Bonds for School Building, Against Bonds for School Building. The Mayor and Council shall have power and authority to order an election, either for

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lights, water-works system, sewerage system or school building bonds, or for either four or all of said purposes. The Mayor and Council shall be required to advertise said election in a newspaper in the County of DeKalb in which the sheriff's advertisements are published thirty days immediately preceding the date of said election; and in addition to said published notice shall post at three public and conspicuous places within the corporate limits of said city notices of said bond election, all of which said notices shall specify in detail the amount of bonds to be voted for and the purposes for which said bonds are to be issued, the length of time said bonds are to run, and the rate of interest to be paid thereon. Election for bonds. Ballots. Advertisement. Sec. 12 Be it further enacted by the authority aforesaid, That if said election herein provided for be in favor of bonds for all of said purposes or for either of said purposes then the Mayor and Council of said City of Chamblee shall be and they are hereby authorized to issue the amount of bonds, of the City of Chamblee, so voted on, in a sum equal to the amount fixed by the Mayor and Council for said purpose or purposes, which total sum shall not exceed the limit provided for in the Constitution of this State. Said bonds shall be designated Water-Works Bonds, Electric Bonds, Sewerage Bonds and School Building Bonds of the City of Chamblee, as should result from the election so held and carried. Said bonds shall be issued in such denomination as may be fixed by the Mayor and Council of said city, and for a term not to exceed thirty years; the rate of interest on said bonds shall be fixed by the Mayor and Council in such way as may seem most advantageous for said city after being advertised by law. Issue of bonds. Sec. 13. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall be, and are hereby authorized and empowered to annually assess, levy and collect a tax on all of the property both real and personal, corporate, and franchise, in the corporate limits of said city in such sums as may be equitable, right, proper

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and necessary for the specific purpose of paying the interest on said bonds and also to create a sinking fund sufficient to redeem and pay off such bonds at the maturity thereof, and the tax assessed, levied and collected for such purpose shall be kept separate and distinct from all other taxes and moneys of said city, and shall be used solely for the payment of the interest of said bonds, as it may accrue, and for the creation and accumulation of a sinking fund, for the payment of the principal of the same. Tax to pay interest. Sec. 14. Be it further enacted by the authority aforesaid, That if the election herein provided for shall be against the issue of bonds the Mayor and Council of said city, at any time after the expiration of six months from the date of the first election hereunder, order another election under the provisions of this Act for either or all of said purposes. Second election. Sec. 15. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city, be and they are hereby authorized and empowered to do and perform all Acts and things necessary and incident to the building and operation of said water-works system, electric system, sewerage system, and school buildings, and to do and perform any and all Acts and things necessary, usual and incident to issuing and sale of each and all bonds authorized under this Act, and to protect all property of said city, whether located within or without the corporate limits of said city, and generally to do and perform all things usual, incident and necessary to the Acts and things authorized under this Act. Erection and operation of systems. Sec. 16. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have full power and authority to grant franchises for the City of Chamblee. Franchises. Sec. 17. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Chamblee, shall have power and authority to create, equip and maintain a fire department. Fire department.

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Sec. 18. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city, shall have power and authority to adopt and enforce such ordinances, rules and regulations as they may deem necessary for the good, health and sanitary condition of said city. Health regulations. Sec. 19. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have power and authority when necessary to supply casual deficiencies in the revenues of said city, to negotiate temporary loan or loans and execute a note or notes therefor in the name of the City of Chamblee. Notes. Attorney. Sec. 20. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have power and authority to elect an attorney for the City of Chamblee. Sec. 21. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have power and authority to make and enforce any and all by-laws, rules and regulations, or ordinances necessary for the government of said city, and the peace and good order thereof, and to punish by fine or imprisonment, or both, in the discretion of the Mayor, who is hereby clothed with the authority to try offenders against the ordinances of said city, and is hereby empowered to punish such offenders by a fine of not more than $100.00 or by work on the public streets of said city for not more than thirty days, either or both of such penalties, and fix the cost in all cases of violation of the ordinances of said city, and upon conviction, said costs shall be taxed against the offender so convicted. Enforcement of laws. Sec. 22. Be it further enacted by the authority aforesaid, That the Mayor and Council shall fix the salaries of the Mayor and Councilmen; the salaries of the Mayor and Councilmen shall not be increased or diminished during their term of office; and also to fix the salaries of all employees of said city. Salaries. Sec. 23. Be it further enacted by the authority aforesaid, That the Mayor and Council shall elect a city clerk

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and treasurer, said clerk and treasurer may be one and the same person. Clerk and Treasurer. Sec. 24. Be it further enacted by the authority aforesaid, That the Mayor and Council shall elect a marshal who may be chief of police and as many policemen as in their judgment may be necessary, each of said officers shall take such oaths of office, and give such bonds and perform such duties as shall be fixed by ordinances; all official bonds shall be made payable to the City of Chamblee. Marshal. Sec. 25. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have power and authority in their discretion to suspend and remove such officers from office of the City of Chamblees. Suspension and removal. Sec. 26. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are hereby repealed. Approved August 1, 1922. CLARKESVILLE; OFFICERS AND SALARIES. No. 335. An Act to amend an Act creating a new charter and municipal government for the City of Clarkesville, approved August 18, 1917, which Act appears on pages 581 to 649, inclusive, of the Georgia Laws for the year 1917 so as to amend Section 26 on page 595 of said Act by increasing the maximum amount of salary to be paid annually for each marshal employed by said city from $480.00 to $900.00 per annum, and also to amend said section 26 of said Act so as to increase the maximum amount of the combined salaries of all officers or special employed officials of said city from $900.00 to $1,400.00 per annum. Section 1. Be it enacted by the authority of the General Assembly, and it is hereby enacted by the authority of

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the same, That from and after the passage of this Act by the General Assembly amending the charter of the City of Clarksville, in the County of Habersham, which charter is to be found on pages 581 to 649, inclusive of the Georgia Laws for the year 1917, be and the same is hereby amended by striking from Section No. 26 of said charter on page 595 of said Laws and beginning in the 34th line of said section the words, that the salary of the marshall shall not exceed the sum of $480.00 per annum for each marshal so employed and substituting in lieu thereof the words that the salary of the marshal shall not exceed the sum of $900.00 per annum for each marshal so employed and further striking from said charter and from said section on page 596 beginning in the first line on said page the words that the combined salaries of all officers or specially employed shall not exceed the total sum of $900.00 per annum and substituting in lieu thereof the words that the combined salaries of all officers and specially employed officials of said city shall not exceed the total sum of $1400.00 per annum making said section 26 when so amended shall read as follows: Act of 1917 amended. Be it further enacted by the authority aforesaid, That the Mayor shall receive a salary of $100.00 per annum, payable annually, unless it be changed as provided for in Section 104 of this Act, to be paid immediately after the close of the City tax books of each year. The Mayor shall receive no other compensation by costs or otherwise. The Councilmen shall have an adequate salary to be fixed by an annual ordinance, which in each case shall be passed by each retiring Mayor and Council; provided that the succeeding Mayor and Council shall have the right to elect a recorder as provided for herein and such salary of the Mayor shall be automatically fixed by Section 104 of this Act for such time the Mayor is not acting as presiding officer of such police court and no further compensation by costs or otherwise; provided, that the salary of the Councilmen shall not exceed $100.00 per annum in total or as a whole. The Mayor and Council shall elect annually, on the first Friday in January

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in each year or as soon thereafter as practical, a marshal or marshals, city clerk or clerk of the council, and a city treasurer who shall discharge all the duties imposed by this charter, the laws and ordinances of the city as hereinafter provided. The Mayor and Council shall at the same time, if in their discretion they deem it proper and necessary, elect a competent and reputable attorney, not one of their body, who shall be the attorney of the city, and his duties and compensation shall be prescribed by the Mayor and Council, but the Mayor and Council may, in their discretion, dispense with the services of a regularly employed attorney as the occasion demands. The said Mayor and Council may, in their discretion, employ an auditor whose duty it shall be to throughly examine and audit the books and accounts of all city officers in every department of the city, at least once a year, and make reports of the same to the Mayor and Council; provided, that the salary of the Marshal shall not exceed the sum of $900.00 per annum for each Marshal so employed; that the City Clerk or the Clerk of the Council's salary shall not exceed the sum of $75.00 per annum; the salary of the city treasurer not to exceed the sum of $25.00 per annum; that the City Attorney's salary shall not exceed the sum of $50.00 per annum; provided, further, that the combined salaries of all officers and specially employed officials of said city shall not exceed the total sum of $1400.00 per annum. That the Mayor and Council may, in their discretion, employ a city tax collector who shall in lieu of the marshal of said city collect all taxes, both special and ad valorem, whose duty shall be prescribed by the Mayor and Council by ordinance, that he shall receive as compensation the sum of one-half of one per cent. on all taxes collected by him and such amount shall be payable on or after December the 20th, of each year and in the absence, resignation or removal from office the Marshal shall have charge of collecting said taxes; that such tax-collector shall give bond payable to the Mayor and Council of said city for an amount not less than four thousand dollars and he shall give as security some good and solvent

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bonding company approved and designated by the Mayor and Council and the fees therefor shall be paid by the City of Clarkesville. To be read. Marshal. All salaries combined. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1922. CLAXTON SCHOOL TAX. No. 315. An Act to amend an Act entitled An Act to establish a new charter for the City of Claxton, Georgia, located in the County of Tattnall, State of Georgia, approved July 28, 1911, and Acts amendatory thereof: providing authority for the Mayor and Council of said City of Claxton to levy a tax for school purposes and maintenance of school property of said City of Claxton, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Mayor and Council of the City of Claxton, Georgia, shall, on and after the passage of this Act, be and are hereby authorized and empowered to assess and collect a tax of not to exceed three mills on each dollar's worth of property within the incorporate limits of said city, for the purpose of preserving and taking care of the property belonging to said city located within its limits, and used for educational purposes, and for the purposes of maintaining and aiding in the maintenance of schools located within said corporate limits. Tax rate. Sec. 2. Be it further enacted by the authority aforesaid, that such tax shall be levied and collected by the Mayor and Council at the same time and in the same manner as other ad valorem taxes are levied and collected by said city. Collected, how.

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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 1, 1922. COLLEGE PARK CHARTER AMENDED. No. 468. An Act to amend an Act entitled An Act to incorporate the City of Manchester, and for other purposes, approved October 5th, 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 16th, 1895, and all amendments thereto, so as to provide for a system of registration of voters in and for the City of College Park; for a single, annual, general registration list of the voters of said city for use in all elections held therein; for form of oath to be taken and signed by the voters and the effect of signing same; for an assistant registrar or registrars; for the preparation and purging of registration lists; for the use of registration certificates; for the manner of holding elections in said City and for notice thereof; also, so as to provide for an increase in the maximum ad valorem tax rate for the ordinary expenses of said City; also, so as to provide for the power and authority to issue bonds fo rthe mainteannce, improvement, enlargement and extension of the waterworks and sewerage system of said City; to hold elections therefor; to levy and collect an annual tax to pay off such bonds, and to confer all necessary powers relative to same; also, so as to provide for the grading and paving of sidewalks in said City, and the assessment and collection of the total cost thereof against and from

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abutting property and the owners thereof; also, so as to provide for the return of property for taxation; so as to provide penalty for non-return of property for taxaction; so as to provide for the maturity of taxes, so as to provide for the creation of a board of tax assessors, and prescribing its powers and duties; so as to provide for the assessment of property for taxation by the Mayor and Council, and to prescribe rules and regulations relating thereto; so as to provide for the election of the members of the Board of Education of the City of College Park; and, also, for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. That the charter of the Mayor and Council of the City of College Park, as contained in an Act to incorporate the City of Manchester, and for other purposes, approved October 5th, 1891, and an Act to repeal al 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 16th, 1895, and all amendments thereto, and particularly as contained in sections fifteen and sixteen of the Act of the General Assembly of Georgia, approved August 16th, 1913, and published in Georgia Laws, 1913, pages 689, 690 and 691, relating to the registration of the voters of said city, be, and the same are, hereby amended, by striking therefrom and repealing said sections fifteen and sixteen of said Act approved August 16th, 1913, and inserting and enacting in lieu thereof, the following, as sections fifteen (a), (b), (c), (d), (e), (f), (g), (h), and (i), and sixteen (a), (b) and (c): Acts of 1891, 1895, and 1913 amended. Sec. Fifteen (a). Be it further enacted by the authority aforesaid, That immediately after the passage and approval of this Act, the Mayor and Council of said city shall provide, and the City Clerk of said City, who shall be the registrar

Page 644

of the voters thereof, shall open and keep open, as hereinafter provided, a book or books, to be designated Voters' Book, for the registration of the qualified voters of said city for the present year, to-wit, the year 1922, for any and all elections of every kind and character and for whatever purpose held in said city during the year 1922; and on the first day of January, 1923, and each year thereafter, said Mayor and Council shall likewise provide, and said City Clerk shall likewise open and keep open, as hereinafter provided, a book or books, to be designated Voters' Book, for the registration of the qualified voters of said City for each year, for any and all elections of every kind and character and for whatever purposes held in said city during the year in and for which said annual registration is had; it being the intent and purpose of this Act to provide for a single, annual, general registration of the qualified voters of said city, under general rules, for use in any and all municipal elections of every kind and character and for whatever purpose held in said city during the year in and for which such annual registration is had. Said book or books shall consist of a book or books made up of separate printed oaths, in form and language hereinafter set out, securely bound together; and said Mayor and Council may, in their discretion, provide for a separate book or books for each of the wards of said City. The oath above mentioned shall be in the form and language following, to-wit: Registration of voters. OATH OF VOTER

Page 645

The Mayor and Council may, of desired, add to the form of oath above set forth, the name of the ward and the year for which it is to be used. Voter's oath. Section Fifteen (b). Be it further enacted by the authority aforesaid, That the City Clerk, as Registrar, as aforesaid, or any assistant registrar, hereinafter provided

Page 646

for, shall keep said Voters' Book open for the registration of voters at the City Hall in said City at all times during office hours or when the Clerk`s office is open for the payment of taxes or other business; the Voters' Book for the present year, 1922, to be so kept open from the opening thereof immediately after the passage and approval of this Act, as aforesaid, for the remainder of said year, Sundays and legal holidays alone excepted; and the Voters' Book for each year thereafter, beginning with the year 1923, to be so kept open throughout the year, Sundays and legal holidays alone excepted. The City Clerk and the assistant registrar or registrars hereinafter provided for, are authorized and empowered to take and have charge of said Voters' Book and to administer said oath, and when the signature of any person on said Voters' Book or to said oath is not clearly legible, the officer in charge of said Voters' Book shall, at the time said signature is made, write out the same in clear, legible letters opposite said signature. Any person desiring to be registered as a voter in said City of College Park and in and for any and all the municipal elections of every kind and character and for whatever purpose held in and for said city, and possessing the qualifications set forth in said oath, may on application in person, and not by proxy, to the City Clerk, or any assistant registrar, register as such voter, by reading said oath, or having the same read to him or her, and subscribing the same by signing his or her name thereto at the place for signature thereon, in said Voters' Book; an entry or memorandum of ward, street address, age and occupation being first made by the officer in charge of said Book, or by the affiant at the place indicated therefor in said oath; and when affiant is not twenty-one years of age at the time of subscribing the oath, a similar entry or memorandum shall, in like manner, be made, showing the date in the year when he or she will reach the age of twenty-one years; and when the affiant has not resided in the State one year, in the County six months, or in the City thirty days, at the time

Page 647

of subscribing the oath, a similar entry or memorandum, shall be made showing the date in the year when he or she will have resided in the State one year, in the County six months, and in the city thirty days. Upon the request of the applicant, the officer in charge of said Book shall read or repeat said oath distinctly to the applicant, and if the applicant cannot sign his or her name, said officer shall sign it for him or her, the applicant making his or her mark thereto. The signature made by a person to said Book shall be prima facie evidence that the person so signing swears, or affirms, the truth of every material fact set forth in said oath, and of the written memoranda or entries therein contained. For the purpose of more easily identifying the voter, the officer in charge of the Voters' Book shall note thereon, in connection with each signature, the race and sex of the person signing, that is to say, whether white or colored, male or female, and this may be done by striking the printed words at the bottom of said oath designating race and sex which are inapplicable to the voter. Voters' book, how kept. Clerk and registrars; duties. Sec 15 (c). Be it further enacted by the authority aforesaid, That the Mayor and Council of said City, shall have the power and authority, by ordinance or resolution, to appoint, from time to time, for such term or period of time, definite or indefinite, as they may deem proper, an Assistant Registrar or Registrars, who shall have the same powers and may perform any or all of the duties with respect to the registration of voters, as may be exercised or performed by the City Clerk or Registrar under the provisions of this Act. In the registration of voters, any such assistant registrar shall sign his or her name to the jurat of the voters' oath, followed by his or her title as Assistant Registrar. Assistant registrars. Sec. 15 (d). Be it further enacted by the authority aforesaid, That prior to each election of any kind or character, or for whatever purpose, to be held in said City, the City Clerk shall make out three copies of a list or lists, in alphabetical order and according to wards, of all persons who have registered in the Voters' Book for the year in

Page 648

which the election is to be held, and who, at the time of such election, will be twenty-one years of age and will have resided in the State, County, and City for the required period; and shall furnish such list or lists, at least ten days prior to the date of such election, to a Board of Registrars appointed by the Mayor and Council as hereinafter provided; and thereafter, and during the period of ten days immediately prior to the date of such election, said City Clerk shall furnish to said Board of Registrars three copies of a supplemental list or lists, in alphabetical order and according to wards, of all persons of the requisite age and residence, as aforesaid, who have been registered since the making up and furnishing of the previous list or lists; the supplemental list or lists to include all such persons who have registered up to and including the day next preceding the day of such election. The Mayor and Council shall appoint, either annually for all elections to be held during the year, or for each election, three persons, who shall be regular voters of the City, who shall constitute and be known as the Board of Registrars of said City. Neither the City Clerk nor any of the Assistant Registrars hereinabove provided for, shall be eligible to membership on said board, but any member of Council may be appointed as a member thereof. It shall be the duty of said Board of Registrars to receive, examine and purge said lists and supplemental lists of registered voters so furnished them, as aforesaid, by striking and removing thereform, before the day of such election, the names of all persons who have died, or who removed from the city, or who have not paid all taxes, State, County, and Municipal, including street taxes, then due, or performed street work theretofore required in lieu of payment of street taxes; and also, the names of all persons who may be, or may have become, disqualified for any other reason to vote in the election prior to which such lists are furnished as aforesaid, including any person who will be under the age of twenty-one years, or who will not have resided in the State, County and City for the requisite periods, on the day of such election. In purging said lists

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said Board shall act upon the best evidence or information obtainable within the time available therefor. Said Board of Registrars shall furnish to the City Clerk a list or lists of the names so purged, stricken and removed by them, and said City Clerk shall strike and mark said names from the Voters' Book, and a registrant so stricken and marked from said Book shall not be entitled to vote in any election in the City until such registrant had qualified and again registered under the terms of this Act, or unless his name has been restored to said Book as herein provided. Said Board of Registrars shall notify each person whose name is purged, stricken and removed by them, as aforesaid, of that fact, by mailing written notice thereof to such person at the address appearing on the Voters' Book or oath signed by such person, or by having the same personally served upon such person; and if such person claims that his or her name has been improperly purged, stricken and removed by said Board of Registrars, such person may make written complaint thereof to said Board by leaving same with the City Clerk at the City Hall in said City, and shall be entitled to be heard thereon by said board, at such time and place as may be fixed by said Board, after at least one day's notice thereof either by mail or personal service thereof aforesaid. Said notice, however, may be waived by such person, and earlier hearing afforded by said Board, in its discretion. The action of said Board on such complaints shall be final; and if said Board finds that the name of such person was improperly stricken and removd, said Board shall restore same to the list of registered voters from which it was stricken, and notify the City Clerk in writing accordingly, who shall likewise restore same to the Voters' Book by entry of that fact on such person's voters' oath therein. With respect to any person whose name has been purged, stricken and removed by said Board at such time before the day of election that sufficient opportunity may not be afforded for notice, and hearing of any complaint prior to the day of such election, as herein provided, said Board shall give such notice as is reasonably possible, and hear such complaint

Page 650

on the day of the election, and if said Board finds that the name of such person has been improperly stricken and removed, said Board shall notify the City Clerk in writing accordingly, who shall thereupon restore same to the voters' Book by entry as above provided, and said Board shall furnish to such person whose name has been thus restored, a certificate, in form to be provided by the Mayor and Council, signed by the members of said Board, or a majority of them, to the effect that such person's name has been restored to the Voters' Book and that he or she is enitled to vote in such election; which certificate, upon presentation and surrender to the managers of the election at the voting precinct where such person is entitled to vote, shall entitle such person to vote in said election The managers of election shall, upon the presentation and surrender of such certificate, add the name of such person to the official lists of registered voters being used in said election at such voting precinct, followed by the word Certificate; and all such certificates shall be preserved by the election managers and filed by them with their returns of the election. Each of the members of the Board of Registrars provided for by this section of this Act shall, before entering upon the discharge of his duties, take and subscribe the following oath before some officer authorized to administer oaths under the laws of this State, towit: `I do solemnly swear that I will faithfully and imparitally discharge, to the best of my ability, the duties imposed upon me by law as a member of the Board of Registrars of the City of College Park'; which oaths shall be filed with the City Clerk. In the event there is a difference of opinion among the three members of the Board with respect to the qualification of a voter in the matter of removal or restoration of his name, as aforesaid, the concurrent votes of any two shall control the matter. Lists of voters for elections. Board of registrars. Revision of lists of voters. Purged lists. Notice. Certificate to voter. Oath of board of registrars. Sec. 15 (e). Be it further enacted by the authority aforesaid, That when said Board of Registrars shall have purged the list or lists and supplemental list or lists furnished them by the City Clerk, prior to an election, as hereinbefore

Page 651

provided, said Board of Registrars shall prepare from said lists as so purged, with any restoration of names thereto, an official list of registered voters for use in said election, which shall consist of three lists for each ward or voting precinct in said city of the names of persons entitled to vote at such ward or voting precinct, in alphabetical order, with the color and sex of the voter noted opposite each name; and said lists, so prepared, with the written approval of the members of said Board, or a majority of them, thereon, shall be furnished to the managers of said election, according to wards or voting precincts, at or before the time the polls are opened for said election; and the managers shall not permit any person to vote in said election whose name is not on said lists, unless such person presents and surrenders to said managers a certificate showing that he or she is entitled to vote in said election, as hereinbefore provided in section 15 (d), or as hereinafter provided in section 15 (f) and (g) of this Act. Official list of voters. Sec. 15 (f). Be it further enacted by the authority aforesaid, That any person who has not registered under the provisions of this Act on or prior to the date next preceding the day of any election, and who desires to vote in such election, may so do, provided such person, on the day of such election, possesses the requisite qualifications of age and residence, and has paid all taxes then past due, and has done all street work theretofore required, and is otherwise entitled to register under the provisions of this Act, and provided such person registers on said day and secures a voting certificate and presents and surrenders same, as herein provided. When such person registers, he or she shall, upon the request, be furnished by the City Clerk or Assistant Registrar with a certificate, in form to be provide by the Mayor and Council, signed by the City Clerk or assistant Registrar, to the effect that such person has registered and is entitled to vote in the election held that day; which certificate must also be approved in writing thereon by the Board of Registrars, or a majority of said

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Board. Said Board shall be present at the City Hall on the day of the election between the hours of the opening and closing of the polls, for the purpose of passing on and approving such certificates, and the performance of such other duties or the transaction of such other business as may be required of said Board on that day by the provisions of this Act. Upon the presentation and surrender of such certificate to the manager of election at the voting precinct where such person is entitled to vote such person shall be entitled to vote in said election. The managers of election shall, upon the presentation and surrender of such certificate, add the name of such person to the official lists of registered voters being used in said election at such voting precinct followed by the word `Certificate;' and all such certificates shall be preserved by the election managers and filed by them with their return of the election. Unregistered persons may obtain certificate and vote. Sec. 15 (g). Be it further enacted by the authority aforesaid, That any person whose name has been, by accident or mistake, omitted by the Board of Registrars from the official lists of registered voters for an election, prepared from purged lists, as hereinbefore provided, may vote in such election upon securing a certificate signed by said Board, or a majority of them, in form provided by the Mayor and Council, that the name of such person was omitted from such official lists by accident or mistake, and that such person is entitled to vote in the election; said certificate to be presented and surrendered by such person, and his name entered on such lists, and said certificate preserved and filed in the manner provided in the next preceding section of this Act. Names omitted by mistake. Sec. 15 (h). Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of College Park shall have the power and authority, by ordinance, to provide for such other and further rules and regulations as they may deem proper, relative to the registration of voters and the preparation and purging of the Voters' Book

Page 653

and registration lists, provided such rules and regulations are not in conflict with the provisions of this Act. Further rules. Sec. 15 (i). Be it further enacted by the authority aforesaid, That any person knowingly or wilfully registering upon the Voters' Book of said city without being entitled to do so, or knowingly or wilfully giving any false information for the purpose of becoming registered or having his or her name placed on the Voters' List for any election, or voting at any election when not legally entitled to do so, shall be guilty of a misdemeanor, and upon conviction, shall be plunished as provided by section 1065 of the Penal Code of Georgia of 1910. Penalty for unlawful voting. Section 16 (a). Be it further enacted by the authority aforesaid, That all elections held in and for the City of College Park shall be conducted under the management of three freeholders, residing in said city, for each of the wards or voting precincts therein, who shall be appointed by the Mayor and Council of said city for the election to be managed and held by them, and who, before proceeding with the election, shall each take and subscribe the following oath, to-wit: `Georgia, Fulton County, City of College Park. All and each of us do solemnly swear that we will faithfully manage and superintend this days election; that we are qualified to act as such managers by being freeholders residing within the corporate limits of said City of College Park; that we will make a just and true return of said election; and not knowingly permit anyone to vote, unless we believe he or she is entitled to do so according to the laws of said State and the charter of said City; nor knowingly prohibit anyone from voting who is entitled to do so under the laws of said State and the charter of said City; and we will not knowingly divulge for whom or for what any vote was cast unless called upon to do so under the law. So help us God.' Said oath shall be taken either before some officer authorized by law to administer an oath, or the Managers may swear each other. The Mayor and Council may, in their discretion, appoint a clerk or clerks to

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assist the managers in the conduct of the election, and such clerks shall take and subscribe an oath similar to the oath for managers, either before an officer authorized by law to administer oaths, or before one of the managers, before entering upon the discharge of their duties. The managers shall make and sign a true and correct return of the election held by them, to the Mayor and Council, together with the ballot box, ballots duly sealed, voters' lists, voting certificates and talley sheets; and said Mayor and Council shall, in the presence and together with the several managers who bring up the returns, consolidate said returns and declare the result; and said returns, consolidation and declaration of result shall be entered on the minutes of the Mayor and Council by the City Clerk. Elections. Oath of managers. Clerks. Returns of elections. Sec. 16 (b). Be it further enacted by the authority aforesaid, That notice of all elections held in said City, except the general election for officers on the first Monday in December of each year, and except elections for which notice is otherwise provided by law, shall be given at least thirty days prior thereto, in such manner as the Mayor and Council shall prescribe. Notice of elections. Sec. 16 (c). Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the power and authority, by ordinance, to regulate the manner of the holding and conduct of all elections of said City, by providing rules and regulations relative to the time of opening and closing of polls, the location of voting precincts, the form of ballots when not otherwise provided, the marking of ballots, the conduct of persons at or near voting precincts, and such other rules and regulations governing said elections and the conduct thereof as may, in their discretion, be deemed necessary or proper, and which are not in conflict with the provisions of this Act or contrary to law. Regulations. Sec. 2. Be it further enacted by the authority aforesaid, That the charter of the Mayor and Council of the City of College Park, as contained in section sixteen of the Act of

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the General Assembly of Georgia, approved December 16th, 1895, and published in Georgia Laws, 1895, pages 254 and 255, and relating to the ad valorem tax rate of said City for ordinary expenses, be, and the same is hereby, amended by striking from said section the words one-half, and inserting in lieu thereof the words, three-fourths, so that said section, as thus amended, will read as follows: Sec. XVI. (16). Be it further enacted by au hority aforesaid, That the Mayor and Council shall have power to assess, levy and collect an ad valorem tax, not to exceed three-fourths of one per cent. per annum, upon all the real and personal property in said city for the purpose of providing revenue for the ordinary expenses of the municipal government. Tax rate ad valorem. Sec. 3. Be it further enacted by the authority aforesaid, That the provisions of the next preceding section of this Act relating to the ad valorem tax for the ordinary expenses of the municipal government, shall take effect and be operative as well for and during the present year, 1922, as for future years; and the Mayor and Council shall have power to assess, levy and collect, for and during the year 1922, for such ordinary expenses for said year, any part or all of the tax increase of one-fourth of one per cent. provided for by said preceding section of this Act, in addition to the amount or rate permitted under the charter prior to this amendment. Provisions effective in 1922. Sec. 4. Be it further enacted by the authority aforesaid, That in addition to any and all other bonds heretofore issued or authorized to be issued by the Mayor and Council of the City of College Park, and subject to the limitation of bonded debt provided by the Constitution of this State, the Mayor and Council of the City of College Park be, and they are hereby authorized, in their discretion, to issue and sell any amount or amounts of bonds, to be known as Water Bonds, not exceeding in the aggregate Fifty Thousand ($50,000.00) Dollars; such bonds to be in such denominations

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as said Mayor and Council may deem proper; each bond to be for not less than One Hundred ($100.00) Dollars and for not more than One Thousand ($1,000.00) Dollars, running for not more than thirty years from the date of their issue, maturing either serially or at the expiration of a certain number of years, not exceeding thirty years, and to bear interest at the rate of not exceeding five per cent. per annum. The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, interest on said bonds to be payable semi-annually, and the principal to be paid at or before the maturity of said bonds, provided, said bonds shall not be sold below par; and provided that the qualified voters of said City of College Park assent to the issue of said bonds, as provided by law, at an election or elections which the Mayor and Council of said City are hereby authorized to call, at such time or times as they may deem proper, and in accordance with the Constitution and laws of this State; thirty days' notice of such an election to be given by publication of such notice in the paper in which Sheriff's advertisements are published in Fulton County, Georgia. Any election or elections held under the authority and provisions of this Act shall be governed by the same rules and regulations as regular elections for Mayor and Councilmen of said City, and the qualifications of voters shall be the same. Each voter shall have printed or written upon his or her ballot, the words For Water Bonds, or Against Water Bonds; and if the requisite majority provided by law shall vote in favor of or for said bonds it shall be the duty of said Mayor and Council to issue them. Said Mayor and Council shall have the power and authority to call an election or elections, as hereinabove provided, on the questiion of the issuance of said bonds, from time to time, and until the power herein conferred as to the aggregate amount of said Water Bonds and the issuance thereof has been exhausted. In the event said bonds shall be authorized, said Mayor and Council shall, at or before the time of issuing any of said bonds, provide for the levy and

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collection of an annual tax, in addition to all other taxes authorized by law, sufficient in amount to raise a fund to pay the interest on said bonds semi-annually during the life of said bonds, and also to provide a sinking fund to pay off the principal of said bonds at their maturity. Said fund shall be held as a sinking fund for the payment of said bonds and interest, and shall be used for no other purpose. Said bonds shall be issued in conformity with the general laws validating municipal bonds, and when issued shall be sold and their proceeds used for the maintenance, improvement, enlargement and extension of the waterworks system of said City of College Park, and for no other purpose. Bonds for waterworks. Assent of qualified voters. Elections. Ballots. Bond tax Sinking fund. Sec. 5. Be it further enacted by the authority aforesaid, That in addition to any and all other bonds heretofore issued or authorized to be issued by the Mayor and Council of the City of College Park and subject to the limitation of bonded debt provided by the Constitution of this State, the Mayor and Council of the City of College Park be, and they are hereby authorized, in their discretion to issue and sell, any amount or amounts of bonds, to be known as Sewer Bonds not exceeding in the aggregate Thirty Thousand ($30,000.00 Dollars, such bonds to be in such denomination as said Mayor and Council may deem proper; each bond to be for not less than One Hundred ($100.00) Dollars, and for not more than One Thousand ($1,000.00) Dollars running for not more than thirty years from the date of their issue, maturing either serially or at the expiration of a certain number of years, not exceeding thirty years, and to bear interest at the rate of not exceeding five per cent. per annum. The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard weight and fineness, interest on said bonds to be payable semi-annually, and the principal to be paid at or before the maturity of said bonds, provided said bonds shall not be sold below par; and provided that the qualified voters of said City of College Park assent to the issue of said bonds, as provided by law, at an election or elections which

Page 658

the Mayor and Council of said City are hereby authorized to call at such time as they may deem proper, and in accordance with the Constitution and laws of this State; thirty days notice of such an election to be given by publication of such notice in the paper in which sheriff's advertisements are published in Fulton County, Georgia. Any election or elections held under the authority and provisions of this Act shall be governed by the same rules and regulations as regular elections for Mayor and Councilmen of said City, and the qualifications of voters shall be the same. Each voter shall have printed or written upon his or her ballot, the words For Sewer Bonds or Against Sewer Bonds, and if the requisite majority provided by law shall vote in favor of or for said bonds, it shall be the duty of said Mayor and Council to issue them. Said Mayor and Council shall have the power and authority to call an election, or elections as hereinabove provided, on the question of the issuance of said bonds from time to time, and until the power herein conferred as to the aggregate amount of said Sewer Bonds and the issuance thereof has been exhausted. In the event said bonds shall be authorized, said Mayor and Council shall, at or before the time of the issuing of any of said bonds provide for the levy and collection of an annual tax, in addition to all other taxes authorized by law, sufficient in amount to raise a fund to pay the interest on said bonds semi-annually during the life of said bonds, and also to provide a sinking fund to pay off the principal of said bonds at their maturity. Said fund shall be held as a sinking fund for the payment of said bonds and interest, and shall be used for no other purpose. Said bonds shall be issued in conformity with the general laws validating municipal bonds, and when issued shall be sold and their proceeds used for the maintenance, improvement, enlargement and extension of the sewerage system of said City of College Park and for no other purpose. Bonds for sewers. Assent of voters. Elections. Ballots. Bond tax. Sinking fund. Sec. 6. Be it further enacted by the authority aforesaid, That the charter of the Mayor and Council of the City of

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College Park as contained in section thirteen of the Act of the General Assembly of Georgia, approved August 16th, 1913, and published in Georgia Laws 1913, pages 687, 688 and 689, and relating to street improvements in said City, be and the same is hereby amended by striking from said section whenever they appear therein the words, sidewalk and sidewalks, and by adding to said Act and said section thirteen thereof the following, as section thirteen (a), (b) and (c): Section 13 (a). Be it further enacted by the authority aforesaid, That the Mayor and Council of said City shall have the power and authority, at any time in their discretion, to grade and pave any or all of the sidewalks in said City now or hereafter opened, laid out or constructed, and to provide for the kind and manner of such grading and paving and to carry into effect the power and authority herein granted, said Mayor and Council shall have full power and authority to assess the total actual cost of grading and paving any sidewalk against the real estate abutting thereon on the side of the street on which such sidewalk is improved and against the owner or owners of such real estate according to the foot frontage of such abutting property. The amount of the assessment against each parcel of real estate so assessed shall be a lien thereon superior to all other liens, except liens for taxes, from the date of the ordinance providing for such assessment; and said Mayor and Council shall have the power and authority to enforce the collection of any assessment so made by execution to be issued by the City Clerk against the real estate and against the owner thereof, for the amount so assessed, which execution shall be levied and the property advertised and sold in the same manner, and with the same effect, as tax executions are now levied, and property sold thereunder, by said City of College Park. Should any owner of any property upon which an execution is levied desire to contest the legality or amount of such execution, he may do so by filing with the levying officer an affidavit of illegality,

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stating therein the cause of the alleged illegality, and the amount, if any, admitted to be due, which amount, admitted to be due shall be paid to the levying officer before the affidavit shall be received by him, and said levying officer shall return said affidavit of illegality to the Superior Court of Fulton County, Georgia, to be tried and determined as in other cases of illegality, subject to the penalties for delay in such cases made and provided; and it shall be the duty of the Judges of said court to give preference, in the matter of the time of trial, to such case. Said Mayor and Council shall have the power, in their discretion, to grant a stay of execution for any assessment made under this section of this Act, for such time or times as they may see fit and collect interest on same at the rate of seven per cent. per annum. Sidewalks. Assessment of cost on realty abutting. Lien of assessment. Illegality of execution. Section 13 (b). Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the right and power to make the improvements provided for in section thirteen (a) of this Act, by and through its own employees, or enter into a contract or contracts for said improvements with any person firm or corporation, and in payment thereof, may assign and transfer to such person, firm or corporation bills or executions covering assessments made against the abutting property and the owners thereof for said improvements; Provided, however, That any person owning property abutting on any sidewalk which the Mayor and Council may by ordinance provide for grading and paving, shall have the option of making said improvements on that portion of the sidewalk on which his property abuts; and when the Mayor and Council shall be ordinance provide for the grading and paving of any sidewalk, notice shall be given the owners of the property abutting on such sidewalk by mailing to each property owner written notice of the passage of such ordinance, and the substantial requirements thereof, and of his option to make the improvements as, and within the time, provided thereby and by this section of this Act; said notice to be mailed to each property

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owner at his last post office address appearing on the tax digest of the City. In the event any person shall desire to grade and pave that portion of the sidewalk on which his property abuts, he shall apply to the Clerk of said City for the proper grade of said sidewalk, and the plans and specifications of the work, and shall actually commence work thereon within thirty days from the mailing of the notice herein provided for, and shall have the same actually completed in accordance with the grade, plan and specifications furnished within sixty days from the mailing of said notice; and in the event any property owner fails to apply for the grade and plan and specifications within said thirty days, or after obtaining same, fails to commence work on said sidewalk within thirty days from the date of the mailing of said notice, as aforesaid, the City shall have the right to so do the work and charge the entire expense thereof to the property owner, and collect the same by assessmnt, levy and sale as in section thirteen (a) of this Act provided. And in the event any property owner shall commence work on said sidewalk within the time prescribed and shall not have the same actually completed in accordance with the grade, plan and specifications furnished as aforesaid, within sixty days from the date of the mailing of said notice, the City may either complete the same, or may remove any and all material placed upon the sidewalk by the property owner and do the work as though the property owner had not attempted to perform the same; and in either event, charge the expense thereof to the property owner, and assess, levy and collect the same as aforesaid. The Mayor and Council shall have the right and power, by penal ordinance, to regulate the doing of such work by the property owner, by providing for signals for the protection of pedestrians and others travelling on and along the sidewalk being improved and the street adjacent thereto, and by otherwise providing for the supervision of such work and the manner of the conduct thereof. Sidewalk improvements by owners of property. Application. Regulation.

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Section 13 (c). Be it further enacted by the authority aforesaid, That no sidewalk shall be graded and paved and no assessment shall be made therefor under the authority, power and provisions of section thirteen (a) and (b) of this Act, unless the persons owning real estate having at least two-thirds of the foot frontage on the street, or on the side of the street, or on the portion thereof, to be so improved, shall in writing, request the Mayor and Council to make such improvement; when said Mayor and Council may provide by ordinance therefor, after notice to the property owners whose property abuts on the street or side of the street or portion thereof, to be so improved, and opportunity afforded to such property owners for a hearing before the Mayor and Council on the question of the necessity of such improvement and the reasonableness of the cost thereof; such notice and hearing to be provided by ordinance of the Mayor and Council. No request for such improvement, however, shall be granted for less than one side of an entire block; but nothing herein provided shall prevent the Mayor and Council, in the absence of such request, to permit any property owner to pave, at his own expense, the sidewalk or sidewalks on which his property abuts, with such paving material and at such grade and in such manner as said Mayor and Council may designate and determine. This section and the two preceding sections of this Act shall relate to the paving of sidewalks, without grading, where grading is not necessary in the laying or constructing of sidewalk pavement. Request by owners of property for sidewalk improvements. Sec. 7. Be it further enacted by the authority aforesaid, That it shall be the duty of every person, firm or corporation, owning real or personal property in the City of College Park, subject to taxation, to make returns thereof to the City Clerk of said City on or before the 1st day of April in each year. All property in said City shall be returned as of date January first, and the owner of such property, or his agent, or legal representative, shall, on or before the date first above mentioned, in each year, return

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the same for taxation. All such property shall be returned at its fair market value, on a form prescribed by the Mayor and Council of said City, under the oath of the owner, his agent, or person making such return. Any person, firm, or corporation failing to make return of his or their property, as above provided, shall be subject to such penalty as may be prescribed by ordinance. All ad valorem taxes due said City for any particular year shall mature on the 15th day of October, subject to such discount for earlier payment as may have been provided by ordinance for the particular year in accordance with the charter of said City. Tax returns. Taxes, when due. Sec. 8. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of College Park are hereby authorized, at their option, to elect three freeholders, residing in said City, to be known as the Board of Tax Assessors of said City, whose duty it shall be to value and assess all property, real and personal, within said city, subject to taxation, whether the same, or any part thereof, be returned for taxation or not. Said Board shall be elected by the Mayor and Council of said City at the first meeting in January of each year, or at any regular meeting thereafter (including the present year), who shall hold office for the balance of the calendar year, and until their successors shall be elected and qualified, and who shall be paid such compensation as may be fixed by the Mayor and Council. Said Board shall meet as prescribed by ordinance, and at such other times as the Board itself may fix, for the purpose of valuing and assessing, at its fair market value, all property, real and personal, subject to taxation in said City, whether the same, or any part thereof, be returned for taxation or not; of which report or return shall be made by said Board to the Mayor and Council. In the event the valuation of property returned for taxation shall be raised or increased by said Board in making its assessment thereon, due notice thereof shall be given, in writing, by said Board or its authority, to the owner of such property, his agent or legal representative, in such

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manner as the Mayor and Council may by ordinance prescribe, and of the time and place when and where said Board will pass upon and finally fix such assessment, reasonable time, as may be fixed by ordinance, being given said owner, his agent or legal representative, in order that he or they may have an opportunity of being heard by said Board upon the question of said valuation and assessment. Like notice and action shall be given and taken by said Board as to property not returned for taxation by the owner, his agent or legal representative, but which is subject to taxation by said City. From the action of said Board of Assessors, either with respect to returned or unreturned property subject to taxation, an appeal shall be to the Mayor and Council of said City, whose decision thereon shall be final. Tax-assessors. Assessments. Sec. 9. Be it further enacted by the authority aforesaid, That any and all of the members of said Board of Tax Assessors shall be removable at the will of the Mayor and Council at any time. Vacancies caused by such removal, or by death, resignation or otherwise, shall be filled by the Mayor and Council. Said Board shall have power to appoint a chairman from its members and also a Clerk from its members, which clerk shall keep a record of the acts and doings of said Board. Removal; vacancy, how filled. Sec. 10. Be it further enacted by the authority aforesaid, That so long as, or when at any time, the Mayor and Council see fit to operate without a Board of Tax Assessors as hereinabove provided, it the said Mayor and Council shall act in the capacity of a Board of Tax Assessors, with the powers and subject to the provisions hereinafter set forth. In such event, it shall be the duty of the Mayor and Council to value and assess all property, real and personal, within said City, subject to taxation, whether same, or any part thereof has been returned for taxation or not. In the event the valuation of property returned for taxation shall be raised or increased by said Mayor and Council in making its assessment thereon, due notice shall be given, in writing,

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by the city clerk, to the owner thereof, his agent or legal representative, in such manner as the Mayor and Council may by ordinance prescribe, of such assessment and of the time and place when and where said Mayor and Council will pass upon and finally fix such assessment; reasonable time, as may be fixed by ordinance, being given said owner, his agent or legal representative, in order that said owner, his agent or legal representative, may have an opportunity of being heard by said Mayor and Council upon the question of said valuation and assessment. Like notice and action shall be given and taken by said Mayor and Council as to property not returnable for taxation by the owner, his agent or legal representative, but which is subject to taxation by said city. The valuation and assessment by said Mayor and Council, upon and after such hearing, shall be final. Mayor and council may assess for taxes. Valuations. Notice. Sec. 11. Be it further enacted by the authority aforesaid, That the Mayor and Council of said City is hereby vested with power to prescribe by ordinance, not inconsistent herewith, rules and regulations necessary to carry into effect the intent and purposes of this ACt with reference to the valuation and assessment of property subject to taxation in said City. The Mayor and Council shall provide by ordinance for due and proper notice to the owner, his agent or legal representative, in case the valuation of his property, or any part thereof, shall have been raised or increased by said Board of Tax Assessors, or by the Mayor and Council, as the case may be; or in the case of the valuation and assessment of unreturned property by said Board, or by Mayor and Council, as the case may be, in order that such owner, his agent or legal representative may have a hearing thereon before said Board, or before the Mayor and Council, as the case may be; and should such owner, his agent, or legal representative be dissatisfied with the valuation and assessment of his property, after being heard thereon by said Board, to provide details for appeal by such owner, his agent or legal representative, from the valuation and

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assessment of said Board to the Mayor and Council of said City, and for the hearing and determination of such appeal. Ordinance to carry this act into effect. Sec. 12. Be it further enacted by the authority aforesaid, That section 1 of the Act of the General Assembly, amending the said Acts incorporating the City of Manchester, approved August 10, 1920, and relating to the election of the members of the Board of Education of the City of College Park (Georgia Laws, Page 1189) be, and the same is hereby repealed. Act of 1920, sec. 1. repealed. Sec. 13. Be it further enacted by the authority aforesaid, That section 3 of the Act of the General Aassembly amending the aforesaid Acts incorporating the City of Manchester, approved August 14, 1908 (Georgia Laws, pages 557 and 558), providing for the election of the members of the Board of Education of said city, be and the same is hereby repealed, and the following section substituted in lieu thereof as section 3 of said Act, to-wit: Act of 1908, sec. 3. repealed. Section 3. That a Board of Education for said city is hereby created and the same shall consist of the mayor of said City of College Park, who shall be ex-officio a member of said Board, and of five members, who shall be citizens of said city, and who are freeholders, to be elected at the general election for mayor and council to be held in said city on the first Monday in December, 1922, in the same manner in which the mayor and councilmen of said city are elected; two of said members of said Board shall be elected at said time from the city at large, and their terms of office shall begin on the first day of January, A. D., 1923, and shall continue for three years, and until their successors are elected and qualified; three members of said Board shall be elected at said time, whose term of office shall begin on the first day of January, 1923, the election of said three members to be as follows: One member of said board shall be elected from the First Ward in said city and shall be a resident of said ward, for a term of one year; one member of said Board

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shall be elected from the Second Ward in said city, and shall be a resident of said ward, for a term of two years; and one member of said Board shall be elected from the Third Ward in said city, and shall be a resident of said ward, for a term of three years; that on the first Monday in December of each and any year thereafter in which any of the terms of office of any of the members of said Board, elected as herein provided, shall expire, there shall be held an election, as herein provided, for a successor or successors in office to the member or members of said Board whose term of office will expire, under the provisions of this Act on December 31st, of said year. The term of office of the members of said Board, after the expiration of the terms just provided for, shall be three years, and until their successors are elected and qualified, and one of said members shall be elected for said term for the First Ward, and shall be a resident thereof, and one of said members shall be elected from the Second Ward, for said term, and shall be a resident thereof, and one of said members shall be elected for said term from the Third Ward, and shall be a resident thereof. Said Board shall elect from their own members a President, Vice-President, and a Secretary and Treasurer. No member of the Board shall recieve any compensation for his service, except the Secretary and Treasurer, who shall receive such compensation as the Board may prescribe. No member of said Board shall hold the office of Councilman of said city, and the election of any member of the Board to such office shall immediately work a forfeiture of his office as a member of said Board. Any vacancy in said Board caused by the death, resignation, removal, or otherwise than by the expiration of the term of office of a member shall be filled by said Board until the next regular election for such member or members, all elections for the members of said Board of Education shall be by the qualified voters of said city as herein provided for, and shall be held under the same rules and regulations and with the same qualifications as to electors, as are provided for in the election for mayor and councilmen of said city. The

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Board of Education of said city, as at present constituted shall continue in office and be authorized to perform all the duties which they are at present empowered and authorized to perform, until the first day of January, 1923. New sec. 3. Board of education; election, term of office, etc. No pay except to secretary. Vacancy in office. Sec. 14. Be it further enacted by the authority aforesaid, That sections twelve and thirteen of this Act, relating to the election of the members of the Board of Education of said city shall not become effective or operative unless and until the same are ratified by a majority of the qualified voters of said city voting in an election which shall be called for that purpose by the mayor and council of said city within fifteen days from the date of the passage of this Act, and which election shall be held not later than sixty days from the passage of the ordinance of the mayor and council of said city calling said election. Notice of which election shall be given in the manner prescribed by the charter of said city and which shall be subject to the same rules and regulations governing elections for mayor and council of said city. Those in favor of the ratification of said sections shall cast ballots in said election having written or printed thereon the words For election of members of Board of Education by the people; those against the ratification of said sections shall cast ballots in said election having written or printed thereon the words; Against election of members of Board of Education by the people. In the event the result of said election is in favor of the ratification of said sections, they shall thereupon immediately become effective. Sec. 12 and 13 hereof subject to popular vote. Notice of election. Ballots. Sec. 15. Be it further enacted by the authority aforesaid, That in the event any portion of this Act shall hereafter be held to be invalid, for any reason, such invalidity shall not affect any other portion of this Act. Invalid part ineffective. Sec. 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1922.

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COLQUITT, CITY OF; LEVY OF EXECUTIONS. No. 331. An Act to amend an Act creating the City of Colquitt, approved August 7th, 1915, by adding a new section to be known as section 25. 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 an Act approved August 7th, 1915, in Acts 1915, page 534, No. 47, entitled: An Act to amend, consolidate and supercede the several Acts incorporating the City of Colquitt, in the County of Miller, and State of Georgia, and all amendments thereto; to create a new charter and municipal government for said corporation; to declare the rights and powers of same, and more fully define the powers and liabilities of said city; to extend the jurisdiction of the limits of the said city for specific purposes; to provide for a Mayor and Council of said city, and declare the manner and forms in which they shall be elected and qualified and to fix the qualifications, duties, powers, rights and liabilities of same; to fix the qualifications of voters in said city; provide a method of registration thereof and to provide the manner in which all municipal elections shall be held and the results determined; to create a board of tax assessors for said city, and to define their qualifications, methods of appointment, rights, powers and duties; to provide for the working, maintenance and extension of the streets, alleys, squares, parks, cemeteries and public buildings of said city; to authorize the Mayor and Council to construct, operate, control and extend the water works and sewerage system and the electric lighting system of said city, and to provide the manner of doing same; to establish a police court for said city, and define the duties, powers and jurisdiction of the same; to authorize the creation of the office of city recorder for said court; to provide for the assessment, levy and collection of an ad valorem tax on all property in the city, for supporting and maintaining schools; for paying the interest and principal on the debts

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of said city, and for other purposes; to authorize the taxing and licensing of all kinds of business, trades and professions and avocations and other things in said city; to provide for the issuance of bonds for the purpose of maintaining, constructing, improving, or extending the water works, electric lighting and sewerage systems of said city, for street improvement and for other purposes; to provide the manner in which bond elections shall be called and conducted; to provide the manner of collecting all debts or demands due the city; to provide that no valid existing ordinance, rule or regulation of the former corporation, nor any contract or right made or acquired under same shall be affected by this Act; to provide and regulate fire, sanitary and public protection; to define and prescribe the police powers and regulations of said city; to provide for all other matters necessary for the general welfare of said city; to repeal an Act of the General Assembly approved July 30, 1913, and for other purposes, is hereby amended by adding thereto another section to read as follows: Act of 1915 amended. When any execution in favor of the City of Colquitt issues against any person, firm, or corporation and the same has been levied the defendant in said execution may deny owing all or any part of said debt, or may attack the legality of said debt by filing with the levying officer an illegality setting forth his defense according to the same rules or practice as govern illegalities to mortgage executions in Superior Court and said levying officer shall return said fi. fa. together with said illegality and bond if any to the Justice Peace Court, 903rd District, G. M., Miller County, for trial at the next term after the same can be lawfully tried, except where the amount of the execution is more than fifty dollars ($50.00) principal. When the same shall be returnable to the City Court of Miller County, after the return of said execution, illegality and bond, the future procedure shall be the same as now regulated by law in each of said courts. Sec. 22 read. Illegalities.

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That all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved August 1, 1922. COLUMBUS, CITY OF; CONFIRMATION OF TITLE. No. 290. An Act to ratify and confirm a sale by the Commissioners of Commons of the City of Columbus to J. T. Cooper by deed dated October 6, 1910, of all of that tract of land designated in the Survey of Commons of the City of Columbus, Georgia, as Block Number 42, subject to the rights of way of the railroads which cross and are situated on said block, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That a deed, bearing date October 6, 1910, and recorded February 19, 1912, in Deed Book 9, Folio 326 in the office of the Clerk of the Superior Court of Muscogee County, Georgia, heretofore executed by the Commissioners of Commons of the City of Columbus to J. T. Cooper, by which said deed, said Commissioners of Commons of the City of Columbus, in consideration of the sum of ninety-five hundred dollars to them paid by J. T. Cooper, conveyed to said J. T. Cooper in fee simple Certain lots of land known and designated in the Survey of Commons of the City of Columbus, Georgia, as lots numbered one to sixteen inclusive, in block Number 42, each containing one-fourth () of an acre, more or less, subject to the rights of way of the Seaboard Airline Railway and the Southern Railway of fifteen (15) feet in width, be and the same is, hereby confirmed, and the Fee Simple title to said real estate is declared valid and binding in said named grantee and the present successors, heirs, assigns and devisees of said grantee. Conveyance of land in Commons of Columbus, confirmed; title declared. 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, 1922.

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COLUMBUS TERRITORIAL LIMITS; ELECTION TO EXTEND. No. 384. 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 amexed and in said city; to provide for declaring the result thereof; to provide for payment of indebtedness of town of City View and indebtedness of Trustees of Wynnton Academy; to provide for the qualified voters therein; to provide penalties for illegal voting, and for other purposes. Whereas, it is desired by the City of Columbus to extend the corporate limits so as to include the territory adjoining said city, lying within the following boundaries, to-wit: Starting at present city limits on east side of River Road, thence northerly along east side of the River Road to the dividing line between Lincoln Park and the Ford survey, thence east along said line to the west side of Hamilton Avenue, thence easterly across Hamilton Avenue to north side of Thirty-eighth Street, thence east along Thirty-eighth Street to the east side of Fourteenth Avenue, thence south along east side of Fourteenth Avenue to the south side of Talbotton Road, thence northeasterly along the south side of Talbotton Road to the north side of Twenty-seventh Street, which is the southern boundary of the Reviere Survey, thence easterly along the north side of said Twenty-seventh Street and in continuous straight line to west side of Lover's Lane. Thence southerly along the west side of Lover's Lane to the north line of the Coweta Reserve, thence east along the north line of the Coweta Reserve to its intersection with the road running between the Garrard estate and the property of Mrs. E. E. Yonge, thence in a straight line southeasterly to the southeast intersection of Hilton Avenue and the street running easterly along the northern boundary of Wildwood Circle survey, thence south along the east side of Hilton Avenue to the northwest corner of the residence property now owned by A. H. Bickerstaff,

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thence east along the north line of the property now owned by A. H. Bickerstaff to the west side of Preston Avenue, thence southerly along the west side of Preston Avenue to the Macon Road. Thence south in straiht line to the northwest corner of Block E in the Brooksville survey, thence in a continuous straight line to the south side of the Buena Vista Road, thence southwesterly in a line perpendicular to the Buena Vista Road to a point 500 feet from the south line of said road. Thence westerly parallel with said Buena Vista Road and at an equal distance of 500 feet therefrom to the first street running south from the Wynnton Road, west of the intersection of the Buena Vista Road and the Wynnton Road, thence southerly to the east side of Bay Street, thence southerly along the east side of Bay Street to the sounthern boundary of Mueler survey, thence in a straight line to the east side of Fourth Avenue as shown in map of Avendale survey, thence southerly along the east side of Fourth Avenue to a point 400 feet in a perpendicular line from the Glade Road, thence westerly parallel with the Glade Road and uniform distance of 400 feet therefrom to the present city limits on Tenth Avenue. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, as follows: Preamble. Additional territory described. Section 1. That the Commission of the City of Columbus be and they are hereby authorized to submit to the qualified voters of said city, at an election to be held as hereinafter provided upon a day named by the said Commission of the City of Columbus, the question of the extension of the limits of said city so as to include and embrace the aforesaid territory. Election. Sec. 2. The said election in the City of Columbus shall be held under the same rules and regulations governing general and special elections and at the same place as elections for officers of said city are held. Rules. Sec. 3. That the Ordinary of Muscogee County shall submit to the qualified voters residing within the territory hereinbefore described, the propriety of such extension by

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ordering an election to be held on the same day as said city election and providing for two voting places where the voters of said territory to be affected may vote. Said voting places to be designated by said Ordinary in such places as he may deem to be most convenient for the voters to be affected by this Act. He shall also appoint six freeholders residing in the proposed extension, three of whom shall manage each of the voting precincts so selected by the Ordinary, which managers shall be sworn by the Ordinary to manage said election. Voting places, etc. Sec. 4. At said election only qualified voters of said county who have continuously resided in the territory proposed to be annexed for at least three months next preceding the day of said election shall be permitted to vote. In the territory proposed to be annexed said voters shall vote at either one of the voting precincts designated by the Ordinary in said territory. Qualified voters. Sec. 5. No person shall be deemed a qualified voter whose name does not appear upon the list of registered voters of said county, prepared, purged and supplemented in the manner now provided by the law of this State governing general and special elections. Registration list. Sec. 6. The managers of said election shall before any person be permitted to deposit his ballot, enter the name of said voter and his address upon a list of voters together with the number of his ballot, which number shall also be entered upon the ballot. In other respects the list of voters, ballots and tally sheets shall be kept as in other elections. List of voters. Sec. 7. In cases of challenge of any voter or upon their own motion the said managers or either of them may require any voter to swear that he has resided within the territory where he offers to vote continuously for three months next preceding the date of said election and for this purpose said managers are hereby empowered to administer oaths. Challenging.

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Sec. 8. The managers of said election shall count the ballots cast thereat and they shall at noon of the day following said election certify the result thereof to the Ordinary and shall deliver over to the Ordinary the ballot boxes, ballots, tally sheets and list of voters. Counting and delivery. Sec. 9. The elections herein provided to be held shall be held within not less than sixty and not more than one hundred and twenty days from the passage of this Act and thirty days previous notice of said election shall be published in a daily newspaper in said City of Columbus and in said notice the day of the election and the polling places in the proposed extension shall be mentioned and designated. Publication of said notice once a week for four weeks shall be deemed a compliance of the provisions of this section. Election, when held. Sec. 10. At said election those who favor annexing the territory hereinbefore described shall have plainly marked or printed on their tickets For annexation, and those who oppose said annexation shall have plainly marked or printed on their tickets Against annexation. Ballots. Sec. 11. The managers of the election held in the City of Columbus shall at noon of the day following said election certify to the Commission of the City of Columbus the result of said election in the city and the Mayor and Ordinary shall thereupon consolidate the total vote cast in said elections both inside the city and in the territory proposed to be annexed as hereinbefore provided, and if it shall appear that a majority of the total number of votes cast in said election (adding all votes cast inside and all votes cast outside the city together) favor annexation, then the Ordinary and Mayor shall make a joint proclamation of such results and thereupon the corporate limits of the City of Columbus shall be extended on January 1st, 1925, so as to include the territory within the boundaries hereinbefore described and said territory shall on January 1st, 1925, become a part of said City of Columbus and subject to all the laws and ordinances governing the same. Proclamation.

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Sec. 12. The qualified voters of said territory shall be entitled to vote at the first city election held after January 1st, 1924, and all subsequent elections in the City of Columbus. Voters in annexed territory. Sec. 13. It shall further be the duty of the Commission 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 annexed territory, except for scavenger fees, for a period of five years from January 1st, 1925. Said Commission 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 75 per cent. of such sums as may arise from taxation and otherwise, except scavenger fees, in said annexed territory. Separate accounts. Sec. 14. That the entire expense of the election herein provided to be called and held inside the city, as well as in the territory proposed to be annexed shall be borne and paid by the City of Columbus. Expense of election. Sec. 15. That should any person vote in said election who is not registered and qualified to vote or shall vote at more than one voting place or (in case of those voting in the proposed extensions) who has not continuously resided in the territory where he votes for at least three months next preceding the day of the election, shall be deemed guilty of illegal voting and upon conviction thereof shall be punished as prescribed in section 1065 of the Penal Code. Illegal voting. Penalty. Sec. 16. The City of Columbus, in case said election is carried and said territory annexed, shall, and by this Act, does assume the bonded indebtedness of the incorporated town of City View which amount shall not exceed the sum of $30,000.00 net and on January 1st, 1925, said City of Columbus shall by virtue of this Act and without any further writing or conveyance become vested with the title, ownership and control of all of the municipal assets and

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property of the town of City View and shall also become vested with the right to any tax fi. fas., claims for street improvements, sewers or sidewalks not collected by the town of City View on January 1st, 1925, and any uncollected executions for taxes or assessments whether due to City View or transferees shall be enforced by levy and sale by the marshal of the City of Columbus subject to redemption as any tax sales and any property owned by the town of City View for school purposes other public purposes shall be vested in the City of Columbus for like public purposes and uses. Bonded Indebtedness assumed. Sec. 17. That the City of Columbus, in case said election is carried and said territory annexed, shall, and by this Act, does assume the bonded indebtedness of the Trustees of Wynnton Academy which amounts to the sum of approximately $25,000.00 secured by a trust deed executed to Columbus Savings Bank, Trustee, recorded in Mortgage Book Y Y, Folio 217. And also shall assume any additional indebtedness incurred by said trustees for erection of school buildings and other improvements on said property prior to January 1st, 1925, provided, that the total indebtedness to be assumed by said city under this section shall not exceed one hundred thousand dollars. This provision of this Act shall not become effective and said city shall not be obligated to pay said bonded indebtedness until the trustees of Wynnton Academy shall have executed and delivered to said City of Columbus a deed conveying to it the premises described in said mortgage deed containing such provisions and conditions as may be agreed upon by said trustees and the City of Columbus. Indebtedness of Wynnton Academy. Sec. 18. In case the Ordinary of Muscogee County is for any reason disqualified or fails to act as herein provided, the Clerk of the Superior Court of Muscogee County may act in his stead and perform all the duties herein provided for the Ordinary to perform. Disqualification of Ordinary.

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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 11, 1922. COOLIDGE CHARTER AMENDED. No. 525. An Act to amend an Act incorporating the Town of Coolidge, in Thomas County, Georgia, approved December 10, 1901, and amended by an Act approved July 29, 1914, by reducing the corporate limits of the town, and by regulating the registration of voters therein and the time in which candidates for town offices shall make public announcement of their candidacy; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act section two of said Act of December 10, 1901, incorporating the Town of Coolidge, and section 2 of the said Act of 1914 be repealed and a new section substituted to read as follows: Act of 1901 amended. The corporate limits of said town shall extend one-half mile in every direction from the center of the intersection of Pine Street and Japonica Avenue as the same are now laid off and used in said town. Territorial limits. Sec. 2. Be it further enacted, That section five of said original Act of December 10, 1901, be also repealed in its entirety, and a section substituted in its place to read as follows: The treasurer of said town shall be ex-officio registrar in and for the said town; and, on the first Monday in October of every year, he shall open his books for the registration of voters, and shall keep such books open until six o'clock P. M., Eastern Time, on the tenth day next preceding the

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regular annual election held in and for said town, keeping said book open for said purpose at his office in said town every day, Sundays excepted, from nine o'clock A. M. to six o'clock P. M., Eastern Time, and he shall, during such time, register all persons, whether male or female, residing within the corporate limits of said town and entitled under the Constitution and laws of this State to vote for members of the General Assembly, who apply in person, but not by proxy, within the time herein prescribed and who will take and subscribe before such registrar the following oath, to-wit: Ex-officio registrar. `You do solemnly swear that you have attained the age of twenty-one years, or will have arrived at that age before the date of the next regular annual election to be held in and for this town; that you are a citizen of the United States; that you have resided in the State of Georgia for the past twelve months, and in the town of Coolidge for the past six months; that you have paid all State, county, and town taxes required of you by law or ordinance, including street and license taxes payable in and to said town, excepting only taxes for this year and as to which the prescribed time for payment has not expired; that you have never been convicted of larceny or of any felony; and that you are, to the best of your knowledge and belief, otherwise entitled to register and vote in said town. All of this you do solemnly swear to be true. So help you God.' Oath of voters. The said treasurer or registrar is hereby authorized to administer the said oath to any person so applying for such registration. Any person taking the said oath and swearing falsely as to any part thereof in so doing shall be guilty of the offense of false swearing, and, upon conviction thereof, shall be punished as for a misdemeanor, and be forever disfranchised from voting at any election, State, county, municipal, or other election held in any part of this State. Every person so registering shall give his address, including the street, block or other designation of his place of residence in said town, which matter shall be recorded

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along with his or her name in the book kept by the registrar for that purpose. Said registrar shall furnish the superintendent of election two copies of said list, alphabetically arranged, at or before the time opening the polls of every election held in and for said town. No candidate for any town office shall be eligible as superintendent or manager of any election therein, nor be considered or voted for as a candidate unless public announcement of his candidacy is made by him at least ten days before the election in which he is to be voted for, only duly registered voters shall be permitted to vote at any election held in and for said town; and the right of any registered person to vote may be challenged at the polls by any citizen of the town by making and filing with the election managers an affidavit naming the challenged voter and specifying the ground or grounds of disqualification, any person thus challenged may file with election manager his counter affidavit, and both of such persons may file such additional affidavits as they see fit in support of their respective contentions. The ballot of a voter thus challenged may be received, but shall not be counted until his right to vote is passed upon by the election managers. Upon considering such affidavits, the election managers or a majority of them, shall, before the counting of the ballots is started, determine whether or not the ballot of such challenged person shall be counted, and their decision in the matter shall be entered upon the first affidavit and be final, and all of such affidavits shall thereafter be returned and kept with the other election returns pertaining to the same election. False swearing. List of voters. Challenging. Approved August 19, 1922. CORDELE, NEW CHARTER FOR CITY OF No. 424. An Act to repeal the present charter of the City of Cordele; to provide a new charter for the City of Cordele; to define

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its limits; to provide for a commission form of government; a City Manager and other officers for the City of Cordele; to prescribe their powers and duties and their manner of 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 water works; to provide for a board of health and a hospital; to declare and define the police powers of said city; to establish a criminal court and define its jurisdiction and powers; to provide for the condemnation of private or public property for the use of said city, and to provide for a method of arriving at the value of such property and compensating the owners therefor; to establish and maintain a public school system; to maintain a public library; to provide for parks and play grounds; to establish a system of electric lights and gas lights and gas works, under restrictions as provided by law, whenever, in the judgment of the Commission of said city, such course may be deemed advisable; to issue bonds for any and all purposes under such restrictions as are provided by State laws; to provide for taxation; to provide for the granting of licenses for all kinds of businesses, trades, callings or professions; and to grant a charter to said city under the name and style of the City of Cordele, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act entitled an Act to incorporate the City of Cordele, approved August 21st, 1911, and all Acts amendatory thereof, be and the same are hereby consolidated into and superceded by this Act. Act of 1911 and amending Acts consolidated. Sec. 2. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That from and after January 1st, 1923, the City of Cordele, in the County of Crisp, is hereby incorporated. Its corporate limits shall embrace and include all the territory contained

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in the boundaries of lots of land numbers two hundred and fifteen (215), two hundred and sixteen (216), two hundred and seventeen (217), two hundred and thirty-two (232), two hundred and thirty-three (233), two hundred and thirty-four (234) and the west halves of lots of land numbers two hundred and forty-seven (247), two hundred and forty-eight (248) and two hundred and forty-nine (249) in the Tenth (10th) Land District of originally Dooly, now Crisp, County, Georgia. Territorial limits. Sec. 3. Be it further enacted, That said defined territory is incorporated under the name and style of the City of Cordele, and the City of Cordele is hereby chartered and given all the privileges and benefits conferred on cities by the Constitution and Laws of Georgia, and by said name is established, may sue and be sued, contract and be contracted with, use a common seal, and is invested with all the rights, powers, privileges, title, property, easements or hereditaments now belonging to or in anywise appertaining to the City of Cordele, or to the Mayor and City Council of Cordele, as heretofore incorporated, shall be and are hereby vested in the City of Cordele, and the said City of Cordele 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. General powers. Sec. 4. Be it further enacted, That the municipal government of the City of Cordele 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. The said Commission shall meet in regular session twice in each month and the time for holding of such meetings shall be fixed by the Commission. Each Commissioner shall receive as compensation for his services the sum of five dollars for attendance of

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each regular meeting of the Commission, and should a Commissioner fail to attend any regular meeting, or meetings, shall not receive any compensation for that meeting. The salary of the City Manager shall be fixed as hereinafter set out. Governing body. Sec. 5. Be it further enacted, That after the ratification of this Act by the qualified voters of said city, at an election to be held for that purpose at the time and in the manner hereinafter set out, there shall be elected on the first Thursday in December, 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 the first Wednesday in December in each year there shall be elected one Commission to fill the term of a 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. 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, insofar as said rules and regulations are applicable and are not in conflict with this Act. Commissioners. Election and terms. Sec. 6. Be it further enacted, That the managers of elections in said city shall take before some officer authorized to administer oaths, or to 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

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and illegal voting, without fear or favor, so help me God. That immediately after the polls are closed said managers shall count the ballots cast and after the ballots have been counted, the tally sheet 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 list 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 numbers 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. Election managers; oath. Certification. Tally sheets and lists of voters. 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 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. Proclamation. 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 the result of said election, the Clerk aforesaid shall destroy the ballots. Should any person, except under an order of a court of competent jurisdiction, for any cause whatever, inspect either the tally sheets, list of voters or ballots of said election after they have been filed with the Clerk of the City aforesaid, he shall be liable to fine or imprisonment, or both, in the discretion of the criminal court of said city. Illegal inspection of lists, etc. Penalty.

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Sec. 9. On the first Monday in January, 1923, the five Commissioners, elected as hereinbefore provided, shall organize by drawing lots for the term each shall serve, after which 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 Cordele 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. Commissioners; oath of office. Chairman and vice-chairman. Sec. 10. 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, and when 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. Vacancies. Sec. 11. 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. Powers. 1. To protect and advance the morals of the city. 2. To secure peace, good order and quiet in said city.

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3. To protect the health of said city, to prevent the spread of and to suppress infectious, contagious or dangerous diseases in said city. 4. To establish and maintain a pest house for the quarantine and treatment of such diseases, either in or outside of said city, and to pay for the necessary expense of the same. 5. To own and regulate cemeteries. 6. To prescribe fire limits and character of buildings to be erected therein, and for the repair or improvement of buildings therein already erected. 7. To regulate the character of buildings to be erected in said city, and to adopt and enforce building regulations, to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same. 8. To prevent or condemn encroachments or obstructions in, upon or over any sidewalk, street or alley and require the removal of such. 9. To elect three trustees for the management of the library of said city, who shall serve without compensation and to prescribe their duties. 10. To control and govern the market in said city. 11. To control and regulate any and all character of businesses, callings or professions in said city, to prescribe a license for each sub-division thereof, and enforce the collection of the same. 12. To establish, equip and maintain a fire department. 13. To have and exercise the powers of eminent domain so as to condemn and acquire private property, whether located in or out of said city, for public uses and purposes, or for the use and benefit of said city, or the light, water and sewerage department of said city, or the gas department thereof.

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14. To prescribe and regulate the fees and charges of hack lines, dray lines, taxi-cab lines, parcel delivery and transfer companies, and all other similar transfer companies operating within said city, and regulate the operation of the same. 15. To prescribe a license for and regulate shams, lectures, or public entertainments of any kind. 16. To define and prohibit nuisances, and to prescribe the mode of trying all charges of nuisances, and to abate the same. 17. To regulate or to prohibit butcher pens, slaughter houses, pig pens and the like. 18. To prohibit and suppress houses where illegal or immoral or disorderly practices are had. 19. To define and punish idling and loitering on the streets or elsewhere in the city. Idling. 20. To prohibit blind tigers in said City, or the having in said, or the keeping therein for unlawful sale, any spirituous, malt, vinous or intoxicating liquors or beverages. Liquors. 21. To provide and enforce regulations respecting plumbers, plumbing, drainage, sewerage or any matter of sanitation. Plumbing, etc. 22. To require connection with sewerage by property owners whose property abuts on streets and alleys having sewer mains therein. Sewerage. 23. To adopt and enforce any ordinances deemed necessary by the commission to the good order, good government, health, decency, police or morality of said city. Government. 24. To lay out and open new streets and alleys in said city. Streets. 25. To require the grading and paving of any sidewalk in said city, prescribe the character of material to be used, require payment for such grading and paving by the owner

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of the property abutting on such sidewalks, and in the event of failure or refusal, within such time as may be prescribed by ordinance, on the part of the owner of such property to so grade and pave the same and assess the cost thereof against the property of such abutting property, and enforce the collection of any assessment made to cover the cost thereof by the issue and levy of execution and the sale of said property to satisfy such execution in the same manner as provided for the enforcement of taxes. Sidewalks. 26. To provide by ordinance and require the paving of any street, lane or alley of said city, and prescribe the material to be used for that purpose, and for the grading of such street, lane or alley, and the manner in which the paving shall be laid, and to provide for the payment thereof, and to this end said municipality shall apportion the cost of such paving and grading in such manner and amount as may seem equable and just to said commission between said city and the abutting property owners on each side of such street lane or alley, and the proportion or amount of the cost for the paving and grading herein provided for, as may be assessed against the abutting property, may be collected by the issuance and levy of fi. fa. and the sale of property in the same manner as taxes are collected. Paving of streets. 27. To provide by ordinance for establishing the grade of the intersections of streets and alleys in said city as they now exist, or may be hereafter established, and to construct such intersections in accordance with such grade, and to provide for the paving of all intersections of streets and alleys, to prescribe the character of material to be used for such paving, the manner in which said paving shall be laid, and to apportion the cost of such paving and grading in such manner and amount as may seem equable and just to said commission between the city and the property owners in the several blocks adjacent to the intersections on such streets and alleys as are so graded and paved, and to collect the proportion or amount of the cost of so grading and paving the same, as may be assessed against said property

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owners and their said property, by the issuance and levy of fi. fas. and the sale of property in the same manner as provided for the collection of taxes. Grades of streets. Assessments. 28. The assessments above provided to be made for grading and paving sidewalks, streets, alleys, and street intersections, shall be made against all property abutting thereon, or situated in blocks adjacent to such intersections, whether owned by individuals, corporations, churches, or the County of Crisp, provided, however, that the enforcement of collection of the cost chargeable against Crisp County shall not be made by levy and sale of any property, but may be covered by a suit at law against said county. Property assessable. 29. Said city may provide by ordinance for the payment of these assessments in installments, and on such terms as may be prescribed. When payments are allowed in installments a lien shall arise and exist in favor of the city against the property of the persons, firms, or corporations owning the same 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 office of the city manager. Said debt and lien may be transferred by said city, and when transferred, the holders thereof shall be subrogated to and enjoy all the rights of said city, including the right to foreclose and enforce such liens. Payment of assessment. Sec. 12. Be it further enacted, That immediately after organization, or as soon thereafter as possible, said commission shall elect a city manager and fix his salary, not to exceed the sum of five thousand dollars annually. Said 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 qualifications. The city manager shall be the chief executive of the city and may be removed by the commission at any time, said city manager holding his office at the will of the commission. During any suspension, removal, or disability of said manager, the commission shall designate some properly

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qualified person to perform the duties of the office until a new manager is elected. The commission shall also elect a judge of the criminal court, a city attorney, a city physician and also fix salaries for same. The commission shall elect a board of health consisting of eight members, two being elected from each ward, their duties to be defined by the proper ordinances and the city physician shall be an ex-officio member of the board of health. City manager Salary. Removal. Attorney and other officers. Board of Health. 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 twenty-five thousand dollars, payable to the City of Cordele 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 the general funds. Said city manager shall take and prescribe the following oath: I,..... do solemnly swear that I will faithfully perform all of the duties as are incombent upon me as manager of the City of Cordele to the best of my ability, so help me God. Bonds of manager and of subordinates. Oath of office. Sec. 14. Be it further enacted, That the city manager may appoint all city officers as may be necessary for the proper administration of the affairs of the city. Appointees of city manager. (a) He may appoint a city clerk-treasurer of said city, (b) He may appoint a chief of police and other such members of the police force as will in his judgment be necessary, both regular and special.

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(c) He may appoint a chief of the fire department and such other members of the fire department as may in his judgment be necessary both regular and special. (d) He may appoint a street superintendent, and all other officers, subordinates and employees that in his judgment may be necessary for the proper administration of the city government. (e) He may appoint a sanitary inspector, and auditor and superintendent of waterworks. (f) It shall be his duty to enforce all ordinances, rules and regulations passed by the commission. Duty to enforce ordinances, etc. (g) He shall fix the salary of all employees of the city appointed by him and shall have the right to discharge or suspend any such employee of the city, when, in his judgment, the best interest of the city requires it, and from his actions in matters dealing with city employees there shall be neither an appeal to nor interference by the commission, except that any employee may submit in writing, under oath, a detailed statement of his grievances to the commission who will determine whether they will hear the complaint entered. Control of employes. (h) He shall be the purchasing agent for the city and shall buy supplies of every sort, kind and character used in the city's business. Purchases. (i) He shall make all contracts for city lights, street work, sewerage, sanitary work, gaslight, paving, or in any other needful thing to be done for or in behalf of the city. Contracts. (j) He 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. (k) He shall, when in his judgment it is necessary, employ a suitable engineer to make surveys, estimates, or lay out and construct any work or enterprise for the city.

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(l) He shall keep an office in the city hall and his office shall be open during business hours every day, except Sundays and legal holdiays, and shall employ in said city such force as may be necessary in his judgment to properly handle the business of the city. Office hours. Sec. 15. Be it further enacted, That any person who has resided in the City of Cordele six months and is a qualified voter under section 34 of the Code of Georgia of 1910, and who will have registered his name in the registration book hereinafter provided for, shall be a qualified voter in the City of Cordele. Voters qualified. Sec. 16. Be it further enacted, That immediately after this Act becomes effective, the clerk of said City of Cordele shall open a book to be designated as the Voters Book, for the City of Cordele, 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 in the City of Cordele for six months immediately preceding the date of this oath, or will have so resided on the..... day 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 posess the qualifications of electors required by the Constitutional amendment adopted in 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..... street in the City of Cordele; my age is..... years; my occupation is..... Voters' book. Oath of voter. Sec. 17. Be it further enacted, That the city clerk of Cordele shall always keep, said registration book open for signatures at his office at any time and all times when his office is open for the payment of taxes, or other business. The electors who are thus qualified and have signed the Voters Book shall not thereafter be required by the board

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of registras, 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 Cordele or any Deputy Clerk authorized 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 the said signature. Registration of voters. Sec. 18. Be it further enacted, any person desiring to register as a voter may apply to the clerk of the City of Cordele, 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 or entry of the voter's name, his number or place of residence, his age and occupation, shall be made by the officer in charge of said book. When the applicant is not 21 years of age at the date of taking the oath, a similar entry or memorandum shall be likewise made showing the date in that year when he shall have reached the age of 21 and when the applicant has not resided in the State one year or in the city six months at the date of taking said oath a similar entry or memorandum shall be made showing the date in that year when he shall have resided in the State one year and in the City of Cordele six months. Entries on voters' book. Sec. 19. Be it further enacted, That upon request of the applicant, the officer in charge of the voter's book shall read or repeat such oath before signing his name, and if applicant cannot sign his name said officer shall sign it for him, the applicant making his mark thereto. Signatures as are made in said voters book shall be prima facie evidence that the person so signing his name swears or affirms the truth

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of every material fact contained in said oath; also said written memorandum or entry preceding his signature. Sec. 20. Said clerk, or his deputy, shall not allow any person to sign his name in the voter's book unless he states at the time that all taxes due by said voter are paid. Sec. 21. Be it further enacted, That any contest of election shall be instituted before and be heard and determined by the Ordinary of Crisp County, who shall assess the cost of such hearing against the unsuccessful party to the cause. Contest of elections. Sec. 22. 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 a City Manager, 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 commission. Sec. 23. Be it further enacted, That said Commission may require the said City Manager to come before them at any time and answer questions either orally or in writing, and may require from said City Manager, at any time they see fit, written reports upon any matter involving the city that they deem proper, and said city manager shall make monthly reports to said commission of his general actions and doings and shall quarterly file full and complete reports of the various departments of the city, including a full financial statement. Reports by city manager. Sec. 24. Be it further enacted, That the Commission shall have power and authority to punish either by fine, censure or imprisonment, not exceeding five days, or expulsion from office, the chairman or any member of the Commission for neglect of duty, absence without satisfactory excuse from two or more successive meetings of the Commission, for disorderly conduct, at a regular meeting of the board, the

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chairman, or the chairman pro tem, if presiding, shall have authority to summon and require the attendance of all the Commissioners who are not providentially detained from such meetings, or who have not been previously excused from attendance, and to this end may issue warrants of arrest and cause any policeman of said city to execute the same and may adjourn said meeting from time to time until a quorum can be obtained. Punishment for absence or neglect. Sec. 25. Be it further enacted, That no Commissioner shall before going into office solicit votes for himself or others, or promise any person to appoint him to an office, or promise any person assistance in obtaining any office or agency or employment under the city. For a violation of this provision the said Commissioner shall be liable to be punished upon conviction as for a misdemeanor. The punishment to be defined by the Criminal Code of Georgia, section 1065. Promise or solicitation forbidden. Penalty. Sec. 26. 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 the laws of the State of Georgia, and to provide punishment for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, commons, and public squares of the city, and may provide against obstructious and nuisances thereupon. They may lay such drains and gutters therein as are necessary, and proper means for keeping the corporate limits of the city or the limits of its police jurisdiction free from garbage and filth of all kinds. They shall have the power to summarily abate all nuisances, whenever, in their judgment, such nuisances are injurious to the health, confort or convenience of the inhabitants of said city, either with or without complaint against nuisances. They may regulate the running of locomotives or cars, whether run by steam, electricity or other power. They may provide against obstructions in the street,

Page 696

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 inclean or unsightly. They may make such regulations as they may deem proper relative to the keeping, storage, or sale of gun powder and explosives, of inflammable oils, chemicals or powders in said city. They may prohibit the commission of nuisances in said city and provide punishment therefor. Sundry powers of commission. Sec. 27. Be it further enacted, That every male person between the ages of eighteen and fifty, 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 to do so, or to pay the street tax essessed in lieu thereof after having received due notice to do so, as said commission may require, shall be deemed guilty of a violation of this section, and, on conviction in the criminal court of said city, shall be fined any sum not exceeding twenty 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 for the purpose of enforcing this section. Street work or failure to pay tax. Penalty. Sec. 28. 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 herein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; employ guards and convict bosses and generally to provide for the control 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 such convicts as may be necessary to enforce proper obedience to the rules and regulations which may be

Page 697

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 provisions of this charter to the county authorities of Crisp County and shall have the right to make such charge against such 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. 29. 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 sale of creams, ices, etc; livery stables, feed stables, sales stables, and lots; hacks, drays, and other vehicles; auctioneers, vendor masters, itinerant trades, theatres, and theatrical performances; dummy or street railroad, oil mills, ice works, laundries, waterworks, shows, circuses and exhibitions of all kinds; itinerant lightning rod dealers; immigrant agents, book agents, peddlers of clocks, peddlers of stoves, machines or any articles of goods, wares, merchandise or other things; pool and bagatelle tables kept for public play; every keeper of shooting galleries, ten pen alleys; upon the keeper of any table device, stand or place for the performance of any game of play, whether played with sticks, balls or rings, or other contrivances; upon flying horses, or other contrivances, bicycles, velocipedes, skating rinks or bucket shops; 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; dealers in furniture; keepers of slaughter houses and beef markets, green grocers; dealers in fish and oysters; vegetables; fruits, breads, and any other articles of food; contractors and builders, and all mechanics or artists; barber shops, junk shops, pawnbrokers, and all and every other establishments, businesses, callings or trades, or avocations not heretofore mentioned and which,

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under the Constitution and laws of Georgia are subject to license or specific tax. License and regulation of occupations. Sec. 30. Be it further enacted, That the Commission of said city may demand payment of any and all kinds of licences 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 on 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 said city, shall be liable to prosecution in the criminal court of said city and may be fined in the sum double the amount of the tax or license fee required, or imprisoned in the common guardhouse 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 of license and specific taxes. Sec. 31. 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 licences 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 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 of any person who has once paid the amount of license required of them. Fiscal year for licenses. Sec. 32. 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, fine or forfeitures; for laying sewers or drains; for cleaning and repairing privies, or for abating nuisances and for any and all levies, assessments,

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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 or firm, against which or upon whom any such debt or demand is owing. Such execution shall be directed to all and singular the Marshal, Chief of Police, and policemen of the City of Cordele, who are authorized to levy the same against which it is issued, or upon the property of the person against whom such execution shall issue, and the same shall be sold by the Marshal or Chief of Police at public outcry under the laws for sheriff's sales to the highest bidder before the door of the council chamber, or at such place as the commission shall determine, notice of which place shall be stated in the advertisement of the sale of such property; if such property so levied upon shall be personal property, it shall be advertised by pasting notices in three public and conspicuous places in said city for ten days before the day of sale; if the property levied upon is real estate, he shall advertise the same once a week for four weeks in the newspaper wherein the sheriff's sales are advertised, or in some other newspaper published in the City of Cordele before selling the same; all sales as above provided shall be at public outcry to the highest bidder and for cash. Said Marshal or Chief of Police shall execute title to the purchaser and shall have the same power to place the purchaser in possession as the sheriffs of the State have. Executions to enforce collections. Sec. 33. Be it further enacted, That when any execution shall issue and be levied, as provided in the preceding section, claims of illegality may be interposed under the same rules and regulations as are now provided by law for claims of illegality under tax fi. fas. or other fi. fas. issuing from the various courts of this State. Such claims of illegality to be returned to and heard in the Superior Court of Crisp County or to the Justice Court of the 1451st District, G. M. of said County, according as to the jurisdiction thereof may be. Claims and affidavits of illegality.

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Sec. 34. 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 commissioners and should any vacancy occur in said board of assessors by death, resignation, removal or refuse to serve, such vacancy shall be immediately filled by said city manager. 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 Cordele and will make a just and true valuation of all property therein, subject to taxation according to the fair market value thereof, so help me God. Tax assessors. Oath of office. Sec. 35. Be it further enacted, That the City Tax Assessors may, during the progress of their investigations, hear such evidence as to the value of the property of said city as they may 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 the 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 shall be final. Said arbitrators shall be bona fide tax payers and voters of said City of Cordele and must render their decision within ten days after the naming by the board of assessors of its arbitrator; also a 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

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the discharge of their duties, which amount shall be taxed against the party losing in the arbitration, and in the event of a compromise by said arbitrators, said cost shall be taxed one half against each party. Assessment of property for taxation. Arbitration. Sec. 36. 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 for 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. Increase of tax returns. Sec. 37. Be it further enacted, That said commission shall have power and authority to levy and collect annually a tax not exceeding two per centum upon all and species of property, real or personal, or of any kind, within the limits of said city, including bonds, notes, debts, choses in action, money employed in banking and otherwise; but no tax shall be levied or collected except to pay existing debts of the city and interest that has or may accrue on the same, and such debts as may hereafter be created in corformity with the laws of said State, and the current expenses of the city government, and such other expenses of the city government as are herein referred to and allowed; provided, the incurring of bonded debts shall be authorized by a vote of the qualified voters of said city in the manner and form as now provided by law for issuing of bonds by cities in said State, and that money arising from licenses, street tax, fines, forfeitures, and cost in the criminal court shall be first applied to the payment of the current expenses of the city, and if there shall be a deficiency remaining, such deficiency shall be supplied by taxes raised as herein provided, but in no event to exceed..... one-hundredths of one per cent on the value of the property assessed and returned for taxation. The taxes levied and collected shall be applied as follows, or such proportion thereof as is necessary, to-wit: Tax ad valorem. Taxes applied.

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(a) For current expenses, thirty-five one-hundredths of one per cent on the value of the property assessed and returned for taxation. Current expenses. (b) For public schools one per cent on the value of the property assessed and returned for taxation. Schools. (c) For water, gas, electric lights and sewerage..... one-hundredths of one per cent on the value of the property assessed and returned for taxation. Utilities. (d) For bonded debts and interest..... one-hundredths of one per cent on the value of the property assessed and returned for taxation. Bonded debt. (e) For street improvement..... one-hundredths of one per cent of the value of the property assessed and returned for taxation. Streets. (f) For aid to poor, maintenance of hospitals and for the health department of said city..... one-hundredths of one per cent of the value of the property assessed and returned for taxation. Health and poor. (g) For the maintenance of a public library in said city,..... -..... one hundredths of one per cent on the value of the property assessed and returned for taxation. Library. (h) All funds collected shall be kept separate and be used only for the purpose for which they were levied and collected. Separate funds. Sec. 38. Be it further enacted, That all personal property shall be returned for taxation by the owners thereof or their agent or attorney to the clerk of said city at such time and in such manner as may be provided by ordinance. Return of personalty for tax. Sec. 39. Be it further enacted, That said City of Cordele shall have power and authority, under such rules and regulations as it may adopt, to own, manage, operate, improve and extend a system of sanitary sewerage in said city and a system of electric lights and gas lights, and a system of waterworks in said city. The said commission is invested

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with full power and authority to acquire, maintain, extend, improve, modify and operate systems of lights and water plants, including gas plants, now or hereafter to be owned and operated by said city; to establish, equip, maintain, modify and operate a system of sewers in said city, and to rent or purchase real estate and apparatus necessary to the proper conduct of electric lights, water and power system, and gas works, and hold the title to same; to receive and disburse all moneys that may arise from the sale of bonds or from any other source. Sewerage system. Sec. 40. Be it further enacted, That the City of Cordele is authorized to establish a court in said city to be known as the criminal court of Cordele. The clerk of said city shall be ex-officio clerk of said court and shall perform such duties as said commission shall direct. The marshall, chief of police and policemen of said city shall be officers of said court and shall execute all processes issuing from said court. Criminal court. Sec. 41. Be it further enacted, That the judge of said court shall be a person of good character and standing and well qualified, and being well versed in the law and legal procedure. Before entering on the duties of his office said judge shall take and prescribe an oath to faithfully and impartially discharge the duties of said office to the best of his skill and ability, agreeable to the ordinances of said city and the laws and the Constitution of this State and of the United States. Judge. Sec. 42. Be it further enacted, That the said criminal court shall have exclusive jurisdiction of all violations of the ordinance of the City of Cordele. And said court is empowered to bind over to the Superior Court of Crisp County any person charged with the violation of the laws of this State, or any person whom the evidence discloses is guilty of a violation of said laws. In all trials for the violation of any ordinance of the city, the criminal court of Cordele may compel the attendance of witness from any part of the State, and to this end have subponeas issued for witnesses and may punish witnesses failing and refusing to obey such

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subpoena as for contempt by imprisonment or work in the chain-gang not exceeding thirty days or fine not exceeding fifty dollars. And said court may also punish any other contempt committed against it or its processes by like sentence. Said criminal court shall have power and jurisdiction to try all offences against the ordinances of said city within the territorial limits of said city and upon conviction may punish said offenders by a fine of not more than three hundred dollars, by confinement in the chain-gang of said city for a term of not more than six months, or by confinement in the guardhouse or jail of said city for a term of not more than ninety days, either or all in the discretion of said criminal court judge. Jurisdiction. Sec. 43. Be it further enacted, That the terms of the criminal court of Cordele shall be held regularly on each Monday, but said court may convene at any time for the purpose of trying persons charged with the violation of any municipal ordinance, or as a commitment court for the purpose of binding over to the Superior Court of Crisp County persons charged with the violation of any penal law of this State. Terms of court. Sec. 44. be it further enacted, That trials in the criminal court of Cordele for the violation of any municipal ordinance may be had upon summons issued by the city clerk in the name of the judge of said court and a copy thereof delivered to the accused, or upon written information, or upon accusation by the police or any citizen, and the chief of police, or any policeman is hereby authorized and empowered to follow such accused person into any city or county of said State and arrest them. A failure without satisfactory excuse or a refusal to obey the summons or information so served, or to appear and stand trial shall be deemed and held to be a contempt of court. Trials. Contempts. Sec. 45. Be it further enacted, That when a copy of such summons of information is delivered to such person, he or she may be required to give bond in each case, not to exceed five hundred dollars, or deposit collaterals or money,

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not to exceed two hundred dollars, to secure his or her attendance at the trial, and when such bond is given as collateral, or money deposited, such person shall be discharged from custody. Bond or deposit for appearance. Sec. 46. Be it further enacted, That said commission shall have the power to prescribe the mode of taking bond and the mode of forfeiting said bond of persons charged with the violations of the ordinance of said city, and when the bond is forfeited, the city clerk shall have the authority, and it shall be his duty, to issue an execution instanter against the principal and surety on such bond and deliver the same to the chief of police who shall proceed to execute the same in the same manner as execution against tax defaulters, and the principal in such bond shall be immediately re-arrested and brought before the court for trial. Bond forfeitures. Sec. 47. Be it further enacted, That any person convicted in the criminal court of said city for the violation of any of the ordinance of by-laws, shall have the right of certiorari to the Superior Court of Crisp County, or he may have the right to appeal to the commission of said city if said commission shall see fit by ordinance to provide such appeal, otherwise certiorari aforesaid shall be the only remedy. In carrying cases from the criminal court of said city or from appeal to the Commission 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 said State from inferior court. Appeal or certiorari. Sec. 48. Be it further enacted, That if any person is arrested without such summons, information or accusation, as above provided, first being filed, the officer making the arrest shall immediately cause summons or information or accusation to be issued for the person so arrested and file and serve the same as provided by this Act. Arrests. Sec. 49. Be it further enacted, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he may be apprehended wherever he

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may be found in this State, and a warrant from the criminal court 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 the State and a warrant from the criminal court of said city shall be sufficient authority for his arrest and return. All persons escaping from the custody of the city may again be tried for such escape and punishment not exceeding penalties hereinbefore provided. Fugitives and escapes. Sec. 50. Be it further enacted, That the Commission of said city shall have power and authority to prevent, 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 impond any such animals and fowls and punish all owners of such animals and fowls who refuse to obey an ordinance passed by such commission carrying this authority in effect. Animals at large. Sec. 51. 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 of sale or disposition of impounded animals or fowls where no owner appears, or where the payment of impounding fees charged, penalties or cost is refused; to provide for the disposition 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. 52. Be it further enacted, That said Commission is authorized to create a board of health in and for said city and to clothe said board of health in and for said city with full power and authority in and about all matters of health and sanitation and vital statistics and power

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to regulate and control the same. If no board of health is created the city physician shall be vested with all the powers herein mentioned. Board of health. Sec. 53. Be it further enacted, That the City of Cordele shall have full and complete power and authority in and over all matters of sanitation of health; it shall have power and authority through said Commission, or by the board of health of said city, if one is created, or by the city physician, to compel the removal to the small pox hospital of any person or persons who shall have small pox in said city, who do not provide their premises with sufficient guards to completely quarrantine them, but even when the premises in which said person or persons who shall have small pox shall be sufficiently guarded, it shall still be in the power of the Commission of said city, in their discretion, under and by the advice of the board of health, or city physician, whenever it shall be deemed to the best interest of the city to remove said persons or person having small pox to the small pox hospital. The said Commission, or board of health of said city, shall also have the power and authority to establish and enforce compulsory quarrantine of a citizen, or of a person or persons living in or being in said city, should there be an epidemic of scarlet fever, diphtheria, or any other contageous or infectious diseases. The said Commission shall have power and authority to declare by resolution that vaccination shall be compulsory on all persons living or being in said city, when in their discretion such vaccination shall appear to be necessary or expedient to the interest of the health of the city, and shall provide in said resolution the time within which all persons living or being in said city shall be vaccinated, and any person failing to be vaccinated within the time required in said resolution or who shall refuse to submit to vaccination, shall, upon conviction, be punished for the offence by fine of not more than one hundred dollars, or imprisonment in said city prison for not more than thirty days, or to work in the chain-gang on the streets of said city not more than thirty days, any one or all, within the discretion of the court. And

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it is hereby made the duty of the health officers of the city of Cordele to vaccinate at the expense of the city, and free of charge to the persons, or any person or persons residing or being in the city, in the judgment of the commission of said city, are unable from poverty to pay the expense of such vaccination. Health and sanitary powers. Sec. 54. Be it further enacted, That said Commission of said city shall have power and authority to quarantine any animal having glanders, or other infectious or contageous diseases, found in said city, in order to prevent the spread of such diseases and shall have power and authority to have such animals killed and shall only be liable to the owner thereof for the actual cash value of such animal or animals at the time of such killing. Diseased animals. Sec. 55. Be it further enacted, That said Commission shall have exclusive jurisdiction over all cemeteries belonging to said city. The city manager may oppoint such employees to superintend and care for the same as he may deem proper. The Commission may take out such appropriations of the city treasurer as to them may deem proper for the care and supervision of the same. They may enact ordinances and provide penalties for the purpose of preventing tresspass thereon. They may regulate and charge for grave digging, lease fees and any and everything pertaining to the care and operation of said cemeteries. They may charge such fees for burial as they may deem proper and enforce the collection of such fees, and these provisions may relate to cemeteries located within or without the limits of said city. Cemeteries. Sec. 56. Be it enacted, That said Commission shall have the right to exercise supervision over all buildings within the corporate limits within said city; and, whenever in their judgment, any structure or building is dangerous to life or health of citizens, on proper case made in terms of 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

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event the said owner or tenent in possession fails or refuses to abate such nuisance in a reasonable time, such time to be determined by the Commission, then said Commission may cause the same to be done and issue execution against said premises for the cost of abating such nuisance. Said Commission 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. Buildings. Condemnation as nuisance. Sec. 57. Be it further enacted, That said Commission of said city shall have the power and authority to open, layout, widen, straighten, or otherwise change the streets, alleys or lanes of said city, and shall have the power to lay off, vacate, close up, open, curb or pave the roads, streets, bridges, alleys, sidewalks, cross drains, crosswalks, drains or gutters for the use of the public or the use of any citizen of said city; to grant right of ways to railroads, streets, bridges, alleys, crosswalks, drains or gutters for the use of the public or the use of the laying of wires of lines through the streets and alleys of said city, upon such terms and conditions and restrictions as said Commissioners may prescribe. Whenever said Commission in the exercise of their authority conferred herein to open, layout, straighten or otherwise change the streets or alleys of said city, shall find it necessary to take private property for such purpose and cannot agree with the owner or owners thereof; they may take such private property upon the same terms and conditions as provided for in the general laws of this State, with reference to the condemnation of private property for public use, contained in Article 1, Chapter 9, of the Code of Georgia of 1910, beginning with sections 5206 and embracing all sections following the same having reference to the condemnation of private property for public uses. Streets; general powers. Condemnation of property. Sec. 58. Be it further enacted, That said Commission shall have power and authority, upon recommendation of the board of health, to cause the owners of lots of parcels of land in the city to drain the same or to drain any pond or

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pool of water therein; also to compel the owner or owners of cellars, or wells, occasionally holding water, to cause the same to be emptied of water, or filled up, if necessary, and in case the owners of such parcels or lots of land, or cellars or wells, should 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 marshall or chief of police shall pass the title to said property as completely to the purchaser as a sale under judgment from the Superior Court of this State. Drainage. Sec. 59. 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 diseases in said city. Quarantine. Sec. 60. Be it further enacted, That said Commission shall have power and authority to compel the owners of property, their tenants or lessees to grade, pave, and otherwise to keep in good order and condition, as said commission 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 the owner or against said property. Sidewalks; liability of owners of property. Sec. 61. 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

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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, fireman and other officers, or workers in said department, and may remove and discharge any officer or other employee in said department whenever, in his judgment, it is proper to do so. Fire department. Sec. 62. 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 in being erected in said fire district, contrary to the ordinance 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 change the material as to make it comply with the ordinances for such cases provided. Should any owner fail or refuse to comply with such order, they may summarily have same removed and execution shall issue against such owner for expenses so incurred by the city. The owner or person in charge of such structure, and so refusing to comply with the order of the commission, may be punished for the violation of same in the criminal court, under the ordinances of the city. Fire, control powers relative to. Sec. 63. Be it further enacted, That said Commission shall have power to provide for the erection and maintenance in said city gas works, electric light works and waterworks, and to that end may grant the individual or corporation 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 individual or corporation erecting gas, electric light and waterworks

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plants for the furnishing of said city with lights and water and may pay such amount 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 owners of such works and shall have exclusive jurisdiction over them. Whenever said commission shall contract for water and light for the use of the city, they may by ordinance limit the rate to individual consumers; they may regulate the operation of light or waterworks and impose upon the owners such duties, obligations and liabilities as they may deem just and reasonable for the protection of the citizens of the city and the municipal government. Gas, electric and waterworks. Sec. 64. Be it further enacted, That said Commission shall have full power and authority to require the owner of any improved property, his agent or tenant in possession to provide suitable privies or water closets accomodation upon such premises to be located at such places on said premises as said commission shall by ordinance prescribe. Water closets. Sec. 65. Be it further enacted, That said Commission shall have power and authority by resolution or ordinance to provide suitable regulations on the subject of drainage, sewerage and plumbing, and all and everything else that may be necessary for the improvement 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 sewerage; locate, establish and maintain dumping grounds for garbage or other refuse, and convey such sewerage and drain such dumping grounds by ditching, 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 of land lying either within or without the corporate limits of said city. In the event of their failure to agree with the owner, or owners of land suitable, necessary, proper or expedient for the aforesaid purposes, they or a majojrity of them may

Page 713

by resolution declare the necessity, propriety or expendiency of requiring such land or lands and describing the lands sought to be acquired, condemn such land or lands lying within the limits of said city and proceed to acquire the same together with such other lands or easements thereon as may be necessary or proper for the purpose of securing ingress or egress from such sewers, sewage plants, dumping grounds, ditches and streams by the method provided in Section 5206 to 5246 inclusive of the Code of Georgia of 1910. The action of the commission declaring the necessity, propriety or expediency of acquiring such lands for any purpose or purposes in this section enumerated, shall be fined and the correctness of their judgment in that particular shall never be called in question in any court of this State. Drainage and sanitary regulations. Condemnation of lands. Sec. 66. Be it further enacted, That said Commission 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 of this State, and of such denomination and in such amounts as they see fit; said bonds not to bear interest in excess of five per cent. per annum and not to run for a period of longer than thirty years from the date of issue, but may bear a less rate of interest and run for a shorter period of time from their date of issue in the discretion of the commission. 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 lights, either gas or electric, or both, a system of public schools, paving or macadamizing streets, erection of necessary public buildings and adequate fire department, a hospital and drainage. Said bonds shall be signed by the chairman of the Commission and countersigned by the clerk under the corporate seal of the City of Cordele and shall be negotiated in the same manner as the commission 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 purposes until the same shall have been submitted to the qualified voters of said city at an election

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held for that purpose, under and in conformity with the general laws of this State governing the issuance of bonds by a municipal corporation. Bond issues. Purposes of bonds. Sc. 67. Be it further enacted, That said Commission of said city shall have power and authority to order elections at various times to determine the issuing of bonds in accordance with the rules governing general elections in said city at such time or times as said Commission may deem proper for the purpose of issuing bonds in accordance for public improvements as set out and designated in section 66 of this Act. And said Commission shall provide how the public debt of said city may be paid and shall constitute a sinking fund for that purpose. Bond issue elections. Sec. 68. Be it further enacted, That said Commission 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. Such library shall be managed and controlled by a board of trustees, consisting of three, to be selected by said Commission of said city and said trustees shall be citizens of said city. The trustees shall be elected for a term of one year and shall be elected by said Commission at its first meeting in January, 1923. Said Commission shall pass suitable ordinances for the purpose of carrying out the intention of this section. Public library. Sec. 69. Be it further enacted, That said Commission shall have full power and authority to acquire on behalf of the City of Cordele by gift, purchase or otherwise, grounds suitable for such park or parks as in their judgment may be to the best interest and wellfare of the citizens of said city. The City Manager shall have power and authority to improve and keep the same and to that end may appoint such officers and employees, as, in his judgment, may be necessary, and compensate them therefor. The City Manager shall have the right to draw on the general expense fund of said city for said expense or upon any other fund, not otherwise appropriated according to law. Parks.

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Sec. 70. Be it further enacted, That the present Board of Trustees of the schools of the City of Cordele shall terminate on January 1st, 1923, and shall be elected by the Commission for a period of one, two, three, four and five years respectively. The members of said Board of Trustees shall be citizens of Cordele, twenty-one years of age, and of good moral character; provided, that neither member of the Commission of said city shall be eligible to membership on said board. School trustees. Sec. 71. Be it enacted, That said Board of Trustees shall be known as the Board of Education of said city, and said Board of Education shall have power and authority to design adopt and establish the system of public schools for said city and to modify and enlarge a system of public schools for the city from time to time; to employ a superintendent and teachers and fix their compensation; to suspend or remove such superintendent or teachers; to rent, erect or purchase buildings for school purposes; to purchase building sites, the title to all school property to be and remain in the City of Cordele; to prescribe the terms upon which students are to be received in said schools; to make rules and regulations for the government of themselves and such schools, provided such rules and regulations are not in consistent with the Constitution and laws of this State. Said Board of Education shall establish and maintain schools for white and colored children in said city. Board of education. Sec. 72. Be it further enacted, That the officers of said Board of Education of the City of Cordele shall consist of a president, a vice-president and a secretary and treasurer. Said officers shall be elected in such manner and at such times as said board may determine, and said board shall prescribe the duties and compensation of its officers. Officers of board. Sec. 73. Be it enacted, That the Board of Education of Cordele shall determine what amount of money will be necessary to raise by taxation to defray the expense of said schools for the ensuing year, and shall lay the same before

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the Commission of said city, who shall be required to levy and collect the same, and the amount so levied and collected shall be paid over into the city treasury, subject to requisition of the Board of Education, to be used for the purpose for which it was levied and collected; provided, the levy for any one year does not exceed one per centum taxation on all real and personal property in the City of Cordele. Estimate for school tax. Sec. 74. Be it furthen enacted, That so long as public schools are maintained in the City of Cordele, the State School Superintendent is hereby authorized and required to pay over to the treasurer of the City of Cordele, for the use of said public schools, the proportion of the common school funds arising from any source belonging to the City of Cordele, to be by said city expended in the establishment and maintenance of said public schools, as authorized and directed by the Constitution and laws of this State. Proportion of school fund. Sec. 75. Be it further enacted, That said Commission of said city shall have power and authority to grade, pave, macadamize or otherwise improve the drainage and condition of the streets, side walks, squares, public roads or lanes and alleys in said city. In order to carry into effect the above the said Commission shall have power and authority to assess not more than two-thirds of the cost of paving, or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary on the real estate abutting on said street and sidewalks. Said Commission shall have the power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing side drains, crossing, or otherwise improving the roadway of 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 not pay more than two-thirds of the entire cost in the discretion of the Commission, and any street railway company, or other railroad company having tracks running through or across the streets of said city, shall be required to pave or macadamize

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or otherwise improve said street in such proportion as the Commission may prescribe. Said Commission shall have full power and authority to equalize by 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 pro-rating the cost thereof on the real estate according to its frontage on the street, or portion of the street so improved, or according to 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 a passage of the ordinance providing for the work and making the assessment. The Commissioners shall have power and authority to enforce the collection for the amount of any assessment so made for work either upon the streets or sidewalks by execution issued by the city clerk against the real estate improved and assessed for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or chief of police of said city on such real estate and after advertising as in other proceedings, as in cases of tax sales, the same shall be sold at public outcry to the highest bidder. Such sales shall vest absolute title in the purchaser. Said city marshal, or chief of police, shall have authority to eject occupant and put 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 which he admits to be due together with all costs which shall be paid before the affidavit shall be received and the affidavit shall be returned to the Superior Court of Crisp 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 Commission 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

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of having the space 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 or 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 of liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each instance. Said Commission 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 owners and railroad companies or other occupants of the streets or alleys of said city. Assessments for street improvements. Lien. Collection by execution. Affidavit of illegality. Lien as to railroads. Sec. 76. Be it further enacted, That all present officers of said city shall serve to the end of their respective terms or until their successors are elected and qualified, unless sooner removed in the manner provided by law. Present officers. Sec. 77. Be it further enacted, That said Commission shall have power and authority to employ and fix the compensation of a certified public accountant to audit the books of the said City Manager, together with the books and accounts of the secretary and treasurer of the Board of Education, and to make a complete audit of all the departments of the city government. Said audits shall be made annually, or at such times as the Commission may direct. Audits. Sec. 78. Be it further enacted, That all ordinances and resolutions of the City of Cordele, now of force, not in conflict with this Act, or the laws of this State, shall remain in full force and effect until amended or repealed by the commission of said city. Ordinances of force. Sec. 79. Be it further enacted, 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

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and Aldermen in the City of Cordele, and the Mayor and City Council of the City of Cordele shall, on the 4th day of October, 1922, 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 Aldermen in and for said city, and after first publishing notice of said election once a week for four weeks in the Cordele Dispatch, a newspaper published in said city, prior to said election. All persons qualified to vote under the rules and regulations governing elections for Mayor and Aldermen in and for said city, shall be entitled to vote in the election herein provided for and those voting and desiring to vote in the election herein provided for 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 result being by resolution of Mayor and City Council of said city spread upon the minutes, so declare, shall become operative and of full force and effect after January 1st, 1923, but if a majority of said voters shall not vote for said New Charter, then the same shall be void. Election to ratify this act. Ballots. Sec. 80. Be it further enacted, That all laws or parts of laws in conflict with this Act are hereby repealed; provided that all corporate powers heretofore granted this municipality are not repealed by this or any other Act, are hereby continued of full force and effect. Approved August 15, 1922. CORDELE WATER, LIGHT, AND BOND COMMISSION. ABOLISHED. No. 438. An Act to repeal an Act approved August 8th, 1921, entitled An Act to amend the Charter of the City of Cordele by

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providing for and creating a water and light Commission for said city. Said Commission to be clothed with full and exclusive power and authority as to the construction, operation and management and control of the waterworks system of said city; the sewerage system of said city and the lighting system of said city, including bonds belonging to, or arising from said department and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same. Section 1. That from and after the passage of this Act, an Act approved August 8th, 1921 and entitled An Act to amend the charter of the City of Cordele by providing for and creating a Water, Light and Bond Commission for said city, said Commission to be clothed with full and exclusive power and authority as to the construction, operation and management and control of the waterworks system of said city, the sewerage system of said city and the lighting system of said city, including bonds belonging to, or arising from said departments, and for other purposes be and the same is hereby repealed, leaving the provisions of the charter of the City of Cordele in all respects as they stood before the passage of the Act above referred to, with respect of the matters therein contained. Act of 1921 repealed. 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, are hereby expressly repealed. Approved August 15, 1922. CONVINGTON STREET IMPROVEMENTS. No. 445. An Act entitled an Act to amend the charter of the City of Covington, Georgia Laws 1918, Sections 10 and 16, pages

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635 and 638 respectively, and for other purposes: Section 1. Be it enacted by the General Assembly and it is hereby enacted by the authority of the same, the following words be added to section 10, page 635, Georgia Laws 1918, after the word treasury of the 11th line of said section the following: They be further vested with the right to exercise and control of all further vested with the right to exercise and control of all franchise rights within said corporate limits over all public utility corporations and charge for the use of said streets and alleys, and control the use of all poles, wires and other equipment so used. Act of 1918 amended. So that said section when so amended shall read as follows: Be it further enacted, That said Mayor and Council shall have the superintendence and control of the streets, side walks, bridges, and alleys and of the public square, parks and cemeteries of said city, and may prohibit or remove all obstructions of or encroachments thereon, or interfearance therewith. They are vested with the power to lay out new streets or alleys; to widen or straighten any of the streets or sidewalks or alleys of the city and to assess whatever damage any property holder may incur by reason of such widening or straightening, which damage shall be paid out of the city treasury. They be further vested with the right to exercise and control of franchise rights within said corporate limits over all public utility corporations and charge for the use of said streets and alleys, and control the use of said poles and wires and other equipment so used. Sec. 10 to be read. Control of franchises; charge for use of streets. If any such property holder is dissatisfied with the damage so assessed upon his or her complaint to the board, the question of such damages shall be referred to the arbitrament 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 said County of Newton 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; thereupon it shall

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be the duty of the Mayor and Council to transmit said statement to the next Superior Court of said County of Newton, where the question of damage shall be tried by a jury. Said Mayor and Council shall have the power and authority to pave or otherwise permanently 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 executions against the owner or owners of said abutting property, as city tax executions are issued, and to order and levy on and sale of said abutting property. That section 16 of the charter of said City, Georgia Laws, 1918, page 638, be amended as follows, by adding to the end of said section the following: That the Mayor of said City shall be clothed with the power of veto, it shall be his right to veto all ordinances, resolutions, permits and privileges passed or granted by said Council, if he sees fit to do so, and said veto shall in no wise be affected except by two thirds vote of Council, so that said section when amended shall read as follows: Be it further enacted, That said Mayor shall be the chief executive of said 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 said 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 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

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laws; he shall have authority to pardon all offenders convicted before the recorder's court; he shall have authority to temporarily suspend any city officer, reporting his actions and his reasons therefor to the next regular or called meeting of the Mayor and Council of the City of Covington, who shall hear all the facts of the case and by a majority vote may either discharge, suspend for a definite term or reinstate said officer. That the Mayor of said City shall be clothed with the power of veto; it shall be his right to veto all ordinances, resolutions, permits and privileges passed on or granted by said Council if he sees fit to do so, and said veto shall in no wise be affected except by a two-thirds vote of Council. Sec. 2. All laws and parts of laws in conflict with this Act is hereby repealed. Approved August 15, 1922. CRAWFORDVILLE MAYOR AND COUNCILMEN, ELECTIONS OF. 472. An Act to amend the City Charter of the City of Crawfordville as set forth in Georgia Laws 1894 pp. 147 ed. seq., and all amendatory Acts thereto, so as to provide for regulations under which candidates for the office of the Mayor and Council of the said City of Crawfordville, Georgia, shall enter the race for such offices; and to provide for the cost of printing tickets and holding such election; and to provide for an official ticket containing the names of all candidates for such offices, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the charter of the City of Crawfordville, Georgia, is hereby amended

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so as to provide that all candidates for Mayor and Councilmen for said city of Crawfordville, Georgia, shall at least fifteen days prior to the day set for the election of such officers, file their names as such candidates with the clerk of the city council of said city, and those who do not file their names as aforesaid shall not be eligible to hold such office. Act of 1874 amended. Candidates to file names. Sec. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city council of said city to publish a notice in the official newspaper of Taliafero County, Georgia, at least thirty days before the regular annual election, for such officers, which notice shall specify the date of the regular annual election aforesaid, together with the date on which the entries of such candidates for such offices as aforesaid shall be closed. Publication of notice. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the Mayor and Council of the City of Crawfordville to have printed for use in said election the names of all eligible candidates for such offices, and to bear all the cost incident to same. Names to be printed. 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, 1922. CREST CHARTER REPEALED. No. 407. An Act to repeal an Act approved August 13, 1912, entitled an Act to incorporate the Town of Crest in the County of Upson, State of Georgia. Said Act defined its corporate limits, provides for a municipal government conferring certain powers and privileges in the same and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of

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the same, That an Act to incorporate the Town of Crest in the County of Upson, State of Georgia, approved August 13th, 1912, be and the same is hereby repealed. Act of 1912 repealed. Sec. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws and all amendatory laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922. DANVILLE, NEW CHARTER FOR TOWN OF. 394. An Act to establish a new charter for the Town of Danville, in the Counties of Wilkinson and Twiggs; to provide for a Mayor and three Councilmen of said town; to prescribe the duties and powers of the Mayor and Councilmen, and their election and term of office; to declare and define police powers of said town, and to provide for all matters of municipal concern and cognizance; to provide for the continuance in office of the present Mayor and Councilmen until the expiration of their term; to provide for the succession of said town to all the property, rights, and liabilities of said town under the old charter; to provide for the passage by said Mayor and Councilmen of all ordinances necessary for the good government of said town, including the right to pass ordinances for the prohibiting of the keeping of certain named liquors in said town for any unlawful purpose; to pass ordinances allowing the Mayor or any Councilman to issue search warrants for the search for, seizure and destruction of any such liquors so kept, and for its seizure before the isuing of a warrant under special named circumstances; to provide for the levying of taxes; 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 from and after the passage

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of this Act, the municipal government of the Town of Danville, in the Counties of Wilkinsen and Twiggs, said State, shall consist of a Mayor and three Councilmen who are hereby constituted a body corporate under the name and style of The Mayor and Council of the Town of Danville, and by that name said corporation shall have perpetual succession, shall have a common seal and shall be capable in law and equity to purchase or to lease for the use of the town of Danville, any estate or estates, real or personal, within or without the jurisdictional limits of said town; and shall, by said name, be capable of suing or being sued in any court of competent jurisdiction; shall succeed to all property, rights and liabilities of the present corporation of the Town of Danville. Government. Corporate name. General powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall remain as now fixed by law, to-wit: One-half mile in all directions from the Macon, Dublin and Savannah railroad crossing, in front of L. N. Maxwell's store. Territorial limits. Sec. 3. Be it further enacted by the authority aforesaid, That, on the first Wednesday in September, 1922, and annually thereafter, there shall be an election for a Mayor and three Councilmen of said town, who shall hold office for one year from the date of their election, and until their successors are elected and qualified. At all such elections all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia, and who have been bona fide residents of said town for a period of sixty days immediately proceding the date of said election, and who, before registering, as hereinafter provided, have paid all State and County taxes required of them since the adoption of the Constitution of 1877, except for the year of registering, and who have paid all taxes, licenses and other legal claims of said town demanded by the proper authorities thereof, shall be entitled to vote. All such elections shall be held by a justice of the peace, resident in said town, or notary public ex-officio justice

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of the peace, resident in said town, and by two free holders thereof, or by three freeholders of said town; none of whom shall be a candidate in said election. The managers shall be appointed by the Mayor and Council of said town, and upon the failure of the Mayor and Council to appoint, said manager shall be appointed by the Ordinary of Wilkinson or Twiggs County. It shall be the duty of the managers to receive and count all votes cast. Each of said managers, before entering upon his duties, shall take and subscribe the following oath before some officer of Wilkinson or Twiggs County duly authorized to administer oaths: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager; that I will allow all persons to vote in this election whose names are on the list furnished me by the registrars of this town for this election; and that I will allow no one to vote in this election whose name does not appear on said list; and that I will correctly count and report the votes cast; so help me, God. Election of mayor and councilmen. Voters qualified. Holding of elections. Managers. Oath. Sec. 4. Be it further enacted by the authority aforesaid, That the polls at any municipal popular election for said town shall be opened at some convenient place in said town at ten o'clock A. M., and closed at three o'clock P. M. Polls. Sec. 5. Be it further enacted by the authority aforesaid, That the managers of said elections shall issue to the newly elected Mayor and Councilmen certificates of election, showing to what office each has been elected, and shall also certify the same facts to the acting Mayor and Council. The first named certificates shall be sufficient authority to the persons named in said certificates to enter upon the duties of the offices, respectively, to which each has been elected, upon taking by them of the oath hereinafter prescribed. The certificates sent to the acting Mayor and Council shall be entered upon their minutes. Said managrs shall also furnish one tally-sheet, certified as correct, to the acting Mayor and Council. The managers shall be paid out of the treasury of said town, one dollar each for their services in holding any such election. Certificates of election.

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Sec. 6. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen elected at any election shall, before entering upon their duties, take and subscribe the following oath: I do solemnly swear that I will faithfully discharge all of the duties devolving upon me as Mayor (or Councilman as the case may be) of the Town of Danville; so help me God. Said oath may be administered by any officer of Wilkinson or Twiggs County, authorized to administer oaths, and shall be entered upon the minutes of Council. Oath of office. Sec. 7. Be it further enacted by the authority aforesaid, That in the event of the death, resignation, removal from office, or removal without the limits of the Town of Danville of the Mayor of said town, the vacancy in the Mayor's office shall be filled by the council of said town, two affirmative votes being necessary to a choice. In the event of a like vacancy occurring in the board of councilmen, the vacancy shall be filled by the Mayor and Council, two votes being necessary to a choice, which must be the votes of two councilmen, or of one councilman and the Mayor when it becomes necessary for the Mayor to vote in case of a tie. At any such election all of those remaining in said governing body after the vacancy occurs, shall have a written notice of at least twenty-four hours of the time of holding such election. Said notice shall be given by any of said governing body or by the town clerk, when ordered to do so by any of said body. Said notice may be waived in writing by any one entitled to it, and shall be considered as waived by any one entitled thereto who is present at said election. In case there are not enough of said governing body left to fill vacancies, all vacancies shall be filled by the qualified voters of said town, voting as heretofore prescribed on the following first Wednesday on any month after the vacancies occur; provided, this day is not nearer than ten days after the occurrence of said vacancies, in which latter event the election shall occur on the first Wednesday of the following month. At any such special election, the voter's list for the preceding regular election shall be used, which may be revised by

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the registrars of said town by placing thereon the names of all those who may be entitled legally, to be placed there. Any person so elected in any way to fill out a vacancy in the governing body of said town shall fill out the unexpired term to which he is elected, holding office until his successor is elected and qualified, and shall take the same oath as prescribed in Section 6 of this Act. Vacancies in office, how filled. Sec. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of council to open a registration book, or books, for said town, fifty days before each regular election, for the registration of the qualified voters of said town, which book, or books, shall be kept open from nine o'clock A. M., to twelve o'clock M., and from one o'clock, P. M., of each and every day except Sundays, until twenty days before the date of the election, when said book, or books, shall fairly and absolutely close. It shall be the duty of said clerk, upon the application of any citizen in person, and not by proxy, to allow said applicant to register his name, age, occupation, and race (whether white or colored). Each person so registered shall do so by signing with his own hand or by his mark, the following oath: I do solemnly swear that I am a citizen of the United States; that I have resided in Georgia twelve months, in Wilkinson or Twiggs County (as the case may be) and in the Town of Danville sixty days immediately preceding the signing by me of this oath, or that by the date of said election I will have fulfilled these conditions if still a resident of said town, that it is my intention to remain a resident of said town until the date of said election; that I am twenty-one years old, or will be by the date of said election; that I have paid all State and County taxes required by me by the laws of Georgia since the adoption of the Constitution of 1877, except for this year; and that I have paid all taxes, licenses, and other claims due by me to said Town of Danville, which have been demanded of me by the authorities of said city; so help me God. Registration of voters. Oath of voter. Sec. 9. Be it further enacted by the authority aforesaid, That there shall be a board of registrars of said town, consisting

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of three freeholders of said town, who shall be appointed by the Mayor and Council of said town for a term to expire when the terms of the Mayor and Council appointing expire. The appointment of the registrars shall be done under the same rules and regulations, as to notice to the Mayor and Councilmen, votes necessary to a choice, and otherwise, as in the case of filling a vacancy on the board of councilmen. A vacancy occuring on said board, by any means whatever, shall be filled in like manner. Before entering upon the duties of office, each registrar shall take and subscribe the following oath before some officer of Wilkinson or Twiggs County (as the case may be) authorized to administer oaths and shall be entered upon the minutes of Council: I do solemnly swear that I will faithfully and impartially perform all of the duties devolving upon me, as a registrar of the Town of Danville; that I will not allow the name of any person to be placed upon the voters' list for any election of said town unless I am of the opinion that it is legally entitled to be placed there, and that I will not strike the name of any person from said list unless I am of the opinion that it has no legal right to be there, so help me God. It shall be the duty of the clerk of the Council to turn over to said board of registrars the registration book, or books, immediately after they are closed, or when they are called for by said board after they are closed. The registrars shall then proceed to purge said list of the names of all persons who are not legally entitled to vote, as prescribed in section 3 of this Act. The registrars, through one of their number, or through the town clerk, who is hereby made clerk ex-officio of said board, shall then give written notice to each of those whose names have been stricken from the list to appear before said board at some time and place in said town, selected by said board and named in said notice, said time not to be sooner than forty-eight hours after the service of said notice, to show cause why their names should not be stricken from the voter's list for said election. At the time and place aforesaid, said board shall proceed to hear those summoned to appear, give their reasons why their

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names should not be so stricken, the one appearing being first informed of the reason for his having been summoned. After hearing the evidence, which may or may not be under oath, as said board may direct, said board being hereby authorized to have said oath administered orally to the witness as in a court of law, said board shall decide by a majority vote whether or not the name of the one under consideration shall be placed upon the voter's list for the approaching election. The decision of the board shall be final. At the hearing provided for in this section the registrars may adjourn to some other place, if they so desire, for a continuance of the hearing. In this event they shall publicly announce the time and place of the adjourned meeting. They may hold these adjourned meetings as often as it may be necessary to finish the business. After completing their labors, said board shall make up a correct list of the names of those entitled to vote at said election, and shall certify same to the Mayor and Council over their signatures, or over the signatures of a majority. This list, without any alteration, shall be the list used by the election managers at the election for which it was prepared. The election managers must let all those vote whose names are on the list, and must refuse to let all those vote whose names are not on said list. For their work in preparing this list the registrars shall be paid from the treasury of said town such an amount as may be fixed by the Mayor and Councilmen, not to exceed five dollars each for the entire work at each election. Board of registrars. Appointment. Vacancy. Oath. Purging of list of voters. Notice and hearing. Evidence. Decision final. Certified list. Sec. 10. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have authority to pass all ordinances they may deem necessary or proper for the good government of said town, the protection of health, life, liberty, security and property of the inhabitants thereof, and shall have all of the rights, privileges, and powers incident to such corporation. General welfare powers Sec. 11. Be it further enacted by the authority aforesaid, That upon the passage of all ordinances, and upon all votes appropriating money from the treasury of said town, and at

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all elections of Mayor pro tem, clerk of council, marshal or marshals, or other officers of said town, there shall be necessary two affirmative votes, which must be the votes of two councilmen, or of one councilman and the mayor, whenever it becomes necessary for the Mayor to vote in case of a tie. On all other questions, where not otherwise provided in this Act, a majority vote of those present shall be sufficient, two being necessary, always, to transact any business, and the presiding officer being always entitled to vote in case of a tie. Passage of ordinances and appropriations. Sec. 12. Be it further enacted by the authority aforesaid, That all ordinances, rules and regulations heretofore passed by the Mayor and Council of the Town of Danville shall remain in full force and effect to the same extent and as fully as if passed under the authority of this Act, unless inconsistent with the terms of this Act. Ordinances of force. Sec. 13. Be it further enacted by the authority aforesaid, That the present Mayor and Council shall hold office until the expiration of the term for which they have been elected, and until their successors are elected and qualified. Present officers hold. Sec. 14. Be it further enacted by the authority aforesaid, That the Mayor of said town shall be the executive officer of said town, and shall preside at all council meetings at which he is present. He shall see that all ordinances of said town are faithfully carried out. He shall have control of the marshal, or marshals, of said town, and other arresting officers of said town, and shall have authority to appoint special police whenever he may deem it necessary or proper. He may suspend any marshal or policeman of said town, whenever he may deem it advisable; and the officer so suspended shall not be restored to duty until restored by the Mayor or by the votes of at least two councilmen at a meeting of Council, either regular or called, said meeting not to be earlier than three days after said suspension. It shall be the duty of the Mayor to see that the good order and the peace of said town is preserved, and that all persons and property therein are fully protected; and to this end he may cause the detention of all riotous or disorderly persons in

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said town. He shall preside over the Mayor's Court of said town, which is hereby established as a court to try all persons charged with a violation of the penal ordinances of said town. He may sentence any person convicted in said court of having violated any of said ordinances to pay a fine not to exceed two hundred dollars, to work on the streets of said town, not to exceed ninety days, or to serve in the barracks of said town, not to exceed ninety days. He may inflict all of said punishments, or any part thereof, on any offender found guilty in his court, or he may impose a fine with either a street sentence or a barracks sentence in lieu of the fine. If there is an ordinance providing for costs of officers, he may also add costs of the trial, which shall not exceed the amounts provided hereinafter. All fines and forfeitures collected in the Mayor's Court shall be paid into the treasury of the town, except the costs in the case, or cases, in which collected, and enough of the fines and forfeitures to pay all unpaid costs of officers accrued in other cases. Mayor's duties and powers. Mayor's court. Sec. 15. Be it further enacted by the authority aforesaid, That there shall be kept a docket for the Mayor's Court, upon which shall be entered the name of the accused, the name of the offense charged, and the disposition of the case, and such other data as may serve to give a complete history of the case. Docket. Sec. 16. Be it further enacted by the authority aforesaid, That upon the trial of all accused persons in the Mayor's Court, there shall be a written accusation sworn to by the marshal, clerk, or any other person capable of taking an oath. The mayor or any member of council is hereby authorized to administer and attest said oath, which shall be substantially as follows: Georgia, Twiggs (or Wilkinson County, as the case may be) County: Personally appeared before the undersigned officer of the Town of Danville, who on oath says that, to the best of his knowledge and belief,..... did, on the..... day of....., 192....., violate one of the ordinances of said town by committing the offense of...... Accusation on oath.

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Sworn to and subscribed before me this..... day of....., 192..... of said said town. Upon the demand of the accused or his counsel, the defendant shall be furnished with a copy of the accusation against him before he shall be required to announce ready for trial. In case the defendant does not ask for a copy of the accusation at some time before sentence is passed, he may be tried without any such accusation upon the statement of the case upon the accused and a conviction in such event shall be as legal and binding as if had under an accusation. Copy of accusation. Sec. 17. Be it further enacted by the authority aforesaid, That the Mayor and any member of council or the clerk of council of said town shall be authorized to issue subpoenas for the Mayor's Court, which must be obeyed by any person served therewith in said town under penalty of being summarily summoned by the Mayor or other person presiding in the Mayor's Court for a contempt. The Mayor or other person presiding in the Mayor's Court shall have the same power to keep order in court and to punish for contempt as the judges of the Superior Courts, in so far as the same are applicable to a court of this kind, but in no event shall the punishment be greater than a fine of fifty dollars and imprisonment for twenty-four hours in the barracks of said town, which punishment may be in the alternative or not, as the court may direct or it may be both punishments combined. Subpoena. Contempts. Sec. 18. Be it further enacted by the authority aforesaid, That the Mayor, or any councilman, the town clerk, or any marshal or policeman of said town shall have the authority to issue a summons to any person to appear in the Mayor's Court to answer a charge of violating a town ordinance, the offense to be named in the summons, and any failure of the person so summoned to appear, without a good and sufficient excuse shall subject the person so failing to appear to

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be dealt with in the Mayor's Court as provided for a delinquent witness. This mode of dealing with a person charged with violating an ordinance shall not be construed as prohibiting the arresting officer from arresting with or without a warrant, according to law, and offender whether previously summoned or not. Summons. Sec. 19. Be it further enacted by the authority aforesaid, That the Mayor and Council shall pass all proper ordinances providing for the levy and sale of property to enforce payment by owner of said property of all taxes, licenses, penalties, fines, and other claims of said town of like kind, after an execution has been issued therefor by the clerk of said town bearing attest in the name of the Mayor. In case of the forfeiture of bond, the proceedings shall be the same as provided for like cases in the Superior Court. In the other cases mentioned above, the ordinances may provide for the summary issuing of a fi fa. by the clerk or in case of tax fi fas. by the tax collectors of the State. The said governing body may pass suitabe ordinances for the impounding and sale of horses, mules, cattle, hogs, and other live stock running at large on the streets of the said town, said sale to be upon the failure of the owner or other person in charge to pay the fine for allowing said stock to run at large and for the impounding fees as provided by suitable ordinance. In all cases of levy and sale by the marshal of said town, or other officers of said town, the rules governing sheriff's sales shall govern. In case of a claim, illegality, or other like plea being filled, the fi fa. shall be returned to the Superior Court of Wilkinson or Twiggs County, (as the case may be) under the same rules as that applying to fi. fas. issued from said court. Levy and sale. Bond for feiture. Impounding of animals. Sec. 20. Be it further enacted by the authority aforesaid, That the Mayor's court shall, in addition to its other functions, be a committing court to the same extent as a justice court of this State. Committing court. Sec. 21. Be it further enacted by the authority aforesaid, That there shall be a Mayor pro tem of said town, to be

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selected from the members of council, and to be elected under the same rules as the clerk of Council, who shall preside over all council meetings in the absence or disqualification of the Mayor, and who shall preside over the Mayor's court under similar circumstances or at the request of the Mayor; but in the absence of both the Mayor and the Mayor pro tem or of their disqualification, or at the request of the Mayor, or of the Mayor pro tem, any member of council may preside over council meetings or over the Mayor's court. Mayor pro tem. Sec. 22. Be it further enacted by the authority aforesaid, That as soon as practicable, after the election and qualification of the Mayor and Council at the annual election, of same, it shall be the duty of said body to elect a clerk of council. The clerk so elected may be one member of the council, or may be any other person, in the discretion of said body. The clerk of council shall also be treasurer of said town. It shall be the duty of the clerk to attend all meetings of Council, and to all clerical work required of him by the Mayor and Council connected with the town business; and in his capacity as treasurer of said town, to receive and safely keep all funds of the town, and to pay them out upon proper vouchers, signed by two councilmen or one councilman and the Mayor whenever the funds were rated in this manner, to keep an itemized account of all receipts, disbursements, and to turn over all funds and property of the town in his hands when going out of office. His books at all times shall be open to inspection by the Mayor and any member of Council. The Mayor and Council shall also elect as soon as practicable after their election and qualification a marshal, or marshals, for said town, who shall be selected from the inhabitants of said town or any other place, in the discretion of the Mayor and Council. Both the clerks and marshal, or marshals, shall each give a bond as may be required by ordinance, said bond to be approved by the Mayor of said town, and to be payable to the Mayor and Council of the town of Danville and their successors in office, and to be conditioned on their faithful performance of duty and turning over by them of all funds belonging to said town in their

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hands, any such officer shall hold his office in the pleasure cretion of the Mayor and Council. Both the clerk and marduties of office, such officers shall take and subscribe the following oath before some officer of Wilkinson or Twiggs County authorized to administer oaths or before the Mayor or any member of council: I do solemnly swear that I will faithfully perform all of the duties devolving upon me as clerk and treasurer (or marshal, as the case may be) of the Town of Danville, so help me, God. Said oath to be entered upon the minutes of council. Any policeman appointed temporarily by the Mayor as an arresting officer of said town shall not be required to take the oath or to give bond, unless otherwise ordered by the Mayor, but shall be considered as a member of the marshal's posse summoned by the Mayor. Clerk of council. Duties. Marshals. Bond. Oath. Sec. 23. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of Mayor or Councilman of said town who has not all of the qualifications as to age, and residence, required of one to be elected to the General Assembly of the State of Georgia, or who has not resided in said town one year continuously immediately preceding his election, or who does not continue so to reside during his term of office. Eligibility to office. Sec. 24. Be it further enacted by the authority aforesaid, That the clerk and marshal, or marshals, and all special policemen appointed by the Mayor shall receive such salary or compensation as may be fixed by the Mayor and Council, which shall be subject to change at any time. The Mayor and Council shall be paid such sums and be allowed such exemptions as may be fixed by proper ordinance; but said exemptions shall not be more than exemption from street duty, and said sum paid the Mayor shall not be more than two hundred dollars per annum, and the sums paid the councilmen shall not be more than fifty dolars per annum. The last named restriction shall not apply to the combined salary of councilman and clerk and treasurer when one man fills both offices. Salaries.

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Sec. 25. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the right to tax all theatrical shows, slight of hand performances, flying jennies, medicine shows, circuses, circus parades, auctions and all other enterprises of similar nature. Said governing body shall also have the right to require, in their discretion, all persons in charge of said enterprises to furnish at such performances a special policeman to be appointed by the Mayor and paid by such persons in charge of same. Tax on shows, etc. Sec. 26. Be it further enacted by the authority aforesaid, That the Mayor and Council may, by proper ordinances, establish fire limits in said town, and may prescribe the kinds of buildings, the kinds of material used in same, the kinds of business conducted therein, and the manner of conducting same within fire limits. Fire limits. Sec. 27. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town may lay and collect a street tax for all male inhabitants of said town who reside there for as long as thirty days, and who are between the ages of sixteen and fifty years; provided, that if any person can produce satisfactory evidence that he has worked the streets of any town or city for the time required by said town or city during the same calender year, or that he has paid the required tax thereof, he shall not be required to work the streets in the Town of Danville during the calender year or pay any street tax there. If any person can produce satisfactory evidence that he has done the same under any county system, he shall be likewise excused. The street tax imposed by said town shall not exceed three dollars per annum for each one liable thereto, which shall not be prorated for any part of the year, and those subject to said tax shall have the alternative of working it out on the streets of said town under the supervision of the Mayor and Council or of an overseer appointed by said body, said work to be done when called for by said body of or its overseer, each day to consist of ten working hours. Street tax. Work on streets.

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Sec. 28. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town may pass ordinances forcing all persons subject to any tax, license, or other claim of said town, except ad valorem property tax, to pass same, or to work in lieu thereof, in case of street tax, under penalty of being dealt with for a violation of said ordinances, as provided in section 14 of this Act. Penal tax ordinances. Sec. 29. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town may levy and collect an ad valorem tax upon all property in said town, real and personal, not to exceed one half of one percent per annum on the assessed valuation of the same. Tax ad valorem. Sec. 30. Be it further enacted by the authority aforesaid, That in case the town does lay an ad valorem tax, as provided above, the clerk of council shall keep a book, or proper blanks, as may be prescribed by said body, for the tax returns of said town; and at such times as may be required of them by the Mayor and Council, the inhabitants of said town and non-residents owning property therein, shall make returns of property, real and personal, owned by them in said town. The Mayor and Council may provide for the double taxing of all those who fail to give in their property for taxation at the time required. In case any of these returns are too low, in the opinion of the Mayor and Council, a written notice shall be served on the taxpayer, whose returns are objected to, to appear before said body at some time fixed in said notice, which shall not be nearer than two days from the time of service of same, to show cause why said returns should not be raised. The decision of the Mayor and Council after the hearing shall be final. These hearings may be continued as hereinfore provided for in case of hearings before the registrars. The Mayor and Council may assess all property not given in at whatever valuation they may deem proper, and may also put a double tax on same as provided above. Tax returns Sec. 31. Be it further enacted by the authority aforesaid, That the Mayor and Council may offer a reward for final

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conviction of all persons charged with a violation of any ordinance or ordinances of said town. The amount offered for reward shall in no case exceed fifty dollars. Said reward shall be paid from the treasury of said town. Sec. 32. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town may assess a dog tax upon all dogs over six months old in said town, not to exceed one dollar per annum for each dog; and said governing body, in addition to the other means of collecting said tax, may pass ordinances for the seizure of any dog for which the tax has not been paid, and, after a notice of twenty-four hours to the one owning said dog or having same in charge, may have said dog killed. Dog tax. Sec. 33. Be it further enacted by the authority aforesaid, That the Mayor and Council may pass all ordinances that they may deem proper prohibiting all persons from having within the limits of said town, in his or her custody or control, any wines, beers, malt, alcoholic, spirituous, or intoxicating liquors of any kind for any illegal purpose, and to provide for the punishment of all persons violating same, said punishment to be as provided for in section 14 of this Act. Said ordinance, or ordinances, may also provide for the destruction of all liquors found to be in said town for any illegal purpose. Said Mayor and Council may pass suitable ordinances for the issuing of search warrants by the Mayor or by any member of Council, upon the oath of any person in writing that, to the best of his knowledge and belief, any such liquor is kept in any place in said town for an illegal purpose. Said oath may be administered by the Mayor or any member of Council, and attested by same. Said warrant shall be directed to any marshal or policeman of the town of Danville, commanding him to enter said described place, search for any such liquor, and to seize same upon discovery and keep same in his custody subject to the orders of the Mayor's court, and to return said warrant with an endorsement thereon of his actings and doings to the Mayor's court. Said ordinance

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may provide for the seizing without a warant of any such liquor by any such officer whenever he finds same in said town under such circumstances as would justify him in swearing out a warrant for the seizure of same under such warrant; but said ordinance may provide that the officer seizing such liquor without a warrant, as above, must proceed as soon as possible to swear out such a warrant, and to endorse upon same his actings and doings and return same to the Mayor's court. Said ordinance must provide for a written notice to the party appearing to have said liquor in his custody, and if no one appears to have same in his custody or control, then the one who appears to have the building or place where same was found in his control, to appear in the Mayor's court and show cause why said liquors should not be destroyed. At the hearing of the person presiding in the Mayor's court shall hear the evidence on both sides, if any, and shall determine whether or not said liquor was kept in said town for any illegal purpose, said decision to be made whether the person notified has appeared in answer to the notice or not. If the question is decided in the affirmative, said person presiding in the Mayor's court shall order same to be destroyed after thirty days from the date of the judgment, unless proper legal steps are taken in the meantime to prevent. Liquors. Search warrants. Seizure without warrant. Sec. 34. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the authority to pass an ordinance, or ordinances, levying a special business tax, or license, upon all places of business, in said town, and providing for the collection thereof. All persons failing or refusing to pay such license or tax may be punished as provided for in section 14 of this Act. Business license tax. Sec. 35. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town shall have the authority to remove from office any member of the council who shall, after trial before said body sitting as a trial court, be convicted of having failed to properly account for any property or funds belonging to said town in his hands, or

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of having, while a member of said board of council, been guilty of any act of gross neglect or misconduct while drunk or otherwise. Said removal may take place for any such act committed during any former term of said councilman as well as during the term during which the trial takes place; provided that no trial for the last named act or offense shall be begun not later than six months from the time of the alleged offense. The members of Council, sitting as a trial court, shall have the authority to try in the same way, and under the same restrictions, the Mayor for a like offense, and upon conviction, to remove him from office. In the event of a trial of either the Mayor or a Councilman, as above, the accused shall not form a part of the trial court and shall not vote therein. In order to convict the accused, two affirmative votes shall be necessary, in the case of a councliman the votes to be the votes of two councilmen or of one councilman and the Mayor, the Mayor having a right to vote whether there is a tie vote or not; in the case of the Mayor the votes to be the votes of two councilmen, the temporary presiding officer having a right to vote whether there is a tie vote or not. Any of said officers shall not be tried except upon a written accusation, signed by any inhabitant of said town, and sworn to before some officer of Wilkinson or Twiggs Counties, authorized by law to administer oaths, and setting forth with as much particularity as practicable the time, place and circumstances of said alleged offense. The accused shall be served by a clerk of council with a written notice of the time of said trial, said time to be determined by the majority of those qualified to try him, whenever such majority shall determine to try him upon any accusation filed with them, as above. Said notice shall be considered as waived by the accused if he appears at said trial. The accused shall have the usual rights as to a continuance, the subpoenaing of witnesses, introducing witnesses, being present at the trial, and of benefit of counsel. Said trial court shall proceed to hear said case whether the defendant is present or not, after they are satisfied that the defendant has received the proper notice and that the defendant has no

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sufficient excuse for his absence. After a full and public hearing the trial court may, in the discretion of a majority, deliberate in private upon their verdict. A verdict of guilty shall, of its own force, remove the defendant from office, and he shall remain so removed until the verdict is set aside by a court of competent jurisdiction. This sentence and removal shall not protect the defendant from being dealt with otherwise for his offense by any court of competent jurisdiction, nor shall it disqualify him from being elected to the same or any other office. Removal from office after trial. Accusation. Waiver. Verdict. Sec. 36. Be it further enacted by the authority aforesaid, That no person shall be tried for any offense in the Mayor's court of said town, unless the case against the accused is put upon the docket of the Mayor's court within six months from the time of the alleged commission of the offense, or unless an accusation, as hereinbefore provided, is filed in said court within said period. Six-months limitation. Sec. 37. Be it further enacted by the authority aforesaid, That any person convicted in the Mayor's court of said town, except for contempt committed in the presence of the court, shall have the right to appeal the case to the council, or to the Mayor and Council in case the trial took place before any other officer than the Mayor. Said appeal must be in writing, and must be filed in said court within four days, Sundays excepted, from the date of the conviction. It must be signed by the accused, and be substantially as follows; Danville, Ga.,..... 192..... I hereby enter my appeal from the conviction against me in the Mayor's court of the Town of Danville on the..... day of..... 192..... for the offense of..... and ask the council of said town for a rehearing on same. Said appeal shall operate as a supersedeas; but unless the accused pays into the court the amount of the fine assessed against him, where there has been a fine assessed, or gives bond for his appearance before council at the time of the re-hearing to answer the final judgment in the case, he must be held in the custody of the marshal by imprisonment or

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otherwise, until the time of the hearing, unless the person presiding in the Mayor's court at his conviction orders him released on his own cognizance. The bond mentioned above must be in an amount fixed by the person presiding at the conviction and must have such sureties as are approved by said officer. When the case comes on for a rehearing, the person presiding in the Mayor's court at the time of the conviction, must not take any part in the trial on the re-hearing. The judgment in the Mayor's court shall stand approved unless there is an affirmitive vote to change it, of at least two councilmen or of one councilmen and the Mayor, when the Mayor did not preside at the first trial. The trial must be conducted the same way as provided for trials in the Mayor's court. Said trial before council must take place as soon as possible after the appeal is entered. The appeal court may acquit the defendant, or they may find him guilty and sentence him as provided in section 14 of this Act. Appeals. Supersedeas bond. Sec. 38. The Mayor or other person presiding in the Mayor's court shall have the right at any time after a conviction, and before the fine is paid or before the sentence is served, to suspend the sentence imposed; provided, that in case said order of suspension is not revoked by the one issuing it within six months from the time it is issued, said order of suspension shall act as a complete bar to the further pressing of said sentence against the person convicted. Suspension of sentence. Sec. 39. Be it further enacted by the authority aforesaid, That the Mayor and Council of the Town of Danville may elect a city recorder, who shall be twenty-five years of age and shall have resided two years next preceding his election in the Town of Danville, and shall be a qualified elector, who before entering upon the duties of his office shall take an oath before the Mayor or other officer authorized to administer oaths that he will faithfully, truthfully and honestly discharge the duties of his office to the best of his ability, without fear, favor, or partiality. This oath shall be entered upon the minutes of the council. Said recorder may

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be removed from office by the Mayor and Council after trial and conviction had before said Mayor and Council upon written charges for neglect of duty or other conduct unbecoming his station, to be judged by said body. The vote of a majority of said body shall be necessary for such conviction and removal. The compensation of said recorder shall be fixed in the discretion of the said Mayor and Council. Records. 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 19, 1922. DECATUR CHARTER AMENDED. No. 427. An Act to amend Section 38 of the Act approved August 17th, 1909, creating a new Charter for the Town of Decatur, so as to provide for a maximum assessment of 75 cents per lineal foot on each side of the street along which sewers are constructed, for constructing said sewers; also to amend Section 45 of the same Act, so as to provide for increasing the maximum salary to three hundred dollars ($300.00) of any officer of the Board of Education and for other purposes. Section 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 38 of the Act approved August 17th, 1909, creating a new charter for the Town of Decatur, be, and the same is hereby amended, by striking the words, Not less than forty nor more than fifty cents in the fifth and sixth lines of said section, and inserting in lieu thereof, the words, Not more than 75 cents, also by striking the words Not less than eighty cents nor more than one dollar in the twentieth and twentty-first lines of said section, and inserting

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in lieu thereof the words Not more than $1.50; so that the first two sentences of said section 38 when so amended, shall read as follows: Act of 1909 amended. Sec. 38. Be it further enacted, That the Mayor and Council shall have full power and authority to lay down and construct and repair sewers, and a sewerage system, in said town, including the disposition of sewerage matter, and to assess a sum of not more than 75 cents per lineal foot for 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 assessment, 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 named shall be assessed upon such abutting property on each side of said sewer, for every lineal foot, making in all not more than $1.50 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 shall be assessed for only 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. Sec. 38 to be read. Increased assessments. Sec. 2. Be it further enacted by the authority aforesaid, That section 45 of said Act, approved August 17th, 1909, creating a new charter for the Town of Decatur, be and the same is hereby amended by striking the words one hundred in the following sentence of said section 45, to-wit: They shall elect such officers from their number as they deem necessary for the despatch of business before the board

Page 747

and make such rules and regulations for their own government as they deem wise, provided no officer elected by the board shall receive any salary as the board may fix not to exceed one hundred dollars per annum, and inserting in lieu thereof the words Three hundred, so that said portion of said section, when so amended, shall read as follows: They shall elect such officers from their number as they deem necessary for the proper despatch of business before the board and make such rules and regulations for their own government as they deem wise, provided no officer elected by the board shall receive any salary as the board may fix not to exceed three hundred dollars per annum. Sec. 45 to be read. Salary increase. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922. DECATUR RESTRICTED RESIDENCE DISTRICTS. No. 497. An Act to amend an Act creating a new charter for the Town of Decatur, approved August 17, 1909, so as to permit said Town of Decatur to designate and establish by appropriate proceedings restricted residence districts within its corporate limits; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act creating a new charter for the Town of Decatur, approved August 17, 1909, be, and the same is hereby amended as follows to-wit: said Town of Decatur may designate and establish by appropriate proceedings restricted residence districts within its limits. Act of 1909 amended. Sec. 2. Be it further enacted, That said restricted residence districts shall be created by an ordinance notice of the introduction of which shall be published in some newspaper

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of said town and if there is no newspaper published therein then in some newspaper having a general circulation in said town, one time at least ten days before the adoption of said ordinance, that any person interested in said matter may file objection thereto with the clerk of said town and be heard by the governing body thereof. Said notice shall show the restricted residence district and the date of the meeting at which said ordinance will be considered for adoption and same may be adopted at said meeting or some subsequent meeting in the discretion of the governing body of said town. Notice of ordinance. Sec. 3. Be it further enacted, That in the ordinance designating and establishing such restricted residence district in said Town of Decatur, said Town of Decatur is hereby empowered to provide reasonable rules and regulations for the erection, reconstruction, altering and repairing buildings of all kinds within said district, to prescribe the distances of said buildings from the street curb and also the use and occupancy of such buildings; and also to provide that no building or other structure except residences, school houses, churches and other similar structures shall thereafter be erected, altered, repaired or occupied without first obtaining from the governing body a permit therefor, it being within the discretion of said governing body to grant or to refuse such permit. Such permit if allowed shall be issued under such reasonable rules and regulations as may in said ordinance be provided. Restrictions as to residences. Permits. Sec. 4. Be it further enacted, That any building or structure erected, altered, repaired or used in violation of any ordinance passed under the authority of this Act shall be deemed a nuisance and said Town of Decatur is hereby empowered to provide by ordinance for the abatement of such nuisance either by fine or imprisonment or work on the public streets or by action in the Superior Court of the county in which said Town of Decatur is located or by both, such action to be prosecuted in the name of said Town of Decatur. Nuisance; abatement or penalty.

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Sec. 5. Be it further enacted, That any person violating or attempting to violate any of the provisions of any ordinance passed under the authority of this Act shall be punished by fine or imprisonment or work on the public streets as the governing body of said town may by ordinance provide. Punishment. 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 19, 1922. DECATUR; TOWN CHANGED TO CITY. No. 408. An Act to change the name of the Town of Decatur to the City of Decatur, and to incorporate inhabitants in the territory now embraced in the corporate limits of the Town of Decatur under the name and style of the City of Decatur, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the name of the Town of Decatur as heretofore incorporated, be and the same is hereby changed to the City of Decatur, and the inhabitants of the territory now embraced in the corporate limits of the Town of Decatur, located in DeKalb County, State of Georgia, be and they are hereby incorporated under the name and style of the City of Decatur, and by that name shall be, and are hereby invested with all the rights, powers, and privileges incident to municipal corporations in the said State of Georgia, and all the rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to or in anywise appertaining to said Town of Decatur, as heretofore incorporated shall be, and

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are hereby vested in the City of Decatur as incorporated by this Act; and the said City of Decatur 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 governing body all such ordinances, by-laws, rules, regulations and restrictions for the transaction of its business and the peace, good order, health, welfare and proper government of said town, as to said governing body seem best and consistent with the Constitution and laws of the State of Georgia and of the United States. Corporate name changed to city. General powers. And the said City of Decatur 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 city for corporate purposes. Said City of Decatur as incorporated in 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, contracts and undertakings of the said Town of Decatur its governing body, as a body corporate, as heretofore and in previous Acts incorporated; and this Act shall not impair the affect of any valid subsisting contract now in existence between said Town of Decatur as heretofore incorporated, and any present company or corporation, but said City of Decatur as herein incorporated shall succeed and enjoy all the rights of the Town of Decatur as heretofore incorporated, under and by virtue of any such contract, and shall assume the obligation undertaken in any such contract. Succeeding to rights of town. All ordinances now in force in the Town of Decatur are enacted by the municipal authorities of the Town of Decatur as heretofore incorporated and not repugnant to the Constitution and Laws of Georgia, shall be and are hereby continued in force in the City of Decatur, as incorporated under this Act; and the present commissioners of

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the Town of Decatur shall continue in the offices, to which they were elected, for and during the unexpired portions of their respective terms for which elected, until their successors are elected and qualified. Ordinances of force. 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 15, 1922. DOERUN, NEW CHARTER FOR CITY OF. No. 392. An Act to amend, revise, consolidate and supersede the several Acts incorporating the town of Doerun, and the City of Doerun, in the County of Colquitt, State of Georgia, and to provide a system of municipal governments for the City of Doerun; to create and regulate such municipal governments for said city; to define the rights, powers and duties of the same; to create municipal officers; to repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That from and after the passage and approval of this Act, the inhabitants of the territory hereinafter set out in this Act as the boundary of said City of Doerun, and who reside within said boundary of the City of Doerun, be, and they are, hereby incorporated under the name and style of the City of Doerun; and the said City of Doerun is hereby chartered and made a city under the corporate name of the City of Doerun, and by that name shall have perpetual succession, and is hereby invested with all the rights, powers and priviliges incident to municipal corporations in this State; and all rights, powers, titles, property, easements and hereditaments, within or without its limits shall be vested in the said City of Doerun; and the said City of

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Doerun as incorporated in this Act may in its name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its Mayor and Council all such ordinances, by-laws, rules, regulations, and restrictions, for the transaction of its business, peace, good order, health, welfare and proper government of said city as to said Mayor and Council seem best and consistent with the Contitution and laws of the United States. And the said City of Doerun shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity or for a term of years, any property, estate or estates, real or personal, lands, tenements and hereditaments of whatsoever kind within or without the limits of said city for corporate purposes. Said City of Doerun as incorporated under this Act, shall succeed to all rights of, and is hereby made expressly responsible as a body corporate for all legal debts, liabilities and undertakings of the Town of Doerun, its Mayor and Council, as a body corporate heretofore and in previous Acts incorporated. Corporate name. General powers. Succeeding Town of Doerun. Sec. 2. Be it further enacted, That the corporate limits of the City of Doerun shall extend one-half () mile from the center of the Town of Doerun, and the said corporate limits shall be the same as the Town of Doerun under the Acts incorporating the same; provided, that the Mayor and Council shall be empowered to extend the limits of said City of Doerun to three-fourths ([UNK]) mile, by ordinances; provided, further, that the extension shall not be made except two-thirds ([UNK]) of the legally qualified voters of said ment of said City of Doerun shall be vested in a Mayor and City of Doerun shall vote in an election held for that purpose to extend the limits to three-fourths ([UNK]) mile, and in that event the parties who will be included in the new territory shall be allowed the privilige of voting and participating in said election as other qualified voters of said town. Territorial limits. Extension on popular vote. Sec. 3. Be it further enacted, That the municipal government of said City of Doerun shall be vested in a Mayor and

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five (5) Councilmen; that the present Mayor and Councilmen shall hold their offices for the full time for which they were elected, and shall have power and authority to exercise all the rights and powers granted under and by virtue of this charter, and shall hold their offices until their successors are elected and qualified. Government. Sec. 4. Be it further enacted, That there shall be held on the first Saturday in December, 1922, an election at which election a Mayor and five (5) Councilmen shall be elected; the term of the Mayor, who shall be elected at said election, shall be for two (2) years from the first Wednesday in January, 1923, and the two Councilmen who receive the highest number of votes at said election shall hold office for a term of two years from the first Wednesday in January, 1923, and the remaining three (3) Councilmen elected shall hold office for a period of one (1) year from the first Wednesday in January, 1923. On the first Saturday in December, 1922, an election shall be held, at which election three (3) Councilmen shall be elected to hold office for a term of two (2) years, and thereafter there shall be held annually on the first Saturday in December of each year an election, at which election there shall be elected officers to fill the terms expiring on the first Wednesday in January thereafter; all officers shall hold their offices until their successors are elected and qualified. On the first Wednesday in January, 1923, or as soon thereafter as practicable, the Mayor and Councilmen elect shall meet at the usual place for holding council meetings in said City of Doerun, and shall then 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 Doerun for the ensuing term, and that I will faithfully enforce the charter and ordinances of said City of Doerun 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. Should the Mayor or any Councilman be absent from said meeting,

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he or they may take said oath of office as soon thereafter as possible. The Mayor and Councilmen shall provide by ordinances for regular meetings, not fewer than one each month, and may hold such special meetings as the business of said city may require, to be convened as provided by ordinance. Election of mayor and councilmen. Oath of office. Meetings. In the event the office of Mayor or any one of the Councilmen may become vacant by death, resignation or removal from the town or otherwise, the Mayor and Council, or in the case the Mayor's office is vacant, the Council shall order an election for the purpose of filling the vacancy and vacancies by giving such notice as will be provided by ordinance, and the election shall be held, returns made, and results declared in the same manner as in the regular elections for Mayor and Councilmen as hereinafter prescribed; provided, that should the vacancy or vacancies occur within sixty (60) days preceding the regular election in said city, then and in that event the vacancy or vacancies may be filled by the Mayor and Council or the Mayor pro tem., in the case of the vacancy in the Mayor's office, and Council; the person so selected shall be duly empowered and qualified to fill the vacancy until the regular election. The Mayor and Council shall, at their first meeting after being elected or as soon thereafter as practicable, elect from their number a Mayor pro tem., who shall in the absence of the regular Mayor, act for him and in his stead, and will be clothed with all the power vested in the duly elected Mayor. Should the Mayor or any one of the Council fail or refuse to perform the duties of his office for the period of two consecutive months, the office may be in the discretion of the Council or the Mayor and the remaining members be declared vacant by resolution, and the vacancy filled as provided; provided, the failure or refusal is not from providential causes. Vacancy in office. Mayor pro tem. Failure to serve; vacancy declared. Sec. 5. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or questions is submitted to the qualified voters of said City of Doerun, shall be managed by a justice

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of the peace or some other judicial officer and two freeholders who are citizens of said town owning realty therein; provided, that in the absence of the justice of the peace or other judicial officer three (3) freeholders shall be qualified to act as managers. Each of said managers before entering upon his duties shall take and prescribe before some officer authorized to administer oaths the following oath: Each of us do swear that we will faithfully and impartially conduct this election according to law, and will prevent all illegal voting, to the best of our skill and knowledge, and make true returns thereof, so help me God. Said managers shall keep or cause to be kept two lists of voters at said election and two tally sheets. All elections shall be held in the city hall or other convenient place designated by the Mayor and Council, and the voting shall be by ballot. The polls shall be opened at 8 o'clock A. M. and closed at 3 o'clock P.M., standard or central time. The persons receiving the highest number of votes for the respective offices shall be elected. The managers and clerks for all elections held under the provisions of this charter shall be named and appointed by the Mayor and Council prior to the election, and the mayor and council shall determine and provide for the pay of the managers and clerks. Elections, regulations for. Sec. 6. Be it further enacted, That said managers shall certify to two lists of voters and two tally sheets, and shall place one list of voters and one tally sheet in the ballot box with the ballots cast in said election, and seal the same under their signature, and shall forthwith deliver same to the ordinary of Colquitt County. The other list of voters and tally shall be placed in a package and sealed and delivered forthwith to the clerk of said city, who shall safely keep same and at the first meeting of the Mayor and Council occurring after the expiration of three days from said election, and within ten days after said election, deliver the said package to the said Mayor and Council, who shall open the same and declare results therefrom. If any election in said city is contested, notice of said contest must be filed in writing with the ordinary of Colquitt County,

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plainly setting forth the grounds of contest or illegality, within ten days after said election, and upon payment of $10.00 as a guarantee of costs to said ordinary in advance by contestant or contestants. The ordinary shall within three days ofter the contest is filed make a copy of same and cause same to be served by the sheriff or his deputy upon the contestee if the contest is for an office; and if the result of any election in which any question has been submitted, is contested, then the ordinary shall in hearing the contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice, the contestant shall pay to the sheriff or his deputy two dollars for serving notice of contest. The contest shall be heard at the office of the ordinary of Colquitt County, and he shall be empowered to have any and all witnesses and records brought before him in determining said contest, and it is the duty of said ordinary to hear and decide, and he is directed to hear and determine all contests, and the losing party shall pay all costs for which the said ordinary shall issue the usual executions when necessary. Duty of election managers. Contest of election. Sec. 7. Be it further enacted, That all persons qualified in the State for members of the General Assembly, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and who shall have resided in said city sixty days prior to the election at which they offer to vote, and who shall have registered as required by the registration laws or ordinances of said city, shall be qualified to vote at any election held under the provisions of this charter. Voters qualified. Sec. 8. Be it further enacted, That it shall be the duty of the clerk of said city, upon the first Monday in November in each year, to open a registration book for the purpose of registering the qualified voters of said city. Said book shall be kept open at such hours as the Mayor and Council shall direct, each and every day (Sundays and legal holidays excepted) until the Monday before the first Saturday

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in December, when it shall be fairly and absolutely closed. Said clerk shall not knowingly allow any one to register who is not lawfully qualified to do so, and shall in every case before registering the applicant administer to him the following oath: You do solemnly swear that you are a citizen of the United States and of the State of Georgia; that you have resided in this State for twelve months, in this county for six months, and in Doerun sixty days next preceding this registration, or that by date of next city election, if then a resident you will have done so, and that it is your intention to remain a resident until said day of election; that you are twenty-one years of age or will be so prior to said election; that you have paid all taxes required by the laws of this State, except taxes for this year, so help you God. It shall be the duty of the clerk to prepare a list of said names of registered voters after it has been purged by the mayor and council, in alaphabetical order, certified under his official signature and seal of office, at or before the polls are open. The managers shall keep said list before them during the election and shall not permit anyone to vote in said election whose name does not appear thereon, and when said election is over, it shall be the duty of said managers to return said list to the clerk, to be by him safely kept and preserved. The registration for whites and colored shall be kept separately. For any intermediate or special election in said city for any purpose, the clerk shall open the registration book at least sixty days before the date fixed for said election and shall close same twenty days before said election and prepare and furnish the registration list as hereinbefore provided. Notice of the opening of the registration books for all elections shall be given in such manner as the Mayor and Council shall prescribe, at least twenty days before the closing thereof. Should the name of any person qualified to vote in any election, and who registered therefor with the clerk in due time and form, be accidently omitted from the registration list furnished the managers of said election, the clerk of said city may certify under his official signature and seal

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to such accidental omission to place his name on the list, and that he was duly and legally registered in due time and form before the registration books were closed, and thereupon by filing said certificate with the managers, such person shall be allowed to vote. Any person voting in any election held in said city, who is not qualified to vote therein, under the provision of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by the State for illegal voting. After said registration books are closed, and prior to the day of any election for which said registration is had, the Mayor and Council shall examine, revise and purge said list, as made up and returned to it by the clerk, of all illegally registered voters or persons disqualified from voting for any lawful reason; provided that before removing any name therefrom, written notice shall be served upon the person or persons deemed disqualified, at least twelve hours before the final hearing thereon by the Mayor and Council, that such person may show cause, if any, why such action should not be taken. Registration of voters. Oath of voter. List of registered voters. Races separate. Special registration. Notice. Unlawful voting penal. Revision of list. Sec. 9. Be it further enacted, That at the first regular meeting of the Mayor and Council, which shall be held on the first Monday in January or as soon thereafter as practicable, after the regular municipal election of each year in December, for the purpose of reorganization, at which time the Council shall elect one of their number Mayor pro tem., also, at said meeting, elect a city clerk, a treasurer, a marshal, who may be chief of police, and as many policemen as in their judgment is necessary; a city attorney, if they deem one needed, a superintendnt of waterworks, and such other employees of said department, and such other city officers as the Mayor and Council shall deem necessary in the government of said town, to be fixed by ordinance. Each of said officers shall take such oaths of office, give such bonds, and perform such duties as shall be fixed by ordinance; provided, all official bonds shall be made payable to the City of Doerun. Said Mayor and Council shall have power and authority in their discretion to suspend and

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remove such officer from office or impose such 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 compensations of all officers, agents or employees of said city, which when once fixed shall not be changed during the term of office of said officer, agent or employee. All of said officers, agents and employees shall be elected for the period of one year, and until their successors are appointed, elected and qualified. Organization. Municipal officers to be elected. Removal. Salaries. Term. Sec. 10. Be it further enacted, That the Mayor or Mayor pro tem. and three Councilmen shall constitute a quorum for the transaction of business the majority of the votes cast shall determine the question before them; provided, that the Mayor or Mayor pro tem., if he is presiding in the absence of the Mayor, shall vote only in case of a tie vote, and provided, further, that all votes making appropriations or authorizing the expenditure of city funds, or fixing the salaries of officers, agents or employees, shall be by the ayes and nays, duly recorded upon the minutes; and may demand the aye and nay vote, and on such demand the vote shall be taken and recorded on minutes. The Mayor or Mayor pro tem., when performing the duties of Mayor shall have a veto power, and may veto any resolution or ordinance passed by the council, in which event the same shall not become a law or have the effect of a law, unless subsequently and at the regular meeting thereafter, it shall be passed over his veto by a two-thirds vote of the entire council duly recorded on the minutes; but unless he shall file in writing with the clerk of the city, his veto of any measure passed by the council, with his reasons for withholding his assent, within three days after its passage, the same shall become a law just as if signed and approved by the Mayor, but he may approve the same in writing and the measure shall go into effect immediately. Quorum of council. Votes. Veto.

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Sec. 11. Be it further enacted, That the Mayor of said city shall be the chief executive officer of the City of Doerun. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully, fully and impartially executed and enforced, and that all officers, employees and agents of said city faithfully and impartially discharge the duties required of them. He shall have the general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the council. He shall have the power to convene the council in extra session whenever, in his judgment, it becomes necessary, and shall do so in writing. He shall have general supervision and jurisdiction provided for by ordinance or resolution of council. Mayor's duties and powers. Sec. 12. Be it further enacted, That it shall be lawful for the marshal, or any police officer of said city, to arrest without warrant any person or persons within the corporate limits of said city, who at the time of arrest, or before that time, has or have been guilty of violating any ordinance of said city, or who he has reasonable belief or reliable information has or have been guilty, and to hold such persons so arrested until a speedy hearing of the matter before a proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison, or in the jail of Colquitt County, for a reasonable length of time. The marshal and the police officers of said city are authorized to the same extent as sheriff's of this state to execute warrants placed in their hands charging any person with violating the criminal laws of this State. The marshal and police officers of said city are also authorized to arrest anywhere in the State any person charged with violating any ordinance of said city; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and police officers are not authorized to arrest the offenders outside the corporate limits of said city, except in obedience to written warrant signed by the Mayor, Mayor pro tem. or acting Mayor. Said marshal and police officers may take bonds for the

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appearance of any person arrested by them for violations of city ordinances before the police court for trial and all such bonds may be forfeited as hereinafter provided for forfeiture of appearance bonds by the Mayor, Mayor pro tem., or acting Mayor. The Mayor and Council of said city shall have power and authority to authorize and enforce the marshal or any police officer of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city or any criminal law of this State, and to provide punishment for any person or persons failing or refusing to obey said summons. Arrests without warrant. Execution of warrants. Arrests beyond corporate limits. Bond for appearance. Summons. Sec. 13. Be it further enacted, That the Mayor and Council shall have the power and authority to establish and prescribe by ordinance a fee and cost bill for the officers of said city, which said fees and cost when collected shall be paid into the city treasury and an accurate account kept thereof. All compensation of any paid officer or official of said city shall be by salaries, fixed by ordinance, and regularly drawn from the treasury by the customary warrants, and no officer of said city shall receive or be entitled to receive any other compensation than as so fixed, nor any part of the fees or cost as above provided. Costs and fees. Compensation of officers. Sec. 14. Be it further enacted, That the Mayor, or in his absence or disqualification, the Mayor pro tem., or in the case of the absence or disqualification of both the Mayor and the Mayor pro tem., any Councilman of said city, to be designated by writing by any other two Councilmen, may hold and preside over a court in said city to be called a Police Court, for the trial of all offenses against the laws and ordinances of said city, to be held as often as necessary or at such times as may be fixed by the Mayor and Council. Said Police Court shall have power and full authority to preserve order, compel the attendance of witnesses, order and compel the production of books and papers to be used as evidence, and to punish for contempt, or disobdience to any of the mandates. Said court shall have full authority and power to punish, after conviction, all violations of the charter of

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any ordinance of said city by fine not to exceed $100.00 by imprisonment in the city prison not to exceed fifty days, and to work upon the streets of said city in the city chain-gang, or at any other public works as the Mayor or Mayor pro tem. or presiding Councilman may direct, not to exceed sixty days; any one or more of these punishments may be inflicted by the Mayor or Mayor pro tem., or presiding Councilman in his discretion, and the fines imposed may be collected by execution. The Mayor or Mayor pro tem., or presiding Councilman, as the case may be, shall have full power and authority in said police court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case, or if upon the trial of any offender by the aforesaid court, it develops from the evidence that he or she is probably guilty of a violation of any criminal law of this State, to commit the offender or offenders to jail, or bail them, if the offense is liable by a justice of the peace, to appear before the next Superior Court in Colquitt County. Police court. Powers. Punishment. Commitments. Sec. 15. Be it further enacted, That the Mayor, Mayor pro tem., or the presiding councilman, when any person or persons be arraigned before the police court for a violation of any of the city ordinances, rules or regulations, may, for sufficient cause shown by either side, continue the hearing to such time as the case may be adjourned to; and the accused may be required to give bond and security for his or her appearance at the appointed time for trial, or may be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for trial, the bond may be forfeited by the Mayor, Mayor pro tem., or presiding Councilman, and an execution issued thereon after serving the defendant, if to be found, and his security with a rule nisi at least five days before the hearing of said rule nisi require him or them to show cause why said bond should not be forfeited. Bonds for appearance. Sec. 16. Be it further enacted, That any jarty being dissatisfied with the fine or penalty of the Mayor, Mayor pro tem., or presiding councilman, shall have the right to enter

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his appeal to the council; provided, that same is done within twenty-four hours after trial by said Mayor. All parties being dissatisfied with the penalty, fine or forfeiture as exacted by the Mayor shall have the right to have same reviewed by certiorari; provided, same is done within thirty days from the final administration of said case. Appeal and certiorari. Sec. 17. Be it further enacted, That the Mayor and Council shall at their first meeting in January, 1923, elect a Board of Tax Assessors for said city, to be composed of three citizens, qualified voters and freeholders in said city, whose duty it will be to annually assess the true cash market value of all real estate situated in said city, subject to taxation, and to make returns of same to clerk of council at such times as may be fixed by ordinance by Mayor and Council. At the first election under the provisions of this charter, one of the assessors shall be elected for one year, one for two years and one for three years, and as these terms expire their successors shall be elected for terms of three years. Vacancies in said board shall be filled by the Mayor and Council as they occur. Each member of said board shall receive such compensation as shall be fixed by the Mayor and Council, and to be paid as ordered by the Mayor and Council, after the work of assessment of the year has been completed. Each assessor before entering upon his duties, shall take and subscribe the following oath: I do swear that I will faithfully and impartially without fear or favor, discharge the duties of tax assessor of the City of Doerun, and assess all property in said city, subject to taxation, at its true cash market value, to the best of my skill and knowledge, so help me God. Tax assessors. Oath of assessors. Sec. 18. Be it further enacted, That persons making their returns shall be required to return the value of their real and personal property with a correct and full description of the same, which description shall be filed with the clerk of the council for use by said Board of Assessors. Tax returns.

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Sec. 19. It shall be the duty of said Tax Assessors to assess the value of all real estate and personal property in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the official receiving the same and increase the value of the real estate or personal property when in their judgment the value placed thereon by the tax payers is too small. It shall be the duty of all owners of real estate and personal property to make returns as hereinafter provided at its cash market value, and if any person shall fail or refuse to make such return of any of their real estate or personal property within said city by the first day of July in any year, the said Tax Assessors shall assess such property of the person so failing to make such returns at double the market value of such property. It shall be the duty of said tax assessors to examine carefully the property, both real estate and personal, located in or owned within said city and to assess the same at the true market value thereof. Said assessors shall make a return of their work within thirty days after the tax returns are turned over to them by said Clerk; provided, that the Mayor and Councilmen shall if they see fit, extend the time in which said tax assessors shall have to make their returns. When said returns are made, said tax assessors shall appoint a time and place for hearing objections to their assessments, and said clerk shall give notice to persons whose property has been raised or double taxes assessed against their property, ten days before said hearing, stating the time and place of hearing and the increase so made by the assessors. This notice may be served personally on said tax payer or mailed to said person at his last known address, with postage prepaid. Any person dissatisfied with the assessment made on any property under the provisions of this Act, shall have the right of appeal from the same to the Mayor and Councilmen, provided, said appeal be filed within ten days, and provided said appeal shall be in writing, setting forth distinctly the items of property that have been raised,

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the amount at which the same has been assessed and the market value as contended by appellant, and said appeal shall be filed with the Clerk of the city within ten days after notice of said assessment by said assessors, and said appeal shall be heard by the said Mayor and Councilmen at the next regular meeting of the said mayor and councilmen after the filing of said appeal, and the decision of said mayor and councilmen shall be final. Duty of assessors and of owners of property. Appeal from assessment. Sec. 20. Be it further enacted, That the Mayor and Council have the power and authority to provide by ordinance when tax returns shall be made under the provisions of this charter and to provide penalties for failure to make returns as required and to provide when and how takes due said city shall become due, and in what length of time and in what periods shall be payed, to fix penalties for the non-payment of taxes when due, and to issue execution against all persons who do not pay their taxes by the time fixed by ordinance. The Mayor and Council, in their discretion, may provide for the payment of any or all taxes in installments and at different periods, provided all shall become due not later than October 15th, of each year. Powers as to tax returns. Sec. 21. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the City of Doerun, the Mayor and Council of said city shall have full power and authority to assess, levy and collect an ad valorem on all real estate and personal property including money, notes, bonds and other evidences of debt. Money used in banking, and every other species of property in said city, or around or held therein subject to taxation; said tax shall not exceed fifty cents on the hundred dollars, exclusive of all the taxes for public school authorized by law, and the taxes that may be required to pay annual interest on any indebtedness which may be incurred by said city, and any taxes which may be required as a sinking fund for the purpose of paying the principal of said bonded indebtedness, as required by law. The ad valorem tax above authorized for general purposes, and the

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public school tax and the bonded interest and sinking fund tax shall be levied under separate ordinances, each specifying the purpose for which it was levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. The Mayor and Council shall have power and authority to provide by ordinance for the returns and assessment of all taxable property in said city, and to provide penalties for neglect and refusal to comply with same, as elsewhere provided in this Act. Tax ad valorem. Sec. 22. Be it further enacted, That the Mayor and Council shall have full authority and power to any and every person, firm, corporation or company, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession, within the corporate limits of said city, by themselves or by their agents, to register their names, business, vocation, calling or profession annually and to require said person, firm, company or corporation to pay for said registration, and for a license to prosecute, carry on or engage in such calling, business or profession such amount as the mayor and council shall prescribe by ordinance; provided, that there shall be a separate license for each business, calling, vocation or profession, and no person securing a license for any particular business, calling or vocation shall be allowed to carry on any other business, calling or vocation thereunder, or at any other place of business than at the place for which the license was granted. The mayor and council may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to register and secure and pay for said license, who fail to register, take out and pay for the license or who engage in such business, profession or occupation before compliance with the provision of such ordinances. License tax on occupations. Sec. 23. Be it further enacted, That the Mayor and Council shall have power and authority to prohibit or regulate and license billiard tables, pool tables, ten-pin alleys, and

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any and all tables or alleys of any kind, kept within said city and used for the purpose of hire, renting or gain, or used or kept in any public store or place to attract trade or patronage, or for the use of which any charge is made, and to charge for such license, if granted, such sums as the mayor and council may fix by ordinance, for the calender year or any part thereof, and payable in full in advance. Prohibition and regulation. Sec. 24. Be it further enacted, That the Mayor and Council shall have full power and authority to license, regulate and control by ordinance, all markets in said city, opera houses and other places of amusement for the public, all hacks, drays or wagons used for hauling of any kind, and all vehicles used for hire for any purpose, auctioneers, itinerant lightning rod agents or dealers, sewing machine agents, peddlers, emigrant agents, all fire or life insurance companies doing business in said city, trades of all kinds itinerant dealers in jewelry, merchandise, and all other articles, except as are exempt by State laws. Also any person, firm, company, or corporation running or operating a flying jenny, flying horses, and all circuses, side shows and performances of any kind in said city, and all goods, wares or merchandise by sample, or soliciting orders for same, and all other businesses, callings or vocations, which are not exempt from license under the constitution or laws of Georgia. Said Mayor and Council shall have full power and authority, by ordinance, to regulate the running of automobiles, railway trains, or other vehicles run by electricity, gasoline, kerosene or steam. Licenses for regulation of occupations. Sec. 25. Be it further enacted, That the Mayor and Council of said city shall have power and authority to compel and make all persons between the ages of twenty-one and fifty, subject to road duty under the laws of Georgia, resident in said city, to work on the streets of said city not to exceed ten days in each year, at such time or times as the mayor and council may order, or to pay a commutation tax in lieu thereof, not to exceed $5.00 in any one year,

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as said mayor and council may determine. Should any person liable to work the street under this section fail or refuse to so do, or to pay the tax assessed in lieu thereof, after receiving the notice to do so, as mayor and council may require he shall be deemed guilty of a violation of this section, and on conviction in the police court of said city, shall be fined in the sum not exceeding $10.00, or imprisoned in the city jail or prison, or by labor on the chain-gang of said city not exceeding twenty days, and any and all of these punishments may be inflicted in the discretion of the presiding officer. The Mayor and Council may pass such ordinances as they deem proper and necessary for enforcing the provisions of this section. Street tax. Work on streets. Penalty. Sec. 26. Be it further enacted, That the Mayor and Council shall have power and authority to impose a tax on dogs, owned or kept within said city, not to exceed two dollars per annum each, and shall have power and authority to pass such ordinances as they may deem necessary to collect such tax or otherwise enforce the provisions of this section, and may authorize and direct the marshal and police officers of said city to impound or kill any dog or dogs at large within the limits of the city, whose owner has failed or refused to pay said tax, as prescribed by ordinance, or who fails or otherwise refuses to comply with any such ordinance or regulation. Dog tax. Sec. 27. Be it further enacted, That the Mayor and Council of said city shall have power and authority, when necessary, to supply casual deficiences in the revenues of said city, to negoiate a temporary loan or loans, and execute a note or notes therefor in the name of the City of Doerun, as may be provided by special resolutions or ordinances for that purpose, to be passed at a regular stated meeting of the mayor and council. Provided that the total sum borrowed in one year shall not exceed one-fifth of one per centum of the assessed value of the taxable property within said city for that year; and provided, further, that said loan shall always become due and payable and actually paid

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in full before the 31st day of December of the year in which borrowed. Temporary loans for casual deficiencies. Sec. 28. Be it further enacted, That the Mayor and Council of said city shall have full, complete and exclusive control of the streets, alleys and sidewalks, parks and squares in said city, and shall have power and authority to condemn property for the purpose of laying out streets, alleys or sidewalks, and for widening, straightening and grading, or in any way changing the street lines and sidewalks of said city, and when said mayor and council desire to exercise power and authority as to condemnation herein granted, it might be done, whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in sections 5206 and 5246 inclusive, of the Code of Georgia adopted August 15, 1910. The Mayor and Council may abandon or discontinue such proceedings at any time upon payment of some sum agreed upon. The mayor and council shall have power and authority to remove or cause to be removed, any buildings, steps, fence, tree, gate, post or other obstruction or nuisance in the streets, alleys, lanes, sidewalks or other places in said city, and to enforce the provisions of this section by appropriate ordinances. Control of streets, etc. Condemnation. Removal of obstructions. Sec. 29. Be it further enacted, That the Mayor and Council shall have full power and authority, in their discretion and as hereinafter prescribed to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said city, now or that hereafter may be opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares or public alleys. In order to make effective the power and authority above given, and to provide funds therefor, said mayor and council shall have full power and authority to assess the actual cost of paving sidewalks and placing curbing by same, against the real estate abutting on the street, but only on one side of the street on which

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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 real estate abutting on the other side of the street improved; the real estate abutting on both sides of the street shall not together be assessed more than two-thirds of the entire cost, in the discretion of the mayor and council, provided, that no curbing shall be laid and no sidewalk or street be paved or macadamized, or no assessment made under authority, power and provisions of this section, unless the persons owning real estate, which have at least two-thirds of the frontage on the sidewalk or street or on the portion of the sidewalk or street, the improvement of which is desired, shall in writing request the Mayor and Council to make such improvement, when said Mayor and Council, may, in their discretion, provide by ordinance for such improvement; and provided further that no request shall be considered and no work shall be done for less than one entire block. The amount of each piece of real estate abutting on the sidewalk or stret improved shall be a lien on such real estate from the date of the passage of the ordinance providing for the work and making the assessment, that the mayor and council shall have full power and authority to enforce the collection of any amount so assessed for such improvements or work done, either upon the sidewalks or streets by execution to be issued by the clerk of the council against the real estate so assessed and against the owner thereof at the date of the ordinance making assessment, which execution may be levied by the marshal of the city on such real estate and after advertising and other proceedings as in the case of sale of realty for city taxes, same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser; provided that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which

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the execution is issud is due and stating that he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received; which affidavit, when received, shall be returned to the Superior Court of Colquitt County, and there tried and the issue determined, as in cases of illegality, subject to all the penalties provided by law in cases of illegality for delay. The lien for assessment on abutting the property, and on street railroad and other companies for street or sidewalk paving, curbing, macadamizing or drainage, shall have rank and priority of payment next in point of dignity to lien for taxes, such lien to date from the ordinance authorizing the execution of the work in each case. Street improvements. Assessments. Execution, levy and sale. Affidavit of illegality. Lien of assessment. Sec. 30. Be it further enacted, That the Mayor and Council of said city shall have power and full authority to provide for and regulate the curbs and gutters that empty into the sidewalks or streets of said city; to regulate or prohibit (except as such power may be restricted by any general restricting laws) the use of the streets, alleys, sidewalks or public grounds for any signs, sign-posts, awnings, telegraph or telephone poles, wires for the telegraph, telephone or electric lighting or power purposes, electric light or power poles, horse troughs or watering places, hitching posts or racks, and for posting bills and advertising matter; to regulate or prohibit the carrying of hand-bills, (banners or placards) on the streets, sidewalks or public places of said city, and the gathering or holding of public meetings for any purpose therein or thereon. Also to compel any telegraph or telephone or electric light or power company having previously erected poles and wires in said city to remove same to any location designated by the Mayor and Council, and in case said company shall fail to remove the same within thirty days (30), or such further times as to the mayor and council may seem just and reasonable, after the written notification by the marshal, said city shall have the right and authority to remove the same at the expense of such company, and collect the same by execution.

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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 city, and to prohibit the use of the public sidewalks of said city by other than pedestrians, and to punish violation of such rules, regulations or ordinances as they may pass upon the subject. Said Mayor and Council shall also have the power and authority to regulate the speed at which locomotives or trains, or street cars shall be run within the corporate limits of said city, also the blowing of whistles and signals by locomotives, stationary engines and factories within the corporate limits, and also to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public crossing of street or sidewalk within the limits of said city. Regulations of things occupying streets. Speed of vehicles. Of trains and cars. Sec. 31. Be it further enacted, That the Mayor and Council shall have power and authority to require the railroads or street railroads running through said city, or a portion thereof, to make and repair such public crossings for pedestrians or vehicles over or across their several roads whenever or in such manner as said mayor and council shall deem necessary; to place and repair such crossings or to open or keep open any street in said town crossing them, and the mayor and council may pass any ordinance needful for carrying out the provisions of this section. And in case any railroad or street railway shall fail or refuse to make such crossings within fifteen days, or to repair the same within twenty-four hours after having been notified to do so by the city, its Mayor and Council shall have the power to erect and make the same across the railroad or street railroad or to repair the same at the expense of said railroad or street railroads, and may issue execution therefor, and levy and collect the same as in the case of tax executions. Railroad crossings and repairs. Sec. 32. Be it further enacted, That the Mayor and Council shall have the authority and power to grant franchises,

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easements and rights of way, over, in or under, on or along the public streets, lanes, alleys, sidewalks, parks and other property of said city, on such terms and conditions as they may fix by ordinance; provided, that no such franchise shall be granted until the application for the same with the description of the nature of the franchise, the streets on which desired and the time at which it shall be acted upon shall have been advertised at the expense of the applicant once a week for four weeks in a newspaper in said city, or should there be no newspaper published in said city, then same shall be published by posting the above described at three or more public places in said city for four weeks. Franchises. Sec. 33. Be it further enacted, That the Mayor and Council shall have full power and authority to lay down and construct and repair sewer and sewerage system in said city, including the disposition of sewerage matter, and to assess abutting land owners for a reasonable amount for said sewerage and drainage, and said land owners as part compensation shall have the right to connect their drainage into all said sewers. Sewerage. Sec. 34. Be it further enacted, That the Mayor and Council of said city may, in its discretion, enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change or modify same from time to time, to prescribe how and of what 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 city from danger from fire or to prevent or stop conflagration. They shall also have the power and authority to order change in construction and arrangements of chimneys, stove pipes or flues or the removal thereof when in their judgment the same are dangerous or likely to be so, and to compel the owner or occupant to make the changes or alterations ordered by proper ordinance, and collect annual expenses incurred

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by said city under ordinance passed carrying out the powers granted under this section by execution as in the case of collecting costs due said city. The Mayor and Council may exercise general supervision over all buildings of every description in said city and may condemn dangerous walls or constructions in any of the same, and shall have power and authority to exercise said supervision by passing and enforcing suitable and reasonable ordinances. Fire district and regulations. Sec. 35. Be it further enacted, That it shall be the duty of the Mayor and Council of said city to provide such fire protection therefor, as in their discretion the city can afford or is able to support, and to this end shall have power and authority to organize, equip and support a Fire Department, volunteer or paid, and to make such appropriations therefor as they may deem advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the object of this section and afford protection from fire or conflagration to property in said city. Fire protection. Sec. 36. Be it further enacted, That the Mayor and Council of said city shall have authority and power to provide for the inspection of steam boilers in said city, to regulate and prevent the storage of gun powder, tar, pitch, rosin,coal, benzine, naptha, nitro-glycerine, turpentine, cotton, petroleum, kerosene oil, dynamite, or combustibles or explosive substances, materials or liquids, within the city limits; and to regulate the use of lights in stores or shops, or in the building of bon fires; to regulate and prohibit the use of fire-works, fire crackers, torpedos, sky rockets, roman candles, the firing of guns, pistols and anvils, and prohibit every kind of gaming and hunting within the corporate limits of said city. Steam boilers and explosives. Sec. 37. Be it further enacted, That the Mayor and Council shall have the power and authority to make and enforce all ordinances necessary or wisely precautionary

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for the prevention of any contagious or infectious disease or the spreading or the communication thereof; to declare, maintain, enforce quarantine rules or regulations in regard thereto and to punish any violation of any of the said rules or regulations. They shall have power to build or establish or maintain or exercise police powers over a pest house outside of said city limits, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings beyond the city limits. They shall have the power to compel the removal to the pest house of any person or persons who have small-pox or any other infectious disease or contagious disease when in their wise and humane judgment it is best for the general welfare and health of said city. They shall have power to compel all persons in said city, whether resident or sojourner, to be vaccinated and may provide vaccine virus and provide physicians at the expense of the city to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide punishment for persons failing or refusing to be vaccinated. Diseases, quarantine, etc. Vaccination. Sec. 38. Be it further enacted, That the government, control, management and protection of the city cemetery, as it is now located, or any enlargement or extension of the limits thereof by purchase, gift or otherwise, and at the disposition of the lots therein, is hereby continued and vested in the Mayor and Council exclusively of said City of Doerun, and said mayor and council shall have power and authority to pass all necessary ordinances, rules and regulations, relating to burial therein, the disposition of the lots and the protection and preservation of said cemetery, and burial therein, and to punish violations thereof, and this power and authority shall be extended over any additions to said cemetery, whether within or without the corporate limits of said city. Cemetery. Sec. 39. Be it further enacted, That the Mayor and Council shall have full power and authority to adopt and enforce ordinances for the protection and preservation of

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shade trees on the streets, public places, cemeteries and parks in said city, and to prevent the cutting, impairing, or mutilation thereof by telephone, telegraph, electric light or power or electric street car linemen, or employee, or other person, unless the same is done under and with the express and formal consent of the Mayor and Council or some officer appointed by them to direct the same, and then only when absolutely necessary for the public safety or service. Shade-trees. Sec. 40. Be it further enacted, That the Mayor and Council shall have power and authority to protect by suitable ordinance and enforcement, all places of Divine worship, and all schools and colleges in said city, and to prohibit loitering or idling about the same or the grounds thereof, or any other conduct in or about the same tending to annoy or disturb the duties or services carried on or performed therein, or the occupants of said institution or the grounds thereto. Said Mayor and Council shall have power and authority by suitable ordinance to prevent and punish any boisterous, unseemly, indecent or disorderly conduct or behavior or any unseemly or improper gathering on the streets or sidewalks, alleys or public places or buildings, or vacant property within said city or in or about or near any residence therein. Places of worship. Disorderly conduct. Sec. 41. Be it further enacted, That the Mayor and Council of Doerun shall have full power and authority to suppress lewd houses, lewdness and all immoral conduct, gambling and gambling places within the corporate limits of said city, and to this end may enact such ordinances and provide such penalties for violations thereof as they may deem advisable or necessary to carry out the provisions of this section. Said Mayor and Council shall have power and authority upon proof of any house of ill fame, bawdy house, lewd house or gambling house or place, to vacate and abate the same by causing the occupants thereof to be forcibly removed, after three day's notice, and any property owner or agent who shall after notice of

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the character of the inmates, continue to rent or suffer the same to remain on said premeses, shall upon conviction in the police court of said city be punished as for the violation of the ordinances of said city relating to nuisances. Lewd and gambling houses. Sec. 42. Be it further enacted, That the Mayor and Council of said city shall have power and authority to prohibit by ordinance the running at large in said city of horses, mules, cattle, hogs, sheep, goats, dogs and all other animals or fowls and to prohibit the keeping of hogs, or shall provide the manner in which said hogs shall be kept, within said city limits, or if allowed to be kept therein, in the Mayor and Council's discretion to regulate the manner and place in which they may be kept, also to impound all such animals when found upon the streets or public places or upon the property of other persons than the owners without permission or consent of the owner of such property and to charge such fees for same as said Mayor and Council shall prescribe, and in addition thereto charge for the keep of any animal so impounded, should the owner of any animal fail or refuse to pay the impounding fee and cost of keeping said animal the same may be sold at public outcry before the city hall and the proceeds applied to the payment of said fees and cost, under such rules and regulations as the owner and council shall prescribe by ordinance. Impounding of animals. Sec. 43. Be it further enacted, That any person violating any of the ordinances of said city flee from jurisdiction thereof, he or she may be apprehended and arrested, wherever found in this State, and the warrants of the Mayor, Mayor pro tem. or acting Mayor of said city shall be sufficient authority for his or her return and trial upon the charge resting against the person, and should any person after trial and conviction escape, such person may be apprehended or arrested wherever found in this State, and the warrant of either of the officials aforesaid shall be sufficient authority for his or her arrest and return; and all persons escaping from the custody of said

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city or its officers may be tried for such escape and punished therefor not exceeding penalties hereinbefore provided. The said Mayor and Council shall have full power and authority to provide for said city a safe and suitable prison for the keeping and detention of persons and convicts in said city and all persons charged with the violations of the ordinances of said city before or after conviction, and to appoint a custodian or keeper thereof. Fugitives and escapes. Prison. Sec. 44. Be it further enacted, That said Mayor and Council shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials or 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 when otherwise provided in this charter) and shall be directed to the marshal of said city and to all and singular the sheriffs and constables of the State, and shall state for what issued, and made returnable to the mayor and council of said city ninety days after the issuing of the same; and it shall be the the duty of the marshal or other collecting officer to levy the same and advertise the sale of any real or personal property so levied upon, in the same manner as sheriff's sale of real property or constable's sale of personal property are required by law to be made. Any sales thereunder shall be made at the court house in said city and within the usual hours of sheriff's or constable's sales of similar property. Whenever any real estate is sold for taxes the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent. premium thereon and interest on said principal amount at the rate of seven per cent per annum. Whenever at any such sales for taxes due, no person present shall bid for the property put up for sale as much as the amount of such execution and all

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cost, after such property shall have been cried a reasonable time, then any fully authorized or appointed agent of the city may bid off such property for said city, and the marshal or such other officer making the sale, shall make the City of Doerun a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and valid after the period for the redemption by the owner shall have expired and the marshal or other officer making the sale shall put said city in possession, and the mayor and council shall have no right or authority to divert or alienate the title of the owner to any property so purchased, except by public sale to the highest bidder in the manner to be prescriped by ordinance of said city. Forms of accusations, executions, etc. Levies and sales. Titles. The clerk of said city shall keep on his execution docket to be kept by him, all executions issued, giving the date, amount of each, to whom delivered, the return and all proceedings thereunder; said execution after being satisfied shall be returned to the office of the clerk and there filed. All sales and conveyances made under executions as provided in this Act shall have all the force and effect of sales and conveyances made by sheriffs of this State, and the officer making the sale shall have the same power as sheriffs to put purchaser of property sold by them in possession. Execution docket. Sales. Sec. 45. Be it further enacted, That the Mayor and Council shall have full power and authority through a committee from its body or by appointment of any other person, in their discretion and at any time they deem proper, to examine into the working or conduct and business of any office or offices in said city, and shall have power and authority to demand, send for and compel the presence of all persons or the production of all books or papers, and to swear all persons summoned, as may be necessary or pertinent to said investigation. And it shall be the duty of the Mayor and Council prior to the first regular meeting of the Mayor and Council, in each year, by suitable

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committes, or otherwise, to examine and audit for the year ending December thirty-first preceding, all books, vouchers and papers of every official of said city, or of any board thereof charged with the collection, keeping or expenditure of any public funds. Investigations and audits. Sec. 46. Be it further enacted, That the Mayor and Council shall prescribe by ordinance how and by whom purchasers of supplies, materials and other necessary articles for said city or for any department thereof, shall be made or contracted in behalf of said city and no purchase or agreement or contract of purchase, made in any other manner or by any other person, then as prescribed in such ordinances, shall be valid or binding on said city. Purchase of supplies, etc. Sec. 47. Be it further enacted, That in case the Mayor or any Councilman while in office shall be guilty of malpractice or wilful neglect in office or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming him, or convicted and sentenced for violating any criminal law of this State involving moral turpitude, he shall be subject to be impeached by the Mayor and Council, or by Council in case of the Mayor, and upon conviction of not less than three votes shall be removed from office. Impeachment of councilman. Sec. 48. Be it further enacted, That it shall not be lawful for any official of said City of Doerun to be interested directly or indirectly in any transaction with, sale, or to work for or contract with the City of Doerun or any department of government or service of said city, involving the expenditure of any public funds of said city. Any violation of this section by the Mayor or any Councilman or other officer of said city, shall on cnviction thereof be punished as a misdemeanor under the laws of Georgia. Unlawful interest of official. Penalty. Sec. 49. Be it further enacted, That at the close of each fiscal year, the clerk of the city shall make and submit to the Mayor and Council at the first regular meeting in the year a full tabular statement of the assets and resources and liabilities of the city, with an itemized estimate of the

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probable receipts, and of the probable necessary expenses from the ending year, and shall from month to month at the regular meeting in each month of the mayor and council submit a statement of all appropriations and expenditures made or authorized by the mayor and council to the end of the preceding month chargeable against the estimated income for that year. Annual statement and estimate. Sec. 50. Be it further enacted, That any of the officers of Doerun, who may be sued for any act or thing done in his official capacity may be justified under this charter, and the provisions of this charter may be pleaded and shall be a full defence to any action brought against the mayor and council or other officers of said city, or either of them for any act or acts done by them or either of them under and in accordance with the ordinance passed in pursuance thereof. Jurisdiction under this charter. Sec. 51. Be it further enacted, That the Mayor and Council of said City of Doerun shall have the power and authority to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof and that they may deem necessary to foster and promote virture and good morals in said city; to suppress lewdness, gaming and disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized in this charter. The said Mayor and Council shall have full power and authority to adopt and enforce any and all ordinances they may consider advisable and necessary to carry out and execute the powers granted said city, and said mayor and council hereunder; to make and enforce such ordinances, rules and regulations for the government of their body and all officers of said city. and to do any and all other acts and exercise all the powers conferred upon them by this Act, or that may be done or exercise, under the laws of this State conferring powers of municipal corporations, and not inconsistent with the laws of this State. General welfare powers.

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Sec. 52. Be it further enacted, That the Mayor and Council of the City of Doerun shall have the power and authority, so that when it is necessary for said corporation to issue bonds for the purpose of erecting any electric plant, waterworks or other public improvements, to purchase any real estate, to erect any building for municipal purposes, to put in sewer pipes and to meet any extraordinary debt, the Mayor and Council shall pass an ordinance setting out clearly and fully the object and purpose of issuing bonds the amount of bonds to be issued, and when and how to be paid. Said ordinance shall also provide for an election by the voters within said corporation, specifying when said election shall be held. Bond issue for public improvements. Sec. 53. Should an election for the purpose of issuing bonds to improve the present water and light plant or system or to pay off any indebtedness on same be desired, the present Mayor and Council or any succeeding Mayor and Council, is hereby vested with full power and authority to call such elections and to hold same, declare the result and issue such bonds as may be carried in said election under the provisions of this Act, and the present mayor and Council, or any succeeding Mayor and Council, is hereby given full power and authority to hold such an election, issue such bonds as may be carried, and to levy such tax upon all real and personal property in said city in their discretion they deem necessary to pay off said bonded indebtedness or interest on same and to levy and collect such tax upon all real and personal property in said city to pay off the present bonded indebtedness of the town of Doerun together with interest on same; and to do any and all other acts or things that may be necessary in the issuance of such bonds under the laws of this State and not inconsistent therewith. Election for bond issue. Bond tax. Sec. 54. Be it further enacted, That when an election has been ordered to authorize an issue of bonds, the full ordinance authorizing same shall be posted at three of the most public places in said city for a period of thirty days

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before said election is held. At said election all qualified voters shall be entitled to vote. Those favoring the issue of bonds shall have written or printed on their ballots For Bonds. Those opposing the issue of bonds shall have written or printed on their ballots Against Bonds. Two-thirds of the voters legally authorized to vote shall be cast for bonds in order to authorize the issuing of bonds, provided only one election shall be held each year for the same purpose, but any issue of bonds may be submitted again at any time after one year. Should the bond issue carry at an election held as above provided, then the mayor and council shall have power to appoint a number of citizens, in their discretion, who shall be known as the water and light board, and the mayor and council shall fix by ordinance, the manner of electing the number to serve on said board and the length of the term of office of each and their compensations and powers. Posting of ordinance. Ballots. Resubmission. Water and light board. Sec. 55. Be it further enacted, That all ordinances, by-laws, rules and regulations heretofore adopted by the mayor and council of the town of Doerun, which are now in force and are not inconsistent with nor repugnant to any provisions of this Act shall remain in force and effect under this charter, until repealed, altered or amended by the mayor and council. Ordinances of force. Sec. 56. Be it enacted, That authority to carry out and effectuate by ordinance, and provide penalties for violations thereof, whenever in their discretion the mayor and council may deem it necessary, and all further powers granted to said City of Doerun as re-incorporated under this Act be, and are, expressly conferred on the mayor and council of said city now in office, and their successors. Powers conferred. Sec. 57. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved August 19, 1922.

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DONALSONVILLE CHARTER AMENDED. No. 399. An Act to amend an Act creating a new charter for the town of Donalsonville, in Decatur (now Seminole) County, approved August 20, 1906, Acts of 1906, pages 682 to 707 inclusive, so as to strike the word town whereever it appears in the caption of said Act and in each and every section of said Act where the said word town', appears, and insert in lieu thereof the word city, so that said place of Donalsonville, Seminole County, formerly Decatur County, will become incorporated or chartered as a city and not as a town; to confirm the acts and doings of the Mayor and Aldermen of the town of Donalsonville as the acts and doings of the Mayor and Aldermen of the City of Donalsonville; to extend and define the corporate limits of said City of Donalsonville; to provide for a permanent list of registered voters for the City of Donalsonville; to prescribe the terms of office of the Mayor and Aldermen of the City of Donalsonville, and the date on which the election of said officers shall be had; to grant the Mayor and Aldermen of the City of Donalsonville authority to grade, pave, and otherwise improve Second and Cherry streets, Wiley, Woolfolk and Tennille avenues in said city, and provide means for assessing the cost of such improvements to the abutting property owners, and to enforce the collection of the same; also, with the consent of the owners of a majority of the abutting property frontage, to grade, pave and otherwise improve any and all streets within the said city, and to provide means of assessing the cost of such improvements and the collecting the same out of the abutting property owners; also to authorize the mayor and aldermen of the City of Donalsonville to grade, pave and construct sidewalks on any and all streets within said city, and to provide means for assessing the cost thereof to the abutting property owners, and to enforce collection 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 authority of the same, That from and after the passage of this Act that an Act entitled an Act creating a new charter for the town of Donalsonville, in the County of Decatur formerly, but now Seminole, approved August 20, 1906, Acts of 1906, pages 682 to 707 inclusive, be, and the same is, hereby amended as follows: Act of 1906 amended. That wherever the word town appears in the caption of said Act of 1906 as aforesaid, and in each and every section of said Act where the said word town appears, the said word town is by this Act stricken out and the word City is inserted in lieu thereof, so that said place Donalsonville, in Seminole County, formerly Decatur County, after the passage of this Act shall be incorporated or chartered as a city and not as a town. Town changed to city. Sec. 2. Be it further enacted, That the laws and ordinances heretofore enacted by the mayor and aldermen of the town of Donalsonville, and any and all contracts heretofore made by the said mayor and aldermen of the town of Donalsonville, shall have the same force, effect and validity in and against the City of Donalsonville as the same might be in and against the town of Donalsonville, except, as said laws and ordinances may from time to time be repealed, altered or amended by the mayor and aldermen of the City of Donalsonville. Ordinances and contracts of force. Sec. 3. Be it further enacted, That the corporate limits of the City of Donalsonville shall be a square and described as follows: The boundary lines shall run north and south and east and west, with the intersection of Tennille avenue and Third street in the City of Donalsonville as a center draw line north, east, south and west, five-eights of a mile each, the same to bisect equally the north, east, south and west lines of a square, the sides of which are one and one-fourth (1) miles each, and the territory situated in said square

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to be the City of Donaldsonville, and the lines of said square to be the north, east, south and west boundary lines or corporate limits of the City of Donalsonville. Territorial limits. Sec. 4. Be it further enacted by the authority aforesaid, That the term of office of the mayor of the said City of Donalsonville shall be two years and until his successor is elected and qualified, the first election hereunder to be held on the second Tuesday in December, 1922, and biennially thereafter, the said term of office to begin on January first thereafter; and on the same date as the election for mayor, two aldermen shall be elected for the term of one year each, their successors to be elected on the second Tuesday in December, 1923, and two aldermen to be elected biennially thereafter, and on the same date as the election for mayor, two aldermen shall be elected for the term of two years, and two aldermen elected biennially thereafter; the terms of office of said aldermen to begin on January first after their election. Terms of office. Sec. 5. Be it further enacted by the authority aforesaid, That in addition to the registration list heretofore provided, the Clerk of the City Council shall keep a permanent list of the registered voters of said City, and no voter whose name is registered therein shall be required to again register so long as said voter may continue his or her citizenship in said City of Donalsonville. List of registered voters. Sec. 6. Be it further enacted, That the Mayor and Aldermen of the City of Donalsonville are hereby authorized and empowered to grade, pave, construct and otherwise improve Second and Cherry streets in said City; also to grade, pave, construct or otherwise improve that portion of Wiley Avenue between the Atlantic Coast Line Railroad tracks on the north, and Third Street on the south, in said city; also to pave, grade, construct or otherwise improve that portion of Woolfork Avenue which lies between Second Street on the north and Fifth Street on the south; also to pave, grade, construct or otherwise improve Tennille

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Avenue on that portion lying between the Atlantic Coast Line Railroad tracks on the north and Fifth Street on the south; and said Mayor and Aldermen of the City of Donalsonville are authorized to do such grading, paving, constructing or otherwise improving Second and Cherry streets and the portion of Wiley, Woolfolk and Tennille Avenues, whenever in their discretion they may regularly so decide by ordinance or by resolution at any regular meeting or call meeting of the Mayor and Aldermen of the City of Donalsonville, and may in the same manner determine the nature and extent of the grading, paving and other improvements to be done and the kind of material to be used for the same; and said Mayor and Aldermen of the City of Donalsonville shall further have the power to ornament said streets by converting such portion or portions of the same as they may see fit into parks, or otherwise ornamenting said streets and avenues; and said Mayor and Aldermen of the City of Donalsonville shall have the power to pass suitable ordinances and resolutions for carrying into effect the provisions of this section. Street improvements. Sec. 7. Be it further enacted, That the Mayor and Aldermen of the City of Donalsonville shall have the power and authority, by ordinance or resolution, to effect the construction, grading, paving, and other improvements on the aforesaid Second and Cherry streets, Wiley and Woolfolk and Tennille avenue, as provided in the foregoing section, and shall have the full power and authority to assess two-thirds of the cost to the abutting property owners on the two sides of said streets and avenues so improved, one-third only of such costs to be charged to the abutting property owners on each side of the streets or avenue so improved, and each property owner to pay only his pro rata portion of the entire cost on his particular street according to the lineal frontage of the property owned by him on the portion of streets or avenue so improved; and said Mayor and Aldermen of the City of Donalsonville shall have the power to enforce the collection of each property owner's

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pro rata portions of the cost of grading, paving or otherwise improving such streets or avenues by assessing same against all of the property of said property owner within the incorporate limits of the City of Donalsonville, and each assessment shall be collected by execution to be issued by the clerk of the city council of said city, and bearing attest in the name of the mayor, and which shall be levied by the city marshal upon sufficient property to realize the amount due the city for such improvement or improvements; and after advertisement as in such cases of sale for city taxes, the property levied upon may be sold by the marshal at public outcry to the highest bidder, and the marshal shall so convey the property so sold to such bidder by deed, and the same shall vest title absolutely in such bidder, the proceeds of the sale to be applied in payment of the amount due on such execution and the cost of the sale, including the advertisement, and the residue, if any, to be paid over to the owner of the property so sold. Assessments for street improvements. Execution, levy and sale. Sec. 8. Be it further enacted, That whenever the said streets and evenues referred to in sections 6 and 7 of this Act are paved or otherwise improved as therein provided for, and two-thirds of the cost thereof are assessed to the abutting property owners as therein provided for, the remaining one-third of the cost of said streets and avenues so graded, paved or otherwise improved shall be paid for by the municipality from any funds which it may have on hand for street work or improvements. One third payable by city. Sec. 9. Be it further enacted, That whenever the Mayor and Aldermen of the City of Donalsonville have been presened with a petition or agreement signed by the owners of the majority of the property frontage on any particular street, avenue or block anywhere within the incorporate limits of the City of Donalsonville, requesting them to do so, the said Mayor and Aldermen of the City of Donalsonville shall have the power to grade, pave, macadamize or otherwise improve any or all of the streets within the incorporate

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limits of the City of Donalsonville and shall have the power to assess two-thirds of the cost of so improving any street or avenue from sidewalk curb to sidewalk curb, against the abutting property owners on each respective side of the street so graded, paved, macadamized or otherwise improved, in proportion to the lineal frontage of the property abutting upon the street or avenue so improved; and when the said Mayor and Aldermen of the City of Donalsonville has been so petitioned, or the proposed improvements have been agreed upon in writing as aforesaid, the said Mayor and Aldermen of the City of Donalsonville shall have the power to provide for the proposed improvements by ordinance or resolution, and shall have the power to make the desired improvement and to enforce collection of each property owner's pro rata part of the cost thereof in the same manner as provided for the collection of assessment for grading, paving and improving Second and Cherry streets, Wiley, Woolfolk and Tennille avenues, as provided for in sections 7 and 8 of this Act. Power exercised on petition or agreement of owners of property. Sec. 10. Be it further enacted, That the said Mayor and Aldermen of the City of Donalsonville shall have the power to grade, construct and pave any or all sidewalks within the incorporate limits of the City of Donalsonville, Georgia, at any time when in their judgment they deem it best, and may so declare by ordinance or resolution passed at any regular or call meeting of said Mayor and Aldermen of the City of Donalsonville, and they shall have the power to determine what material is best and most suitable to be used in making the improvements to the sidewalks aforesaid, and they shall have the power to assess the entire cost of so improving the sidewalks, including curbstones, against the owners of the property immediately abutting upon said sidewalks according to the frontage of the property so owned and abutting upon the improved sidewalks, and said Mayor and Aldermen of the City of Donalsonville shall have the further power to enforce the collection of the cost of so improving or building sidewalks

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by the issuance of executions to be signed by the Clerk of the City Council, bearing attest in the name of the mayor, and which shall be levied upon the abutting property by the marshal and sold as in the case of collection of city taxes, and in the same manner as is provided for the collection of the streets and avenues improvement assessments in section 7 of this Act, except that said executions shall never be levied upon any property except the property immediately abutting upon the improvd sidewalk. Sidewalks. Assessment of cost. Sec. 11. Be it further enacted, That the terms of this Act shall not be effective until ratified by a majority of the qualified voters participating in either a special election called for the purpose, or in a general election in which the subject matter of this Act is submitted. Act to be ratified by popular vote. Sec. 12. Be it further enacted, That general counsel of the town of Donalsonville shall call a special election, said election to be held not later than Sepember 15, 1922, for the purpose of submitting the provisions of this Act to the qualified voters of the town of Donalsonville. Election. Sec. 13. Be it further enacted that said general counsel of the town of Donalsonville is authorized and empowered to prescribe the method of holding said election, time and place thereof, and shall cause to be printed official ballots to be used in said election. The following stipulation shall appear on said ballots, For charter amendments as enacted at the 1922 session of the General Assembly relating to the town of Donalsonville. Against Charter amendments as enacted at the 1922 session of the General Assembly relating to the town of Donalsonville. Ballots. Sec. 14. Be it further enacted, That all laws and parts of laws in conflict herewith, be, and the same are hereby repealed; and that if any section or sections or parts thereof of the provisions of this Act be declared 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

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other than the part so decided to be unconstitutional or invalid. Invalid part ineffective. Approved August 19, 1922. DOUGLAS MAYOR AND COUNCILMEN. No. 498. An Act to amend an Act approved December 30, 1899, entitled An Act to create a new charter for the City of Douglas, in the County of Coffee, and to consolidate and declare the rights and powers of said corporation and for other purposes, and the amendatory acts thereof, so as to provide for the election of one councilman from each of the four political wards of said city, and two members of council from the city at large; two to hold office for one year; two to hold office for two years, and two to hold office for three years, and thereafter for the election of two members of council each year for a term of three years; to provide that the term of the Mayor of said city shall be two years; to provide for salary for said Mayor and members of Council, 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 an Act approved December 20th, 1899, granting a new charter to the City of Douglas, and the amendatory Acts thereof, be, and the same are hereby amended as follows: Section 1. From and after the first Monday in January, 1923, the municipal government of the City of Douglas shall be vested in a Mayor and a Board of Aldermen consisting of six members, to be elected when, in the manner, and for such terms as hereinafter provided. Act of 1899 amended. Mayor and aldermen. Sec. 2. At the next regular election after the passage of his Act, to be held as provided by such rules and regulations as now govern said city, except as herein modified,

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there shall be elected one member of council from each of the political wards of said city, and two members of council from said city at large, whose terms of office shall begin on the first Monday of January 1923; two to expire in one year, two to expire in two years, and two to expire in three years, such expirations to be determined as hereinafter provided. Election and terms. Sec. 3. The two persons elected who shall receive the largest number of votes cast in said election for members of council shall hold office for a period of three years; the two persons elected, who shall receive the next largest number of votes in said elction shall hold office for a period of two years; and the two persons elected receiving the third largest number of votes in said election shall hold office for one year. If it shall happen that no two candidates of the six successful ones shall receive a larger vote than the other four then the six successful ones shall determine by lot which two of the six successful ones shall hold office for three years, and which two of the successful ones for two years. If two of the successful candidates shall receive a larger vote than the other four successful ones, then such two shall be deemed to have been elected for a term of three years. If no two of the latter four shall receive a larger number of votes than the other two, but the four receive an equal number of votes, then the four shall determine by lot which two shall hold office for two years, and which for one year. If one of the latter four shall receive a larger number of votes than the other three, then such one shall be deemed to have been elected for a term of two years and the other three shall determine by lot which one shall hold office for two years, and which for one year. When the respective terms of office have been determined, as herein provided, then the respective successful candidates shall hold office for the respective terms for which they have been chosen and until their respective successors shall have been elected and qualified. Terms of office. Sec. 4. At the election referred to in section two hereof there shall be elected a mayor, whose term of office shall

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be two years, and until his successor shall have been elected and qualified. Mayor's term. Sec. 5. After the election referred to in section two hereof there shall be elected each year at the regular election, two members of council to succeed members whose terms expire at the end of such year, and whose term of office shall be three years, and until their respective successors shall have been elected and qualified. And on each second year thereafter at the regular elction, a Mayor shall be elected, whose term of office shall be as provided in section four hereof. Election each year. Sec. 6. The salary of the Mayor shall be two hundred and fifty)$250.00) dollars per year, and the salary of each member of Council shall be one hundred and twenty ($120.00) dollars per year. Salaries. Sec. 7. A person must have been a citizen of said city at least six months next preceding the date of his or her election; at least twenty one years of age, must have paid all taxes due and demanded, except for the year in which the election is to be held, and must be a qualified voter of said city, to be eligible to be elected mayor or a member of council of said city. Eligibility. Sec. 8. The Mayor and Council shall elect a Board of Registrars of the city of Douglas, consisting of three members, who shall be freeholders and reside within the corporate limits of said city, who shall perform the duties hereinafter enumerated. Registrars. Sec. 9. The clerk of the council shall, as soon as possible after the registration book is closed, make up an alphabetical list of all persons registered, showing their names, occupation and ages, which shall be submitted to the Board of Registrars of said city, and said list shall be by said Board of Registrars, purged of all persons not qualified to vote in the next municipal election of said city. List of registered voters. Sec. 10. The Board of Registrars shall complete their work of purging said list of voters not qualified to vote, and

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deliver the revised list of voters to one of the managers appointed for the holding of any election at least ten days before such election. Sec. 11. Only persons whose names shall appear on the revised list of voters herein provided for shall be allowed to vote at any such election. Managers of elections. Sec. 12. The mayor and council, at least fifteen days before the date of any election to be held in said city of Douglas, shall appoint or elect for each voting precinct in said city three upright and intelligent freeholders, residents of said city, to be managers of such election, and shall at the same time appoint or elect any and all necessary clerks for said managers. The laws now of force in said city relative to oaths of electing officers and the place and method of holding such elections, and the announcements of the results thereof, shall continue in force. Permanent registration. Sec. 13. Beginning with the registration of voters for the general election for the year 1922 under the existing provision for registration in said city, the name of all such voters who shall finally be placed on the voter's list for said city by the clerk of the council or by the board of registrars; and the names of other voters, whose names shall appear on registration or voters lists for other municipal elections, shall from time to time be placed on such permanent registration list aforesaid. When any person's name shall have been placed on said permanent registration lists, it shall not be necessary for such person to register again in order to be entitled to vote at any city election as long as such person shall be otherwise entitled to vote; and the name of such persons, as long as he or she may be entitled to vote under the provisions governing elections for said city, shall be placed on the voters' list for all city elections. However it shall be the duty of the clerk of the council, or the board of registrars before a voters' list is made up for any municipal election to canvas the permanent registration list herein provided for; and if it shall be decided that any person whose name appears thereon, shall have become disqualified since his or her name was

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placed thereon, such person shall be given five days written notice to show cause why his or her name should not be stricken from said list, such notice to state the date when he or she may be heard; and if by said date such disqualification shall not be removed, or if on such hearing it shall appear that such person is disqualified, then his or her name shall be stricken from such permanent registration list. Mailing of notice to the address of the voter, as shown by such list, shall be presumption notice as of date of mailing, but such presumption may be rebutted by proof. Canvass and purging of list. Notice. Sec. 14. All laws and parts of laws in conflict with this Act are hereby reapealed. Approved August 19, 1922. EAST POINT POLICE DEPARTMENT. No. 447. 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, and the several Acts amendatory thereof, so as to provide that the police department and the officers thereof shall work and serve under the civil service rules or plan; to authorize and empower the City Council of said City of East Point to prescribe such rules and regulations for the governing of said police department, and the officers and members thereof, as in their judgment may be necessary and advisable; to provide that the members or officers of said police department shall hold office, when elected by the city council and qualified, until removed for cause; to provide for the submission of this Act to the qualified voters of said City of East Point at an election held as required by law for the purpose of ratifying or rejecting 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 same, That the Act approved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton,

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and the several Acts amendatory thereof, be and the same are hereby amended by striking all of sections 18 and 19 of said original Act as appears on pages 873 and 874 of the Acts of the General Assembly of Georgia for the year 1912, and inserting in lieu thereof the following: Act of 1912 amended. That the police force of the City of East Point shall consist of a chief of police, and such other officers and men as the city council may by ordinance prescribe. They shall take an oath to faithfully and impartially discharge the duties imposed on them by the laws of the State and the ordinances of said city, and shall give such bond as may be required of them by the city ordinances. Said chief of police, officers and men shall be elected on the first Tuesday in February, 1923, or prior to that date, if said chief officers and men shall resign their present term or if for any cause there should be a vacancy, and when so elected shall serve without any fixed term of employment. Said chief of police, officers and men so elected shall serve during good behaviour and efficient service, both of which to be judged by the city council. Said city council shall be authorized at any time to discharge the chief of police, officers or men or other employees of their department, without any liability attaching to the city on account of said discharge. Said city council shall furthermore establish rules and regulations for said police department under the civil service plan, and all officers and employees thereof shall serve under civil service rules during good behavior and efficient service, to be finally and exclusively judged by said city council. The compensation of all officers and employees of said police department shall be prescribed by ordinance and shall not be increased or diminished during any fiscal year of said city. No extra pay or costs shall be made to any officer or member of said department. It shall be the duty of said officers to make arrests of any persons violating the ordinances of said city, with or without summons, and also with or without warrant. They shall likewise make arrests of any persons who have violated the

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law of this State, and their arrests for such violations are hereby authorized, either with or without warrants therefor. They shall perform such other duties as may be imposed by the laws of this State and ordinances of the city council. For a failure to perform any duty required by law or the ordinances of said city, or the rules and regulations as prescribed by the city council, the officers and members of said department shall be subject to suspension, either definitely or indefinitely, or removal from office by the decision of said city council, whose decision shall be final; and when said officers or members are dismissed no liability shall attach to said city for any further compensation. The manner of preferring charges against any officer or member of said department, and the manner of their trial, shall be prescribed by ordinance of said city council shall provide for appointments to fill the vaployee of said department may be suspended in the manner prescribed by ordinances of said city council until the next regular meeting of said city council or a called meeting for that purpose, when a hearing may be had and sentence adjudged. In the event any officer or member or employee of said department shall be suspended, said city council shall provide for appointments to fill the vacancies during the suspension of the officer or member or employee. The city council is hereby authorized and empowered, by ordinance to establish, for the department of police, civil service rules and regulations, to the end that officers, members and employees shall serve during good behavior and efficient service, and to be promoted according to efficient service and length of time employed in said department; all of which to be judged of by said city council. Said police officers shall have power and authority to confine all persons arrested in the city prison or in the common jail of Fulton County, and bring them before the Recorder's Court for trial or commitment; provided that all persons, not intoxicated, desiring to give bail for their appearance before such recorder's court in bailable cases, shall be allowed to do so. The amount of the bail may be

Page 798

fixed by the mayor or recorder, and in their absence or failure to do so by the chief of police. It shall be the duty of the chief of police, either upon written or verbal notice from the mayor or any member of the city iouncil, to prosecute all offenders against the laws of this State committed within the corporate limits of said city. In case any crime is committed in the presence of the chief or comes to his knowledge, it shall be his duty to prosecute the same without such notice. Police force. 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 said City of East Point at an election to be called by the city council for such purpose, and upon such notice as may be deemed necessary and proper by said city council, and if a majority of those voting at said election approve of this amendment, then each and all of the provisions of this Act shall become effective on the first Tuesday in February, 1923; but if a majority of those voting shall 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 amendment placing police department under civil service plan, and those apposed shall have written or printed on their ballot the words, Against amendment placing police department under civil service plan. Said election shall be held in the same manner that elections for mayor and councilmen are held, and the managers of said election shall make their returns to the city council who shall receive same and declare the results thereof, which shall be entered on the minutes of the city council. The city council is hereby authorized to fix the date of said election, at any time before February 1, 1923, and to give such notice of the time and place of said election as in the discretion of said city council may be proper. This Act to be ratified by popular vote. Ballots.

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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 15, 1922. EAST POINT SCHOOL BONDS. No. 523. 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, and the several Acts amendatory thereof, so as to authorize and empower the said City of East Point to improve or make additions to the present public school buildings, to build and erect such new school building or buildings as may be deemed necessary by the proper officers of said city; to authorize and empower the governing officials of said city to issue and sell bonds of said City of East Point in the sum of seventy-five thousand dollars, and to use the proceeds from the sale of said bonds for said purpose; to authorize and empower the officials of said City of East Point to submit the question of issuing said bonds and creating said indebtedness for said purpose to the qualified voters of said city at an election to be held for that purpose as required by law; to authorize and empower said City of East Point to levy and collect an annual tax on all property in the corporate limits thereof for the purpose of redeeming said bonds in thirty equal annual installments, and to pay the interest on all of said bonds annually; to authorize and empower said City of East Point to purchase or condemn property for said purpose; to create a commission to consist of five free-holders of said City of East Point, who are residents thereof, to have charge and control of the proceeds from the sale of said bonds and to have charge and control of improving the present school buildings and the erection of such new school building or buildings as may be deemed

Page 800

necessary by said commission; to provide for the election of said commissioners and to define the duties. powers and authority of same. Also to authorize and empower the said City of East Point to improve and make extensions to the present waterworks system or plant; to purchase such land and water rights and privileges by contract or by condemnation proceedings as prescribed by law, either in or outside the corporate limits of said city, as may be necessary for said purpose; to build, erect and maintain such dam or dams across natural streams for the purpose of accumulating water; to buy and erect such machinery and equipment as may be necessary for said purpose; to authorize and empower said City of East Point to issue and sell bonds in the sum of seventy-five thousand dollars and use the proceeds from the sale of said bonds for the purpose of improving and extending said water works system; to authorize and empower said city to levy and collect an annual tax on all property within the corporate limits thereof for the purpose of redeeming said bonds in thirty equal annual installments and to pay the interest on all of said bonds annually, to authorize and empower said City of East Point to submit the question of issuing said bonds and creating said indebtness for said purpose to the qualified voters of said city at an election to be held as required by law; 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 aproved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton, and the several Acts amendatory thereof, be and the same are hereby, amended and the said City of East Point is hereby authorized and empowered to improve or make additions to the present public school buildings, and to build and erect such new public school building or buildings as may be deemed necessary by the proper officers of said city. Act of 1912 amended. School buildings.

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Sec. 2. Be it further enacted by the authority aforesaid, That the governing authorities of said City of East Point be, and they are, hereby authorized and empowered to issue and sell bonds of the said City of East Point in the sum of seventy-five thousand dollars, in such denominations as may be determined by the said city authorities, and use the proceeds from the sale of same for the purpose aforesaid. One-thirtieth of the principal amount of said bonds shall mature annually, and the same shall bear interest at the rate of not more than five per cent., per annum, and the interest on all of said bonds shall be paid annually. Bond issue. Sec. 3. Be it further enacted by the authority aforesaid, That the governing authorities of the said City of East Point be and they are hereby authorized to levy and collect an annual ad valorem tax on all property in the corporate limits of said city for the purpose of providing a sinking fund for redeeming said bonds in thirty equal annual installments, and to pay the interest on all of said bonds annually. Bond tax. Sec. 4. Be it further enacted by the authority aforesaid, That the governing authorities of said City of East Point be and they are hereby authorized and empowered to purchase or take by condemnation proceedings in the manner prescribed by law, such property as may be necessary to build and erect such new school building or buildings, or to install such equipment in said school buildings as may be deemed necessary by the governing authorities of said city. Condemnation of property. Sec. 5. Be it further enacted by the authority aforesaid, That a commission, to consist of five male freeholders of said city, who are residents thereof, be and the same is hereby created. One of said commissioners shall be elected or appointed by the City Council, one by the Board of Education, and one from each of the three wards of said city shall be elected by popular vote. Said board of commissioners shall elect their own chairman and secretary. Said commissioners shall have exclusive charge and control of the proceeds of the sale of said bonds, and shall have exclusive

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charge and control of improving the present school buildings and the erection of such new school building or buildings as in their judgment may be necessary and proper. It shall be the duty of said commission, when so requested, to render a full and complete report to said City Council of all their actings and doings, and showing the amount of money on hand from the proceeds of the sale of said bonds, where the same is deposited, and what amount has been expended and for what particular purpose. Bond commissioners. Sec. 6. The City Council of East Point shall, within sixty (60) days from the date of the validation of the bonds herein provided for, call and hold an election in each of the three wards of the said city for the purpose of electing a commissioner from each of said wards to serve on said commission herein created, and any male freeholder residing in any one of said wards of the age of twenty-one years or more, shall be eligible to hold the office of commissioner from his ward, and the person receiving a majority of the votes in any one of said wards shall be declared elected to act as commissioner from his ward. Notice of said election shall be published in a newspaper published in the City of East Point one time at least ten days before said election; or if there be no such newspaper, notice shall be posted in each of said wards at least ten days before said election. it shall also be the duty of the said City Council to elect or appoint one of said commissioners within sixty days from the date of the validation of said bonds, and shall be the duty of the Board of Education to elect or appoint one of said commissioners within the same time. Election of commissioners. Notice. Sec. 7. Be it further enacted by the authority aforesaid, That the City of East Point be and it is hereby authorized and empowered to improve and make such extensions to the present waterworks system or plant of the said city as may be deemed necessary by the City Council; to purchase such land and water rights and privileges by contract or by condemnation proceeding, in the manner prescribed by law, either in or outside the corporate limits of said city as

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may be necessary for said purpose; to build, erect and maintain such dam or dams across natural streams for the purpose of accumulating water; to buy and erect such machinery and equipment as may be necessary to convey water to said city, and do any and all things necessary for the purpose of making such extensions and improvements and additions to the present waterworks system as may be deemed necessary by the City Council. Extension of waterworks. Sec. 8. Be it further enacted, That the said City of East Point be and it is hereby authorized and empowered to issue and sell bonds in the sum of seventy-five thousand dollars in such denomination as may be deemed proper in the discretion of the City Council, and to use the proceeds from the sale of same for the purpose of improving, extending and making such additions to the waterworks system as may be deemed necessary by the City Council. One thirtieth of the principal amount of said bonds shall mature annually, and the same shall bear interest at the rate of not more than five per cent. per annum, and the interest on all of said bonds shall be paid annually. Bond issue. Sec. 9. Be it further enacted, That the City Council of said City of East Point be and it is hereby authorized and empowered to levy and collect an annual ad valorem tax on all property within the corporate limits of said city for the purpose of providing a sinking fund for redeeming said bonds in thirty equal annual installments, and to pay the interest on all of said bonds annually. Bond tax. Sec. 10. Be it further enacted, That none of the two issue of said bonds herein provided for, if issued, shall be sold below par, and the principal and interest of same shall be payable in gold coin of the United States of the present standard of weight and fineness. No bond sale below par. Payable in gold. Sec. 11. Be it further enacted by the authority aforesaid, That the City Council of said City of East Point be and it is hereby authorized and empowered to call and hold an

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election, as required by law, for the purpose of submitting to the qualified voters of the said City of East Point the question of issuing said bonds and creating the indebtedness for the purpose herein provided for. Bond election. Sec. 12. Be it further enacted, That said election shall be held and governed by the same rules and regulations as govern the election of the Mayor and Council of said City of East Point, and the qualification of the voters shall be the same, and the returns of said election shall be made, determined and declared in the same manner as prescribed for the election of Mayor and Council of said city. Election regulations. Sec. 13. Be it further enacted, That notice of said election shall be published in a newspaper published in the City of East Point at least once a week for two weeks before the election is held; or if there be no such newspaper, then notice of such election shall be posted in at least three conspicious places within the corporate limits of said city at least fifteen days prior to the election. Notice. Sec. 14. Be it further enacted by the authority aforesaid, That the same ballot may be used for voting on both issue of the bonds herein provided for; provided that those favoring the issue of bonds for the purpose of improving the present public school buildings and building such new school building or buildings as may be deemed necessary shall have written or printed on their ballots, For the Issuance of School Bonds, and those opposed shall have written or printed on their ballots Against the Issuance of School Bonds, and those voting in favor of the issue of bonds for the purpose of improving and extending the waterworks system or plant of said city shall have written or printed on their ballots, For the Issuance of Waterworks Bonds, and those opposed shall have written or printed on their ballots Against the Issuance of Waterworks Bonds. Ballots.

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Sec. 15. Be it further enacted by the authority aforesaid, That two-thirds majority of those voting shall be necessary to carry the election for the issuance of said bonds for either purpose as herein provided. Sec. 16. Be it further enacted by the authority aforesaid, That all laws ar parts of laws in conflict with this Act be, and the same are hereby repealed. Votes necessary. Approved August 19, 1922. EAST POINT WARD DIVISIONS. No. 469. 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, and the several Acts amendatory thereof, whereby said City of East Point shall be divided into three wards, to be known as the First Ward, Second Ward, and Third Ward, respectively; to define the boundaries of said wards; to provide for the election of two aldermen from each of said wards and the mayor by the voters of all of said wards; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Act approved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton, and the several Acts amendatory thereof, be and the same are hereby amended by dividing the territory lying within the corporate limits of said City of East Point into three separate wards, to be known as the First Ward, Second Ward, and Third Ward, and the boundaries of said wards shall be as follows: Act of 1912 amended.

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The First Ward shall consist of all that territory in the corporate limits of said City of East Point, lying west of the Atlanta and West Point and Central of Georgia rialroad tracks and north of Cleveland avenue, in said City of East Point, to where said Cleveland avenue intersects with Church street; and west of Church street the dividing line between said first and second wards shall be Beech street. The Second Ward shall consist of all territory in the corporate limits of said City of East Point lying west of the Atlanta and West Point railroad tracks and south of Cleveland avenue to where it intersects with Church street, and west of Church street the dividing line between the first and second wards shall be Beech street. The Third Ward shall consist of all territory in the corporate limits of said City of East Point lying east of the Atlanta and West Point and Central of Georgia railroad tracks to where said two railroad tracks divide near Cleveland avenue in said City of East Point, and north of the junction of said two railroads, the western boundary line of said third ward shall be the Atlanta and West Point railroad tracks. Boundaries of wards. Sec. 2. Be it further enacted by the authority aforesaid, That each of said three wards shall be entitled to two aldermen or councilmen to represent the same in the city council of said City of East Point, one to be elected by the voters of each ward on the second Tuesday in January, 1923, and one on the second Tuesday of each year thereafter for a term of two years, and no person shall be eligible to the office of alderman except from the ward in which such person resides. The mayor of said city shall be elected as heretofore by all the voters of all of said wards. Two aldermen from each ward Mayor. Sec. 3. Be it further enacted by the authority aforesaid, That all the present aldermen shall hold their offices until the expiration of their terms; provided, however, that after the expiration of the terms of the present aldermen should any alderman remove his residence from the ward

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he represents he shall be ineligible to hold office as alderman from that particular ward, and the city council shall call and hold an election within thirty days from the date of removal of said alderman to fill such vacancy and until his successor is elected and qualified said alderman shall continue to hold his office. Fifteen days notice shall be given of said election in such manner as may be prescribed by the city council and the residents of the ward only in which the vacancy occurs shall be eligible to vote in said election. Terms of office. Elections to fill vacancy. Sec. 4. Be it further enacted by the authority aforesaid, That in the event any one of said wards shall be without an alderman at the time of the election on the second Tuesday in January, 1923, or at any subsequent election, said ward shall be allowed to elect two aldermen, provided that one of whom shall be elected for a term of one year only, and the ward having more than one alderman at the time of said elections shall not be entitled to elect one, so that the terms of the aldermen shall expire in alternate years. Terms to expire in alternate years. Sec. 5. Be it further enacted by the authority aforesaid, That should any vacancy occur from any cause in the office of any of said aldermen the city council shall call and hold an election within thirty days from the date of such vacancy to fill such vacancy and shall give at least fifteen days notice of said election in such manner as may be prescribed by the city council; provided, however, that should a vacancy occur within three months of the expiration of the term of such alderman said vacancy shall be filled by an election by the city council. Vacancies, how filled. Sec. 6. Be it further enacted by the authority aforesaid, That all elections in said City of East Point shall be the same as heretofore provided by the charter of said city; except as herein provided; and all elections shall be held at the same time and place as provided in said city charter. Elections.

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Sec. 7. 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 said City of East Point at an election to be called by the city council for such purpose, and upon such notice as may be deemed necessary and proper by said city council, and if a majority of those voting at said election approve of this amendment, then each and all of the provisions of this Act shall become effective on the day following said election, but if a majority of those voting 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 Amendment Dividing the City into Wards, and those opposed shall have written or printed on their ballot the words, Against Amendment Dividing the City into Wards. Said election shall be held in the same manner that elections for mayor and councilmen are held, and the managers of said election shall make their returns to the city council who shall receive same and declare the results thereof, which shall be entered on the minutes of said city council. The said city council is hereby authorized to fix the date for said election, and to give such notice of the time and place of said election as in the discretion of said city council may seem proper. This Act to be ratified by popular vote. Ballots. Sec. 8. 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 15, 1922. EASTMAN CHARTER AMENDED. No. 464. An Act to amend an Act to create a new charter for the City of Eastman, consolidate the Acts relating to the

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rights and powers of said corporation; to enact amendments thereto, and for other purposes, approved August 6th, 1921; said amendments to prescribe the jurisdiction of the Recorder's Court of the City of Eastman, provide for the collection of paving assessments by the authorities of said city in annual installments; to change the method of handling the finances of said city, provide that the real estate and waterworks of said city shall not be sold except upon a majority vote of the qualified voters of said city; to provide for the election of five councilmen annually, all councilmen to be elected for terms of one year only; to further define the duties and powers of the city council, and the city manager, 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 5 of an Act to amend an Act to create a new charter for the City of Eastman, consolidate the Acts relating to the rights and powers of said corporation, to enact amendments thereto, and for other purposes, approved August 6th, 1921, be and the same is hereby amended by striking the entire section 5, and substituting in lieu thereof the following: Act of 1921 amended. On the third Wednesday in November, 1922, there shall be held an election for two councilmen, who shall hold office for a period of one year from January 1st, 1923, and who shall succeed in office the two councilmen whose terms expire on December 31st, 1922, on the third Wednesday in November, 1923, there shall be held an election for five councilmen, who shall serve for a period of one year each. Thereafter, on the third Wednesday in November of each year, an election shall be held for five councilmen all of whom shall be elected for terms of one year each. All present councilmen of the City of Eastman shall hold office during the term for which they were elected and chosen. Said elections above provided shall be held under and according to the present laws of the City of Eastman. Should a

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vacancy occur in the council by death, resignation or otherwise the remaining members of the council shall elect some fit and proper person to fill such vacancy until the next regular election. New Sec. 5. Election and terms of councilmen. Vacancy. how filled. Sec. 2. Be it further enacted, That section 43 of the Act referred to in section 1 of this Act, and being the same Act identified as the Act approved August 6th, 1921, be, and the same is hereby amended by striking therefrom the following words, beginning after the word city in the 4th line of said section 43: or without the corporate limits thereof, 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 without the corporate limits, but within two miles of the same, as though the offense had been committed within the said corporate limits of said city, and to punish for the violation of the same, so that said section 43 when so amended, shall read as follows: Sec. 43 amended. There shall be a Recorder's Court established for the City of Eastman which shall have jurisdiction to try offenses against the laws and ordinances of the municipal or corporate limits of said city. Said court shall also have power to enforce its judgment 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 in said court, to go or move beyond the reach of the process of the same. Said court shall be presided over by the city recorder, or in his absence or disability, by the chairman of the council, or in the absence or disability of the chairman, by the vice-chairman of the council, or in his absence or disability, by any other member of the council as in this Act provided. To be read. Jurisdiction of recorder's court. Sec. 3. Be it further enacted, That section 65 of said Act, referred to as an Act to create a new charter for the City

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of Eastman, consolidate the Acts relating to the rights and powers of said corporation to enact amendments thereto, and for other purposes, approved August 6th, 1921, be, and the same is hereby amended by striking out all of said section 65, and substituting in lieu thereof the following: The waterworks of said city shall remain the property of said city, under the supervision of its municipal authorities and shall not be sold or leased to any person, persons, firm or corporation, unless by authority conferred by a majority vote of the qualified votes of said city voting in an election to be held for that purpose. Said election to be called by the city manager, after resolution voted by the council authorizing said city manager to call such election, and providing for said election to be held. Said election to be held in the manner prescribed for holding elections in the City of Eastman, and to be held any time after giving thirty days notice of the call for said election, the time and place of holding such election, said notice to be published one a week for four weeks immediately preceding said election, in some newspaper published in said city. No real estate or real property belonging to the City of Eastman shall be sold except under authority conferred by a majority of the qualified voters of said city voting in an election to be held for that purpose, said election to be held in the same manner and according to same rules above prescribed for the lease or sale of the waterworks of said city. New sec. 65. Sale or lease must be authorized by popular vote. Sec. 4. Be it further enacted, That the said Act to create a new charter for the City of Eastman, consolidate the Acts relating to the rights and powers of said corporation, to enact amendments thereto, and for other purposes, approved August 6th, 1921, be and the same is hereby amended by striking from the third line of section 31 of said Act the word shall, and substituting in lieu thereof the word may and by adding after the word offices in the 14th line the following words: Subject to the

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approval of the council, the city manager may perform the duties of city manager and city clerk, or in addition to the duties of city manager, may perform the duties of any other office above enumerated that it is deemed advisable for him to fill in order to effect economy in administration; so that said section 31 of said Act when so amended, will read as follows: Sec. 31 amended. The city manager shall be responsible to the council for the proper administration of all the affairs of the city placed in his charge, and to that end may appoint a city clerk, who in addition to his duties as such clerk, shall act as a secrtary to the council and the city manager; a chief of police and other ncessary police officers; and when needed shall appoint a chief of the fire department, a superintendent of water works, a superintendent of the city hospital, a treasurer, together with such other officers, agents and employees as may in his judgment be necessary for the proper administration of the general government of the city, and he is authorized and empowered to consolidate and combine any two or more of said officers. Subject to the approval of the council, the city manager may perform the duties of city manager and city clerk, or in addition to the duties of city manager, may perform the duties of any other office above enumerated that it is deemed advisable for him to fill in order to effect economy in administration. The council shall not dictate the appointment of any person to office by the city manager, nor in any manner interfere with him or prevent him from exercising his own judgment in the appointment of offices and employees in the administrative service. Except for the purpose of inquiry the council shall deal with that part of the administrative service for which the city manager is responsible solely through the manager, and the council shall not give orders to any of the subordinates of the city manager either publicly or privately. To be read. City Manager may be clerk, etc. Sec. 5. Be it further enacted, That section 33 of said Act to create a new charter for the City of Eastman, consolidate

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the Acts relating to the rights and powers of said corporation, to enact amendments thereto, and for other purposes, approved August 6th, 1921, be and the same is hereby amended by striking out all of said section 33, and substituting in lieu thereof the following: The city manager shall be the purchasing agent for the city and shall make all contracts of any kind and character to be done for, or in behalf of the city. All purchases of merchandise or material of less amount than one hundred dollars, and all contracts that involve a sum less than one hundred dollars, may be made by the city manager without the approval of council, but all purchases of merchandise or material amounting to more than one hundred dollars, and all contracts in which more than one hundred dollars are involved, shall be subject to the approval of the council, and the salaries of all employees and officials appointed or employed by the city manager shall be subject to the approval of the council. New Sec. 33. Contracts and purchases. Salaries of employees. Sec. 6. Be it further enacted, That section 105 of the Act to create a new charter for the City of Eastman, consolidate the Acts relating to the rights and powers of said corporation, to enact amendments thereto, and for other purposes, approved August 6th, 1921, be and the same is hereby amended by striking therefrom, beginning after the word law in the third line, the following words; Except the same shall be signed by the city clerk and countersigned by the city manager, and inserting in lieu thereof the following words; Except the same shall be signed by the city manager and countersigned by the chairman of council. The city manager shall make an itemized report in writing to the council at each regular meeting of all expenditures incurred since the previous regular meeting which report shall be filed in the minutes of the meetings of the city council, so that when said section is so amended it will read as follows: Sec. 105 amended. All obligations or debts of said City of Eastman shall be paid only upon warrants or vouchers issued as now authorized

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by law, except the same shall be signed by the city manager and countersigned by the chairman of council. The city manager shall make an itemized report in writing to the council at each regular meeting of all expenditures incurred since the previous regular meeting, which report shall be filed in the minutes of the meetings of the city council. To be read. Counter-signing of warrants, etc. Sec. 7. Be it further enacted by the authority aforesaid, That section 54 of the Act creating a new charter for the City of Eastman approved August 6, 1921, be and the same is amended by striking the entire section and substituting therefor the following: Be it further enacted, That the city council of Eastman shall have power and authority to open, lay out, widen, straighten or otherwise change the streets, avenues, alleys, sidewalks, crossings or other passageways of said city, and shall have the power to vacate, close up, open, alter, fill, curb, pave, drain and repair the same. They shall have the power and authority to prescribe such rules and regulations for laying out, constructing ond maintaining the same and shall also have the power of curbing and paving the whole or any part of any street, alley, sidewalk, crossing or other passageway of said city. They shall also have the power to prescribe by ordinance for the curbing and paving of all squares, triangles and intersections of said city, as they may deem necessary from time to time; they shall prescribe the kinds of material to be used in such construction and shall fix the time when notice shall be given and when the work shall be completed, to supervise the construction of same, and to have the power to reject any work not performed in compliance with such prescribed regulations. They shall have full power and authority to require any street, avenue, or alley, sidewalk, street crossing or railroad crossing or other passageway to be paved in such manner and with such material as they may determine by resolution or ordinance. One-third of the expense of paving streets shall be borne by the city and

Page 815

the other two-thirds by the abutting property owners in just proportion to the front footage of said property, provided that any street railroad company or other railroad company having a track or tracks running along or across any of the streets, avenues or alleys of said city shall be required to pay the cost in full for paving or otherwise improving said street, avenue or alley the full space between their track or tracks, and for the full space of three feet on each side thereof. The city council of the City of Eastman shall have full power and authority to pave and otherwise improve, and to contract to pave and otherwise improve the entire surface of any street, avenue or alley of said city without giving to any railroad company or other occupant or property owner on such street, avenue or alley, the option to have the space paved, or otherwise improved by themselves, or by contract at its, or his, instance, the object being to prevent delay and secure uniformity; provided further, that where any street, alley or avenue of said city may extend longitudinally along the right of way of any railroad company or when the right of way or property of such railroad company abuts a street, avenue or alley or street crossing, said railroad company shall be treated in all respects as an abutting property owner, and the assessment shall be made accordingly. The entire expense of paving sidewalks shall be borne by the abutting property owners in just proportion of their property thereon. Whenever the city council of the City of Eastman shall determine to pave any street, avenue, or alleys, or sidewalks, street crossings or railroad crossings in said city, they shall require the city clerk to notify in writing all persons owning property abutting or fronting thereon of such intention, together with a statement of the amount assessed against such property therefor, and said city shall proceed at once to do such paving, or cause to be done, and when the same is completed it shall be the duty of the property owner to pay into the treasury of the city the amount so assessed against their property, in ten (10) equal annual installments, the first installment within twenty days from and after the

Page 816

work is completed, the remaiing installments annually thereafter, said installments to bear interest at not more than seven per centum per annum payable annually. New sec. 54. Streets and sidewalks; assessments for improvements. Sec. 8. Be it further enacted by the authority aforesaid, That the assessments levied under the authority of the preceding section together with interest thereon, shall be a lien against the property so assessed superior to all other liens, except liens for taxes, from the date of the ordinance levying said assessments. Liens. Sec. 9. Be it further enacted by the authority aforesaid, That in case any property owner shall fail or refuse to pay any assessment together with interest thereon, when due, the city clerk is authorized and empowered to issue instanter an execution against said owner and against said property, and said execution shall be levied on said property by the chief of police, and the same advertised and sold at public auction, in conformity to the laws of this State governing the sale of property under judgment and execution by sheriffs. Said chief of police shall make to the purchaser a good and valid deed thereto, conveying title as fully as sheriffs of this State are authorized to do at public sales under judgment and execution, provided, the defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution issued is due, specifying fully and distinctly the grounds of such denial of liability and stating what amount he admits to be due, which amount, so admitted to be due, shall be paid or tendered, to the city council of Eastman at the time, or before the affidavit is tendered and received. Said affidavit so received shall be returned to the Superior Court of Dodge County, and then be tried and the issue determined, as in cases of affidavits for delay, provided the judge of the Superior Court of Dodge County shall have authority to hear and determine all questions touching the sufficiency of said affidavit at any time before the time when said cause would regularly come up for trial. The City of Eastman shall have full right to bid on and

Page 817

purchase said property at said sale if it choose to offer the highest bid therefor, whereupon said deed shall be made to said city, said chief of police being empowered and authorized to proceed at once to dispossess said owner and put the purchaser at said sale in possession. Execution, levy and sale. Title. Affidavit of illegality. Purchase by city. Sec. 10. Be it further enacted by the authority aforesaid, That when the city council of the Cityof Eastman shall determine by ordinance to pave or otherwise improve any street or sidewalk on which any property of the County of Dodge abuts, or other public property, then, and in that event, the cost of such paving or improvement shall be assessed and collected in the same manner and for the same amount as against private abutting property. Assessment on public property. Sec. 11. Be it further enacted by the authority aforesaid, That the city council of Eastman is authorized and empowered by resolution or ordinance to provide for the issuance of bonds in the aggregate amount not to exceed the unpaid paving assessment. Said bonds shall bear date within sixty days after the date of maturity of the first assessment and shall mature annually thereafter in an amount proportionate to the amount of assessments maturing in that year. Said bonds shall in no event become a debt or liability of the City of Eastman by reason of its issuing the same for the purpose herein specified. Such bonds shall bear interest at a rate not exceeding seven per centum per annum from their day until maturity payable annually, and shall be designate Paving Assessment Bonds and shall on their face 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 on lots, parcels and tracts of land benefitted by such improvements under the authority of this Act. Said bonds shall be signed by the chairman of the city council and attested by the city clerk and shall have the impression of the corporate seal of said city thereon, said bonds shall be payable at such place as shall be designated by the city council of the City of Eastman.

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They shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses incurred in the making of such improvements, or such bonds may in whole or in part be negotiated and delivered to the contractor, at par value, in the payment of any amount due him on his contract. It shall be the duty of the city clerk to make collections of the assessments levied under authority of this Act and in the event Paving Assessment Bonds shall be issued as provided for in this section, it shall be the duty of the city clerk to keep an accurate account of all such collections made by him, and such collections shall be kept in a separate fund to be used and applied for the payment of such bonds and the interest thereon, and for no other purpose. Any misapplication or misappropriation of such fund by any person shall constitute a misdemeanor and be punished as such, under the criminal laws of this State providing for the trial and punishment of persons committing any misdemeanor. Bond issue for paving assessments. To be sold at or above par. Assessment collections applied to bonds. Sec. 12. Be it further enacted, That before section 1 of this amendatory Act become a law it shall be submitted for approval to the legally qualified electors of the City of Eastman in the following manner: At the regular election provided by law to be held in the City of Eastman on the third Wednesday in November, 1922, the authorities having charge of said election shall submit upon the ballots used therein the following proposition in the order dictated: For the election of Councilmen for terms of one year each and Against the election of Councilmen for terms of one year each. Referendum of Sec. 1 to popular vote. If a majority of votes cast in said election favor the election of councilmen for terms of one year each, then section 1 of this amendatory Act shall become of full force and effect. If a majority of the votes cast in said election are against the election of councilmen for terms of one year each, then

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section 1 of this Act shall be null and void. This referendum applies only to section 1 of this amendatory Act. Sec. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved August 15, 1922. ELBERTON, CITY OF; REGISTRATION OF VOTERS. No. 321. An Act to amend an Act approved December 19th, 1896, incorporating the City of Elberton, in Elbert County, by providing a system of registration of voters of said city; to provide for the opening and closing of a book for the registration of voters of said city; to designate the list of registered voters to be used in the election for said city, whether general, special or primary; to repeal conflicting laws 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 seven of the Act of 1896 incorporating the City of Elberton in Elbert County, approved December 19th, 1896, be and the same is hereby amended by adding at the end of said section seven the following: Provided further, that the City of Elberton through its legislative authority shall provide a system of registration in which the clerk shall keep a book wherein all voters may register under such rules and in such manner as may be determined by said city authority, which said book shall remain open for registration of voters for a period of at least three consecutive months during each year and which said book shall be closed at least thirty days prior to any election, whether general, special or primary, to be held under such registration, and said book shall remain closed until the time designated by the legislative authority of said city for the opening of the same for

Page 820

registration of voters in the next succeeding year, and no voter who has not registered prior to the closing of said registration book shall be allowed to vote in such election for which said registration book was closed; provided, however, that in the event of the holding of any election for said city within the time during which said registration of voters shall be open or within thirty days after the closing of the same, then the list of registered voters of said city qualified to vote in such election shall be the one used in the next preceeding general election for councilmen of said city. Act of 1896, sec. 7, amended. Registration of voters. Sec. 2. Be it further enacted and it is hereby enacted by the authority aforesaid, That within three days after the registration closes, the clerk shall furnish to each councilman a certified list of all registered voters. Certified list. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same is, hereby repealed. Approved August 1, 1922. FITZGERALD CHARTER AMENDED. No. 334. An Act to amend Sections 33, 34 and 35 of the charter of the City of Fitzgerald, approved August 17th, 1914, by providing for the permanent registration of all the qualified voters at any general or special election held in said City of Fitzgerald, and providing for a permanent registration book for said City of Fitzgerald so as to make it unnecessary, as is now provided, that a special registration be had for each special and general election; and providing that when once registered a qualified voter shall remain qualified to vote at any special or general election, unless disqualified for some reason other than to register again. These provisions applying to primaries, special and general elections, and providing further that any person

Page 821

who is qualified to vote may register in said book at any time; and to provide for the repeal of section 41 of said charter of the said City of Fitzgerald so as to provide for the election of a tax assessor or assessors by the Mayor and Council of said city, and to provide further that whenever any vacancy shall occur in any office authorized by said charter, whether elected by the Mayor and Council or by a vote of the people, that the Mayor and Council of said city shall have the power and authority to elect a person to fill said vacancy with all the rights, duties and powers originally vested by said charter in the holder of said office, which person so elected shall hold office until the next general election; provided the said office in which said vacancy occurs is one elected by the people, when his successor shall be elected, and the person so elected by said Mayor and Council shall hold office until his successor is elected and qualified; provided further that this amendment shall apply to all officers of said city except the Mayor thereof, whose status and office, together with the succession thereto, shall remain as now provided, and for other purposes. Section 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, sections 33, 34 and 35 of the charter of the City of Fitzgerald, approved August 17th, 1914, shall be amended by adding after section 35 that said registration of the qualified voters shall be permanent and shall apply to any general or special election held in said City of Fitzgerald, and it shall be the duty of the clerk of the council of said City of Fitzgerald to provide for a permanent registration book for said City of Fitzgerald, so as to make it unnecessary, as is now provided, that a special registration be had for each special and general election; so that when once registered, a qualified voter shall remain qualified to vote at any special or general election, unless he has failed to comply with the requirements of sections 33, 34 and 35 of the aforesaid charter of the City of Fitzgerald. It is further enacted that these provisions

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shall apply to primaries, special and general elections, and that any person, who is qualified to vote, may register in said book at any time. Act of 1914, secs. 33, 34, 35, amended. Permanent registration of voters, applicable to all elections. Sec. 2. Be it further enacted, That section 41, of the charter of the City of Fitzgerald be repealed, and that the Mayor and Council of said City of Fitzgerald shall have the right to choose and elect a tax assessor or assessors of not more than three for said city, and the said Mayor and Council shall have a right to fix the compensation for the tax assessor or tax assessors, said compensation not to exceed $5.00 per day. Sec. 41 repealed. Tax assessors. Sec. 3. Be it further enacted, That whenever any vacancy shall occur in any office, authorized by said charter, whether elected by the Mayor and Council, or by a vote of the people, that the Mayor and Council of said city shall have the power and authority to elect a person to fill said vacancy with all the rights, duties and powers originally vested by said charter in the holder of said office, which person or persons so elected, shall hold office until the next general election; provided the said office in which said vacancy occurs is one elected by the people, when his successor shall be elected and the person so elected by the said Mayor and Council shall hold office until his successor is elected and qualified; provided further that this amendment shall apply to all officers of said city, authorized in said charter, except the Mayor thereof, whose status and office, together with the succession thereto, shall remain as now provided. Election to fill vacancy in office. Sec. 4. Be it further provided, That all laws and parts of laws in conflict with this Act, shall be repealed. Approved August 1, 1922. FRY, NEW CHARTER FOR TOWN OF. No. 318. An Act to establish a new charter for the Town of Fry, in the County of Fannin, State of Georgia; to describe and

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define the limits of said town; to provide for a Mayor and Council, and other officers of said town; to prescribe the rights, duties and powers for the officers and for their election; to grant certain rights and privileges to said town; to provide for the registration of voters under this Act; to authorize and empowe the Mayor and Council of the Town of Fry to assess, levy and collect a tax for general and special expenses of said town, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the municipal government of the Town of Fry, Georgia, shall consist of a Mayor and five councilmen, and they and their successors shall constitute the body corporate under the name and style, Town of Fry, under which name and style, they shall have power to enter into contracts, sue and be sued, plead and be impleaded, in any of the courts of the State, to have and use a common seal, to hold all property both real and personal, which may belong to said town, or which may hereafter be acquired; to acquire both real and personal property, by gift, or purchase or otherwise, as may be deemed necessary for the welfare of said town, for public use and management; use, sell, improve, lease or rent said property of said town as may be deemed best for the corporate interest, by the authorities of said town. Corporate name. General powers. Sec. 2. The Town of Fry, as it shall be constituted under this charter, shall succeed to all rights and liabilities of the present corporation of said town and the officers herein provided for shall have perpetual succession, and shall have power from time to time to make, ordain and establish such rules, by-laws, ordinances, resolutions and regulations as shall appear to them necessary for the good government, security, general welfare and interest of said Town of Fry, and for the preserving of health, as will not conflict with the Constitution of said State or United States; provided, however, that the present officers of the town of Fry, to-wit: W. H. Carner, Carl Beavers, J. L. Ensley and J. M. Herron

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Councilmen and A. F. Thomas Mayor, shall be and constitute the body corporate of said Town of Fry and shall exercise and have all rights and powers, duties and liabilities granted and conferred on the corporate authorities of the Town of Fry, under the provisions of this Act until their successors are elected and qualified under the provisions of this act. Succeeds to present corporation. General welfare powers. Present officers hold. Sec. 3. Be it further enacted by the authority aforesaid, That on the second Saturday in December, 1922, there shall be an election held for the purpose of electing a Mayor and five Councilmen, whose term of office shall be one year or until their successors shall be elected and qualified. The election provided for in section 3 hereof, shall be held by a justice of the peace and two freeholders, residents of said Town of Fry, or in the event for any cause the justice of the peace does not assist in holding said election, then any three freeholders, residents of said town, may hold said election; the election holders shall take and subscribe the said oath as is prescribed by law for superintendents of election for members of the General Assembly of the State of Georgia; they shall have all powers incident to superintendents of elections and to administer oaths to voters as to their qualifications to vote in said election and shall place on the ballot a number corresponding with the number appearing opposite their names. At the close of the election they shall count the ballots, keeping two tally sheets thereof, and shall at once declare the results of the election, and shall issue certificates of election to the person receiving the highest number of votes. They shall place all ballots cast in said election, together with a list of voters, and one of the tally sheets in a sealed package. The list of voters, and tally sheets being duly certified by the election holders to be correct. They shall then deposit with the clerk of the town the remaining tally sheet and list of voters duly certified to be correct, which tally sheet and list of voters shall be safely kept by said town, together with the sealed package containing the list of voters, tally sheets, and ballots, which shall not be opened by any one except in case of contest, and by said clerk destroyed without examination. The managers of said

Page 825

election shall be paid the sum of one dollar each upon the certificate of the Mayor as to their services. Election of mayor and councilmen. Managers' duties. Sec. 4. Be it further enacted, That the clerk of the town shall open a list at least thirty days prior to municipal elections for the registration of voters, which list shall be kept open every day except Sunday, and during such hours as shall be prescribed by the Council, until five days prior to said elections, not counting Sundays, when said list shall be finally and absolutely closed, during the time that said list is open, it shall be the duty of the clerk or other persons having same in charge, upon application of any person who shall be entitled to vote in coming election, to register the name of such person, giving name and age occupation and place of residence, and shall require the person registering to take the following oath: You do solemnly swear that you are a citizen of the United States of America; that you have resided in the State of Georgia immediately preceding this election one year, and in the County of Fannin six months, and in the Town of Fry thirty days next preceding this election, and that it is your intention to remain a citizen of said Town of Fry until the day of the election; that you are twenty-one years old or will be immediately preceding the coming elections; that you have paid all the taxes due the Town of Fry, and have made all the returns required of you by the ordinances of said town, so help you God. It shall be the duty of the registration officer to furnish a list of registered voters alphabetically arranged to the Superintendent of the election, duly certified to be correct. The superintendents of said election shall keep this list before them and shall not allow any one to vote who has not complied with the requirement of this section. Registration of voters. Oath of voter. List of voters. Sec. 5. Be it further enacted, That at the first meeting of the Mayor and Council, a Mayor pro tem, shall be elected, whose term of office shall be concident with that of the Mayor, who shall have all power and perform all duties of the Mayor when the Mayor is disqualified. In the absence and disqualification of the Mayor and Mayor pro tempore, the Council shall elect one of their number to act, who shall

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have the same rights and powers as the Mayor during said absence or disqualification. At the first meeting of the Council after their qualification, they shall elect one of their number for clerk, whose term of office shall be the same as that of the Mayor. He shall keep a minute of the council in a book furnished by him and shall preserve them and all other records and vouchers entrusted to him. He shall receive tax returns and collect all the taxes due said town. He shall issue all licenses and collect licenses tax as shall be provided for by the rules and regulations of the Council. He shall receive all the money due said town, and keep a correct account thereof showing from what source the same was derived. He shall issue executions for all taxes which are not paid by the time fixed by the Council for paying the same which execution shall be directed to the marshal of said town or his deputy. At the first meeting the council after their qualification, shall elect a treasurer who shall be the custodian of the funds of the town, and he shall keep a record of the same, provided the clerk may Act as treasurer when so directed by the council. Mayor pro tem. Acting mayor. Clerk's duties. Treasurer. Sec. 6. Three of the Councilmen shall constitute a quorum of the body. The Mayor shall preside over the meeting of said council and shall vote only in case of a tie in which case he shall cast the deciding vote. He shall be the chief executive officer of the town, shall take care that the by-laws, orders, rules, regulations, and ordinances of said Council are faithfully executed. He shall have ex-officio, the powers and duties of the justice of the peace within the limits of said town, except that he shall have no jurisdiction in civil cases. As such justice he shall have control of the marshal and his deputies and all special officers appointed by the Council for any purpose, and he shall have power to appoint special marshals on special occasions when the emergency of the case may require it. He shall have the power to cause the arrest and detention of all boisterous, riotous or disorderly persons. Before issuing his warrant therefor, the Mayor shall have the right to veto any ordinance of the Council, in which event the same shall not become

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a law unless it subsequently be passed over his veto, by a vote of at least four of the Councilmen on a yea and nay vote of the Council on their minutes. The Mayor shall have the power to punish any and all persons for contempt of court, both before the Town Council and the public court, in the sum not to exceed twenty-five dollars or more than five days in the guard house, either or both or any part thereof in the discretion of the court presiding officer. Quorum of council. Mayor's duties and powers. Sec. 7. The Mayor and officers shall receive such salaries as shall be prescribed by the Council as compensation for their services. That the Mayor or Mayor pro tempore, on disqualification of the Mayor, shall hold Mayor's court in said town for the trial of all persons charged with the violation of any of the ordinances, orders, rules, by-laws or regulations of said town and shall on conviction punish them by a fine not to exceed fifty dollars, or by compelling them to work on the public streets of said Town of Fry, by a term not to exceed thirty days or by confinement in the guard house of said town or in the common jail of Fannin County not more than sixty days, and in the discretion of the presiding officer all or any part of each day may be imposed. Salaries. Police court. Punishment. Sec. 8. Said court shall have full power and authority to issue executions directed to the marshal or his deputies for the enforcement of any and all fines imposed and for the collection of all cost, and shall have power to enact by ordinance the enforcement of all its sentences. When any sentence shall provide for a fine and imprisonment, until the fine is paid the jailer of said County of Fannin, upon application of the Mayor of said Town of Fry, shall receive the one so fined and confine him in jail of said county in accordance with the terms of said sentence and in a like manner as he receives prisoners sentenced to imprisonment. The jailer shall receive the same compensation as for the keeping of State prisoners, which shall be paid by the Town of Fry, as other obligations are paid by said town. The presiding officer shall assess in all cases brought before him where any municipal law is violated, as well as in cases where the

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defendant has to answer to any offense bailable by the justice of the peace, but upon a sentence for contempt of Mayor's court to confinement for violation of any municipal laws the defendant may at the discretion of the court be confined in the guard house of the Town of Fry instead of the county jail. Execution. Fine and imprisonment. Contempts. Sec. 9. Be it further enacted, That where executions are issued for municipal or ad valorem taxes, licenses, taxes or other fees, the cost shall be the same as that of execution for the State offense the cost shall be the same as received by the justice of the peace in like cases. All persons convicted in the Mayor's Court shall have the right to appeal to the Council in writing immediately after conviction. The cost when accrued must be paid. In lieu thereof an affidavit in form pauperis shall be filed with said appeal for the purpose of trying appeals. The Board of Council shall have a right to reduce, increase, modify, or nullify the previous sentence, pending the appeal. The accused shall have the right and shall be allowed to give bond for the appearance if he is able to do so, otherwise he shall be confined in the guard house jail. The person before whom the case was originally tried can conduct the examination of the witness in the new trial unless counsel be employed but he shall not be competent to sit as a member of the Court of Appeals. Costs on executions Appeals. Bond. Sec. 10. The Town Council shall have power to assess levy and collect an ad valorem tax upon all property, both real and personal. They shall have power to fix rules and regulations and to fix penalties for non-compliance therewith, to fix the time for making tax returns and time for paying taxes. Notice of such times being given at least thirty days prior to such fixed times by posting notices at three public places in said town for the ordinary purposes of the municipal government. The Council shall have power to assess an advalorem tax of not more than fifty cents on each one hundred dollars of property in said town. The Council shall have power to appoint three freeholders, citizens of said town, but who are not members of the Council,

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as tax assessors whose duty it shall be to assess any and all property within the corporation limits of said town subject to State and county tax and make a return thereof to the Council under such rules as the Council may prescribe. The clerk of said town shall receive the returns of all personalty owned and situated in said town by any person, resident or non-resident, in addition to the ad valorem taxes herein provided for. The Council shall have power to collect a special tax on all billiard tables, pool tables or ten or nine-pin alleys or alleys of like character, also upon all wheels of fortune or anything of like device run for hazard or chance or for the purpose of including trade or for private gain; also for circuses or any like performances. They may levy a tax upon all ball games of any character; also upon any fire and life insurance companies doing business in the town; all telephones and telegraph companies, and person running mills, or loaning money, or any business carried on in said town, such as merchants of any line. Tax ad valorem. Rate. Tax Assessors. Tax returns. Special taxes. Sec. 11. They shall have power to tax all livery stables, feed stables and sale stables, drays, hotels, public boarding houses. They shall also have power to tax all transient persons doing business in said town. All the special taxes herein provided for shall be paid to the clerk of said town before the person shall engage in business or calling for which he is subject to tax; any person who shall so fail to pay the same before engaging in the business or calling for which he is subject to tax or refuse or fail to pay upon notice that he is liable therefor shall upon conviction be fined double the amount of the tax together with the cost, or be imprisoned in the guard house or be put to work for not more than thirty days. Tax on occupations and transients. Sec. 12. In case of non-resident corporations or firms, the agent representing the non-resident corporation or firm, shall be subject to the penalty herein provided for, for doing business without first securing license and paying tax. Agents of non-residents liable. Sec. 13. The Council shall have full control and authority to lay out, widen, or straighten, open or close, alter, drain

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and keep in good repair, all roads, streets, alleys, crosswalks, sidewalks and bridges in said town for the use of the public, to fill up or repair any public well in said town, to provide proper drainage and sewerage for said town, to provide punishment for filling up any drainage or sewerage, either on public or private property by imprisonment or labor on public streets. Control of streets, etc. Sec. 14. Be it further enacted by the authority aforesaid, That all persons subject to road duty under the laws of this State and residing within the corporate limits of said town of Fry, shall be liable to street duty in said town not to exceed ten days in any one year under the direction of the officers of the said town; provided, however, that the Board of Council provide a commutation tax in lieu of such work on the streets not to exceed five dollars which when paid shall relieve the party from street duty that year. Street tax or work. Such street duty shall become due on the first day of February of each year, and if not paid when demanded by the marshal, if the work demanded is not performed when required, the marshal shall return such as defaulters and unless satisfactory excuse is rendered before the Mayor, said defaulter shall be fined double the amount of the tax assessed or not more than thirty days' labor on the streets at the discretion of the Mayor. All money collected as a street tax shall be applied to the improvement of the streets and no other purpose. Penalty. Sec. 15. 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 said town; to determine and declare what is a nuisance and abate same. Removal of obstructions. Nuisances. Sec. 16. The Council shall have power and authority to regulate private water closets, butcher pens, shops, stores, flues, chimneys, in said town at the expense of the owner, and have them repaired if same become dangerous to public

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or private property of the town. They shall have power to regulate the keeping of domestic animals, and to prevent the same from running at large in said town, to provide for impounding and sale of same, to regulate the keeping of public stables and all other property that may become dangerous or offensive to the citizens of said town. Regulatory powers. Impounding. Sec. 17. The Council shall have power and authority to pass ordinances to prevent blockading of the streets of said town, alleys or sidewalks and hitching only at such places as may be designated and to prescribe for same. They shall have power to regulate the use of firearms, fireworks, and other dangerous and noisy and offensive explosives used in sports or otherwise in said town. Sec. 18. They shall have power upon proof of existence of any rowdy or lewd house or gambling house or house where any intoxicating liquor is 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 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 such property is therein kept or stored for illegal purpose or practices, and bring said property and persons before the Mayor to be dealt with as the ordinances direct. Gaming or lewd houses, etc. Sec. 19. Said Town Council shall have power and authority to grant franchises to electric companies, waterworks companies, telegraph and telephone companies, and other corporations desiring to do business in said town. Franchises. Sec. 20. Said Town Council shall have power to establish a chaingang in said town to be composed of all violators of the ordinances of said town who may be sentenced thereto, or may fail or refuse to pay the fine imposed, or such other convicts as the Council may see fit to hire or employ; said convicts to be in charge of the marshal or his deputy or such person as the Council may select. The person in charge of

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such convicts shall compel them to obey orders and to do good work, and to that end, he is hereby authorized and empowered to whip any and all refractory convicts. Such municipal corporation shall have all the rights, privileges and power incident to such corporations which are not in conflict with the laws of this State or the United States. Convicts. Sec. 21. The Council shall have power to enacte 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 cases of emergency, necessity of 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. 22. At the first meeting of the Council after their qualification, they shall elect a marshal, whose term of office shall be the same as that of the Mayor, or until removed by the Council. He shall be required to give bond in the sum such as the Council may prescribe, for the faithful discharge of his duties and for the accounting for and paying over to the clerk of any and all moneys which may come into his hands belonging to said town, which bond shall be payable to the Mayor of said Town of Fry. Marshal. Sec. 23. The marshal may be removed at any time for inefficiency, neglect of duty or any other cause in the discretion of the Council. They may appoint one or more deputy marshals for such terms as may be prescribed by them, whose duties shall be the same as that of the marshal and his deputies, shall have power and authority to arrest all parties violating any of the penal ordinances of the said town and confine them in the guard house or common jail of Fannin County, subject to trial before Mayor's Court or some magistrate as provided for by the law. Said marshals shall execute and enforce the ordinances, rules and regulations of said Council as may be provided therein. They shall levy and execute all processes issued by Mayor's Court, and all executions for municipal taxes, and shall advertise and

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sell property levied upon in same manner as the sheriff is required to advertise property levied upon for State and county taxes, except that the advertisement shall be posted at the Council room door and three other public places in the said Town of Fry, and the sale shall be had before the Council room door. Removal. Deputies. Duties. Sec. 24. The present charter of the Town of Fry shall remain in force until the approval of this Act by the Governor. Present charter. Sec. 25. Said Council shall have full power and authority to establish quarantine against any person or place that may be affected with any contagious disease, and to enforce the same, and shall also have power to establish pest houses and maintain the same when it may be deemed necessary to prevent the spread of contagious diseases. Quarantine. Sec. 26. Be it further enacted, That the Mayor or any other member of the Council upon conviction of malpractice in office or neglect of duty, shall be removed and his office declared vacant, and the same shall be filled as herein provided. Malpractice or neglect. Sec. 27. The Mayor and Councilmen shall be liable to punishment as others for the violation of ordinances of said town. Punishment. Sec. 28. The Mayor, by and with the consent of the Council to be determined by a vote at any regular meeting or special meeting may upon proper grounds revoke any license granted to any person when it shall appear that said person or persons are keeping a place for immoral or illegal purposes or who permit the gathering of boisterous or riotous assemblages in or around their places of business. The Council may declare such a nuisance and abate same as such. Revocation of licenses. Nuisances. Sec. 29. No officer shall have any interest in any contract directly or indirectly in which the town is interested or is a party. Neither shall any member of the Council be allowed to vote upon any question in which he has any personal interest. Unlawful interest in contract.

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Sec. 30. All elections held under the provisions of this Act shall be held between the hours of 8:00 o'clock A. M. and 6:00 o'clock P. M. And in no event shall the polls be closed before 4:00 o'clock P. M. Elections. Sec. 31. Be it further enacted by the authority aforesaid, That the corporate limits of the Town of Fry shall be as follows: Beginning at an iron pipe on the corner of the property of the Tennessee Copper Company and also located on the State line between the State of Georgia and the State of Tennessee and running with said line a westerly direction a distance of one-half mile, thence a straight line in a southerly direction on for a distance of one-half mile to the original land corner between the lands of the Harvey Schafer heirs, Will Segraves, Jack Walden, and Wess Queen; thence a straight line in an easterly direction for a distance of one-fourth mile to a large rock on the lands of the Whit Fry heirs; thence a straight line a northerly direction for a distance of three-fourth mile to the beginning point. Territorial limits. Sec. 32. 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 1, 1922. GAINESVILLE CHARTER AMENDED. No. 426. An Act to amend the charter of the City of Gainesville, to change the corporate name of said City, to abolish the office of Mayor and Councilmen 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. 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, 1923:

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Section 1. The name of the municipal corporation heretofore existing in this State and known as the Mayor and Council of the City of Gainesville shall be and the same is hereby changed to City of Gainesville. Corporate name. Sec. 2. The offices of Mayor and Councilmen and all other offices 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 authorities pertaining thereto are hereby repealed, except as hreinafter provided for. Offices abolished. Sec. 3. Said municipal corporation shall be governed by a Commission and a Manager as hereinafter provided. Commission and manager. Sec. 4. The Commission shall consist of three citizens who shall have been citizens of said City for at least two years next preceding their election and 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 Council of said City, except as hereinafter provided. The Commission shall have in addition such power and authority as in this Act shall be given it. One Commissioner to be elected from each ward of the City, as the wards are now defined. Commissioners eligible. Sec. 5. The first members of said Commission shall be elected as follows: The clerk of said City shall on the 2nd day of October, 1922, 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 to do so 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 open for the registration of voters to vote at the election of such Commissioners, and that the election shall be held on December 12th, 1922. This notice shall be published for two weeks before the book is opened. The book shall be closed at the end of thirty days and the present clerk of the City shall

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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 elections 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 City 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 Council 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 contain the names of the candidates for Commissioners, and name or number of ward in which they preside. Said election shall be held on the second Tuesday in December, 1922. The managers shall report the results of said election to the Mayor and Council, as the results of city elections are now reported, and the Mayor and Council 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 of votes shall hold office for a term of one year. (Their terms of office shall begin on January 1st, 1923.) If it shall happen that no candidate of the three successful ones shall receive a larger vote than either of the other two, then the three successful ones shall determine by lot which of them shall hold office for three years, and which for two years, and which for one year. In the event there shall be a tie between the successful candidates, then the term of office to be held by each of them shall be determind by lot. No election shall be held in said City for Mayor and Council, or for Mayor or Councilman in the year 1922. Election of Commissioners. Registration of voters. Notice. Nominations. Ballots. Terms of office. Sec. 6. Before entering upon the discharge of their duties, each of said Commissioners, and all future Commissioners,

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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 Gainesville 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 Gainesville, the Constitution and 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 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 Gainesville, 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 do 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 pre-election promise. Penalty. Sec. 8. After the election in 1922, one Commissioner shall be elected each year, as follows: An election shall be held

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on the first Tuesday in December, 1923, 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 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 Commission 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 in 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 registered voter, occupation and place of residence in said city, and no one will be entitled to register who is under twenty-one years of age except as herein provided. 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. 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 these requisites may be registered. Future elections and terms of commissioners. Registration of voters. Sec. 9. That at the first meeting of the Mayor and Council held after the ratification of this Act, the Mayor and Council shall elect by a 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 Commissioners held in January, 1923, and biennially thereafter, the Commissioners 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 Commission. Said registrars before entering upon their duties shall take

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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 city clerk 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 Gainesville, the city clerk shall turn over to said registrars the book of registered voters, and said registrars shall appoint a time when they, in open session 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, and of the grounds of challenge, and the registrar 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 making said registration list, and in revising said work, the registrars shall examine the grounds of disqualifications 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, ocupation, 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 secretary of the Commission for the inspection of all parties

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concerned. The other copy they shall securely seal, plainly mark and sign on the outside officially and deliver same to the secretary of the Commission 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 secretary of the Commission 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 to be heard. Review of list. Two lists. Sec. 10. That any person who shall register illegally under this Act or be guilty of a violation of any of the provisions of section 660 of the Penal Code of Georgia in registering under this Act, shall be guilty of a misdemeanor. Unlawful registration. Sec. 11. That should the secretary of the Commission, 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 list 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 secretary of the Commission or registrar so violating shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such. Unlawful acts and omissions. Penalty. Sec. 12. That the Commissioners of said city shall have power and authority to fix the compensation of registrars and to pay the same. Compensation. Sec. 13. That at least five days prior to any election, the Commission shall name as election managers three qualified voters of said City of Gainesville; but no person who is a candidate for any office in the City of Gainesville, 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 city clerk the official registration list that has been certified by the

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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 secretary of the Commission for safe keeping, who shall deposit same in the vault of the city without opening it until the first regular meeting of the Commission 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 lists and tally sheets shall be returned to the city clerk and shall be preserved in the city records. The polls for the holding of all elections in and for the said City of Gainesville 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 City of Gainesville. The managers of the election shall certify the results thereof to the Commission by their certificates which they shall deliver to the city clerk, who shall record said certificate on the minutes or other book kept for that purpose, and said record shall be evidence of the result of said election. Managers of elections. Duties. Polls. Certificates. Sec. 14. The Commission shall at its first meeting and immediately after qualifying, elect one of the Commissioners as Mayor of the City of Gainesville. 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 chairman at all meetings of the Commission, shall approve the minutes of such meetings, shall act as Mayor of said City on all ceremonial occasions, and shall have such other authority and duties as hereinafter provided. He shall be ex-officio a member of. Mayor. Term. Authority. Sec. 15. The City Commission thus elected and organized shall be strictly a legislative body. The said Commission

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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. Such Commissioners shall serve in their office as such without compensation. Legislation. Sec. 16. The Commissioners shall at their first meeting and as soon as they shall qualify, elect a secretary of the Commission, who shall hold office at the pleasure of the Commission. Said secretary of the Commission shall receive such salary as the Commission shall fix and shall have charge and custody of the city records and shall attend all meetings of the Commission and shall keep accurate minutes of all of their proceedings, and said secretary shall keep in office provided therefor all oaths taken by, and all bonds of officers and employees and shall keep a record of all elections and appointments to office and shall perform such other duties as may be provided by this Act, or as may be imposed by the Commissioners not inconsistent herewith. Secretary. Duties and salary. Sec. 17. Any or all of 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 one-third 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 naming the Commissioner or Commissioners 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 clerk 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 once a week for two weeks. 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

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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 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 Commission is asked, then the secretary of the Commission shall name the manager and clerks. The ballots at such recall election 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 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 election of said city. If the majority of those voting in such elections 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 Commission 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

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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. In the event, for any cause there shall be a vacancy in the office of all of said Commissioners, the Governor of the State shall appoint three such Commissioners, who shall hold the offices until said vacancies shall be filled by an election herein provided for. Removal from office by recall election. Notice. Registration of voters. Election. Ballots. Vacancy how filled. Recalled person as candidate. Vacancies in office. Sec. 18. Be it further enacted by the authority aforesaid, That the Commission shall select and appoint a manager for said city within thirty days after their election and qualification and fix his salary, which salary shall not be more than $4,800.00 per annum, to be paid in monthly installments, which salary shall be fixed at the time of his election, but which may be changed at any time by the Commission. Such manager shall be a male person and an American citizen not less than twenty-five years of age. Said manager shall be subject to removal from office at any time by a vote of the majority of the Commission. Manager for city. Salary. Eligibility. Sec. 19. 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 department of said city, except the secretary and the recorder. His appointment of employees below the grade of heads of departments shall not be subject to confirmation

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by the Commission. He shall have the right to remove heads of departments and other employees (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 and the recorder), and shall from day to day personally inspect the working 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 reaon for such estimated expenditures. No part of any amount allotted to any department shall be expended by the manager on account of 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 the expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the secretary in the official newspaper. All payments of city funds except salaries of the Commissioners, of the secretary and the recorder shall be made by vouchers drawn in duplicates 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

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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. Duties and powers of manager. Office hours. Budget. Reports Payments. 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. 20. 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 may meet oftener as may be adjudged necessary for the public good. All such meeting shall be public, and open to all the residents of the city. Meetings of commission. Sec. 21. The books and records of said city shall be audited at least once every twelve months by expert auditors or accountants employed for this purpose by the Commission, and such auditors or accountants shall make written reports of the results of such audits. The fees and expenses of such auditors and accountants shall be paid out of the city funds. Audits. Sec. 22. The Commission shall have all the authority now possessed by the Mayor and Councilmen 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-third 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

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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 statement shall state the two propositions, For the ordinance, and Against the ordinance. The voters 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 favor 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 to popular vote. Ballots. Sec. 23. If as many as one-third 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

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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 twice 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 books 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 up of voters' list, appointment of managers and clerks, and holding of elections, shall apply. 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, which ballot shall appear on 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 the results of other city elections are announced, and if it is 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

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of section 22 and 23 of this Act shall not apply to ordinances proposed under the provisions of section 24, and section 33 to 45, inclusive, of this Act. Popular initiative of ordinances. Publications. Special registration. Voters' lists. Election. Ballots. Repeal. Non-application. Sec. 24. 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 clerk of the Commission, shall be received in evidence in all courts of this State as if the code itself had been properly introduced in evidence. Ordinances. Code. Sec. 25. 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. Ordinances of force. Sec. 26. 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.

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Such hearing shall be public and the recorder shall have the right to be present thereat and to call the witness 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. Police court. Recorder. 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 Police Court, and shall perform all the duties and have all the authority 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 certioraries from the Police Court shall continue in force. The recorder shall receive such salary as the Commission shall fix. Acting recorder. Clerk. Sessions. Certiorari. Sec. 27. 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 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 the law were not complied with

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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 default 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 shall direct the levying officer to dismiss the levy already made, and to make a new levy only on so much of said property as shall be 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 employees 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. Property sold for taxes. Procedure thereafter. Tax title. Sec. 28. 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 true, but may be rebutted. Recitals as evidence. Sec. 29. 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

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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 one-half of 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 realty. Sec. 30. All persons owning property within the city limits of the City of Gainesville shall be subject to pay an ad valorem tax to said city thereon, and the lien for said tax shall attach as of April first in each year. The taxable real estate within the limits of said city shall have a value for taxation placed thereon by three freeholders who are citizens and residents of said city and who are qualified voters. The value to be fixed being the fair market value on April first of each year. The three tax assessors above provided for to be appointed by the City Manager, which appointments shall have the approval of the Commission. All personal property of whatever kind or character subject to taxation in said city shall be returned and valued for taxation under existing methods employed in said city, but all such returns shall be made on or before the second Saturday in May of each year, and upon failure to make such return the owner of such property shall be liable for double taxes upon such unreteurned property. All ad valorem taxes shall become due and payable on the second Friday in October of each year. The taxpayer may anticipate the payment of the amount of their tax and shall be allowed a discount of one-half of one per cent. per month for every month in advance of the second Friday in October in each year, that said taxes may be paid. On and after the second Friday in October of each year the books for the collection of taxes shall be peremptorily closed; and on the next day following tax executions for all unpaid taxes shall issue. When tax executions shall have been issued as provided for in the preceding section, it shall be the duty of the City Manager to see that said execution are promptly collected, the provisions herein respecting the collection of same being mandatory,

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and a failure to properly perform the duties devolving on any city officer with reference to the collection of said taxes shall be grounds for immediate dismissal of the officer or officers, who shall fail to perform their duties in this regard. Tax ad valorem. Assessment of property. Returns. Discount. Executions. Said unpaid tax for which executions are issued shall bear interest at the rate of eight per centum per annum; and in addition thereto, the costs for issuing, levying and settling such executions shall be the same as allowed the tax collectors, constables and sheriffs of this State for like services; such costs, however, to be paid into the treasury of the City of Gainesville. Interest. Costs. Sec. 31. 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 voters who shall be finally placed on the registration of 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 shall not be stricken from said list, stating in said notice the day when he may be heard, and if by said day such disqualification shall not be removed, or if on such

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hearing it shall appear that he is disqualified, then his name shall be stricken from said permanent registration list. Permanent registration list of voters. Revision. Sec. 32. 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. 33. 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, avenues, lanes or alleys, or other public places of said city, may in the discretion of the Commission be required 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 speeify. 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 said 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. Paving of railroad tracks. Sec. 34. 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

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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 obejction 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 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 paving assessment. Sec. 35. The lots, pieces or parcels of lands fronting and abutting upon both sides of said improvements shall be charged with the cost thereof according to the just 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 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. Proportion of cost of paving.

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Sec. 36. Whenever the petition provided for in Section 34 of this Act is presented or whenever the Commission shall have determined to pave, grade, drain or otherwise improve any street, avenue, lane or 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 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 essessment to cover the cost of such improvement. Assessment ordinances. Sec. 37. After the expiration of 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 proprty 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

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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 against any loss or damage 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 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 contracts, 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 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 to re-advertise for other bids when any such bids are not in its judgment satisfactory. Protest. Resolutions. Terms and conditions. Bids. Notice. Sec. 38. 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 Assessors, 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

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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 fild, 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 land abbutting on the porposed improvements, and notice of such session for such hearing shall be published by the Secretary at least five days prior to such session, and the notice shall provide for an inspection of the return by any person interested herein. 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. Assessment 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 assessments to be payable in each year at such time as the several installments of the assesment are made payable each year. The Commission shall by ordinance levy assessments in accordance with said appraisement and apportionment as confirmed against the several tracts of land liable therefor. Report of appraisement, etc. Objections. Review. Payment of assessments. Section 39. 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 1st, 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

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first installment of such assessment and interests shall be due and payable on September 1 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 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 municipal corporation in proportion to their respective interest. Installment payments. Sec. 40. 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 paid in full, but unmatured installments shall not be deemed to be within the terms of any general covenant of warranty. Lien of assessment. Sec. 41. 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, fixing the date fifteen days after the passage and adoption of the ordinance levying such assessment, and of such denomination as the commission, shall determine, which bond or bonds shall in no event become a liability of the municipal corporation, of the City of Gainesville, 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 installments of the assessments and interest, and one-tenth

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thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on September the fifteenth in each succeeding year until all shall be paid, such funds to bear interest at a rate not exceding six percent 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 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 benefited by the 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 improvement, 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 certificate 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 transfer 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 said bonds to the Secretary for such purpose. Bond issue for street improvements. Registry of bonds.

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Sec. 42. The assessments shall be payable by the persons owning 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 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 installments 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, 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 of 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

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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 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 Hall County, or the Superior Court of Hall 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 a 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 owing thereon. Collection of assessments. Notice. Executions, levy and sale. Affidavit of illegality. Failure of notice. Owner shown by tax return. Sec. 43. 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

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or for any reason, other than for failure of the Commission to adopt and publish the ordinance provided for in Section 34 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 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 provide 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. Suit to set aside assessment. New assessment. Sec. 44. 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 paived 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. Repaving, etc. Sec. 45. Whenever the abutting land owners of any street, avenue, lane, or alley of said city shall petition the Commission as herein before set out, or the Commission shall adopt the ordinance as provided in Section 34 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 Hall 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 Gainesville is

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the owner the Mayor is authorized to sign in behalf of the City of Gainesville. The method of paving, grading, macadamizing, draining or repaving, redraining, remacadamizing, or otherwise improving any street, avenue, lane or alley, or any part or parts thereof, as provided for in Section 34 to 45, 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. Owners of abutting property. Method of paving is cumulative. Sec. 46. When any action shall be brought in any Court of this State to which the City of Gainesville 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 against city. Sec. 47. 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 Assessors and Treasurer shall continue, with the same duties pertaining to said offices at 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. Present methods and offices continued. Abolishment of treasurer's office. Sec. 48. If the owner or agent of any property shall be dissatisfied with the assessment thereof by the Tax Assessors, he shall have the right to ask for an arbitration of the assessment by giving a written notice to the tax

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assessors within five days after March first in any year, of his desire to arbitrate, and naming his arbitrator. The Tax Assessors 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 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 Assessors shall stand. The award shall not be in excess of the amount fixed by the Tax Assessors nor less than the amount claimed by the complainant. Arbitration of tax assessment. Sec. 49. The following shall constitute the various departments of the City government referred to in Section 12, hereof, and the titles of the heads thereof; Police Department (including regulation and management of the city prison), the head of which shall be designated chief. Departments of city government. Fire Department (including inspection of buildings and issuance of building permits), the head of which shall be designated chief. Public Health, the head of which shall be designated health officer. Department of Law, the head of which shall be designated City Attorney. 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 Finances, the head of which shall be designated Treasurer. Public Records, the head of which shall be the Secretary of the Commission. 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. 50. 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. 51. The Commission may from time to time require all of the officials and employees 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 officers. Sec. 52. The Secretary of the Commission shall issue all executions for taxes and for other amounts owing to the city and he shall keep a record thereof, and shall keep all other city records. Tax executions. Sec. 53. The chief of police shall be ex-officio marshal of said city and shall perform all the duties imposed on the marshal by law. Marshal. Sec. 54. 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. 55. 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 in declaring a quarantine and in enforcing the same. Quarantine. Sec. 56. Be it further enacted by the authority aforesaid that this Act shall become effective only after 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, then this Act shall become effective. This act referred to popular vote. The Mayor and Council shall provide for an election to be conducted as elections are now conducted, and the returns thereof made by the managers to the Mayor and Council who shall declare the result which shall be entered upon the

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minutes so as to show the number of votes cast for and against said new charter. The election shall be held on a day appointed by the Mayor and Council within sixty days from the approval of this Act; and two weeks publication and notice of the date of said election shall be given in the three newspapers in said city prior to said date. On the issue submitted to the voters of said city as aforesaid the ballots shall be marked For New Charter and Against New Charter. Ballots. If a majority of those voting vote against new charter this Act shall be void; if a majority of those voting vote for new charter, then this Act shall be of force as provided herein. In said election the qualified voters shall be determined according to the last registration list of said City prepared prior to said election. The said registration list may be purged, corrected and brought down to date, the Mayor and Council to be the judges of the correctness of said list. Voters qualified. Approved August 15, 1922. GREENSBORO, CITY OF; NOTICE OF TAX ASSESSMENTS. No. 377. An Act to amend an Act entitled An Act to amend, consolidate and supersede the several Acts, incorporating the City of Greensboro, in the County of Greene; to create a new charter and municipal government for said City, and for other purposes (being Acts Legislature 1904 P. 461, approved July 27, 1904) and particularly section 44 thereof, by providing for notice to be given by the Mayor and Council of said City of Greensboro of the assessments upon either real or personal property, or both, as made by the City Tax Assessors, to all tax

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payers affected by such assessment, what such notice shall consist of and how such notice shall be given, 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 July 27, 1904, be amended as follows: By adding after the sentence Said Mayor and Council may accept or reject said returns or any part of the same, and may order a new assessment in whole or in part in the 44th section of said Act the following words: When any corrections; changes and equalizations have been made upon either real or personal property, or both, by said assessors, it shall be the duty of said Mayor and Council, when they accept said returns, to immediately give written notice to any taxpayer of any change made in his returns, either personally or by leaving same at his residence or place of business, or, in case of non-residents of the city, by sending said notice through the United States mails to his last known place of address, so that said section when amended shall read as follows: Act of 1904 amended. Section 44. Be it further enacted, That said Mayor and Council shall, at their first meeting in January of each year, elect three intelligent, discreet and upright persons, citizens and qualified voters in said city, and owners of real estate therein, as city tax assessors, whose term of office shall be one year. Said city 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 occuring 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 all property thereof when, in their judgment, the value placed thereon is too small. The Mayor and Council shall have the authority to prescribe

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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 times as the Mayor and Council may by ordinance direct. Said Mayor and Council may accept or reject said returns or any part of the same, and may order a new assessment in whole or in part. When any corrections, changes and equalizations have been made upon either real or personal property, or both, by said assessors, it shall be the duty of said Mayor and Council, when they accept said returns, to immediately give written notice to any taxpayer of any changes made in his returns, either personally or by leaving same at his residence or place of business, or, in case of non-residents of the city, by sending said notice through the United States mails to his last known place of address. 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 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 selected shall be immediately notified by the clerk, and shall forthwith select an umpire, and the board of arbitration so constituted shall immediately proceed to give their award 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 shall 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

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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. Mayor and Council shall have the power and authority to pass such ordinances as are required to effectuate this section. Sec. 44 to be read. Notice of changes in tax returns. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 11, 1922. HAWKINSVILLE, CITY OF; REGISTRATION OF VOTERS. No. 439. An Act to amend an Act to create a new charter for the City of Hawkinsville, to revise, consolidate and amend the several Acts pertaining thereto and for other purposes, approved December 18, 1902, and Acts amendatory thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That section sixty-nine of the above described Acts be and the same is hereby amended as follows: The city clerk is required to keep a book to be called the permanent qualification book, upon which all persons desiring to qualify as electors shall be required to qualify as now required by the charter of said city. Such electors upon qualification shall sign their names in alphabetical order, and shall be subject to examination by the city council of said city. Said city council shall have the right, and shall be charged with the duty of examining each two years the qualification of each elector entered thereon. Act of 1902 amended. Permanent qualification of electors.

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Each election year the city clerk shall make up the registration list as now provided by the charter of said city by putting on such registration list the names of such electors as appear on such permanent qualification book who shall have paid all taxes due and required of them at least thirty days prior to the election for which the registration list is made up. Registration list. The electors who have qualified and have signed the permanent qualification book, shall not thereafter be required to register or further qualify, except as may be required by the city council. And such electors shall in all cases be entitled to receive the same notice and shall have the same rights as now given by the charter of said city. Further registration not required. When any person desires to vote he may be challenged and required to take in addition to the oath now required the following oath I do solemnly swear that I am (here insert name the same as on registration list); that I duly qualified as a permanent elector, and at the time gave my address (here insert address given in registration book) that I have for the last six months resided at the following address (here give detailed addresses during last six months with such particularity that the same can be readily verified or disproved). Oath of challenged voter. Sec. 2. Be it enacted by the authority aforesaid, That all Acts or parts of Acts in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922. HAZLEHURST CHARTER AMENDED. No. 360. An Act to amend an amended Act by substitution of an Act creating a new charter for the City of Hazlehurst in the County of Jeff Davis, approved August 18, 1919, and to

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consolidate the Acts relating to the Acts and power of said corporation to enact amendments thereto and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that section 5 of the Act approved August 18, 1919, entitled An Act to amend an Act by substitution of an Act, be amended as follows by adding sub. Section D, which shall read as follows: Act of 1911 amended. D. The Mayor of the City of Hazlehurst shall appoint a board of registrars five days before the election whose duty shall be to purge the registration and strike therefrom or add thereto names as they find should be struck or added according to the rules and regulations governing said election. Registrars of voters; duty. Sec. 2. Be it enacted by the authority aforesaid, That section 9 of said Act be amended as follows by striking the words (One) and (Annually) and inserting the words (two) and (biennially) in lieu thereof so that said section shall read as follows: Sec. 9. Be it further enacted, That the terms of office of Mayor and Aldermen shall be two years until the successors are elected and qualified and the first shall be held on the first Tuesday in April 1923 and biennially thereafter. Sec. 9 to be read. Terms of office. Sec. 3. Be it further enacted by the authority aforesaid, That section 28, of said Act be amended as follows; by striking the word one in the sixth line and inserting in lieu therefor the word two so that said section shall read as follows: Sec. 28. The Mayor until otherwise provided by ordinance shall receive a salary of Two Hundred Fifty Dollars per annum. The Mayor and Council may fix by ordinance the salary of the Mayor, provided, however, that the Mayor shall not be paid more than Three Hundred Dollars. He

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shall hold office for a term of two years and until his successor shall be chosen and qualified. He shall be the chief executive officer of the city, and shall have general supervision over all of its affairs, sign deeds and contracts, approve all bills and vouchers for the payment of money and shall be clothed with the veto power as hereinbefore set forth. It shall be his duty to see that the laws of the State and ordinances of the city are faithfully executed within the territory over which the city government extends. He shall keep the council advised from time to time of the general condition of the city and shall recommend such means as he may deem necessary and he shall preside over the police court of the city and shall exercise and be empowered with the duties of judge of the police court for trial of violation of the ordinances of said city as hereinafter provided. Sec. 28 to be read. Mayor's term of office. Sec. 4. Be it further enacted by the authority aforesaid, That section 65 of said Act be amended as follows, by striking the word sixteen in the fifth line of said section and inserting in lieu thereof the word Twenty so that said section when amended shall read as follows: Sec. 65. Be it further enacted That the Mayor and Council shall have full power and authority to compel all male persons (except such as are exempt under the State law) within the corporate limits of the City of Hazlehurst between the age of twenty and fifty years, to work on the public streets, lanes and alleys of said city not more than twelve days each year. Said Mayor and Council shall have power and authority to levy and collect a direct tax for each year without giving the person subject to road duty the right to work on the streets and to provide the time and amounts when to and how to be paid or they may in their discretion permit the person subject to road duty to work on the streets the number of days required of them and may commute the services required of them by the payment to the officers of said city, authorized to receive a receipt for same such commutation tax as may be fixed by the Mayor and Council; provided, however, That in

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no event whether the Mayor and Council shall declare for a direct street tax or for commutation tax in lieu of working the street, either one or both, shall the amount of commutation tax exceed the sum of Ten Dollars per year. Sec. 65 to be read. Age of persons subject to street work. Sec. 5. Be it enacted by the authority aforesaid, That section 73 of said Act be amended as follows; by striking the words in line 21 (whose decision thereon shall be final) and inserting in lieu thereof the following; (and if the party or parties interested are not satisfied with the decision of the Mayor and Council then they shall have the right to appeal to a board of arbitration consisting of three memberse, one to be appointed by the Mayor of said city, one to be appointed by the party or parties affected, the third to be selected by the preceding two, and when their decision is rendered it shall be final), so that section 73 when amended shall read as follows: Sec. 73. Be it enacted further That from and after the passage of this Act there shall be a board of tax assessors and equalizers in said city charged with the duty of assessing and equalizing tax returns on all property real and personal in said city subject to taxation. Said Board shall consist of three members, two of whom shall be elected by the Mayor and Council as other city officials are elected and the building inspector for said city shall be ex-officio member of said Board. Said Board shall meet as prescribed by ordinance, and at such other times as they may be called in session by the permanent tax assessors as hereinafter provided, for the purposes of assessing the valuation of property subject to taxation and equalizing the tax returns made to said City of Hazlehurst. Said Board is hereby vested with full power and authority to so assess for taxation the value of all property, real and personal in said city subject to taxation shall stand upon the tax books at its fair market value according to the best of their skill and knowledge. From the action of said board in fixing an assessment an appeal shall lie to the Mayor and Council, and if the party or parties interested are not satisfied with

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the decision of the Mayor and Council, then they shall have the right to appeal to a Board of Arbitration consisting of three members, one to be appointed by the Mayor of said City, one to be appointed by the party or parties affected, the third to be selected by the preceding two and when their decision is rendered it shall be final. Property owned and returned by said assessors shall be assessed by the Mayor and Council. Sec. 73 to be read. Appeal and arbitration of tax assessment. Sec. 6. Be it enacted by the authority aforesaid, That all laws an dparts of laws inconflict with this Act be, and are hereby repealed. Approved August 8, 1922. HAZLEHURST SCHOOL TAXES, AND FEES. No. 405. An Act to amend an Act approved December 18, 1901, to authorize the establishment of a system of public schools in the town of Hazlehurst; to provide for acquiring property and building and raising revenues to maintain 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 section 9 of the Act approved December 18, 1901 be amended as follows, by striking the words such incidental tuition fees as may be collected in the first and second lines on page 430 of said Act and inserting in lieu thereof the following: And a matriculation fee of fifty cents per pupil per term may be collected but no other tuition by the Board of Education or its authorities shall be collected from the patrons or resident patrons of the City of Hazlehurst and this, so that said section when amended shall read as follows: Act of 1901 amended.

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Sec. 9. Be it further enacted by the authority aforesaid, That early as practicable after the ratification of this Act, and by the fifteenth of January of each succeeding year, the Board of Education shall find out what amount of money it will be necessary to raise by taxation to defray the expenses of said school for the ensuing year and shall lay the same before the Mayor and Council of said town and the said Mayor and Council of said town shall be required to levy and collect the same, provided said amount does not exceed one per cent of the taxable property of said town, and in the same manner that other taxes of said town are levied and collected without additional expense therefor. Said taxes when collected shall be turned over to the treasurer of said town council and together with the amount received from the public school fund and a matriculation fee of fifty cents per pupil per term may be collected, but no other tuition by the Board of Education or its authorities shall be collected from the patrons or resident patrons of the City of Hazlehurst and this and any other fund may be placed in the hands for that purpose shall constitute a fund only to be expended for that purpose by order of the Board of Education in defraying the expenses necessary for the carrying on of said school. Sec. 9 to be read. Matriculation fee; no other tuition charge. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922. JEFFERSONVILLE CLERK AND MARSHAL; FEES. No. 449. An Act to amend an Act entitled An Act to establish a new charter for the City of Jeffersonville, in the County of Twiggs; to provide for a Mayor and five Councilmen of said city; to prescribe the duties and powers of the Mayor

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and Councilmen; and their manner of election and term of office; to declare and define police powers of said city; and to provide for all matters of municipal concern and cognizance; to provide for the continuance of the present Mayor and Council until the expiration of their terms; to provide for the successors of said city to all the property, rights and liabilities of said city under the old charter; etc., and for other purposes, by striking from section 20 of said Act the words said cost of the clerk shall not exceed fifty cents for docketing the case, ten cents for each subpoena in said case issued by him, and fifty cents for making out the commitment papers whenever the defendant is held for a State Court. The cost of the arresting officer not exceed one dollar for the arrest, twenty-five cents for each subpoena served by him, and fifteen cents for each meal furnished by him to the prisoner while under arrest, and by inserting in lieu thereof the following words after the word Court in line five of said section 20. The Mayor and Council may also by ordinance fix the items and amounts of the cost bill of the Marshal and the Clerk of said city, and the amount of the fee and each item for which a fee may be charged by the clerk and marshal shall be as prescribed by said ordinance or ordinances. Said Mayor and Council may also provide by ordinance for the docketing of cases in the Mayor's court by either the clerk or marshal; and for others 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 of the General Assembly of Georgia approved August 16, 1909, creating a new charter for the City of Jeffersonville, in the County of Twiggs, in the State of Georgia, and contained in Acts General Assembly of Georgia 1907, pages 977 to 1003 inclusive, be and the same is hereby amended as follows: Act of 1909 amended.

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By striking from section twenty of said Act the words Said cost of the clerk shall not exceed fifty cents for docketing the case, ten cents for each subpoena in said case issued by him, and fifty cents for making out the commitment papers whenever the defendant is held for a State Court. The cost of the arresting officer shall not exceed one dollar ($1.00) for the arrest, twonty-five cents for each subpoena served by him, and fifteen cents for each meal furnished by him to the prisoner while under arrest and by inserting in lieu thereof the following word after the word Court in line five of said section twenty. The Mayor and Council may also by ordinance fix the items and amounts of the cost bill of the marshal and the clerk of said city, and the amount of the fee and each item for which a fee may be charged by the Clerk and Marshal shall be as prescribed by said ordinance or ordinances. Said Mayor and Council may, also provide by ordinance for the docketing of cases in the Mayor's Court by either the clerk or Marshal, so that said section when so amended shall read as follows: Sec. 20. Be it further enatced by the authority aforesaid, That the Mayor and Council may, in their discretion, pass an ordinance or ordinances, alowing costs to the cerk and the arresting officer in all cases in the mayor's court. The Mayor and Council may also by ordinance fix the items and amounts of the cost bill of the marshal and the clerk of said city, and the amount of the fee and each item for which a fee may be charged by the clerk and marshal shall be as prescribed by said ordinance or ordinances. Said Mayor and Council may also provide by ordinance for the docketing of cases in the Mayor's Court by either the clerk or marshal, but in all cases committed to a State court, the fees allowed the arresting officer shall be those fixed by law for constables in like cases and shall be paid as cost in the court to which defendant is committed as shall likewise the costs of the clerk of council as fixed above. Sec. 20 to be read. Costs of clerk and marshal. Docketing of cases. Sec. 2. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922. JESUP CHARTER AMENDED. No. 437. An Act to amend an Act incorporating the City of Jesup; to provide for the election of officers and fix their salaries, and to provide for their term of office; and to provide for the rights of taxation to be levied; providing for mayor and aldermen, to own, control and possess public property for school purposes and dispose of same by sale duly authorized as provided by law in the said City of Jesup, 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, that section 3 of the amended charter of the city of Jesup be, and the same is hereby repealed, and the the following be substituted for said section 3: Repeal of sec. 3 of charter. New sec. 3. That there shall be an election on the first Saturday in December. 1922, for a mayor and five councilmen, all of whom shall hold office for a term of one year after they are duly elected and qualified. Also a city marshal, city clerk, and city attorney. Said election shall be opened at eight o'clock a. m., and close at six o'clock p. m., to be held under the superintendency of the justice of the peace or notary public and ex-officio justice of the peace and two freeholders of the city under the form and regulations prescribed by law for holding election for members of the General Assembly in so far as they are applicable to said election, and do not conflict with the specific rules herein contained, and all elections held in said city at any time and for any purpose

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whatever, shall be held in the same manner, and said election shall be held at what is known as the Council Room in said city. Election of municipal officers. Sec. 2. Be it further enacted by the authority aforesaid, That Section 27, 32, 33 and 34 of the charter of the City of Jesup, approved Aug. 16, 1915 be and the same are, hereby repealed. Tax returns. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of every citizen or owner of any property within the corporate limits of said City of Jesup, or any other person, firm or corporation, owning property within the corporate limits of said city of any kind or character subject to municipal taxes as provided herein, are hereby required to make an annual return under oath to the clerk of council, which return shall be filed, and the Mayor and Council of said City of Jesup are hereby authorized as a body or board within itself, and shall hereby be empowered to examine such returns made of the valuation of said property, and are hereby empowered to make a fair appraisement and equalize the assessment of said property, making a complete schedule of all the taxable property held by citizens and any and all persons, firms or corporations. And in event any such person shall refuse or fail to make such returns, failing to give a fair valuation of said property therein, or shall make a return deemed by the Mayor and Aldermen as being less or greater value than is affixed as a fair valuation, that the Mayor and Aldermen have the right to affix and assess either by raising or lowering said returns in a fair and amicable manner. Said Mayor and Council shall summon before said Mayor and Council such person, firm or corporation who shall fail to return said property for taxes and shall then and there hear evidence and shall affix the valuation of said property that shall be equal to other property of the same location, improvement, etc., which shall be deemed correct and just. The Mayor and two members of the council shall constitute a quorum for equalizing said property, and the clerk

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of council shall be the clerk of said Mayor and Council and shall perform all such duties as may be required of him. That when said valuation is so fixed by the Mayor and Council, or by any committee appointed by said board, within themselves upon said property, the person owning said property being dissatisfied with the value so placed thereon shall have the right to aribtrate the value thereof by making an appeal, which appeal shall be entered within ten days from the date of said assessment, and which arbitration shall be had under the same rules that are now provided by law covering arbitration in this State; that the members of said Council shall receive as compensation for their services not more than one hundred dollars per year, to be fixed by the Mayor and Council of the said City of Jesup, at the first meeting after being sworn in. Appraisement and equalization of assessments. Arbitration. Sec. 4. Be it further enacted by the authority aforesaid, That section 8 of the amended charter of the City of Jesup be, and the same is hereby amended by adding at the last line of said section the following: Sec. 8 amended. All persons who are registered and qualified to vote in the December election 1922, and who shall have paid all taxes required of them, as prescribed by law, shall be entitled to vote in any future election in said city, it being the intention of this Act to establish a permanent registration for the qualified voters of the City of Jesup. Voters qualified. Sec. 5. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Jesup shall have the right to own property, both real and personal, either purchase, gift, or otherwise, and they shall have full control over all school property now owned by said city, or that was formerly owned by the Board of Education when the sare was abolished, the title with the right to make rental contracts with the authority to collect rent, lease, sublet, and to grant any and all easements in said property for school purposes, no contract for rental shall last for a period of longer than one year; that no property shall be sold where the price to be paid is more than one hundred

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dollars before an election shall be held and a majority of the qualified voters authorizing same. Ownership and control of property. Sec. 6. Be it further enacted by the authority aforesaid, That no contract for work done, nor no contract for the lease of any of said city property, shall be entered into with any person related within the fourth degree to the Mayor or any member of said Council; that no person shall be eligible to any office in said City except he is qualified to vote in any city election. No contract with relatives. Eligibility to office. This section shall not deprive the Mayor and Council from employing a policeman from time to time, provided they see meet and proper. Policemen. Sec. 7. Be it further enacted by the authority aforesaid, That the Mayor and Council or any other officer of said City shall be subject to recall and discharge from office from any derelict of duty, or for any malfeasance in office, or for any violation of any law of this State, all of which shall be determined by the Mayor and Council assembled who shall hear evidence and become triors, and upon their judgment of conviction, said officer shall be removed from office. Removal from office. Sec. 8. 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 15, 1922. LAWSON CHANGED TO CARL. No. 500. An Act to amend an Act approved August 21, 1906, entitled An Act to incorporate the town of Carl, in Gwinnett County under the name of Lawson and for other purposes, by striking the word Lawson where the same appears in said Act and substituting in lieu thereof the word Carl and by striking the word Gwinnette

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where the same appears in said Act and substituting in lieu thereof the word Barrow and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that on and after the passage of this Act the Act incorporating the town of Lawson approved August 21, 1906 is hereby amended by striking the word Lawson where the same appears in said Act and substituting in lieu thereof the word Carl and by striking the word Gwinnett where the same appears in said Act and substituting in lieu thereof the word Barrow so that on and after the passage of this Act the town name of said municipality shall be the town of Carl instead of the town of Lawson. Act of 1906 amended. Corporate name changed. Sec. 2. Be it further enacted by the authority aforesaid, That all of the rights, powers, benefits and privileges granted to the town of Lawson in said Act approved August 21, 1906, are hereby reserved to and conferred upon the town of Carl. Powers conferred. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1922. LINCOLNTON, TOWN OF; ELECTION OF OFFICERS. No. 406. An Act to amend the charter of the Town of Lincolnton so as to provide for regulations under which candidates for the office of Mayor and Councilmen of said town of Lincolnton shall enter the race for such offices; and to provide for the cost of printing tickets and holding such elections; and to provide for an official ticket containing the names of all candidates for such offices and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the charter of the town of Lincolnton is hereby amended so as to provide that all candidates for the office of Mayor and Councilmen for said town of Lincolnton shall at least fifteen days prior to the day set for the election of such officers, file their names as such candidates with the clerk of the Mayor and Council of the Town of Lincolnton, and those who do not file their names as aforesaid shall not be eligible for such offices. Candidates to file names. Sec. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of the Mayor and Council of the Town of Lincolnton to publish a notice in the official newspaper of Lincoln County, Georgia, at least thirty days before the regular annual election for said officers which notice shall specify the date of the regular annual election aforesaid, together with the date on which the entries of candidates for such offices as aforesaid shall be closed. Notice of election. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the Mayor and Council of said Town of Lincolnton to have printed for use in said election an official ballot containing the names of all eligible candidates for said offices, and to bear all the cost incident to holding said election. Official ballots. Sec. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of the Mayor and Council of the Town of Lincolnton to declare those elected for said officers who receive the highest number of votes, and in case there should be a tie between any of the candidates for said offices and it is necessary to have a run over race between said candidates tying for said office, then in that event said run over race shall be held on the third Saturday in December following the regular election. Highest votes elect. Run-over race.

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Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1922. LOCUST GROVE, NEW CHARTER FOR TOWN OF. No. 504. An Act to provide and establish a new charter for the town of Locust Grove, in the county of Henry; to define and describe its corporate limits; to provide a government for said town and to confer certain powers and privileges on same; to provide a waterworks and electric light system in said town; to provide for a mayor and council and officers for the town of Locust Grove; to prescribe their qualifications, powers, duties and manner of their election; to provide for a Board of Health; to declare and define certain police powers of said town; to provide for the condemnation of private, public, or semi-public property for the use of said property, and compensation to the owners thereof; to authorize the condemnation of private property outside the corporate limits of said town under certain circumstances; to provide for taxation and the granting of license for all kinds of business, trades, callings and professions; to declare and constitute the powers and rights of said corporations; to prescribe the rights and powers, duties and qualifications and liabilities 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 town until the election provided for in this charter is held; to provide the manner and time of holding elections for municipal officers in said town; to provide for the qualification and registration of voters therein; to provide for a mayor's court or a police court and the trial and punishment therein of all offenders against the laws of said town,

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and the manner of appeal therefrom; to provide for a town chaingang and stockade, and the working of prisoners on the streets of said town and elsewhere, and the regulation and management of the same; to grant and regulate franchises; to provide rules and regulations governing public service corporations; to provide for opening and laying out, establishing and maintaining streets, avenues, lanes, alleys, sidewalks and crossings in said town; to abate nuisances; to provide for the assessment, levy and collection of an allowance tax on all property real and personal for general purposes; to authorize the assessment and collection of a tax for street work and improvements; to provide for the taxation and licensing of business, trades, and professions, on shows, exhibitions, entertainments and other things in said town; to grant encroachments on the street; to provide for the general policing and all other policing laws and for the general welfare of the inhabitants of said town, to provide for all matters and things necessary and proper and incident to municipal corporation; and for other purposes Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Town of Locust Grove, in the County of Henry, be, and the same is, hereby incorporated under the name, style and title of the Town of Locust Grove and by that name may be sued, plead and be impleaded; have and use a common seal; made a body politic; shall have perpetual succession; be capable of contracting and being contracted with; shall have power to purchase, lease, hold, receive, enjoy, possess and retain any estate or estates, both real and personal, of whatever kind and name, within its corporate limits necessary for its purposes, and may sell, lease or convey the same and have other powers as are usually granted to municipal corporations 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 aldermen

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under said name, style and title of the Town of Locust Grove. Corporate name. General powers. Sec. 2. Be it further enacted, That the corporate limits of said town shall embrace the territory contained in the following described limits, towit: Beginning at a point directly in front of Southern Railway depot dividing equally the cupola of said depot and running in a northerly direction three quarters of a mile along the middle of right of way of said railroad; and beginning at same point and running in a southerly direction along the middle of right of way of said railroad one half mile; limits of said town shall also embrace all lands one fourth of mile east and west of right of way of said railroad, three quarters of a mile north and one-half mile south of said point at said depot. Territorial limits. Sec. 3. Be it further enacted, That the present mayor and council of said Town of Locust Grove be and they are, hereby continued in office until the election hereinafter provided for has been held and the mayor and council thus elected duly qualified. Present officers hold. Sec. 4. Be it further enacted, That on the first Monday in December, 1922, an election shall be held for a mayor and five aldermen. The mayor and aldermen thus elected shall serve for a term of one year unless said office becomes vacant by resignation or death or otherwise. Thereafter on the first Monday in each December an election shall be held for the same purpose; That the qualifications for office of mayor and aldermen shall be the same as qualifications of voter as hereinafter provided. Election of mayor and aldermen. Sec. 5. All persons in said town qualified to vote for members of the General Assembly of Georgia, who are bonafide residents of said town at the time of holding election, shall be qualified voters therein; all elections shall be held in all respects as elections are held for the members of the General Assembly of Georgia, under the superintendence of two freeholders of said town and a Justice of Peace, who

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shall be appointed by the mayor and aldermen of town prior to each such election. Voters qualified. Election, how held. Sec. 6. Be it further enacted, That the superintendent of elections shall declare the results of such election, and issue certificates of election to such persons as received the highest number of legal votes polled, who shall on the second Monday in December following their election, qualify by subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties as mayor or alderman (as the case may be) of the Town of Locust Grove, during my continuance in office to the best of my ability and understanding, so help me God. Certificates of election. Oath of office. Sec. 7. Be it further enacted, That said mayor and aldermen shall have the power to elect a marshal, clerk, treasurer and such other officers as they deem necessary and proper, fixing their salaries, taking their bonds, prescribing their duties and oaths, and to remove them from office, or impose fines at the discretion of the mayor and aldermen. The officers so elected shall before entering upon the duties of their office, subscribe before the mayor or mayor pro tem the same oath as is contained in section 6. Clerk, marshal, and treasurer. Sec. 8. 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 of the duties and exercise all authority of the office of mayor upon taking the usual oath and not otherwise. Mayor pro tem. Sec. 9. 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 personal and real, within the corporate limits of said town, which may be enforced by execution by the clerk in the name of the mayor and aldermen and levied by the marshal. If the property be personalty the same proceedings shall be had that now govern the sales of property under tax

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executions at a constable's sales, but if the property levied on be realty, the marshal shall return the levy to the sheriff of Henry 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, auctioneers and all other games, performances or trades subject to special taxes under the laws of the State, as they 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. Tax ad valorem. Special taxes. Sec. 10. Be it further enacted, That there shall be a lien on all 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 to the State and county. Tax liens. Sec. 11. 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 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 trials 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 of said town, not to exceed sixty days; said fine may be collected by execution to be issued against the estate, both personal and real, of the offender, if any be found, also to provide for a town chaingang and stockade and the

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working of prisoners on the streets of said town and elsewhere, and the regulations and management of same as is provided under the laws of the State. General welfare powers. Police court. Sec. 12. Be it further enacted, That the marshal or other police officers of said town may arrest without warrant any person guilty of violating any ordinances, rules, or regulations of said town, and the marshal or any other police officer may summon any citizen or citizens of said town to assist in such arrest. Arrests without warrant. Sec. 13. 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 a violation of any ordinance, rules or regulations 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 time fixed for trial, the bond may be forfeited by the mayor and aldermen, and an execution issued thereon by serving the defendant, to be found, within the corporate limits, and his securities with a rule nisi, and if the defendant cannot be found, then by posting notices in three public places in said town five days before the hearing of said rule nisi. Appearance bonds. Sec. 14. 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 for failure to comply therewith, shall have the right of certiorari to the Superior Court of Henry County, in accordance with the laws in such case made and provided. Certiorari. Sec. 15. Be it further enacted, That the mayor and aldermen shall provide for the working of and repairing the streets, sidewalks and alleys of said town, and to remove any obstruction or nuisance that may be placed in same, and to that end compel all persons residing within said town who may be subject to road duty to work on the

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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 exceeding five dollars, and the mayor shall have the same power to punish defaulters as provided in the charter for the punishment of persons violating the ordinances of said town. Street work or tax. Sec. 16. Be it further enacted, That the 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 not to exceed twenty-five days. Contempts. Sec. 17. Be it further enacted, That the mayor of said town shall be the chief executive officer of the Town of Locust Grove. He shall see that the laws, ordinances, resolutions and rules of the town are faithfully, fully and impartially executed and enforced, and that all officers, employees and agents of said town faithfully and impartially discharge the duties required of them. Mayor's duties and powers. Sec. 18. Be it further enacted, That the mayor or mayor pro tem, and three 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 place of the mayor, shall vote only in case of a tie. Quorum of council. Sec. 19. 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 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 guilty 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 Henry County. Powers as J. P. Commitments.

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Sec. 20. Be it further enacted, That any officer of said town who shall be guilty of malpractice or abuse of the powers confided in him, shall be subject to indictment in Superior Court of Henry County, and on conviction shall be punished as prescribed in section 1065 of the Penal Code of Georgia. Malpractice. Penalty. Sec. 21. 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. Sec. 22. Be it further enacted, That in case of a vacancy in the office of mayor or aldermen by death or resignation or otherwise, an election to fill such vacancy shall be ordered by said mayor or mayor pro tem, and aldermen, to take place at such time and place as may be specified in such order and public notice of same posted at three different places in said town for the space of ten days. Vacancy in office. Sec. 23. Be it further enacted, That the mayor and officers of said town shall receive such compensation and pay as the mayor and aldermen shall deem proper, but this compensation shall not be increased or diminished during their term of office. Compensation. Sec. 24. After the first election hereinbefore provided for, said mayor and aldermen shall require the clerk of the council to open a registration book in which he shall register the names of all persons of voting age, both male and female, who are qualified to vote for members of the General Assembly of Georgia, and who have paid all taxes and fines required of them in said book, and the persons so registering shall not again be required to register. Said registration shall contain the age and occupation of the voter and before being permitted to register said voter shall subscribe

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the following oath: You do solemnly swear that you are twenty one years of age, that you have resided in the State of Georgia twelve months; in the County of Henry six months, and that you have resided in the Town of Locust Grove six months previous to the date of your registration; that you have paid all taxes required of you, State county and municipal, and are laboring under no disqualifications provided by the laws of this State, county or municipality denying the privilege to vote in any election under the jurisdiction of either. Such persons so registering shall not be again required to register unless to qualify for voting in any subsequent election unless he shall become disqualified by failure to pay taxes or for some other cause disqualifying him under the laws of this State. Registration of voters. Oath of voter. Further registration not required. Sec. 25. Be it further enacted, That said mayor and aldermen of said town shall have power and authority to make and establish a fiscal year from which and to which all licenses shall date. It shall be left to the discretion of the mayor and aldermen as to any reduction made to any one beginning business after the beginning of the fiscal year and no one will be given a reduction upon the assumption that they will not operate for a whole year. No license will be issued for a period less than the time from date of application to the end of fiscal year. Fiscal year. year. Licenses. Sec. 26. Be it further enacted, That when any execution shall be issued and levied, claim or illegality may be interposed under the same rules and regulations as are now provided by laws for claims and illegalities under tax fi fas issuing from the various courts of the State. Such claim or illegality to be returned to and heard in Henry County Superior Court or the justice court of the 576 district G. M. according as the jurisdiction may be. Executions, claims, etc. Sec. 27. Be it further enacted, That the mayor shall appoint between the first and fifteenth of January of each year three upright, discreet and intelligent citizens of said town, as tax assessors who shall hold office for one year, or until their successors are elected and qualified, said tax

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assessors shall not be elected from among the members of the council and should any vacancy occur in said Board of assessors by death or for any reason such vacancy shall immediately be filled by the mayor and council. Before entering upon the duties of the office each assessor shall take and subscribe the following oath: I do solemnly swear that I will faithfully perform the duties of Tax Assessor of the Town of Locust Grove, and will make a just and true valuation of all property therein subject to taxation according to the fair market value thereof, so help me God. Tax assessors. Oath of assesors. Sec. 28. Be it further enacted, That the town tax assessors may hear during the progress of their investigation any evidence that they may deem advisable that would be of information in arriving at the values of property and that they may also summon and compel witnesses or the production of documents as now provided by the laws of Georgia. If any persons are dissatisfied with the valuation of their property they shall have the right of arbitration in the same manner as is provided by the State of Georgia in the arbitration of State and county taxes. Evidence of values. Arbitration. Sec. 29. Be it further enacted, That immediately after the report of the tax assessors is filed with the mayor and council it shall be the duty of the mayor to serve a written 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 raised. Notice of increase in assessment. Sec. 30. Be it further enacted, That the mayor and council of said town shall have power and authority to prevent horses, mules, cattle, and all other animals or fowls from running at large or being tied or tethered on streets or sidewalks in said town, 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 such animals or fowls and impound same and to punish all owners of such

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animals and fowls who refuse to obey an ordinance passed by mayor and council, carrying this authority into effect. Impounding of animals. Sec. 31. Be it enacted, That in order to give effect to the foregoing section, said mayor and council shall have authority to establish a pound and to change the same whenever they see 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 and manner of sale or disposition of impounded animals or fowls where no owner appears or where payment of impounding fees charged, penalties or costs refused; to provide for the disposition of the proceeds of the sale of impounded animals and to provide for the punishment of all persons who, without authority, break or enter the pound. Pound charges and penalties. Sec. 32. Be it further enacted, That said mayor and council shall have authority in their discretion, to establish and put in operation a Board of Health and to pass ordinances and regulations prescribing penalties for violation of same; to prevent the spread of infectious diseases; to compel vaccinations of all persons within the jurisdiction of said town; to function in all manner as is usual to a Board of Health. Health and sanitation. Sec. 33. Be it further enacted, That the mayor and council shall have supervision over the erection of all buildings in said town and shall have supervision over all buildings and shall have the power of condemnation when such are in their judgment dangerous to life or health of citizens or adjudged a public nuisance. Said mayor and council shall have right to pass and enforce ordinances to this effect. Buildings. Sec. 34. Be it further enacted, That the mayor and council of said town shall have the power and authority to open, lay out, widen, straighten or otherwise change the streets, alleys or lanes of said town, and shall have the power to grant right of ways to any public or private parties as they may deem wise; to take over private property for such

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purposes under the conditions as prescribed by the laws of the State. Streets; rights of way. Sec. 35. Be it further enacted, That the said mayor and council shall have the power and authority, upon recommendation of the Board of Health or any officer of the town, to cause the owner of lots or parcels of land to drain same or to drain any pool or cellar that may contain water or other liquid and that is adjudged a menace to the health of the citizens of said town. Drainage. Sec. 36. Be it further enacted, That said mayor and council shall have the authority and power to establish and maintain a quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious and infectious diseases. Quarantine. Sec. 37. Be it further enacted, That said mayor and council, shall have the power and authority to compel owners of property, their tenants or lessees to grade, pave and otherwise to keep in good order and condition the sidewalks in front of and abutting on their property. They may restrict the operation of any ordinances passed in pursuance of the power conferred in this section to any designated part of the town or any way that they deem best. Sidewalks. Sec. 38. Be it further enacted, That said mayor and council shall have the power and authority to provide against hazard by fire and to that end may declare any portion of said town a fire district and may define the limits thereof, they may prescribe the materials that may or may not be used in the erection of buildings in such a fire district and may punish in their discretion any person violating this ordinance in this behalf. Fire district. Sec. 39. Be it further enacted, That said mayor and council shall have power and authority to provide for erection and maintenance of, in said town, gas works, electric lighting and power, and water works, and to that end may grant individuals or corporations the use of the

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streets and alleys of said town to that end as they may deem proper, to make contracts and exercise all business as is usual to the granting, constructing and maintaining such named systems. Public utilities. Sec. 40. Be it further enacted, That should any person violating any of the ordinances of said town flee from the jurisdiction thereof he may be apprehended whenever he may be found in the State, and the warrant of the mayor of said town 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 town, escape, he may be apprehended wherever found in this State and the warrant of the mayor of said town shall be sufficient authority for his arrest and return; and all persons escaping from the custody shall or may be again tried and punished as prescribed in ordinances heretofore set forth. Fugitives and escapes. Sec. 41. Be it further enacted, That said mayor and council shall have power and authority to require the owner of any improved property, his agent or the tenants in possession, to provide suitable privy or water closets on such premises to be located at such places on premises as mayor and council shall prescribe. Water closets. Sec. 42. 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 sewerage, draining and plumbing and all and everything that may be necessary for the improvement of sanitary conditions of said town. Sewerage, etc. Sec. 43. Be it further enacted, That said mayor and council shall have power and authority to issue bonds of said town in such sums and at such times as they shall see proper within the limits provided by the constitution and laws of this State and of such denominations and in such amounts as they see fit; said bonds not to bear interest in excess of 8 per cent per annum and to run for a period of

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longer than thirty years from the date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue in the discretion of the mayor and council. Said bonds to be issued, hypothecated and sold for the purpose of establishing, maintaining, extending, and operating a system of water works, a system of sanitary sewerage, a crematory, a system of lighting, a system of public schools, paving or macadamizing streets, the erection of public buildings, and fire department. Said bonds shall be signed by the mayor and council and countersigned by the clerk under the corporate seal of the Town of Locust Grove, and shall be negotiated in same manner as the mayor and council may determine to be for the best interest of the town; provided however that said bonds shall not be issued for any of the above purposes until the same shall have been submitted to the qualified voters of said town at an election held for that purpose under and in conformity with the general laws of this State. Bond issues for public improvements. Sec. 44. Be it further enacted, That said mayor and council of said town shall have power and authority to grade, pave or macadamize or otherwise improve the drainage condition of streets, sidewalks, squares, public roads and lanes in said town. In order to carry into effect the above, said mayor and council have the authority to assess not more than two-thirds of the costs of paving or otherwise improving the streets and sidewalks on the real estate abutting on such streets and sidewalks. Said mayor and council shall have power and authority to assess one-third of such costs to property abutting on such street and sidewalk when property on other side is already at time improved in an acceptable manner. Said mayor and council shall have the power of equalizing the cost of such improvements in case there appear to be a just and proper cause for such equalizing, this to be done according to the value of property improved and the frontage on street or sidewalk thus improved. The mayor and council shall have the power to enforce collection for the amount of any such assessment by execution issued by the town clerk against the

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real estate improved and assessed for the amount assessed against the owner of such property, which execution may be levied by the marshal of said town in the same manner as executions in case of tax sales. Such sale shall vest absolute title to purchaser. Said town marshal shall have authority to eject occupant and put purchaser in possession, provided the owner of said property shall be given rights to appeal to the Superior Court of Henry County. The mayor and council shall have the right to pave or contract to pave the whole surface of the street, without giving any railroad or other property owner the option of having the space paved by them or by any contract that they might make. The lien for such assessment as set out in the foregoing shall have priority of payment next to liens for taxes. Mayor and council shall have power and authority to prescribe any other ordinances in respect to above that they deem wise. Assessments for street improvements. Execution, levy and sale. Lien of assessment. Sec. 45. Be it further enacted, That mayor and council shall have power and authority to acquire on behalf of the Town of Locust Grove, by gift or purchase, grounds suitable for parks and play grounds as in their judgment as may be to the interest and welfare of the citizens of said town. They shall have the power to draw on the ordinary expense fund of said town for purposes enumerated above. Parks and playgrounds. Sec. 46. Be it further enacted, That said mayor and council shall have the power and authority, whenever in their judgment they see fit, to secure for said town one or more deep wells in said town for the purpose of supplying the town with water. For said purposes they may draw on the ordinary funds of said town. Wells. Sec. 47. Be it further enacted, That should the mayor and council determine in accordance with provisions hereinbefore made to issue bonds for purposes hereinbefore set out, then they shall have the power and authority in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax not to exceed one per cent per annum,

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sufficient to pay off the said bonds with interest charges on the same within the period which said bonds have to run, and it shall be the duty of the mayor and council in the published notice of election for the issuance of any bonds for any of the purposes herein provided to state the amount of annual tax it will be necessary to levy and collect to pay same. Bond tax. Sec. 48. Be it further enacted, That by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and are hereby repealed. Approved August 19, 1922. LYONS SCHOOLS, ELECTION TO ABOLISH. No. 293. An Act to abolish the Lyons Public School System, in and for the City of Lyons, Toombs County, Georgia, as established by Act of the General Assembly of Georgia, approved August 19th, 1907, as recorded in the Acts of 1907, pages 780 to 784, as amended by Act approved August 7th, 1290, as recorded in the Acts of 1920 pages 1120 to 1122, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act, the Act establishing the Lyons Public School System, in and for the City of Lyons, Toombs County, Georgia, as established by Act of the General Assembly of Georgia approved August 19th, 1907, as recorded in the Acts of 1907, pages 780 to 784, as amended by Act approved August 7th, 1920, as recorded in the Acts of 1920, pages 1120 to 1122, be, and the same is hereby, repealed. Acts of 1907 and 1920 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

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shall have been an election held in the Lyons Consolidated School District, of Toombs County, Georgia, in which the City of Lyons is located, as laid out by the Board of Education of Toombs County, Georgia, 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 thereof publicly declared in acordance with the provisions of section 124 of the Code of School Laws of the State of Georgia, as approved August 19th, 1919. This act not effective unless local taxation for schools be adopted. 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 25, 1922. MACON CHARTER AMENDED. No. 402. An Act to amend an Act of the General Assembly of Georgia approved on the 71th day of August, 1914, creating a new charter for the City of Macon and the Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act of the General Assembly of Georgia approved on the 17th day of August, 1914, creating a new charter for the City of Macon and the Acts amendatory thereof be, and the same are hereby, amended by adding thereto as a part of the charter of the City of Macon the following additional provisions: Act of 1914 amended. Sec. 1-A. The City of Macon is hereby authorized and empowered to close, grant, bargain, sell and convey to such

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persons or corporations, and upon such terms as said municipal corporation may deem best, all the following described property purchased from the City of Macon, described in a deed dated July 10th, 1922, and recorded in the Clerk's office of Bibb Superior Court in book 270, folio 164, said property being more particularly described as follows: Authority to close and convey realty. Parcel A: Beginning at a point in the City Reserve on the drainage canal where the northeastern boundary line of block 16 in said reserve intersects said canal, and running thence in a northwesterly direction along the line of block 16 and straight in the same direction to block 17 and along the northeastern boundary line of said block 17 to the spur track of the Southern Railway Company which bounds the property leased to T. D. Massee by the City of Macon by lease dated May 1st, 1916, and along said spur track to the point where the northwestern boundary line of said property leased to said T. D. Massee corners on said spur track, and thence along said northwestern boundary line of said leased property again to the northeastern boundary line of block 17, and thence along said northeastern boundary line of block 17 in a northwesterly direction and in the same direction straight to the southeastern boundary line of the Southern Railway Company's property in what was known as Camp Oglethorpe, and thence at right angles right in a northeasterly direction along said boundary line of the Southern Railway Company's property and in the same direction and in continuation of the direction of said southeastern boundary line of the Southern Railway Company's property (to a point (80) feet from the northeast corner of said Southern Railway Company's property) and thence at right angles right in a southeasterly direction and parallel to the northeastern boundary of Camp Oglethorpe and the northeastern boundaries of blocks 18 and 19 to the drainage canal, and thence at right angles right in a southwesterly direction along said drainage canal straight across through block 19 and to the point of beginning. Parcel A described.

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Parcel B. Beginning at a point on the drainage canal in the City Reserve where the southwestern boundary line of block 26 in said City Reserve intersects said drainage canal, and running thence in a northeasterly direction along said drainage canal to the northeastern boundary line of said block 26 to what is shown on the map as Plum Street, and thence right angles left along the noreastern boundary line of said block 26 on what is shown on the map as Plum Street to the point where the Southern Railway and the Macon, Dublin and Savannah crossover track intersects said northeastern boundary line of block 26 and thence along said crossover track in a westerly direction to the southwestern boundary line of block 27, and thence in a southeastelry direction along said boundary line of block 27 and in the same direction straight to the southwestern boundary line of block 26 and in the same direction along said southwestern boundary of block 26 to the drainage canal at the point of beginning. Parcel B described. Sec. 1-B. All sales and conveyances of any streets, lanes and alleys, and property within the limit and area described in Section 1-A of this Act heretofore made by the said City of Macon are hereby sanctioned and confirmed as valid and legal conveyances so as to fully and effectually vest the title to such portions of said streets, lanes and alleys, and property so conveyed in the grantee in such deeds and conveyances. Previous conveyances confirmed. Sec. 2. Authority is hereby granted to the said City of Macon and it is hereby authorized to permanently close and vacate an alley way now existing within the corporate limits of the said City of Macon between Christ Church in said city and the rectory of said Christ Church, said alley running half way within block number 19 of the City of Macon at right angles and from Walnut Street towards Mulberry Street and half way in said block and parallel to Second and Third Streets in the said City of Macon, the other end of said alley having heretofore been closed by the building upon it of the Hotel Lanier property. Closing of alley.

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Sec. 3-A. The Mayor and Council of the City of Macon may in the interest of the public health, safety, order, convenience, comfort, prosperity or general welfare adopt by ordinance a plan, or plans, for the districting or zoning of the City of Macon for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property; or for the purpose of regulating the height of buildings or other structures or the area or dimensions of the lots or yards used in connection with buildings or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The said City of Macon may be divided into such number of zones or districts and such districts may be of such shape and area as the Mayor and Council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises, the number of persons, families or other group units to reside in or use the buildings, the public, quasi public, or private nature of the use of premises, or upon any other basis or bases revelant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare. Plans for districting or zoning. Regulations and classifications. Section 3-B. For the reasons above stated the Mayor and Council of the City of Macon shall have further right and power in any district proposed to be set aside primarily for residence purposes to further classify the use thereof and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and the residents thereof. No such ordinance or amendment authorized by either this Section or Section 3-A shall be adopted except by three fourths vote of the Council. Classifications of residence property. Section 3-C. No ordinance adopting zoning regulations as above authorized shall be passed by the Mayor and Council

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of the City of Macon until after a comprehensive plan for the zoning of the city has been prepared and submitted to the Mayor and Council by one of the regular committees of Council to which said matter has been referred, or, in the discretion of the Mayor and Council, by a special committee or commission appointed by them to consist of members of the Council or of citizens or both. Such a committee, or commission, to whom said matter shall have been referred, if authorized thereto by the Mayor and Council, shall have the power to employ expert help in the preparation of said zoning plan. Whenever said committee or commission to whom the matter of preparing a plan for zoning has been referred shall certify to the Mayor and Council a plan for the zoning of the city the Mayor and Council shall hold a public hearing thereon and shall give 30 days notice of the time and place thereof in the newspaper of said city wherein the legal advertisements are published; and during said 30 days a copy of such plan and proposed ordinance shall be on file for public examination in the office of the Clerk of the City of Macon. Plan to be comprehensive. Notice and hearing. Sec. 3-D. The Mayor and Council may from time to time amend the zoning ordinance, but no such amendment or change shall become effective unless the ordinance proposing it shall first be submitted to a committee of Council or to a special committee or commission as provided for in Paragraph 3-C, if such committee or commission shall have been appointed, for approval or disapproval, and said committee or commission shall have been allowed a reasonable time, not less than 30 days, for consideration of said change and report thereon. Whenever the owners of 50 per cent of the land in any area shall present a petition duly signed to the Mayor and Council requesting an amendment of the regulations prescribed for such area it shall be the duty of the Mayor and Council to vote upon such amendment within 90 days of the filing of same by the petitioners with the city Clerk. Amendment of zoning ordinance.

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Sec. 3-E. The zoning laws and rules and regulations shall be made by the Mayor and Council and shall be enforced and administered by the building inspector of said city. The Mayor and Council shall hear and decide appeals from and review any order, requirement, decision or determination made by the inspector of buildings in the enforcement of the zoning regulations. The Mayor and Council may authorize one of its regular committees or any special committee or commission which may be appointed under the provisions of Section 3-C hereof to administer the details of the application of any zoning regulations and may delegate to such committee, or commission, in accordance with general rules set forth in the zoning ordinance power to permit exceptions to and variations from the zoning regulations if such may be required and to administer the zoning regulations as specified therein through the said building inspector. Appeals. Administration. Sec. 3-F. Every decision of the Mayor and Council or of any committee or commission as provided for in Section 3-E hereof shall be subject to be reviewed by the writ of certiorari issued from the Superior Court upon the same terms and conditions as such writs are issued in any case. Certiorari. Sec. 4. The City of Macon is hereby authorized to bargain, grant, sell, and convey to owners of property in Square 95, original city, which fronts on Second Street in the City of Macon, and which lies between the encroachment line on Arch Street and Oglethorpe Street in said City, encroachment extending into said Second Street from the original line of said Second Street a distance of twenty-four (24) feet. Authority to convey land. Sec. 5. All Acts or parts of Acts in conflict with this Act are hereby repealed. Approved August 15, 1922.

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MADISON OFFICERS AND SALARIES No. 477. An Act to amend an Act approved August 16, 1920, entitled: 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 6th, 1891, and the Act amendatory thereof as set out in Georgia Laws, 1900, pp. 343-344, approved November 30th, 1900, so as to empower the Mayor and 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 and 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 reduce the salary of the Mayor of said city to $350.00 per annum and to reduce the salary of each Alderman to $100.00 per annum, and for other purposes. Section 1. Be it enacted by the General Assembly of the State and it is hereby enacted by the authority of the same, That from and after the passage of this Act Section 1 of said Act approved August 16th, 1920, be stricken and the following be substituted in lieu thereof: Act of 1920 amended. Sction 3, as compensation for their services the Mayor shall receive a salary of $350.00 per annum and each of the Alderman shall receive a salary of $100.00 per annum and this provision shall take effect on the First Wednesday in April, 1923. Salaries reduced. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 16, 1922.

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MARIETTA; TAX TO PAY CITY INDEBTEDNESS. No. 396. An Act to amend the charter of the City of Marietta, so as to authorize the Mayor and Council thereof to levy and collect, in addition to the taxes which they are now authorized to levy and collect, a sufficient tax to be levied for each year from 1922 to 1931, inclusive, sufficient to raise the sum of $5,200.00 for each of said years, except the year 1931, and sufficient to raise for said year 1931 the balance then due on an indebtedness of $38,000.00 principal, besides interest, in favor of the First National Bank of Boston, against said City; to provide a penalty for the misapplication of the funds raised by said additional tax, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the Mayor and Council of the City of Marietta are hereby authorized to levy and collect for the years 1922 to 1931 inclusive, in addition to the taxes they are now authorized to levy and collect, a sufficient tax to be levied for each of said years to raise the sum of $5,200.00 for each of said years, except the year 1931, and sufficient to raise for said year 1931 the balance then due on an indebtedness of $38,000.00 principal, besides interest, balance on a judgment rendered in Cobb Superior Court in favor of the First National Bank of Boston against the City of Marietta. No portion of said sum, or sums, raised by said additional taxation shall be applied to any purpose whatever other than the satisfaction of said judgment and any person, or persons, found guilty of violating this Section shall be punished as for a misdemeanor. Extra tax levy to pay judgment. Sec. 2. Be it further enacted that before this Act shall go into effect, it shall be submitted to the qualified voters of the City of Marietta, Georgia, at an election to be called by the Mayor and Council of the City of Marietta, at least two weeks before said election to be held on the 20th day of

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September, 1922, and if a majority of the votes cast thereat shall be in favor of this Act then the same shall become the law, but should it fail in said election then it shall not become the law. Referred to popular vote. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1922. MCCAYSVILLE MAYOR AND COUNCILMEN; ELECTIONS. No. 508. An Act to amend An Act to amend, consolidate and supersede the several Acts incorporating the Town of McCaysville and in the County of Fannin, State of Georgia; to create a new municipal corporation to 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 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

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or of the Constitution of the United States, shall remain in full force and effect, and for other purposes, approved July 26, 1920, so as to provide that the election for Mayor and Councilmen shall be held on the second Saturday in December, 1922, and annually thereafter, and also to provide that the registration books for the voters shall be opened on the first Monday in November, 1922, and annually thereafter, and be closed on the first Monday in December, 1922, and annually thereafter; and also to provide that the Mayor and Council shall qualify and enter upon the discharge of their duties on the first Monday in January, 1923, and annually thereafter. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That Section Four of the Act approved July 26, 1920, creating a new charter for the City of McCaysville in Fannin County, Georgia, (Acts of General Assembly, 1920, page 1236) be, and the same is hereby repealed. Act of 1920, sec. 4, repealed. Sec. 2. Be it further enacted, That on the second Saturday in December, 1922, there shall be elected for said City of McCaysville, by the qualified voters herein, a Mayor and five Councilmen, annually thereafter on the second Saturday in December, a Mayor and five Councilmen. All elections for Mayor and Councilmen under this charter shall be by general tickets. The term of office of the Mayor and Councilmen elected under the provisions of this charter shall be one year, commencing on the first Monday in January next after their election, and until their successors are elected, or appointed and qualified. On the first Monday in January, after their election, the Mayor and Councilmen-elect shall meet at the City Hall in said City and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit: Election and term of mayor and councilmen. I do solemnly swear that I will well and truly demean myself as Mayor (or Councilmen as the case may be) of the Town of McCaysville for the ensuing term, and that I will

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faithfully enforce the charter and ordinances of said City to the best of my ability and skill, 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 conveyed as provided by the city ordinance. In the event that the office of Mayor or any one or more of the Councilmen shall become vacant by death, resignation, removal, or otherwise, 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. Oath of office. Meetings. Vacancy in office. Sec. 3. 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 61 of the Act approved July 26, 1920, creating a new charter for the City of McCaysville, Fannin County Georgia, (Act of the General Assembly 1920, page 1236) be and the same is hereby repealed. Sec. 61 repealed. Sec. 4. Be it further enacted, That it shall be the duty of the Clerk, upon the first Monday in November, 1922, and annually thereafter, to open a registration book for the registration of all qualified voters of said city. Said book shall be kept open each and every day between the hours of eight o'clock A. M. and six o'clock P. M. (Sundays and legal holidays exceped) until the first Monday in December 1922, and annually thereafter, 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 or female person, who is qualified to vote for members of the General Assembly, who has 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

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such person to register his name and color, recording on said book, beside 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. Provided that the present Mayor and Council of said City of McCaysville shall hold office until the 1st Monday in February, 1923, when his term of office for which he was elected expires. Registration of voters. Oath of voter. Present mayor and council hold. Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1922. MILLEDGEVILLE, CITY OF; ELECTION OF TRUSTEES OF GEORGIA MILITARY COLLEGE No. 337. An Act to amend an Act creating a charter for the City of Milledgeville, said State, approved December 15, 1900,

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so as to provide that in any and all elections hereafter held in the City of Milledgeville for Trustees of Georgia Military College, the city hall in the City of Milledgeville shall be the place for holding said elections, and that the Mayor and Aldermen of the City of Milledgeville shall pay out of the treasury of said City all expenses incident to said elections. Section 1. Be it enacted by the Genera Assembly of the State of Georgia, that from and after the passage of this Act, the Act approved December 15, 1900, creating a new charter for the City of Milledgeville, be and the same is hereby amended, as hereinafter provided. Act of 1900 amended. Sec. 2. Be it further enacted that hereafter in all elections held in the City of Milledgeville in pursuance of any Act of the General Assembly hereafter to be enacted that said elections shall be held at the city hall in the City of Milledgeville in accordance with the terms and provisions of any Act of the General Assembly, providing for the election of said Trustees. Elections at city hall. Sec. 3. Be it further enacted that all the expenses incident to the election of said Trustees shall be born by the Mayor and Aldermen of the City of Milledgeville and paid out of the treasury said city. Expenses. Sec. 4. Be it further enacted that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved August 1, 1922. NICHOLLS CHARTER AMENDED. No. 401. An Act to amend an Act approved August 16th, 1920, entitled An Act to provide and establish a new charter for the town of Nicholls, in the county of Coffee; to change its corporate name to the City of Nicholls; to define and describe

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its corporate limits; to provide a government for said city, and confer certain rights, powers and privileges on same; and for other purposes; so as to provide for a system of registration and qualification of voters in municipal elections held in said city; to authorize and provide for the collection of matriculation fees and tuition from the students of the public schools of 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 an Act approved August 16th, 1920, granting a new charter to the City of Nicholls be, and the same is hereby amended as follows: Act of 1920 amended. Section 1. The qualification of voters at any municipal election held in said City of Nicholls shall be the same as required of persons voting for members of the General Assembly of Georgia, and in addition thereto such persons shall have resided within the corporate limits of said City for a period of six months next preceding the election in which he or she may desire to vote, and shall have paid all taxes legally due and required to the State, County and City of Nicholls except for the year in which they offer to vote; and shall have registered as hereinafter provided. Voters qualified. Sec. 2. The Clerk of the Council of said City of Nicholls shall, concurrently with the opening of books for the receipt of ad valorem tax returns in said city, open a book for the registration of voters in said city, and shall keep such book open from day to day (Sundays excepted) during the usual and customary office hours of said Clerk, and until six o'clock Post Meridian of the day thirty days before the date of the annual election of officers for said city. In such book shall be written the name of the registering voter, his or her age, occupation and place of residence in said city. Any person who is, at the time he or she offers to register, possessed of all of the qualifications of a voter except time of residence in said city or majority, either or both, and who by election day will possess both these requisites, may be registered. Registration of voters.

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Sec. 3. The Mayor and Council may elect a Board of Registrars of the City of Nicholls, consisting of three members who shall be free holders and reside within the corporate limits of said city, who shall perform the duties hereinafter enumerated, but in the event no such Board shall be elected then the enumerated duties shall devolve upon the Mayor and Council, and be by them discharged in the same manner as required by said Board. Registrars. Sec. 4. The Clerk of the Council shall as soon as possible after said registration book is closed, make up an alphabetical list of all persons registered, showing their names, occupations and ages, which shall be submitted to the Board of Registrars of said city, or in the event no such Board be elected, then to the Mayor and Council, and said list shall be, by said Board of Registrars or by said Mayor and Council, purged of all persons not qualified to vote in the next municipal election of said city. List of voters. Purged. Sec. 5. The Board of Registrars, or Mayor and Council, as the case may be, shall complete their work and deliver the revised list of voters to one of the managers appointed for holding said election at least two days before the election. Completion of list. Sec. 6. Only persons whose names shall appear on the revised list of voters herein provided for shall be allowed to vote at such election. Voters. Sec. 7. The Mayor and Council shall, at least five days before the date of any election to be held in said City of Nicholls, appoint or elect for each voting precinct in said city three upright and intelligent free holders, residents of said city, to be managers of such election, and shall at the same time appoint or elect any and all necessary clerks for said managers. The laws now of force in said City relative to oaths of election officers, and the place and method of holding such elections, and the announcement of the results thereof shall continue in force. Managers of elections.

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Sec. 8. Beginning with the registration of voters directed by this Act to be taken, the name of all such voters who shall finally be placed on the voters' list for said election shall be placed on a permanent registration list for said City, by the Clerk of the Council or by the Board of Registrars, should such board be elected, and the names of other voters whose names shall appear on registration or voters' lists for other municipal elections, shall from time to time be placd on such permanent registration list as aforesaid. When any person's name shall have been placed on said permanent registration list, it shall not be necessary for such person to register again in order to be entitled to vote at any city election, as long as such person shall be otherwise entitled to vote; and the name of such person, as long as he or she may be entitled to vote under the provisions of this Act, shall be placed on the voters' list for all city elections. However, it shall be the duty of said Board of Registrars, or the Mayor and Council in the event no such Board be elected, when they make up a registration or voters' list for any municipal election, to canvass the permanent registration list herein provided for, and if it shall be decided that any person whose name appears thereon shall have become disqualified since his or her name was placed thereon, they shall give such person written notice to show cause why his or her name should not be stricken from said list, stating in said notice the day when he or she may be heard; and if by said date such disqualification shall not be removed, or if on such hearing it shall appear that such person is disqualified, then his or her name shall be stricken from such permanent registration list. Mailing of notice to the address of the voter, as shown by such list, shall be considered as notice as of date of mailing. Permanent registration. Canvass of list. Sec. 9. The Nicholls Board of Education shall, in addition to the provisions now existing for the establishment, maintenance and control of the public school system of said City of Nicholls, have the right, subject to the approval of the Mayor and Council, to fix and determine, from time to

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time, and from term to term, such matriculation fees and rates of tuition to be paid by any or all students entering such schools as may seem proper and shall provide when and how payment thereof shall be made. Schools; matriculation and tuition fees. Sec. 10. Any and all sums of money arising from the charge of matriculation fees and tuition of students of such schools shall become a part of the funds for the maintenance of said system of public schools, and must be so used; and shall be accounted for as are other funds disbursed by said Nicholls Board of Education. School funds. Sec. 11. This Act shall become effective immediately upon its passage and approval. Sec. 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 15, 1922. NICHOLSON CHARTER AMENDED. No. 330. An Act to amend the charter of the Town of Nicholson in the County of Jackson, State of Georgia, so as to enlarge the corporate limits of said Town and to change the terms of the Mayor and Councilmen thereof from one to two years, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section Two of an Act entitled An Act to incorporate the Town of Nicholson in the County of Jacksson, State of Georgia, to define its corporate limits, to provide a municipal government for said town, and to confer certain powers and privileges on the same and for other purposes approved August 22nd, 1907, be and the same is hereby amended, so as to read as follows: Act of 1907, sec. 2, amended.

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Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said Town of Nicholson shall include the following territory, to-wit: Beginning at a rock in the center of the track of the Southern Railway sixty (60) chains north of station of the Southern Railway Company in the Town of Nicholson, Georgia, running thence South seventy (70) degrees East forty (40) chains to a rock; thence South twelve (12) degrees West, twenty-four (24) chains, fifty (50) links to a rock; thence South twenty (20) degrees West, fifty (50) chains and fifty (50) links to a rock; thence South one (1) degree East fourteen (14) chains seventy-five (75) links to a rock; thence South three (3) degrees East twenty-eight (28) chains ninety (90) links to a rock; thence South seven and one-half (7) degrees East, two (2) chains and thirty-five (35) links to a rock; thence South eighteen (18) degrees East, five (5) chains to a rock; thence North seventy (70) degrees West sixty (60) chains to a rock; thence North eighteen degrees (18) West, five (5) chains to a rock; thence North seven and one-half (7) degrees West two (2) chains thirty-five (35) links to a rock; thence North three (3) degrees West, twenty-eight (28) chains, ninety (90) links to a rock; thence North one (1) degree West, Fourteen (14) chains, seventy-five (75) links to a rock; thence north twenty (20) degrees East fifty (50) chains, fifty (50 links to a rock; thence North Twelve (12) degrees East twenty-four (24) chains, fifty (50) links to a rock; thence South seventy (70) degrees East twenty (20) chains to the beginning rock corner in the center of the Southern Railway track. Territorial limits. Sec. 3. Be it further enacted by the authority aforesaid, That Section 3 of the Act entitled An Act to incorporate the town of Nicholson in the County of Jackson, State of Georgia, to define its corporate limits, to provide a municipal government for said town, and to confer certain powers and privileges on the same and for other purposes, be and the same is hereby amended by striking out the words every year in the second line of said Section 3 of said

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Act and substituting in lieu therof the words every two years, and also by striking out the words one year in the fourth line of said Section and substituting in lieu thereof the words two years so that Section 3 when so amended will read as follows: Be it further enacted by the authority aforesaid that on the first Saturday in September, 1902, and every two years thereafter there shall be held in said town an election for Mayor and Councilmen who shall hold office for two years and until their successors are elected and qualified etc. Sec. 3 amended. Election and term of mayor and councilmen. 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 1, 1922. NORCROSS ELECTIONS, AND FINES. No. 299. An Act to amend an Act approved August 17, 1908, amending the Act incorporating the Town of Norcross, so as to change the time of holding elections for Mayor and Councilmen from the first Saturday in January each year to the first Saturday in December each year; and to increase the maximum fine which may be imposed by the Mayor and Council from fifty ($50.00) dollars or thirty days' work on the streets or roads to one hundred ($100.00) dollars or sixty days' work on the streets or roads. 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 17, 1908, amending the Act incorporating the town of Norcross be amended by striking in line 17 of Section 3 of said Act the word January and inserting in lieu thereof the word December, so that said Section when amended shall read as follows: Act of 1908 amended.

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Be it further enacted, That on the first Saturday in January next, there shall be elected a Mayor and two Councilmen whose term of office shall be for two years who shall hold office until their successors are elected and qualified; also at the same time and place there shall be elected three Councilmen who shall hold their offices for one year and until their successors shall be elected and qualified, the successors of said three Councilmen to hold their offices for two years, so that the governing board of said city shall be composed of a Mayor and five Councilmen, the Mayor and two Councilmen to be elected every two years to serve two years and until their successors are elected and qualified and the three Councilmen to be elected for a term of two years to hold office until their successors are elected and qualified, said election to be held on the first Saturday in December in each year. The Mayor and Council may elect one of their body Mayor pro tem., whose duty it is to sit in the absence of the Mayor, or in case Mayor and Mayor pro tem are both absent, then a majority of the board of Councilmen can sit and transact business legally; that said Mayor shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be executed by the Marshall of said City. The Mayor and Council shall elect a Marshal whose term of office shall be for one year or until his successor is appointed and qualified. Sec. 3 to be read. Time of elections for mayor and councilmen. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That Section 12 of said Act be amended by striking the word Fifty in line 3 of said Section and inserting in lieu thereof the words one hundred and by striking the words thirty in line six of said Section and inserting in lieu thereof the word sixty so that said section when amended shall read as follows: Sec. 12 amended. Be it further enacted, That the Mayor and Council shall have full power and authority to impose a fine not to exceed

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one hundred dollars, and on failure of payment thereof to compel the delinquent to work on the streets or roads of said city not to exceed a period of sixty days and kept in the custody of the Marshal of said City during said service. Power to punish enlarged. 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 26, 1922. PEARSON CHARTER AMENDED. No. 358. An Act to amend An Act to incorporate the City of Pearson, in the County of Coffee, as embodied in the Acts of 1916, pages 852 to 874, inclusive, approved on the 18th day of August, 1916, by making the caption or title thereof show the City of Pearson to be in the County of Atkinson; by authorizing the levy and collection of a tax not to exceed ten (10) mills on all taxable property in the city of Pearson for the purpose of raising revenue to operate and maintain the public schools of said City of Pearson, in lieu of a levy of three (3) mills, as now provided in Section 28 of said Act; and by providing for the election of two members of the Board of Education of the City of Pearson on the second Tuesday in December of each year instead of the twentieth day of December, as now provided in said Act. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the caption or title of the Acts of Georgia, incorporating the City of Pearson, in the County of Coffee, as embodied in the Acts of 1916, pages 852 to 874, inclusive, approved on the 18th day of August, 1916, be and the same is hereby amended by striking the word Coffee, where it

Page 922

appears on the second line of said caption or title, and inserting in lieu thereof the word Atkinson. Act of 1916 amended. Name of county. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the aforesaid Act, approved on the 18th day of August, 1916, be and the same is hereby further amended by striking the word three (3) where it appears on the fourth line of Section 28 of said Act, on page 863, and inserting in lieu thereof the word ten (10). Sec. 28 amended. Tax levy. Sec. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the aforesaid Act approved on the 18th day of August, 1916, be and the same is hereby further amended by striking the words twentieth day of December where they appear on the seventh line of Section 30 of said Act, on page 863, and inserting in lieu thereof the words second Tuesday in December. Sec. 30 amended. Time of election. Sec. 4. Provided further that before the provisions of Section 2 of this Act, shall become of full force and effect only when ratified by a majority of the votes cast by the qualified voters of the City of Pearson, for their approval at an election to be called by the Mayor of said City of Pearson, which election and the notice of the call must be published for thirty days immediately preceeding the election which election shall be held during the year 1922, in the City of Pearson after the passage of this bill, and it is hereby made the duty of the Mayor, or the Mayor pro tem in case the Mayor refuses to call said election as provided in this Act, and those parties who wish to cast their ballots for the provisons of Section 2 of this bill, shall do so by casting ballot having written or printed upon them the words Against the levy of the tax in the City of Pearson to operate and maintain the public school of said City of Pearson, and those who wish to cast ballots in favor of the levy of the tax in the City of Pearson for the purpose of raising revenue to operate and maintain the public school

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of said City of Pearson, and against the provisions of Section 2 of this bill shall do so by casting ballots having written or printed on them the words For the levy of tax for the purpose of raising revenue to operate and maintain the public school of said City of Pearson. Provided further, that the returns of said election shall be made to the Mayor or the Mayor pro tem. of the City of Pearson, and he shall declare the result thereof; and provided further that the rules and regulations of holding of said elction where not otherwise provided in this bill shall conform to laws of Georgia. Sec. 2 hereof referred to popular vote. Ballots. Returns. 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 8, 1922. REX CHARTER REPEALED. No. 379. An Act to repeal an Act to incorporate the City of Rex, in the County of Clayton, State of Georgia, to provide a government for same, and for other purposes, approved August 16, 1912. Section 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 an Act to incorporate the City of Rex, in the County of Clayton, State of Georgia, approved August 16, 1912, be and the same is hereby repealed. Act of 1912 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved August 11, 1922.

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RICHLAND SCHOOLS, ELECTION TO ABOLISH. No. 461. An Act to repeal an Act to establish the public school system in the town of Richland, Georgia; to empower the Mayor and City Council for said town to levy and collect a tax for the support thereof; to provide for the issuance of bonds for said town for the purpose of purchasing said School property, building school houses, etc., to create a Board of School Commissioners for said town, to authorize the County School Commissioner 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 6th, 1891 and published in Vol. 2 of the Acts of 1890-91, pages, 1045-48 inclusive, and for other purposes. Section 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 a Public School System for the Town of Richland, Georgia; to empower the Mayor and his Council of the said Town of Richland to levy and collect a tax for the support thereof; to provide for the issuance of bonds by the said Town for the purpose of purchasing school property, school buildings, etc., to create a Board of School Commissioners for the said Town; to authorize the County School Commissioner for said County to turn over to the said School Board such property and such part of the State funds as may be the full pro rata share of the Town of Richland, and for other purposes, approved October 6th, 1891; together with all amendments thereto, be and the same is hereby repealed. Act of 1891 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That this repealing Act shall not become effective, nor the repeal provided for in Section One of this Act enforced until there shall have been an election in the School District of Stewart County in which the Town of Richland may be located and at which election there shall be submitted

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to the qualified voters of the said School District the question of supplementing the funds received from the State Public School Fund, by a local tax for educational purposes, and until the said election shall have been carried in favor of local taxation for Public Schools and the result thereof published and publicly declared in accordance with the provisions of the Code of School Laws of the State of Georgia. This act made dependent on school-tax election. Sec. 3. Be it further enacted that from and after the date at which this Act shall become effective all the property both real and personal including all the school equipment now owned by the said Board of School Commissioners of the Town of Richland, shall become the property and be subject to the control of the Mayor and Council of the Town of Richland. School property. 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 15, 1922. RICHLAND, NEW CHARTER OF CITY OF. No. 475. An Act to create a new charter for the City of Richland in the County of Stewart, State of Georgia (heretofore made a body politic and corporate, by Acts of the General Assembly of Georgia under the name of a Mayor and Council of the Town of Richland, the Act creating same approved Dec. 18, 1902), and to re-incorporating said town, changing same from a town charter to a city charter and define its territorial limits; to continue in operation, to confirm and consolidate all Acts heretofore passed incorporating said town, amending the charter thereof to provide, that all ordinances, rules, regulations and resolutions

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of said town now in force, not in conflict with this Act, to be preserved and continued of force and valid and binding until the same are repealed or amended by the Mayor and Council of said city; to declare and consolidate the rights and powers of said incorporation; to describe the rights and powers, duties and liabilities and qualification of all officers and the manner of their election and removal from office; to provide for the retention of present officers of said town until an election provided for in this charter is held; to provide the manner and time for election in said city; to provide for the qualification of all the electors and voters therein; to provide for Mayor's Court and trial and punishment therein of all offenders against the laws of said city and the manner of appeal therefrom; to provide for said city chaingang and the working of prisoners therein; to provide for a fire department, a board of health, a police department and to prescribe the rights, powers and duties of the same; to authorize the Mayor and Council to maintain and operate a system of waterworks and sewerage and an electric light plant; to authorize the Mayor and Council to maintain and operate a municipal ice plant; to authorize said city to borrow money and issue bonds and other evidence of indebtedness, for public purposes; to provide for public park and cemeteries; to provide for streets, avenues, lanes, alleys, sidewalks and crossings, and for laying out, opening, grading, working and paving the same. To provide for the assessment, levy, and collection of an ad valorem tax on property, real and personal, for the General purposes and paying the principal and interest on the bonded indebtedness of the city; to authorize the assessment and collection of a tax for the working of streets of said city; to authorize a tax and license of all kinds of business, trades, professions, shows, exhibitions and entertainments in said city; to provide for the abatement of nuisances; to prohibit the sale of intoxicating liquors in said city; to prohibit the keeping or storing for illegal purposes of all intoxicating liquors and punishment

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of the offender; to grant encroachment upon the street; to force the connection of all closet's with sanitary sewerage; to provide penalty for failure to do so and regulate the manner in which said city shall construct, and maintain present sewerage system and new extensions thereof for sanitary purposes and enforce a lien against the property for the same; to provide for all matters and things necessary, proper and incident to a municipal corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the inhabitants of the territory hereinafter designated be, and they are hereby constituted and continued a body politic and corporated under the name and style of the City of Richland; and by that name and style shall have perpetual sucession with the powers and authority in and by said corporation to contract and to be contracted with, to sue and be sued, to plead and to be impleaded in any court of law and equity in this State, or elsewhere as their rights may come in question; shall have and use a common seal and shall be able in law and equity to purchase, to have, to hold, enjoy, receive, possess, and retain to them their successors and assigns for the use and benefit of said City of Richland, in perpetuity, or for any time of year, any estate or estates and any kind of property of whatever kind or nature within or without the corporate limits of said city for corporate purposes. To have and to hold all property now belonging to said city; either in its own name or in the name of others, to the use of said city for the purposes and intents for which the same were given, granted and dedicated; to use, manage and improve, sell, convey, rent and lease the same; and shall have like powers over all property hereinafter acquired; and shall succeed to all the rights and liabilities of the present corporation of the city of Richland. They shall have the power to borrow money and give evidence of indebtedness for the same as provided by the laws of said State for casual deficiencies, to issue bonds and to

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do and perform all and every act necessary or incidental to the raising of funds for the legitimate use of said city. They shall have the right, power and authority to govern themselves by such rules, laws, by-laws, regulations, resolutions, ordinances, or other orders as they may deem proper, not in conflict with this charter or the Constitution and laws of this State and of the United States. Corporate name; general powers. (a) All the rights, titles, properties, easements, herediments, and all and everything now belonging to or any ways appertaining to the present corporation of the town of Richland, shall succeed to and hereby vest in the City of Richland created by this Act. Rights preserved. (b) And the said City of Richland created by this Act is hereby made responsible as a body corporate for all the legal debts, cotracts, bonded indebtedness and undertakings of every kind of the said town of Richland as heretofore incorporated. Liabilities continued. (c) And the City of Richland through its Council, as herein provided shall have special power to make all contracts that may be deemed necessary for the welfare of the City or its citizens. Contracts. Sec. 2. Be it further enacted, That the corporate limits of said city shall be as follows: The corporate limits of said city lying West of the railroad leading from Columbus to Albany through said City of Richland shall extend thirteen hundred twenty (1320) yards in every direction on the West side of said railroad herein mentioned from the center point of the railroad leading from Columbus to Albany crosses and intersects the railroad leading from Savannah to Montgomery through said city. The corporate limits of that portion of the City of Richland lying East of the railroad leading from Columbus to Albany through said City of Richland shall extend fourteen hundred sixty (1460) yards in every direction on said East side of said railroad herein mentioned from the center point where the railroad leading from Columbus to Albany crosses and intersects the

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railroad leading from Savannah to Montgomery through said city. Territorial limits. Sec. 3. Be it further enacted, That the municipal government of said city shall be vested in a Mayor and five Councilmen to be elected as herein provided; and such other officers as said Mayor and Council may consider right and proper to elect or appoint as hereinafter provided. That said Mayor and Council shall constitute the legislative department of said city and as such shall have full power and authority, from time to time, to make and establish such rules, laws, ordinances, regulations and orders as may to them seem right and proper respecting all and every matter and thing whatever, that may be by them considered necessary and proper or incident to the good government of said city, and to the peace, security, happiness, health, welfare, protection or convenience of the inhabitants of said city and for preserving the peace, good order, and dignity of said government of said city. This enumeration of powers shall not be construed as restricted to said powers alone but shall include all and every other thing or act necessary or incident to municipal government, and shall not conflict with any special power or authority given said city government by this Act, or by any Act or Acts heretofore passed, but shall be construed as an addition and in the aid of such powers. Government; powers of mayor and council. Sec. 4. Be it further enacted, That the Mayor and five Councilmen shall be elected by ballot on the first Tuesday in February of each year, but if the said election shall have passed before the passage of this Act, the first election under this Act shall take place within sixty days after the passage thereof. Said Mayor shall hold a term of office for two years. Three of said Councilmen shall hold their office for a term of two years, the other two for one year, the long term councilmen shall be decided by ballot, annually thereafter there shall be an election to fill the places of those whose term expired, their successors shall, after the first election under this Act, be elected for two years. Said

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election shall be held by a justice of the peace in the city district and two freeholders residing in said city; or in event the justice of the peace fail or refuse to act the Mayor shall appoint another freeholder to act in his place, said managers of election shall subscribe to the oaths provided for in Section 6 of this Act. The present Mayor of the town of Richland, T. F. Carter, and five Councilmen, to-wit: Z. L. Coffin, A. A. French, S. E. Bell, N. V. Davis and Oakes Giles, shall hold office and discharge the duties thereof until the election to be held under this charter for Mayor and Councilmen on the first Tuesday in February, 1923; or until election is held under this Act. Newly elected Mayor and Councilmen shall be sworn in on the third Tuesday night in February as hereinafter prescribed. That all minor officers including the Mayor pro tem, elected or appointed by the Mayor and Council, shall hold their office and discharge the duties thereof for the time for which they were elected or appointed, unless sooner removed by Mayor and Council for cause. Election of mayor and council. Terms of office. Managers of elections. Present officers hold. Minor officers. Sec. 5. Be it further enacted, That every person who shall have attained the age of twenty-one years and who is a citizen of the United States, and who shall have resided in and had domicile in the State of Georgia for one year and in the County of Stewart for six months, and in the City of Richland for six months next preceding date of the election and who shall have paid all State and County taxes since the adoption of the present constitution of the State of Georgia and who shall have paid all municipal taxes and done all work on streets and who shall have registered as a qualified voter as herein provided for as follows: That all citizens of the City of Richland who have resided within the corporate limits of said city for six months previous to the date of any municipal election held in said city, and who shall be qualified to vote for members of the General Assembly of Georgia, and who have paid all taxes due the State and County up to and for the year previous to that in which said election is to be held, and who shall have paid all taxes, fines, and

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dues of every nature which may be required of him or her by the city of Richland shall be entitled to vote in any municipal election in said city; provided, he or she shall have first registered with the Clerk and treasurer of the Mayor and City Council of the City of Richland and who shall have subscribed, previous to have his or her name entered on the city registration book the following oath, before said Clerk and Treasurer: I do solemnly swear that I am twenty-one years of age, that I have resided in the city of Richland for six months previous to this date, (or that I will have so resided before the next municipal election), and that I am a citizen of the State of Georgia, and do not owe the State of Georgia nor the County of Stewart, nor the city of Richland, any taxes which remain due and unpaid, nor am I due the City of Richland and fine or moneys of any nature whatever, so help me God. That it shall be the duty of said Clerk and Treasurer to prepare for each year a registration book for the registration of the voters of said city, upon which shall be printed the oath herein prescribed and the caption now used by the tax collector of Stewart County, Georgia, in his registration book and upon which he shall enter, or cause to be subscribed the name of all voters in said city who apply to be registered. It shall be the duty of said Clerk and Treasurer to keep said book or books open in his office from the first day of April of each year until the first day of December before the general election of said City of Richland for the registration of such voters as may apply to be registered and to keep said book so that, color, occupation and age of each voter shall be known. After the registration books above provided for shall be closed, it shall be the duty of said Clerk and Treasurer to compare with the books of the State and County taxes and the city tax books, and it shall be his duty to erase from said list the names of all persons who shall have not paid to him all taxes due as herein provided. After having purged said list as herein prescribed said Clerk and Treasurer shall make out a list as herein prescribed said clerk and treasurer shall make out a list of the qualified voters so far as the books show and

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certify said list as correct, which list shall be kept on file by said Clerk and Treasurer and in his custody and shall be known as the voters' list of said city, and at any municipal election held in said city, said Clerk and Treasurer shall furnish said list to the managers of such election for their government in conducting said election. Provided, however, the certified copy of the list of qualified voters in said city shall be posted at the Council Chamber door when said list is completed. That it shall be unlawful for the managers of any municipal election held within said city to allow any person to vote at such elections unless the name of such person appears on the registration list furnished them in accordance with the provisions of this Act. Voters qualified. Oath of voter. Registration of voters. List to be purged. Voters' list. Section 6. Be it further enacted, That the Mayor shall appoint three managers of elections, two freeholders and a justice of the peace in said city, who shall be registered voters and qualified to vote in municipal elections, to manage said election. It shall be the duty of said managers to receive, count and verify the votes polled. Each of said managers before entering upon his duty shall subscribe the same oath as that subscribed for managers holding elections for county officers in this state. In event the justice of the peace refuses or fails to act, the Mayor shall appoint one additional freeholder to fill his place and said freeholder shall be authorized to manage said election as though said justice of the peace were prsent. Duties of election managers. Sec. 7. Be it further enacted that any person offering to vote at any election of said city, if he or she is challenged, shall take the following oath: I do solemnly swear that I am twenty-one years old and have registered and qualified as a voter of the city of Richland, so help me God. All persons voting illgally at any elections in the city of Richland shall be liable to the same penalties prescribed by the laws of the State of Georgia for illegal voting in state and county elections and may be proscuted for the same in any court in Stewart county having jurisdiction. Oath of challenged voter. Sec. 8. Be it further enacted, That it shall be the duty of

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said Clerk and Treasurer and he is hereby required to keep a book to be called the permanent qualification book upon which all persons desiring to qualify as voters in said city shall be required to qualify as herein required. Such voters upon qualification shall sign their names in alphabetical order and shall be subject to examination by said Clerk and Treasurer as to their qualification and said Clerk and Treasurer shall have the right and shall be charged with the duty of examining, each two years, the qualification of each voter or name entered thereon. That each year said Clerk and Treasurer shall make up the registration list for the year prior to any general election by putting on such registration list the names of such persons as appear on such permanent qualification book who have previously registered and qualified as provided in this Act. That all persons who have qualified, registered as herein provided, and who have signed the permanent qualification book, shall not thereafter be required to register or further qualify, except as may be required by said Clerk and Treasurer. And such persons shall in all cases be entitled to receive notice before his name shall be stricken from said permanent qualification book by said Clerk and Treasurer; provided that no person shall remain registered longer than he retains the qualification. That it shall be the duty in making out and purging a voter's list of the qualified voters of said city to place thereon all names of persons whose names appear on said permanent registration book, but that said Clerk and Treasurer shall strike from said permanent registration book all of such names who shall not be qualified voters as provided in this Act. Permanent qualification book. Yearly list. Notice before name stricken. Sec. 9. Be it further enacted, That it shall be the duty of the Mayor to furnish all necessary material for holding elections in said city. All elections shall be held at such place or places in said city as the Mayor and Council may prescribe by ordinance. The polls shall be opened at six o'clock A. M. and close at six o'clock P. M. solar time, at all elections. Places and times.

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Sec. 10. Be it further enacted, That the Chief of Police and the Sheriff of Stewart County shall take all necessary steps and precautions to preserve order, to prevent the carrying of deadly weapons, and to secure to all electors the right to deposit their ballot at the polls without fear of harm of intimidation. No officer of said city or manager of any election shall theaten or intimidate or persuade any elector at such election. That after the votes of any election shall have been counted by the managers thereof they shall cause and make out two tally sheets and election returns to be certified by them as true and correct, one of which shall be retained by said managers and the other turnd over to the mayor who shall declare the results of said election in the presence of the Councilmen at the next regular meeting following said election and said Mayor shall cause the persons elected to be notified of the same and shall file with the City Clerk and Treasurer a certified copy of the tally sheets of said election, together with said returns to be kept on file by said Clerk and Treasurer and duly recorded by him on the board of Councilmen. The person who shall receive the largest number of votes cast for Councilmen shall be declared duly elected. In case of a tie vote between two or more persons for the same office, another election shall be called by the Mayor and Councilmen to be held within thirty days of the election at which said tie occurred; provided, that the persons running for Councilmen receiving the greatest number of votes cast shall be declared elected. Orderly elections. Returns of elections. Results declared. Tie of votes. Sec. 11. Be it further enacted, That the persons elected as Mayor and Councilmen shall attend on the first regular meeting, after said election, of the City Council of said city at the Council Chamber of the city hall for the purpose of qualifying and taking oath of office. The Mayor and Councilmen so elected shall take and subscribe before some officer authorized by law to administer oaths, the following oath: I, , do solemnly swear that I will well and truly perform the duties of Mayor (or Councilman as the

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case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Richland and the common interest thereof, so help me God. They shall then immediately enter upon the duties of their respective offices. Oath of office. Sec. 12. Be it further enacted, that in case of a vacancy on the board of Councilmen either by death, resignation or failure to qualify, removal from office or removal from the city, the Mayor shall, together with the remaining members of said council, have power to fill said vacancy or vacancies by appointing any person qualified under this Act to hold said unexpired term or terms. That in case of the death of the Mayor, removal from said city, or failure to qualify the board of Councilmen shall order an election to fill said vacancy, notice of which shall be given by publication in the gazette in which the legal advertisement of said city are published, which election shall be held within thirty days from the beginning of said vacancy or vacancies but no registration shall be held for said election; the registration list for the last lection shall prevail. Vacancy in office, how filled. Sec. 13. Be it further enacted, That no person shall be eligible to hold the office of Mayor unless he be at least twenty-one years old, and a qualified elector of the City of Richland and shall have resided in said town two years immediately preceding his election. No person shall be eligible to the office of Councilman unless he shall have attained the age of twenty-one, and be a qualified elector of said city and shall have resided in said city two years immediately preceding his election. Eligibility to office. Sec. 14. Be it further enacted, That the term of office of the Mayor shall be two years, who shall be elected at the same time and in the same manner as is provided in this Act for the election of Councilmen and shall hold office until his successor is selected and qualified. He shall receive such salary per annum as shall be fixed by the Board of Councilmen and which shall not be changed during his term of

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office. He shall be the chief executive officer of the city and shall have general supervision over all of its affairs, and who shall preside over all of the meetings of said council. He shall sign deeds and contracts, except deeds made for property sold at public sale under execution, which shall be signed by the Marshal or Chief of Police; approve all bills and vouchers for the payment of money, and shall be clothed with veto power as hereinafter set out. It shall be his duty to see that the laws of this State and ordinances of the said city are faithfully executed within the corporate limits of said city. He shall keep the Board of Councilmen advised from time to time of the general conditions of the city, and shall recommend such measures as he may deem necessary and expedient for the welfare thereof. He may call the council together at any time when deemed necessary by him and shall preside over same; he shall devote as much time as may be necessary to the business of the city. That the regular meting of said Mayor and Board of Councilmen shall be on the first and third Tuesday nights in each month and at such time and place as said Mayor and Council may by ordinance provide. Mayor's term, salary, duties and powers. Sec. 15. Be is further enacted, that said Councilmen shall receive as compensation for his or their services out of the treasury of said city such sum per annum as said Mayor and Council may provide by ordinance and which compensation of the Mayor and Councilmen shall not be changed during the term of office for which they were elected. Pay of councilmen. Sec. 16. Be it further enacted, That should the Mayor or any member of the Council be guilty of malpractice in office or wilful neglect of his office, or abuse of the powers conferred on him, or shall be guilty of any other conduct unbecoming an officer of said city, he shall be subject to impeachment by said Mayor and Councilmen, and on conviction shall be removed from office. That the provisions and the manner of such impeachment shall be made by said Mayor and Councilmen by ordinance. Removal for malpractice or neglect.

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Sec. 17. Be it further enacted, That there shall be a Mayor pro tem., who shall be elected from the Council to preside over that body in the absence or his disqualification, or absence on account of illness; and who shall be clothed with all the rights, powers, and duties of Mayor during his absence or disability of said Mayor. Before entering upon the discharge of his duty as Mayor pro tem., he shall take the same oath prescribed herein for the Mayor in addition to the oath taken by him as Councilman. Mayor pro tem. Sec. 18. Be it further nacted, That every ordinance and resolution passed by the Council shall before the same becomes effective, be approved and signed by the Mayor within ten days after the passage thereof, unless passed over his veto. Any action taken by the Council if he shall not approve the same and shall return it with his objections entered thereon to the City Clerk and Treasurer within ten days after its passage and the Council at the next regular meeting thereof, if a quorum be present, order said objection recorded on the minutes and take a vote on said question as to whether said resolution or ordinance shall become adopted over said veto, should as many as four commissioners vote in the affirmative said resolution or ordinance shall become effective without the approval of said Mayor; otherwise not. If said ordinance or resolution shall not be returned by the Mayor to the City Clerk and treasurer within ten days after its passage it shall become effective in the same manner as if the Mayor had signed and approved the same. Ordinances and resolutions. Veto. Section 19. Be it further enacted, That the police force of said city shall consist of a Chief of Police and a Marshal and such other persons as the Mayor and Councilmen may by ordinance prescribe. Their term of office shall be for twelve months and until their successors are elected and qualified, but they or any of them may be suspended or discharged by the Mayor and Council at any time, when in their opinion, such suspensions or discharge becomes necessary

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for the good of the service of the interest of said city. The compensation of the police force shall be prescribed by the Mayor and City Council by ordinance. They shall have the power and authority to arrest all persons within said city guilty of or charged with violating any of the penal laws of this State or any of the ordinances of the city of Richland and all persons committing or attempting to commit against the laws of this State or any violation of the ordinance of this city. They shall have power and authority to confine all persons arrested in the county prison or in the common jail of Stewart County and bring them before the Mayor's court for trial or commitment; provided, that all persons desiring to give bail for their appearance before such Mayor's court shall be allowed to do so, which shall not exceed the sum of one hundred dollars; and which bail shall be fixed by the Mayor or any one of the Board of Council. That said Chief of Police or Marshal shall be allowed to take a cash bond, the manner of taking of which shall be prescribed by said Mayor and Council by ordinance. The police force shall be elected by the Mayor and Council who shall have power to prescribe all rules and regulations for the general management and discipline of the officers and men. Police force. Arrests. Imprisonment. Bail. Cash bond. Sec. 20. Be it further enacted, That it shall be the duty of the Chief of Police, either upon written or verbal notice of the Mayor or any member of the Board of Councilmen, or citizens of said city, to arrest or prosecute all offenses against the ordinances of said city committed within the limits of said city of Richland. That said Chief of Police or Marshal or any member of said police force shall not arrest any person violating the ordinances of said city, if said persons so violating any of the ordinances of said city shall demand a warrant before his arrest. In case any crime is committed in the presence of any member of said police force or comes to his knowledge it shall be his duty to prosecute the same without such notice; provided, that he shall in all cases first obtain a warrant before arresting any person if a warrant shall be demanded. Warrants for arrests.

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Sec. 21. Be it further enacted, That in addition to the officers already named, said Mayor and Council shall elect a City Clerk and Treasurer (Clerk and Treasurer may be one and the same person), a city marshal and city attorney and other such officers or agents of the city as the Mayor and Councilmen may by ordinance prescribe. These officers shall serve for a term of twelve months and until their successors are elected and qualified, and no person shall hold said office or offices unless he is qualified, to be judged of by the Mayor and Council by a majority vote thereof. That said officers including the Chief of Police herein named, shall be elected by said Mayor and Council at their first regular meeting each year or at any regular meeting of said Councilmen. That either one or all of said officers may be combined or consolidated into one of said officers, and one person eligible under this Act may hold all, one or any two of said offices. That such bond shall be given by said officers and such oath subscribed as may be prescribed by said Mayor and Council by ordinance. That any of said officers may be suspended or discharged by the Mayor and Council by ordinance. That any of said officers may be suspended or discharged by the Mayor and Council at any time with or without notice when in their opinion such suspension or discharge shall become necessary for the best interest of said city. Clerk and treasurer, marshal, attorney. Sec. 22. Be if further enacted, That it shall be the duty of the Clerk and Treasurer to receive and disburse all money of the city and who shall give such bond as the Mayor and Councilmen may prescribe, conditioned for the faithful performance of his duties and shall take an oath that he will, to the best of his skill and power, faithfully and efficiently perform the duties of his office. He shall make itemized reports o fall receipts and disbursements and submit same to the Mayor and Councilmen whenever called upon by them to do so, and who shall be subject to all ordinances passed by said Mayor and Council pertaining to his duties and shall keep the moneys received by him deposited in such

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banks or bank in the City of Richland as said Mayor and Council may prescribe, and he shall attend all meetings the Mayor and Council, keep the Minutes and files of each, attest all ordinances, deeds or contracts made by said city, attend to the issuance of license, sign and issue all executions or other processes in the name of the Mayor for the collection of taxes or money due said city for rental on lights and water and perform such other duties as the Mayor and Council may from time to time prescribe. Clerk and treasurer. Bond and oath. Reports. Other duties. Sec. 24. Be it further enacted, That it shall be the duty of the Chief of Police or City Marshal to levy and collect all exceutions for taxes or other money due the city, to advertise and conduct all sales of property under execution, execute deeds or other conveyances as is usual in such cases, to look after and oversee the construction, maintenance and repair streets, highways and alleys within the corporate limits of the City of Richland and perform other such services as the Mayor and Council may herein require; provided that nothing herein contained shall prevent the Mayor and Council from combining and consolidating the offices of Chief of Police and City Marshall and electing the same person to fill both offices. Duties of marshal or chief of police. Sec. 25. Be it further enacted, That the Mayor and Council shall have authority to prescribe the duties of all the officers of said city, to fix their salary and the amount of bond they shall give for the faithful performance of their duties and prescribe the oath to be taken by them, That all elections by Mayor and Council for any of the officers shall be in public and shall be conducted as follows: as soon as the names of the candidates for the various officers the Clerk and Treasurer shall call the roll and each member of the body shall, as his name is called, vote viva voce. The Clerk and Treasurer shall keep a correct record of all votes which shall be entered on the minutes and on the conclusion of the call the Mayor shall announce the results, a majority of the whole board shall in all cases be necessary to elect or confirm as the may be. That in the case of a vacancy

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of any of the officers elected by the said Mayor and Council caused by death or otherwise it shall be filled by said Mayor and Council at their first regular meeting immediately following such vacancy, or a meeting may be called for that purpose to fill said vacancy. Duties of officers. How elected. Vacancy. Sec. 26. Be it further enacted, That there shall be a Mayor's Court maintained and established for the City, which shall have jurisdiction to try offenses against the laws and ordinances of the municipal government. Said court shall have power to enforce its judgments by inflicting such penalties as may be provided by the ordinance, punishing witnesses for non-attendance and also punish any person who shall counsel or advise, aid, encourage, or intimidate a witness whose testimony is material, or desired before said courts, to absent himself or go away beyond the reach of the process of the court. Said court shall have full jurisdiction and power for the purpose of compelling the attendance of witnesses before said court, residing anywhere in said County of Stewart or within the limits of said city. That said court shall be presided over by the Mayor and in his absence or disqualification the Mayor pro tem. and said court shall be held every Monday morning and from day to day as the same becomes necessary, or at any other time and as often as may be necessary to try all offenders against the city ordinances. That the mayor or the mayor pro tem. of said city shall have power to impose fines for violations of any laws or ordinances of the City of Richland to an amount not to exceed one hundred dollars or to imprison offenders in the city barracks or prison for a period of not more than thirty days or to labor on the public works or streets in the city chaingang for not more than thirty days. He shall also have power to impose either one, both or all of said fines and punishment in the discretion of the Mayor. He shall also have the same powers of the judges of the Superior Courts of this State to punish for contempt by a fine not to exceed twenty-five dollars or imprisonment in the barracks of prison not to exceed fifteen days. He shall be, the Mayor of

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said city, to all intents and purposes as justice of the peace so far as to enable him to issue warrants for offences committed within the corporate limits of said city which warrants may be executed by any member of the police force of said city, and to try and commit the offenders to the jail of Stewart County or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in and for said County. Mayor's court. Powers. Sec. 27. Be it further enacted, That the chief of police shall attend the sessions of said court in addition to his other duties. That the Clerk of said Council shall sign and issue all processes, executions, summons, subpoenas, attachments and all other processes issuing out of said court all of which shall bear test in the name of the Mayor. The ministerial officers of the said court shall be the chief of police or marshal and his entire force and the Clerk and Treasurer of said Mayor and Council any of whom with the exception of the Clerk and Treasurer may execute and return the mandates of said court and to whom in the alternative all mesne and final process shall be directed. The chief of police and all the officers of said court shall be liable to contempt for non performance of the orders of said court. Officers of court. Sec. 28. Be it further enacted, That there shall be no appeal from the judgment or decisions of said mayor's court except by writ of certiorari to the Superior Court of Stewart County and from the Superior Court to the Court of Appeals. That no person convicted in said Mayor's Court shall be released from custody until he shall have given a good and sufficient bond and security to be fixed and approved by the Mayor of said court for his appearance to carry out and perform said sentence in the event the same is offered, which bond shall include the costs of his conviction. Certiorari; no appeal. Appearance bond. Sec. 29. Be it further enacted, That the Mayor and Council shall have full power and authority to pass such laws, ordinances, rules and regulations necessary and

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proper to secure the efficient and successful administration of the business of said court, provided, that none of said ordinances, rules or regulations shall be in conflict with the laws of said State and this charter. Ordinances and regulations of court. Sec. 30. Be it further enacted, That the Mayor and Council shall cause any nuisance likely to endanger the health of the city or any neighborhood of place to be abated in a summary manner, and where the nuisance is caused by the act of negligence of any individual, firm or corporation, the expense of such abatement shall be charged agaisnt the party causing the same, and payment thereof be enforced by fine or imprisonment or both in the discretion of said Mayor and Council. That said fine, when imposed, may be enforced by execution. Nuisances, expense of abating. Sec. 31. Be it further enacted, That said Mayor and Council shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public health and likewise for the prevention of the generation and introduction of infections and contagious diseases. They shall likewise exercise absolute power over the subject of quarantine, personal or otherwise, penalties for the violation of which shall be fixed by ordinance of said Mayor and Council. They shall have full power and authority to declare what acts and things shall be deemed nuisances, injurious to health, how and within what time the same shall be abated, and likewise to declare what may be necessary for the preservation of the public health and for the prevention and generation of infectious and contagious diseases. All ordinances of the City of Richland now in force for the prevention of all things in this section shall have full force and effect until the same are changed either by amendment or otherwise. They shall, by ordinance, provide for the punishment and the Mayor's court shall have jurisdiction to try and punish all persons charged with and found guilty of any violation of any resolution or ordinance pertaining to the public health of said city. They may establish and maintain a smallpox hospital or other hospitals

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for the confinement of persons infected with contagious diseases. That for the purpose of carrying out this section they may elect a city physician and by ordinance establish and maintain a Board of Health for said city and confer upon said board by ordinance or resolution such powers and duties as is necessary for the carrying out of this section and for the purpose of the public health of said city. Should said Mayor and Council deem it proper to establish a board of health for said city same shall be composed of the Mayor, a physician and two of the councilmen of said city, which physician shall be paid such salary or perquisite as said Mayor and Council may prescribe. Sanitation. Quarantine. Nuisances. Diseases. Hospitals. Physician. Board of Health. Sec. 32. Be it further enacted, That the Mayor and Council shall elect a Chief of Fire Dpartment and any other officers and men thereof, and shall have power to suspend or remove whenever they shall deem it necessary or proper for the well-being and efficiency of said department. They shall have power to prescribe all rules and regulations for the general management for the officers and men of this department and fix by ordinance the salaries of same in the discretion of said Mayor and Council. The chief and members of said department shall be elected in the manner and at the same time as other ministerial officers of this Act are elected and shall be subject to the same rules and regulations that said Mayor and Council may from time to time prescribe. Fire department. Sec. 33. Be it further enacted that the city shall have and maintain and operate the present system of water and light and shall have the right to establish, equip, modify and operate a light and water system, a sewerage system, drainage system within the corporate limits of said city for the public health and convenience of the citizens thereof; to appoint superintendent of such other laborers as they may deem necessary to operate said system or systems. To purchase, rent and lease real estate and apparatus and machinery and all other thing necessary to properly and successfully conduct said light, sewerage, drainage and water system

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and hold title to the same for the city, to collect, receive all moneys for water rent, light rent, or drainage rent, or sewerage rent and all other revenue derived from said system or systems, to make such rules and regulation for the government and management of the employees of said system or systems as they may deem necessary for the interest of said system or systems not in conflict with this charter or the law of said State. They shall have power and authority to fix the compensation of any of the employees of said system or systems, their time of service and may suspend or discharge any of said employees when they may deem it for the best interest of said system or systems. That said Mayor and Council shall have the right and power to make such rates, rents and tolls for the patrons of said system or systems as they may deem it for the best interest of said system or systems. Water, light and sewersystems. Sec. 34. Be it further enacted, That the Mayor and Council shall have full power over all the streets, lands, lanes, alleys, sidewalks, crossings, parks and public lands of said city. They shall have full and complete power to manage, control, direct, work, grade, drain and pave the same or cause the same to be done. They shall have full and complete power and authority to remove or cause to be removed any building, stall, booth, tent, steps, gates, fence, post, wire pole or other obstruction or nuisance thereon, and if the owner of the same shall fail or refuse to remove the same within such reasonable time as may be fixed by said Mayor and Board of Councilmen, after notice thereof served upon such owner, his agent or tenants in charge, then the city authorities may remove the same, at said owner's expense, and execution shall issue against said owner for the expenses thereof and he shall also be subject to punishment for maintaining a nuisance. They shall have full power and authority to regulate, layout, open, grade, drain sidewalks, whenever in their discretion it may be necessary or proper to do so, and no person or corporation shall at any time thereafter, layout, open or extend any street, lane, alley or

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sidewalk, park or square, contrary to the original plan of the city without the consent of the Mayor and Council by a vote had at a regular meeting. They shall have full power and authority to condemn property and exercise the right of eminent domain for the purpose of laying out and opening new streets, lanes, alleys, and sidewalks; and for extending, widening, grading, draining, working or in any manner whatever changing the grade, street lines and sidewalks of said city. They shall have full power and authority to condemn property and exercise the right of eminent domain for the purpose of erecting suitable buildings for water and light plant, sewerage system and ice and cold storage plant, and any other buildings necessary for municipal purposes. And whenever the Mayor and Council shall desire to exercise the power and authority granted in this section, they may do so whenever the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian, agent or other fiduciary, in the manner and form provided for the condemnation of property for public uses under and by virtue of the Code of Georgia of 1910, and Acts amendatory thereof. They shall have full and complete power and authority, by a majority vote at a regular meeting, to require any street, lane, pavement, sidewalks or street crossing to be paved in such manner, and with such material, and at such time as they may determine by resolution or ordinance. One-third of the 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 feet frontage of their property thereon. The entire erpense of all railroad crossings shall be born by said railroad. Whenever the Mayor and Council shall determine to pave any street, sidewalk, lane or alley in said city, they shall require the City Clerk to notify in writing all persons owning property abutting or fronting thereon of such intention, together with a statement of the amount assessed against said property therefor; and the city shall at once proceed to do said paving or cause it to be done, and when the same is completed,

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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, or such time or times as provided by ordinance, the amount so assessed against their property. And in case any property owner shall fail or refuse to do so the City Clerk and Treasurer is authorized and empowered to issue instanter an execution against the owner and against said property which shall be a lien on said property superior to all other liens, except for taxes, and said execution shall be levied on said property by the Chief of Police or Marshal of the city and the same advertised and sold at public auction in conformity with the laws of this State governing the sale of property under judgment and execution by Sheriff. Said Chief of Police or Marshal shall make the purchaser a good and valid deed thereto conveyng title as fully and completely as the sheriffs of this State are authorized to do at public sale under judgment and execution. The City of Richland shall have full right to bid on and purchase said property at said sale if it choose to offer the highest bid therefor. That said Chief of Police or Marshal is authorized and empowered to proceed an once to dispossess said owner and put the purchaser at said sale in possession. That the Mayor and Council shall have authority and power to grant encroachments upon the streets, sidewalks, lanes, alleys and lands of the city upon such terms and in such manner as may be prescribed by ordinance and shall be exercised with caution and due regard to be had to rights of the city and to all property owners to be affected thereby. Streets, etc. Obstructions. Condemnation of property. Paving assessments. Execution, levy and sale. Encroachments. Sec. 35. Be it further enacted that the Mayor and Council shall have complete power and authority to direct the mode, material, manner and style in which all streets, sidewalks, alleys, lanes, pavements, and street crossings shall be sewered. They shall have full and complete power and authority to establish and maintain a sewerage or drainage system for said city by majority vote at a regular meeting to require any street to be sewered, drained in such manner with such material and at such time as they may deem or determine by resolution or ordinance. That the mode and

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manner of sewering or draining the street or streets of said city shall be done in the same manner as the paving of the streets of said City and which is provided for in Section 34 of this Act. That said Mayor and Council shall have authority and power to regulate surface closets and will cause them to be removed as nuisance, to cause all water closets or other deposits of filth or other receptacles of the same, privies and water closets to be connected with said sewerage or drainage system in such manner as they may determine by ordinance or otherwise. Paving. Drainage. Sec. 36. Be it further enacted, That the Mayor and Council shall have full power and authority to regulate and control all markets or marketing within the City limits. Markets. Sec. 37. Be it further enacted, That the Mayor and Council shall have power and authority to prevent stock from running at large, or dogs, and take up and empound any horse, mule, cow, hog, goat, dog or domestic animal or domestic fowl found at large within the city limits; and to provide by proper ordinance for the redemption or sale of the same; and to enact such laws and ordinances as may be considered necessary to carry out the provisions of this section. And they shall have authority and power to make such regulations or impose such taxes, upon the owners of dogs within the limits of said city as they may determine by ordinance or otherwise. Impounding of animals. Sec. 38. Be it further enacted, That said City shall have authority to make such regulations for the control of intoxicants or liquor within said city not in conflict with the laws of said State or this charter. Intoxicants. Sec. 39. Be it further enacted, That said Mayor and Council shall have full power and authority to establish and fix fire limits within said city and from time to time, in their discretion, to extend and enlarge the same. When said fire limits are so established it shall not be lawful for any one to erect therein any building or structure of any material other than brick, stone or other incombustible material or

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such other material as shall be authorized by said Mayor and Council. That they shall have full power and authority to pass such ordinances as they may determine for the regulation and carrying out of this section of this Act. Fire limits. Sec. 40. Be it further enacted, That the Mayor and Council shall have power to require every inhabitant of said city betwen the ages of twenty-one and fifty years to work such time on the streets of said City as said Mayor and Council shall direct by ordinance. Said person so subject to work on the streets shall have the right to relieve himself of such work by paying such commutation tax as said Mayor and Council shall fix by ordinance. Any person subject to work on said streets or to pay said tax who shall fail to do so, after being notified, may be punished as other violators of the ordinance of the City of Richland and of this Act. Street tax or work. Sec. 41. Be it further enacted by authority aforesaid, That the Mayor and Council of said city shall have power and authority to license, regulate and control all opera houses, livery stables, hacks, drays, automobiles or other vehicles used for hire, vendue masters, auctioneers, itinerant trades, theatrical performers, shows, circuses and exhibitions of all kinds, itinerant lightning rods agents, immigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry or medicine, and all other itinerant venders of articles, wares and merchandise, except such as are excepted by the laws of this State, every kepr of billard, pool or bagatelle tables, kept for public use or game, and all other establishments, business, callings, or vocations which under the laws and constitution of this State are sbject to a license tax by municipal corporations. That said city shall have authority to levy and collect a tax on all franchises which are now subject to taxation by this State. License of occupations. Sec. 42. Be it further enacted, That said Mayor and Council for the purpose of raising revenue for the support

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and maintaining of the City government shall have power and authority to provide by ordinance for the assessment, levy and collection of an annual ad valorem tax on all real and personal property within the corporate limits of said city which is subject to be taxed under the laws of this state. Said tax shall not exceed one-half of one per cent. upon the value of said property for ordinary current expenses of said; not more than one-half of one per cent. for educational purposes; not more than one-half of one per cent. for street and paving purposes; not more than one-half of one per cent. for the payment of the principal and interest on the bonded debts that may now exist or may hereafter exist and be created by said city in accordance with the constitution and laws of said State of Georgia. If an additional fund is required by said city for internal improvements not herein provided for, or if the amount by the levy of one-half of one per cent. shall be insufficient to defray the ordinary current expenses of said city, an additional tax may be levied for these purposes when the same shall be authorized by vote of two-thirds of the legal voters of the said city, who are qualified to vote on an election held for that purpose. The Mayor and Council shall cause a separate account to be kept of all amounts collected and disbursed for each different purpose. They shall have power to provide, levy and collect all taxes which are authorized and provided for municipal corporations under and by virtue of the laws of said State of Georgia. They shall have power to provide, by ordinance, when the taxes are to be paid and the manner of collecting the same. They shall have power to prescribe, by ordinance, proper penalties for the failure to return for taxation any property subject to taxation hereunder and to provide for the assessment and collection of taxes thereon. Tax ad valorem. Tax additional. Accounts separate. Collection. Sec. 43. Be it further enacted, by authority aforesaid, That any person owning or holding any property within the limits of said city fixed by law and each year for return of property for State and County taxation shall return the same upon oath, for taxation at any time and place that said

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Mayor and Council shall prescribe by ordinance or otherwise. That said return shall be made to the Clerk and Treasurer of said city and in the manner and form prescribed by the ordinances of said city. Tax returns. Sec. 44. Be it further enacted, That the Mayor and Council shall at their regular meeting in the month of Feburary of each year, elect three freeholders of said city who are qualified voters thereof as city tax assessors, who shall serve at the pleasure of said Mayor and Council and receive such compensation as prescribed by the ordinances of said city. It shall be the duty of said tax assessors to assess the value of all real and personal property in said city, for the purpose of taxation, by said city, and it be their duty to examine the tax returns of the tax payers of said city and increase or decrease the valuation of the property shown therein, when in their judgment, the value placed thereon by the taxpayer is not the true value of said property. Said assessors shall make returns of their assessments to the Mayor and Council at such time as the Mayor and Council may direct. When said return is made, the Mayor and Council shall fix a time and place for hearing objections to the assessment, said objections to be heard and determined by the Mayor and Council, and the Clerk of said City shall give each owner of property whose tax return has been increased, at least five days notice of such hearing, stating therein the amount of said increase. If the owner is not a resident of said City and has no agent therein the Mayor and Council shall cause notice to be mailed to him at his most notorious place of abode. In all cases notice to the agent or tenant in possession shall be sufficient if the owner is a non-resident. All assessments shall be final if no objections are made on or before the time set for hearing objections are made on or before the time set for hearing objections, where notice has been given. If no objections are made, the decision of said Mayor and Council after hearing such evidence as may be offered shall be final. Tax assessors. Returns. Notice and hearing.

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Sec. 45. Be it further enacted, That whenever any person is arrested under the provisions of authority contained in this Act or under ordinances passed by authority of the same, he shall be privileged to give good and sufficient bond to be approved by the Mayor, conditioned for his appearance to answer such charge when the same shall be forfeited for the non appearance of the defendant, in the same manner as penal bonds are forfeited in the courts of this State, and said Mayor is hereby authorized to issue scire facias thereon returnable before him at a regular court day; when any defendant shall fail to appear, judgment shall be rendered against defendant and his security as in State Courts and the sale of all property levied on which shall be conducted, advertised and made as sales of other property under other executions issued by said city and such judgment and execution shall be a lien on all the property of the principal and securities equal in dignity to the judgment and execution of the several courts of this State of the same date and superior in dignity to all judgments in this State rendered after the date of said Judgment of forfeiture. Appearance bonds. Sec. 46. Be it enacted, That all executions (for taxes due the City of Richland or otherwise) issued by the Clerk and Treasurer shall be directed to the Chief of Police and Marshall of said city and to all and singular the sheriffs and constables of this State, and state for what issued and shall be returnable to the Mayor's court of said city at the next regular term thereof; provided same shall not convene within not less than fifteen days of the issuance of said execution, and it shall be the duty of the Marshal, or other collecting officer to execute the same as herein provided; if said execution shall be for less than one hundred dollars and shall be levied upon personal property the same shall be advertised and sold in the manner as sales by constables are conducted in this State, said sales to take place before the Council Chamber door in said city on a regular court day. If said execution shall be for one hundred dollars or more all proceedings thereunder shall be had under the

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same rules and regulations as govern sheriff's sales in this State, except that said sale shall take place before the Council Chamber door in the said city on a regular court day; all sales where the executions levied shall be less than one hundred dollars, or more, and the same has been levied upon real estate, shall likewise be governed by the rules and regulations governing sheriff's sales in this State, provided, however, said sale shall take place before the Council Chamber door in said city on a regular court day and to be conducted and made by the Chief of Police or Marshal of said city. Said executions may be arrested by the filing of illegality thereto or claims to the property levied on may be interposed on the same terms and conditions that illegality claims are filed to executions issuing from the courts of this State, such an illegality or claim may be filed with the execution; if less than one hundred dollars and levid upon personal property it shall be returned to the justice court of the 727th District G. M. of Stewart County, Georgia, to be thus disposed of as other claims and illegalities in said court. Should said execution be for less than one hundred dollars, or more, and levied upon real estate, any claims of illegalities filed thereto shall be returned to the Superior Court of Stewart County, to be there disposed of as other claims and illegalities are tried in said court. The Clerk of the Superior Court shall enter on his general execution docket all executions, including tax executions, which shall be issued by said city and shall mark them satisfied upon said docket when same shall be paid. That when said executions are issued by said city and entered upon the general execution docket of the Superior Court of Stewart County they shall be equal in dignity and superiority as their date and recordation as other judgments and executions rendered by the courts of this State. The lien of tax executions in favor of the City of Richland shall have priority over all property of defendants within the corporate limits of said city, over all other executions and judgments except those for State and County taxes; provided, that the liens of all other executions shall only bind and be liens upon

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the property of defendants within the corporate limits of said city. That all tax executions and sales thereunder shall be issued by the Clerk and Treasurer of said city and shall be issued by said Clerk instanter upon the failure of any person, firm or corporation to pay the taxes due said city and shall be enforced as other executions are enforced issued by said city. Whenever a sale property is held under the provisions of this Section for the purpose of collecting tax due to the City of Richland and the officers caused, if any be due thereon, after such property has been cried a reasonable time and no one bid thereon, any duly authorized officer or agent of the City of Richland may bid on such property for the City of Richland and the Chief of police or Marshal making such sale shall make to the City of Richland a deed to the property sold and deliver the same to the City authorities. Executions. Sales. Claims and illegalities. Entry on docket. Priority of lien. Tax sales and deeds. Sec. 47. Be it further enacted, That persons sentenced to labor by said Mayor's Court shall be turned over to the Marshal or Chief of Police or other officer in charge of the work of the streets and public works, to be put to work on said streets or public works in and around said city. That said Mayor and Council shall have power and authority to establish and maintain a chaingang for said city and may pass such regulations and rules for its control and management as they may, at their option, have said chaingang managed by the Chief of Police or Marshal or such men or agents as they may determine or think proper by ordinance or otherwise. Work on streets. Chaingang. Sec. 48. Be it further enacted, That upon complaint being made with the Mayor, or in his absence, the Mayor pro tem or disability to act, by affidavit or such other manner as they may require that any person has violated any municipal ordinance or law, said Mayor or Mayor pro tem., shall have the power to issue a warrant for the arrest of said offender, which warrant shall be directed to the Chief of Police or the City Marshal and signed by said Mayor or Mayor pro tem. Warrants for arrests.

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Sec. 49. Be it further enacted, That there shall be kept in the Mayor's court one or more dockets upon which shall appear and shall be entered all cases wherein persons are charged with violating the ordinances of said city. That all violators or offenders against the laws and ordinances of said city shall be tried by a written summons, which shall be signed by the chief of police or the City Marshal, and shall set forth the nature of the offense with which the offender is charged. That said summons shall be in writing by said offender, which summons shall show the name of all witnesses to be sworn against any person charged with such violation. That the Mayor of said court shall administer all oaths to witnesses, which oath administered shall be the same as that administered to witnesses in the courts of the State of Georgia. That said Mayor shall have the right to issue subpoenas for witnesses and to compel their attendance either for or against the defendant upon said court. That said Mayor and Council shall have authority to pass any rules or regulations to govern and control the proceedings of said Mayor's Court not in conflict with the laws of this State. Police court dockets. Summons. Witnesses. Sec. 50. Be it further enacted, That the Mayor and three Councilmen shall constitute a quorum for the transaction of all business and legislation for said city. Quorum of council. Sec. 51. Be it further enacted, That the Mayor and Council shall have the power and authority to control and regulate the running and operating of all locomobiles, trains, street cars, and all vehicles for transportation for persons or freight; to prevent all unnecessary noise from automobiles, locomobiles, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens of the city of Richland, and to adopt necessary ordinances for such purposes, and to provide penalties for violation of such ordinances. Regulation of vehicles. Sec. 52. Be it further enacted, That the Mayor and Council shall have full power to require the railroads running through said city, or portion thereof to make and repair

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such crossings on their roads whenever and in such manner as such Mayor and Council shall deem necessary; to place, or repair, such crossings, or to open and keep open any and all streets in said city; and the Mayor and Council may pass any ordinance needful for carrying out the provisions of this Section, and in case the railroad companies aforesaid shall fail or refuse to make such crossings within ten days, or to repair the same within five days after having been notified to do so by the Mayor and Council, the said Mayor and Council shall have the power and authority to put in or repair said crossing at the expense of said railroad company, and may issue executions therefor as other executions are issued by the Clerk of the Council, and collect the same as provided in tax executions. Railroad crossings. Sec. 53. Be it further enacted, That said Mayor and Council shall have power and authority to issue bonds for the purpose of meeting and maturing outstanding bonds of said City and for any purposes of internal improvements whatever under the constitution and laws of Georgia, regulating the issuing of municipal bonds. Bond issues. Sec. 54. Be it further enacted, That this Act shall not abolish any of the ordinances now of force in said City except where they may come in conflict with this charter but shall reserve and continue the same. Ordinances of force. Sec. 55. Be it further enacted, That said Mayor and Council shall have authority and power to grant franchises, easements, rights of way, over, in, under and on the public streets, lanes, alleys, sidewalks, parks and other property of said city and on such terms and conditions as said city shall provide; provided that no new public franchise, nor any alteration or removal, in whole or in part, nor extension of any public franchise shall be granted by said Mayor and Council without publication of the details of the proposed franchise or a proposed alteration or renewal, or extension once a week for four weeks in the public gazette of said City, and the expenses of said publication shall be borne by the

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applicant before action is taken by the Mayor and Council; nor shall the same be granted except upon full and adequate compensation to be paid to the city, said compensation to be in the sound discretion of the Mayor and Councilmen. Franchises in streets. Sec. 56. Be it further enacted, That said Mayor and Council shall have the power to establish the scale of water and electric light rates, make and enforce rules for the collection of same, adopt rules and regulations respecting the introduction of water and electric lights, into and upon any premises and from time to time to regulate the use of water and electricity in such manner as does seem to them necessary and proper; and shall have the power and authority to have the Marshal of said city or such other officer of said city to inspect and enter at all reasonable hours any dwelling or other place where said water or electric lights are taken or used, and where unnecessary waste thereof is known or suspected, and examine and inquire into the cause thereof. They shall have full power to examine all the surface pipes, surface closets, stop cocks, or other apparatus connected with said waterworks now owned and operated by said city; if any person refuses to permit such examination or oppose or obstruct such officers in the performance of such duties, such person so offending shall upon conviction in the Mayor's court be fined as prescribed for the violation of the ordinances of said city as in this Act set out as may be prescribed by ordinance for the punishment of such offenders. That said Mayor and Council shall have power and authority to pass such rules and ordinances pertaining to the water and electric light system in said city as they may in their discretion deem proper. Rates for light and water. Regulations. Sec. 57. Be it further enacted, That said Mayor and Council shall have power and authority to prevent tramps, street walkers, vagrants, loiterers, idle persons, and lewd females from walking the streets of said City or the sidewalks thereof and punish them in their discretion by any punishment authorized by this Act. And whenever it shall

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appear to the Mayor of said City by evidence to excite the suspicion of a reasonable and prudent man that any room, building or cellar in said city is being used as a house of ill fame, as a residence of lewd women, or as a place where practices are carried on said Mayor may order the Chief of police of said City or any police officer to enter said building, house, room or cellar by force, if necessary, and arrest the occupants thereof and bring them before the said Mayor to be dealt with according to law. Idlers, vagrants, etc. Sec. 58. Be it further enacted, That the Mayor and Council of the City of Richland shall have the power and authority to provide for the construction and maintenance of an ice plant and cold storage system in and for said city. And shall have the power and authority to issue bonds of the city for said purposes in accordance and conformity within any amount to extent of any amount not in excess of the limit provided by the Constitution and Laws of Georgia on the subject of the issuance of municipal bonds, shall have the power and authority to levy and collect tax for purpose of paying the principal and interest on bonds issued under this Section and to make all necessary rules, regulations and ordinances to operate the same. Ice and cold storage. Bond issue. Sec. 59. Be it further enacted, That the provisions of this Act shall not be construed to alter, amend, repeal, modify the Act creating a system of public schools in the town of Richland or any amendatory Acts thereto, said Act creating the system of Public Schools approved October 6th, 1891, not affected by the provisions of this Act. School system unaffected. Sec. 60. Be it further enacted, That all provisions of former Acts of the General Assembly of the State of Georgia, incorporating formally the town of Richland, and now constituting the present charter of said town, which are at variance or conflict with the provisions of this Act are hereby expressly repealed and all provisions of this Act shall become operative when the same is passed by the General Assembly and approved by the Governor of the State of

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Gorgia, and be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repeal of existing provisions. Approved August 16, 1922. ROCKLEDGE SCHOOLS UNDER COUNTY JURISDICTION. No. 419. An Act to amend an Act creating a new charter for the Town of Rockledge, in the County of Laurens, that was approved August 21st, 1916; so as to repeal certain sections of said Act of 1916 that relate to the public schools of said town; and insert in the place of said repealed sections a provision for putting said schools in the jurisdiction and control of the County Board of Education of Laurens 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 creating a new charter for the Town of Rockledge, in the County of Laurens, approved August 21st, 1916 (Acts 1916, pages 879-891), be and the same is hereby amended by eliminating from the above recited Act, sections Nos. 19, 20, 21, 22, and 27, which relate to the public schools of said town; the purpose of eliminating said sections from said Act being to take said public schools out of the jurisdiction and control of the municipal authorities of the said Town of Rockledge. Act of 1916; repeal of secs. 19, 20, 21, 22, 27. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the jurisdiction and control of said public schools in said Town of Rockledge shall be in the Board of Education of Laurens County, the same in all respects as though municipal jurisdiction had never been conferred on said Town of Rockledge. Control of schools in county board.

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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 15, 1922. ST. MARYS TAX APPEALS, AND BONDS. No. 365. An Act to amend an Act entitled An Act to amend, consolidate, and supersede the several Acts incorporating the City of St. Marys in the County of Camden, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same, and for other purposes by striking the last line of section twenty-three and inserting in lieu thereof a provision for the right of appeal from decisions of the Tax Assessors to the Mayor and Aldermen, and to authorize the Mayor and Aldermen to issue bonds in the name of the city for public purposes; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that the Act of the General Assembly of Georgia, approved August 15th, 1910, creating a new charter for the City of St. Marys, Camden County, Georgia, be and the same is hereby amended by striking the last line of section twenty-three and inserting in lieu thereof the following: Act of 1910 amended. In the event any property owner in said city shall be dissatisfied with the decision of the tax assessor, such owner or owners shall have the right of appeal to the Mayor and Aldermen of said City, which shall be done within ten days after the rendering of such decision, and said Mayor and Aldermen shall act on said appeal, either at a special

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session called for that purpose or at the next regular meeting after the filing of said appeal. Said appeal shall be filed with the City Clerk, who shall notify the said Mayor and Aldermen of same, and said Mayor and Aldermen shall have full power to go into all the facts of such case and to lower or raise the assessment placed by the assessors as they shall deem proper, and such decision of the Mayor and Aldermen shall be final. New sec 23. Appeal from tax assessment. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That the said Mayor and Aldermen be, and they are hereby authorized and empowered to issue bonds for and in the name of said city for any of the following purposes, to-wit: For public buildings and equipping public buildings; for school houses, and equipping school houses, extending and improving waterworks, sewerage and drainage systems, of the city, and laying water mains and sewers; paving and macadamizing, repairing, repaving, and improving the public streets, highways, lanes, and alleys and crossings of said city; building and installing one or more crematories within or without the city; constructing and insalling and improving or extending an electric light and power plant, or a gas plant, either or both, for the purpose of furnishing said city and its inhabitants with light and power; also, for a street railway system; for providing said city with any other public utility that the council may consider desirable or expedient; and for the purpose of building a City Hall, a public Auditorium, an Armory and making any other public improvements that may be needed for said city; and for any other governmental or municipal and public purpose. Before any bonds of said city shall be issued for any of the foregoing purposes, said mayor and aldermen shall by appropriate resolution or ordinance, direct and provide that such bonds shall be issued and shall specify the purpose and amount thereof, the rate of interest they shall bear, how much principal and interest to be paid annually, when to be paid off, the place of payment, and other terms

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and details thereof, and shall also in an ordinance or resolution call and provide for the holding of an election on the subject and for published notice thereof as provided by the constitution and laws of said State. Such an election may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the above stated purposes, as may be deemed expedient by said City Council, and such election as to the number of votes required to carry the same and as to the manner of holding same shall be governed by the laws of the State of Georgia in force at the time of the calling thereof, governing bond elections. Should the voters of said city authorize the issuance of bonds at any election called by said mayor and aldermen as herein before provided, then and in such event said mayor and aldermen shall at and before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all the property in said city subject to taxation, sufficient in amount to pay the principal and interest of such bonds. Any and all of the bonds and series of bonds issued by the city under provisions of the charter shall become obligatory and binding upon said city and its tax payers with all the qualities of commercial paper; and all bonds heretofore issued by said city shall be likewise binding upon said city. Said mayor and aldermen are hereby authorized to sell saidbonds and the proceeds thereof to be applied only to the purposes for which issued. Bond issues authorized. Purposes. Ordinance. Election. Bond tax. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 8, 1922.

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SANDERSVILLE SCHOOL TAX. No. 410. An Act to authorize the Mayor and Council of the City of Sandersville, of the County of Washington, State of Georgia, to assess, levy and collect, annually, a tax of two and one-half (2) mills on all the taxable property in the City of Sandersville, for school purposes, in addition to tax now authorized by law, to be levied and collected in said city for such purposes; to provide how the same shall be used; to provide for the ratification of said Act by the qualified voters of said city; to provide when said 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 Mayor and Council of the City of Sandersville, in the County of Washington be and the same are hereby authorized to assess, levy and collect, annually, a tax of two and one-half (2) mills on all the taxable property in the City of Sandersville, for school purposes, in addition to the tax now authorized by law to be levied and collected in said city for such purposes. The said additional tax to be assessed, levied and collected by the governing authorities of said city at the same time and in the same manner and under the same laws and ordinances that the ad valorem taxes and the present school tax is assessed, levied and collected in said city. Tax additional for schools. Sec. 2. Be it further enacted by the authority aforesaid, That said additional tax, when collected, shall be turned over to the Board of Education of the City of Sandersville, and be used by said Board of Education for the sole purpose of maintaining and operating the public schools of said City of Sandersville as provided by law for the operation and maintenance of said schools. Money payable to board of education. Sec. 3. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until the same

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shall have been submitted for ratification, to the qualified voters of the said City of Sandersville, and approved by two-thirds ([UNK]) of the qualified voters voting in an election to be held in said city at such time as the Mayor and Council of said city may order. Said election shall be held and governed under the same rules and regulations as elections are held in said city for municipal officers, including notice and registration of voters. At said election, the question submitted shall be: For the increase of school tax, and Against increase of school tax. The Mayor and Council shall prepare the tickets to be voted at said election and the managers of said election shall report the results to the Mayor and Council of said city, who shall enter said report upon the minutes of the Council and declare the results of said election. In the event two-thirds ([UNK]) of the qualified voters of said city vote in favor of increasing said school tax as herein provided, then said Act shall become effective as soon as the returns are consolidated and the results declared by the Mayor and Council of said city. Referred to popular vote. Election ballots. Sec. 4. Be it further enacted by the authority aforesaid, That should the result of said election be against increasing said school tax, as herein provided, at said election, the said Mayor and Council are hereby authorized to call elections for such purposes at such times as they may deem proper, provided that no election shall be called for such purpose within twelve months from any election in which the voters of said city have refused to ratify said school tax increase. Provided, further, that should two-thirds of the qualified voters of said city, as herein provided, at any election called and held for such purposes, ratify such school tax increase, then the same shall become effective upon the consolidation of the vote and the results of said election declared by the Mayor and Council of said city. All elections called for said purposes to be held under the same rules and regulations as elections for municipal officers of said city and the qualifications of voters to be

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the same as provided for persons voting for municipal officers. Call of further elections. 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 15, 1922. SAVANNAH CHARTER AMENDED. No. 520. An Act to revise, 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 is hereby authorized and empowered to lease, acquire, own, hold and operate a municipal abattoir for the killing of live stock for meat intended for human consumption, and for the curing and packing of such meat and the products therefrom; to appropriate money from the City Treasury for such purposes; and to make rules and regulations by ordinance governing such abattoir. The said Mayor and Aldermen is further authorized and empowered, in the interest of the public health, to require all fresh meats intended for human consumption in the City of Savannah to be slaughtered at an authorized municipal abattoir, excepting therefrom such fresh meats as may have been killed elsewhere, but inspected by the Bureau of Animal Industry of the United States Department of Agriculture. Municipal abattoir. Slaughter of fresh meats. Sec. 2. Be it further enacted by the authority aforesaid, That the notice required in section 2 of that certain Act of the General Assembly of the State of Georgia, found

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in Georgia Laws 1919, page 1294 and following, to property owners with reference to the cutting and removal of weeds or vegetable growth, shall consist of five (5) consecutive publications in a daily newspaper of general circulation in the City of Savannah, of a notice signed by the Health Officer of the City of Savannah, and directed to the property owners in the City of Savannah, requiring such property owners within fifteen (15) days after the date of the last publication of such notice, to cut and remove any and all weeds or vegetable growth that may exist upon the land or premises of such property owners. Notice to cut weeds, etc. Sec. 3. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah is hereby authorized and empowered to pass ordinances requiring that all privy vaults, surface drawers and dry wells in the City of Savannah shall be cleansed by the city authorities. Said Mayor and Aldermen is further authorized and empowered to make reasonable charges therefor against the owners of the property. Said Mayor and Aldermen shall have authority to enforce collection of such charges where the same remain due and unpaid for a period of thirty (30) days by execution to be issued by City Treasurer of said city against the owner of the premises on which such privy vaults, surface drawer, or dry well is situated, and against such other persons as may be liable therefor. The said execution shall be a lien upon the said property and premises, and when recorded on the General Execution Docket of Chatham County, Georgia, shall be a lien on all of the property of the defendant in execution from the date of such record. The said execution shall be levied and the property sold in the manner now provided for the levying and collection of executions issued by said City of Savannah for water rents, and the proceedings and provisions for the filing of an affidavit of illegality by the defendant in execution, as well as the proceedings for the filing of the claim to the property levied upon by a third person, shall in all respects be similar to the proceedings and

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provisions of the law applicable to the levying of executions for water rents by the said Mayor and Aldermen of the City of Savannah. Cleansing of vaults, and dry wells. Collection of charges. Executions, levy and sale. Sec. 4. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah be, and it is hereby authorized and empowered to pay a salary to the Chairman of a Harbor Commission of the City of Savannah in such amount as may be fixed by said Mayor and Aldermen, and to appropriate moneys out of the City Treasury for such purposes. Salary to chairman of harbor commission. Sec. 5. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah may in the interest of the public health, safety, order, convience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of buildings or other structures, or the area or dimensions of the lots of the yards in connection with buildings or other structures, or for the purpose of regulating the alignments of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts and such districts may be of such shape and area as the Mayor and Aldermen of the City of Savannah shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises, the number of persons, families, or other group units to reside in or use buildings, the public, quasi-public or private nature of the use of the premises or upon any other basis or bases relevent to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare. Districts and zones of city. Classification.

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Sec. 6. Be it further enacted by the authority aforesaid, That for the reasons above stated, the Mayor and Aldermen of the City of Savannah shall have the further right and power in any districts proposed to be set aside primarily for residence purposes to further classify the use thereof and the class or classes of residents to be housed therein and to provide therein such other and similar regulations, and restrictions as shall secure the peace and good order of the city and residents thereof. No such ordinance or amendment thereto authorized by either of the above sections shall be adopted except by a three-fourths vote of Council. Ordinances and regulations. Sec. 7. Be it further ordained by the authority aforesaid That no ordinance adopting zoning regulations as above authorized shall be passed by the Mayor and Aldermen of the City of Savannah until after a comprehensive plan for the zoning of the city has been prepared and submitted to the Mayor and Aldermen by a committee to be known as the Zoning Committe of Council. Whenever the Zoning Committee of Council shall certify to the Mayor and Aldermen a plan for the zoning of the city, the Mayor and Aldermen shall hold a public hearing thereon and shall give thirty (30) days' notice of the time and place thereof, in a newspaper of general circulation in the city; and during the said thirty days, a copy of such plan and proposed ordinances shall be on file for public examination in the office of the Clerk of Council or any other office as may be designated by the Mayor and Aldermen. No ordinance, measure, or regulation which violates, differs or departs from the plan or report submitted by the Zoning Committee of Council shall take effect unless passed by a three-fourths vote of the Mayor and Aldermen. Zoning plan. Public hearing. Sec. 8. Be it further ordained by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah may, from time to time, amend or change the regulations or districts established by the zoning ordinance, but no such amendment or change shall become effective unless

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the ordinance proposing such amendment or change shall first be submitted to the Zoning Committee of Council for approval or disapproval, and the Zoning Committee of Council shall have been allowed a reasonable time, not less than thirty (30) days, for consideration and report. Whenever the owners of 50 per cent of the land in any area shall present a petition duly signed and acknowledged to the Mayor and Aldermen of the City of Savannah requesting an amendment of the regulations prescribed for such area, it shall be the duty of the Mayor and Aldermen to vote upon such amendment within ninety (90) days of the filing of same by the petitioners with the Clerk of Council. Changes in districts. Petition for amendment. Sec. 9. Be it further enacted by the authority aforesaid, That the zoning regulations shall be enforced and administered by the inspector of buildings under the rules and regulations of the Zoning Committee of Council. The Mayor and Aldermen shall create a Zoning Committee of Council, which Committee shall hear and decide appeals from and review any order, requirement, decision or determination made by the inspector of buildings in the enforcement of the zoning regulations. The Mayor and Aldermen may authorize the Zoning Committee of Council to administer the details of the application of any zoning regulations and may delegate such Committee in accordance with general rules set forth in the zoning ordinance, power to permit exceptions to and variations from the zoning regulations and to administer the zoning regulations specified therein. Zoning regulations. Sec. 10. Be it further enacted by the authority aforesaid, That every decision of the Zoning Committee of Council shall be subject to writ of certiorari from the Superior Court upon the same terms as such writs are issued in any case. Certiorari. Sec. 11. Be it further enacted by the authority aforesaid, That wherever the words in area of the land liable to assessment shall hereafter appear in this Act, or in the

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Acts of the General Assembly of the State of Georgia, found in Georgia Laws 1919, page 1294, and following, as well as in the Acts amendatory of the last named, they shall be construed to mean area according to the frontage abutting on the street, avenue, alley, or other public place to be improved. Area of land assessed. Act of 1919. Sec. 12. Be it further enacted by the authority aforesaid, That in the event of the establishment in the City of Savannah of a municipal hospital, either from funds derived from the bond election or from the City Treasury of the City of Savannah out of current taxes, the Commission provided for in section 4 of the Act of the General Assembly of Georgia, adopted and approved August 16, 1920, and found in Georgia Laws 1920, page 1483, and following, shall be composed of five members to be elected by the Mayor and Aldermen of the City of Savannah for terms of one, two, three, four and five years, each commissioner to hold office until his successor has been elected and qualified. In the event of the death or resignation of a commissioner, a successor shall be elected by said Mayor and Aldermen for the unexpired term. Women shall be competent to be elected to said Commission. The other qualifications of said commissioners and the rules and regulations for the government and operation of said Commission shall be such as said Mayor and Aldermen may deem proper. Hospital commission. Act of 1920. Sec. 13. Be it further enacted, That hereafter, in all municipal primaries and elections at least one voting precinct shall be established in each militia district within the city limits, with at least the number of voting booths as are now provided by law, and as many more as the Mayor and Aldermen of the City of Savannah may determine to be necessary for the convenience of the voters. The booths shall be made of movable material and the expense be jointly borne by the City of Savannah and the County of Chatham. All laws now applicable to the election booths at the Court House shall be applicable to the election precincts and booths provided for in this Act. The Mayor and Aldermen

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of the City of Savannah shall have authority to make rules and regulations regading conduct about the election booths and precincts, not in conflict with the existing State laws, and the Mayor of said city as the head of the Police of said city, shall see that order is preserved and that no voter is intimidated, embarrassed, or molested. Voting precincts. Election Sec. 13 (a). No person shall be permitted within 50 feet of a voting booth except those actually voting, and the officials of the election. Any person violating any provision of section 13 and 13 (a) shall upon conviction, before a Court having jurisdiction, be punished as for a misdemeanor. Penalty for violatoin. Sec. 14. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved August 19, 1922. SHARON CHARTER AMENDED. No. 391. An Act to amend an Act incorporating the Town of Sharon, in the County of Taliaferro, approved December 24, 1884, and all Acts amendatory thereto, by changing the name of said incorporation from the Town of Sharon to that of the City of Sharon, and by changing the name of the corporate body governing said Town of Sharon from the Commissioners of the Town of Sharon to that of the Mayor and Council of the City of Sharon; and by establishing a Recorder's Court for the trial of offenders against the ordinances of said city, and providing for the payment and disposition of costs of said court, and constituting the Mayor of said city Recorder of said court; and by providing for the election of Mayor and Council of 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 the authority of the same, That from and after the passage of this Act, the corporate name of the Town of Sharon, in the County of Taliaferro, be, and the same is hereby changed to the corporate name of the City of Sharon, and the said Act incorporating the Town of Sharon, approved December 24, 1884, and all Acts amendatory thereto, are hereby amended, by striking therefrom the Town of Sharon wherever the same appears in all of said Acts, and inserting in lieu thereof the City of Sharon in all of said Acts, so that from and after the passage of this Act the name of the Town of Sharon is changed to the City of Sharon, and in such name it shall have the right to sue and be sued, plead and be impleaded, contract and be contracted with, and have and use a corporate seal. Act of 1884 amended. Name of town changed to city. Sec. 2. Be it further enacted by the authority aforesaid, That the government of the said incorporation of the City of Sharon shall be vested in a Mayor and four Councilmen, who shall be elected on every second Monday in February hereafter, and who shall hold their office for a term of one year and until their successors are elected and qualified, all as provided in section 2 of the Act incorporating the Town of Sharon, approved December 24, 1884; provided, that the present Board of Commissioners of the Town of Sharon shall constitute the governing body of said City of Sharon from and after the passage of this Act until the first election for Mayor and Council of the City of Sharon, which shall be held on the second Monday in February, 1923. Election of mayor and council. Sec. 3. Be it further enacted, There is hereby established for said City of Sharon a Recorder's Court, consisting of the Mayor of said city alone, or in case of his absence or disqualification, any other member of the Council that may be selected by the council of said city as Mayor pro tem., hereby establishing a Recorder's Court for said city, with jurisdiction to try all offenders against the laws and ordinances of said municipal government, with power to enforce

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its judgment by fine, imprisonment, or work on the public streets or sidewalks of said city, any one or all these as provided by law, to compel the attendance of witnesses, to punish witnesses for non-attendance, to punish for contempt, to forfeit bonds after giving principal and bondsmen ten days notice before final judgment on such bonds, and to do such other things as may be necessary or incident to the efficient and successful administration of the business of said court, and any person or persons charged with violation of the laws or ordinances of said city shall be tried by the Recorder of said court, and upon conviction shall be punished by being fined in a sum not exceeding one hundred dollars ($100.00) or by imprisonment in the city guardhouse 180 days, or by being compelled to work on the streets, sidewalks and alleys within the limits of said city not exceeding 180 days, or by being punished in either one or more or all of the ways named. The cost in each case shall be fifty cents for each bond forfeited to go into the treasury of said city. Said court shall be held at the city hall, or at any other place in said city, said Mayor, or person acting as Mayor may designate. The president of the Board of Commissioners of the Town of Sharon shall act as Recorder until the first election of Mayor of said city, and in the absence or disability of the president of the Board of Commissioners, any other member of said Board of Commissioners, who may be so designated by said Board of Commissioners, shall have power to act as Recorder until the said first election of said Mayor of said city. Recorder's court. Jurisdiction and powers. Sec. 4. Be it further enacted, That the Mayor of said city shall keep a docket of all cases coming before him, which docket shall show the style of each case, and list of witnesses sworn in each case, the date of judgment, and judgments showing disposition of each case. Docket Sec. 5. Be it further enacted, That the Mayor and Council of said city, shall have full power and authority to pass all laws and ordinances, rules and regulations necessary

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and proper to secure the efficient and successful administration of the business of said Recorder's Court. Ordinances and regulations. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 11, 1922. SPARTA BOARD OF EDUCATION; ACTS AMENDED. No. 458. An Act to amend an Act to establish a system of public schools for the Town of Sparta in this State, and for other purposes, approved December 9th, 1890, and Acts amending the same; so as to change the number of the members of Board of Education from ten to five, to fix the qualifications of said members of the Board of Education and the length of terms for holding said positions and to provide that the Board of Education to be elected by the qualified voters of the City of Sparta, and for 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 establish a system of public schools for the Town of Sparta in this State, and for other purposes, approved December 9, 1890; be stricken and repealed, and in lieu of said section 2nd of said Act, the following is hereby enacted: That the Board of Education for the City of Sparta shall consist of five citizens and residents of the City of Sparta who do not hold any other official position for the City of Sparta. Act of 1890 amended. New sec 2. Board of education. That their terms of office shall be for four years; provided, that at the first election under this Act, two members shall be elected for two years. Terms of office.

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That members of said Board of Education shall be elected by a majority of the qualified voters of the City of Sparta, voting in said election to be ordered by the Mayor and Aldermen of the City of Sparta, biennially on the first Tuesday in March. That the terms of office of members of said Board of Education shall begin on Wednesday after the first Tuesday in March, and after the election of said members of Board of Education has been certified to the Mayor and Aldermen of the City of Sparta, by the managers appointed by said Mayor and Aldermen to hold said election. The managers for said election shall consist of three citizens of the City of Sparta. Elections and terms. That in case there should be a vacancy, by resignation, removal or otherwise in the Board of Education, the Mayor and Aldermen of the City of Sparta shall elect or appoint some citizen or citizens of Sparta, to fill the vacancy until the next election. Vacancy. That said Board of Education and their successors in office shall have power to take and hold property, real and personal, that may be acquired by purchase, donation or otherwise in trust for the said public schools with the right to sue and be sued. Property. That said Board of Education shall once each year publish in some newspaper in the City of Sparta, a statement showing the amount of money raised from taxes in the City of Sparta, and paid over to the members of said Board for educational purposes, and how much received from other sources, and how expended. Annual statement. This Act shall go into effect on the first Tuesday in March 1923. Effective March, 1923. 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 15, 1922.

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STAPLETON SCHOOLS, ELECTION TO ABOLISH. No. 324. An Act to abolish the local school system in and for the Town of Stapleton (formerly Spread) in said State and County, 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 Stapleton (formerly Spread), Georgia, to appoint a Board of Education for said town, provide for raising revenue to organize and maintain said system, carry the same into effect, and for other purposes, approved August 14th, 1908, and all Acts amendatory thereof, be and the same are hereby repealed. Act of 1908 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 Stapleton School District of Jefferson County, Georgia, the district in which the Town of Stapleton (formerly Spread) 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 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. 19, 1919. This act conditioned on result of school tax 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 1, 1922.

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STATHAM TAX RATE. No. 442. An Act to amend an Act approved August 10th, 1910, entitled An Act to create a new charter for the Town of Statham, Georgia, to fix the corporate limits, to create the officers of said town, define their duties and fix their compensation, to provide for public improvements and the proper sanitary and police regulations for said town, and for other purposes, so as to provide in Section 11 of said Act that the Mayor and Council shall have the power to levy a tax not to exceed two per cent, on all property, real and personal, subject to the State and County Tax within the corporate limits of said town. Act of 1910, 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 on and after the passage of this Act Section 11 of the Act of 1910, incorporating the Town of Statham, found in Georgia Laws of 1910 on page 1169, be amended by striking the word one after the word exceed, in the second line of said section and inserting in lieu thereof the word two and by striking all the words in said section after the word charter in line six, so that said section after it is amended shall read as follows: Act of 1910 amended. Be it further enacted, That the Mayor and Council shall have the power to levy a tax not to exceed two per cent. on all property, real and personal, subject to State and County tax within the corporate limits of said town for the purpose of carrying out the provisions of this charter. Sec. 11 to be read. Tax rate. Sec. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved August 15, 1922.

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SYLVANIA SCHOOL SYSTEM ABOLISHED No. 527. An Act to repeal An Act to establish a system of Public Schools for Sylvania School District; to define the boundaries of same; to provide for a Board of Trustees; to empower said Board of Trustees to receive from the County School Superintendent of Screven County, Georgia, the pro rate share of tax collected by the State and County for school purposes for the support and maintenance thereof; to authorize the County School Superintendent of Screven County to pay over to the said Board of Trustees, such part of the State and County School Funds as may be the pro rata share belonging to Sylvania School District, and to confer upon said Board other powers, and for other purposes, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act; An Act to establish a system of public schools for Sylvania School District; to define the boundaries of same; to provide for a Board of Trustees; to impower said Board of Trustees to receive from the County School Superintendent of Screven County, Georgia, the pro-rata share of taxes collected by the State and County for school purposes, for the support and maintenance thereof; to authorize the County School Superintendent of Screven County to pay over to the said Board of Trustees such part of the State and County School Fund as may be the pro-rata share belonging to Sylvania School District, and to confer upon said board other powers, and for other purposes approved August 19, 1916, be and the same is hereby repealed. Act of 1916 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be and the same is hereby repealed. Approved August 19, 1922.

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SYLVESTER TERRITORIAL LIMITS EXTENDED. No. 317. An Act to amend an Act approved August 18, 1919, entitled An Act to create a charter for the City of Sylvester, to declare the rights, powers and privileges of said corporation, etc., for the purpose of extending and enlarging the incorporated limits of said City of Sylvestertaking in what is known as Coram's Quarter on the west side of the present incorporated limits, to-wit: Beginning at a point on the north side of west Street, where the same intersects the present west line of the City limits; thence south 87 and 40[UNK] west, 40 feet north of and parallel with the original land line between lots nos. 332 and 359 of the 7th district of Worth County, Georgia, 2100 feet; thence north 2 and 20[UNK] west 1522 feet to a point; thence south 89 and 13[UNK] east along north side of 50 foot street (a continuation of Franklin St.) 907 feet to the east side of a lane; thence north 50 and 30[UNK] with the east sides of said lane 1045 feet to a point; thence north 87 and 40[UNK] east and parallel with the afore mentioned land line, between lots 332 and 359, 1275 fet to a point in the original city limits, said point being at the intersection of said city limits and the north side of Pinson Street; thence south 1 and 55[UNK] west with the original city limits 2513 feet to the point of beginning; to extend the jurisdiction of the said City of Sylvester over the said annexed territory to make its ordinances binding upon persons and property therein; to authorize and empower the Mayor and Council of said city to include all or any part of said annexed territory, in their discretion, in one or more wards of the city; to base such ordinances as may be advisable in readjusting said territory with the rest of the city, and to make same subject to the laws, liabilities, rights and privileges appertaining to the entire City of Sylvester, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the Act creating and establishing a

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new charter for the City of Sylvester, to declare the rights, powers and privileges of said corporation, etc., approved August 18, 1919, and the Acts amendatory thereof be, and the same are hereby amended as follows: That the limits of the City of Sylvester be extended beyond the limits as now defined or added to so as to take in new territory adjacent thereto, taking in what is commonly known as Coram's Quarter on the west side of the present incorporated limits and described as follows, to-wit: Beginning at a point on the north side of West Street, where the same intersects the prsent west line of the city limits; thence south 87 and 40[UNK] west, 40 feet north of and parallel with the original land line between lots nos. 332 and 359 of the 7th district of Worth County, Georgia, 2100 feet; thence north 2 and 20[UNK] west 1522 feet to a point; thence south 89 and 13[UNK] east along north side of 50 foot street (a continuation of Franklin Street) 907 feet to the east side of a lane, thence north 5 and 30[UNK] with the east side of said lane 1045 feet to a point; thence north 87 and 40[UNK] east and parallel with the aforementioned land line, between lots 332 and 359, 1275 feet to a point in the original city limits, said point being at the intersection of said city limits and the north side of Pinson Street; thence south 1 and 55[UNK] west with the original city limits 2513 feet to the point of beginning. Act of 1919 amended. Territorial limits extended. Sec. 2. Be it further enacted, That the Mayor and Council of the City of Sylvester are hereby authorized and empowered, in their discretion, to include all of said added territory, in whole or in part, within one or more wards of the City of Sylvester, and to make such changes and pass such ordinances as they may deem advisable in readjusting the present city limits, at said point with said added territory. Wards and readjustment. Sec. 3. Be it further enacted, That the power, authority and jurisdiction of the City of Sylvester are hereby extended over and made effective in every part of said added territory; the power and authority of the officers of said city and the Recorder's Court thereof are likewise extended over

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this new territory in as full manner as over the present limits of said city; the power of taxation, of making local assessments, fixing licenses for regulating business, to assess, issue execution, and in case of default to sell property so assessed for taxes or assessments in the same manner as now authorized by the charter of said city; the power and authority of the Mayor and Council and all Boards of said city are likewise extended over said new territory; the property, real and personal, now or hereafter located in said added territory, is hereby made subject to all outstanding and future bonds issued by said city and is bound for the payment equally with the other portion of said city. Power and jurisdiction extended. 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 1, 1922. THOMASVILLE VOTING LIST ALTERED. No. 409. An Act to amend the Act amending the Charter of the City of Thomasville, approved August 9th, 1911 as published in the Acts of 1911, of the General Assembly of Georgia, on page 1600, so as to more evenly divide the voting list of the two voting precincts of said city by letter instead of territory as heretofore provided. Section 1: Be it enacted by the General Assembly of Georgia, That Section one of the Act recited in the caption foregoing be amended by striking from said section the following words, All voters residing west from Broad Street shall vote at Precinct No. one, and all voters residing east from Broad Street shall vote at Precinct No. Two, and inserting instead thereof the following. All voters whose surnames are included in the resignation list arranged in alphabetical order from A, up to and including the letter

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L, shall vote at Precinct No. One, and all voters whose names are included in said list from the letter L to and including the letter Z shall vote at Precinct Number Two. Act of 1911 amended. Voting list and precincts. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1922. TIFTON GAS, ELECTRIC, AND WATER WORKS. No. 542. An Act to amend an Act approved August 14, 1920, creating a Charter for the City of Tifton, Tift County, Georgia, by repealing Section No. 52 of said Act, and inserting in lieu thereof, a new Section No. 52, giving the Commissioners of the City of Tifton, power to provide for the erection and maintenance in said city of gas works, electric light works and water works, and by repealing Section No. 56 of said Act and inserting in lieu thereof a new Section No. 56, giving the Commissioners of said city, power and authority to construct a system of water works; a system of sanitary sewerage; a crematory; a system of lighting, either by gas or electricity, and to give authority to the Commissioners of said city to contract for electric current with Hydro Electric Companies, or other large producers of electric current; to give to the Commissioners of said city, power and authority to sell such gas or such electric current to any and all persons or corporations desiring the use of the same; to provide a system of public schools; to provide for street paving; to provide for the construction of necessary public buildings; to provide for a fire department; to provide for a system of sewerage and drainage; to give authority to said Commissioners to issue bonds of said city for any or all of the above named

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purposes, and to further amend said Act, by providing for the creation of a Board of Registrars for said city, and to prescribe their powers and duties and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 14, 1920, creating a new Charter for the City of Tifton, Tift County, Georgia, be and the same is hereby amended by striking all of Section No. 52 of said Act, and substituting in lieu thereof a new Section No. 52, which shall read as follows: Act of 1920 amended. 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 and electric light works, and to that end may construct, erect, maintain a system of gas or electric light works for the purpose of street lighting and furnishing the citizens of said City and County of Tift with electric current for light, heat or power; and that the said Commissioners shall have authority to contract with Hydro-Electric Companies or other large producers of electric current, for the purchase of electric current to be used by said city in lighting its streets and for the purpose of resale to citizens and corporations within the City of Tifton and the County of Tift, and all other parties, citizens or corporations desiring the use of said current; and for the erection and maintenance of waterworks; and to these ends 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 owning gas or electric light and water plants for the furnishing of said city with lights and water and electric current to be used by said city, and for the purposes of resale to citizens and corporations within the City of Tifton and the County of Tift. New sec. 52. Electric and gas works. Contracts. They may make such regulations and pass such ordinances as they may deem necessary for the protection of the owners

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of such works and shall have the exclusive jurisdiction over them. Whenever said Commissioners shall contract with private companies for water and lights for use of said city they may by ordinance limit the rates to individual customers. Regulations. Rates. They may regulate the operation of such light and water works 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. Regulations. Sec. 2. Be it further enacted, That said Act creating a new Charter for the City of Tifton, be and the same is hereby further amended by striking all of Section No. 56 of said Act, and substituting a new Section No. 56 which shall read as follows: 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 of 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 years from date of issue, but may bear a less rate of interest and run for a shorter period of time from their date of issue, in the discretion of the Commissioners. Said bonds to be issued, hypothecated, and sold for the purposes of establishing, maintaining, extending and operating a system of waterworks, a system of sanitary sewerage, a creamatory, a system of lighting either by electricity or gas, for the purpose of lighting the streets and alleys of said city and for the purposes of selling and furnishing gas for light, heat, power and other commercial purposes to the citizens of said city, and furnishing electric current for light, heat, power and other commercial purposes to the citizens of said City and of the County of Tift, and to all other parties, citizens or corporations desiring the use of said current; a system of public schools, paving or macadamizing streets;

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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 may determine to be for the best interest of the city; provided, however, that said bonds shall not be issued for any of the above said purposes until the same shall have been submitted to the qualified voters of said city at an election held for that purpose under and in conformity with the general laws of this State embodied in Chapter 3, Article 1, and Sections 440, 441, 442, and 443 of the Code of 1910. New sec. 56. Bond issues for waterworks, sewerage, and other purposes. Election. Sec. 3. Be it further enacted, That at the regular meeting of the Commissioners of said city, in September 1922, said Commissioners shall appoint three upright and intelligent freeholders, who are qualified electors as a board of registrars shall be appointed to hold office from the date of his qualification, until the first regular meeting of said Commissioners in January, 1923 and until his successor is appointed and qualified; one shall be appointed to hold office from the date of his qualification until the first regular meeting of said Commissioners in January 1924, and until his successor shall have been appointed and qualified; and one shall be appointed to hold office from the date of his qualification until the regular meeting of said Commissioners in January 1925, and until his successor shall have been appointed and qualified; the successors to the members of the said Board of Registrars shall be elected by the Commissioners for a term of three years, and until their successors are elected and qualified. All vacancies shall be filled only for the unexpired term by appointments made by said Commissioners. Before entering upon the discharge of the duties of his office, each and every member of the Board of Registrars shall take the following oath, which may be administered by the Clerk of said City of Tifton, the Chairman of the Board of said Commissioners, or any officer authorized under the laws of this State to administer oaths: I do solemnly swear that I will faithfully and impartially

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discharge the duties imposed upon me by law as a city registrar for the City of Tifton to the best of my ability, so help me God. Board of registrars. Vacancies. Oath of office. Sec. 4. Be it further enacted, That thirty days previous to any election held in and for such municipality, the Clerk shall prepare from the voter's book up to and including the date upon which said list is finally completed; the names thereon shall be arranged in alphabetical order and shall show the dates in that year when persons who are minors shall arrive at full age, or will have resided in the State and City the requisite time as sworn to in the voter's book; the list shall always show the voter's age, occupation and place of residence, when such list is placed in their hands, said registrars shall then meet and begin their work of perfecting a true and correct list of the qualified voter's of the City of Tifton. In the case where the registrars question the right to register of any party whose name is furnished by the Clerk of said city, such person shall be notified of the fact and be given the opportunity to appear before the registrars and contest the removal of his name from the voter's list. The decision of the registrars on the subject of qualification of his right to vote shall be final. The names appearing on the list after same shall have been examined and purged by the registrars shall constitute the list of the registered voter's in and for the City of Tifton. In all cases whether the approaching election be general or special, the registrars shall complete their list ten days prior to the date set for holding such election and shall file the same immediately with the Clerk of said city who shall at the proper time and in ample time place the same in the hands of the election managers. Voters' list. Notice of removal of name. List as purged. Completion and filing. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with the provision of this Act, be and the same are repealed.

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TYBEE, NEW CHARTER FOR TOWN OF. No. 393. An Act to amend, revise and consolidate the several Acts granting corporate authority to the Town of Tybee; to confer additional powers upon the Mayor and Councilmen of the Town of Tybee; to define the corporate limits of said town, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of same, That the corporate limits of the Town of Tybee, in the County of Chatham, shall embrace the entire Island of Tybee as shown by a map of Chatham County, Georgia, adopted by the Commissioners of Chatham County, Georgia, and ex-officio judges, April 11, 1907. Territorial limits. Sec. 2. Be it further enacted, That the municipal government of the Town of Tybee shall be vested in a Mayor and six Councilmen, who are hereby constituted a body corporate under the name and style of the Mayor and Councilmen of the Town of Tybee, and by that name and style shall have perpetual succession shall have a common seal and be capable to purchase, have, hold, receive, enjoy, possess, and retain to them and their successors, and to sell, lease, and convey for the use of said Town of Tybee, any property, real or personal, of whatsoever kind or nature, within or without the corporate limits of said town, for corporate purposes; and shall by the said name, be capable of suing and of being sued. Corporate name. General powers. Sec. 3. Be it further enacted, That the present Mayor and Councilmen elected on the first Monday in April, 1922, shall hold office until their successors are elected and qualified; that an election of a Mayor and six Councilmen shall be held upon the first Monday in April, 1924, and every two years thereafter on the same day, and the hours of voting thereat shall be between 10 o'clock in the forenoon and 5 o'clock in the afternoon. The Mayor and Councilmen shall hold their

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respective offices until their successors are duly elected and qualified. Election of mayor and council. Sec. 4. Be it further enacted, That in case a vacancy shall occur in the office of Mayor, or of Councilmen, by death, resignation or any other cause, such vacancy or vacancies shall be filled by a majority vote of said Council, within sixty days after such occurrence. Vacancy in office. Sec. 5. Be it further enacted, That all elections held under the provisions of this Charter, shall be supervised and managed by three freeholders, all of whom must be duly qualified voters of said town, and shall be named by the Mayor and Councilmen of said town at least ten days prior to the day of election, and said managers before entering upon his duties as such, shall take and subscribe an oath before some notary public or officer qualified to administer an oath, that he will faithfully and impartially conduct said election, prevent all illegal voting, and honestly declare the result of said election to the best of his skill and power; and said managers shall keep, or cause to be kept, two lists of the qualified voters, and two tally sheets of said election. Upon the completion of the counting of the votes, the managers shall immediately make out signed duplicate certificates of the returns, under oath, of the election; said certificates to give the name of each candidate voted for, and the number of votes received by him or her for the position for which he or she is a candidate. One of such certificates, the ballots voted, the list of qualified voters and the tally sheets, and all other papers used in such election shall be delivered under seal by the election managers to the Clerk of the Superior Court of Chatham County. Another of said certified returns shall be delivered to the Clerk of Council before 12 o'clock of the day following the election. The election managers shall also, at the conclusion of the counting of the ballots, publicly announce the result of the election. The candidate for Mayor receiving the highest number of votes shall be deemed elected Mayor and the six candidates so receiving the highest number of votes for Councilmen

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shall be deemed elected Councilmen. The names of all candidates for Mayor or Councilmen shall be filed in writing with the Clerk of Council at least ten days prior to the day of election. In all elections for Mayor and Councilmen there shall be provided for use in said election official ballots containing the names in alphabetical order, of all such candidates for Mayor and Councilmen, and the voters shall scratch thereon the names of all candidates against whom he or she proposes to vote. The ballots shall be prepared by the Clerk of Council at the expense of the town, and there shall be provided at the place of election at the opening of the polls, not less than three times as many ballots as there are qualified voters. No vote cast on any other ballot shall be received by the managers of the election; if received by error or otherwise it shall not be counted, no vote shall be counted which may be cast for more than one candidate for Mayor nor more or less than six candidates for Councilmen. Election managers. Certificates. Returns. Candidates. Ballots. Sec. 6. Be it further enacted, That the Mayor and Councilmen of the Town of Tybee shall, by ordinance, prescribe one voting place within said town. Voting place. Sec. 7. Be it further enacted, That on the first Monday in May succeeding the election, or as soon thereafter as practicable, the persons elected shall appear at the Council Room and subscribe the following oath before any notary public, or officer of this State, qualified by law to administer an oath, to-wit: I () do solemnly swear that I will faithfully and honestly perform the duties of Mayor (or Councilmen as the case may be,) of the Town of Tybee, to the best of my skill and ability, without favor or affection, so help me God, which oath, together with the certificate of election shall be recorded on the minutes of said Mayor and Councilmen. Oath of office. Sec. 8. Be it further enacted, That the qualifications necessary to entitle a person to vote for Mayor or Councilmen of the Town of Tybee at elections held for that purpose, shall be as follows: Such persons shall be of at least twenty-one

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years of age; shall own in his or her own name and right, a lot or parcel of land in said town, the deed to which has been recorded in the office of the Clerk of the Superior Court in Chatham County, Georgia, at least sixty days prior to said election; shall be a citizen of the United States and shall have been a resident of the State of Georgia and of the County of Chatham continuously during the twelve months immediately preceding said election; shall have paid all taxes due to the State, County and Town of Tybee, and shall have registered in conformity to such regulations as are herein prescribed. Voters qualified. Sec. 9. Be it further enacted, That the Clerk of Council shall open at the office of the Town in the City of Savannah, a list for the registration of voters each year in which an election is held, on the first Monday in February, which list shall be kept open from 10. A. M. until 12 o'clock noon, each and every day, Sundays and legal holidays excepted, until fifteen days preceding the day of election when said list will be finally closed; provided, however, that during the last three days (Sundays and holidays excepted) of the above period, beginning upon the first Monday in February and ending fifteen days preceeding the day of election, the said Clerk of Council shall keep said list open at the Town Hall in the Town of Tybee from 10 A. M. until 4 o'clock in the afternoon instead of keeping the same open at the office of the Town in the City of Savannah. Registration of voters. Sec. 10. Be it further enacted, That it shall be the duty of the Clerk of Council, upon application in person of any person entitled to register as aforesaid within the time prescribed for the list to be kept open, to register the name of such person expressing in such register his or her name, age and place of residence, all of which will be entered by the Clerk opposite the name of each applicant in a book kept for such purpose and furnished at the expense of the town, in every case the following oath which shall be administered by the Clerk, shall be subscribed by the applicant in said book, I do solemnly swear or affirm that I am at least

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twenty one years of age; that I own in my own right a lot or parcel of land situated within the corporate limits of the Town of Tybee, and that the deed thereto has been recorded in the office of the Clerk of the Superior Court; that I have continuously resided in Chatham County, Georgia, one year preceding the election to be held on the..... day of..... next; and that I have paid all taxes and other charges due the Town of Tybee, County of Chatham, State of Georgia, and that I am qualified to vote for Mayor and Councilmen of the Town of Tybee, so help me God. Oath of voter. Sec. 11. Be it further enacted, That it shall be the duty of the Clerk to arrange and publish once in alphabetical order, a list of the names so registered in the gazette in which the Sheriff of Chatham County publishes his official advertisements, such publication to be between the closing of the lists and the date of the election, and at least three days before the day of election. List of voters published. Sec. 12. Be it further enacted, That prior to the registration of the voters of the Town of Tybee, as prescribed in Sections 9 and 10 of this Act, the tally sheets of the last general election held in said town upon the first Monday in April, 1922, shall be taken and held for all purposes to be a correct enumeration of the registered voters of said town. Tally-sheets of last election. Sec. 13. Be it further enacted, That it shall be the duty of the Clerk to furnish to the managers presiding at any election before the opening of the polls, and on the day of, or the day before such election, a complete list of all the names arranged in alphabetical order which have been registered according to the foregoing provisions, certified over the official signature of said Clerk and the corporate seal of said town, which list shall be kept before the presiding managers during said election. No person other than those on said list shall be authorized or permitted to vote. List of registered voters. Sec. 14. Be it further enacted, That any person voting, or attempting to vote at such election, or registering prior to such election, who is not qualified to vote, or not qualified

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to register, shall be guilty of a misdemeanor and on conviction thereof in any court having jurisdiction, shall be punished by fine or imprisonment, or both, as prescribed in Section 1065 of the Penal Code of Georgia. Unlawful voting. Penalty. Sec. 15. Be it further enacted, That no person shall be eligible to the office of Mayor and Councilmen unless at the time of such election he is entitled to vote at such election. Eligibility as mayor. Sec. 16. Be it further enacted, That the Mayor shall be Chief Executive of the Town of Tybee; he shall see that all laws, ordinances, resolutions and rules of the town are faithfully executed and enforced; that all officers of the town faithfully discharge the duties required of them pertaining to their office. The Mayor shall have the general supervision of all the officers of the town; he shall preside at all meetings of the Mayor and Councilmen of the Town of Tybee; he shall have the right to vote in elections for officers and upon all other questions before said body where there is a tie vote, except where he is disqualified by reason of interest, relationship or otherwise. The Council shall elect one of their number of Chairman of Council who shall act as Mayor pro tem in the absence or disqualification of the Mayor. Mayor's duties and powers. Mayor pro tem. Sec. 17. Be it further enacted, That there shall be a Mayor's Court for the trial of all offenders against the laws and ordinances of the Town of Tybee. Said court will have the power to preserve order and compel the attendance of witnesses; to punish for contempt by imprisonment not exceeding two days or a fine not exceeding ten ($10.00) dollars, either one or both, in the discretion of the Mayor or other presiding officer; that the Mayor, or in his absence or disqualification that the Chairman of Council, or any member of the Council designated by the Mayor for that purpose, shall have full power and authority to hold such courts at such times and places, and under such regulations as may be prescribed by ordinance, and shall have full power and authority to sentence such offenders, upon conviction to such punishment as may be prescribed by ordinance, but such

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punishment for each offense, shall not exceed a fine of one hundred ($100.00) dollars or imprisonment not exceeding thirty (30) days in the town prison, or in the county jail of Chatham County, or put such offender to labor on the streets or public works of said town not exceeding thirty (30) days, or to labor upon the public works of said Chatham County, Georgia, not exceeding thirty (30) days, and for the purposes aforesaid such offenders may be committed direct from said Mayor's Court into the custody of the county authorities of said county; any one or more of such punishments may be imposed in the discretion of the Mayor or legally qualified person holding such Mayor's Court. That the Mayor or member of Council, who presides in the Mayor's Court, shall have full power and authority to administer oaths to any and all persons and to swear witnesses in the trial of any cases pending before said court. Police court. Powers. Sec. 18. Be it further enacted, That the Mayor and each of the Councilmen, shall be appointed to keep the peace and shall be ex-officio justice of the peace so as to enable them to issue a warrant for violations of the criminal laws of the State committed in the Town of Tybee, and shall have full power on examination, to commit the offenders to the jail of Chatham County or to bail them, if the offense is bailable, to appear before the court having jurisdiction. Warrants for arrests. Sec. 19. Be it further enacted, That the Mayor and Councilmen of the Town of Tybee, shall elect a Clerk of Council and a Treasurer of said town, which said offices may be held by one and the same person, to hold office until their successors are duly elected and qualified, and that said Clerk of Council and Treasurer shall be elected at such time and for such term, and receive such compensation, and discharge such duties as may be prescribed by the ordinances of said town. The said Clerk and Treasurer shall give such bond as may be required. The Treasurer shall be the custodian of the funds of the town and the Clerk shall be the keeper of the records of said town and shall be Clerk of the Mayor's Court. For the wilful neglect of duty, or abuse of

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any of the powers conferred upon either the Clerk of Council or the Treasurer he may, after the hearing, be removed by a majority vote of the Mayor and Councilmen. Should and criminal charge be brought against him he may, at the discretion of the Mayor and Councilmen, be suspended from office, and upon conviction shall be removed from office pending such suspension, and upon removal the Mayor and Councilmen shall have the power to appoint some person to discharge the duties of his office. Clerk and treasurer. Removal. Sec. 20. Be it further enacted, That the Mayor and Councilmen of the Town of Tybee shall have full power and authority to appoint or elect such police, health and other officers and employees as may be deemed necessary and proper for the safety, health and welfare of said town; and shall have the power to regulate the time, mode and manner of electing or appointing such officers or agents; to fix their fees and salaries, to take their bonds, to prescribe their duties and their oaths; and may, at discretion, suspend, remove or discharge them at any time with or without cause. Officers of police, health, etc. Sec. 21. Be it further enacted, That said Mayor and Councilmen shall have power to levy, impose and collect an ad valorem tax upon all read and personal property within the corporate limits of said town, that may me deemed advisable and not in conflict with the laws of this State; provided that such taxes do not exceed one and one-half per cent. of the value of said property. Said Mayor and Councilmen shall provide by ordinance for the annual assessment of the taxable property in said town, and the mode and manner of valuing such property for taxation; but they shall not collect a tax of more than one dollar and fifty cents ($1.50) on each one hundred ($100.00) dollars valuation of property. Tax ad valorem. Assessment of property. Sec. 22. Be it further enacted, That said Mayor and Councilmen shall elect a Chief of Police for said town who shall be ex-officio tax collector, and who shall hold his office at the pleasure of the Mayor and Councilmen. The salary of such Chief of Police shall be fixed by the Mayor and

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Councilmen, and before entering upon the duties of his office, he shall enter into bond in such amount as the Mayor and Councilmen shall require, with good and sufficient security, to be conditioned upon the faithful performance of his duties as such officer and to account for all moneys coming within his hand as tax collector ex-officio of said town, or as chief of police thereof. The Mayor and Councilmen shall have power at any time to fill a vacancy in said office. Chief of police. Sec. 23. Be it further enacted, That the Mayor and Councilmen shall have the power to employ any number of regular or special police to assist such Chief of Police in the discharge of his duties, or to preserve the peace and good order of said town, and the Mayor and Councilmen may confer power upon said regular or special police to discharge said duties, and said policemen shall also have all such powers as are conferred upon constables of this State by Statute. Policemen. Sec. 24. Be it further enacted, That the Mayor and Councilmen may also tax telegraph, telephone, railway, light and other companies erecting any poles on, or using the streets, lanes, public ways or thoroughfares in said town, the same to be reasonable compensation for the use of said streets, lanes, public ways and thoroughwares; the said Mayor and Councilmen may, in addition to the taxes hereinbefore authorized, levy and collect a specific tax or occupation tax on all business, occupations, professions, callings or trades exercised or carried on within the town, as may be deemed just and proper; to fix and collect a license on theatricals, exhibitions, circuses and shows of all kinds; on drays, hacks, jitneys and cars operated for hire, hotels, boarding houses, restaurants, fish stands, livery stables, auctioneers and vendue-masters; itinerant traders; etinerant lightning rod dealers, emigrant agents, employment agents, clock and stove peddlers of all kinds, itinerant dealers in jewelry, and all other traveling or itinerant venders of articles, goods, wares and merchandise of every nature whatsoever; every keeper of a billard, pool, bagatelle-table or bowling alley, kept for public use; upon the keeper of any

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other table, stand or place on which any games are played with sticks, balls, rings or other contrivances by the public for pecuniary gain; and upon the keeper of flying horses, velocipedes and skating rinks, insurance agents of life, fire and accident companies, brokers, dealers in futures, loan agents, and agents of every and any other business or calling whatever; keepers of slaughter houses, oyster houses or factories, beef markets, green groceries, grocers, dealers in fish and oyster establishments, fruits, bread and other articles of food; upon every junk shop, pawn broker and upon all other establishments or business callings or avocations not heretofore mentioned, and which under the laws the laws of the State of Georgia, are subject to license or occupation tax, and they shall also have the power, to regulate and control such business, professions, callings, trades or avocations. Tax on occupations. Specific or license taxes. Regulation. Sec. 25. Be it further enacted, That the Mayor and Councilmen of the Town of Tybee, shall have power and authority, after just and adequate compensation is paid therefor, to open, lay out, widen, straighten or otherwise change any or all the streets, sidewalks, alleys, parks and other places in said town. Whenever the said Mayor and Councilmen of the Town of Tybee shall exercise the power herein delegated, they shall proceed under Section 5206, et seq., of the Code of Georgia, 1910. Streets. Sec. 26. Be it further enacted, That the Mayor and Councilmen of the town will have full power and authority to establish and fix a system of grading and draining of the streets of said town as may be deemed proper, and shall have the power to compel owners or lessees of property to construct and keep in good order the sidewalks in front of their property. If any owner or lessee shall fail to comply with the requirements of the town authorities in this regard, the work shall be done under the direction of the town authorities and execution shall issue for the cost thereof against such owner or lessee, to be collected as are executions for city taxes. Grading, drainage, etc.

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Sec. 27. Be it further enacted, That the Mayor and Councilmen of the Town of Tybee, are hereby authorized and empowered and they have full power and authority to erect, maintain and operate an electric light plant, gas plant, or water works for the purpose of serving the said town and the inhabitants thereof, and to charge a reasonable rate for such service; also to establish and maintain a system of water supply and a sewerage system for said town; to compel the installation of such tanks, fixtures, connections and other conveniences which may, in the discretion of the Mayor and Councilmen, be necessary for the proper sanitation, health, and general welfare of the said town or the inhabitants thereof, and may purchase, or condemn any property within or without the town as may be necessary for any of said public works. In case it shall be necessary to condemn any property under this Section, or for any other public works, the proceeding shall be the same as in Section 23 of of this Act. Public Utilities. Sec. 28. Be it further enacted, That the Mayor and Councilmen of the Town of Tybee are hereby authorized and empowered by the Act to submit to the qualified voters of said town, under the provisions of the laws of Georgia, the question of issuing bonds to be sold for the purpose of establishing, building, maintaining and operating any or all of the public utilities mentioned in the foregoing Section, and to provide for the payment therefor by the issuance of bonds when authorized by the duly qualified voters of said town after the submission to them under the provisions of the law of Georgia. Bond issue elections. Sec. 29. Be it further enacted, That the Mayor and Councilmen of the said town of Tybee shall have power and authority to enforce by execution the collection of any amount due, or to become due, for taxes, water rents, licenses, tax assessments and appurtenances of every kind, for fines and forfeitures, for paying streets, sidewalks, lanes and alleys, laying sewers and drains, and installing septic tanks and making connections therewith, and for every other

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debt due the town. Such execution shall be issued by the Clerk against the person, corporation or firm by whom any such debt may be due, and it shall be the duty of the Chief of Police to levy all executions in favor of the town, and after advertising the property so levied on once a week for four weeks before day of sale, in the newspaper in which the Sheriff's advertisement of Chatham County, are published, he shall sell the property levied on before the Court House door in Chatham County, on the first regular sales day thereafter, and between the legal hours, of Sheriff's sales. If the property is divisible, he shall sell it in parcels. He shall sell at public outery to the highest bidder and execute title to the purchaser, and shall have the same power to resell at risk of former purchaser, and to place the purchaser in possession as have the sheriffs of this State. Executions, levy and sale. Sec. 30. Be it further enacted, That when fi. fa. shall issue as provided in the preceding section, and property shall be claimed by a third person, such claimant shall interpose his claim thereto as now provided by law for claims under tax fi fas for State and County taxes; such claim to be returned to and heard in the Superior Court of Chatham County Georgia. Claims. Sec. 31. Be it further enacted, That it shall be the duty of the Chief of Police of said town, and any police officer that may be appointed by the authority of the Mayor and Councilmen to arrest and prosecute all offenders against any laws committed within the corporate limits of said town. It shall also be their duty to arrest or cause to be arrested all persons committing or attempting to commit any crime or offense against the ordinances of said town, and to commit them to the guard house of said town or other place of confinement to await trial. For the purpose of preserving the peace, prevent riot and suppression of crime, the said Chief of Police and police officers shall have authority to make arrests anywhere within the limits of Chatham County. It shall further be their duty to execute all processes and orders of the Mayor and Councilmen of the Town

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of Tybee when directed to them, or either of them, or to discharge any other duty imposed upon them by the laws, ordinances, rules and regulations of said town. Arrests. Duties of police officers. Sec. 32. Be it further enacted, That any person who may be convicted before the Mayor's Court shall have the right to appeal from the judgment of said Court to the Council of the Mayor and Councilmen of the Town of Tybee. The Mayor and Councilmen in the Town of Tybee shall try all appeals de novo, and may reduce or increase the punishment, or discharge the defendant; provided, however, that the defendant shall not be discharged from custody until he shall have given a bond, to be fixed and approved by the court, conditioned to appear and abide the final judgment, sentence or decree in the case. Such bond shall be estreated in the manner provided by law for estreating certiorari bonds in Police Courts. Such appeals shall be made in writing and filed with the Clerk within four (4) days after judgment rendered (Sundays and legal holidays excluded.) Appeals. Bond Sec. 33. Be it further enacted, That any person who has been convicted in the Mayor's Court and on appeal to the Mayor and Councilmen of the Town of Tybee the conviction has been affirmed, such defendant may, by giving notice of the intention to certiorari, suspend the judgment and be released from custody at once, upon giving the certiorari bond with security in such sum as may be fixed by the Mayor or Mayor pro tem, for his appearance, provided, that the certiorari from the said Mayor and Councilmen shall be sued out within thirty (30) days from the date of the judgment of the Mayor and Councilmen. No certiorari shall be sued out unless an appeal is taken before the Mayor and Councilmen as provided in the preceding section. Certiorari. Bond. Sec. 34. Be it further enacted, That the Mayor and Councilmen of the town of Tybee may in their discretion, appoint five free holders of said town, who shall constitute a Board of Health of said town, which Board of Health shall serve without compensation. It shall be the duty of said

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Board of Health, three of whom shall constitute a quorum, to meet as often as may be necessary, to visit every part of the town of Tybee. Any nuisance or sickness which may be likely to endanger the health of said town, or any of the inhabitants thereof, the Mayor and Councilmen of said town of Tybee shall have power, upon the report of said Board, or without such report, to cause any such nuisance to be abated in the summary manner and at the expense of the party whose act or negligence caused such nuisance, or of the owner of the premises, or of both, as the Mayor and Councilmen of the town of Tybee may determine, and for the amount so expended the Clerk of said town shall issue an execution against the owner of the property on which the nuisance is located, or against the party whose act or negligence caused such nuisance, or against both; and such execution may be collected by levy and sale as are other executions issued by the Clerk. All vacancies that may occur in said Board of Health shall be filled by the Mayor and Councilmen of the Town of Tybee as soon thereafter as practicable. Board of health. Nuisances, etc. Sec. 35. Be it further enacted, That the Mayor and Councilmen of the Town of Tybee shall have power and authority to establish such quarantine regulations against persons who may have been exposed to smallpox, yellow fever, scarlet fever, diptheria, or other contagious or infectious diseases, as it may deem proper, and to establish and maintain a smallpox hospital or pest house for the isolation of any contagious or infectious diseases, and to cause to be removed to such pest house all persons afflicted with such diseases, except such persons as shall, at their own expense, provide suitable guards, who shall be selected by the Mayor and Councilmen of the Town of Tybee to successfully quarantine the premises where such case or cases of contagious or infectious diseases may be located; and the said Mayor and Councilmen of the town of Tybee shall have full power and authority, to make, pass, adopt and enforce any and all regulations for the proper maintenance and protection of the health of said town, and its inhabitants. Quarantine. Contagious diseases.

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Sec. 36. Be it further enacted, That the Mayor and Councilmen of the Town of Tybee shall have power to pave or keep in order the roads, streets, lanes, alleys, sidewalks, drains and gutters of said town, and to improve and light the streets and have the streets kept clear of obstruction on or above them, to require the removal of electric and telephone poles when they interfere with the traffic on the street or the convenience of the public; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in said town; to regulate the keeping of gunpowder and other combustibles; to provide, in or near said town a place for the burial of the dead, and to regulate interments therein; to make regulations for guarding against danger or damage by fire; to protect the property and person of citizens of the town, and to preserve peace and good order therein. Streets; obstructions. Sundry regulations. Sec. 37. Be it further enacted, That the Mayor and Councilmen of the Town of Tybee shall have full power and authority to establish and adopt all ordinances, rules, regulations and resolutions passed, not in conflict with the Constitution and Laws of the State of Georgia, which tend to promote the safety, health, good order and general welfare of the inhabitants of said town. Ordinances. General welfare. Sec. 38. Be it further enacted, That the Mayor and Councilmen of the town of Tybee shall have, in addition to the foregoing powers, the following powers: (1) To try all nuisances within the town and to abate the same, to define what shall constitute a nuisance; (2) To take up and impound dogs, horses, mules, cattle or hogs running at large, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the town; (3) To require owners of lots to drain the same, and to fill up excavations and depressions, to drain cellars and cisterns and to fill up same when necessary, and upon the failure to do so, after reasonable notice, to have same done at owner's expense, and to enforce collection of the amount

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so expended by an execution against said property on which said work was done; (4) To regulate all vehicles of every kind or character used in the town for profit in the transportation of passengers, freight, or both, to provide for the inspection of same and to fix the rates of fares and carriage thereon; (5) To punish all loiterers within the limits of said town; (6) To establish markets and regulate the same, to fix the hours of sale therein; prohibit the sale of marketable commodities elsewhere within the town, and to pass all ordinances that may be deemed proper and necessary to control and regulate marketing within the town; (7) To prohibit the renting or keeping of any house as a bowdy house, disorderly house or house of ill fame, and to prescribe penalties for the violation of said prohibition. Nuisances. Impounding. Drainage. Vehicles. Loiterers. Markets. Disorderly houses. Sec. 39. Be it further enacted, That neither the Mayor nor any Councilmen shall be interested in any contract made with the town during his term of office. Contracts. Sec. 40. Be it further enacted, That the recitals in a deed under a sale for municipal taxes or licenses in said town, or any debt due the town, shall be evidence of the fact so recited in any court of this State and shall be taken as prima facie true. Recitals. in deeds. Sec. 41. Be it further enacted, That the Mayor and Councilmen of the Town of Tybee shall have authority to pass such ordinances as may be necessary to require all transfers of real estate in said town to be recorded with the Clerk of Council of said town, or some person it may designate, and to require the grantee in the deed of conveyance to pay all taxes that may be due the Town of Tybee before such transfer will be made. Transfers of realty. Sec. 42. Be it further enacted, That the Mayor and Councilmen shall not grant any exclusive franchise to any person or corporation. No exclusive franchise. Sec. 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 19, 1922.

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VALDOSTA PUBLIC AMUSEMENT PARK. No. 546. An Act to amend an Act incorporating the City of Valdosta, approved November 21, 1901 (Acts 1901, page 670, et seq.) and all Acts amendatory thereof, so as to authorize the City of Valdosta through its Mayor and Council to purchase and maintain a Public Amusement Park, either within or without the City of Valdosta, to authorize the City of Valdosta to issue and sell its bonds, in an amount not to exced $40,000.00; to raise the necessary funds to purchase said park; to authorize the said City of Valdosta to levy and collect an ad valorem tax on all real and personal property subject to taxation in the city of Valdosta, in addition to that already allowed, in order to raise the necessary funds to pay off and retire 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 authority of the same, That the Act incorporating the City of Valdosta, approved November 21, 1901 (Acts 1901, pages 670 et seq.) as amended, be and the same is hereby amended so as to authorize the City of Valdosta to purchase, improve and maintain a Public Amusement Park, either within or without the City of Valdosta. Act of 1901 amended. Public amusement park. Sec. 2. Be it further enacted by the authority aforesaid, That the said City of Valdosta, by and through its Mayor and Council, shall have the authority and power to issue and sell its bonds in an amount not exceeding the total sum of $70,000.00 to defray the expense incurred or to be incurred with purchasing, improving, and equipping such Public Amusement Park; provided, however, that no such bonds shall be issued or sold without first complying with the provisions contained in the Constitution and laws of the State of Georgia applicable to such cases. Bond issue. Sec. 3. Be it further enacted by the authority aforesaid, That the said City of Valdosta, by and through its Mayor

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and Council shall have the authority and power to levy and collect annually an ad valorem tax not to exceed one twentieth of one per cent on all real and personal property subject to taxation in the City of Valdosta, in addition to that already allowed, in order to raise the necessary funds to pay off and retire said bonds, and the interest thereof as such bonds, or the interest thereon, become due, or to raise a sinking fund therefor. Bond tax. 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 21, 1922. VIDALIA, NEW CHARTER FOR CITY OF. No. 352. An Act to create a new charter for the City of Vidalia, in the County of Toombs; 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; to repeal all conflicting laws and to consolidate and supersede all prior Acts or orders of incorporation or amendments; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, the City of Vidalia, in Toombs 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 Vidalia, shall continue a body politic and corporate, known by the corporate name of City of Vidalia. 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

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transact all of its business. Said corporation, through its Mayor and Councilmen, shall have all the powers and privileges incident to Municipal corporation 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. Be it further enacted that the corporate limits of said city shall be as follows: The center of the City of Vidalia shall be a point in the center of the main line of the Seaboard Air Line Railway and in the center of Morris street where the same intersects with the mainline of said railway in the City of Vidalia, and that the territorial limits of said City of Vidalia, shall include all the territory within the following bounds: Beginning at a point three fourths of a mile east of a point in the center of the main line of the Seaboard Air Line Railway and in the center of Morris Street where the same intersects the said railway in the city of Vidalia, and extending North three fourths of a mile; thence West one and one-half miles; thence south one and one-half miles; thence east one and one-half miles; thence North three fourths of a mile to the point of beginning. 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

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under this Act shall be a qualified voter as long as he remains a citizen of the City of Vidalia, and pays all taxes required of him by the said City of Vidalia, or the State of Georgia, and is otherwise legally qualified to register in any general elections 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 Vidalia for six months immediately preceding the date of this oath; and my age is ; my occupation is ; by place of residence is ; I have been a resident of the County of Toombs 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 Marshall, 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 passage 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, 1923, 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 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

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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. Fiften days prior to the date of any election for any purpose, held in and for the said City of Vidalia, 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 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 for 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 have carfully and plainly made, 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

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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. Election of registrars. Oath of registrars. Complaints of registry list. Review. Notice. Purging of list. Two lists certified. Sec. 6. That any person who shall register illegally under this Act or be guilty of a violation of any of the provisions of Section 660 of the Penal Code of Georgia in registering under this Act, shall be guilty of a misdemeanor. Penalty for illegal registry. Sec. 7. That should the Clerk of Council, or registrars, wilfully refuse to permit any person to register who is entitled under this Act, or fail to enter the name of any such person upon the book to be kept for that purpose, or should ilegally erase the name of any such persons 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. Refusal to enter name. 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. Compensation. 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 Vidalia; but no person who is a candidate for any office in the City of Vidalia, 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 Council the official registration list that has been certified by the

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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 safe keeping, who shall deposit the same in the vault of the city without opening it until the first regular meeting of he Mayor and Council held thirty days after said election, when, on the event of no contest having filed as to results of said election, the ballots shall be destroyed by them. The voting list and tally sheets shall be returned to the Clerk and 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 Vidalia shall be open at 6:30 o'clock a. m. and remain open until 6:00 o'clock p. m. by the time in common use in the said City of Vidalia. The managers of the election shall certify the results thereof to the Mayor and Council by their certificates 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 records shall be the evidence of the results of said election. Election managers. Duties. Election precincts. Sec. 10. The election officers of the city of Vidalia shall consist of a mayor and five councilmen who at the time of their election are qualified voters of said city. Mayor and councilmen. The Mayor and Councilmen now in office shall serve until their successors are elected and qualified. On the second Wednesday in December, 1923, a Mayor and five Councilmen shall be elected, the Mayor for a term of two years, two Councilmen for a term of two years, three Councilmen for a term of four years. At said election the candidates for Council shall designate for what term of office they desire to be elected, and it shall be so printed on the ballot. Biennially thereafter there shall be an election for Mayor and Councilmen; at each election the Mayor to be elected for a

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term of two years. At the next election after the election herein provided to be held on the second Wednesday in December, 1923, two Councilmen shall be elected for four years; then at the next election thereafter, three Councilmen shall be elected for a term of four years, thus alternating so that at one election two Councilmen shall be elected for four years and at the next election three Councilmen shall be lected for four years and so on. The term of office of Mayor and Councilmen shall begin on the first Monday night in January, after each election. Election and terms of office. Vacancies in the office of Mayor and Councilmen shall be filled by the Mayor and Council for the remainder of the unexpired term, as provided by ordinance. Vacancies in office. That at any election of any of the officers of said City of Vidalia, 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. Order at elections. 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 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 duties 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. Electioneering unlawful. 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.

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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 officrs 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 the election of such officr 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 petition 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. Petition. Signatures. Record. 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 a person whose name it purports to be. Affidavit.

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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 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. Filing. Notice. Election. The ballot of 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 (name 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 persons), 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. Ballot. 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 period. 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, than the Ordinary of Toombs County, Georgia, shall

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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. Ordinary's duty. If, in such recall election, there shall, as a result of such election, remain one or more of such elective officers, who is not recalled, then such officers or officer 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 govern. If at any recall election it is not proposed and submitted to recall all of the elective officers, but any 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 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 has been ordered. Election to fill vacancy. 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

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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 Vidalia, stating that they have proposed such ordinance or resolution for adoption or repeal, and such voters shall be regarded as the initiating or referring committee, as the case may be, for the purpose hereinafter provided. Ordinances. Initiative. 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 Vidalia, 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 as 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 of 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. 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 initating or referring committee a notice of the time of the next regular

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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 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 repealed, 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 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 City Clerk. Certificate. After receipt of such certificate and the certified copy of the proposed ordinance or resolution, the person exercising

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the duties of the City Clerk shall present such certificate and certified copy of the proposed ordinance 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 ordinances 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 the 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 ordinance, against 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 separate lines, there shall be printd 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.

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Sec. 13. That the Mayor and Council shall constitute the legislative and governing body of said city of Vidalia, and shall enact all ordinances and resolutions, and adopt all regulations with all the power and authority herein granted by this charter. Legislation. Sec. 14. That the city of Vidalia 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. General welfare powers. 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. Duties and powers. 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 duly assembled in their corporate capacity. Contracts. 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 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 one thousand ($1,000.00) dollars per year, as the Council may fix. Salary He shall preside over the Mayors Court for the trial of offenders against the ordinances of said city. He shall

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have power to impose such fines as set out elsewhere in this charter. Court. The Mayor and Council shall meet once each month at such place as fixed by them by resolution or ordinance. The Mayor may call special meetings of the Council at any time deemed advisable by him. Three 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. Minutes and records. 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. Each Councilman shall receive a salary, not exceeding three hundred ($300.00) dollars per year, as the Council may fix. Salaries. 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 his veto by the vote of at least four (4) Councilmen on a yea and nay vote, duly recorded on the minutes of the Council, but unless he shall file in writing with the city Clerk, his veto of any measure passed by that 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. Veto. The Mayor shall have the power and authority to remit or reduce the fines imposed in the police court of said city upon persons convicted therein for violating any of the laws or ordinances of said city and he shall also have the authority of parole on good conduct persons convicted in the police court of violating the laws and ordinances of said city under such rules and regulations as the Mayor and Council may by ordinance prescribe. Fines. Parole.

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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. Ordinance work. 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 monies are to be appropriated. No ordinance, unless it be declared an emergency ordinance, and passed by the 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 Vidalia, or posted at three or more public places in City of Vidalia, in the discretion of the Mayor and Council, and no ordinance except emergency measures, shall become effective until ten days after the date of its publication. That an emergency measure shall be declared to be 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, removal or entension of a franchise, or other special privilege, or regulating the rate to be charged for its services by any public utility shall ever be passed as an emergency measure. Emergency measures. Sec. 16. Be it further enacted, that at its first regular meeting after qualification, or as soon thereafter as practicable the Mayor and Council of the City of Vidalia shall elect a City Clerk. His term of office shall be the same as that of the Mayor, he shall take such oath of office and

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subscribe thereto, as the Mayor and Council may prescribe and shall give bond in the sum which may be prescribed and deemed advisable by the Mayor and Council, with good and sufficient security to be approved by the Mayor and Council by resolution, payable to the City of Vidalia, 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 as an officer of said city. He shall be the clerical officer of the Council and shall be the keeper of the seal of said city; he shall also be ex-officio clerk of the police court of said city; and attend its sessions; he shall be ex-officio tax collector of said city; he shall also be ex-officio clerk of the board of tax assessors, and 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 and established under the laws and ordinances of the City of Vidalia. 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 collector, and as ex-officio clerk or secretary of any board or commission of said city, shall be such as prescribed in this Act and as shall be prescribed under and by the laws and ordinances of said city and by the Mayor and Council. The compensation of said City Clerk shall be fixed by the Mayor and Council. City clerk. Duties ex-officio. Sec. 17. Be it further enacted, That at the first meeting after qualification, or as soon thereafter as practicable, the Mayor and Council of the City of Vidalia shall elect a City Treasurer. His term of office shall be the same as that of the Mayor. He shall take such oath of office and subscribe thereto, as the Mayor and Council by resolution may prescribe and deem advisable. He shall give bond in a sum to be prescribed by the Mayor and Council, with good and sufficient security to be approved by the Mayor and Council, by resolution, for the faithful performance of his duties and to make a just and true accounting for 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

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and safely keep all monies and funds of the city 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 laws and ordinances of said city; 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 city. The City Treasurer shall also be ex-officio tax receiver of the City of Vidalia, and as such shall receive the returns of property for taxation in said city at such times and under such rules and regulations, laws and ordinances as the Mayor and Council shall prescribe and enact, and to perform any and all further duties as City Treasurer and as City Tax Receiver as the Mayor and Council shall by ordinance prescribe. The city treasurer shall receive as compensation such amount as shall be prescribed by the Mayor and Council. Treasurer. Tax-receiver ex-officio. Sec. 18. 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 duties shall be such as are required by the ordinances and laws of the City and by the direction of the Mayor and Council. The City Attorney shall be paid a salary of not exceeding three hundred ($300.00) dollars per annum, payable monthly as a retainer only. He shall be the legal representative of the city and the legal advisor thereof. 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 conferred upon the Mayor and Council. Attorney. Sec. 19. The Mayor and Council shall have authority to elect a city sexton to have the superintendence of and the care of the City Cemetery; his duties shall be such as shall be prescribed by the Mayor and Council and by the laws and

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ordinances of said city. He shall receive for each interment such fees as may be fixed, and shall receive such compensation as may be prescribed by the ordinances of said city and by the Mayor and Council. Sexton. Sec. 20. 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 ordinance of the 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 by the Mayor and Council. Physician. Sec. 21. 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 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. Sec. 22. Be it further enacted, That at its first regular meeting, the Mayor and Councilmen shall elect one Marshal who shall be ex-officio Chief of Police, one Assistant and as many additional policemen as in the judgment of the said Mayor and Council may seem proper and necessary. Such officer shall be lected 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 above named officers shall in addition to such salaries as may be fixed and prescribed by the Mayor and Council, receive such fees and commissions as may be prescribed by the laws and ordinances of the said city, and 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 to be approved by the Mayor and Council of said city in such amount as may be determined upon by the Mayor and Council for the faithful performance

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of their duties and to account for all monies that may come into their hands as such officers of the 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. The mayor and Council of said city shall have the right at any time, without trial, to suspend or remove any of said officers for breach of duty, or failure to perform duty, insubordination, incapacity or for conduct unbecoming an officer or a 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 the said officers for any of the above named reasons for a period not to exceed ten days, without pay, and appoint a substitute therefor. Marshal and policemen. Removal or suspension. Sec. 23. 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 force. Sec. 24. Be it further enacted, That there shall be and the same is hereby established in the City of Vidalia a court to be known and designated as the Police Court of the City of Vidalia. The jurisdiction of said court shall extend over all violations of the laws and ordinances of said city and all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said violation and offenses are committed within the corporate limits of the City of Vidalia. The sessions of said court shall be held and presided over by the Mayor, or the Mayor pro tem, or by the city recorder, in the event the Mayor and Council shall see fit to create such office as hereinafter provided, at the city hall building in the City of Vidalia, or at such other place in said city as the Mayor and Council may direct, daily, or at such times as in the judgment of the presiding officer of said court may be necessary. Said Mayor,

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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 two hundred (200.00) dollars, by imprisonment in the city jail or guardhouse, for any term not exceeding ninety days, or by compulsory work, not exceeding ninety days, on the streets of the City of Vidalia, or on the chaingang of said city, or upon any of the public works 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 enfored by execution, levy and sale in the same way and manner as the collection of taxes is enforced in said city. Police court. Jurisdiction. Sessions. Trial and punishment. Sec. 25. Be it further enacted, That all trials on 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, Toombs County, City of VidaliaIn the Police Court of the City of Vidalia: I,marshall (or policeman) of said city, in the name and behalf of the city of Vidalia, charge and accuseof the offense ofcontrary 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

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issue thus formed the case shall proceed to trial and disposition. Trial on accusation. Sec. 26. 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 whether 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 witnesses by imprisonment if necessary and to take bonds to secure their attendance and to forfeit said bonds before said 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 places specified therein, under such rules and regulations as the Mayor and Council of said city shall by ordinance prescribe, and the said police court shall have the power and authority to do so, 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 ($25.00) dollars, or by imprisonment in the city jail or guardhouse 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 and 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.

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Sec. 27. 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, City Clerk or Recorder of said city, payable to the Mayor of said City of Vidalia, 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 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. Except when the offender is violent, in which case the arresting officer may refuse bail. 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 rearrested and placed in the city jail or guardhouse until such case shall be tried and disposed of, or to admit the defendant to bail, as he may deem proper. Appearance bonds. Sec. 28. Be it further enacted, That any person convicted in the police court in the City of Vidalia for the violation of any of the laws and ordinances of said city shall have the right to certiorari to the Superior Court of Toombs County; provided, all costs are first paid to the City 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 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 cases to be approved by the presiding officer in said court. Provided, further, that nothing in this section shall prevent

Page 1027

the defendant if he desires to certorari 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 supercedeas of said judgment until the final judgment is rendered in said case. All certiorari 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. Costs and bond Pauper affidavit. Sec. 29. 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, Mayor pro tem. or the Recorder of said city (each of them being hereby authorized and empowered to issue warrants for the apprehension and arrest of persons 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 committed in the presence of such arresting officer, or the offender is attempting to escape, in which event he may arrest and detain such persons until a proper warrant can be secured authorizing the offenders further detention. The Marshal or 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 Vidalia charged with an offense against its laws and ordinances and to imprison and confine such persons arrested by them in the city jail or guardhouse, or in the jail of Toombs County until the trial, or admit them to bail as provided. The Marshal and policeman 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 policeman are also authorized to arrest anywhere within the limits of this State any person charged with a violation of the laws

Page 1028

and ordinances of said city upon a warrant from the proper officer of said city authorized to issue the same. Arrests on warrants and otherwise. Sec. 30. Be it further enacted, That each police officer 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, the said police officer is satisfied that the person charged with such offense is not likely to leave the city to escape arrest under a warrant, he shall give said person a written summons to appear before the police court at its next regular session 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 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 to answer said charge. It shall also be the duty of the Marshal and policeman of the city 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. It shall be the duty of all police officers 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. Arrest, imprisonment, and bail. Sec. 31. Be it further enacted, that the Mayor and Council of the City of Vadilia may, wherever 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, and to fix at not more than six hundred ($600.00) dollars per annum his compensation therefor. Said Recorder may be elected at any time that in the judgment of Mayor and Council his services may be necessary

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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 be 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, as when he may be disqualified. In either case the Mayor or the Mayor pro tem. shall preside as acting Recorder with the same power and as vested in the city Recorder. Recorder. Sec. 32. Be it further enacted, That the Mayor, 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 Vidalia, 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 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 to bail to answer to the court having jurisdiction of the offense if the offense is bailable. Jurisdiction as J. P. Sec. 33. Be it further enacted that the Mayor and Council of the City of Vidalia 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 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. 34. Be it further enacted, That the said Mayor and Council may by ordinance, declare what shall be a nuisance

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in said city, and by ordinance provide for the abatement of same. The police court of Vidalia 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. 35. 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, chickens and all other animals and poultry 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. Impounding of animals. Dog tax. Sec. 36. 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 no owner appears, or when payment of the impounded fees charged, penalties, or costs is refused; to provide for the disposition of the proceeds of the sale of impounding animals, and to provide for the punishment of all persons, who, without authority shall break or enter the pound. Impounding regulations.

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Sec. 37. 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 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 three ($3.00) 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 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 tax or work. Sec. 38. Be it further enacted, That the said Mayor and Council shall have the authority to establish and put in operation a Board of Health of 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 ordinance 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. 39. Be it further enacted, That said Mayor and Council shall have the power and authority to enact and enforce ordinances to prevent the spread of any infectious or contagious disases; to compel the vacination 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

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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 the 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 diseases, by confining such person or persons during such period, within the premises provided by the Mayor and Council, 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 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 refusing to be vaccinated 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; sanitary regulations. Quarantine. Vaccination. Sec. 40. 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 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 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

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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 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 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 owner, which expense may be collected as taxes are collected. Fire; protective regulations. Sec. 41. 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, layout, widen, straighten, grade or otherwise change the street, sidewalks, alleys, lanes, parks, and squares of said city, and shall have the power to lay off, grade, vacate, close up, 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 such terms and conditions a 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. Wherever the said Mayor and Council shall desire to exercise the power and authority to condemn property as

Page 1034

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 I, 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 or squares of said city, and to enforce the provisions of this section by the enactment of appropriate ordinances. Streets and sidewalks, control of. Condemnation of property. Removal of obstructions, etc. Sec. 42. 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 drainage 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 anyway 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, improvement and repair of streets, etc. Sec. 43. 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, or street railroad

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company having or which may hereafter have, tracks running in, along, across or through the streets, alleys, or ways of said city, so improved, to macadamize or otherwise pave and 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, and the Mayor and Council shall have the power and authority to enforce the provisions of this section by proper ordinances. Railroads, street-paving and repairs by. Sec. 44. Be it further enacted, That all streets, alleys, sidewalks, pavements, and street crossings in the City of Vidalia 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 constucted, 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 of the construction, paving or repairing 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 ($100.00) dollars, and to collect the same by execution; they may also direct their officers, or persons in their employment, to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing or failing to comply with said ordinance, and 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. Sidewalks and streetcrossings. Sec. 45. 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 improvement, street forces, and the performance of all other public work done within the limits of said city. Public work.

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Sec. 46. Be it further enacted, That said City Council of the City of Vidalia 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 and paving. Sec. 47. Be it further enacted, That the 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 Vidalia to pay the other one-third of said cost. Assessments on real estate. Sec. 48. Be it further enacted, That said City Council of the City of Vidalia 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 appropriating the cost thereon 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. Equalization and apportionment. Sec. 49. Be it further enacted, That the amount of the assessments on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Lien of assessment. Sec. 50. Be it further enacted, That said City of Vidalia 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

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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 Toombs County, and there tried as other cases of illegality are tried. Execution, levy and sale. Illegality of execution. Sec. 51. Be it further enacted, That 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. Other rules for street improvement. Sec. 52. Be it further enacted that the City of Vidalia shall have authority to issue execution for the above described work or improvement and shall have power to transfer said execution in writing by its clerk, and the transferee shall have all the rights under the same as were had by the said city. Execution and transfer. Sec. 53. Be it further enacted, That said city of Vidalia shall have full power to repave and repair any sidewalks, streets, or alley or portion of such sidewalk, street or alley, and such after proceedings as to levying and collection of assessments 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. Sidewalk repair and repaving.

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Sec. 54. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Repealing clause. Sec. 55. Be it further enacted, That the Mayor and Council of said city shall have full power and authority by ordinance to regulate and prescribe the speed of railroad trains running within the limits of the said city, to require all railroad companies to station watchmen 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 or engines any longer than is necessary for said trains, cars or engines to pass over said crossings; to prohibit more than one train from crosisng 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. Railroad-train regulations. Sec. 56. 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 Vidalia, 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, firms 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

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to condemn the same as hereinafter 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 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 up-keep, 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 by 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 Vidalia 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 improvement thereof, and the making and enforcement of contracts for the furnishing of lights, water, sewerage, electric power,

Page 1040

or any of them to the inhabitants of said city and non-residents thereof, together with the right to acquire, own, possess and condemn lands and premises for such purposes, whether within or without the limits of said city, as herein conferred upon and granted said Mayor and Council as hereinabove set forth respecting the present system of waterworks, electric lights and sewerage of said city. Waterworks, sewerage, and lights, powers relating to. Sec. 57. Be it further enacted 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 Vidalia. Rates for public service. Sec. 58. 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, corporations for water, electric lights, electric power, 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 Councilmen, 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 Vidalia are hereby authorized and empowered to enact all laws, ordinances, rules and regulations necessary to carry out and effectuate this section. Franchises in streets. Elections.

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Sec. 59. Be it further enacted, That the Mayor and Council, in the name of the City, shall have full power and authority to contract for or to condemn any lands or premises, within or without the City of Vidalia, for the purposes of establishing and maintaining electric light plants, water work systems and sewerage systems, drainage systems or any of them for said city, or for the purpose of maintaining, extending, enlarging or improving the present electric light, water works and sewerage systems, or drainage systems 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 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 in and out of city. Sec. 60. Be it further enacted, That the City of Vidalia 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 as found in Section 440, etc., of the Political Code of Georgia. Bond issues. Sec. 61. 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 the same, and all animals brought in said

Page 1042

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 cream, ices, soda-water, and soft drinks of any character, or dealers in same, livery stables, feed stables, sales stables or lots, and owners or keepers of same, hacks, drays, jitneys, or other vehicle and operators of same, auctioneers,, vendue masters, itinerant traders, picture shows, theatres, shows and exhibitions and fairs of all kinds, theatrical performances, dummy or street railways, oil mills, ice works or factories, ginneries, grist mills, or managers of same, lightning rod dealers, itinerant or flour mills, planning 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 otherwise, bill posters, book agents, peddlers of stoves, machines, or any article of merchandise, itinerant traders, immigrant 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, billard rooms, pool tables, billard tables, and any and all kinds of tables for public play, bowling alley, and every keeper of any thereof, and every keeper of any table, 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, velocepedes 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; dealers in petroleum oils of any character; dealers in lubricating oils,

Page 1043

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 dealer 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 and 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, barbershops, junk shops, cotton warehouses and any and all other kinds of warehouses, bottling works or the owners of any 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 Mayor and Council shall also 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, and to provide penalties for the violation of any of the provisions thereof. License taxes and regulation of occupations. Sec. 62. 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 Vidalia, 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

Page 1044

such amount as the 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 ordinance in reference thereto. Registry and licensing of occupations. Sec. 63. Be it further enacted, That the Mayor and Council of Vidalia shall have power and authority to levy and collect a tax annually, of not exceeding one and one-half per cent. upon all and every species of property, both real and personal, within the limits of the City of Vidalia, including bonds, notes, debts, choses in action, moneys employed in banking and otherwise and to enforce the collection of same by execution, levy and sale as the Mayor and Council shall provide. Tax ad valorem. Sec. 64. Be it further enacted, That said Mayor and Council shall, at their first meeting in June of each year, elect three intelligent, discret and upright persons, citizens and qualified voters of said city, and owners of real estate therein, as city tax assssors, 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 filed 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 therefor 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

Page 1045

may by ordinance direct. If any tax payer is dissatisfied with the assessment made of his property, either real or personal by said assessor, such taxpayer shall, within ten days after the assessors have made their return 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 the board of arbitrators so constituted shall immediately proceed to give their awards as to the value of such property, which awards 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 wherever 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. Returns of assessments. Arbitration of assessment. Powers. Sec. 65. 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. 66. Be it further enacted by the authority aforesaid, That executions for any and all taxes or licenses or demands of any sort due the city or its corporate authorities by any person, firm or corporation, or against any property

Page 1046

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 Marshal of said city and his deputies and to all and singular the sheriffs, deputy sheriffs, and constables of this State commanding them 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 all registration, governing the marshal's sales under said executions. The sheriffs, deputy sheriffs and constables of this State shall proceed in the same manner to levy and collect executions issued from the respective courts of which they are an executive officer. Executions. Levy and sale. Sec. 67. 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 other 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 sped at which same may be run and the manner in which the same may be run; the qualifications of the drivers, 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 of the public. The Mayor 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. Regulation of vehicles. Sec. 68. 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 side walks 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. Idlers.

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Sec. 69. 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 and 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 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 same. The provisions of this section shall also apply to persons who reside without the limits of the city bringing any of aid articles or commodities in said city for sale. Weights and measures. Sec. 70. 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 now extends or 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

Page 1048

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 th 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. Wells. Sec. 71. 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 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 therof, 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 bcome 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 such 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. Buildings and repairs. Permits. Removal of houses. Sec. 72. Be it further enacted, That the said Mayor and Council shall have the power and authority to grant franchises, permits, easements, and rights-of-way in, on, under and over the streets, alleys, lanes, squares, sidewalks, parks,

Page 1049

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 shall also have the right and power to pass such ordinances as may be 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. 73. Be it further enacted, That the 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 rights-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 applications for same, the filing, publication of notice, and the granting of same as the Mayor and Council may deem necessary or advisable. Application and notice. Sec. 74. Be it further enacted, 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 and playgrounds. Sec. 75. Be it further enacted, That the 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

Page 1050

same; to maintain, establish and equip a city jail or guard house in said city for the safe keeping 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. 76. 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 and pay and equipment thereof; to purchase any necessary apparatus and make any needful rules and regulations for its proper maintenance. Fire department. Sec. 77. Be it further enacted, That the Marshal and policemen 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 building in said city and to imprison such person or persons in the city jail or guard house or to admit them to bail for appearance for trial for such offense before the police court; said Marshal and policemen 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 in said city or the laws and ordinances thereof; also to arrest and detain without warrant, any person who may be an escaped convict of the State or any 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 the 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. Arrest of idlers, etc. Escapes.

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Sec. 78. 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 within 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. 79. 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, 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 Vidalia 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 ordinancs of said city. The Mayor and Council shall have the power and authority to revise said Code or re-codify the laws and ordinances of said city whenever they may deem it necessary. Code of ordinances. Sec. 80. 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 selectd upon such rules, regulations, conditions and requirements as the Mayor and Council may by ordinance prescribe. Depository of funds. Sec. 81. 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

Page 1052

fare and carriages thereon; and to fix and prescribe penalties for violation thereof. Rates of vehicles for hire. Sec. 82. 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 gun powder, dynamite, petroleum oils, turpentine, and any and all other kind of explosives or materials; to regulate the sale and use of fire crackers, torpedoes, sky rockets, 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. Combustibles and explosives. Sec. 83. Be it further enacted, That the Mayor and Council shall have exclusive jurisdiction over all cemeteries belonging to said city. They may make such appropriations as may be necessary for the care and supervision of same. They may enact ordinances and provide penalties for the purpose of preventing trespass thereon. They may regulate the charges of grave-digging and interment, hearse fees, and any and everything pertaining to the proper care and operation of such cemeteries; to sell lots or right to bury thereon. They may prescribe such fees for burials as they may deem proper, and may enforce the collction of such fees, as they may be ordinance provide. Cemeteries. Sec. 84. Be it further enacted, That the Mayor and Council of the City of Vidalia, 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 known as Matching to match for drinks, money or other articles of value; to prohibit any and all other games (other than 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 schemes for the hazarding of money o other things of value, therein, to prohibit raffling in said city; and to prescribe penalties of the violation of any and all such ordinances. Gambling.

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Sec. 85. Be it further enacted, That the Marshal and policemen of said city shall have the right and authority, upon proper warrants, 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. Authority to break and enter houses. Sec. 86. 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. 87. Be it further enacted, 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 purposes, 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. Sanitary tax. Sec. 88. Be it further enacted, That the Mayor and Council of said City of Vidalia 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

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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 materity, and all taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes 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. Bond tax additional. Sec. 89. Be it further enacted, That no contracts 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 officers and employees shall be subject to premptory discharge as herein provided. Discharge of employees. Sec. 90. Be it further enacted, That whenever any real property is sold under any process of the City of Vidalia 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. Conveyance of property sold. Redemption. Sec. 91. 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 law respecting the public school system of said city. Support of schools. Sec. 92. Be it further enacted, That nothing in this Act shall affect the present officers of the City of Vidalia, or their fees or salaries, or the licenses and special taxes

Page 1055

on the tax rate fixed by the ordinances of said city for the year 1922. Present officers and taxes. Sec. 93. Be it further enacted, That the special legislation on the subject of the 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. School system not affected. Sec. 94. Be it further enacted, That authority to carry out and effectuate by ordinance each and every power granted to the City of Vidalia 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, health, good order and welfare of said City of Vidalia. Plenary powers. General welfare. Sec. 95. 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 and in the same manner prescribing their duties and compensation and fixing their compensation. Other officers. Sec. 96. Be it further enacted, That the City of Vidalia as created by this Act, shall succeed to all the rights, privileges, 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 Vidalia, and its former governing authorities as heretofore incorporated. Corporate succession. Sec. 97. Be it further enacted, That the salaries of all city officers, when fixed and determind by the 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.

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Sec. 98. Be it further enacted, That the City of Vidalia shall have power: Specific powers. (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; Property. (B) To furnish all local public services, as lierein specified and provided for; Public services. (C) To grant local public utility franchises and regulate the exercise thereof; Utility franchises. (D) To assess, levy and collect taxes for general and special purposes on all subjects or objects which the city may lawfully tax; Taxes. (E) To borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city; Loans. (F) To appropriate the money of the city for all lawful purposes; Appropriations. (G) To create, provide for, construct, regulate and maintain all things in the nature of public works and improvements; Public works. (H) To levy and collect assessments for local improvements on property benefited thereby; Assessments. (I) To maintain a system of public schools; Schools. (J) To license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade; Licenses. (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; Nuisances.

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(L) To make all needful regulations applicable within and without the city, for securing and preserving the purity of its water supply; Water. (M) To do all things necessary or desirable to secure and promote the public health; Health. (N) 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; Food. (O) To regulate the construction, reconstruction, material, location, height, maintenance and occupancy of buildings; Buildings. (P) To regulate and control the use, for whatever purpose, of the streets and other public places of the city; Streets. (Q) To create, establish, organize and abolish departments and offices, and fix the salaries and compensation of all officers and employees; Offices. (R) To make and enforce local police, sanitary and other similar regulations; Police and sanitation. (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; General welfare. (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. Additional powers. Sec. 98. 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

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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. Extension of sewers. 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. 99. Be it further enacted, 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. Execution of public work. Sec. 100. Be it further enacted, that said city shall have the power to control, regulate and remove all obstructions, incroachments 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. 101. Be it further enacted, 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.

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Sec. 102. Be it further enacted, That the said city shall have the power and authority to provide for the inspection and regulation of the sanitary condition of all premises and vacant lots within 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. Sanitary inspection and regulation. Sec. 103. Be it further enacted, That the said city have the power and authority 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. Water and sewer connections. Sec. 104. Be it further enacted, That the said city have power and authority to remove within a reasonable time, ice, slush, snow and other debris from sidewalks fronting on property owned, occupied or controlled by such owners, 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. Removal of debris, etc. Sec. 105. Be it further enacted, That the said city have power and authority to prohibit the inhuman treatment of animals and provide punishment therefor. Animals. Sec. 106. Be it further enacted, That the said city have power and authority to prohibit and restrain the flying of kites, firing firearms, fire crackers, 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 retain, regulate and prohibit the ringing of bells, or blowing of horns, bugles and whistles, crying of goods, and all

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other noises, practices and performances 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. Sec. 107. Be it further enacted, That the said city have power and authority to license any lawful business, occupation or calling that is susceptible to the control of the police power, and to license, regulate, control and prohibit the erection of signs or bill boards. Licenses for regulation. Sec. 108. Be it further enacted, That the said city have the power and authority to license, tax and regulate the charges or fares made hawkers, peddlers and pawn brokers. License tax. Sec. 109. Be it further enacted, That the said city have the power and authority 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. Vehicle fares. Section 110. Be it further enacted, That the said city have the power and authority to regulate the operation of railway trains on, along or across the streets, avenues or alleys of said city; to license and control the operation 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 the streets by any such vehicles. Railway trains, automobiles, etc. Sec. 111. Be it further enacted, That the said city have power and authority to provide for the regulation and control of plumbers and plumbing works, and to secure efficiency in the same. Plumbers. Sec. 112. Be it further enacted, That the said city have the power and authority 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

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for electric lights and other electric appliances; piping for gas; flues, chimneys, plumbing and sewer connections, and to enforce proper regulations in regard thereto. Building permits, inspection, etc. Sec. 113. Be it further enacted, That the said city have the power and authority to enact and enforce all ordinances and resolutions necessary to regulate the safety of all office buildings, hotels apartment houses, rooming houses, hospitals, theatres, store buildings and all public buildings. Buildings. Sec. 114. Be it further enacted, that the said city have the power and right 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 sales thereof. Vagrants, etc. Narcotics. Sec. 115. Be it further enacted, That the said city have the power and authority 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. Fire escapes. Disorderly houses. Sec. 116. Be it further enacted, That said city have the power and authority to prohibit and punish keepers and immates of bawdy, assignation and disorderly houses, to prevent and suppress such bowdy, 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 bawdy, assignation or disorderly houses, and to determine such inmates and keepers to be vagrants. Sec. 117. Be it further enacted, That said city have power and authority to establish, maintain and regulate the city prison, workhouses and other means of punishments for vagrants, city convicts and disorderly persons; and such hospitals, orphanages and charitable institutions as may be deemed expedient by the governing authority. Prison. Hospitals, etc.

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Sec. 118. Be it further enacted, That said city have power and authority to 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 appropriated 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 hereof that the powers of the City of Vidalia shall extend to all matters of local and municipal government. Powers not excluded, but extended. Sec. 119. Be it further enacted, That all ordinances and resolutions in force at the time of the taking effect of this charter not inconsistent with its provisions, shall coninue in force until amended or repealed. Ordinances of force. Sec. 120. Be it further enacted, That all laws and parts of laws in conflict with this Act be and are hereby repealed. Approved August 8, 1922. WARRENTON BOARD OF EDUCATION; ELECTION AND TERM OF OFFICE. No. 311. An Act to amend An Act to establish public schools for the Town of Warrenton, Warren County; to authorize and empower the Mayor and Council of said town to levy and collect a tax for the support and maintenance thereof; to create a Board of Education of Public Schools for said town; to authorize the County School Commissioner of Warren County to pay to said Board of Education of Public Schools such part of the school fund for said county as may be apportioned to said school and for other purposes, approved August 8, 1907, so as to fix the terms of office of the members of said Board of Education and to

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provide for their election by the qualified electors 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 entitled An Act to establish public schools for the town of Warrenton, Warren County; to authorize and empower the Mayor and Council of said town to levy and collect a tax for the support and maintenance thereof; to create a Board of Education of Public Schools for said town; to authorize the County School Commissioner of Warren County to pay to said Board of Education of Public Schools such part of the school fund for said county as may be apportioned to said school and for other purposes, approved August 8, 1907, be and the same is hereby amended by striking Sections 2 and 3 thereof. Act of 1907 amended. Sec. 2. Be it further enacted by the authority aforesaid, That in lieu of Section 2 of said Act of 1907, which is stricken by the provisions of Section 1 of this Act, the following be enacted: That there shall be a board of education for said town consisting of five members each of whom shall be a bona fide resident and qualified voter of said town, which Board of Education shall constitute a body corporate and shall have a chairman, a secretary, and a treasurer to be elected by said board from the members thereof; and said board shall be chosen and have such duties and powers as are hereafter provided. New sec. 2. Board of education. Sec. 3. Be it further enacted by the authority aforesaid that in lieu of Section 3 of said Act of 1907, which is stricken by the provisions of Section 1 of this Act, the following be enacted: That the Mayor and Council of said town shall call an election on the first Monday in November, 1922, for the election of said board, said election to be called and held under the same rules and regulations as govern the elections for Mayor and Councilmen of said town, and the five qualified citizens of said town who shall receive the highest number of votes in said election shall be declared elected as

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members of said board of education, two of whom shall hold office for two years, two for four years, and one for six years and until their successors are elected and qualified. Within ten days from said election said board shall meet and determine by lot or otherwise which one shall serve for the different terms. Thereafter the terms of office of the members of said board of ducation shall be six years and an election shall be held on the first Monday in November, 1924, to fill the vacancies caused by the expiration of the terms of the two members who get the two year terms in the election first above provided for, and biennially thereafter on the first Monday in November, an election shall be held to fill vacancies in said board of education caused by the expiration of the term or terms of any of the members thereof. The terms of office of said members to begin January 1st, 1923. Any vacancy in said board caused by death, resignation, removal or otherwise than by the expiration of the term of a member, shall be filed by said board until the next regular election for such member or members, all elections for the members of said board of education by the qualified voters of said town as herein provided for, shall be held under the same rules and regulations and with the same qualifications as to electors as are provided for in the elections for Mayor and Councilmen of said town, and shall be called by said Mayor and Council. New sec. 3. Election of board of education. Terms of office. Sec. 4. Be it further enacted by the authority aforesaid that the board of education of the public schools of said town, as at present constituted, shall continue in office and be authorized to perform all the duties which they are at present empowered and authorized to perform, except in so far as the same may be modified by this Act, until the election on the first Monday in November, 1922, provided for in Section 3 of this Act, at which election their successors shall be chosen. Present board continued.

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Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved July 28, 1922. WARWICK, NEW CHARTER FOR TOWN OF. No. 351. An Act to consolidate, revise and amend an Act approved August 22, 1905 (Acts 1905 pages 1228-1233), (and the Act amendatory thereof) approved August 10, 1921, (Acts 1921, pages 1145-1163, forming the present charter of the Town of Warwick, Worth County, Georgia, so as to provide a new charter for the said Town of Warwick to change and reduce the present corporate limits of the said town and define same under this Act; to prescribe the qualifications and provide for the election of officers, and otherwise for the government of the said town; to prescribe the qualifications and provide for the registration of voters and for voters' lists to be used at elections held in said town; to provide for the levy and collection of ad valorem and special taxes for all purposes of the said town and fix a limit on the rates; to provide for the sale of the franchises of the said town for the establishment and operation of waterworks, lighting, power, telephone and other plants, and any and all public and quasi-public utilities necessities and conveniences and for contracts with reference thereto; to provide for the establishment, ownership, maintenance and operation by the said town of waterworks, lighting, power, telephone and other public and quasi-public utility systems, for the purpose of supplying its own needs, and furnishing same for compensation to its citizens and the general public; to provide for sewerage, drainage and sanitary systems; to provide for elections for the submission

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to the qualified voter of the said town questions as to whether any one or more of the franchises of the said town shall be sold and delegated to private individuals or corporations, and for the submission of contracts with reference thereto; to provide for the issuance and sale of bonds of the said town for the purpose of establishing and maintaining waterworks, lighting, power, telephone, sewerage, drainage, and sanitary plants and systems, and any and all other public or quasi-public utility plants and systems, and for elections to be held for the purpose of submitting the question as to whether bonds shall be issued and sold for any one or more of said purposes; to provide a general welfare clause, and prescribe the general and special powers and duties of the Mayor and Council, and officers of the 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 same, That from and after the passage of this Act the town of Warwick in the County of Worth, said State, shall be, and the same is hereby incorporated and made a body politic under the name and style of Town of Warwick, and by such name shall have perpetual and successive existence, have and use a common seal, sue and be sued, plead and be impleaded, contract and be contracted with, have and exersice any and all rights, powers and privileges of a municipal corporation not inconsistent with the constitution and laws of the State of Georgia. Corporate name. General powers. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted, That the corporate limits of the said town shall be and are hereby fixed as follows: The center of the said town shall be at the point of intersection of the center line of the mainline track of the Georgia Southwestern and Gulf railroad and the center line of the first street crossing the railroad track southwesterly (towards Albany) from the present depot of said railroad at said town of Warwick, this street being known and designated

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as Washington Street, and the corporate limits shall extend from this point one-half mile in all directions, thus forming a circle one mile in diameter with the point above fixed as the center, and all territory within this circle thus traced by using a half mile radius from said center being hereby fixed as the corporate area. Territorial limits. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted, That the present organization and government of the said town be, and the same is hereby confirmed and continued in all respects until superseded under the provisions of this new charter; the persons holding the offices of Mayor and Councilmen under the present charter of said town shall continue to hold said officers for the terms for which they were elected respectively, and until their seccessors are elected and qualified under the provisions of this Act. Present government continued. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted, That the officers of the said corporation, constituting its government, under this new charter shall be a Mayor and four Councilmen, to be elected by the qualified voters of the said town. The annual election of officers of said town shall be held on the first Wednesday in December of each year. The term of the Mayor shall be one year, and until his or her successor is elected and qualified; the terms of the Councilmen shall be two years, and until their successors are elected and qualified; two Councilmen shall be elected at each annual election to fill the vacancies occurring with the year in which such election is held; the term of the Mayor and Councilmen shall run with the calendar years, beginning with January first after the election as to the officers elected at the particular election, and running for the terms for which they are elected thereafter. Mayor and council. Election and terms of office. Sec. 5. Be it further enacted by the authority aforesaid, and it is hereby enacted, That all persons qualified to vote for members of the General Assembly of Georgia

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under the Constitution and laws of the United States and of the State of Georgia, and who have resided within the corporate limits of the said town for the three months next preceding the day of the election, and have paid all taxes legally chargeable against them by the said municipality, up to, but not including the year in which the election is held, and who registered as hereinafter required, shall be entitled to vote in any and all elections for officers and for any and all other purposes held in the said town. Voters qualified. Sec. 6. Be it further enacted by the authority aforesaid, and it is hereby enacted, That all qualified voters of the said town shall be, and they are hereby required to register. The Clerk of the Council of said town is hereby made ex-officio the Registrar of the said town. In the absence of the Clerk or his inability or failure to serve for any reason the Mayor and Council by order on their minutes, may appoint any competent person to act as registrar permanently or temporarily, as they see proper. The Registrar shall immediately after the passage and approval of this Act, open a voters' book for said town, writing upon said book and at the head of the registration therein the following oath: Georgia, Worth County, Town of Warwick: I do solemnly swear (or affirm) that I am of twenty-one years of age or will be of that age at the time of the annual election for officers of said Town of Warwick of the year in which I am now registering; that I am qualified under the Constitution and Laws of the United States and of the State of Georgia, so far as I am able to know and judge, to vote for members of the General Assembly of Georgia in the said County; that I have resided in the said Town of Warwick for the period of three months next preceding the date of my registration, or will have done so at the time of the annual election of officers of said town of the present year; and, that I have paid all taxes required of me by the authorities of the said town from the beginning of my residence therein

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to this date of my registration, except for the present year in which this registration is made, so help me God; and this book shall be kept at the office of the Clerk of the Council of said town and available to all persons desiring to register at all times during business hours and when said office is open for business. Any person desiring to register may apply to the Registrar at the office of the Clerk of Council at any time when said office is open for business, and it shall be the duty of the Registrar to administer the oath as above prescribed to such person and upon the said oath being taken by such person, such person shall be permitted to sign the registered list in said book, or the registrar or the clerk in charge of the said book may enter the name of such person upon the list in said book; and opposite the name of such person shall be entered by the registrar or clerk the date of registration, the date such person will be twenty-one years of age, if not twenty-one at the time of registration, the race, color, sex and occupation of such person, all from information given at the time by such person. The registration list shall be closed for the annual election of officers, and for any and all other elections, on the thirtieth day before the election. As of the thirtieth day previous to each and all elections the registrar, or if the registrar be disqualified or will not or can not serve for any reason, some person appointed by the Mayor, or Mayor pro tempore, shall examine into and determine the qualification of each and all persons whose names appear on the voters' book, and shall make up a voters' list including the names of all whose names appear thereon and who appear to be qualified under the law, striking and leaving off the names of all lacking any of the qualifications required by law, this list to be made up and filed with the clerk of Council of said town ten days before the election for which same is made up. All those whose names appear upon the voters' book, but are left off this list made up by the registrar as being disqualified, shall be notified of the fact of their names being left off by the registrar mailing each and all a notice to that effect addressing them at and

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depositing such notices at the Warwick, Georgia, postoffice under proper postage, these notices to be mailed ten days before the elections; and within three days thereafter any person dissatisfied with the action of the registrar in leaving the name of such person off the list of voters may file with the clerk of Council a written request for a hearing upon the question of his qualification, and thereupon the clerk of Council shall notify the Mayor, or Mayor pro tempore, and such officer shall at once appoint three disinterested citizens of the said town, to be designated as registrars for the particular election, whose duty it shall be to fix a time and place for hearing and notify the person making the request thereof by mailing him notice at least one day before the hearing, depositing such notice addressed to him in the Warwick, Georgia, postoffice under proper postage; and at the time and place fixed by said notice said registrars thus appointed shall meet, and the three, or a majority of them, give the person so requesting a full hearing upon the question of the qualification of such person, and shall make full investigation with the same, and determine the qualification of such person to vote under the law and the facts, and file their judgment thereon with the clerk of Council three days before the election, and the name of such person shall remain off or be put on the list according as such judgment may direct; and the list as thus made up shall be certified by the clerk of Council, or by some person designated by the Mayor and Council for that purpose, and furnished to the managers of the election for which same is made up by such clerk or other person designated prior to the time for opening the polls, the same to give the names of all voters thus determined to be qualified in alphabetical order, and opposite the name of each give the color and sex of the voter; this list shall be the official voters' list, recognized as giving and including the names of all qualified voters of the said town at the time of the particular election for which same is made up, and none shall be allowed to vote except those whose names appear on said list. Registration of voters. Oath of voter. Closing of list. Names omitted. Notice. Hearing. Certified list.

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It shall not be necessary for any person to register upon the voters' book but once, unless the name should be left off by the registrar on account of disqualification, in which event, upon removal of the disqualification, such person may again register. The list of those determined to be qualified shall be permanent, subject to revision prior to each election, and the adding to and striking off names upon such revision, as above provided. Permanent registration. Sec. 7. Be it further enacted by the authority aforesaid, and it is hereby enacted, That all elections of the said town shall be conducted under the management of justices of the peace or freeholders residing in the said town, and in manner and form as elections for members of the General Assembly of Georgia under the general election laws of said State. Elections. The managers shall each before proceeding with the election take and subscribe the following oath, to-wit: Georgia, Worth County, Town of Warwick: All and each of us do solemnly swear that we will faithfully superintend this day's election; that we are qualified to act as such superintendents by being justices of the peace or freeholders residing within the corporate limits of said Town of Warwick; that we will make a just and true return thereof, and not knowingly permit any one to vote, unless we believe he or she is entitled to do so according to the laws of said State and the charter of said town; nor knowingly prohibit any one from voting who is entitled to do so under the laws of said State and the charter of said town; and we will not knowingly divulge for whom of for what any vote was cast unless called upon to do so under the law. So help us God. Said oath shall be subscribed by each manager in the capacity in which he acts, whether justice of the peace or freeholders, the same to be attested by some officer authorized by law to administer oaths, or they may swear each other and attest the oath as to each other. All clerks acting for the managers at elections shall take and subscribe the oath in the form as above before some officer authorized to

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administer oaths or one of the managers before entering upon the discharge of their duties. The managers shall make and sign a true and correct return of the election held by them, and together with the ballot box duly sealed and the oath taken by them, the voters' list and tally sheets, in form and manner as required in general State and county elections, and shall return and file all of the same with the clerk of Council of said town by or before noon of the first week day following the day of such election, and the clerk shall at once record the return made by the managers upon the minutes of the Mayor and Council. In case of elections to elect officers of the said town, the managers are hereby given the power to determine and declare the result of the election, and to issue certificates of election to the person elected, and such certificates shall constitute the authority of such officers to enter upon the discharge of their duties. As to all other elections the managers shall make return to the Mayor and Council of said town, and the Mayor and Council shall meet at noon, or as soon thereafter as practical, on the first week day following the election, and in the presence of the managers bringing up the returns, canvass the returns and declare the result of the election. The return of the managers, and the order of the Mayor and Council, to be entered on the minutes of the Mayor and Council by the clerk. Managers. Clerks. Returns. Certificates. Sec. 8. Be it enacted by the authority aforesaid, and it is hereby enacted, That any person knowingly or wilfully registering upon the voters' book of said town without being qualified and entitled to do so, or giving to the officer in charge of said book any false information in regard to his or her qualifications as a voter for the purpose of becoming registered and having his or her name placed on the voters' list for any election, or voting at any election when not qualified to do so under the charter of the said town, shall be guilty of a misdemeanor, and, upon conviction shall be punished as provided by section 1065 of the Penal Code of Georgia of 1910. Unlawfully registering or voting. Penalty.

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Sec. 9. Be it enacted by the authority aforesaid, and it is hereby enacted, That the other permanent and regular officers of the said town shall be a clerk of the Mayor and Council, a marshal, a chief of police, and a treasurer, provided, that the same person may hold any one or more of these offices in the discretion of the Mayor and Council. The Mayor and Council shall at the first meeting after each annual election of officers or as soon thereafter as practical, elect persons to fill the offices of clerk, marshal, chief of police and treasurer, who shall hold office at the will of the Mayor and Council. Should there occur a vacancy in the office of Mayor, the members of the Council shall meet and elect one of their number to the office of Mayor for the unexpired term, who shall serve for the unexpired term and until his successor shall be elected at the next regular annual election of officers and shall be qualified for the succeeding term; and the Council shall elect some qualified elector of the said town to the vacancy thus caused on the Council, who shall serve for the unexpired term, and until his successor is elected and qualified for the succeeding term; should a vacancy occur on the Council for any other reason, the Mayor and remaining members of the Council shall meet and elect some qualified elector of said town to such vacancy, and the person thus elected shall serve for the unexpired term of the person he or she is thus elected to succeed and until the successor is elected and qualified and takes office for the succeeding term. Clerk, marshal, chief of police, treasurer. Vacancy in office of mayor The Mayor and Council shall have the power to prescribe the qualification, duties and powers of the clerk, marshal, chief of police and treasurer, and require oath and bond where they deem it necessary and proper, prescribe the form of the oath, and the form and penalty of the bond required, and do any other acts in this regard that they deem necessary and proper. The Mayor and Council may create any other general or special offices that they see proper from time to time, elect or appoint persons to fill the same, prescribe the qualifications,

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duties and powers of such officers, and discontinue such offices, remove the incumbents, or change the same in any and all ways, at will. Other offices. Sec. 10. Be it further enacted by the authority aforesaid, and it is hereby enacted, That no person shall be eligible to the office of Mayor or Councilman of the said town who is not a qualified voter thereof, and who has not resided in the said town at least six months before election. Eligibility of mayor. Sec. 11. Be it further enacted by the authority aforesaid, and it is hereby enacted, That the Mayor and Council of the said town shall have, and it is hereby expressively given, the power and authority to make, ordain and enact, from time to time, such by-laws, ordinances, rules and regulations as they shall determine to be necessary and proper for the good government and general welfare of the said town and its inhabitants. This body is especially charged with the power and duty to do any and all things necessary and proper to preserve and protect the health, morals, peace and good order of the said town and its inhabitants. All by-laws, ordinances, rules and regulations now of force in the said town shall continue of force until annulled or repealed by the Mayor and Council, same to stand and remain of force unless in conflict with some provision of this Act. General welfare powers. Sec. 12. Be it further enacted by the authority aforesaid, and it is hereby enacted, That the said corporation created and establish anew under this Act shall succeed to all of the rights, titles, interest and obligations of the corporation under the Acts heretofore forming its charter, and which are superseded by this Act; and the new corporation shall succeed to and hold all property rights, easements and privileges of every kind and character belonging to the corporation succeeded by it; and the corporation created hereby is hereby given full and complete power and right to acquire by purchase, gift or otherwise, and to own, rent, lease, use, sell, improve, manage and handle property, real or personal, as may be or become necessary or proper from time to time for any and all purposes of the corporation. Corporate succession.

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Sec. 13. Be it enacted by the authority aforesaid, and it is hereby enacted, That the Mayor and Councilmen shall, at their first meeting after the first of January of each year, fix the salaries to be received by themselves for the current year, the same not to exceed twenty-five dollars each for the year. Salaries. Sec. 14. Be it enacted by the authority aforesaid, and it is hereby enacted, That the Mayor and Council shall fix by order on their minutes the time and place of their regular meetings and may change the same by order on the minutes at any regular meeting; the Mayor and Council may by by-law provide for the adjournment of regular meetings, and for the calling of special meetings, and provide for the transaction of such business as they see proper at such adjourned or special meetings; the Mayor and two Councilmen shall constitute a quorum at all meetings, and a majority vote of those present shall decide all questions; the Mayor, or in his absence the Mayor pro tem., shall preside at all meetings; the Mayor pro tem. shall be selected by the Mayor and Council at their first meeting after each annual election; in the absence, disqualification, or failure of the Mayor to serve for any reason, the Mayor pro tem. shall act as Mayor and perform all of the duties and exercise all of the powers of Mayor; the presiding officer shall not vote except in case of tie. Meetings of council. Mayor pro tem. Sec. 15. Be it further enacted by the authority aforesaid, and it is hereby enacted, That a police court be, and the same is hereby created for the said municipal corporation to be known and designated as the Mayor's Court, with jurisdiction to try all offenders against the laws, ordinances, rules and regulations of the said corporation, the same to be presided over by the Mayor, or in the absence, disqualification or failure of the Mayor, by the Mayor pro tem., or by any person designated by the Mayor and Council to preside over said court. The Mayor's Court may impose penalties and administer punishments to offenders as may be prescribed by the Mayor and Council, and may enforce the same

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by work upon the streets or other public works of the said town for a period not to exceed thirty days, imprisonment in the jail of the town or in the county jail of Worth County for a term not to exceed thirty days, or by fine not to exceed fifty dollars, any one or more or all in the discretion of the officer imposing the sentence. The Mayor and Council may establish and maintain a chaingang in the said town for the purpose of working those sentenced by the Mayor's Court, same to be maintained in accordance with the policy of the laws of the State of Georgia as to the working of convicts. Mayor's court. Punishments. Chaingang. The Mayor's Court shall be held at such time and place and under such rules and regulations as to pleadings, practice and all other matters as the Mayor and Council may prescribe. The clerk of the Mayor and Council shall be ex-officio clerk of the Mayor's Court and shall issue all processes, summons, writs and the like from the Mayor and Council and from the Mayor's Court, same to bear test in the name of the Mayor or acting officer. The Mayor and Council shall fix by ordinance all fees to be collected by the officers for any and all services rendered by them, and provide for the collection and enforcement of same. All fees, fines, forfeitures and monies of all kinds collected shall be paid into the town treasury, and become a part of the general fund. The Mayor's Court shall have the same powers as to issuing warrants for State offenses, preliminary investigations, commitments, granting bail, and the like as justices of the peace under State laws. The Mayor's Court shall have all of the powers given judges of the Superior Courts, and provided for the Superior Courts, by State laws, to require the attendance of witnesses, the production of evidence, forfeit and enforce recognizance and other obligations, maintain order, punish for contempt, and the like, with reference to all trials and matters coming under its jurisdiction. Mayor's court; powers. Any one dissatisfied with the judgment or sentence of the Mayor's Court shall have the right of appeal from such

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judgment or sentence to the Council, such appeal to be filed in writing with the clerk within four days (exclusive of Sundays) after the date of the judgment or sentence complained of, the practice being substantilly the same as in cases of appeal from the judgment of a justice of the peace to a jury, the costs to be required not to exceed five dollars, and a pauper affidavit may be made in lieu of paying cost. When an appeal has been filed, any three members of the Council, not including the Mayor or officer rendering the judgment or imposing the sentence complained of, may preside; and if not three members qualified, those qualified may appoint any citizen or citizens of the town to act thus making up a court of three qualified persons to hear the appeal, who shall have all of the powers of the Mayor's Court, and conduct a de novo investigation, fix the punishment, and impose sentence, changing the former judgment and sentence in any way they see proper. If dissatisfied with the judgment or sentence on appeal the same may be carrid by writ of certiorari to the Superior Court as is provided for by the laws of the State, and under regulations fixed by the Mayor and Council not inconsistent with State laws on the subject. Appeals. Certiorari. Sec. 16. Be it enacted by the authority aforesaid, and it is hereby enacted, That the Mayor and Council of said town shall have and is hereby given the authority and power to levy and collect an annual ad valorem tax on all of the property and franchises within the corporate limits and jurisdiction of the said municipal corporation for ordinary current expenses at such rate as they see proper from time to time, not to exceed one-half of one per centum of the valuaiton thereof; and also, in addition thereto, such amount from time to time, and at such rate as the Mayor and Council may deem necessary and proper, for extraordinary expenses, such as expenditures for education, for paving and macadamizing streets, providing water, lights, sewerage and other necessary and proper public utilities and the like, the aggregate amount of debts thus contracted by the issue of bounds or otherwise not to exceed the limitation fixed by the

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Constitution of the State of Georgia, and the tax rate from time to time to be fixed so as to meet and pay such extraordinary expenses and debts, principal and interest, according to the amounts and maturities thereof. Tax ad valorem. Sec. 17. Be it further enacted by the authority aforesaid, and it is hereby enacted, That the Mayor and Council shall have, and are hereby given, the power to provide by ordinance for the return and assessment of property for taxation, the forms, dates and methods to conform as nearly as practicable to those provided by law for the return and assessment of taxes for State and county purposes. The clerk of Council to be ex-officio tax receiver to receive all tax returns within the period prescribed by ordinance, and he shall file the same with the tax assessors on or before July 1st of each year. The Mayor and Council shall prior to July 1st of each year appoint by order on the minutes three capable citizens of said town to act as tax assessors for the said town for the year in which they are appointed; the Mayor or Mayor pro tem., may at any time by appointment and order on the minutes fill any and all vacancies on the board of assessors; any citizens of the town shall be eligible to appointment. Assessment and return of property. Tax assessors. The clerk shall, as soon as practicable after the books close for returns each year deliver all returns over to the assessors. The assessors shall meet and the three, or a majority of them acting, proceed to check the returns and make them full and complete, making out returns for property not returned; and shall then canvass all returns and examine into the value at which all property is returned and into the actual values of the property returned, and assess and place a fair and reasonable valuation on all of the same, approving the returns in all cases where the valuations are proper in their judgment, but raising or lowering the valuation shown by the return as to all items where same are not proper in their judgment, and adjusting and equalizing the values so as to as nearly as practicable in their judgment fairly and justly assess and equalize the returns

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so as to make the burden of taxation rest fairly and equitably on all property and franchises subject to taxation. The values where changed by the assessors to be indicated on the returns. In the event the assessors raise the valuation fixed by the return, they shall notify the tax payer of such change by mailing him or her a notice thereof, addressing same to the tax payer at his or her last known address ten days before the hearing thereon, and at the time and place fixed in said notice, the assessors (or a majority of them) shall conduct a hearing and investigation, giving the tax payer ample opportunity to be heard, and shall consider the showing made by him and such counter showing as shall be made on the part of the municipality, and pass judgment thereon, finally fixing the assessed and equalized valuation of such property thus brought into question, entering their judgment upon the return, and their judgment shall be final. Returns. Notice of increase. The assessors shall, after finally concluding their assessment and equalization of the tax returns and entering all changes made by them upon the returns, file same on or before August 1st of the particular year with the clerk and ex-officio tax receiver, who shall proceed to make up and certify the tax digest for the particular year, and file same on or before September 1st as a basis for the levy and collection of taxes for the current year. Tax digest. Sec. 18. Be it enacted by the authority aforesaid, and it is hereby enacted, That the Mayor and Council shall have, and it is hereby given, the power by ordinance to levy and collect special taxes on all businesses and occupations carried on in said town, and upon all corporations, firms and persons, their agents and representatives, this power to be as full as is allowed under the Constitution and laws of the State of Georgia; and also the power to provide by ordinance for the enforcement of same. Special taxes on occupations. Sec. 19. Be it enacted by the authority aforesaid, and it is hereby enacted, That the Mayor and Council shall have, and is hereby given, the authority and power to have surveyed, laid off and platted from time to time such portion

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or the whole of the corporate area of the said town into blocks, lots, streets, alleys, public areas, parks, etc., according to such plans as may be adopted from time to time; and shall have full and complete control and power over any and all of the streets, alleys, parks and public areas of all kinds. The Mayor and Council shall also have, and it is hereby given, the power to open, widen, straighten, extend, alter or close any street, alley, park or public area of the said town, from time to time, as they see proper; and to grade, work, improve, drain, pave and keep in good condition and maintain in all ways as they deem proper the streets, alleys, parks and public areas of all kinds opened and established from time to time. Survey and plat of streets, etc. Control of streets. The Mayor and Council, for the municipal corporation, may acquire the streets, alleys, parks and all other public areas, by gift, lease, purchase, contract, condemnation, or any manner provided by law. For all of the purposes of the said municipal corporation, the Mayor and Council is hereby given the power of eminent domain, and may condemn from time to time any property right, easement, use or benefit, that may in the discretion of the Mayor and Council be needful and proper for any of the purposes of said municipality, the said power to be exercised under and in accordance with sections 5206 to 5246, inclusive, of the Code of Georgia of 1910, the said sections being expressly referred to and adopted for the purpose of this Act, in so far as same may be applied; and the Mayor and Council is hereby given the power to pass and enforce any ordinance that may be necessary and proper for the purpose of carrying out the objects of this section of this Act, not inconsistent with said sections of the Code. Condemnation of property. Sec. 20. Be it enacted by the authority aforesaid, and it is hereby enacted, That all persons residing within the corporate limits of the said town, and who would be subject to road duty and road tax under the laws of Georgia, shall be subject to street duty and street tax, and the Mayor and Council are hereby given the power to provide by ordinance

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the number of days work to be required on the streets each year, same not to exceed fifteen days each year, and to fix a commutation or street tax in lieu of work, not to exceed five dollars per annum per capita. The Mayor and Council are also given the power to provide by ordinance for the enforcement of the work required, or the payment of the tax provided in lieu thereof, same to be done by punishment for violation of the ordinance, or by execution and levy, or both, or in any manner fixed by ordinance. Street tax or work. Sec. 21. Be it further enacted by the authority aforesaid, and it is hereby enacted, That should any taxpayer default in the payment of any tax or taxes levied or assessed against such tax payer or his property under the laws or ordinances of the said town, it shall be the duty of the clerk of the Mayor and Council, who is also hereby made ex-officio tax collector, to issue an execution against such defaulting taxpayer for the amount of taxes due and owing, which executions shall be addressed to the marshal of said town, and may be levied and enforced in the manner of State and county tax executions by the marshal or by the sheriff, deputy sheriff, or any constable of the county in which the property to be levied on is located; all property of the delinquent tax payer shall be subject to such executions as of date March first of the year in which the taxes sought to be enforced were assessed or levied, and shall be a first and prior lien thereon, inferior only to State and county taxes. The Mayor and Council shall by ordinance provide for the opening and closing of the books, for the collection of taxes, the enforcement of executions, and all matters necessary and proper in connection therewith. Tax executions. Levy and sale. Sec. 22. Be it enacted by the authority aforesaid, and it is hereby enacted, That the Mayor and Council shall have, and are hereby given, the authority and power to sell and grant, or contract to another, for the current year, any one or more of the public utility franchises of the said town, and to make and execute contracts with reference thereto; but if the sale or contract is intended to extend beyond the

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current year, before such sale or contract shall become effective and binding, the same shall be ratified and approved by the qualified voters of the said municipality at an election held for that purpose; such election to be called, advertised, held and the result declared, in the manner provided by sections 463 to 467 inclusive, of the Code of Geor-inclusive, of the Code of Georgia of 1910, volume 1, are pose of this section of the Act. Public utility franchises. Popular election. Sec. 23. Be it further enacted by the authority aforesaid, and it is hereby enacted, That the Mayor and Council shall have, and are hereby granted, the authority and power, should they so determine and prefer, to establish, own and maintain on the part of and for said town, for its own purposes, and for the purpose of its inhabitants, drainages, water works, electric lights, telephones and any and all other public and quasi-public utilities and conveniences or any one or more of the same, the Mayor and Council to have the full and unrestricted power to determine the question as to whether any proposition to grant any public utility franchise to another shall be adopted or submitted at an election, or shall be established and maintained by and on the part of the municipal corporation, for its own purposes, and to serve its inhabitants and the public for such compensation and upon such terms as the Mayor and Council may from time to time determine. Ownership of public utilities. Sec. 24. Be it enacted by the authority aforesaid, and it is hereby enacted, That the Mayor and Council shall have, and are hereby, granted the right and power, in their discretion and as they may determine, to issue and sell bonds of the said municipal corporation in and for such amount or amounts as they may determine from time to time, for the purpose of establishing and maintaining for the said corporation for its own purposes and to serve its inhabitants, and the public for compensation, or on such terms as they may from time to time determine, a system of surface and sanitary sewerage and drainage, water works, electric lights, telephones and any andall other public and quasi-public

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utilities, necessities and conveniences, or any one or more of the same, and for the purpose hereof, sections 440 to 444, inclusive, of the Code of Georgia of 1910, volume 1, are hereby expressly referred to and adopted for the manner of calling, advertising and holding any and all elections hereunder and for declaring the results thereof and other matters covered thereby, the same to be followed in all respects, except that the Act approved August 20, 1918, (Georgia Laws, 1918, pages 99, 102) and thereafter in regular course confirmed and adopted, the same providing an amendment to the Constitution of Georgia (paragraph 1, section 7, article 7, of the Constitution of Georgia, as amended by said Act), shall govern, as to the number of votes required to determine the result and authorize any one or more of the issue of bonds proposed hereunder; and, provided, that the aggregate of all bonds issued hereunder for all of said purposes shall not exceed the limitations fixed by said section of the Constitution; and, provided further, that any and all bonds issued hereunder shall be within the time limit of thirty years as to maturities; and before the issue thereof provision for the assessment, levy and collection of an annual tax sufficient to pay principal and interest of the bonds issued within the limits fixed by the terms of issue shall be made. Bond issues for sewers, water, lights, etc. Elections. Sec. 25. Be it further enacted by the authority aforesaid, and it is hereby enacted, That the Mayor and Council shall have and are hereby given, in addition to the general and special powers hereinbefore enumerated, the following powers: Added powers. 1. To regulate the location and maintenance of all closets, privies, soil pipes, private drains, sewers, and the like, to condemn and discontinue any such as may not comply with regulations, and do any and all acts in this regard necessary and proper for the preservation and protection of the health and comfort of the inhabitants of the town. Sanitary regulations. 2. To regulate the location and maintenance of livery stables, horse lots, cattle pens, butcher pens, butcher shops,

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markets of all kinds, fish stands, restaurants, hotels and all public or private places or business affecting the health and comfort of the inhabitants of the town. Regulation of occupations. 3. To regulate and in their discretion to prohibit, the running at large of dogs, horses, mules, cattle, hogs, and any and all other animals, provide for impounding the same, selling the same, and doing any and all other things in their judgment necessary and proper in this regard. Impounding of animals. 4. To define nuisances, regulate and abate same; to provide the procedure for the trial and abatement of nuisances; to provide for the expense of abating nuisances to be charged and enforced against the person, persons or corporation causing or maintaining the same or on whose premises the same may be located or allowed. Nuisances. 5. To provide and enforce quarantine and health regulations as to people and animals; and exercise all necessary and proper powers in commandering, condemning, confiscating and destroying private property in connection with and pursuant to the carrying out and enforcement of such regulations. Quarantine and health regulations. Sec. 26. Be it enacted by the authority aforesaid, and it is hereby enacted, That the Acts of the General Assembly of Georgia approved August 22, 1905 (Acts 1905, pages 1228, 1233) and August 10, 1921, (Acts 1921, pages 1145, 1163), now constituting the charter of said Town of Warwick be, and they are, hereby superseded and repealed by this Act; and that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Acts of 1905 and 1921 repealed. Approved August 8, 1922.

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WASHINGTON SCHOOL TAX. No. 390. An Act to amend and change the charter of the City of Washington, in the County of Wilkes, approved December 8, 1894, and amended July 4, 1920, so far as the same relates to the levying and collecting a tax on property within 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, and amended July 4, 1920, and to repeal all conflicting laws, and for other purposes. Section 1. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Act recited in the caption hereof be amended in paragraph three thereof, by striking out the words one-half and inserting in lieu thereof the words eight-tenths, so that when amended, the same shall read as follows: Act of 1920 amended. Sec. 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 the 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 eight-tenths of one per cent per annum upon said taxable property. Sec. 3 to be read. School-tax rate. Sec. 2. Be it further enacted, That this Act shall not become operative until ten days after the same shall have been submitted to the voters of said town at an election which shall be called by the Mayor and Council of the City of Washington, said election to be held on the 21st day of August, 1922, at which election those persons qualified to vote for municipal officers in said city shall be entitled to vote, when those persons in favor of this Act shall have written or printed on their ballots For increase of school tax and those persons opposed to this Act shall have written or printed on their ballots Against increase of school tax, and the managers at such election shall make their

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returns to the Mayor and Council of Washington as returns are made of municipal election in said city. A majority vote of those voting at said election shall be sufficient to put the terms of this Act in force. Referred to popular vote. Ballots. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with the Act be, and the same are hereby repealed. Approved August 11, 1922. WASHINGTON TERRITORIAL LIMITS EXTENDED. No. 297. An Act to amend the charter of the City of Washington so as to extend the corporate limits of the said City of Washington, 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 twelve o'clock midnight December 31, 1922, the corporate limits of the City of Washington shall be extended as follows: Beginning at a point on the western boundary of the City of Washington where the corporate limits of said city intersect Lexington Avenue, running thence north 3 degrees east 840 feet to a point on M. C. Pope's land; thence along said land south 60 degrees west eleven hundred fifty (1150) feet to a point on the Lexington road; thence across said road along land of Mrs. C. G. Pignatel south 15 degrees east 3140 feet; thence along the western boundary of the present city limits 2760 feet running north 3 degrees east to the beginning point on Lexington Avenue. Territorial limits extended. Said addition to said city containing forty (40) acres, more or less.

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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 24, 1922. WAYCROSS CHARTER AMENDED. No. 471. An Act to amend the charter of the City of Waycross, approved August 17, 1909, as amended by the several subsequent Acts; to provide for a form of government in said city composed of Commissioners and a City Manager, in lieu of the present form of government by Mayor and Alderman, and to declare the rights and powers of said government; to abolish the office of Mayor and Alderman as constituted under the present charter, and certain other officers in said city; to amend or repeal such sections of the charter as may be deemed necessary to carry into effect the said Commissioner-City Manager form of government; to provide the method of election of said Commissioners and the City Manager, and other officers and employees of said City of Waycross, and for their recall or removal from office in certain instances; to provide a permanent registration list for the qualified voters of said City of Waycross, and the qualifications of such voters; to provide the qualifications of the City Manager and the Commissioners, and other officers and employees of said city; to provide for pensions for certain employees in certain cases; and for other purposes. Be it, and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the approval of this Act, and on and after January 1st, 1923, that: Section 1. The inhabitants of the City of Waycross, Georgia, as its limits now are, or may be hereafter established, shall continue to be a body politic and corporate to be known and designated as the City of Waycross, and the

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corporate existence, identity, present territorial limits and jurisdiction of the City of Waycross, both within and beyond the territorial limits of said city, with all the corporate rights, powers and privileges conferred, and all duties, obligations and liabilities imposed by law shall be preserved unto said city, except as altered or amended by this Act and as such body politic said city shall have perpetual succession, may sue and be sued, contract and be contracted with, have a corporate seal, and make, alter, and amend rules, regulations, by-laws, resolutions and ordinances for its government and the exercise of its corporate powers, not in conflict with this Act, the Constitution and laws of Georgia, and of the United States of America. Corporate existence continued. General powers. Sec. 2. Said City of Waycross shall have and exercise all powers which it now possesses and enjoys, and not inconsistent with or in conflict with the powers herein expressed, and also all such general powers as may be possessed and enjoyed by cities under the Constitution and laws of Georgia. Sec. 3. Wards and ward lines, so far as they are at present constituted as political subdivisions of the City of Waycross are abolished. Ward lines. Sec. 4. The present form of government of the City of Waycross by a Mayor and a board of Aldermen is hereby abolished, and the offices of Mayor and Aldermen and such other offices existing under the present form of government as may be inconsistent with the provisions of this Act, and otherwise provided for therein, shall be abolished. The Board of Education, the Park and Tree Commission, and the office of the City Recorder shall continue to exist, with the same powers and duties, and with the same methods of election, as provided by the present charter, except as same may be changed herein. Offices abolished. Offices continued. Sec. 5. There is hereby created a Commission, which shall have full power and authority, except as herein otherwise provided, to exercise all of the powers conferred upon

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the city, and except as otherwise prescribed by this Act, or by the general laws or the Constitution of Georgia, the Commission shall have and possess and shall exercise, subject to the terms and provisions of this Act, all the authority and powers, executive, administrative, legislative and judicial, now had, possessed and exercised by the Mayor and Board of Aldermen under the existing charter, and the Commission may, subject to the provisions of this Act, by ordinances or resolutions, prescribe the manner in which any power of the city shall be exercised. Commission created. Sec. 6. The Commission shall consist of five members who shall be elected on a general ticket at large, and shall serve for a term of four years from the first Monday in January in each year next following the date of their election and until their successors shall have been duly elected and qualified; provided, however, that they shall be subject to recall in accordance with the provisions of this charter. However, for the term beginning January 1, 1923, and ending January 1, 1924, or as soon thereafter as their successors shall have been elected and duly qualified, the Commission shall consist of the following members: Dan T. Cowart, L. J. Smith, C. V. Stanton, W. M. Taylor, and Dr. J. L. Walker. Elections and terms of office. Members named for a year. Sec. 7. Each member of said Commission for at least two years immediately prior to his or her election, shall have been a qualified voter of the City of Waycross, and shall during his or her term of office continue to be a resident of the City of Waycross and a qualified voter thereof, and shall be at least twenty-five years of age. No person holding the office of Commissioner shall hold any other public office or employment, except that of notary public or member of the State Militia. Eligibility. No person shall be eligible to be voted on for the office of Commissioner at any election unless a nominating petition signed by at least fifty persons whose names shall appear on the last registration list of said city, and who are qualified voters of said city, shall be filed with the city clerk at least

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ten days before the election. Qualified voters may sign as many as five nominating petitions, but no more. Nomination. No candidate shall expend or promise any money, employment, or other thing of value in order to secure a nomination or election. No candidate shall be guilty of any fraud, or a breach of the election laws of the State of Georgia, and of the City of Waycross, as they are at present or may hereafter be constituted. Promises and fraud made penal. A violation of these provisions, or any of them, shall disqualify a candidate from holding office, if elected, and the person receiving the next highest number of votes, who has observed the foregoing conditions shall be entitled to the office. Sec. 8. Any vacancy occurring or existing in the City Commission, except as otherwise provided in this Act, shall be filled by an election by the remaining members of the Commission, at least three members participating in the election. The Commissioner so elected shall hold office for and during the unexpired term of the member whom he succeeds. If by reason of resignation, death, failure to elect, or other circumstances, three or more vacancies exist or occur at the same time in said Commission, then the Governor of Georgia is hereby authorized and directed to make such number of appointment as may be necessary to constitute a City Commission of three qualified members, which three qualified members shall at once proceed to fill the remaining vacancies as hereinbefore provided. Such appointees of the Governor shall fill out the unexpired terms of the Commissioners whom they may succeed in the office. In the event that the said City Commission shall fail to fill the vacancies existing in its membership, as herein provided, within ten days after such vacancies occur, then the Governor of Georgia is hereby authorized and directed to fill such vacancies existing in said Commission by appointment of members to fill the existing vacancies. The power of election of members by the Commission and appointment by the Governor

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shall not exist in cases where recall petitions have been filed. Vacancy in commission, how filled. Sec. 9. Compensation of members of the Commission shall be fixed by resolution of the Commission immediately after their qualification, but shall not exceed two hundred dollars per annum for each Commissioner and three hundred dollars per annum for the Mayor. During the year 1923, the Commissioners shall receive the compensation now paid to Aldermen of said city, and the Mayor shall receive the salary now paid to him as Mayor. Compensation. Sec. 10. The City Commission shall at the time of organization, after the year 1923, elect one of its members as Mayor for the term of one year. In the event that the members of said Commission are unable to agree, within five days from the time fixed for their organization, upon a Mayor of said Commission, then a Mayor shall be elected from all the members of said Commission by lot, conducted by the city attorney, who shall certify the result of such election upon the journal of the Commission. For the term beginning January 1, 1923, and ending December 31, 1924, Dan T. Cowart is hereby constituted and appointed Mayor subject to the recall provisions of this Act. Mayor. Hereby appointed for a year. Sec. 11. The Mayor shall preside at all meetings of the Commission, and to perform such other duties consistent with the office as may be directed by the Commission; and shall have a voice and vote in all the proceedings of the Commission, but no veto power. The Mayor may use the title of Mayor in any case in which the execution of legal instruments of writing or other necessity arising where the general laws of the State, or the provisions of the present charter of the City of Waycross, not conflicting with this Act, so require. This shall not, however, be construed to confer upon the Mayor the usual administrative or judicial functions of a Mayor under the general laws of this State, which by the terms of this Act are vested in other officials. In case of absence, death, or disability from any cause, the Mayor shall be unable to act, then any other Commissioner

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designated by the remaining members of the City Commission may discharge the duties and functions of the Mayor. The Mayor of the city shall be recognized as the official head of the city by the courts for the purpose of serving civil process, by the Governor for the purpose of military law, and for all ceremonial purposes. In time of danger or emergency, the Mayor may, with the consent of the Commission, take command of the police and govern the city by proclamation and maintain order and enforce laws. Mayor's duties and powers. Sec. 12. Except for the purpose of inquiry, the Commission and its members shall deal with the administrative service through the City Manager, and neither the Commission nor any member thereof shall give orders or instructions to any of the subordinates of the City Manager either publicly or privately. City manager. Sec. 13. All appointments and elections by the Commission shall be viva voce and this vote recorded in the journal of the Commission. The Commission may determine its own rules of procedure, may punish its members for misconduct, and may compel attendance of its members in such manner and under such penalties as may be prescribed by the Commission. It shall keep a journal of its proceedings. A majority of all the members of the Commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. The affirmative vote of at least three members of the Commission shall be necessary for the election of any officer, or the removal of any officer, or the passage of any ordinance or resolution. Upon request of any Commissioner, the votes of all Commissioners upon any question shall be recorded upon the journal. No person elected to the Commission shall, during the term for which said person was elected, be elected to any other position or office of trust or profit under the city government. Except as changed or modified by the terms of this Act, all rules of procedure now in force with reference to the handling of business and passage of ordinances by the Mayor and Council

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under the present charter, shall continue of force until changed or modified by the Commission. Procedure by commission. Sec. 14. The Commission on and after January 1, 1924, shall elect a City Manager, at its first regular meeting after assuming office and organizing. This officer shall be elected for an indefinite term, and be subject to removal at any time by majority vote of the Commission. His term of office shall expire, however, with the expiration of the term of office of the Commission which elected him. Election of city manager. Sec. 15. On the first Tuesday in January in each year next following the regular municipal election at which the Commissioners are elected, the Commission shall meet at the usual place for holding meetings at the legislative body of the city, at which time the newly elected Commissioners shall assume the duties of their office. Thereafter the Commission shall meet at such time as may be prescribed by ordinance or resolution; provided, that it shall hold at least two regular meetings each month. The Mayor of the Commission, any member thereof, or the City Manager, may call special meetings of the Commission at any time upon at least twelve hours written notice to each member, served personally or left at the usual place of business or residence of such Commissioner; or such meetings may be held at any time without notice provided all members of the Commission attend. Meetings of commission. All meetings of the Commission shall be public and any citizen may have access to the minutes and records thereof at all reasonable times. Sec. 16. Absence of any member of said Commission from four consecutive regular meetings thereof shall operate to vacate the seat of said Commissioner so absent, unless the absence is excused for legitimate cause by the Commission by resolution setting forth the reason thereof and entered upon the journal. Absences. Sec. 17. All ordinances and resolutions shall be passed under the same rules and regulations now of force under the

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present charter of the City of Waycross, except as same may be changed or modified by the terms of this Act, or may be hereafter changed or modified by the Commission. Ordinances and resolutions. The ayes and nayes shall be taken upon the passage of all ordinances and resolutions, and shall be entered on the journal of the Commission and every ordinance and resolution shall require on final passage the affirmative vote of at least three members of said Commission. Votes. No member shall be excused from voting except on matters involving the consideration of the official conduct of such member or when the financial interests of such member are involved. Sec. 18. The City Manager shall be the administrative head of the city government. Such Manager shall be chosen without regard to political beliefs, and solely upon the basis of the executive and administrative ability of such person. He shall be a competent business man of good character and recognized ability. A choice shall not be limited to inhabitants of the city or State, and shall not be less than 25 nor more than 55 years of age at the time of his first election. City manager's qualifications. The compensation of the City Manager shall be fixed by ordinance passed by the Commission, but shall not exceed the sum of five thousand dollars per year. The City Commission may fix the salary of the City Manager at its first meeting for a period of thirty days until the ordinance fixing his salary can be and is legally passed. Salary. The City Manager shall be appointed for an indefinite period and shall serve at the pleasure of the Commission, subject to removal by them at any time. During the absence or disability of the City Manager, the Commission shall designate some properly qualified person to discharge his duties. No definite term of office. Sec. 19. The City Manager must devote all of his working time and attention to the affairs of the city, and shall be directly responsible to the Commission for the efficient and

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businesslike administration of all the affairs of the city. He shall give bond for the faithful performance of his duties in some bonding company to be approved by the Commission in such amount as the Commission may deem best. The premiums on said bond shall be paid by the city. The City Manager shall have power and it shall be his duty: Duties and bond. (a) To see that all laws and ordinances of the city are enforced. Specified duties. (b) To appoint the heads of all the departments of the city government, subject to the confirmation of the Commission except those whose election is specifically vested in said Commission to appoint and employ, with the advice of the heads of the several departments of the city government, all other necessary employed of the city. The power to appoint the necessary employees of the city shall be vested in the City Manager, but he shall advise with the heads of the several departments in making such appointments. Appointments. (c) To remove the heads of the departments appointed by him without the consent of the Commission, but he shall be required to state in writing to the Commission the reason and causes for such removal; to remove all other city employees appointed by him without assigning reason to the Commission. In removing subordinate employees, the City Manager shall confer with the head of the department under whom the said employee works, and shall so far as possible act through said department head, but the final power to remove shall be vested in the City Manager. Removals. (d) To exercise supervision and control of all departments and divisions created herein, or that may be hereafter created by the Commission, except as otherwise provided in this Act. Nothing herein shall be construed to vest any power of control or supervision in the City Manager over those departments of the city government not included in this Act, among which are the Board of Education and the Park and Tree Commission and the Sinking Fund Commission, except such powers of supervision as is exercised by

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the Mayor and Board of Aldermen under the present charter. Control and supervision. (e) To attend all meetings of the Commission, with the right to take part in the discussion, but having no vote. The City Manager shall have right to notice of all special meetings of the Commission. Attendance on meetings. (f) To recommend to the Commission the adoption of such measures as he may deem necessary or expedient. Recommendations. (g) To see that all the terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violations thereof call the same to the attention of the city attorney, whose duty it shall be to forthwith take such steps as may be necessary to protect and enforce the same. Public-utility franchises. (h) To make and execute all lawful contracts on behalf of the city with the approval of the Commission, except such as may otherwise be provided by law, or by ordinance passed by the Commission. No contract, purchase or obligation involving more than one hundred dollars shall be binding until and after approval by the Commission. Contracts. (i) To act as Budget Commissioner and as such to prepare and submit to the Commission prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reason for such estimated expenditures, and also the estimated revenues for said year. Budget. (j) To keep the Commission at all times fully advised as to the financial condition and the needs of the city. Finances. (k) To 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. A synopsis of such reports may, in the discretion of the Commission, be published each month. Reports monthly.

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(l) To fix all salaries and compensation of department heads, and all other city employees, not otherwise provided for in this Act, subject to the supervisions, control, or disapproval of the Commission. Salaries. (m) To perform all such other duties as may be prescribed by this Act or required of the City Manager by ordinance or regulation of the Commission. Other duties. (n) To act as the executive and administrative head of the city government in all its affairs. Administration. (o) To act as ex-officio member of the Board of Education instead of the Mayor, as provided by the present charter. Board of education. Sec. 20. The business affairs of the City of Waycross and the administration of the same are hereby divided into the following departments: Departments. (a) Police Department, which shall have control of the patrolmen, policemen, watchmen and other officers and employees constituting the police force of the city. Police. (b) Fire Department, which shall have control of the firemen and other officers, and employees constituting the fire force of the city. Fire. (c) Department of Public Works, which shall have control of the streets, lanes, culverts, bridges, trash and sanitary carts, and the public property of the city, and of all public works, and of the officers and employees engaged and employed in said department. Public works. (d) Waterworks Department, which shall have charge of the waterworks of the said city, and of the water mains, sewers and drains and other property in connection therewith, and of the officers and employees engaged and employed by said department. Waterworks. (e) Health Department, which shall have control of the sanitary inspection of the city insolation and quarantine matters, abatement and suppression of nuisance, inspection

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of meats and slaughter pens, butter shops, dairies, dairy products, foods, food stuffs, fruits, vegetables, etc., as well as stores, shops and other places where foods, meats, provisions, etc., are stored, and also of other sanitary matters and vital statistics, as well as of the officers and employees engaged and employed in said department. Health. (f) Department of Finance, which shall include the office of city clerk and which shall have control of the keeping and supervision of the books, records and accounts of the city, the preparation and keeping of the tax digest of the city, and the collection of taxes and other monies due the city, the issuing of license and the collection of license fees, the collection of assessments and other financial matters and affairs of the city and also of the officers and employees engaged and employed in said departments. The city clerk shall be head of this department. Finance. Sec. 21. The Commission may by ordinances add any additional functions and duties to any of the above departments and may create new and additional departments, and may combine any of the departments above named and the duties and functions thereof; and may change any powers, duties and functions of any of the departments to another department, and may create such officers in any of the departments as may be deemed necessary, and shall make such rules and regulations in regard to the said departments as may be deemed wise and expedient for the ecomonies and efficient administration of the affairs of the city. Additions and changes. Sec. 22. The City Commission shall appoint, elect and fix the compensation of a city attorney, a city clerk, and a city physician, and also the Sinking Fund Commission. These officers shall be elected by the Commission at its organization meeting, or as soon thereafter as possible, and shall hold office for the term of one year, subject to removal at any time at the pleasure of the Commission, except the Sinking Fund Commission, which shall hold office and be selected as provided in the present charter. These officers shall continue to perform the duties provided by the present

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charter and ordinances the same shall be changed by the Commission. Attorney, clerk, physician, sinking-fund commission. The Commission may in its discretion confer upon the regularly elected Recorder of the City of Waycross such duties of the city attorney as he may be qualified to perform and secure the services of other attorneys when needed in matters where the Recorder by reason of his office is disqualified. In the event that the duties of city attorney are conferred upon the Recorder, he may be paid a reasonable compensation in addition to his salary as Recorder, to be fixed by the City Commission. Recorder as city attorney. The Commission may in its discretion combine the duties of any two or more offices. In cases where the duties of two or more officers are now combined under the existing charter and ordinances in one officer, that officer shall continue to exercise the duties conferred upon him, until a change is made by the Commission. The city clerk shall continue to exercise the various duties conferred upon him by the present charter and ordinances, except as changed by this Act until the same shall be changed by the Commission. Duties of officers. Sec. 23. The City Manager shall be the purchasing agent for the city, by whom all purchases and all contracts for printing and supplies shall be made, subject to the approval of the Commission. All contracts or agreements made by him requiring the expenditures of money to the amount of one hundred dollars or more shall be first approved by the City Commission. He shall approve all vouchers and transmit the same to the Commission for their approval. He shall submit an itemized statement of all contracts and purchases involving less than one hundred dollars to the Commission at the first regular meeting after said purchase is made or said contract signed. Purchases. Contracts. In the capacity of purchasing agent he shall conduct all sales of personal property which the Commission may authorize to be sold and which have become unnecessary or unfit for the city's use. Sales and purchases.

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All purchases and sales shall conform to such rules and regulations as the City Commission may from time to time prescribe. In all cases where an amount in excess of one hundred dollars is involved, opportunity for competitive bidding shall be given, after due advertisement thereof in manner to be prescribed by the Commission. Sec. 24. No member of the City Commission, the City Manager, or any other officer or employee of the city shall directly or indirectly be interested in any contract job, work or service with or for the city, nor in the profits of emoluments thereof, nor in the expenditure of any money on the part of the city other than the fixed compensation of such officer, and any contract with the city in which any such officer or employee is or become interested may be declared void by the Commission. Personal interest forbidden. Sec. 25. No member of the City Commission, the City Manager, or other officer or employee of the city, shall knowingly accept any gift, frank, free ticket, or pass from any person, firm or corporation operating a public utility or engaged in a business of a public nature within the city, or from any person known to be endeavoring to secure contract with the city. But this provision shall not apply to the transportation of policeman or fireman in uniform or wearing their official badges, nor to admission of policemen in uniform to places of public amusement for the purpose of enforcing the laws or making inspections. Gratuities forbidden. Exception as to policemen. Neither the City Manager, nor any person in the employ of the city shall take any part in securing, or contribute any work or efforts or money towards the nomination or election of any candidates for the office of Commissioner, except to answer such direct questions as may be asked him and which he desires to answer. Nor shall any city employee take any part whatever in securing the election of a City Manager by the City Commission by the use of influence or effort of any kind. Contributions and efforts forbidden.

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Sec. 26. A violation of the last two preceding sections shall subject the offender to removal from office. Penalty. Sec. 27. All administrative and judicial offices and departments of the city in existence upon the passage of this Act, shall unless otherwise provided by this Act, continue until otherwise provided by the Commission. Offices continued. Sec. 28. All laws and ordinances of the City of Waycross, and all rules and regulations regarding the administration of the affairs of the city now of force, and not inconsistent with the terms of or changed by this Act, shall be and remain of full force and effect, until legally changed by the Commission. Laws and ordinances continued. Sec. 29. All vested rights of the city shall continue to be vested and shall not in any manner be affected by the adoption of this Act; nor shall any right or liability or pending suit or prosecution either in behalf of or against the city be in any manner affected by the adoption of this Act unless otherwise especially provided in this Act. vested rights not affected. All contracts entered into by the city or for its benefit prior to the taking effect of this Act shall continue in full force and effect. The public work begun prior to the taking effect of this Act shall be continued and perfected hereunder. Contracts of force. Sec. 30. Before entering into the discharge of the duties, each of said Commissioners shall take and subscribe before some officer authorized to administer oaths, 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 Waycross 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 Waycross, the Constitution and laws of the State of Georgia, and of the United States; that I do further swear that I have not either in the general election or in the party primary in which I was a candidate directly

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or indirectly, expressed or implied my promise of support to any person for any office in the city government of the City of Waycross, nor have I influenced my election by the unlawful use of money, or other things of value, or of intoxicating liquors, or otherwise knowingly violated the election laws of the State of Georgia and of the City of Waycross. I do further swear that I will not knowingly permit my vote, in the election or appointment of any person to an office in the city government or on the passage or adoption of any ordinance or resolution by the City Commission, to be influenced by fear, favor, affection, reward or the hope thereof, but that in all things pertaining to said office, I will be wholly governed by my convictions as to the public good. So help me God. Commissioner's oath of office. Sec. 31. The Commission herein created, or any committee thereof, shall have power at any time to investigate the affairs of any department of the city government, or the conduct of any officer or employee thereof; and for such purpose shall have the power to compel the attendance of witnesses, and the production of books, papers and other documents; and for that purpose shall have the power to issue subpoenas, which shall be signed by the Mayor, or members of the Commission making such investigation. The authority making such investigation shall also have power to cause the testimony to be given under oath. Investigations. Powers. Evidence. If any person so subpoenaed shall fail or refuse to answer questions propounded, or shall fail or refuse to produce any such books, papers or records, such persons shall be cited by the Commission, or committee thereof conducting the investigation, to appear before the Ordinary of the county, who shall hear in a summary way the reasons and excuses of such person for such failure or refusal, and the Ordinary shall have power to impose such punishment as for a contempt as he may see proper, not to exceed a fine of one hundred dollars or imprisonment not to exceed ten days, or both in the discretion of the court. Contempts.

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Sec. 32. The books and records of the city shall be audited by a competent auditor or accountant at least once each six months. The Commission may in its discretion provide for such additional audits as it may deem best. Written reports of their findings shall be submitted to the Commission by the auditors or accountants. The expenses of the accountant or auditor shall be paid out of the city funds. Audits. Sec. 33. The present method of assessing property of said city for taxation and of levying and collecting the taxes thereof, and all other revenues of the city, shall, until changed by the Commission, remain of force and effect. All executions issued in the name of the City of Waycross, and directed to the city marshal. Taxation. Sec. 34. The enacting clause of all ordinances passed by the Commsson shall be Be it ordained by the Commission of the City of Waycross. Ordinances. Sec. 35. The Commission shall administer the affairs of the city a budget system. At the beginning of each fiscal year the City Manager shall prepare and submit to the Commission for its approval a budget of estimated expenses of each department, and the reasons therefor, and of the estimated resources of the city. The Commission shall make such changes as it deems necessary and proper in said budget, and then adopt same for the guidance of the city Manager and itself in the financial affairs of the city. The City Manager must present good and valid reason to the Commission before exceeding the amount allotted to any department, and shall not exceed the allotment of any department without express approval of the Commission. The funds allotted to one department, shall not be diverted or used in any other department without express consent and approval of the Commission, with good reason shown therefor. Budget. Sec. 36. Any or all members of the City Commission may be removed from office by the qualified voters by the following

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procedure: A petition for the recall of the Commissioner, or Commissioners, designated, signed by at least five per cent. of the qualified voters of the city, as shown by the official registration list filed for the general election last held, and containing a statement in not more than two hundred words of the grounds of the recall, shall be filed with the city clerk, who shall forthwith notify the Commissioner or Commissioners sought to be removed, and he or they within five days after such notice may file with the clerk a defensive statement of not more than 200 words. The clerk shall at once upon the expiration of said five days cause three printed or typewritten copies of such petition, without the signatures, to be made, and to each of them shall attach a printed or typewritten copy of such defensive statement, if one be furnished him in the time provided. He shall cause the copies of such petition to be placed on file in his office, and provide facilities for signing same by voters who may desire to sign. The city clerk shall then immediately cause notice to be published in the newspaper in said city in which the legal advertisements of the city are placed of the placing of such copies of such petition in his office. Such copies of such petition shall remain of file in the office of the city clerk for a period of 30 days, during which time any of them may be signed by a qualified voter. Each signer of such petition shall sign his name thereto in ink or indelible pencil, and shall sign his name in person, and not by agent or attorney, and in the presence of the city clerk, and shall place thereafter his residence by street and number. Removal from office. Recall election. Petition and notice. (b) At the expiration of said period of 30 days, the city clerk shall assemble the three copies in his office as one instrument, and shall certify thereon that the signatures appearing on said petitions were signed in person by the voters whose names appear thereon at his office and in his presence. He shall examine the same and ascertain and certify whether the signatures thereon amount to at least (25) twenty-five per cent. of the registered voters as shown by the official registration list for the general election last held. If such signatures amount to such per cent. he shall

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at once serve notice of the fact upon the Commissioner or Commissioners designated in the petition and also deliver to the Commission a copy of the original petition with his certificate as to the percentage of qualified voters who signed same, and a certificate as to the date of his last mentioned notice to the Commissioner or Commissioners designated in the petition. Certificate. Notice. (c) If the Commissioner or Commissioners designated in said petition or any of them, file with the city clerk within five days after the last mentioned notice from the city clerk, a written resignation from office, the clerk shall at once notify the Commission of that fact, and such resignation shall be irrevocable. In the absence of any such resignation, the Commission shall forthwith order and fix a day for holding a recall election for the removal of those not resigning. In the event that the recall petition require at the same time a recall election for more than two of the Commissioners, then such recall election shall be ordered by the city clerk and he shall fix a day for holding such election and shall have and exercise all authority and power relative to holding and conducting such election as would otherwise be possessed by the Commission. Any such election shall be held not less than 30 nor more than 60 days after the expiration of the period of five days last mentioned, and shall be a special election called for the purpose unless there be some general or special election during said period, when said recall may be voted upon. Resignation. Recall election. (d) The ballots at such 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 City Commissioner by recall? Immediately following such question there shall be reprinted on the ballots the two propositions in the order here set forth: Ballots. For the recall of..... (name of person). Against the recall of..... (name of person).

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(e) In any such election, if a majority of the votes cast on the question of removal of any Commissioner is affirmative, the person whose removal is sought shall thereupon be deemed removed from office upon the announcement of the official return of that election, a special election shall thereupon be called by the Commission, if not more than two Commissioners are removed and by the city clerk if more than two Commissioners are removed, to fill the existing vacancies in the Commission. Said election shall be held under the same rules and regulations for the holding of special elections, until such time as the Commission shall by proper ordinance provide a method for holding such elections. The candidate or candidates receiving highest number of votes shall be declared elected to fill the existing vacancies. The successful candidate shall fill out the unexpired terms of the Commissioners whom they succeed. Election to fill vacancies. (g) No proceedings for the recall of all of the City Commissioners at the same election shall be defeated in whole or in part by the resignation of any or all of them, but upon the resignation of any or all of them, after a recall petition shall have been filed against the person or persons resigning, an election shall be held to elect the successors to the person who resigned. The recall election shall proceed as to the other Commissioners against whom it is directed if all do not resign, and in the event that they are recalled, and election shall be held as hereinbefore provided to select their successors. In all cases where a Commissioner is recalled by the method herein provided, or shall resign after a recall petition has been filed against him, his successor shall be elected by the voters of the city, and not by the Commission. Proceeding not defeated by resignations. (h) No petition to recall any Commissioner shall be filed within three months after he takes office. No person removed by recall, or who resigns after a recall petition is filed against him, shall be eligible to be elected or appointed upon the Commission until after the expiration of the term for which he was originally elected, and from which he was removed by recall or resignation after recall petition. Petition; when filed.

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The method of removal herein provided is cumulative of such other methods as will, are, or may be provided by law. Method of removal cumulative. (i) No person shall falsely impersonate another or purposely write his name or residence falsely in the signing of any petition for recall, or forge any name thereto, or sign any such paper with the knowledge that he is not a qualified voter of the city, qualified at the time of signing to vote, nothing to the contrary thereafter intervening, at the next and ensuing genreal election for Commission. No person shall sign, or knowingly permit to be signed, any petition for recall at any place other than the place hereinbefore designated for the signing of such petitions; nor shall any person employ or pay another, or accept employment or payment, for circulating any recall petition upon the basis of the number of signatures procured thereto. Any person violating any of the provisions of this paragraph of this Act shall be guilty of a misdemeanor, and shall upon conviction therefor be punished as provided in section 1065 of the Criminal Code of the State of Georgia. Penalty for specified acts. Sec. 37. The city clerk shall open the voters book of the City of Waycross for the registration of voters for elections to be held after the passage of this Act, under the terms and provisions as to registration of voters now of force in the City of Waycross. Beginning with the registration of voters for the election of the first Commissioners, the names of all such voters who shall finally be placed on the registration or voters list for said election, shall be placed on a permanent registration list for said city by the city clerk, and the names of other voters whose names shall appear on registration of voters for other city elections, or who shall register from time to time, shall be added to said permanent registration list by the city clerk, after each such election, or after registration. 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 to be entitled to vote at any city election, as long as he shall otherwise be entitled to vote, shall be placed on the registration

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or voter's list for all city elections. Howeever, 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 preson whose name appears thereof shall have become disqualified since his name has been 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 the notice the day and time when he may be heard, and if by said day said disqualification shall not be removed, or if upon hearing it shall appear that he is disqualified, then his name shall be stricken from said registration list. The qualification of voters shall be and remain the same as now provided by the charter of the City of Waycross, and the laws of the State of Georgia. Except as herein changed, the registration of voters in said city, and the rules and regulations as to opening the registration books, and as to purging the voter's lists and as to appointment of registrars, shall until otherwise provided by the Commission be and remain the same as now in force in the City of Waycross until a permanent registration list of voters is compiled as herein provided, the registration list for the last general city election shall be the registration list for all purposes of this Act. Registration of voters. Permanent list. Names stricken. Voters qualified. Laws of force. Sec. 38. The Commission shall have the power and right and shall provide a pension for any member of the police force or any firemen in said city who shall have remained continuously in the employ of said city in said capacity for as long a period as twenty-five (25) years, and who shall have become unable to perform his duties and broken in health, and is in such circumstances, as in the opinion of the Commission need and deserve compensation. Such pension shall not exceed one-half the regular salary of such officer, and may be discontinued by the Commission at any time in its discretion. The Commission shall also have power and authority to pay to the widow and orphan children, or to the orphan children or to the widow, of any policeman or fireman, who shall have lost his life in the

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discharge of his duties in such capacity, such compensation as it may deem fit and proper, not to exceed one-half the annual salary of such deceased employee. Said penson shall only be paid in cases where the widow and children or the children, or the widow are in destitute circumstances, and shall not be paid to any minor children over the age of 14 years, and may be discontinued at any time in the discretion of the Commission. Pensions for policemen and firemen. Sec. 39. All rules of procedure, all ordinances, resolutions, laws, and methods of governing the City of Waycross, now of force under the present charter, and not changed by this Act, and not inconsistent with its provisions, shall continue of force and effect until changed by the Commission. Laws of force. Sec. 40. If any section, or part of a section of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other section or part of a section of this Act, but shall be confined in its operations to the section or part of a section directly involved in the controversy in which judgment shall have been rendered. Invalid part ineffective. Sec. 41. Throughout this Act, language expressing the masculine gender shall be construed to include the feminine. Male includes female. Sec. 42. All employees of the City of Waycross including the heads of several city departments, city attorney and city clerk who shall be in the employment shall hold their respective positions for the year 1923 without being elected by the Commission or appointed by the City Manager subject to removal by the Commission or Manager in their discretion at any time as provided by the terms of this Act. Officers and employees hold. Sec. 43. In order that all the elected officers of the city may be filled at one election the term of office of the present Recorder is extended to January 1, 1924, or until his successor is elected and qualified. The successor to the present Recorder shall be elected at the time with the five new Commissioners, who shall take office in 1924 and his term of

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office shall remain thereafter, as now provided by the present charter. Recorder's term of office. Sec. 44. The City Commission shall have the option during the year 1923 of electing a City Manager as provided by the terms of this Act, with the powers and duties therein set forth or of not electing a City Manager for said year. In the event that a City Manager shall not be selected, the City Commission for the year 1923 shall exercise all of the powers and authority as the governing body of the City of Waycross provided by this Act, and now exercised by the Mayor and Board of Aldermen under the present charter. They shall have the right to confer such powers, duties and liabilities upon the Mayor as they may deem fit and proper for said year and may allow him to exercise such of the functions and powers of City Manager as they may see fit, reserving to themselves such powers and duties as they deem proper. They shall determine by proper resolution as soon after organization in January, 1923, as may be possible the method which they will pursue in governing the city of said year. They may, however, by proper resolution from time to time change the method adopted and may at any time during said year, if they see fit and proper, elect a City Manager, and confer upon him the powers and duties herein prescribed for said official. Government for year 1923. As soon as the full City Commission to be selected at the end of the year 1923 shall be qualified, the full terms and conditions of this Act shall be in force, and said Commission then elected and all further Commissions elected under the terms of this Act shall govern the city as provided by this Act. Sec. 45. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1922.

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WAYNESBORO STREET IMPROVEMENTS No. 332. An Act to amend the charter of the city of Waynesboro, authorizing the Mayor and Council of siad city to construct, grade, pave and otherwise improve the streets of the city of Waynesboro, and to assess not more than two-thirds (2-3) of the cost for such construction, grading, paving and other improvements of said streets, out of the real estate abutting on the streets so improved, and also to provide for the issuance of bonds therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Mayor and Council of Waynesboro shall have full power and authority to construct, grade, pave and otherwise improve any and all of the streets in the said City of Waynesboro in such manner and with such matrial as they may elect. Street improvements. Sec. 2. Be it further enacted, That all work done in accordance with the above, shall be under the direction of the Mayor and Council of Waynesboro. Direction of work. Sec. 3. Be it further enacted, That the Mayor and Council of Waynesboro shall have full power and authority to assess not more than (2-3) two-thirds of the cost or such proportionate part thereof as the Mayor and Council in their discretion may determine, of constructing, grading, paving and otherwise improving the streets in said city, on the real estate abutting on the street and on the side of the street so improved. Assessment of real estate. Sec. 4. Be it further enacted, That the Mayor and Council of Waynesboro shall have full power and authority to adopt by ordinance, such a system of equalizing assessments on real estate for the above purpose as may be just and proper estimating the total cost of each improvement made and proportioning the cost thereof on

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the real estate according to its frontage on the street or portion of the street so improved. It shall be wholly discretionary with the Mayor and Council of Waynesboro whether such improvement is necessary and shall be done or not. Equalization and estimate. Sec. 5. Be it further enacted, That the amount of assessment on each piece of real estate abutting on the street so improved shall be a lien on such real estate from the passage of the ordinance providing for the work and making the assessment. Lien of assessment. Sec. 6. Be it further enacted, That the Mayor and Council of Waynesboro shall have the authority to enforce the collection of the amount of any assessment so made for work upon streets against the real estate so assessed, and against the owner or owners thereof at the date of the ordinance making the assessment, which said execution may be levied by the marshal of said city on such real estate, and after advertising such sale in the newspaper in said city wherein the Sheriff's sales for the county of Burke are advertised, once a week for four separate weeks. Said Marshal shall sell the property so levied upon, at public outcry, to the highest bidder, before the court house door in the City of Waynesboro on a regular sheriff's sale day, and between the legal hours of public sales, and shall execute titles to the purchaser and shall have the same power to place the purchaser in possession as sheriffs of this State have; property sold at such sales being subject to the same right of redemption as in cases of other sales for taxes; provided, that the defendant or defendants in such executions 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 amount is admitted to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received and the affidavit received for the balance; and all such affidavits so filed with said Marshal shall be returned to the Superior Court of Burke County,

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Georgia and there tried and the issue determined as in other cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay or otherwise. Execution, levy and sale. Redemption. Affidavit of illegality. Sec. 7. Be it further enacted, That the Mayor and Council of the City of Waynesboro, said State, be and the same are, hereby authorized and empowered to issue bonds of said city to the amount of fifty thousand dollars for the purposes of paying the cost of constructing, grading paving or otherwise improving the streets of said city, as above set forth, said bonds to be of such denomination and to bear such rate of interest, not exceeding six per cent. per annum, and to mature and become payable at such time or times within thirty years after the issue thereof, and the interest to be paid at such time as the Mayor and Council may determine. Bond issue. Sec. 8. Be it further enacted, That said city Council shall assess, levy and collect annually a sufficient tax upon all the taxable property of said city to pay the interest on said bonds, as the same shall become due, and to provide a sinking fund for the redemption of said bonds as the principal thereof shall become due, the tax provided for in this section to be in addition to the tax levied for the current expenses of said city. Bond tax. Sinking fund. Sec. 9. Be it further enacted, That said bonds shall be signed by the Mayor of said City, and be countersigned by the Clerk of the Council, under the corporate seal of the city and shall be negotiated in such manner as said Mayor and Council shall determine to be for the best interest of said city. Proceeds appropriated. Bonds. Sec. 10. Be it further enacted, That the proceeds arising from the sale of said bonds shall be appropriated and applied to the payment of any cost incurred by the city in constructing, grading, paving and otherwise improving the streets of said city.

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Sec. 11. Be it further enacted, That the bond issue as set forth in Sections 7, 8, 9, and 10, shall not have effect until the same shall have been submitted to a vote of the qualified voters of said city of Waynesboro, and approved by the assent of two-thirds of the qualified voters of said city 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 of said city. Assent of voters. Sec. 12. Be it further enacted, That the Mayor and Council of said city, shall order an election submitting the bond issue as provided in this Act, at such time as in their discretion seems best, said election to be held in accordance with the law with reference to bond issues and in accordance with the rules and regulations of said city with reference to holding of elections in and for said city. Bond election. Sec. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 1, 1922. WHIGHAM TAX EXECUTIONS COSTS. No. 313. An Act to amend the several Acts granting corporate authority to the Town of Whigham, now in Grady County, Georgia, Act approved December 1896, and amended by Act approved August 18th, 1905, by amending the Acts of December 23rd, 1896, Section seven on page 263, by adding at the end of said Section seven, these words: That the Mayor and Council shall have full power and authority to fix by ordinance, costs for the Mayor and Marshal in the collection of all tax executions issued against all defaulters.

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Section 1. Be it enacted by the General Assembly of Georgia, That the Acts of 1896 approved December 23rd, 1896, Section seven on page 263, be, and the same is, hereby amended by adding at the end of said section seven these words: That the Mayor and Council shall have full power and authority to fix by ordinance, fees or costs for the Mayor and Marshal in the collection of all tax executions issued against all defaulters. Act of 1896 amended. Costs of tax executions. Sec. 2. Be it further enacted by the General Assembly of Georgia, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 1, 1922.

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TITLE II. Private and School Corporations ACTS. Columbus Free Kindergarten Association; transfer of title. Tom school district; act repealed. COLUMBUS FREE KINDERGARTEN ASSOCIATION; TRANSFER OF TITLE. No. 329. An Act to vest the title to lot number three in block sixtysix of the Commons of the City of Columbus, Georgia, in the Free Kindergarten Association of Columbus, Georgia, and to authorize said Free Kindergarten Association to sell said property and to execute a deed thereto without restrictions, 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 fee simple title to Commons Lot Number Three in Block Sixty-six of the Commons of the City of Columbus, Cusco gee County, Georgia, is vested in the Free Kindergarten Association of Columbus, Muscogee County Georgia, and said Association is authorized to sell said property an dtoexecute a deed without restrictions to the purchaser. Title vested. Sale and deed. Sec. 2. That all laws and parts of laws n conflict herewith be and the same are hereby repealed. Approved August 1, 1922.

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TOM SCHOOL DISTRICT; ACT REPEALED. No. 557. An Act to repeal an Act to incorporate Tom School District in Emanuel and Johnson Counties, to define its boundaries, to regulate the management of the schools in said district, to name the trustees and provide for the election of their successors, and define their powers and duties, to provide for the assessment, levy and collection of taxes for the support of said schools, and for other purposes. Sec. 1. Be it enacted by the General Assembly of 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 Tom School District, in Emanuel and Johnson Counties; to define its boundaries; to regulate the management of the school in said district, to name the trustees and provide for the election of their successors, and define their powers and duties, to provide for the assessment, levy and collection of taxes for the support of said schools, approved August 22nd, 1907, 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 August 21, 1922.

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PART IV.RESOLUTIONS.

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RESOLUTIONS. Adjournment; Notification Committee. Agricultural and Mechanical School; state lands in Bulloch County. Albany wards; act of 1921 corrected. Appropriation for interest on refunding bonds. Appropriation for Mansion Leasing Committee. Appropriation for Maternity Hygiene. Appropriation for payment of Tax Committee. Appropriation for printing expenses, 1920 and 1921. Appropriation for University Regents Committee. Coal Distribution Commission created. Colony Lands; determination of boundaries authorized. Cotton Growers' Cooperative Assciation; marketing agreement authorized. Dunwoody, Varnidoe, and Stone, relief as sureties. Jackson, P. P., relief as surety. Jasper Commissioners; ratification election authorized held. Jones Commissioners; election to enlarge membership. Maryland Casualty Company relieved as surety for J. B. Hall. Muscle Shoals; Ford Proposal recommended. State and County line settlements; conference authorized. State Farm school building provided. State song designated. Statutes of A H Stephens and C W Long designated for Hall of Fame. Telfair tax-collector and sureties relieved. U. S. District Court, delivery of Georgia reports to. World's Fair and Maritime Exposition. ADJOURNMENT; NOTIFICATION COMMITTEE. No. 59. A RESOLUTION Be it resolved by the House the Senate concurring, That a Committee of 5 be appointed, two by the president of the Senate and three by the Speaker of the House to notify His Excellency, The Governor, that the General Assembly has completed its work and is now ready to adjourn sine die and awaits His pleasure. Committee to notify Governor. Approved August 19, 1922.

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AGRICULTURAL AND MECHANICAL SCHOOL; STATE LANDS IN BULLOCH COUNTY. No. 55. A RESOLUTION To authorize the sale of and transfer of and the execution of titles thereto, certain lands approximately seven to nine acres, 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, to fix the price of said lands, and to provide for the disposition of the proceeds of said sales, and for other purposes. Whereas, the State of Georgia is now seized and possessed, and holds title to, that certain little parcel of land containing seven to nine acres, more or less, situated in the 1209th G. M. District and on the North side of the public road leading from Statesboro, Georgia, to Register, Georgia; and on the South side of the old road which is now abondoned that runs south of the lands of A. M. Deal and F. B. Hunter, and upon which they reside; and, Preamble. Whereas, said land was originally a gift to the State of Georgia for the benefit of the First District Agricultural and Mechanical School, with the exception of about 1 acres, by A. M. Deal for the purpose of rounding out the lands of State and School by causing them to extend to the public highway leading from Statesboro to Register Georgia, and, Whereas, since said gift by permission of the State the said public road leading from Statesboro to Register has been changed to run through and across the lands of the State and said School, thus segregating from the main body of the said school land a strip, half moon in shape lying between the new and old road and being all of the land between

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said old and new road, and cutting off the lands of the said A. M. Deal, the donor as aforesaid, and the lands of the said F. B. Hunter and assignee and present holder of a portion of the lands originally belonging to the said A. M. Deal; and, Whereas, the said intervening strip, half moon in shape is now of no practical value to the State for the benefit of said school most of it being unsuited for agricultural purposes because of its shape, location, and the fact that it is low and boggy and a portion of it a sand hill; and, Whereas, it would be a great injustice to the said A. M. Deal, and F. B. Hunter and their property to thus cut them and their property off from the public highway; Now therefore be it resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same as follows: (1.) That J. E. McCroan who is the Trustee and chairman of the Board of Trustees of said First District Agricultural and Mechanical School is hereby empowered and authorized to sell, and execute good and sufficient title thereto at private sale the aforesaid and above described strip or parcel of land to A. M. Deal and F. B. Hunter such portions of said land as intervenes between their respective lands and the present public highway and being a part of the new road leading from Statesboro, Georgia, to Register, Georgia, at and for the sum of ten ($10.00) dollars per acre, by actual survey. Sale of land authorized. (2.) That said land be sold for cash, and the said J. E. McCroan execute a deed to the said purchasers, which when so executed shall be sufficient without more to invest such purchasers, their heirs and assigns with a fee simple title to said lands. Title deed. (3.) That proceeds derived from the sale thereof shall be received and used by said Board of Trustees for the benefit of said First District Agricultural and Mechanical

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School in such manner as the Board of Trustees of said School may direct. Proceeds for school. Approved August 19, 1922. ALBANY WARDS; ACT OF 1921 CORRECTED. No. 44. A RESOLUTION Whereas, the General Assembly of Georgia, at its 1921 session did enact a certain local law affecting Albany, Dougherty County, providing for election of Councilmen according to wards, (Georgia Laws 1921, pages 648-652) and whereas in engrossing said bill, the description of the boundaries of the Third Ward was through error made to contain the words Fifth street instead of Tift (Tift) Street and was signed by the Governor containing said error, and, Preamble. Whereas, the Act as printed in Georgia Laws 1921, pages 648-652 was printed with the words Tift Street instead of Fifth (5th) Street in an effort to rectify said error, Now, therefore be it resolved by the House, the Senate concurring, and the Governor approving, that the Secretary of State be authorized to change the words Fifth (5th) Street to the words Tift Street in the engrossed copy of said Act now in his custody and control, where same describes the boundaries of the Third Ward, so that same may conform to the original Act as passed and as printed in Georgia Laws 1921, pages 648-652 and the Act as printed be declared lawful and correct. Clerical error corrected. Approved August 11, 1922.

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APPROPRIATION FOR INTEREST ON REFUNDING BONDS. No. 50. A RESOLUTION Whereas, The General Assembly, 1921 session, authorized a refunding issue of bonds for the purpose of raising money with which to pay off that portion of the public debt, which became due January 1, 1922, and Preamble. Whereas, no provision was made to pay the interest due on the refunding issue of bonds for the years 1922 and 1923. Therefore, be it resolved by the General Assembly of the State of Georgia, that the sum of Four Thousand One Hundred Eight Dollars and Seventy-five Cents ($4,108.75) to cover interest due in 1922, and the sum of Eight Thousand Two Hundred Seventeen Dollars and Fifty Cents ($8,217.50), to cover interest due in 1923, be and the same is hereby appropriated. Amounts appropriated. Approved August 16, 1922. APPROPRIATION FOR MANSION LEASING COMMITTEE. No. 51. A RESOLUTION Appropriating the sum of Two Thousand Dollars or so much thereof, for the purpose of defraying the expenses, per diem, and advertising of the members of the special Mansion Leasing Commission, and for other purposes.

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Be it resolved by the House, the Senate concurring that whereas the resolution creating the Mansion Leasing Commission approved August 15th, 1921, failed to provide for the actual expenses, the per diem, and advertising for bids of its members while engaged in their official duties as said members. Preamble. Therefore be it resolved that the sum of Two Thousand Dollars, or so much thereof, be and the same is hereby appropriated for the purpose of paying the per diem, actual expenses, and advertisements of said Mansion property to the members of said Mansion Leasing Commission, for the time in which they were engaged in their official duties as such members. $2,000 for expenses of committee. Be it further resolved that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 16, 1922. APPROPRIATION FOR MATERNITY HYGIENE. No. 49. A RESOLUTION Whereas, the passage by the Congress of the United States of an Act entitled An Act for the promotion of the welfare and hygiene of maternity and infancy, and for other purposes and approved Nov. 23, 1921, makes available for expenditure within the State of Georgia annually the sum of $19,530.55 in promotion of the welfare and hygiene of maternity and infancy conditioned on the acceptance by the State of Georgia of the provisions of said Act of Congress by the creation of a State agency to cooperate with the children's Bureau, of the Department of Labor of the United States government, in the administration of the provisions of the aforesaid Act, therefore; Preamble.

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First: Be it resolved by the Senate, the House concurring, that the provisions of the aforesaid Act of Congress of the United States, approved Nov. 23, 1921, are hereby accepted, and that the department of health, through its division of child Hygiene, as the State Agency through which the children's bureau, referred to in said Act, shall have all necessary power to co-operate, as said Act provided, in the administration of provisions of said Act. Act of Congress accepted. Power to State agency. Second. Be it further resolved by the authority aforesaid, that this resolution shall become effective from and after the date of its passage. Approved August 16, 1922. APPROPRIATION FOR PAYMENT OF TAX COMMITTEE. No. 43. A RESOLUTION Whereas, there was approved on August 13, 1921, a joint resolution by the General Assembly of Georgia, creating a joint committee of ten members from the House and fire from the Senate, to consider proposed changes in the Tax System of Georgia and to make its report on the first day of the session of 1922, and, Preamble. Whereas, said committee, pursuant to such authority did meet on sundry days in the city of Atlanta for the purpose of discharging the duties with which it was charged, and has made its report to the General assembly. Therefore, be it resolved, That the members of said committee shall be paid their regular per diem and all actual expenses and that the sum of $1,500.00 or so much thereof as may be necessary, be and the same is hereby

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appropriated for the purpose of paying the said per diem and expenses of each of members of said committee. $1500 for expenses of committee. Approved August 5, 1922. APPROPRIATION FOR PRINTING EXPENSES, 1920 AND 1921. No. 63. A RESOLUTION Whereas, under Section 210, Paragraph 5, page 66 of the Code of 1910, it is the duty of the Secretary of State of furnish stationery, printing and incidentals for the use of the General Assembly, and, Preamble. Whereas, there are unpaid bills for stationery printing and incidentals used by the General Assembly during the years 1920-1921-1922, Therefore, be it resolved by the House of Representatives, the Senate concurring that the sum of two thousand ($2,000.00) dollars or so much thereof as may be necessary for each of the years of 1920-1921-1922 and 1923 be and the same is hereby appropriated to be paid on the approval of the Secretary of State for such stationery, printing, and incidentals as have been used during the years 1920, 1921, and not yet paid for, and for such stationery, printing, and incidentals as may be necessary for the use of the General Assembly during the year of 1922 and 1923. Printing stationery, and incidentals of legislature. Be it further resolved that the sum of three thousand dollars or so much thereof as may be necessary be appropriated to cover deficiencis in incidentals, printing and expenses for supplies furnished the Senate and House of Representatives for the years 1921 and 1922 payable on approval of the Secretary of the Senate and Clerk of the House of Representatives also $184.30 to the Secretary

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of the Senate to cover deficiencies in fund for incidentals furnished the Senate, which have been paid by him for the sessions 1921 and 1922, also two extra door-keepers and two extra assistant messengers for the Senate, all of the above to be paid by the Treasurer upon approval by Secretary of the Senate or president of the Senate. Deficiencies in printing and incidentals. Be it further resolved, That the sum of $5,000.00 be appropriated as a contingent fund for the Governor. Be it further resolved That the sum of $10,000.00 be appropriated to pay for additional insurance premiums for the State. Insurance premiums. Be it further resolved, That the sum of $5,000.00 be appropriated to the Railroad Commission to defray the expenses of the Commission in the distribution of coal, same to be used as a revolving fund and to revert to the Treasury. Railroad commission; revolving fund. Be it further resolved That the sum of $6,000.00 be appropriated for the keeper of Public Buildings and grounds to provide for deficiencies. Public buildings and grounds. Be it further resolved, that the sum of $4,400.000 be appropriated to the Department of printing to take care of Clerical Assistance and maintenance of said department. Printing department. Be it further resolved, That the sum of $7,500.00 be appropriated to the Trustees of the University of Georgia for the use of 10th (Tenth) District Agricultural College located at Granite Hill in Hancock County, for maintenance, repairs, and equipment of the buildings and grounds of said College. Tenth District Agricultural school. The Governor is hereby authorized to draw his warrants for the same to be paid out of any funds in the Treasury of the State not otherwise appropriated. Appropriated August 21, 1922.

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APPROPRIATION FOR UNIVERSITY REGENTS COMMITTEE. No. 52. A RESOLUTION Whereas, at the last session of the General Assembly a Joint Resolution was passed by a vote of the Senate and of the House of Representatives, appointing a Joint Committee for the purpose of investigating the subject of a Board of Regents for the University of Georgia and its Branches, and making a report thereon, and, Whereas, said Committee was appointed and did make said investigation in accordance with the terms of said resolution, and, Preamble. Whereas, said resolution provided that the actual expenses of said Joint Committee should be paid from the State Treasury. Therefore be it resolved by the House of Representatives, the Senate concurring that the sum of $252.31 be, and the same is hereby appropriated for the purpose of paying said expenses upon each member of said Committee filing itemized, verified statement of his expenses, and the Treasurer is hereby authorized to pay the same. Expenses payable. Approved August 19, 1922. COAL DISTRIBUTION COMMISSION CREATED. No. 45. A RESOLUTION That whereas there is a threatened shortage of coal within the State of Georgia, and,

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Whereas, the health and life of the citizens of said State would be endangered by such a shortage, and, Preamble. Whereas, the Federal Government has appointed a Commission on distribution of the available supply of coal, to stop certain priorities, and for other purposes, and, Whereas, the powers of such commission do not extend to the distribution and redistribution to the ultimate consumer within the limits of this State, Now, therefore, be it resolved by the General Assembly of Georgia, That the Governor of Georgia shall appoint the Railroad Commission with the powers and duties hereinafter stated, when in the opinion of said Governor it is advisable to exercise control over the distribution of coal within this State, Control of distribution by Railroad Commission. That the duties and powers of said commission shall be as follows: Duties and powers. To cooperate with the above referred Federal Commission in the distribution of Coal within this State; to prescribe rules and regulations to control the distribution and redistribution of coal within this State, to compel the equitable distribution of coal to the ultimate consumer within this State; to regulate and control priorities of delivery of coal to the ultimate consumer within this State; and to perform such other duties and to make such other regulations concerning the distribution and price of coal within this State as shall be necessary to obtain an equitable distribution and fair price to such ultimate consumer. That any person, firm or corporation violating the provisions of any rule or regulation of said Commission when properly adopted and promulgated by said Commission shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law in cases of misdemeanor. The Railroad Commission may refuse to approve the furnishing of coal to anyone violating the provisions of this Act or their order. Penalty for violation of regulation.

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That the term of office of said Commission shall expire and its powers and duties shall terminate upon an order of the Governor when in his opinion it is no longer advisable to exercise control over the distribution of coal within this State. Order terminating powers. Approved August 9, 1922. COLONY LANDS; DETERMINATION OF BOUNDARIES AUTHORIZED. No. 58. A RESOLUTION Whereas, there is an uncertainty as to the location of the boundary lines around the State land in Baldwin County, Georgia, known as the colony lands in the possession of the Trustees of the Georgia State Sanitarium for the insane; and, Preamble. Whereas, there are disputes between certain coterminous land owners and the Sanitarium authorities as to the location of these lines; Therefore, be it resolved, by the General Assembly of the State of Georgia that the Trustees of the said Georgia State Sanitarium be, and they are hereby, authorized and directed to survey and locate the true lines around said colony lands and whenever said lines are so run and located to mark the same, and the said lines so marked shall be accepted by the State as the true lines and boundaries between the State lands and the lands of coterminous owners. The said Board of Trustees shall accept possession of the lands now held by coterminous owners to which the State holds conveyances, and shall surrender to said coterminous owners the lands not covered by the State conveyances. Survey and location of lines. Acceptance and surrender of possessions.

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Resolved further, That the above duties shall be performed within one year from the passage of this resolution, One year for performance. Resolved further, that all laws and parts of laws in conflict with this resolution be and the same are hereby repealed. Approved August 19, 1922. COTTON GROWERS' CO-OPERATIVE ASSOCIATION; MARKETING AGREEMENT AUTHORIZED. No. 40. A RESOLUTTION To empower the Secretary of State, of the State of Georgia, to sign the marketing agreement of the Georgia Cotton Growers' Co-Operative Association, and thereby bind the State of Georgia by all the terms and obligations therein contained and set forth. Section 1. Be it resolved by the Senate of Georgia, the House of Representatives concurring, That the Secretary of State of the State of Georgia be, and he is hereby, authorized and empowered to sign the marketing agreement of the Georgia Cotton Growers' Co-Operative Association and thereby bind the State of Georgia by all the terms and obligations therein contained and set forth. Signature to marketing agreement authorized. Sec. 2. This Act shall take effect immediately upon its approval by the Governor. Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved July 24, 1922.

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DUNWOODY, VARNEDOE, AND STONE, RELIEF AS SURETIES. No. 47. A RESOLUTION Whereas, one Perry Hendrix was tried and convicted of a misdemeanor in the City Court of Baxley and sentenced to the chaingang, and pending the hearing of his motion for a new trial, gave bond for one hundred fifty dollars conditioned upon his appearance to abide by final judgment in the case, which bond was signed by himself as principal and E. W. Dunwoody, L. S. Varnedoe and H. B. Stone as securities, and Preamble. Whereas, said bond was later forfeited and judgment obtained and on January 11, 1921, execution issued against said sureties, who, in the meantime offered a reward for the capture of said Perry Hendrix, and Whereas, the said Perry Hendrix was captured and later served the sentence imposed by the court in said case and the reward was paid, and the purpose for which the bond was given has therefore been fully accomplished, Therefore, be it resolved by the House, the Senate concurring, that the said sureties, to-wit: E. W. Dunwoody, L. S. Varnedoe and H. B. Stone, be relieved of all liability on said execution and judgment and the clerk of the City Court of Baxley and of the Superior Court of Appling County is hereby authorized and directed to mark said execution satisfied and to cancel the same from the records in said county, upon the payment of all accrued costs. Sureties relieved of liability. Approved August 16, 1922.

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JACKSON, P. P., RELIEF AS SURETY. No. 62. A RESOLUTION Whereas, P. P. Jackson did become surety for the appearance of Price Hubbard at the March term of the Criminal Court of Atlanta, in a case pending in said court against the said Price Hubbard, charging him with the offense of misdemeanor, which said bond was for the principal sum of five hundred dollars, and, Preamble. Whereas, by reason of the non-appearance of the said Price Hubbard, said bond was forfeited and a rule absolute was entered at said March term, 1922, and an execution was issued for the principal sum of five hundred dollars and costs, which execution is now of record, against the said P. P. Jackson, surety aforesaid, and Whereas, at the March term, 1922, of the said Criminal Court of Atlanta the said Price Hubbard did enter a plea of guilty to the said charge in said court, after having been produced before the court by the said P. P. Jackson, his surety aforesaid, and was then and there sentenced to serve a term on the chaingang of said Fulton County, Georgia, which term the said Price Hubbard is now serving on said chaingang. It is therefore, resolved by the Senate of Georgia, the House of Representatives concurring, that inasmuch as the purpose for which said bond was made has been fully accomplished, the authorities of said Criminal Court of Atlanta are hereby authorized and directed to cancel and deliver up to the said P. P. Jackson, the said execution and the said P. P. Jackson is hereby relieved from any liability on the same. Surety relieved of liability. Approved.

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JASPER COMMISSIONERS; RATIFICATION ELECTION AUTHORIZED No. 42. A RESOLUTION Whereas, the County of Jasper has a Board of Commissioners of Roads and Revenues of three members, elected by the grand jury, and Preamble. Whereas, many people of said county are desirous of changing the present system of electing the members of the Board of Commissioners of Roads and Revenues by the grand jury, consisting of three members; therefore, Be it resolved, That an election be held in said county not later than September 22, 1922, for the purpose of acting on the question as to whether said county shall elect the Board of Commissioners of Roads and Revenues by popular vote, and Election on Sept. 22, 1922. Be it further resolved, That the Ordinary of said county shall call said election, fix the date thereof, and make all necessary arrangements therefor, giving notice thereof for a period of thirty days prior to said election in the legal organ of said county, and Called by Ordinary. Be it further resolved, That the returns of said election shall be made to the Ordinary of said county, who shall consolidate the votes and declare the result thereof; that the expense of said election be paid by said county as in regular elections. Returns, result, expenses. Be it further resolved, That those voting in the election for Commissioners of Roads and Revenues by popular vote, shall have written or printed on their ballots For election of Commissioners of Roads and Revenues by popular vote, and those voting against it shall have written or printed on their ballots Against election of Commissioners of Roads and Revenues by popular vote, and if a majority of the votes cast are in favor of Commissioners of Roads and

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Revenues being elected by popular vote, the Representatives of said county are instructed to pass a bill carrying into effect the wish of the people. Ballots. Approved August 1, 1922. JONES COMMISSIONERS; ELECTION TO ENLARGE MEMBERSHIP. No. 46. A RESOLUTION Whereas, the County of Jones has a Board of Commissioners of Roads and Revenues of one member, whose term of office expires January 1, 1925, and, Preamble Whereas, many people of said county are desirous of changing the present system to a Board of Commissioners of Roads and Revenues consisting of three members, therefore, Be it resolved, That at the general election held in said county in November, 1922, or in November, 1924, the voters shall act on the question as to whether said county shall have one Commissioner as at present, or shall have three Commissioners of Roads and Revenues, and Election as to one or three commissioners Be it further resolved, That the returns of said election shall be made to the Ordinary of said county, who shall consolidate the votes and declare the results thereof; that the expense of said election be paid by said county as is regularly done. Returns to Ordinary. Be it further resolved, That in the event three Commissioners are to be elected instead of one by the voters of said county, at the general election in November, 1922, or November, 1924, they shall not take office until the expiration of the term of the present Commissioner which is January 1st, 1925, and Time of assuming office.

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Be it further resolved, That if three Commissioners of Roads and Revenues are elected, their salary shall be two ($2.00) dollars per diem, for actual service, but if only one Commissioner is elected, his salary shall remain as it is at present, and Salary. Be it further resolved, That those voting for three Commissioners of Roads and Revenues shall have written or printed on their ballots: For three Commissioners, and those voting against three Commissioners shall have written or printed on their ballots Against three Commissioners, and if a majority of the votes cast are in favor of three Commissioners of Roads and Revenues, then the Representative of said county is instructed to pass a bill carrying into effect the wish of the people. Ballots. Approved August 15, 1922. MARYLAND CASUALTY COMPANY RELIEVED AS SURETY FOR J. B. HALL. No. 61. A RESOLUTION To relieve the surety upon the bond of J. B. Hall, Tax Collector of Emanuel County, of certain penalties. Whereas, Joe B. Hall was elected Tax Collector of Emanuel County successively for the years 1917 to 1920, inclusive; and, Preamble. Whereas, the Maryland Casualty Company was surety upon his bond as such Tax Collector for the years 1917, 1918, 1919, and 1920; and, Whereas, for each of said years the said Joe B. Hall, as Tax Collector aforesaid, has made settlement with the State and county, and received a full and complete receipt from both the State and county for each of the years above mentioned,

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fully discharging him from any further liability as such Tax Collector; and, Whereas, during the years 1919 and 1920 an auditor was employed by the County of Emanuel to audit the records of county officers and in so auditing the account of J. B. Hall, as Tax Collector, found him indebted to the State of Georgia for the years 1919 and 1920; and, Whereas, all of said sums have been fully paid; and, Whereas, the law requires the Comptroller-General in issuing fi. fas. against defaulting Tax Collectors, regardless of circumstances, to add thereto as a penalty the sum of 20 per cent. per annum from the 20th day of April of the year succeeding that for which the taxes were collected; and, Whereas, this Tax Collector, Joe B. Hall, through his surety, the Maryland Casualty Company, have paid to the State a twenty per cent. penalty amounting to seven hundred seventy-eight dollars and sixty-five cents ($778.65); and, Whereas, the shortage, as shown by the report of the auditor and on which the penalty was attached, is due to defective bookkeeping and not to misappropriation of funds by said Hall, and said shortage is to a large extent estimated; Be it resolved, That the Maryland Casualty Company be refunded the said penalty paid of $778.65 and that the Governor is hereby authorized and directed to draw his warrant on the Treasury for the sum of $778.65 payable to said Maryland Casualty Company in refund thereof. Refund of money paid by surety.

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MUSCLE SHOALS; HENRY FORD PROPOSAL RECOMMENDED No. 39. A RESOLUTION Resolved, That whereas there is now idle the magnificent property of the United States Government at Muscle Shoals, and Preamble. Whereas, it would be for the best interest of the United States and for the South that Muscle Shoals should be fully developed, and Whereas, there continues in the South a great army of unemployed, and Whereas, the best offer for the Shoals has been made by Mr. Henry Ford, Now, therefore, be it resolved, That the General Assembly of Georgia hereby urges the Congress of the United States to accept the offer for Muscle Shoals as made by Mr. Henry Ford, and we urge all members of Congress from Georgia to use their influence to this end. Acceptance of Ford's offer urged. Be it further resolved, That a copy of this resolution be sent to each member of Congress from Georgia. Approved July 26, 1922. STATE AND COUNTY LINE SETTLEMENTS; CONFERENCE AUTHORIZED. No. 48. A RESOLUTION Whereas, there is a dispute as to the location of the line between the State of Georgia and the State of Tennessee, and especially to that part of the line between the counties

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of Walker and Dade, in Georgia, and Hamilton and Marion, in Tennessee: Preamble. Therefore, be it resolved, by the House of Representatives, the Senate concurring, That the Governor of Georgia be, and he is, hereby requested to confer with the Governor of Tennessee and take such steps as are necessary to settle and locate the line between said State and counties, and he is herein given such needed authority as may be dequired to effectuate said settlement. Conference of Governors. Approved August 16, 1922. STATE FARM SCHOOL BUILDING SITE PROVIDED. No. 57. A RESOLUTION To provide for a school building site on property of State Farm. Be it resolved by the General Assembly of the State of Georgia, That the Prison Commission of Georgia is hereby authorized and directed to set aside and convey to the Board of Education of Baldwin County four (4) acres of land, being a part of the State Farm property, to be used as a site for the location of a public school building, said four acres to be selected by the Prison Commission and the Board of Education; provided, that this land shall not be used for any purpose except for school purposes, and it shall revert to the State Farm whenever it ceases to be used for this purpose. Conveyance of four acres on condition subsequent. Approved August 19, 1922.

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STATE SONG DESIGNATED. No. 53. A RESOLUTION Be it resolved by the House of Representatives, the Senate concurring therein, the following: It appearing that Lottie Belle Wylie has set to music the beautiful poem of Robert Loveman, entitled Georgia and that said poem expresses the highest and loftiest sentiment as to our beloved State, and that the music as composed by Miss Wyley is tuneful, refined and beautiful, a copy of said song, as set to music, being attached hereto, Preamble. Be it resolved, That the thanks of this body be extended to Miss Wyley for her services to the State in composing this music and that the same be designated as Georgia's song. Thanks and adoption. Approved August 19, 1922. STATUES OF A. H. STEPHENS AND C. W. LONG DESIGNATED FOR HALL OF FAME. No. 41. A RESOLUTION The House of Representatives of the General Assembly of Georgia, the Senate concurring, hereby Resolves: First, That our State should be represented by the statues of Alexander Hamilton Stephens and Dr. Crawford W. Long in the Hall of Fame at the Capitol of the United States, designated and set apart by the National Government. Second, That we express our ratification of the selection of the above distinguished Georgians by a previous Legislature of the State, the one our most beloved statesman,

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patriot, orator, historian and philanthropist; the other the discoverer of the greatest medical boon conferred upon humanity, when he demonstrated the practical use of sulphuric ether as an anaesthetic in surgery, performing the first and original operation, painlessly by the use of such agent March 30th, 1842, at Jefferson, Jackson County, Georgia. Ratification of previous selection. Third, That we commend the movement by citizens of this State to provide a fund of $12,000.00 to meet the expense of making said memorials, in the absence of our constitutional authority to make appropriations therefor, and trust that early means may attend the undertaking. Expense fund commended. Fourth, That a committee composed of three members of the House and two from the Senate be appointed to receive such sums as may be contributed by members of this General Assembly, and to co-operate with the citizens committee acting in the collection of funds for the said purposes, and in having the memorials made and delivered and who shall report their action to the Governor, who is hereby authorized to receive such memorials when finished and to provide for their proper placement with appropriate ceremonies in said Hall of Fame. Committee to receive contributions. Approved July 25, 1922. TELFAIR TAX-COLLECTOR AND SURETIES RELIEVED. No. 56. A RESOLUTION Whereas, on October 11th, 1921, an execution was issued by the Comptroller-General against W. K. Brooks, as Tax Collector of Telfair County, Georgia, principal, and T. J. Williams, F. R. Mann, J. J. Kearse and N. A. Yancey as his sureties for the principal sum of $11,564.05 for unpaid taxes

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due the State of Georgia by said Tax Collector for the year 1920; and Preamble. Whereas, after allowing certain credits on said execution to which the said Brooks as Tax Collector was entitled thereon, left a balance due on said execution of $5,346.42 principal besides interest or penalty, at the rate of twenty per cent. from April 20th, 1921; and Whereas, it appearing that the failure of the said W. K. Brooks, as Tax Collector to account for the taxes due the State earlier than the date of the issuance of said execution, was due in large measure to the extremely embarrassing financial condition of the tax payers of his county and also the severe illness of members of the family of the Tax Collector; and Whereas, since the issuance of the execution the said W. K. Brooks has paid the principal of the execution in full and in addition thereon has paid seven per cent. interest since April 20th, 1921, and in that respect and to that extent has fully paid and discharged said execution; and Whereas, it appears that said execution is still held against the said W. K. Brooks, Tax Collector, and his sureties for the balance of the twenty per cent., being thirteen per cent. of the principal of $5,346.42 from April 20th, 1921. Now, therefore, be it resolved by the Senate of Georgia, the House of Representatives concuring, that said W. K. Brooks, Tax Collector as principal, and the said sureties be, and they are hereby relieved from any and all liability on said bond and under and on said execution issued by the Comptroller-General, as aforesaid. Principal and sureties relieved. Approved August 19, 1922.

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U. S. DISTRICT COURT, DELIVERY OF GEORGIA REPORTS TO. No. 54. A RESOLUTION Whereas, the District Court of the United States for the Southern District, is required in the administration of the laws governing the cases determined in said court to give effect to the laws of this State, as construed by the Supreme Court thereof. Preamble. Be it therefore resolved, by the Senate and the House of Representatives of Georgia in General Assmbly met, and each concurring, that the State Librarian be and is hereby authorized to deliver to the clerk of the court aforesaid for the use of said court at such seat of said court as the Judge thereof may designate, continuations of Georgia Reports, Georgia Appeals Reports, Codes and Acts, the same to be delivered in accordance with precedent to his successor in office by the clerk of said court. Authority to deliver books. Approved August 19, 1922. WORLD'S FAIR AND MARITIME EXPOSITION. No. 60. A RESOLUTION Whereas, ocean steam navigation had its beginning in the successful voyage of the steamship Savannah from Savannah, Georgia, to Liverpool, England, in eighteen hundred nineteen; and Preamble. Whereas, ocean steam navigation has revolutionized the trade of the world, has brought all nations closer together, and has rendered incalculable service to mankind in the spread of the English tongue and the communication to mankind of the ideals of the English speaking people; and

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Whereas, a proper celebration of that event by the holding of an international exposition in Georgia would go far to the re-establishment of international friendly relations; therefore Be it resolved by the Senate of the State of Georgia, the House of Representatives concurring, that there shall be held in the State of Georgia in the year nineteen hundred and twenty-six, a World's Fair and Maritime Exposition at Savannah and at Atlanta, lasting from May until December, and that during said period the entire State of Georgia shall be included within the exposition grounds. Exposition to be held in 1926. Resolved, second, that the Congress of the United States is hereby invited and urged to participate in said World's Fair and Maritime Exposition, and that the Congress of the United States is hereby earnestly petitioned to extend to all foreign nations a cordial invitation to participate in said World's Fair and Maritime Exposition, and to send their merchant ships and their exhibits to take part in said World's Fair and Maritime Exposition, intended to commemorate the birth of the world's greatest civilizing agency, ocean steam navigation. U. S. Congress invited to participate. Resolved, third, that a commission to be known as the Georgia World's Fair and Maritime Exposition Commission shall be and is hereby created, which commission shall be composed of the following persons, to-wit: Mills B. Lane, Savannah, chairman; Clement S. Ucker, Savannah, vicechairman; Ex-Officio Mayor of Savannah, Ex-Officio Mayor of Atlanta, S. Y. Austin, LaGrange; W. D. Anderson, Macon; W. C. Bradley, Columbus; W. B. Baker, Atlanta; W. W. Banks, Atlanta; E. R. Black, Atlanta; Henry Blun, Savannah; J. E. Conwell, Lavonia; L. G. Council, Americus; J. T. Culpepper, Thomasville; H. H. Dean, Rome; Claude Eubanks, Eastman; Mrs. W. H. Felton, Cartersville; Hugo Frank, Savannah; J. W. Gilreath, Cartersville; T. K. Glen, Atlanta; Robert Gregg, Atlanta; F. B. Gordon, Columbus; Robert W. Groves, Savannah; Mrs. J. E. Hays, Montezuma; S. N. Harris, Savannah; C. B. Howard, Atlanta; D. A.

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Jewell, Chickamauga; Mrs Lamar, Macon; H. T. McIntosh, Albany; R. A. McCrane, Savannah; A. W. Morehouse, Savannah; W. T. McArthur, Sr., McGregor; Robert F. Maddox, Atlanta; J. K. Ottley, Atlanta; W. J. Oliver, Sellman; Sam Orr, Elberton; Mrs. J. K. Ottley, Atlanta; J. W. Oglesby, Quitman; Billups Phinizy, Athens; Jacob Phinizy, Augusta; T. S. Hawes, Bainbridge; W. B. Rice, Dublin; H. D. Reed, Waycrss; H. R. Smith, Elmdale; E. S. Trosdal, Savannah; H. Y. Tillman, Valdosta; Mrs. A. E. Thornton, Atlanta; Samuel Tate, Tate, Ga; W. C. Vereen, Moultrie; J. Pearce Wheless, Savannah; Wm. W. Williamson, Savannah; Mrs. Henry D. Weed, C. A. Wickersham, Atlanta; W. A. Winburn, Savannah; M. R. Wilkinson, Atlanta. Commission named. Resolved fourth, that it shall be the duty of said Georgia World's Fair and Maritime Exposition Commission to present to the Congress of the United States a copy of this resolution, certified to by the Secretary of State, as a formal invitation of the State of Georgia to the Congress of the United States, to participate in said Georgia World's Fair and Maritime Exposition and as the formal petiton of the State of Georgia to the said Congress of the United States to invite all foreign nations to participate. Duty of commission. Resolved further, that said Georgia World's Fair and Maritime Exposition Commission herein created shall have general charge of said Exposition movement from date until the close of said Exposition, and shall make all plans necessary and proper to the successful conduct of said Exposition. Said Commission shall have authority to invite, in the name of the State of Georgia, all commercial bodies of the world to take part in said Exposition, to aid the City of Savannah and the City of Atlanta in whatever plans said cities may make, to report to the General Assembly of Georgia from time to time, and to suggest and recommend such legislation on the part of the State as may be needed, and also shall have the right to petition Congress to do and perform all such things as may be necessary and proper in order that the United States may creditably perform the

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office of host during the duration of said Exposition, both on land and on water. Authority of commission. Approved August 21, 1922.

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TREASURER'S REPORT

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REPORT OF W. J. SPEER, TREASURER, SHOWING RECEIPTS AND DISBURSEMENTS AT THE STATE TREASURY FOR THE YEAR ENDING DECEMBER 31, 1921. RECEIPTS. Dr. 1921 Dr. 1920 To Balance in the Treasury $ 1,024,801.15 $ 909,625.64 Abstract Companies Tax 18.90 91.80 Adding Machine Companies 855.00 1,170.00 Agencies 1,764.00 1,494.00 Amusement Parks 90.00 198.00 Artists 765.19 949.50 Athletic Clubs 432.00 459.00 Auctioneers 967.50 2,632.50 Automobile Agents 32,855.11 69,570.43 Auto Assembling Plants 202.50 270.00 Awning and Tent Makers 216.00 148.50 Back Taxes 101,169.60 116,934.94 Ball and Other Parks 112.50 Barber Shops 7,666.48 4,929.15 Barbers' Schools 27.00 Barbers' Supplies 157.50 855.50 Bicycles 1,336.50 1,796.20 Billiards and Pool 39,474.18 41,647.95 Bill Posters 324.90 225.00 Book Agents 4.50 40.50 Bond Makers 225.00 180.00 Bottlers 6,669.00 6,075.67 Brokers (S. B.) 8,100.00 6,570.00 Advertising Agents 135.00 427.50 Cars for Hire 5,343.02 4,934.25 Cash Registers 810.90 630.00 Cemetery Agents 315.00 320.00 Cigar Makers 45.00 90.00 Cigarette Dealers 119,456.02 129,860.64 Clerks Cost Court of Appeals 123.75 1,038.75 Burglar Alarms 22.50 Automatic Sprinklers 45.00 Coal and Wood Dealers 3,695.39 2,431.00 Cold Storage Tax 6,300.00 5,512.50 Contractors 3,490.59 2,972.73 Corporation Tax (ad valorem) 90,972.73 95,371.50 Cost on Fi Fas 29.50 6.50 Dance Halls 226.72 180.00 Detective Agents 157.50 157.50 Directory Tax 202.50 202.50 Dividends on Stocks 2,782.00 2,968.00 Card Writers 22.50 Dry Cleaners 1,062.00 900.00 Electric Shows 7,925.60 8,200.35 Electric Shows Supplies 157.50 270.00 Emigrant Agents 900.00 Employment Agencies 225.00 180.00 Equipment Companies' Tax 2,415.98 3,049.11 Express Companies' Tax 2,707.71 2,866.14 Fees from Fertilizers 61,530.85 105,164.20 Fees from Pure Food 40,921.05 63,927.29 Fines and Forfeitures 6.30 Forest Reserve Fund 1,410.69 2,245.17 Games 562.50 1,032.75 Game Protection Fees 5,000.00 6,000.00 Garages 8,185.11 7,631.65 General Tax 5,464,600.35 4,868,998.45 Poll Tax 291,673.71 298,522.84 Interest from Tax Collectors 5,048.00 1,923.88 Health Com. Fees 90.00 25.00 House Movers 9.00 Ice Cream Dealers 508.50 459.50 Inheritance Tax 327,265.32 210,482.21 Insolvent General Tax 21,644.05 15,032.89 Insolvent Poll Tax 2,993.17 1,764.71 Insurance Agents 29,142.00 22,348.20 Insurance Fees 56,878.00 54,147.00 Insurance Tax by Companies 659,825.47 633,540.57 Implement and Machinery Mfgs. and Agents 760.00 870.00 Construction Companies 5,705.66 1,695.33 Electricians and Contractors 396.00 522.00 Fuel Oil Tax 113,662.87 Interest from Depositories 15,209.68 31,267.69 Oysters and Shrimp Packers 157.50 67.50 Junk Dealers 1,954.62 3,204.00 Land Title Registration Fees 6.00 381.61 Lease Indian Spring Property 110.00 Lenders on Wages 1,260.00 1,080.00 Lighting Plants 247.50 817.00 Lightning Rods 162.00 135.00 Live Stock Dealers 2,299.50 3,820.59 Loan Agents 1,881.00 1,917.00 Lumber Dealers 666.35 846.00 Manufacturers Soft Drinks 6,263.17 9,035.07 Merchandise Brokers 5,715.00 6,323.85 Money Refunded 1,230.80 697.65 Monument Dealers 946.18 1,183.50 Motor Cycle Dealers 270.00 180.00 Motor Vehicle Fees 1,702,103.59 1,850,256.84 Musical Dealers 4,846.72 4,716.23 Occupation Tax (Capital) 250,784.70 250,149.16 Office Fees 7,973.42 6,661.14 Oil Fees 212,792.92 383,261.87 Palmists 1,327.50 945.67 Patented Articles 45.00 Pawnbrokers 8,955.00 13,680.00 Peddlers 3,442.50 8,730.00 Pensions Rrefunded 14,161.94 27,776.12 Picture Frame Dealers 13.50 121.50 Pistols and Cartridges 11,844.38 13,662.00 Playing Card Dealers 3,735.34 3,969.00 Pumping Systems 54.00 337.50 Railroad News Companies 1,800.00 1,800.00 Railroad Tax 518,730.58 554,061.84 Real Estate Agents 3,465.00 5,515.00 Rental Public Property 8,340.00 8,340.00 Rental W. A. Raliroad 540,000.00 540,000.00 Rinks 157.50 157.50 Sale Auto Tags (Surplus) 26,510.72 Sanitariums 1,260.00 932.50 State Road Auto Tax 27,624.06 Printing Brokers 27.00 27.00 Sale of Farm Products 372.70 Sale of Public Property 67.72 269.95 Sale of Acts 1,084.63 701.95 Sale of Codes 204.62 280.88 Sale of Records 71.95 233.57 Sale of Court of Appeal Reports 1,072.55 1,137,70 Sale of Supreme Court Reports 635.40 2,425.35 Sale W. A. Rental Warrants 2,297,586.21 Safes and Vaults 360.45 236.70 Sewing Machine Agents 1,720.00 2,170.00 Sewing Machine Companies 1,600.00 1,600.00 Show Tax 12,582.60 18,961.20 Sleeping Car Companies 6,657.99 6,198.35 Slot Machines 1,712.50 1,933.65 Soda Fount Tax 5,711.00 5,985.32 Specialists 49.50 112.50 Steamboat Companies 17,330.87 517.58 Used Car Dealers 540.00 337.50 Street Railroad Tax 90,868.53 95,654.84 Teachers' Agencies 157.50 90.00 Telegraph Companies' Tax 12,455.95 12,262.56 Telephone Companies' Tax 49,793.88 45,764.34 Temporary Loan 500,000.00 350,000.00 Waterworks 22.50 67.50 Traders 990.00 1,170.00 Trucks (G. O.) 5,395.50 4,702.50 Typewriter Agents 819.00 612.00 Undertakers 5,827.50 5,474.50 Vital Statistics Fees 5.50 Warehouses 3,951.00 4,116.50 Weighing Scales 596.25 568.86 Wild Lands Sale 863.36 20.72 Total Receipts During the Year $13,904,607.42 $11,170,500.88 Aggregate Including Balance $14,929,408.57 $12,080,126.52

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REPORT OF W. J. SPEER, TREASURER, SHOWING RECEIPTS AND DISBURSEMENTS AT THE STATE TREASURY FOR THE YEAR ENDING DECEMBER 31, 1921. DISBURSEMENTS Cr. 1921 Cr. 1920 By Academy for Blind $36,666.63 $40,000.00 Agricultural Schools 239,500.00 248,000.00 Albany Normal School (for Colored) 15,000.00 15,000.00 Binding Journals 550.00 550.00 Board of Health 90,590.00 91,090.00 Civil Establishment 438,228.93 361,152.62 Clerks' Cost, Supreme Court 691.25 1,661.95 College for Colored 20,000.00 35,000.00 Contingent Fund 51,389.02 24,686.71 Contingent Fund, R. R. Commission 3,000.00 3,000.00 Contingent Fund, Supreme Court 3,247.75 1,980.12 Contingent Fund, Court of Appeals 899.74 5,146.06 Coastal Plains Experiment Station 20,000.00 25,000.00 Department of Agriculture Insecticides and Fungicides 5,000.00 (a) Maintenance 17,000.00 18,000.00 (b) Pure Food 6,250.00 12,500.00 (c) Chemicals 13,000.00 18,500.00 (d) Contagious Diseases 10,000.00 1,000.00 (e) Hog Cholera Serum 17,000.00 24,000.00 (f) Inspectors' Salary, etc. 29,999.13 42,563.18 (g) Tick Eradication 25,000.00 32,000.00 (h) Veterinarian Expenses 1,618.00 1,148.30 Dept. of Agr. Warrants, Inspection of Fertilizers 41,941.03 55,661.84 Dept. of Archives and History 7,760.30 7,245.15 Dept. of Commerce and Labor 8,100.00 10,125.00 Experiment Station 4,987.48 8,773.84 Game protection Fund 3,600.00 4,500.00 Geological Fund 20,932.51 13,076.10 Georgia Medical College 55,000.00 55,000.00 Ga. Normal and Industrial College 112,500.00 112,500.00 Horticultural Fund 63,000.00 63,750.00 Illiteracy Commission 8,150.61 Incidental Expenses General Assem. 224.40 290.00 Indexing House and Senate Journals 150.00 Indian Spgs. Fund 105.00 105.00 Inspection of Oils 10,578.26 7,108.08 Insurance Public Buildings 5,293.53 4,996.01 Insurance Department Fund 9,200.00 11,425.00 Land Script Fund Interest 6,314.14 6,314.14 Legislative Pay Roll 117,174.56 113,083.76 Library Commission 6,000.00 Library Fund 4,375.56 3,916.79 Library Fund Reference Bureau 1,159.47 725.57 Library Fund Court of Appeals 285.50 1,368.63 Market Bureau 38,680.02 38,479.08 Military Fund 18,790.03 15,000.00 Contingent Fund Commerce and Labor 1,200.00 1,800.00 Dept. Public Printing 6,600.00 3,183.32 Furniture and Replacements, House and Senate 785,44 152.00 Georgia Military College 5,000.00 Highway Commission 1,804,672.21 1,795,133.96 Dept. Public Welfare 6,876.08 North Georgia A. M. College 30,000.00 30,000.00 Overpayment Taxes Refunded 8,448.54 29,688.47 Pension Fund 2,502,930.00 1,280,515.00 Printing Fund 50,000.48 51,986.37 Printing Fund, R. R. Commission 2,170.97 1,631.13 Prison Fund 120,000.00 120,000.00 Public Buildings and Grounds 74,988.15 60,266.28 Publishing Georgia Reports 8,813.50 12,386.14 Public Debt (a) Interest 238,393.75 235,690.00 (b) Sinking Fund 100,000.00 98,000.00 Rate Expert Fund 4,000.00 4,700.00 Reward Fund 2,150.00 1,000.00 Roster Fund 4,591.67 4,840.53 School for the Deaf 76,292.69 70,614.60 School Fund 3,918,780.04 3,335,338.48 School of Technology 254,479.00 125,000.00 School Mental Defectives 23,144.75 81,855.25 Soldiers' Home 50,031.00 49,969.00 Solicitor Generals' Fees 9,825.00 7,785.00 South Ga. A. M. College, Valdosta 63,125.00 72,500.00 Spec. Appro. Miscellaneous 4,404.82 Spec. Appro. Legislative Com. 1,323.43 8,526.03 State Normal School 104,000.00 74,000.00 State Sanitarium 891,334.00 1,191,334.00 State Sanitarium, Special 50,000.00 State University, Support Fund 109,364.84 108,000.00 State Univ. for Agri. College 132,500.00 132,500.00 State Univ. for Smith-Lever 114,962.96 119,585.08 State Univ. for Summer School 7,500.00 13,500.00 Stationery, General Assembly 192.38 Supervisor County Officers 336.39 Temporary Loan Refunded 716,961.10 150,595.84 Training School for Girls 35,000.00 35,000.00 Tuberculosis Sanitarium 56,000.00 59,750.00 Vocational Education 48,009.83 36,001.56 Vocational Rehabilitation 4,155.55 Summer School Colored Teachers 2,500.00 2,500.00 Training School, Boys 30,000.00 30,000.00 Library Commission 6,000.00 W. A. R. R. Com. 340.20 Public Welfare Board 15,000.00 Total Disbursements During Year $ 13,201,542.22 $ 11,055,325.37 To Balance in State Treasury 1,727,866.35 1,024,801.15 Aggregate $ 14,929,408.57 $ 12,080,126.52

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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. JAMES K. HINES 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. R. C. BELL Judge GEORGE W. STEVENS Reporter JOHN M. GRAHAM Assistant Reporter LOGAN BLECKLEY Clerk W. E. TALLEY Deputy Clerk P. W. DERRICK Sheriff

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Superior Court Calendar for 1922-1923 ALAPAHA CIRCUIT. HON. R. G. DICKERSON, Judge, Homerville. J. D. LOVETT, Solicitor-General, Nashville. AtkinsonThird Monday in February, and fourth Monday in October. BerrienThird and fourth Mondays in March and September. ClinchFirst Monday in April, and second Monday in October. CookFirst and second Mondays in March and November. ALBANY CIRCUIT. HON. W. V. CUSTER, Judge, Bainbridge. B. C. GARDNER, Solicitor-General, Camilla. BakerThird 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. WILLIAM D. ELLIS, GEORGE L. BELL, JOHN D. HUMPHRIES, SHEPARD BRYAN, 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. EvansFirst Mondays in April and October. LibertyThird Mondays in February and September. LongFirst Mondays in March and September. McIntoshFourth Monday in May, and first Monday in December. TattnallThird Mondays in April and October.

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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. 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 February, 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 DavisSecond Mondays in January, April, and July, and first Monday in October. WayneThird and fourth Tuesdays in April and November. CHATTAHOOCHEE CIRCUIT. HON. GEORGE P. MUNRO, Judge, 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. TaylorFirst and second Mondays in April and October.

Page 1158

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, May, August, and November. WilcoxFirst Monday in January, first and second Mondays in May, and first Monday in September. COWETA CIRCUIT. HON. C. E. ROOP, Judge, Carrollton. W. Y. ATKINSON, Solicitor-General, Newnan. 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 1159

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. LamarFirst Mondays in March and September. 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 1160

NORTHEASTERN CIRCUIT. HON. J. B. JONES, Judge, Gainesville. JOSEPH G. COLLINS, Solicitor-General, Gainesville. DawsonThird Monday in March, and first Monday in August. HabershamFirst Mondays in March and June, second Monday in August, and fourth Monday in November. 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. StephensFirst Mondays in January and July, and fourth Mondays in April 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.

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OCONEE CIRCUIT. HON. ESCHOL GRAHAM, Judge, McRae. M. H. BOYER, Solicitor-General, Hawkinsville. BleckleySecond and third Mondays in January and July. DodgeThird and fourth Mondays in May and November. MontgomeryFirst Mondays in February, May, August, and November. PulaskiSecond Mondays in March, June, September, and December. TelfairThird Mondays in April and October. TreutlenThird Mondays in February and August. WheelerSecond Monday in February, first Monday in June, and fourth Monday in September. OGEECHEE CIRCUIT. HON. HENRY B. STRANGE, Judge, Statesboro. 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. SeminoleThird Mondays in February, June, and October. TerrellThird Mondays in May and November. ROME CIRCUIT. HON. MOSES WRIGHT, Judge, Rome. E. S. TAYLOR, Solicitor-General, Summerville. ChattoogaSecond Mondays in March and September. FloydSecond Mondays in January, April, July, and October. WalkerThird Mondays in February and August.

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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 Monday in April and October. EcholsTuesdays after second Mondays in March and September. LanierSecond Mondays in January and July. 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. CampbellFirst and second Mondays in February and August. ClaytonThird Mondays in February, May, August, and November. DeKalbFirst Mondays in March, June, September, and December. NewtonFirst Monday in January, and third Mondays in March, July, and September. RockdaleThird Monday in January, and first Mondays in April, July, 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.

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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. MARION L. FELTS, Solicitor-General, Warrenton. 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 BrantleyFirst Monday in June, and fourth Monday in 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 FORTSON, Judge, Athens. W. O. DEAN, Solicitor-General, Monroe. BanksThird Mondays in March and September. BarrowFourth Monday in March, third Monday in June, fourth Monday in September, and third Monday in 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, May, August, and November.

Page 1165

INDEX A ABBEVILLE Mayor and Aldermen 446 Officers and elections 449 Public schools abolished 452 ADJOURNMENT; NOTIFICATION COMMITTEE 1120 ADRIAN Territorial limits changed 453 ADVERTISING See Official Advertising Organ. ADVERTISING AGENCIES Taxation of; amending Act 18 AGRICULTURE AND MECHANIC ARTS School for Negroes provided for 174 AGRICULTURAL AND MECHANICAL SCHOOLS Appropriations for 14 Lands in Bulloch County 1121 ALAMO Election to abolish public schools 453 ALBANY Amendments to charter; commission government 457 Board of education 454 Wards, correction of act of 1921 as to 1123 ALINE Repeal of charter 475 ALMA City court, election to abolish 201 AMENDMENTS Of constitution and code 24 , 36 Of previous acts 63 et seq.

Page 1166

AMERICUS Clerk and treasurer; election 475 Efficiency expert; office created 477 New charter 478 ANIMALS Cruelty to, defined 49 Fur-bearing, protection of 196 APPLING COUNTY Commissioners; amending act 325 Commissioners; election to ratify 330 APPROPRIATIONS Agricultural district schools 14 Board of Entomology; additional 7 Interest on Refunding Bonds 1124 Mansion Leasing Committee 1124 Maternity Hygiene 1125 Military Establishment; maintenance 9 North Georgia Agricultural College 14 Printing for 1920 and 1921 11 , 1127 Proceeds of sales of products from government area 10 School-fund deficiency 12 South Georgia State Normal College 14 State Sanitarium 13 Taxing-system committee 1126 Training School for Boys 8 Training School for Girls 9 University of Georgia; expenses of regents committee 1129 ARABI Elections in town of 528 ASHBURN City court; election to abolish 204 ATKINSON COUNTY Commissioners; election; monthly statement 332 ATLANTA Amendments to charter 529

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Municipal court; amending acts 206 , 208 , 209 Territorial limits extended 533 AUGUSTA Amendments to city charter 537 City board of health 536 Fire department; amending act 589 AUGUSTA CIRCUIT Judge's salary supplement 26 Solicitor-general's salary; payments by counties 304 , 307 AUSTELL Election to amend charter 591 B BAIL Not refused in misdemeanors 51 BAILIFFS Increase of pay in certain counties 50 BAKER COUNTY Superior court; terms 56 BALDWIN COUNTY Colony lands; determination of boundary 1131 Commissioners; payment of certain fees 333 BALLOTS See Elections. BANKING Amending acts of 1919 and 1920 63 BARROW COUNTY City court, election to establish 214 Superior court; terms 55 BIBB COUNTY Appropriations to Macon Hospital 334 BLACKSHEAR Police officials 593 BLUE RIDGE Elections in city 594

Page 1168

BOLTON Charter repealed 598 BOARDS See Entomology; Public-Welfare Board. BONDS See Local Acts; Sureties. Bail in misdemeanor cases 51 Deposit of, by mutual fire insurers 122 Schoolhouse bonds in certain counties 152 BOUNDARIES See Colony Lands; State Boundary. BOWDON Election of town councilmen 598 BRANTLEY COUNTY Boundaries changed 335 BRASTOWN CREEK Fishing prohibited 192 BRIDGES Building and repair; amending law 37 BROOKS, W. K. Relieved of liability as tax-collector 1142 BRUNSWICK Roads and bridges; construction out of city 599 BUDGET COMMISSION Investigating and budget commission created 128 BULLOCH COUNTY State lands for Agricultural and Mechanical School 1121 C CAIRO City court; jury trials in criminal cases 234 CALENDAR OF SUPERIOR COURTS 1156 CALHOUN, CITY OF School tax 600 CAMDEN COUNTY Fishing licenses for non-residents 338

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CAMPBELL COUNTY Depository established 338 Treasurer's office abolished 341 CANDLER COUNTY Commissioners' statement 342 CANON Amendments to city charter 601 School tax 603 CANTON New town charter 604 School-tax increase 627 CARL, TOWN OF Lawson, town of, changed to 882 CEDARTOWN Amendments to city charter 628 CHAMBLEE Amendments to town charter 631 CHARTERS See Municipal Corporations 445 CHATHAM COUNTY Precinct voting 343 CHATTAHOOCHEE CIRCUIT Judge's salary; payment by Muscogee County 24 CHILDREN Placing out, by others than relatives 72 CHILDREN'S CODE COMMISSION Creation of 71 CITY COURTS Acts relating to 201 et seq. CIVIL LAWS See Code Amendments; Laws. CLARKESVILLE Officers' salaries 638 CLAXTON City court; jury trials; terms; pay of officers 236 , 241

Page 1170

School-tax act 641 CLAYTON COUNTY Salary of treasurer 344 COAL DISTRIBUTION Railroad Commission designated for 1129 CODE AMENDMENTS Acts tabulated (for Penal 519 read Civil 3510) 36 Bail in misdemeanor cases (P. C. 958) 51 Bailiffs in certain counties; compensation. (P. C. 876) 50 Confederate Soldiers' Home, ex-officio trustees. (P. C. 1515) 79 Cruelty to animals defined (P. C. 755) 49 Depositories of State funds in Collins, Crawford, and Waynesboro; (C. C. 1249) 43 - 45 Ferries; building and repair (C. C. 755) 37 Innkeepers, limited liability for property of guests (C. C. 3510) 52 Married women as guardians of minors (C. C. 3037) 46 Mother made equal heir with father (C. C. 3931) 47 Official advertising organ in certain counties (C. C. 6065) 48 Road tax in certain counties (C. C. 695) 36 , 147 CODE COMMISSION Children's code commission 71 CODE OF SCHOOL LAWS Amended; text-books 150 COLLEGE PARK Amendments to city charter 642 COLLINS State depository in 43 COLONY LANDS Determination of boundaries authorized 1131 COLQUITT, CITY OF Levy of executions 669

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COLQUITT COUNTY Commissioners; record of expenditures 345 COLUMBUS Confirmation of title to J. T. Cooper 671 Free kindergarten association; sale of property 1116 Municipal court; costs and salaries 242 Territorial limits, election to extend 672 COMMERCE AND LABOR DEPARTMENT Workmen's compenation; amending acts 77 , 185 COMMITTEES Adjournment; notification committee 1120 Appropriations for committees 1124 , 1126 , 1129 CONFEDERATE SOLDIERS' HOME Ex-officio trustees 79 CONSTITUTION; AMENDMENTS PROPOSED 24 Augusta Circuit judgte's salary 26 Chattahoochee Circuit judge's salary 24 Peach County creation 28 COOLIDGE Amendments to charter 678 COOPER, J. T. Confirmation of title to 671 CORDELE New city charter 680 Water, light, and bond commission abolished 719 CORPORATIONS See Municipal Corporations. Issue of par and non-par stock 177 , 178 School corporations 1116 , 1117 COSTS Misdemeanor cases in certain counties 94 COTTON GROWERS' CO-OPERATIVE ASSOCIATION Marketing agreement authorized 1132 COUNTIES AND COUNTY MATTERS Acts tabulated 324

Page 1172

Bridges and ferries; building and repair 37 Demonstration and educational agents 81 Fire protection in certain counties 108 Fiscal year in certain counties 108 Jury commissioners; compensation in certain counties 132 No-fence law in certain counties 134 Paupers, support of, in certain counties 180 Payment of proceeds of sales from governmental-reservation area 10 Peach, new County of, proposed 28 Road tax in certain counties 36 , 147 Resolutions as to Jasper and Jones Commissioners 1135 , 1136 Sanitation in certain counties 142 Taxation ad valorem in certain counties 63 Tax-collections in certain counties 182 Tax-collectors as ex-officio sheriffs; repealing act 183 Taxes for educational purposes 81 Uniform county-manager government 82 COUNTY LINES Conference to settle, between Dade and Walker, Georgia, and Hamilton and Marion, Tenn. 1139 COURTS See City Courts; Costs; Justices' Courts; Municipal Courts; Superior Courts; United States. Certain cases given precedence for trial 96 COVINGTON Street improvements in city 720 CRAWFORD State depository in 44 , 45 CRAWFORDVILLE Elections in city 723 CREST Charter of town repealed 724 CRIMINAL LAW See Penal Laws. CROPS Growing crops declared personalty 114

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CRUELTY TO ANIMALS Code definition 49 D DADE COUNTY Tennessee line, conference as to 1139 DANVILLE New town charter 725 DAWSON City court; jurors; judge's salary 244 DAWSON COUNTY Payment of proceeds of sales of products from government area 10 DECATUR Amendments to city charter 745 City court established 248 Restricted residence districts 745 Town changed to city 749 DEPARTMENTS See Commerce and Labor; Highway Department. DEPOSITIONS Return and transmission of 127 DEPOSITORIES See Counties. Additional State depositories 43 - 45 DISTRICT SCHOOLS Appropriations for 14 DOERUN New city charter 751 DONALSONVILLE Amendments to charter; made a city 784 DOOLY COUNTY Superior court; terms 57 DOUGHERTY COUNTY Board of commissioners, election to establish 346

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DOUGLAS Mayor and councilmen; elections, terms, etc 791 DUNWOODY, E. W. Relief of, as surety 1132 E EARLY COUNTY Commissioners; terms; compensation 353 EAST POINT Police department 795 School bonds; election 799 Ward divisions; referendum 805 EASTMAN Amendments to charter 808 City court; terms 253 ELBERT COUNTY Board of commissioners, election to establish 354 ELBERTON Registration of voters 819 ELECTIONS See City Courts; Local and Special Laws relating to Counties and Municipal Corporations. Schoolhouse bonds 152 School tax 153 Secret ballot, and other regulations 97 ELLAVILLE City court; fees 255 ENTOMOLOGY Appropriation additional fund to board 7 EVANS COUNTY Commissioners; amending act 357 EXPOSITION See Maritime Exposition. F FAIR See World's Fair.

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FANNIN COUNTY Payment of proceeds of sales of products from government area 10 FEDERAL LAWS See United States. FEMALES See Married Women; Mothers. Payment of poll-taxes 21 FENCES Non-voters in no-fence districts 134 FERRIES Building and repairing of 37 FIRE See Insurance. Assistant State Fire Inspector 120 Protection against, in certain counties 108 FISCAL YEAR May be designated for certain counties 108 FISHING In Brastown Creek, prohibited 192 Tackle regulated 195 FITZGERALD Amendments to city charter 820 FRANKLIN COUNTY Salary of treasurer 361 FREE KINDERGARTEN ASSOCIATION Transfer of title to 1116 FREE PASSES See Railroad Passes. FRY New town charter 822 FUEL DISTRIBUTORS Exemptions from tax act of 1921 19 FUR-BEARING ANIMALS See Animals. G GAINESVILLE Amendments to city charter; referendum 834

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GAME LAWS See United States. GENERAL ASSEMBLY Adjournment; notification committee 1120 GEORGIA MILITARY COLLEGE Election of trustees 110 GEORGIA REPORTS Delivery by Librarian to U.S. District Court 1144 GEORGIA SCHOOL OF TECHNOLOGY Tuition chargeable 114 GEORGIA STATE COLLEGE FOR WOMEN Normal and Industrial College changed to 135 GEORGIA STATE SANITARIUM See State Sanitarium. GEORGIA STATE WOMAN'S COLLEGE AT VALDOSTA South Georgia State Normal College changed to 174 GEORGIA TRAINING SCHOOLS Appropriations for maintenance 8 , 9 GLASCOCK COUNTY Commissioner's office abolished; board of commissioners created 362 GLYNN COUNTY Territorial grant to 370 GORDON COUNTY Road law repealed 369 GOVERNMENT See Counties; Municipal Corporations; United States. GOVERNOR Conference to determine State and county lines 1139 GREENSBORO Tax assessments, notice of 867 GUARDIANS OF MINORS Married women as 46

Page 1177

HALL, J. B. Relief of Maryland Casualty Company as surety for 1137 HALL COUNTY City-court salaries 256 HALL OF FAME Statues designated for 1141 HARALSON COUNTY Commissioners, compensation of 370 HAWKINSVILLE Registration of voters 870 HAZLEHURST Amendments to city charter 871 City court abolished 257 School taxes; fees 875 HEALTH AND SANITATION Sanitary regulations in certain counties 142 Tuberculosis Sanatorium, maintenance and regulation 184 HEIRS Mother inherits equally with father 47 HENRY FORD PROPOSAL Muscle Shoals; recommendation of acceptance 1139 HIGHWAY DEPARTMENT Amending act 115 Purchase of materials 117 HIGHWAYS State-aid roads in certain places 176 HOTELS See Inkeepers. HOUSTON COUNTY Board of commissioners abolished, and created 372 City court; judgments and terms 259 HYGIENE See Health and Sanitation; Maternity Hygiene.

Page 1178

I INHERITANCE See Heirs. INKEEPERS Liability for guests' property limited 52 INSANE See State Sanitarium for Insane. INSURANCE Assistant State Fire Inspector 120 Grounds for revoking licenses 125 Mutual fire companies' deposits of bonds 122 Workmen's compensation; amending acts 77 , 185 INTERROGATORIES Return and transmission of 127 INTERSTATES Mother made equal heir with father 47 INVESTIGATING AND BUDGET COMMISSION Creation of 128 J JACKSON, P. P. Relief of, as surety 1134 JASPER COUNTY Commissioners; bonds of successors 377 Commissioners, popular election of 1135 JEFF DAVIS COUNTY Board of commissioners abolished 378 Office of commissioner created 378 Superior court; terms 58 JEFFERSONVILLE Clerk and marshal; fees 876 JENKINS COUNTY Commissioners; election as to membership 389 JESUP Amendments to charter 879 JONES COUNTY Commissioners; election to enlarge membership 1136

Page 1179

JUDGES Salaries in Augusta and Chattahoochee Circuits 24 , 26 JUDICIAL CIRCUITS See Solicitors-General; Superior Courts. JURIES AND JURORS See City Courts, 201 et seq. JURY CCOMMISSIONERS Compensation in certain counties 132 JUSTICES' COURTS Quarters for holding 132 K KEARSE, J. J. Relief of, as surety 1142 L LABOR See Commerce and Labor. LAMAR COUNTY Board of commissioners created 392 Board of education, election to create 400 LANDSCAPE ARCHITECTS See Nurserymen. LAURENS COUNTY Jurisdiction of Rockledge public schools 959 LAWS CIVIL AND PENAL, MISCELLANEOUS 62 LAWSON, TOWN OF Changed to Carl 882 LEE COUNTY Commissioners; amending act 404 LICENSES Insurance licenses; grounds for revoking 125 Nurserymen, etc. 136 LINCOLNTON Elections of town officers 883 LOCUST GROVE New town charter 885

Page 1180

LONG, CRAWFORD W. Statue designated for Hall of Fame 1141 LOUISVILLE City court; amending act 261 City court; sales under execution 263 LOVEMAN, ROBERT Poem, Georgia, for State song 1141 LOWNDES COUNTY Commissioners; amending act 407 LUMPKIN COUNTY Payment of proceeds of sales of products from government area 10 LYONS Abolishment of public schools 900 City court; election to establish 264 M MACON Amendments to city charter 901 Hospital, county appropriations to 334 MACON CIRCUIT Solicitor-general's salary; fee system abolished 309 MADISON Salaries of officers 907 MANN, F. R. Relief of, as surety 1142 MANSION LEASING COMMITTEE Appropriation for expenses 1124 MARIETTA Tax to pay city indebtedness 908 MARITIME EXPOSITION Authorized to be held in 1926 1144 MARKETING Cotton Growers' Co-operative Association 1132

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MARRIED WOMEN As guardians of minors 46 MARYLAND CASUALTY COMPANY Relief of, as surety 1137 MATERNITY HYGIENE Appropriation for 1125 MAYORS Officers pro tem. of municipal police courts 133 McCAYSVILLE Election of mayor and councilmen 909 METTER City court; jury trials 280 MILITARY ESTABLISHMENT Appropriation for maintenance 9 MILITIA DISTRICTS Justices' Courts, quarters for holding 132 MILLEDGEVILLE Elections of trustees of Georgia Military College 912 MINORS Married women as guardians of 46 MISDEMEANOR CASES Bail, not to be refused 51 Costs in 94 MORGAN COUNTY Commissioners; election; terms of office 410 MOTHER Equal heir with father 47 MUNICIPAL CORPORATIONS Acts tabulated 445 Police-court officers pro tem. 133 Tuberculosis Sanatorium, contributions to 184 MUNICIPAL COURTS See Police Courts. Atlanta; affidavits and warrants; jurisdiction; salaries 206 - 213 Columbus; costs and salaries 242

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MUSCLE SHOALS Henry Ford proposal recommended 1139 MUSCOGEE COUNTY Legal sales; repealing act 411 Superior Court; judge's salary increase 24 MUTUAL FIRE INSURERS See Insurance. N NATIONAL FOREST RESERVATION Proceeds of sales of products 10 NEGROES See Agricultural and Mechanic Arts. NICHOLLS Amendments to city charter 913 NICHOLSON Amendments to town charter 917 NO-FENCE LAW See Fences. NORCROSS, TOWN OF Elections; fines imposable 919 NORMAL AND INDUSTRIAL COLLEGE Changed to Georgia State College for Women 135 NORTH GEORGIA AGRICULTURAL COLLEGE Appropriation for 14 NORTHEASTERN CIRCUT Solicitor-general; fees instead of salary 314 NURSERYMEN Licensing of 137 O OFFICERS See Recorders. OFFICIAL ADVERTISING ORGAN Counties exempted from code regulation 48 OGLETHORPE City court; terms 281

Page 1183

P PAULDING COUNTY Duties of ordinary 412 PAUPERS Support of, in certain counties 180 PEACH COUNTY Creation of, proposed 28 PEARSON Amendments to city charter 921 PENAL LAWS See Code Amendments; Municipal Charters. Bail in misdemeanor cases 51 Brastown Creek; fishing prohibited 192 Cruelty to animals 49 Fishing otherwise than with hook and line 195 Fur-bearing animals; amending act 196 Venue, change of 193 PERSONALTY Growing crops declared to be 114 POLICE COURTS Officers pro tem. 133 POLL-TAX Payable by female voters 21 PRACTICE AND PROCEDURE See Courts. PRINTING, PUBLIC Appropriation for State's indebtedness 11 PUBLIC SANITATION Regulation of, in certain counties 142 PUBLIC-SERVICE COMMISSION Railroad Commission becomes; duties extended 143 PUBLIC-WELFARE BOARD Duties and powers as to children 72 PULASKI COUNTY Commissioners; amending act 413 Salary of treasurer 415

Page 1184

Q QUITMAN City court; civil jurisdiction 282 R RABUN COUNTY Payment of proceeds of sales of products from government area 10 RAILROAD COMMISSION Changed to Public-Service Commission 143 Coal-distribution commission 1129 RAILROAD PASSES Lawful, to sheriffs annually 173 RECORDERS Pro tem., in municipal police courts 133 REGISTRATION OF VOTERS See Municipal Corporation Acts. Females; poll-tax 21 Resolutions 1119 REX City charter repealed 923 RICHLAND New city charter 925 Public schools, abolishment of 924 RICHMOND COUNTY Judge's salary; supplement proposed 26 ROADS See Highways. Road tax; amending act; in what counties 36 , 147 ROCKLEDGE Schools under county jurisdiction 959 S SAINT MARYS Tax-assessment appeals; bonds 960 SALARIES See Judges; Solicitor-General.

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SANDERSVILLE City court; costs; fines 282 School tax additional 963 SANITATION See Health and Sanitation. SANITARIUMS State Sanitarium; deficiency appropriation 12 Tuberculosis Sanatorium; maintenance and regulation 184 SAVANNAH Amendments to charter 965 SCHLEY COUNTY Salary of treasurer 415 SCHOOLS See Appropriations; Training Schools. Also Acts Relating to Counties and Municipalities. Agricultural and Mechanical School; lands in Bulloch county 1121 Agriculture and Mechanic Arts; School for Negroes 175 Appropriation for school-fund deficiency 13 Appropriations for sundry educational institutions 14 Building site on State Farm 1140 Code of school laws amended; text-books 150 Columbus Free Kindergarten Association 1116 Consolidation; payment from State funds 151 County demonstration and educational agents 81 Election on additional school tax 153 Election on schoolhouse bonds 152 Georgia Military College; election of trustees 110 Normal and Industrial College changed to Georgia State College for Women 135 South Georgia State Normal College; change of name 174 State Farm, schol-building site on 1140 Technological School; tuition chargeable 114 Temperance Day, observance of 183 Text-books in certain counties 150 Text-books required 154 Tom School District; repealing act 1117

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University of Georgia; payment of regents committee 1139 SECURITIES COMMISION Amending act 156 SHARON Amendments to charter 971 SHERIFFS See Tax Collectors. Railroad passes may be issued to, annually 173 SOLDIERS See Confederate Solders' Home. SOLICITORS-GENERAL Salaries and fees in several circuits 304 SONG See State Song. SOUTH GEORGIA STATE NORMAL COLLEGE Appropriation for 14 Changed to Georgia State Woman's College at Valdosta 174 SOUTHERN CIRCUIT Solicitor-general's salary instead of fees 316 Solicitor-general's salary; repealing act 315 SPARTA Board of Education; amending act 974 STAPLETON Election to abolish public schools 976 STATE-AID ROADS See Highways. STATE BOARDS See Entomology; Public-Welfare Board. STATE BOUNDRY; TENNESSEE Governor's conference to settle 1139 STATE DEPOSITORIES Additions to, authorized 43 - 45 STATE FARM School-building site provided 1140

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STATE SANATORIUM FOR TUBERCULAR PATIENTS Maintenance and regulation 184 STATE SANITARIUM FOR INSANE Boundaries of Colony Lands 1131 Deficiency appropriation 13 STATE SONG Georgia designated as 1141 STATE TREASURER'S REPORT 1150 STATESBORO City court; costs and fees 285 City court; Judge's salary 286 STATHAM, TOWN OF Tax rate 977 STATUES Of Georgians, for National Hall of Fame 1141 STEPHENS, A. H. Statue designated for Hall of Fame 1141 STEPHENS COUNTY Superior court; terms; grand juries 59 STOCK SHARES Par and non-par stock issues by corporations 177 , 178 STONE, H. B. Relief of, as surety 1133 SUMMERVILLE City court abolished 298 City court established 287 SUPERIOR COURTS Acts tabulated; changes in terms 55 Judges salaries in two circuits 24 , 26 Times of sessions 1156 SURETIES RELIEVED Dunwoody, E. W. 1133 Jackson, P. P. 1134

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Kearse, J. J. 1142 Mann, F. R. 1142 Maryland Casualty Company 1137 Stone, H. B. 1133 Varnedoe, L. S. 1133 Williams, T. J. 1142 Yancey, N. A. 1142 SWAINSBORO City court; terms 299 SYLVANIA Public-school system abolished 978 SYLVESTER Territorial limits extended 979 T TALIAFERRO COUNTY Commissioners; amending act 416 TATTNALL COUNTY Commissioners; amending act 418 Commissioners, compensation of 420 Superior court; terms 59 TAXATION AND TAXES See County and Municipal Acts. Ad valorem rate in certain counties 63 Advertising agencies 18 Collections in certain counties 182 County educational purposes 81 Fuel distributors, exemptions 19 Poll tax; payment by females 21 Road tax in certain counties 36 , 147 School-tax elections 153 TAX-COLLECTORS In certain counties, ex-officio sheriffs; Act of 1919 repealed 183 Emanuel and Telfair Counties; collector and sureties relieved 1137 , 1142

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TAX COMMITTEE Appropriation for 1126 TAYLOR COUNTY Treasurer's office; act of 1919 repealed 421 Treasurer's office established 422 TECHNOLOGICAL SCHOOL See Georgia School of Technology. TELFAIR COUNTY Tax-collector and sureties relieved 1142 TEMPERANCE DAY Observance of, required in schools 183 TENNESSEE Boundary-line conference 1139 TEXT-BOOKS Schools 150 , 154 THOMASVILLE City court; jury trials 302 Voting list; amendment to city charter 981 TIFTTON Gas, electric, and waterworks 982 TITLE Confirmation of, to J. T. Cooper 671 Transfer of, to Columbus Free Kindergarten Association 1116 TOM SCHOOL DISTRICT Repealing act 1117 TOOMBS COUNTY City Court abolished 302 TOWNS COUNTY Payment of proceeds of sales of products from government area 10 TREASURER'S REPORT 1150 TRAINING SCHOOL FOR BOYS Deficiency appropriation 8

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TRAINING SCHOOL FOR GIRLS Appropriation for maintenance 9 TUBERCULOSIS SANATORIUM Maintenance and regulation 184 TYBEE New town charter 987 U UNION COUNTY Payment of proceeds of sales of products from government area 10 UNIVERSITY OF GEORGIA Appropriations for board of trustees 14 Appropriation for regents committee 1129 UNITED STATES District Court, delivery of Reports to 1144 Federal game regulations 106 Forest Reserve, proceeds of sales from 10 Henry Ford proposal recommended to 1139 V VALDOSTA Public amusement park 1003 VARNEDOE, L. S. Relief of, as surety 1133 VENUE Change of, in criminal cases 193 VIDALIA New city charter 1004 W WALKER COUNTY Commissioners, and road districts 424 Commissioners, election of 426 Tennessee line, conference as to 1139

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WALTON COUNTY Superior court; terms 60 WARE COUNTY Bond commission; election; term of office 428 WARRENTON Board of education; election; terms of office 1062 WARWICK New town charter 1065 WASHINGTON School tax 1085 Territorial limits extended 1086 WAYCROSS Charter amended; commission and manager 1087 WAYNESBORO State depository in 45 Street improvements 1111 WHIGHAM Tax executions; costs 1114 WILCOX COUNTY Board of commissioners abolished 428 Board of commissioners created 430 Superior court; terms 61 WILKES COUNTY Office of road builder 440 WILLIAMS, T. J. Relief of, as surety 1142 WOMEN See Females; Married Women. WORKMEN'S COMPENSATION Act of 1920 amended 185 Commerce and Labor Department; officers 77 WORLS'S FAIR Authorized to be held in 1926 1144

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WYLEY, LOLLIE BELLE Composition designated as State song 1141 Y YANCEY, W. A. Relief of, as surety 1142 YEAR See Fiscal Year.