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: FOOTE DAVIES CO. 19230000 English Page 1 ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1923 19230000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE 1923 FOOTE DAVIES CO., STATE PRINTERS ATLANTA, GA. Page 3 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 Page 5 STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1923 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. Page 7 TITLE I. Appropriations. ACTS. Agricultural, Industrial and Normal School for the Training of Colored Teachers; Equipment. Board of Public Welfare; Child Placing Act. Georgia State Sanitarium; Deficiency. Georgia Training School for Boys; Replacement. Georgia Training School for Mental Defectives; Maintenance; Act of 1921 Amended. Public Printing in 1923; Deficiency. State Government; Ordinary Expenses for Fiscal Years 1924 and 1925. State Normal School; Deficiency in Maintenance. AGRICULTURAL, INDUSTRIAL AND NORMAL SCHOOL FOR THE TRAINING OF COLORED TEACHERS; EQUIPMENT. No. 85. An Act to appropriate the sum of $15,000.00 to the Trustees of the University of Georgia for the use of the Agricultural, Industrial and Normal School for Training of Colored Teachers at Albany, Georgia, for the purpose of providing agricultural equipment for the said institution and for the additional purpose of heating, plumbing and Page 8 equipping the main building on said premises known as Caroline Hall and for needed repairs on other buildings, and for other purposes. Section 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 $15,000.00 be and the same is hereby appropriated to the Trustees of the University of Georgia, for the use of the Agricultural, Industrial and Normal School for the Training of Colored Teachers at Albany, Georgia, for the purpose of providing agricultural equipment for the said institution and for the additional purpose of heating, plumbing and equipping the main building on said premises known as Caroline Hall, and for needed repairs on other buildings. $15,000 for Agricultural, Industrial and Normal School for Training of Colored Teachers. Sec. 2. Be it further enacted by the authority aforesaid, That the said appropriation of $15,000.00 is to be paid first out of the monies arising from the inspection of oil and fertilizer not otherwise appropriated, and second out of funds in the treasury not otherwise appropriated. Monies used derived from inspection of Oils and Fertilizers. This appropriation shall not be paid until the appropriations passed of 1921 session of the General Assembly are paid in full and in event the appropriation passed in 1921 consumes all the revenue for 1923, this appropriation is null and void. When paid and when not paid. Provided, further, that this appropriation shall not be paid out of, nor in any way affect the one-half of state revenue as set apart for the common school fund. Common school fund 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 18, 1923. Page 9 BOARD OF PUBLIC WELFARE; CHILD PLACING ACT. No. 516. An Act to appropriate the sum of $5,000 for each of the years 1924 and 1925 for the purpose of carrying out the beneficial provisions of an Act of the General Assembly of Georgia of 1922 known as the Child Placing Act approved August 19, 1922. 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 five thousand dollars for each of the years 1924 and 1925 be, and the same is hereby appropriated to the Board of Public Welfare; the same to be used by said board in carrying out the beneficial provisions of an Act of the 1922 General Assembly known as the Child Placing Act, approved August 19, 1922. $5,000 to Board of Public Welfare for 1924 and 1925. Usebeneficial provisions of Child Placing Act, 1922. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 20, 1923. GEORGIA STATE SANITARIUM; DEFICIENCY. No. 230. An Act to appropriate the sum of $239,864.68 for the purpose of supplying a deficiency in the maintenance of the Georgia State Sanitarium for the year 1923, 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 two hundred thirty-nine thousand eight hundred sixty-four dollars and sixty-eight cents be and the same is hereby appropriated to the Georgia State Page 10 Sanitarium 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 year 1923, the same to be paid out of the funds in the treasury not otherwise appropriated. $239,864.68 for Georgia State Sanitarium. Deficiency in maintenance for 1923. 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 18, 1923. GEORGIA TRAINING SCHOOL FOR BOYS; REPLACEMENT. No. 300. An Act to appropriate $2,000.00 to the Georgia Training School for Boys for the purpose of building a barn, 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 appropriated the sum of $2,000.00, or so much thereof as may be necessary, to the Georgia Training School for Boys located in Baldwin County for the purpose of building a barn on said property to replace a barn recently consumed by fire, this sum to be immediately available for this purpose. Provided, this appropriation shall not be paid until the appropriations passed of 1921 session of the General Assembly are paid in full and in event the appropriations passed in 1921 consumes all the revenue for 1923 this appropriation is null and void. Provided, further, that this appropriation shall not be paid out of, nor in any way affect the one-half of State revenue as set apart for the common school fund. $2,000.00 for Georgia Training School for Boys; replacement. Payment conditional. Common school fund not affected. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. Page 11 GEORGIA TRAINING SCHOOL FOR MENTAL DEFECTIVES; MAINTENANCE; ACT OF 1921 AMENDED. No. 56. An Act to amend an Act of the General Assembly, Acts of 1921, page 31, entitled An Act to appropriate the sum of five thousand dollars ($5,000) to become immediately available for the use and maintenance of the Georgia Training School for Mental Defectives for and during the remainder of the year 1921 and also the sum of twenty-five thousand dollars ($25,000) for the use and maintenance of the Georgia Training School for Mental Defectives for the year 1922, and for other purposes, so as to provide for amending the caption of said Act by providing for an appropriation of twenty-five thousand dollars ($25,000) for the year 1923; also to amend Section Two of said Act by striking the words for and during the years 1922 and 1923 in fourth and fifth lines of said section, and inserting in lieu thereof the words for the year 1922 and twenty-five thousand dollars ($25,000) for the same purpose for the year 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 an Act of the General Assembly, Acts 1921, page 31, entitled An Act to appropriate the sum of five thousand dollars ($5,000) to become immediately available for the use and maintenance of the Georgia Training School for Mental Defectives for and during the remainder of the year 1921 and also the sum of twenty-five thousand dollars ($25,000) for the use and maintenance of the Georgia Training School for Mental Defectives for the year 1922, and for other purposes, be amended by adding after the figures 1922 in the seventh line of the caption thereof the following words: And also the sum of twenty-five thousand dollars ($25,000) Page 12 for the use and maintenance of the Georgia Training School for Mental Defectives for the year 1923. Act of 1921 amended. $25,000 for Georgia Training School for Mental Defectives; maintenance. Sec. 2. Be it further enacted by the authority aforesaid, That section two of said Act be amended by striking the words for and during the years 1922 and 1923 in the fourth and fifth lines of said section, and inserting in lieu thereof the words for the year 1922 and twenty-five thousand dollars ($25,000) for the same purpose for the year of 1923. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 1, 1923. PUBLIC PRINTING IN 1923; DEFICIENCY. No. 508. An Act to appropriate the sum of twenty thousand dollars or so much thereof as may be necessary, to be used by the Governor in the payment of deficiency bills for the State printing for the balance of the year 1923, and for other purposes. Whereas, For several years the Governor's general printing fund for the State of Georgia has been fifty thousand dollars a year which even in the days of much lower prices was inadequate to meet the demands on this general fund, requiring frequent deficiency appropriations up to and including 1922; and Preamble. Whereas, All departments of the State have grown and expanded during the years 1919, 1920, 1921, 1922 and 1923, years of high prices on all lines in which labor was required, and at the same time the various State departments whose printing requirements must be paid out of the Governor's printing fund have greatly increased, while several Page 13 new and large departments have been added thereto with and increased and increasing budgets of printing, and no additional appropriations have been made therefor; and Whereas, In the view of these facts, there is now a large accumulation of unpaid bills in the Governor's office, with other large bills soon to follow, and the printing fund for 1923 has already been exhausted in spite of the great savings made by the Printing Department in handling the State's printing under competitive bids, owing also to this great increase in the State's printing budget and the reduction of the fund during the last two years from $50,000 to $40,000, a sum shown to be totally inadequate to meet the State's printing requirements for its growing departments; therefore, Preamble. Section 1. Be it enacted by the General Assembly of Georgia, That the sum of twenty thousand dollars, or so much thereof as may be necessary, is hereby appropriated as an additional fund to be disbursed by the Governor for the payment of properly approved bills for printing now due and to become due during the balance of the year 1923, the same to be supplemental to the forty thousand dollars appropriated for said year 1923 and which has already been exhausted. $20,000 added to public printing fund for 1923. 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 18, 1923. STATE GOVERNMENT; ORDINARY EXPENSES FOR FISCAL YEARS 1924 AND 1925. No. 200. An Act to make, for the fiscal years 1924 and 1925, appropriations fixed by previous laws, for the ordinary expenses Page 14 of the Executive, Legislative and Judicial Departments of the State Government, for the payment of public debt and the interest thereon, the support and maintenance of the public institutions and educational interests of the State. 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 sums of money hereinafter set out, or so much thereof as may be needed, be, and the same are, hereby appropriated for the fiscal years 1924 and 1925, and for the objects and purposes stated. Ordinary expenses for State Government for 1924 and 1925. Division A. Executive Department. Section 1. Governor's office. Subsection 1. Items: (a) For the salary of the Governor $ 7,500.00 Executive Department Governor's office Governor; salary. (b) For the salaries of the secretaries and clerks in the Governor's office 10,000.00 Secretaries and clerks. (c) For the salary of a messenger for the Executive Department as provided by law 950.00 Messenger. (d) For a contingent fund, to be expended by the Governor, according to law 25,000.00 Contingent fund. (Provided, that from the above sum the expenses of the Governor, incurred in the transaction of business for the State, shall be paid on itemized statements signed by him, and such expenses shall include the actual traveling expenses of any clerical help the Governor may in his discretion deem necessary.) Proviso as to traveling expenses and certain clerical help. (The Governor shall require of the superintendent (or the treasurer or official having charge of the finances of any institution or department) a monthly statement of all expenses, itemized and sworn to before issuing any warrants.) Sworn, itemized monthly statements necessary; from whom; before warrant issue. (e) For a reward fund to be expended by the Governor according to law $ 3,000.00 Reward fund. Page 15 Section 2. Office of Secretary of State. Subsection 1. Items: (a) For the salary of the Secretary of State 2,000.00 Office of Secretary of State Secretary of State; salary. (b) For the salary of a clerk to the Secretary of State 1,000.00 Clerk. Section 3. Office of the Comptroller-General and Insurance Commissioner. Subsection 1. Items: (a) For the salary of the Comptroller-General 2,000.00 Office of Comptroller-General and Insurance Commissioner Comptroller-General; salary. (b) For the salary of a chief clerk to the Comptroller-General 1,800.00 Chief clerk. (c) For the salary of an insurance clerk in the office of the Comptroller-General 2,400.00 Insurance clerk. (Provided, that $1,200.00 of the above appropriation shall be paid from the insurance fees, as provided by law.) Proviso. (d) For the salary of a clerk in the Wild Land Department 1,000.00 Wild Land Department clerk. (e) For the salary of a Public Service Corporation Tax clerk 1,200.00 Public Service Corporation Tax clerk. (f) For the salary of the Insurance Commissioner 3,000.00 Insurance Commissioner; salary. (g) For the salary of a Deputy Insurance Commissioner 3,000.00 Deputy Insurance Commissioner; salary. (h) For the salary of an insurance clerk in the office of the Insurance Commissioner $ 2,000.00 Insurance clerk. Page 16 Section 4. Office of the State Treasurer. Subsection 1. Items: (a) For the salary of the State Treasurer 4,800.00 Office of State Treasurer State Treasurer; salary. (b) For the salary of the Assistant Treasurer 3,600.00 Assistant Treasurer; salary. (c) For clerical expenses 6,000.00 Clerical expenses. Section 5. Office of the Attorney-General. Subsection 1. Items: (a) For the salary of the Attorney-General 5,000.00 Office of Attorney-General Attorney-General; salary. (b) For the salary of an assistant to the Attorney-General 2,500.00 Assistant Attorney-General; salary. (c) For the salary of a stenographer to the Attorney-General 1,500.00 Stenographer. Section 6. Educational Department and Educational Institutions. Subsection 1. Educational Department. Items: (a) For the salary of the State Superintendent of Schools 2,000.00 Educational Department State Superintendent of Schools; salary. (b) For the salary of a clerk in the State Department of Education 1,200.00 Clerk. (c) For the support and maintenance of the common or public schools of the State for each of the years 1924 and 1925 4,250,000.00 Maintenance of public schools for 1924 and 1925. (Provided, further, that twenty thousand dollars of the common school funds above the four million two hundred fifty thousand dollars be devoted to the holding of teachers' institutes in at least twenty places in the State, under the direction of the State Superintendent of Schools.) Proviso as to teachers' institutes. (Provided, that should the total revenue of the State exceed the sum of $8,500,000.00 per year, then one-half of the excess of each of said years is hereby appropriated in addition to the above appropriation in accordance with the Act approved August 19, 1919.) Proviso as to additional appropriation to public school fund. (Provided, that this appropriation shall be composed of special funds and taxes as provided by the Constitution of this State, and shall be kept and expended under the provisions governing same.) Proviso as to special funds and taxes. (d) For the use of the State Board of Vocational Education to meet the requirements of the Act of Congress approved August 23, 1917 $ 39,000.00 State Board of Vocational Education; Act of Congress 1917. (e) For each of the fiscal years of 1924 and 1925 for the use of the State Board of Vocational Education to meet the requirements of the Act of Congress approved June 2, 1920, for the vocational rehabilitation of disabled persons under authority of an Act of the Legislature approved August 16, 1920, the sum of 21,353.28 State Board of Vocational Education; Act of Congress 1920. Act of 1920. Page 17 Subsection 2. Educational Institutions. Items: (a) For the support and maintenance of the University of Georgia 85,000.00 Educational Institutions University of Georgia; maintenance. (b) For the support and maintenance of the University Summer School 6,000.00 University Summer School; maintenance. (c) For the support and maintenance of the Georgia School of Technology $ 112,500.00 Georgia School of Technology; maintenance. (c-1) For maintaining a course in ceramics at the Georgia School of Technology 10,000.00 Course in ceramics; School of Technology. (d) For the support and maintenance of the State College of Agriculture 80,000.00 State College of Agriculture; maintenance. (Provided, that not more than $5,000.00 of all monies appropriated to the State College of Agriculture shall be used in payment of the salary of the president thereof, and provided further, that in the event the said president shall receive any salary or fees from funds appropriated by the Federal Government, then only such monies shall be used from the State appropriation as will, added to the Federal fund, total $5,000.00.) Proviso as to salary of president and Federal aid. (e) For the State College of Agriculture for 1923 100,000.00 State College of Agriculture for 1923. (e-1) For the State College of Agriculture for 1924 100,000.00 State College of Agriculture for 1924. (Provided, that this appropriation shall be used to meet the requirements of what is known as the Smith-Lever bill and shall become available July 1st, 1923, and 1924.) Proviso as to Smith-Lever bill. (f) For the support and maintenance of the Bowdon State Normal and Industrial College 15,000.00 Bowdon State Normal and Industrial College. (g) For the State College of Agriculture 35,000.00 College of Agriculture. (Provided, that the above appropriation shall be used for extension work in co-operation with the United States Department of Agriculture.) Proviso as to co-operation with U. S. Department of Agriculture. (h) For the State College of Agriculture $ 2,250.00 College of Agriculture. (Provided, that the above appropriation shall be used for holding field meetings and farmers' institutes.) Proviso as to meetings and farmers' institutes. (i) For the support and maintenance of twelve District Agricultural Schools 180,000.00 District Agricultural Schools. (Provided, that the above sum shall be equally apportioned among the said schools, each school receiving $15,000.00.) Proviso as to equal division. (j) For the support and maintenance of the North Georgia Agricultural College 27,000.00 North Georgia Agricultural College. (k) For the support and maintenance of the State Medical College 35,000.00 State Medical College. (k-1) For teaching hygiene and public health, the sum of 14,500.00 Teaching hygiene and public health. (k-2) For the medical department of the University of Georgia for the years 1924 and 1925 to meet the conditions of donations from the Carnegie Corporation and the General Education Board per annum for each of the years of 1924 and 1925, the sum of 20,000.00 Medical department of University of Georgia; meet conditions of Carnegie Corporation and General Education Board. (l) For the support and maintenance of the State Normal School, the sum of 63,000.00 State Normal School; maintenance. (m) For the support and maintenance of the State College for Women, including a summer term, the sum of 90,000.00 State College for Women; summer term. For carrying on extension work, the sum of 12,500.00 Extension work. (n) For the support and maintenance of the Georgia State Woman's College at Valdosta 40,000.00 Georgia State Woman's College; maintenance. (o) For the support and maintenance of the Georgia Industrial and Normal School for Colored Youths $ 10,000.00 Industrial and Normal School for Colored Youths. (p) For the support and maintenance of the Georgia Agricultural, Industrial and Normal School for Colored Teachers 15,000.00 Agricultural, Industrial and Normal School for Colored Teachers. (q) For maintenance of Summer School for Colored Teachers 2,500.00 Summer School for Colored Teachers. (r) For the support and maintenance of the School of Agriculture and Mechanic Arts for Training Negroes at Forsyth, Georgia, the sum of 5,000.00 School of Agriculture and Mechanic Arts for Training Negroes. (Provided, that $1,000.00 of this sum shall be used for the purpose of conducting a summer school for teachers in agriculture.) Proviso as to Summer School. (Provided, that all appropriations in Subsection 2 are made to the university trustees and requisitions shall be made through that board.) Proviso as to University trustees. (Provided, also, that the educational institutions named in Subsection 2 are hereby authorized to charge reasonable tuition fees should same be necessary for support of such institutions.) Power to charge reasonable tuition fee. Page 20 Subsection 3. Educational and Eleemosynary Institutions. Items: (a) For the support and maintenance of the Academy for the Blind 36,000.00 Eleemosynary institutions Academy for Blind; maintenance. (b) For the support and maintenance of the School for the Deaf 70,000.00 School for Deaf; maintenance. Subsection 4. Educational and Corrective Institutions. Items: (a) For the support and maintenance of the Georgia Training School for Girls $ 31,500.00 Corrective institutions. Georgia Training School for Girls. (b) For the support and maintenance of the Georgia Training School for Boys 27,000.00 Georgia Training School for Boys. Page 21 Section 7. Department of Commerce and Labor. Subsection 1. Items: (a) For the salary of the Commissioner of Commerce and Labor 3,600.00 Department of Commerce and Labor Commissioner of Commerce and Labor; salary. (b) For the salary of the Assistant Commissioner of Commerce and Labor 1,800.00 Assistant Commissioner of Commerce and Labor; salary. (c) For the salary of the chief clerk and stenographer of the Commissioner of Commerce and Labor 1,500.00 Chief clerk and stenographer; salary. (d) For the salary of the Factory Inspector 1,200.00 Factory inspector. (e) For the contingent fund of the Department of Commerce and Labor 1,800.00 Contingent fund. Section 8. Department of Agriculture. Subsection 1. Office of the Commissioner of Agriculture. Items: (a) For the salary of the Commissioner of Agriculture 5,000.00 Department of Agriculture Office of Commissioner of Agriculture Commissioner of Agriculture; salary. (b) For the salary of a clerk to the Commissioner of Agriculture 2,500.00 Clerk. (c) For the maintenance of the Department of Agriculture 15,000.00 Department of Agriculture; maintenance. (d) For carrying out the provisions of Paragraph 11, Section 2068, Volume 1 of the Code of Georgia of 1910 3,000.00 Provisions of Code of 1910; Sec. 2068. Par. 11. (e) For the salary of the Director of Bureau of Markets 3,000.00 Director of Bureau of Markets; salary. (Provided, the entire salary above fixed and the actual traveling expenses in the performance of duties shall be paid exclusively from the fertilizer tag tax.) Proviso as to payment from fertilizer tag tax. Page 22 Subsection 2. Chemist. Items: (a) For the salary of a chemist for the Department of Agriculture $ 3,000.00 Chemist Chemist; salary. (b) For the maintenance of the office and laboratory of the chemist, including two assistant chemists at $1,000 each, the sum of 18,000.00 Office and laboratory; assistant chemists. (Provided, that $2,500.00 of the above sum shall be expended for the purpose of defraying the expenses that may be incident to making the analysis of calcium arsenate and other insecticides.) Proviso as to analysis of calcium arsenate, etc. (c) For execution of the provisions of the Pure Food and Drug Act of August 21, 1906 10,000.00 Carrying out provisions of the Pure Food and Drug Act of 1906, $10,000.00 Subsection 3. State Veterinarian. Items: (a) For the salary of the State Veterinarian 2,500.00 State Veterinarian State Veterinarian; salary. (Provided, that in addition to the above salary the actual traveling expenses of the State Veterinarian shall be paid when same are incurred in the service of the State, statement of said expenses to be audited by the Commissioner of Agriculture.) Payment of traveling expenses and audit of same. (b) For the work of the State Veterinarian as follows: (1) For the protection of live stock from contagious and infectious diseases 5,000.00 Contagious and infectious diseases. (2) For exterminating the cattle tick and developing the live stock industry $ 25,000.00 Cattle tick; development of live stock industry. (3) For combatting outbreaks of hog cholera and distributing serum in carrying on this work, subject to and under the provisions of the Act of August 18, 1919 10,000.00 Hog cholera outbreaks; serum; subject to Act of August 18, 1919. (Provided, that there shall be itemized statements of all expenditures under the above appropriation furnished to the General Assembly by the Commissioner of Agriculture.) Provisions for itemized statements by Commissioner of Agriculture. Page 23 Subsection 4. Oil Inspector. Items: (a) For the salary of the Chief Oil Inspector 3,000.00 Oil Inspector Chief Oil Inspector; salary. (Provided, that in addition to the above salary the actual traveling expenses of said inspector shall be paid as provided by law, (provided that no mileage shall be allowed and no car driver shall be furnished.)) Proviso as to traveling expenses. (b) For the salary of a clerk to the Chief Oil Inspector 2,100.00 Clerk. Subsection 5. Department of Horticulture, Pomology and Board of Entomology. Items: (a) For the salary of the State Entomologist 3,000.00 Department of Horticulture and Pomology and Board of Entomology State Entomologist; salary. (b) For the maintenance of the Department of Horticulture and Pomology and the Board of Entomology (Acts of 1921 and 1922) 70,000.00 Department of Horticulture and Pomology and Board of Entomology. Subsection 6. Experiment Station. Items: (a) For the payment of the actual expenses of the directors, maintenance and repairs of the Georgia Experiment Station 8,000.00 Experiment stations Georgia Experiment station; maintenance. (b) For the maintenance of the Coastal Plains Experiment Station $ 26,500.00 Coastal Plains Experiment Station. Page 24 Section 9. Geological Department. Subsection 1. Items: (a) For the maintenance of the State Geological Survey 15,000.00 Geological Department State Geological Survey. (Provided, that the above appropriation shall be spent under the direction of the State Geological Board as provided by law.) Proviso as to direction provided by law. Section 10. Tax Commission. Subsection 1. Items: (a) For the salary of the State Tax Commissioner 4,000.00 Tax Commission State Tax Commissioner; salary. (b) For the salary of a clerk to the State Tax Commissioner 1,500.00 Clerk. Section 11. Prison Commission. Subsection 1. Items. (a) For the salaries of members of the Prison Commission 10,500.00 Prison Commission Prison Commissioners; salaries. (Provided, that this sum shall be equally apportioned in three salaries of $3,500.00 each.) Proviso as to equal apportionment. (b) For the salary of a secretary to the Prison Commissioners 2,500.00 Secretary. (c) For the maintenance of the State Prison Farm 85,000.00 State Prison Farm. (d) For the maintenance fund of the Prison Commission 22,500.00 Maintenance fund; Prison Commission. Section 12. Board of Public Welfare. Subsection 1. Items: (a) For the support and maintenance of the Board of Public Welfare for each of the years 1924 and 1925 $ 15,000.00 Board of Public Welfare Maintenance of Board of Public Welfare for 1924 and 1925. Page 25 Section 13. Pension Commission. Subsection 1. Items: (a) For the salary of the Pension Commissioner 4,000.00 Pension Commission Pension Commissioner; salary. (b) For the hire of clerical help in the office of the Pension Commissioner 3,900.00 Clerical help. (c) For the payment of pensions which shall become due for each year of the years 1924 and 1925 1,300,000.00 Payment of pensions for 1924 and 1925. (Provided, that this appropriation shall be paid to all pensioners now on the pension roll or entitled to a pension under the present existing laws, each such pensioner to receive the amount of $100.00 for each of the years 1924 and 1925.) Proviso as to class of pensioners and amount paid each. (Provided, further, that should any fees be due any ordinaries for pension work, such fees shall be paid from the above appropriation.) Proviso as to payment of fees due ordinaries. (d) For continuing the work of the Roster Commission 3,600.00 Roster Commission; continuance. Section 14. Public Printing. Subsection 1. Items: (a) For a general fund to be expended by the Governor according to law 40,000.00 Public Printing General fund; public printing. (Provided, that all departments of the State Government and all State institutions which are required by law to submit reports to the Governor or to the General Assembly, or which may be called upon to submit reports by the Governor or the General Assembly, shall, prior to the printing of such report, submit the same to the Governor, together with a statement of the number of copies of such report deemed necessary by such department and a statement of the expense of printing such report, and shall secure the approval of the Governor as to the number of copies to be printed and the expense thereof. No such report shall be printed without the approval of the Governor.) Proviso as to Governor's approval of use. [(1) Every such report shall set forth all receipts and disbursements in full, and be filed with the Governor within sixty days next following the period covered. A duplicate of each report shall at the same time be presented by the author to the Commissioners of Public Printing. No report shall contain any advertising matter, nor any copying of the Georgia laws or statutes, except minor extracts explanatory of and incorporated in the text.] Reports to be printed; general rules. [(2) Before filing any report the author shall carefully edit the same and strike therefrom all journal and minutes of proceedings and all correspondence, petitions, orders and other documents or writings whose substance can be briefly stated, consolidated as far as practicable, statistical tables and strike out all matter which is of interest to individuals chiefly and not important information concerning public affairs. The Commissioner of Printing shall order each duplicate report, ascertained in compliance with law, to be printed as part of a blue book, to contain the reports of all State officers, departments, boards, commissions and commissioners. There shall be no separate publications of any such report except upon unanimous vote of the Commissioners of Printing after it has been shown that such separate publication is for the public interest. The opinions of the Attorney-General, not being of binding effect, shall not be printed as a part of his report.] Printing Commissioners. Blue book. (b) For the salary of the Superintendent of Public Printing $ 3,000.00 Superintendent of Public Printing; salary. (c) For the salary of the Assistant Superintendent of Public Printing 1,800.00 Assistant Superintendent of Public Printing; salary. (d) For the contingent fund 1,500.00 Contingent fund. Page 27 Section 15. Department of Archives and History. Subsection 1. Items: (a) For the maintenance of the Department of Archives and History 6,000.00 Department of Archives and History Department of Archives and History. (Provided, that the above appropriation shall be expended at the direction of the State Historical Commission as provided by law.) Proviso as to direction as provided by law. Section 16. State Library Commission. Subsection 1. Items: (a) For the support and maintenance of the State Library Commission 6,000.00 State Library Commission State Library Commission; maintenance. Page 28 Section 17. State Library. Subsection 1. Items: (a) For the salary of the State Librarian $ 1,800.00 State Library State Librarian; salary. (b) For the salary of an assistant to the State Librarian 1,500.00 Assistant to State Librarian; salary. (c) For the salary of an assistant to the State Librarian 1,000.00 Assistant to State Librarian; salary. (d) For the purchase of books and supplies, and for the incidental expenses of the State Library and Supreme Court, to be spent solely at the direction of the Supreme Court 4,000.00 Books, supplies and incidental expenses of State Library and Supreme Court. (e) For the maintenance of the Legislative Reference Department, to be expended as provided by law 1,600.00 Legislative Reference Department; maintenance. (f) For the purchase of books for the office of the Attorney-General 250.00 Books for Attorney-General's office. (g) For printing new volumes of the Supreme Court and Court of Appeals Reports 10,000.00 Printing Georgia and Georgia Appeals Reports. Section 18. Military Department. Subsection 1. Items: (a) For the maintenance of the Military Department 25,000.00 Military Department Military Department; maintenance. (Provided, that the above sum shall be expended as follows: $15,000.00 for the sole use of the various military organizations to be divided among the several organizations in quarterly payments to be used to pay armory rent, clerk hire, and other necessary expenses, and to be paid to the commanding officer on warrants drawn on the State treasury and to be approved by the Governor.) $15,000.00 to be divided quarterly; for use of various military organizations; how paid and to whom. ($10,000.00 for the use of the Military Department to pay the salaries of the Adjutant-General and such other clerical help as is deemed necessary by the Governor, and for riot duty and incidental expenses of the said Military Department, for the Quartermaster's Department, for upkeep of State arsenal, printing, stationery and freight.) Proviso as to use by Military Department of $10,000 for salaries, incidental expenses, etc. Page 29 Section 19. State Board of Health. Subsection 1. Items: (a) For the maintenance of the State Board of Health, the sum of $ 81,431.00 State Board of Health Maintenance of State Board of Health. (b) For the support and maintenance of the State Sanatorium for Tuberculosis Patients 50,000.00 State Sanatorium for Tuberculosis Patients; maintenance. (Provided, that the above appropriation shall be expended under the direction of the State Board of Health.) Proviso as to direction. (c) For work in connection with venereal diseases 10,000.00 Venereal diseases. (d) For maintenance of the Georgia Training School for Mental Defectives at Gracewood, Georgia 25,000.00 Georgia Training School for Mental Defectives. (Provided, that this appropriation shall be expended under the direction of the State Board of Health.) Proviso as to direction. Section 20. State Eleemosynary Institutions. Subsection 1. Items: (a) For the support and maintenance of the State Sanitarium 800,000.00 State Eleemosynary Institutions Maintenance of State Sanitarium. (Provided, that from this appropriation shall be paid all the expenses of the Sanitarium, including a salary of $2,500.00 for a resident physician, and the salaries of the trustees and their expenses as provided by law.) Proviso as to inclusion of salary for resident physician and salaries and expenses of trustees (b) For the support and maintenance of the Confederate Soldiers' Home of Georgia, the sum of $ 40,000.00 Confederate Soldiers' Home of Georgia; maintenance. (c) For a special weekly allowance to inmates of the Confederate Soldiers' Home of Georgia, to be expended and disbursed as provided by the Act of August 19, 1919 5,000.00 Special weekly allowance to inmates of Confederate Soldiers' Home. Page 30 Section 21. Public Buildings and Grounds. Subsection 1. Items: (a) For the upkeep fund of the public buildings and grounds 35,000.00 Public Buildings and Grounds. Upkeep fund. (Provided, that from this fund shall be paid the salary of $2,500.00 due the keeper of the public buildings and grounds, the expense of ordinary repairs of public buildings, of coal, wood, lights, heat and furniture for the Executive Mansion and the various government departments of the State; and the hire of engineers, guards, watchmen, servants and other necessary labor at the Mansion, and such porters for the various departments of the State government as the Governor may authorize; and all general expenses incident to the proper upkeep of the public buildings and grounds, and to hire such other labor as may be necessary, and also the salary of the operator of the elevator at the State capitol, which salary shall not exceed $950.00.) Proviso as to disbursement of upkeep fund. Page 31 Section 22. Public Debt. Subsection 1. Items: (a) For the payment of obligations caused by the maturing of State bonds $ 100,000.00 Public Debt Maturity of State bonds. (b) To pay interest on the recognized valid debt of the State for 1924 222,590.00 Interest on debt for 1924. For 1925 219,090.00 Interest on debt for 1925. (c) For payment of interest on what is known as the Land Script fund 6,314.14 Interest on Land Script fund. (d) For the payment of the annual interest on the debt due by the State to the University of Georgia 8,000.00 Interest on debt due University of Georgia. (e) For the payment of insurance on public buildings as provided by the Act of 1882-3, page 24 5,000.00 Insurance on public buildings. Division B. Judicial Department. Section 1. Supreme Court. Subsection 1. Items: (a) For the salaries of the Justices of the Supreme Court 42,000.00 Judicial Department Supreme Court Justices of Supreme Court; salaries. (Provided, that the above sum shall be apportioned in six equal salaries of $7,000.00 each.) Proviso as to equal apportionment. (b) For the salaries of the Supreme Court reporters 4,000.00 Supreme Court reporters; salaries. (Provided, that the above sum shall be apportioned in two equal salaries of $2,000.00 each.) Proviso as to equal apportionment. (c) For the salaries of Supreme Court stenographers $ 18,000.00 Stenographers. (Provided, that the above sum shall be apportioned in six equal salaries of $3,000.00 each.) Proviso as to equal apportionment. (d) For the salary of the sheriff of the Supreme Court 2,400.00 Sheriff of Supreme Court; salary. (e) For the compensation of the clerk of the Supreme Court and deputy clerk, an amount sufficient to cover the difference between the costs received and the minimum salaries allowed by law. Clerk and deputy clerk of Supreme Court; compensation. (f) All fees due to clerk of Supreme Court in pauper cases upon proper showing to the Governor. Fees in pauper cases. (g) For a contingent fund for the Supreme Court 3,000.00 Contingent fund. (h) For the purchase of books and supplies for the Court of Appeals 1,000.00 Books and supplies for Court of Appeals. Page 32 Section 2. Court of Appeals. Subsection 1. Items: (a) For the salaries of the Judges of the Court of Appeals 42,000.00 Court of Appeals Judges of Court of Appeals; salaries. (Provided, that the above sum shall be apportioned in equal salaries of $7,000.00 each.) Proviso as to equal apportionment. (b) For the salaries of the Court of Appeals reporters 4,000.00 Court of Appeals reporters; salaries. (Provided, that the above sum shall be apportioned in two equal salaries of $2,000.00 each.) Proviso as to equal apportionment. (c) For the salaries of the Court of Appeals stenographers $ 18,000.00 Stenographers. (Provided, that the above sum shall be apportioned in six equal salaries of $3,000.00 each.) Proviso as to equal apportionment. (d) For the salary of the sheriff of the Court of Appeals 2,400.00 Sheriff of Court of Appeals; salary. (e) For the compensation of the clerk of the Court of Appeals, an amount sufficient to cover the difference between the costs received and the minimum allowed by law. Compensation of clerk of Court of Appeals. (f) All fees due to the clerk of the Court of Appeals in pauper cases upon proper showing to Governor. Fees in pauper cases. (g) For a contingent fund for the Court of Appeals 3,000.00 Contingent fund. Page 33 Section 3. Superior Court. Subsection 1. Items: (a) For the salaries of the judges of the superior courts 190,000.00 Superior Court Judges of superior courts; salaries. (Provided, that the above sum shall be apportioned in thirty-eight equal salaries of $5,000.00 each.) Proviso as to equal apportionment. (b) For the salaries of the solicitor-generals. 8,250.00 Solicitors-general; salaries. (Provided, that the above sum shall be apportioned in thirty-three equal salaries of $250.00 each.) Proviso as to equal apportionment. (c) For the payment of fees due solicitor-generals in criminal cases before the Supreme Court and Court of Appeals and solicitors in criminal cases before the Court of Appeals, such amounts as may be due them under the terms of the fee bill. Payment of fees due solicitors-general and solicitor. Page 34 Division C. Legislative Department. Section 1. Senate. Subsection 1. Officers and members. Items: (a) For the compensation of the President of the Senate, per diem $ 10.00 Legislative Department Senate President of Senate; compensation. (b) For the compensation of the members of the Senate, per diem 7.00 Members of Senate; compensation. (Provided, that in addition to the above sums the President and members of the Senate shall receive mileage at the rate of 10 cents per mile.) Proviso as to mileage. Subsection 2. Employees. Items: (a) For the compensation of the secretary of the Senate, per diem 60.00 Secretary of Senate; compensation. (Provided, that from the above appropriation shall be paid all the clerical expenses of the Senate.) Proviso as to payment of clerical expenses. (b) For the compensation of the messenger of the Senate, per diem 7.00 Messenger. (c) For the compensation of the doorkeeper of the Senate, per diem 7.00 Doorkeeper. (Provided, that the messenger and doorkeeper of the Senate shall receive the same mileage as members of the Senate.) Proviso as to mileage for messenger and doorkeeper. Section 2. House of Representatives. Subsection 1. Officers and members. Items: (a) For the compensation of the Speaker of the House of Representatives, per diem $ 10.00 House of Representatives Speaker of House of Representatives; compensation. (b) For the compensation of the members of the House of Representatives, per diem 7.00 Members of House of Representatives; compensation. (Provided, that in addition to the above sums the Speaker and the members of the House of Representatives shall receive mileage at the rate of 10 cents per mile.) Proviso as to mileage. Page 35 Subsection 2. Employees. Items: (a) For the compensation of the clerk of the House of Representatives, per diem 70.00 Clerk of House of Representatives; compensation. (Provided, that from the above sum shall be paid all the clerical expenses of the House of Representatives.) Proviso as to payment of clerical expenses. (b) For the compensation of the messenger of the House of Representatives, per diem 7.00 Messenger. (c) For the compensation of the doorkeeper of the House of Representatives, per diem 7.00 Doorkeeper. (Provided, that the messenger and doorkeeper of the House of Representatives shall receive the same mileage as the members of the House of Representatives.) Proviso as to mileage for messenger and doorkeeper. (d) For the incidental expenses of the House of Representatives for each session, 1924-25 125.00 Incidental expenses of House of Representatives for 1924 and 1925. (e) For the incidental expenses of the Senate for each session, 1924-25 100.00 Incidental expenses of Senate for 1924 and 1925. (f) For indexing Journals of the House 125.00 Indexing House Journals. (g) For indexing Journals of the Senate 125.00 Indexing Senate Journals. (h) For the expenses of the Legislative Committees while visiting the various institutions and properties of the State during the session, and for expenses and per diem of ad interim committees when authorized by the chairman of such committee to make visits, the sum of $ 7,500.00 or so much thereof as may be necessary, to be paid on itemized statements submitted and approved. Expenses of inspection of State institutions and properties. Itemized statements to be rendered. (i) For printing, stationery, incidental supplies, furniture, repairs and replacement for the General Assembly for each of the years 1924 and 1925, and for 1923, to be immediately available, to be paid on approval of the Secretary of State, the sum of 4,000.00 Supplies, repairs and replacements for General Assembly for 1923, 1924 and 1925. or so much thereof as may be necessary for each of the above years. (j) For compensation of doorkeeper, assistant messenger and other attaches of the House and of the Senate not otherwise provided for, such sums as may be authorized by resolution of either branch of the General Assembly for the sessions of 1924-1925 to be immediately available. Compensation of certain employees of House and Senate not otherwise provided for. Page 36 Be it further enacted by the authority aforesaid, That the respective amounts appropriated by this Act for the salaries of the various State House officers and clerical expenses of the various departments shall be held and considered in full payment thereof, and such amounts shall not be increased directly or indirectly by the payment of additional funds from the contingent fund, or any other fund, to such officers, their clerks or other persons by way Page 37 of extra compensation or for extra services, or for extra assistance rendered to such officers in any department of said government, and should extra service or assistance become necessary to said officers in said departments, the same shall be paid out of the amounts respectively appropriated by this Act for salaries of the various State House officers and for the clerical expenses of said officers; nor shall any money be paid from any fund to any officer or person, as a salary or otherwise, unless the same is authorized by law, audited by the Comptroller-General, and the money appropriated therefor. Amounts appropriated held full payment. No extra compensation. Necessary extra service; how paid for. Authority. Audit. Appropriation. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. STATE NORMAL SCHOOL; DEFICIENCY IN MAINTENANCE. No. 291. An Act to appropriate the sum of twenty-five thousand dollars to the Trustees of the University of Georgia to supply a deficiency in the maintenance of the State Normal School at Athens for the scholastic year ending in May, 1923. 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 twenty-five thousand dollars be and the same is hereby appropriated to the Trustees of the University of Georgia to supply a deficiency in the maintenance of the State Normal School at Athens for the scholastic year ending in May, 1923. This appropriation shall in no event affect or reduce the amount appropriated to the common schools in General Appropriation bill. $25,000 for State Normal School; maintenance deficit. Appropriation for common schools not reduced. Page 38 This appropriation shall not be paid until the appropriations passed of 1921 session of the General Assembly are paid in full and in event the appropriation passed in 1921 consumes all the revenues for 1923, this appropriation is null and void. When paid: conditional. Provided further, That this appropriation shall not be paid out of, nor in any way affect the one-half of State revenue as set apart for the common school fund. Common school fund not to be affected. 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 20, 1923. Page 39 TITLE II. Taxation. ACTS. Cigarettes and Cigars; Retail Dealers in; Occupation Tax. Fuel Distributors; Increase of Occupation Tax, and Disbursement of Monies So Received. CIGARETTES AND CIGARS, RETAIL DEALERS IN; OCCUPATION TAX. No. 227. An Act to levy a tax upon dealers in cigarettes and cigars; to provide for the collection of such tax; to require the use of stamps as evidence of the payment thereof; to prescribe penalties for the violation of this Act and the counterfeiting of such stamps; to provide rules of evidence for the trial of persons charged with the violation of this Act; to appropriate the funds raised by such tax for the purpose of building and equipping new buildings for the State Tuberculosis Sanatorium at Alto, and for the purpose of paying pensions now due and to become due under the Acts of August 5th, 1919, August 18th, 1919, and August 19th, 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 from and after the first day of January, 1924. (a) There shall be levied upon and collected from each person, firm or corporation, engaged in selling cigarettes and cigars at retail, a tax of ten per centum of the sales price at retail of each package of cigarettes and each cigar sold by such dealer. Ten per cent. occupation tax on retail dealers. Page 40 (b) Each dealer shall pay said tax to the Comptroller-General of the State of Georgia who shall thereupon furnish to such dealer stamps of such design and denominations as may be prescribed by said Comptroller-General, and it shall be the duty of each dealer to affix to each package of cigarettes and each cigar a stamp, or stamps, furnished by said Comptroller-General, evidencing the payment of the tax imposed by this Act, and to cancel such stamps, before said cigarettes or cigars are offered for sale. Use of stamps to show tax paid. (c) Any dealer, who shall sell, or offer for sale, cigarettes or cigars without complying with the provisions of this Act, shall be guilty of a misdemeanor and upon conviction shall be punished as provided by Section 1065 of the Penal Code of 1910. Penalty for failure to pay tax. (d) The exhibition of any package, or packages, of cigarettes or cigars which do not bear the stamps required to be affixed under the provisions of this Act, by any retail dealer, in any show case, window, or on any shelf or table shall constitute prima facie evidence of the guilt of such dealer of the violation of this Act. Evidence of violation of this Act. (e) Any person who shall falsely and fraudulently make, forge, alter, or counterfeit, a stamp or stamps prescribed by the Comptroller-General under the provisions of this Act, or who shall cause, or procure, to be falsely and fraudulently made, forged, altered, or counterfeited, said stamps; or who shall knowingly and wilfully utter, publish, pass, or tender as true, any false, altered, forged, or counterfeited stamp prescribed under the provisions of this Act, shall be guilty of a felony, and upon conviction therefor shall be punished as prescribed by Section 231 of the Penal Code of 1910. Penalty for use of counterfeit stamps or making of samefelonypunished under Sec. 231 of Code of 1910. Sec. 2. Be it further enacted, That the funds raised by the provisions of this Act, to the amount of $250,000.00 for the year 1924, and $250,000.00 for the year 1925, be and the same are hereby, appropriated to the Board of Health for Page 41 the purpose of building and equipping new buildings for the State Tuberculosis Sanatorium at Alto. All sums remaining after the payment to said Board of Health for said sanatorium are hereby appropriated to pay pensions now due and to become due under the pension Acts, approved August 5th, 1919, August 18th, 1919, and August 19th, 1919, the same to be paid out on warrants drawn by the Governor on requisition of the Pension Commissioner as provided by law. Fund for State Tuberculosis Sanatorium. Fund for payment of pensions. Sec. 3. Be it further enacted, That dealers in cigarettes and cigars shall not be required to pay any additional occupation tax to the State to that imposed by this Act, nor shall any other tax be required of cigar dealers. No other occupation tax to be levied. Sec. 4. Be it further enacted, That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved August 15, 1923. FUEL DISTRIBUTORS; INCREASE OF OCCUPATION TAX, AND DISBURSEMENT OF MONIES SO RECEIVED. No. 2. An Act to amend an Act entitled An Act providing for an occupation tax upon all distributors selling fuels in this State, requiring all distributors therein to register and make returns, providing for penalties for violations of this Act, and for other purposes, approved August 10th, 1921, and as amended by an Act approved August 19th, 1922, by striking out the words one cent and inserting in lieu thereof the words three cents, and to create a fund for highway and bridge construction by and under Page 42 the supervision of the State Highway Department on the State Aid System of Roads and a fund for the construction and maintenance of public roads and bridges by the counties, and to provide for the disbursement of funds, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 2 (two) of an Act of the General Assembly of Georgia approved August 10th, 1921, and as amended by an Act approved August 19th, 1922, be and the same is hereby amended by striking out in line five of Section 2 of said Act the words one cent, and inserting in lieu thereof the words three cents, so that said section when amended shall read as follows: That distributors who sell fuels in this State (except those importing and selling it in the original packages in which it was brought into the State) shall pay an occupation tax of three cents per gallon upon every gallon of gasoline sold, provided this Act shall not be so construed as to cause double taxation on any of the products specified in said Act approved August 10th, 1921, 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. Acts of 1921 and 1922 amended. Section 2, as amended, to read. Sec. 2. Be it further enacted by the authority aforesaid that the Act approved August 10th, 1921, shall be and is hereby amended by adding thereto a paragraph designated as Section 7-A, reading as follows: New section added. All monies collected under the provisions of this Act as amended herein shall be paid into the State treasury, one-third of the entire fund shall be credited to the general fund for the purpose of supplying the deficiency in the State treasury arising out of the discount of the rental of the Page 43 Western and Atlantic Railroad, as provided by the Act of 1921, pages 230-1 and the remaining amount to the general fund of the State; one-third of the entire fund shall be distributed to the counties to be used exclusively for the construction and maintenance of the public roads, such distribution to be made by the State Treasurer before the 15th day of October, January, April and July of each year, the amounts distributable on account of the collection of the preceding three months being paid to each county treasurer or other county officer or officials authorized to receive county funds in counties not having a county treasurer on the basis of the pro rata part of the State Aid System road mileage in said county to the entire system, to be expended upon public roads and bridges; and the remaining one-third of the entire fund shall be set apart as a special fund of the State Aid Road Fund to be credited to the State Highway Department for the construction of the State Aid System of Roads, and for the purpose of matching the Federal Aid authorized by the United States Government for the construction of highways and bridges on said system of roads; provided, further, that the one-third of the entire fund first above mentioned shall likewise as in the manner last described be set aside to the Highway Department upon the expiration of the present period of the discount of the Western and Atlantic Railroad rental. Section 7-A to read. General fund; treasury deficit. Road and bridge construction and maintenance by counties. When and how paid to counties. State Aid Road Fund. Reversion to Highway Department. Sec. 3. Be it further enacted by the authority aforesaid. That the disbursement of the State Aid Road Fund shall be made monthly at the end of each calendar month upon warrants drawn by the Governor upon itemized statements showing all expenses of any kind whatsoever: Provided, that the Governor if he deems it expedient and wise may draw warrants for the need of the State Highway Board for the month at the beginning of or during the month upon a budget covering the month's proposed operations. Disbursement of State Aid Road Fund. Proviso. Sec. 4. Be it further enacted by the authority aforesaid, Page 44 That this amendment to said Act shall not take effect until October 1st, 1923. Effective October 1, 1923. 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 14, 1923. Page 45 TITLE III. Amendments to Constitution. Art. 7, Sec. 7, Par. 1. Savannah, City of; Increase of Bonded Indebtedness; Terminal Facilities. SAVANNAH, CITY OF; INCREASE OF BONDED IN-DEBTEDNESS; TERMINAL FACILITIES. No. 60. An Act to propose to the qualified voters of this State an amendment to Article Seven (7), Section Seven (7), Paragraph One (1) of the Constitution of Georgia an amendment authorizing an increase in the bonded in-debtedness of the Mayor and Aldermen of the City of Savannah, for the purpose of acquiring and/or improving a site or sites on Savannah River in Chatham County, for publicly-owned, operated and managed terminals and for the purpose of creating, constructing and operating terminal, storage, handling and transportation facilities at the port 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 Article Seven (7), Section Seven (7), Paragraph One (1) of the Constitution of Georgia, shall be amended by adding thereto and at the end thereof the following words: And except that the Mayor and Aldermen of the City of Savannah, for the purposes of acquiring and/or improving a site or sites on Savannah River, in Chatham County, for publicly-owned, operated and managed terminals, and for the purpose of creating ways of ingress thereto and egress therefrom, may incur a bonded indebtedness in addition to the debts hereinbefore in this paragraph Page 46 allowed to be incurred, to an amount in the aggregate not exceeding three million dollars ($3,000,000). The Mayor and Aldermen of the City of Savannah shall be empowered to take charge of and administer municipally owned terminals of the port of Savannah and is hereby authorized to create, construct and operate new terminal, storage, handling and terminal transportation facilities at the port of Savannah, and to that end, shall have the right to condemn in accordance with the law or otherwise acquire any property necessary for said purposes, and may incur a bonded indebtedness in addition to the debts hereinbefore in this paragraph allowed to be incurred, to pay for same by issuing mortgage or mortgages and/or bond or bonds against the real estate and improvements thereon and against such facilities, such mortgage or mortgages, and/or bond or bonds and all interest thereon are to be paid out of the net receipts of said terminal, storage, handling and transportation facilities after the payment of maintenance and operating expenses. The authority granted hereby shall be a continuing authority and the first creation or establishment of terminal, storage, handling and transportation facilities shall not exhaust the power of said Mayor and Aldermen of the City of Savannah. Bonds issued under this authorization shall be paid by preference out of the net receipts of the terminal, storage, handling or transportation facility acquired, and/or created therewith after the payment of maintenance and operating expenses and so far as such net receipts may be insufficient, then out of the entire receipts and revenues of the said municipally-owned, operated and administered port of Savannah after the payment of maintenance and operating expenses and prior bonded obligationsprovided, that each issue of bonds under said authority shall be subordinate to previous issues thereunder. The Mayor and Aldermen of the City of Savannah shall have power to regulate the commerce and traffic of the harbor of Savannah in such manner as may in its judgment be best for its maintenance and development. And Page 47 the foregoing amendments to the Constitution shall be self-executing and operative and the Mayor and Aldermen of the City of Savannah may by ordinance or otherwise carry the same into effect. The General Assembly may confer further and additional authority upon the Mayor and Alderman of the City of Savannah touching the disposition and control of said terminals and harbor not inconsistent herewith. So that said Section when amended shall read as follows: Art. 7, Sec. 7. Par. 1, amended. Amending by adding the following: Power to incur bonded in-debtedness. New terminals, etc. Power to condemn and acquire property for said purpose; also right to incur debts, security and payment of same. Regulation of commerce and traffic in Savannah harbor by mayor and aldermen. Amendment self-executing. Further and additional authority on mayor and aldermen. Article Seven (7), Section Seven (7), Paragraph One (1). Debt of counties and cities not to exceed seven per cent. The debt hereafter incurred by any county, municipal corporation or political division of this State, except as in this Constitution provided for, shall not exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt, except for a temporary loan or loans to supply casual deficiencies of revenue, not exceeding one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of two-thirds of the qualified voters thereof voting at an election for that purpose to be held as prescribed by law: Provided, said two-thirds so voting shall be a majority of the registered voters and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political divisions made prior to January 1st, 1918, shall not be affected hereby, but any city the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the adoption of this Constitution Page 48 may be authorized by law to increase at any time the amount of said debt three per centum upon such assessed valuation; except that the city council of Augusta, from time to time, as necessary, for the purpose of protection against floods, may incur a bonded indebtedness upon its power producing canal and municipal waterworks, in addition to the debts hereinbefore in this paragraph allowed to be incurred to an amount in the aggregate not exceeding fifty per centum of the combined value of such properties, the valuation of such properties to be fixed as may be prescribed by law, but said valuation not to exceed a figure five per cent. on which shall represent the net revenue per annum produced by the two such properties together at the time of said valuation, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of such city, at an election or elections for that purpose to be held as may be now, or may be hereafter, prescribed by law for the incurring of new debts by said city council of Augusta; except that the City of West Point, from time to time, as may be necessary for the purpose of protections against floods, may incur a bonded indebtedness in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred to an amount in the aggregate not exceeding the sum of seven hundred and fifty thousand dollars and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of such city at an election or elections to be held as may be now or may be hereafter prescribed by law for the incurring of new debts by said City of West Point. Provided, any municipality having a population of 150,000 or more can issue and sell `street improvement bonds' without the said assent of two-thirds of the qualified voters at an election called thereon, but upon a two-thirds vote of the members of its governing body, with these limitations: First, the term of such bonds shall in no case exceed ten years. Second, the amount of each issue shall be limited to the amount assessed by such municipality upon Page 49 each improvement. Third, these bonds shall be issued only for the grading and paving or repaving of streets or portion of streets. Fourth, the interest thereon shall not exceed six per centum per annum. Fifth, these bonds can be issued without regard to the amount of other outstanding debts or bonds of said municipality. Sixth, these bonds not to be issued except in case such pavement or repavement has been petitioned for in writing by the owners of more than fifty per cent. of the property abutting on the street or portion of street paved or repaved, and except that the Mayor and Aldermen of the City of Savannah, for the purpose of acquiring and/or improving a site or sites on Savannah River, in Chatham County, for publicly-owned, operated and managed terminals, and for the purpose of creating ways of ingress thereto and egress therefrom, may incur a bonded indebtedness in addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding three million dollars ($3,000,000,000). The Mayor and Aldermen of the City of Savannah shall be empowered to take charge of and administer municipally-owned terminals of the port of Savannah and is hereby authorized to create, construct and operate new terminal, storage, handling and terminal transportation facilities at the port of Savannah and to that end, shall have the right to condemn in accordance with the law or otherwise acquire any property necessary for said purposes, and may incur a bonded indebtedness in addition to the debts hereinbefore in this paragraph allowed to be incurred, to pay for same by issuing mortgage or mortgages and/or bond or bonds against the real estate and improvements thereon and against such facilities; such mortgage or mortgages, and/or bond or bonds and all interest thereon are to be paid out of the net receipts of said terminal, storage, handling and transportation facilities after the payment of maintenance and operating expenses. The authority granted hereby shall be a continuing authority and the first creation or establishment of terminal, storage, handling and transportation facilities shall not exhaust Page 50 the power of said Mayor and Aldermen of the City of Savannah. Bonds issued under this authorization shall be paid by preference out of the net receipts of the terminal, storage, handling or transportation facility acquired, and/or created therewith after the payment of maintenance and operating expenses and so far as such net receipts may be insufficient, then out of the entire receipts and revenues of the said municipally-owned, operated and administered port of Savannah after the payment of maintenance and operating expenses and prior bonded obligationsProvided, that each issue of bonds under said authority shall be subordinate to previous issues thereunder. The Mayor and Aldermen of the City of Savannah shall have power to regulate the commerce and traffic of the harbor of Savannah in such manner as may in its judgment be best for its maintenance and development. And the foregoing amendments to the Constitution shall be self-executing and operative and the Mayor and Aldermen of the City of Savannah may by ordinance or otherwise carry the same into effect. The General Assembly may confer further and additional authority upon the Mayor and Aldermen of the City of Savannah touching the disposition and control of said terminals and harbor not inconsistent herewith. Art. 7. Sec. 7, Par. 1, to read. Debt not to exceed seven per cent. of value of taxable property. Assent of two-thirds of qualified voters. Law requiring special registration of voters to pass on bond issuance declared null and void. Bond issues prior to Jan. 1, 1918. Increase of three per cent. City of Augusta excepted; flood protection. City of West Point excepted; flood protection. Certain other municipalities excepted; street improvement bonds. Ten-year terms. Limit of amount. Street improvement only. Six per cent. interest. Without regard to other debts. Petition by more than fifty per cent. of property-owners. City of Savannah excepted; municipal ownership of terminals; improvements, etc. Administration. Condemnation. Bonded in-debtedness. Payment out of terminal receipts. Continuing authority. Port receipts may be used. Regulation of harbor. Amendments. self-executing. Additional authority conferred. Sec. 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House with the ayes and nays thereon and published in one or more newspapers in each congressional district of this State for two months previous to the time for holding next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Article Seven (7), Section Seven (7), Paragraph One (1) of the Constitution, authorizing the Mayor and Aldermen of the Page 51 City of Savannah to increase the bonded debt of the Mayor and Aldermen of the City of Savannah, for the construction of publicly-owned terminal facilities at Savannah, 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 Article Seven (7), Section Seven (7), Paragraph One (1) of the Constitution, authorizing the Mayor and Aldermen of the City of Savannah to increase the bonded debt of the Mayor and Aldermen of the City of Savannah, for the construction of publicly-owned terminal facilities at Savannah, and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article Seven (7), Section Seven (7), Paragraph One (1) of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law. Publication. Submitted to popular vote. Ballots. Proclamation. Approved August 18, 1923. Page 52 TITLE IV. Code Amendments. ACTS. 589. Premiums of Treasurer's Bond in Certain Counties. 696. Road Tax in Certain Counties. 1249. State Depositories in Certain Cities. 1249. State Depository in Lumpkin. 1365. Board of Trustees of the University of Georgia. 1565. State Library Commission; Salary of Secretary. 2820. Increase of Capital Stock of Trust Companies. PREMIUMS ON TREASURER'S BOND IN CERTAIN COUNTIES. No. 177. An Act to amend Section 589 of the Code of Georgia of 1910, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 589 of the Code of Georgia of 1910 be, and the same is hereby amended by striking the words seventy-five thousand in the fourth line of said Section and inserting in lieu thereof the words: seventy thousand, so that said Section when amended shall read as follows: C. C. Sec. 589 amended. Sec. 589. Premiums on treasurer's bond in certain counties. In addition to the salary now provided by law for county treasurer it shall be within the power of county commissioners in all counties having a population of seventy thousand or over to provide for the giving of bonds of such county treasurers, duly signed by a surety company; and if thus given, it shall be within the power of the county commissioners to cause the premiums to be paid out of the public moneys of such counties. To be read. Certain counties. Treasurer's bonds. Payment of premiums. Page 53 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, 1923. ROAD TAX IN CERTAIN COUNTIES. No. 538. An Act to amend Section 696 of the Code of 1910 as amended by the General Assembly of 1911, the General Assembly of 1919, and the General Assembly of 1920, by striking therefrom the figures 18,690, and inserting in lieu thereof the figures 23,370, and also striking therefrom the figures 18,750 and inserting in lieu thereof the figures 23,400. Section 1. 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 696 of the Code of 1910, as amended by Act of the General Assembly of 1911, an Act of the General Assembly of 1919, and an Act of the General Assembly of 1920, is amended by striking therefrom the figures 18,690, wherever same appears in said Section 696, as amended, and inserting in lieu thereof the figures 23,370, and by striking from said Section 696 wherever same appears in said Section 696, as amended, the figures 18,750, and inserting in lieu thereof the figures 23,400, so that said Section, shall, when amended, read as follows: C. C. Sec. 696 as amended, 1911, 1919, and 1920 amended. The commissioners of roads and revenue, or the ordinary, as the case may be, shall levy a tax additional to any now authorized by law, of no more than four-tenths of one per centum on all of the taxable property in the county, and the funds so raised by said taxation, together with the commutation heretofore provided for, shall be used and Page 54 expended for the purpose of paying the salaries and wages and for working, improving and repairing the public roads, as herein set forth. Provided, that in those counties having a population of not less than 23,370, nor more than 23,400 and in those counties having a population of not less than 14,132, nor more than 14,500, the tax levied for the aforesaid purpose may be fixed at any rate not greater than six-tenths of one per centum. To be read. Road tax not more than four-tenths of one per cent. Salaries, wages, etc. Certain counties. Six-tenths of one per cent. maximum. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 20, 1923. STATE DEPOSITORIES IN CERTAIN CITIES. No. 310. An Act to amend Section 1249, 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 Acts amendatory thereof, so as to add additional depositories in all cities and towns having a population of not less than 11,554, and not more than 11,560 and also to add additional depositories in towns and cities having not less than 6,180, and not more than 6,200 population, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of State depositories, be amended by adding thereto the following: Provided, that in each city in Georgia having a population of not less than 6,180 and not more than 6,200, and also in each city in Georgia having a population of not less than 11,554 and not more than 11,560, Page 55 the Governor may name and appoint one additional depository to those now provided by law and under the terms of the general law governing bank depositories. C. C. Sec. 1249 amended. Certain cities. Additional depository. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. STATE DEPOSITORY IN LUMPKIN. No. 122. An Act to amend Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities, therein named as State depositories, and the several Acts amendatory thereof so as to add the City of Lumpkin in the County of Stewart and State of Georgia, to the list of such cities and towns. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State depositories and the several Acts of the General Assembly amendatory thereof be and they are hereby amended so as to add the City of Lumpkin in the County of Stewart and State of Georgia, to the list of such cities and towns. C. C. Sec. 1249 amended. State depositories. City of Lumpkin added. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1923. Page 56 BOARD OF TRUSTEES OF THE UNIVERSITY OF GEORGIA. No. 290. An Act to amend Section 1365 of the Civil Code of Georgia of 1910, and the Act of the General Assembly of Georgia approved August 19, 1919, appearing in the Acts of 1919 on page 85, so as to provide for three members of the Board of Trustees of the University of Georgia from the City of Athens instead of two members. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 1365 of the Civil Code of Georgia of 1910, and the Act of the General Assembly of Georgia approved August 19, 1919, appearing in the Acts of 1919 on page 85 be amended by striking from said section the words two from the City of Athens and inserting in lieu thereof the words three from the City of Athens; so that said section when amended shall be as follows: C. C. Sec. 1365 and Act of General Assembly August 19, 1919, amended. Section 1365 (Section 1273). Board of Trustees. The Board of Trustees of the University of Georgia shall be composed of one member from each Congressional district, four from the State at large, three from the City of Athens, and the chairman ex-officio of the local board of trustees of each branch of the State University where by laws now of force they are made such trustees; all of whom, except the latter, shall be appointed by the Governor and confirmed by the Senate, under the rules governing the appointment and confirmation of other officers of this State required by law to be confirmed by the Senate. The president of the alumni society of the University of Georgia shall likewise be a member ex-officio of said board, with all the rights, duties and privileges of other members of the board. To be read. Membership; three from Athens. To be appointed by Governor and confirmed by Senate. Ex-officio member. Approved August 6, 1923. Page 57 STATE LIBRARY COMMISSION; SALARY OF SECRETARY. No. 90. An Act to amend Section 1565 of Volume 8 of Park's Annotated Code of Georgia, relative to a State Library Commission by striking the words hereinafter prescribed in the 4th line of said section, and by striking the words the salary of the secretary of this commission shall be $1,500 per annum, and in the 10th and 11th lines of said section, and for other purposes. Section 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 1565 of Volume 8 of Park's Annotated Code of Georgia be and the same is hereby amended by striking the words hereinafter prescribed in the 4th line of said section, and by striking the words the salary of the secretary of this commission shall be $1,500 per annum, and in the 10th and 11th lines of said section, so that said section when amended shall read as follows: C. C. Sec. 1565 amended. To be read. Section 1565. No member of this commission shall receive any compensation for services and traveling expenses as a member of this commission, except that the secretary, in addition to the salary, shall receive actual traveling expenses while engaged upon the work of the commission. To enable the commission created by this law to properly discharge its duties, the sum of $6,000 per annum is hereby appropriated for the service of the secretary and other legitimate expenses, to be paid by the State Treasurer upon warrant based on vouchers signed by the secretary and approved by the chairman. Said secretary shall devote his or her entire time to said office under the direction of the commission. The commission shall be provided with suitable quarters in the State capitol. No compensation for members except secretary. $6,000 appropriated for service of secretary and other expenses. How paid and by whom. Quarters of commission. Approved August 20, 1923. Page 58 INCREASE OF CAPITAL STOCK OF TRUST COMPANIES. No. 252. An Act to amend Section 2820 of the Civil Code of Georgia of 1910, relative to the increase of capital stock of trust companies by providing that capital stock of such companies shall not be limited to a sum not exceeding two million dollars. Section 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 2820 of the Civil Code of the State of Georgia of 1910, relative to the increase of the capital stock of trust companies be amended by striking the words to a sum not exceeding two million dollars, in the fourth line of said section, so that said paragraph when so amended shall read as follows: C. C. Sec. 2820 amended. The capital stock of the trust company may be increased from time to time by a vote of two-thirds of the shareholders present at any regular annual meeting or special meeting called for that purpose. Provided, the two-thirds of the capital stock amounts to a majority of the capital stock. The capital stock shall be divided into shares of one hundred dollars each, which shares shall be deemed personal property and shall be transferable in such manner as shall be prescribed by the by-laws of the company. To be read. Increase by a two-thirds vote of stockholders, Provided: Shares $100 each. Personal property and transferable. Sec. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. Page 59 TITLE V. Superior Courts. ACTS. Atlanta Circuit, Superior Court of; Additional Judge; Election, Salary and Powers. Bacon Superior Court; Terms and Grand Juries. Barrow Superior Court; Terms and Grand Juries. Bulloch Superior Court; Additional Terms and Grand Juries. Cook Superior Court; Terms; Grand and Traverse Jurors. Cordele Judicial Circuit; Terms of Superior Courts Therein. Griffin Judicial Circuit. Created. Haralson Superior Court; Terms; Election to Repeal Act of 1916. Houston Superior Court; Terms and Grand Juries. Irwin Superior Court; Terms and Grand Juries. Piedmont Judicial Circuit Created. Walker Superior Court; Terms and Grand Juries. Wheeler Superior Court; Terms. ATLANTA CIRCUIT, SUPERIOR COURT OF; ADDITIONAL JUDGE; ELECTION, SALARY AND POWERS. No. 57. An Act to add an additional judge of the superior court for the Atlanta Circuit; to regulate the manner in which the judges of said Atlanta Circuit shall dispose of the business thereof; to fix the time at which said additional judge shall begin his term, and to authorize the judges of said Atlanta Circuit to formulate, promulgate and enforce rules of procedure in said circuit, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an additional judge of the superior court of the Atlanta Circuit, as authorized under an amendment of the Constitution of this State, approved August Page 60 22d, 1905, and duly ratified, is hereby provided for, and said additional judge shall be appointed by his Excellency, the Governor, for a term of office commencing on the date of his qualification under said appointment and continuing until the first day of January, 1925, and until his successor shall have been duly elected and qualified in the manner now provided by law for the election of judges of the superior court. Additional judge appointed. Election; manner and time. Sec. 2. Be it further enacted by the authority aforesaid, That the successor of said additional judge of the superior court of the Atlanta Circuit shall be elected in the manner now provided by law for the election of judges of the superior courts of this State at the general election to be held on the first Tuesday following the first Monday in November, 1924, for a term of four years, beginning on the first day of January, 1925, and until his successor shall have been elected and qualified. All future elections for such judge shall be for a term of four years, and shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of this State. Election of successor. Terms of office. Sec. 3. Be it further enacted by the authority aforesaid, That the qualifications of such additional judge shall be the same as are now provided by law for all other superior court judges, and his compensation shall be the same as that of the present judges of the superior court of said Atlanta Circuit and all laws now of force relating to the compensation of judges of the superior court of the Atlanta Circuit shall apply to said additional judge; provided, that the salary of said judge or his successor or successors, to be paid out of the State Treasury shall not exceed the amount paid from that source to other judges of the superior courts of this State. But this proviso shall not affect the additional salary provided for by the amendment to the Constitution set out in the Acts of the General Assembly for 1920 at pages 20, et seq., and ratified November 2, 1920, and any Act of the Legislature or any constitutional Page 61 provision under or pursuant to which additional salary or compensation could or should be paid a judge of the superior court of the Atlanta Circuit is hereby made applicable to the judge provided for by this Act. Qualifications and compensation. Additional salary. Sec. 4. Be it further enacted by the authority aforesaid, That said additional judge of the superior court of said Atlanta Circuit, shall have all the powers, jurisdiction, duties and dignity of the present judges of the superior court of the Atlanta Circuit, and of all other judges of the superior courts of said State. Powers, jurisdiction, duties and dignity. Sec. 5. Be it further enacted by the authority aforesaid, That the provisions of the Art. No. 1, page 60, published laws for the session of 1907 of the General Assembly, approved July 23d, 1907, contained in Sections 5 to 11 of said Act, both inclusive, are hereby re-enacted and continued of force and applied to the conditions which will exist when said Atlanta Circuit shall have five judges instead of four as now existing. Provisions reenacted and continued of force. Sec. 6. Be it further enacted by the authority aforesaid, That said judges of the superior court of the Atlanta Circuit or a majority of them may adopt, promulgate and enforce such rules of practice and procedure relative to calling cases on the dockets of said court, making up trial calendars thereof, providing for publication of notices as to calendars and assignment of cases, and the calling of appearance dockets by the clerk instead of the judges and the publication thereof, and providing for the dismissal of cases for want of prosecution or failure of counsel by notice under said rules to bring forward to the trial calendar, and for the assignment of appeal and claim cases and special orders and for checking cases pending other engagements, and providing for holding cases pending sickness of counsel and general rules and regulations for the efficient, prompt and convenient dispatch of the business of said court as in their discretion may be necessary, judicious and proper, and may alter, modify and change Page 62 said rules of practice and procedure in said circuit from time to time as may be necessary and proper. Rules of practice and procedure. Sec. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 17, 1923. BACON SUPERIOR COURT; TERMS, AND GRAND JURIES. No. 190. An Act to change the time of holding the superior court of Bacon County, Georgia, so as to provide that the Spring term of said court shall be held on the third and fourth Mondays in January and the Fall term thereof on the third and fourth Mondays in September, instead of the third Mondays in April and November, respectively, and providing that the grand jurors drawn to serve in said court shall serve only at said court the week of the third Monday of the January term and the week of the third Monday of the September term, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Spring term of the superior court of Bacon County, Georgia, shall be held on the third and fourth Mondays in January and the Fall term thereof on the third and fourth Mondays in September of each and every year, instead of the third Monday in April and November, respectively, as is now provided by statute. Terms and times of holding courts. Sec. 2. Be it further enacted by the authority aforesaid, That the grand jurors drawn to serve in said court shall serve only at said court the week of the third Monday of Page 63 the January term and only the week of the third Monday of the September term of said court. Grand juries. Sec. 3. Be it further enacted by the authority aforesaid, That all writs, bills, processes, orders, summons, subp[UNK]nas, bonds and proceedings of every kind and character now pending in or returnable to said court shall hold good and relate to the terms of as changed and fixed by this Act and that all jurors and witnesses drawn or summoned to attend the November term of said court next after the passage of this Act, shall be held and considered as drawn and summoned to attend the September term thereof, next after the passage of this Act, as herein fixed and prescribed, and shall be required to attend said term of court as thus fixed by this Act. Writs, etc., when returnable. Jurors and witnesses. 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 27, 1923. BARROW SUPERIOR COURT; TERMS, AND GRAND JURIES. No. 459. An Act to provide for holding four terms a year of the superior court of Barrow County; to prescribe the times for holding the same; to prescribe when and how grand juries shall be required to attend said court, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be held in each year four regular terms of the superior court for the County of Barrow. Four yearly terms. Page 64 Sec. 2. Be it further enacted by the authority aforesaid, That the regular terms of said court shall begin on the third Mondays in January, April, July and October of each year and the said regular terms of said court shall be held for two weeks each unless sooner adjourned by the judge in his discretion, so that the regular terms shall cover the two weeks beginning on the third and fourth Mondays in January, April, July and October in each year. Terms of court; two weeks. Sec. 3. Be it further enacted by the authority aforesaid, That the judge of said court shall draw grand juries for the April and October terms of said court and in his discretion should any emergency arise requiring it, he may draw grand juries for the January and July terms, either in term time or in vacation. Grand juries. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. BULLOCH SUPERIOR COURT; ADDITIONAL TERMS, AND GRAND JURIES. No. 112. An Act to provide for the holding of two additional terms of the superior court of Bulloch County, and to prescribe the time for holding of the same, and for the conduct of the business at such additional terms, 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 held two additional terms of the superior court of Bulloch County in the Ogeechee Circuit, in addition to the two terms now held, to wit: On the fourth Page 65 Monday in January and the fourth Monday in July of each year hereafter. Two additional terms, and times of holding courts. Sec. 2. Be it further enacted by the authority aforesaid, That a grand jury shall be drawn for each term of said court, in the discretion of the judge of said court. Provided, however, that the judge of said superior court may, in his discretion for any reason satisfactory to him, decline to hold any term of said superior court, when the business of said court shall not justify him in holding said court. Grand juries. Sec. 3. Be it further enacted by the authority aforesaid, That said additional terms of the superior court to be held in the County of Bulloch, in the Ogeechee Judicial Circuit, to wit: On the fourth Monday in January and July of each year hereafter shall with the exception herein made, be as effectual and complete as the terms of October and April for each and every year of said court. Effectiveness. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1923. COOK SUPERIOR COURT; TERMS; GRAND AND TRAVERSE JURORS. No. 234. An Act to provide for holding four terms in each year of the superior court of Cook County, to provide for the time for holding the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act there shall be held in each year, four terms of the superior court for the County of Cook in the Alapaha Circuit, Page 66 and that each of said terms shall be for a period of two weeks provided the business of the court requires two weeks. Four yearly terms. Two week terms if necessary. Sec. 2. Be it further enacted by the authority aforesaid, That the terms of said court shall begin and be held on the first and second Mondays in February, May, August and November in each year. Times of holding courts. Sec. 3. Be it further enacted by the authority aforesaid, That the judge shall only draw a grand jury for the February and August terms of said court; Provided, that the presiding judge shall not discharge the grand juries at said terms of court, but shall adjourn them subject to call at the next succeeding term, provided, in the discretion of the presiding judge their services shall be needed, provided, on the re-convening of said grand jury their duties shall not require them to perform any other service at said May and November terms than they shall be charged by the presiding judge to attend to at the said May and November terms. Grand juries. Sec. 4. Be it further enacted by the authority aforesaid, That the first week of the February and August terms of said court shall be designated and known as civil week, and no criminal case shall be tried during said week, except by agreement of parties, and after the completion of the civil docket; that the second week of said terms of court shall be designated and known as criminal week, and no civil matters shall be tried during said week, except that when all criminal business ready for trial is disposed of, the court may, by consent of the parties at interest try and dispose of civil cases. First week of February and August terms, civil week. Second weekCriminal week. Sec. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of the judge of the superior court of Cook County to draw two lists of jurors for service at each term of said court, one list to serve as traverse jurors during the first week and the other to serve as traverse jurors during the second week of said court, and it shall be Page 67 the duty of the sheriff of Cook County to summons them accordingly. Traverse jurors. Sec. 6. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become effective until the first day of January, 1924, and that the grand and traverse jurors to be drawn at the regular November term, 1923, of said superior court of Cook County for service at the March term, 1924, of said court, shall be summoned and required to appear and serve at the February term of said court as provided for in this Act. Effective Jan. 1. 1924. Jurors. 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 July 31, 1923. CORDELE JUDICIAL CIRCUIT; TERMS OF SUPERIOR COURTS THEREIN. No. 500. An Act to prescribe the time for holding superior courts in the counties comprising the Cordele Judicial Circuit, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first of January, 1924, the time for holding the superior courts in the counties comprising the Cordele Judicial Circuit, shall be as follows: Cordele Judicial Circuit: times of holding courts from and after Jan. 1. 1924. Ben Hill County: Second and third Mondays in the months of January, April, July and October. Crisp County: Fourth Monday and the Monday following of January, April, July and October. Page 68 Dooly County: Second and third Mondays in the months of February, May, August and November. Wilcox County: Fourth Monday and the Monday following of March, third Monday of July, fourth Monday and the Monday following in November. So that there shall be in each year four terms of two weeks each in the Counties of Ben Hill, Crisp and Dooly, and two terms of two weeks and one term of one week in the County of Wilcox. Four terms of two weeks a year. 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, 1923. GRIFFIN JUDICIAL CIRCUIT CREATED. No. 124. An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the Counties of Spalding, Pike, Upson and Fayette: to provide officers therefor, to fix the terms of court in the several counties of said circuit: to provide when this Act shall take effect, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That there is created and shall exist in Georgia, from and after the time hereinafter in this Act provided, a new judicial circuit, to be known as Griffin Judicial Circuit, and to be composed of the Counties of Spalding, Pike, Upson and Fayette. New judicial circuit created. Name of. Counties comprising. Sec. 2. Be it further enacted by the aforesaid authority, That the superior courts in the several counties composing Page 69 the Griffin Judicial Circuit, shall be regularly held as follows: Times of holding courts in Griffin Judicial Circuit. Spalding: Second and third Mondays in January; third and fourth Mondays in June and October. Pike: Fourth Monday in January; first Monday in February; first and second Mondays in July and November. Upson: Second and third Mondays in February; third and fourth Mondays in July and November. Fayette: First and second Mondays in March, August and December. That there shall be at the Spring and Fall terms of said several courts a grand jury chosen, empanelled and sworn, which shall serve as such as by law is provided, but at the intermediate or Summer terms of said courts, there shall be no grand jury, unless, in the opinion of the judge of said courts, it is expedient or necessary to have a grand jury, in which event, he may, in his discretion, either draw a grand jury for service at such terms, or require the last preceding grand jury to attend and serve as such. Grand juries. Sec. 3. Be it further enacted by the authority aforesaid, That all proceedings and litigations, civil, equitable and criminal, now pending in, or hereafter commenced and remaining undisposed of by the superior courts of the several counties of the Flint Circuit embraced by this Act in the Griffin Circuit, together with all books, papers and records, are hereby transferred to the said several superior courts of the Griffin Judicial Circuit when established, and that all petitions, motions, mesne and final processes, summons, writs and proceedings of every kind, issued out of, or returnable to the several superior courts of the counties composing the Griffin Judicial Circuit, shall, upon the taking effect of this Act, relate to, and hold good in, and be disposed of by the several courts of the said Griffin Judicial Circuit. Transfer of all pending legal matters and proceedings, books, papers, records, etc. Page 70 Sec. 4. Be it further enacted by the aforesaid authority, That, whereas, the said several counties within the proposed Griffin Judicial Circuit are now within and a part of the Flint Judicial Circuit, in and over which said Flint Circuit there are in commission a judge and a solicitor-general, that said judge and solicitor-general, may, upon the passage and approval by the Governor of this Act, select the judicial circuit in which they will perform their respective duties as judge and solicitor-general, for the remainder of their present respective terms, and upon said judge and said solicitor-general filing with the Governor of this State, in writing, a statement setting out the circuit in which they elect to continue to serve during their present commissions, the Governor shall issue commissions to them for the remainder of their said present terms as judge and as solicitor-general, and the Governor shall thereupon, in the same manner as now provided by law, appoint and commission a judge and a solicitor-general for the other judicial circuit, to serve until their successors are elected and qualified, as provided by law, and upon issuing said several commissions by the Governor, he shall issue his proclamation that said Griffin Judicial Circuit has been established by law, and that said several courts of said Griffin Judicial Circuit, shall, upon the signing of said proclamation by the Governor, proceed to function and discharge all duties as by the general laws of this State are provided. Present judge and solicitor-general of Flint Circuit may choose between Griffin and Flint Circuit. Commissions by Governor. Appointment and commission of judge and solicitor-general to other circuit. Proclamation by Governor. Sec. 5. Be it further enacted by the authority aforesaid, That the judge of the superior courts of the Griffin Judicial Circuit, selected and commissioned as provided in the preceding section, and his successors in office, shall receive the same compensation, until otherwise changed by law, and be clothed with all the powers and jurisdiction, and perform all the duties as other superior court judges in this State. Judge of Griffin Circuit: compensation, powers, jurisdiction and duties. Sec. 6. Be it further enacted by the authority aforesaid, That the solicitor-general of the said Griffin Judicial Circuit, selected and commissioned as provided in Section 4 of this Act, and his successors in office, shall have, as such Page 71 solicitor-general, all the powers and jurisdiction, and perform all the duties as other solicitor-generals of this State. Solicitor-general of Griffin Circuit: powers, jurisdiction and duties. And further, That the compensation of the solicitor-general of the Griffin Judicial Circuit, shall be four thousand ($4,000.00) dollars per year, in addition to the salary of two hundred fifty ($250.00) dollars, provided for in the Constitution and paid by the State, and in addition also to insolvent costs in the Supreme Court and Court of Appeals, which said compensation, or salary, shall be paid quarterly by the several counties composing the Griffin Judicial Circuit in proportion, or ratio, that the taxable value of property, as shown by the tax digest for the preceding year, of each of said counties bears to the aggregate taxable value of property of all of said counties as shown by said tax digest. Solicitor-general of Griffin Circuit: compensation. And it is hereby made the duty of the ordinary, or county commissioners, having control of county affairs, to provide by taxation, or otherwise, sufficient funds to pay the portion of said salary assessed against each of said counties, and to pay the same as in this Act provided; and the said salary of the said solicitor-general is hereby made and declared to be a part of the expenses of courts, and the power to levy a tax to provide funds to pay the same is hereby delegated to said county authorities. Duties of county authorities as to portion of salary. All fees, costs and other compensation (except as herein above provided) of the solicitor-general, shall be collected by him and shall be by him paid into the county treasury of the county in which the same was collected, and shall become a part of the general funds of said counties; provided, that said funds may be used by the county authorities to pay the salary of the solicitor-general, and further, that the payment of such salary may be enforced by the judge of the circuit out of said fees, costs and funds, if the county is delinquent in the payment of the same. Certain collections and payments by solicitor-general into county treasury. Judge may enforce payment of salary. Sec. 7. Be it further enacted by the authority aforesaid, That this Act shall, when enacted and approved by the Page 72 Governor, take effect and be in force on and after the time provided in Section four hereof. When effective. Sec. 8. Be it further enacted by the aforesaid authority, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1923. HARALSON SUPERIOR COURT; TERMS; ELECTION TO REPEAL ACT OF 1916. No. 413. An Act to repeal an Act entitled an Act to increase the number of terms of the Haralson Superior Court of Haralson County, Georgia, and for other purposes, approved August 2, 1916, so as to repeal said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act to increase the number of terms of Haralson Superior Court of Haralson County, Georgia, and for other purposes, approved August 2, 1916, be and same is hereby repealed: Provided, this Act shall not go into effect until January 1, 1924. Act of 1916 repealed. This Act not of force until Jan. 1, 1924. Sec. 2. Be it further enacted by the authority aforesaid, That the superior court of Haralson County shall convene on the third Mondays in January and July of each year after the approval of this Act, and as it did before the approval of the Act of August 2, 1916: Provided, that the provisions of this bill shall not go into effect until an election has been called by the ordinary of the County of Haralson, as hereinafter provided. Times of holding courts. Proviso as to election. Sec. 3. Be it further enacted, That the ordinary of the County of Haralson shall, on the first Wednesday in November, 1923, next, call an election in each precinct in the Page 73 County of Haralson, which election shall be held under same rules and regulations governing general elections in said State, and at which election all the qualified voters of said County of Haralson shall be entitled to vote. At said election the tickets to be voted shall be as follows: For the repeal of the Act to increase the number of terms of the Haralson Superior Court of Haralson County, and Against Act repealing Act to increase the number of terms of the Haralson Superior Court of Haralson County. Those desiring to vote for the repeal of the Act to increase the number of terms of Haralson Superior Court of Haralson County, shall vote the ticket on which shall be written or printed: For the repeal of the Act to increase the number of terms of the Haralson Superior Court of Haralson County. Those voting against the repeal of said Act shall vote the ticket on which shall be written or printed: Against repealing Act to increase the number of terms of the Haralson Superior Court of Haralson County. Call of election by ordinary. Ballots; inscription of. Sec. 4. Be it further enacted by the authority aforesaid, That the returns from the said election shall be made to the ordinary of the County of Haralson by (12) twelve o'clock noon, on the day following said election and he shall declare the result of said election, and if a majority of the voters shall be for the repeal of the Act to increase the number of terms of the Haralson Superior Court of Haralson County, the provisions in this Act shall immediately go into effect; Provided, however, that if a majority of voters in said county, as shown by said returns, shall be against the repeal of the Act to increase the number of terms of the Haralson Superior Court of Haralson County, then the provisions of this Act shall not go into effect. Returns of election to ordinary. Result declared. Sec. 5. Be it further enacted by the authority aforesaid, That the repealing clause of said bill, number three (No. 3), be changed and re-numbered as number five (No. 5). Repealing clause re-numbered. Page 74 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, 1923. HOUSTON SUPERIOR COURT; TERMS, AND GRAND JURIES. No. 340. An Act to provide for holding four terms a year of the superior court of Houston County, to prescribe the time for holding the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That there shall be held in each year four terms of the superior court in and for the County of Houston, said State, in the Macon Judicial Circuit. Four yearly terms. Sec. 2. Be it further enacted by the authority aforesaid, That the terms of said court shall be held on the fourth Monday in January, on the first Monday in April, on the fourth Monday in July, and on the first Monday in October of each year. Times of holding courts. Sec. 3. Be it further enacted by the authority aforesaid, That the judge of said court shall draw a grand jury for the April and October terms only of said court; provided, that the presiding judge in his discretion might require the attendance of a grand jury at the January and July terms, or either of them, if in his judgment the business of the court should require it. Grand juries. Sec. 4. Be it further enacted by the authority aforesaid, That this law shall not become effective in any event before the first day of January, 1924, and shall not be effective at all unless the bill to abolish the city court of Houston County, which bill shall be introduced, passed and approved Page 75 at the 1923 session of the General Assembly of Georgia, shall be ratified as in said bill provided by a majority of the qualified voters of Houston County at the special election called for the purpose of voting for determining the question of ratifying or rejecting the said bill. When effective and when not effective. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1923. IRWIN SUPERIOR COURT; TERMS, AND GRAND JURIES. No. 412. An Act to provide for holding three terms a year of the superior court of Irwin County; to prescribe the time for holding the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after September 1st, 1923, there shall be held in each year three terms of the superior court for the County of Irwin, in the Tifton Circuit. Three yearly terms after Sept. 1, 1923. Sec. 2. Be it further enacted, That the terms of said court shall begin on the first Monday in February, first Monday in August and first Monday in November in each year, and said court shall continue in session at each term thereof for the full period of two weeks or so much of said period as shall be necessary to complete the business of said court in the discretion of the trial judge, or until properly adjourned. Times of holding courts. Sec. 3. Be it further enacted, That the judge shall only draw a grand jury for the February and November terms of said court; provided, that the presiding judge in his Page 76 discretion may in term time or vacation draw and require the attendance of the grand jury at the August term if the business of the court shall require it. Grand juries. Sec. 4. Be it further enacted, That all writs, orders, summons, subp[UNK]nas, bails, bonds, and all processes and proceedings of every kind and character to said court and pending therein, shall hold good and relate to the term of the court as changed and fixed as provided by this Act, and that all persons who may be summoned and who have already been summoned to attend said court at the time now fixed by law shall be required to attend the corresponding terms as changed and fixed as provided in this Act. All writs summons, etc., relate to changed terms. 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 7, 1923. PIEDMONT JUDICIAL CIRCUIT CREATED. No. 348. An Act to create a new judicial circuit, to provide a judge and solicitor-general for said circuit, to amend an Act approved August 19th, 1918, entitled an Act to abolish the fee system now existing in the superior courts of the Western Judicial Circuit, providing for the payment of a salary of the solicitor-general and for the purpose of paying the salary of said solicitor-general, by amending Paragraph 1 of Section 2 of said Act, and for other purposes. Section 1. Be it, and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, a new judicial circuit be and the same is hereby created, to be known as the Piedmont Circuit, Page 77 and to be composed of the superior courts of the counties of Gwinnett, Barrow, Jackson and Banks. New judicial circuit created. Name of. Counties comprising. Sec. 2. Be it further enacted by the authority aforesaid, That the offices of judge and solicitor-general of the superior courts of the Piedmont Circuit be, and the same are hereby created; such officers to have the same jurisdiction, powers and compensation as the judges and solicitors-general of other circuits of this State. judge and solicitor-general of Piedmont Circuit; jurisdiction, powers, and compensation. Sec. 3. Be it further enacted by the same authority, That for the Piedmont Judicial Circuit, provided for by this Act, the Governor of this State shall appoint a judge and a solicitor-general of the superior courts of the Piedmont Circuit to exercise the functions of their respective offices from the passage of this Act until their successors are elected and qualified as now provided by law for the election of the judges and solicitors-general of the several judicial circuits of this State at the next general election for members of the next General Assembly. Judge and solicitor-general appointed until successors elected. Sec. 4. Be it further enacted by the authority aforesaid, That all the litigation now pending in the counties of the newly created circuit, together with the books and records of the superior courts in each of said counties, are hereby transferred to the Piedmont Circuit. Transfer of pending litigations; also books, records, etc. Sec. 5. Be it further enacted by the same authority, That the courts of the counties of the Piedmont Circuit shall be held as follows: Gwinnett County, on the first Mondays in March, June, September and December; Barrow County, on the fourth Monday in March, third Monday in June, fourth Monday in September and third Monday in December; Jackson County, on the first Mondays in February and August; Banks County, on the third Mondays in March and September. Times of holding courts. Provided, however, that the grand juries of the counties of this circuit shall not be convened except for the Spring and Fall terms of the court, unless in the discretion of Page 78 the presiding judge it shall be deemed expedient to call a special session of the grand juries at some other term. Grand juries. Sec. 6. Be it further enacted by the same authority, That Paragraph 1 of Section 2 of the Acts of the General Assembly of 1918, approved August 19th, 1918, Page 394, be and the same is hereby amended by striking from said Paragraph in Section 2 the following words and figures, to wit: Barrow County shall pay $900.00; Banks County shall pay $250.00; Clarke County shall pay $750.00; Gwinnett County shall pay $1,000.00; Jackson County shall pay $625.00; Oconee County shall pay $425.00; Walton County shall pay $800.00, and insert in lieu thereof the following words and figures: Clarke County shall pay $1,950.00; Oconee County shall pay $850.00; Walton County shall pay $1,950.00; so that said Paragraph 1 of said Section 2 shall read as follows: Section 2. The salary of the solicitor-general of said Western Judicial Circuit shall be the sum of $4,750.00 per annum, in addition to the salary of $250.00 per annum prescribed in Paragraph 1 of Section 13 of Article 6 of the Constitution of this State, which said salary (addition to the constitutional salary of $250.00 per annum) shall be paid pro rata out of the general treasuries of the various counties composing the said circuit in the following proportions, to wit: Clarke County shall pay $1,950.00; Oconee County shall pay $850.00; Walton County shall pay $1,950.00. This proportion of salary by the several counties of said circuit shall be of force until the completion and promulgation of the Federal census of 1920, when said proportion of salary of the solicitor-general of said circuit by the several counties of said circuit shall be revised, but the several counties shall continue to pay in the proportion herein fixed until the revision is made. Act of 1918, Sec. 2, Par. 1, amended. Salary of solicitor-general. Paid pro rata by counties. Federal census of 1920; revision. 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, 1923. Page 79 WALKER SUPERIOR COURT; TERMS, AND GRAND JURIES. No. 514. An Act to provide for holding four terms a year of the superior court of Walker 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. 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 there shall be held in each year four terms of the superior court for the County of Walker. Four yearly terms. Sec. 2. Be it further enacted, That the terms of said court shall begin on the third Monday in February, the first Monday in May, the third Monday in August and the first Monday in November in each and every year. Times of holding courts. Sec. 3. Be it further enacted, That the terms of said court beginning on the first Monday in May and the first Monday in November of each and every year shall not continue open for the transaction of business requiring the attendance of jurors for a period longer than two weeks. Attendance of jurors to May and November terms. Sec. 4. Be it further enacted, That the judge of said court shall draw grand juries for the February and August terms of said court, and, if the business of the court requires, said judge may, in his discretion, require the attendance of grand juries at the May and November terms, or either of said terms, but said grand juries at the May and November terms shall not be required to perform any duties other than those especially charged by the presiding judge at said terms. Grand juries. Sec. 5. Be it further enacted, That all cases brought to the August, 1923, term of said court, which are not by law triable at that term, unless legally continued shall Page 80 stand for trial at the November term, 1923, and, except as otherwise provided by law, all cases shall be triable at the second term as said terms exist under this Act. August, 1923, term. November, 1923. term. 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 18, 1923. WHEELER SUPERIOR COURT; TERMS. No. 263. An Act to change the terms of Wheeler superior court, to reduce the number of terms to be held in said county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the superior court of Wheeler County shall have two terms of two weeks each in each year, the first term beginning with the September term, 1923, and to begin on fourth Monday in September, 1923, and the second term beginning on the fourth Monday in March, 1924. Two terms yearly. Sec. 2. Be it further enacted, That the February and June terms of said superior court for the County of Wheeler, be and the same are hereby abolished. February and June terms abolished. Sec. 3. 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 4, 1923. Page 81 TITLE VI. Miscellaneous Civil and Penal Laws. ACTS Civil Laws. Application for Charter or Articles of Incorporation; Notice Required. Board of Drainage Commissioners; Act of 1911 Amended. Court Costs in Certain Counties. Extension Work in Agriculture and Home Economics; Demonstration Agents. Fire or Stampede Hazards in Public Schools; Protection Against. Georgia School of Technology; Board of Trustees. Georgia Workmen's Compensation Act Amended. High Schools; Joint Building and Maintenance; Contract for. Highway Lighting; Certain Counties May Contract for. Innkeepers; Lien on Guests' Property. Insecticides; Agricultural and Horticultural; Ingredients of Must be Shown. Official Court Reporters in Certain Counties. Playgrounds and Recreation Centers; Cities and Towns May Establish and Maintain. Record in One County When Execution is Before Officer of Another County Without Jurisdiction. Recording of Plats and Subdivision of Land in Certain Counties. Regulation of Incorporated Mutual or Co-operative Fire Insurance Companies. School Funds Supplemented in Certain Counties. Service Bureau Created. Sinking Funds of Municipal Corporations; Protection of. Southern Railway Company; Authority to Build a Side-Track or Spur-Track In or Near Dalton. State Agricultural and Mechanical Schools; Maintenance; Act of 1922 Amended. State Board of Health; Membership; Act of 1914 Amended. State Libraries in Certain Counties. Street Railroads; Corporate Powers; Act of 1892 Amended. United States and Georgia Constitutions Taught in Public Schools of State. Penal Laws. Fishing in Charlton County. Fishing in Douglas County. Protection of Quail in Certain Counties. Shooting of Quail in Douglas County. Turning Loose of Fox in Douglas County. Page 82 APPLICATION FOR CHARTER OR ARTICLES OF INCORPORATION; NOTICE REQUIRED. No. 220. An Act to provide for giving notice to any person, order, lodge, society or corporation whose name is sought to be used or mentioned in connection with the granting of charter or articles of incorporation or in connection with the organization of any corporation without the knowledge or consent of such person, etc., and for filing objections by such person, etc., to the granting of such charter or articles of incorporation to any person or persons making application therefor; and to authorize the superior court or judges thereof, or the Secretary of State, either to grant or refuse to grant such charter or articles of incorporation under the pleadings or evidence in the case, after hearing, in their discretion to provide for writs of error and motions for new trial or appeal from the judgment of the trial judge or trial court, or the Secretary of State to the Court of Appeals or the Supreme Court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, whenever application is made to the superior courts of this State or to any of the judges thereof, or to the Secretary of State, to obtain a charter or the authorization of articles of incorporation, for any purpose, it shall be unlawful in such case to use the name of any person, order, lodge, society or corporation, either as a corporate name or mentioned in connection with the purpose of such proposed organization, without the consent of such person, lodge, order, society or corporation. When application is made in such case to obtain a charter or articles of incorporation it shall be the duty of the applicant or applicants to notify such person, order, lodge, society or corporation of such intention to apply for a charter or articles of incorporation by registered letter mailed to the person, etc., whose name Page 83 is to be so used, at his or its residence or business address, stating the proposed name of the organization, its purposes, etc., and the time and place at which such application will be passed upon by the superior court, or the judge thereof, or the Secretary of State, as the case may be, at least fifteen (15) days previous to the time of passing upon such application for charter or articles of incorporation. Application for charter or articles of incorporation. Unlawful use of name. Duty of applicant as to notice. Notice: how given. Time of notice. Sec. 2. Be it further enacted by the authority aforesaid, That it shall be the right of any person, order, lodge, society or corporation interested in the result of such application, and who objects to the granting of such charter or articles of incorporation, to file objections to such grant and to appear before the superior court or the judge thereof, or the Secretary of State, as the case may be, and file written objection thereto and such court or judge or Secretary of State may, after hearing the issue formed by the application and objections filed thereto, and after hearing evidence thereon, in its or his discretion grant or refuse such charter or articles of incorporation. The hearing on such application and objections filed thereto may be heard at such time and place within the county where the application is made under appropriate order of the superior court or the judge thereof, or the Secretary of State, as may be fair and just to all parties concerned. Objections to grant may be filed. Time and place of hearing. Sec. 3. Be it further enacted by the authority aforesaid, That either party to the cause who is dissatisfied with the judgment of the superior court or the judge thereof, or the action of the Secretary of State, may except to such judgment or action and take the case to the Court of Appeals or the Supreme Court, by writ of error or motion for a new trial, as now provided by law for taking cases to those courts. Exceptions may be made by either party. Writs of error. etc. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. Page 84 BOARD OF DRAINAGE COMMISSIONERS, ACT OF 1911 AMENDED. No. 148. An Act to amend an Act of the General Assembly of the State of Georgia approved August 19, 1911, and entitled: An Act to promote the public health, convenience and welfare by leveeing, ditching and draining the wet, swamp and overflowed lands of the State, and providing for the establishment of levee or drainage districts, for the purpose of enlarging or changing any natural water courses, and for digging ditches or canals for securing better drainage or providing better outlets for drainage, for building levees or embankments and installing tide gates or pumping plants for the reclamation of overflowed lands, and prescribing a method for so doing; and providing for the assessment and collection of the cost and expense of the same, and issuing and selling bonds therefor, and for the care and maintenance of such improvements, when constructed; and for other purposes, as now amended, so as to make it the duty of the Board of Drainage Commissioners to see to the enforcement of payment of all drainage assessments, and to see that all officers and persons charged with the performance of any duty under said Act and the amendments thereto shall promptly and faithfully discharge their respective duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 34, as now amended, of the above entitled Act of August 19, 1911, shall be and is hereby amended by adding to said Section 34, as now amended, at the end thereof; the following paragraph, to wit: Act of 1911 amended. Addition to Section 34. It shall be the duty of said Board of Drainage Commissioners to see that executions to enforce payment of all unpaid assessments aforesaid are issued by the tax collector Page 85 not later than the 15th day of January of each year, and are immediately placed by him in the hands of the sheriff or other proper levying officer and to see that levy is promptly made and followed in due course by advertisement and sale of the land in said drainage district of each person who fails to make payment in full to such levying officer on or before the 15th day of February in each year, and it shall be their further duty to see that all county officers and persons charged with any duty herein, including the levying of a special tax assessment and collection of the same, shall promptly and faithfully discharge their respective duties. Duty as to enforcement of executions. Advertisement and sale of land. Further duties. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 20, 1923. COURT COSTS IN CERTAIN COUNTIES. No. 323. An Act to amend an Act entitled An Act to amend an Act to provide 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, approved August 13th, 1910, and as amended August 15th, 1921. 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 an Act entitled An Act to amend an Act to provide for payment by counties in this State having a population, according to Page 86 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 13th, 1910, and as amended August 15th, 1921, be and the same is hereby amended by striking out of the caption thereof the words census of 1900, and by striking out of Section 1 the words census of 1900 and census of 1920, and inserting in each place in lieu of the words stricken the following words: last census, so that when amended said Act will read as follows: Acts of 1910 and 1921 amended. An Act to amend an Act to provide for payment by counties in this State having a population, according to the last census, 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 13th, 1910. Caption as amended, to read. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that an Act entitled An Act to provide for the payment by counties in this State having a population, according to the last census, 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 13th, 1910, be and the same is hereby amended by adding at the end of Section 1 the following words: Provided, further, that the terms and provisions of this Act shall also apply to and control in Page 87 all counties in this State having, according to the last census, a population of not less than 23,550, nor more than 23,560, of not less than 14,325, nor more than 14,335, and of not less than 9,980, nor more than 9,990, so that when amended said section will read: Section 1. 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 last census, a population 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, 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 justice of the peace and constables in said cases 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 last census, a population of not less than 23,550, nor more than 23,560, of not less than 14,325, nor more than 14,335, and not less than 9,980, nor more than 9,990. Sec. 1. as amended, to read. Certain counties. Misdemeanor convicts. Court costs. Application to certain other counties. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 28, 1923. Page 88 EXTENSION WORK IN AGRICULTURE AND HOME ECONOMICS; DEMONSTRATION AGENTS. No. 51. An Act to confer upon the county commissioners or ordinaries of the counties of this State authority to promote extension work in agriculture and home economics, and pay therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That power is conferred hereby upon the county tax levying authorities of the several counties of this State, as well as the county boards of education, to carry on educational work for the promotion of the extension work in agriculture and home economics under the provisions of Act of Congress, approved May 8, 1914 (Barnes' Federal Code 8413, 8414, 8518), and Act of the General Assembly of Georgia, approved August 14, 1914, and Acts amendatory thereof, by employing county agricultural agents and home demonstration agents and supervising their work, and paying therefor. Power conferred. Extension work in agriculture and home economics. Act of Congress 1914, etc. Demonstration agents. 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 18, 1923. FIRE OR STAMPEDE HAZARDS IN PUBLIC SCHOOLS, PROTECTION AGAINST. No. 9. An Act to provide safety against fire hazards or stampedes from other causes for pupils in public schools in Georgia; to make it illegal to pay out public moneys for the maintenance of schools in buildings where the provisions of this Act are not complied with, and for other purposes. Page 89 Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That it shall be illegal for any county superintendent, school treasurer, or other disbursing officer, to pay out any money for the maintenance of any public school while operated in a schoolhouse of two or more stories not provided with ample means of escape from fire or stampedes from other causes, as hereinafter prescribed. Illegal payments. Two or more stories without fire escapes. Fire or stampedes. Sec. 2. Be it further enacted by the authority aforesaid, That no county board of education of this State shall pay out any funds for maintenance of the public schools in their respective counties until said board shall have required and caused the county school superintendent to make an inspection of the school buildings of said county and file his report of said inspections with the several county boards of education that the requirements of this Act as to fire escapes and safety as prescribed herein have been fully complied with. Provided, however, that in incorporated towns and cities owning and maintaining school buildings, said inspection and report shall be made and filed by the president of the board of education or chairman of the board of trustees or other school authorities in said towns or cities. County school superintendent to make inspection and report. Proviso as to inspections and reports in incorporated towns and cities. Sec. 3. Be it further enacted by the authority aforesaid, That minimum requirements for safety as required in this bill shall consist of easy means of exit from not less than two opposite sides of the school building, and, further, that all hall doors shall open outward, and where in cases of old buildings there is only one stairway, there must be provided before the school can be legally operated another stairway for exit on the opposite side of the building, or a safe ladder securely fastened to the building and extending from one or more windows on the side of the building opposite the stairway and reaching to within six feet of the ground. Minimum safety requirements as to exits. Escapes on both sides of building. Sec. 4. Be it further enacted, That no public moneys can be legally paid out for the operation of a public school in Page 90 a house where the stove pipe runs through the side of the building, or through a window, or through the roof without being safely encased in a brick flue. Defect in heating installation. 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 18, 1923. GEORGIA SCHOOL OF TECHNOLOGY; BOARD OF TRUSTEES. No. 385. An Act to enlarge the membership of the local Board of Trustees of the Georgia School of Technology; to define and provide for the rearrangement of the term of office of the membership of said local board and for filling vacancies thereon; to change the name of the said local board of trustees; to provide for two regular meetings annually of said board; to prescribe for certain powers of the chairman of the executive committee of said board, and for other purposes. Section 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority of the same, That the local Board of Trustees of the Georgia School of Technology be and the same is hereby increased from nine (9) members to twelve (12) members and the board of trustees is hereby authorized and directed to elect the additional three (3) members from among the alumni or former students of said Georgia School of Technology, who may be either from within or without the State of Georgia. These three additional members to be elected by the board for terms of 2, 4 and 6 years, respectively, as fixed by the board, and their successors shall be likewise elected by the board of trustees from among the alumni or Page 91 former students of the institution, and for a term of six years. Membership increased. Alumni or former student members. How elected and terms of office, 2, 4 and 6 years. Sec. 2. Be it further enacted by the authority aforesaid, That as and when a vacancy occurs on the present constituted local board, said vacancy shall be filled by the election of a member whose term shall be for a period of six years, and in the event of a vacancy occurring by the death, resignation, or otherwise, of such member so elected for term of six years, the board of trustees shall elect a member to serve the unexpired term so left vacant. Vacancies on present board, how filled, elected for six years. Vacancy of member elected for six years, election for unexpired term. Sec. 3. Be it further enacted by the authority aforesaid, That seven members of the board of trustees shall constitute a quorum of said board for the transaction of business. Seven members a quorum. Sec. 4. Be it further enacted by the authority aforesaid, That inasmuch as by the Act of 1919 the local board of trustees is made the board of control of said institution, the said board shall be hereafter known and designated as the Governing Board of Trustees of said institution instead of the local board. Governing Board of Trustees. Sec. 5. Be it further enacted by the authority aforesaid, That two regular meetings of the Board of Trustees of the Georgia School of Technology shall be held annually instead of four regular meetings of said board, as now provided, and that the said two regular meetings shall be held on the second Wednesday in January and on the Saturday immediately preceding the commencement exercises of said institution each year. Two regular meetings. Times of meetings. Sec. 6. Be it further enacted by the authority aforesaid, That the chairman of the executive committee shall have all the right and power of the chairman of the board to execute deeds of conveyance to any real estate belonging to the institution whenever directed to do so by the board in the absence or disability of the chairman of the board. Execution of deeds, etc. Page 92 Sec. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. GEORGIA WORKMEN'S COMPENSATION ACT AMENDED. No. 64. An Act to amend an Act entitled an Act to prevent industrial accidents; to provide medical and surgical care for injured employees; to establish rates of compensation for personal injuries or deaths sustained by employees in the course of employment; to provide methods for insuring the payment of such compensation; to create an industrial commission for the administration of this Act, and to prescribe the powers and duties of such commission, and for other purposes; approved August 17, 1920, and the Act amendatory thereof, approved August 16, 1922, by striking Section 23 and substituting a new section therefor prescribing the manner and times of giving notice of an accident to the employer or his representatives; by amending Section 24, so as to insert the word written before the word notice in the first line of said section; by striking the last sentence of said section and substituting the sentence, Said notice shall be given personally to the employer, or his agent, representative, foreman, or immediate superior of the injured employee, or may be sent by registered letter addressed to the employer at his last known residence or place of business, by amending Section 32 so as to provide that compensation for total incapacity for work shall be payable in addition to the compensation payable for accidents specified in said section; by providing for the payment of death benefits when employees are killed instantly by amending Section Page 93 40 so that the total compensation shall not exceed $5,000.00; by amending Section 65 by providing penalties for an employer who refuses or wilfully neglects to comply with the provisions of Section 65; by amending Section 67 by providing a penalty for an employer who refuses or wilfully neglects to comply with the provisions of Section 67 and others relating thereto, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved August 17, 1920, entitled An Act to prevent industrial accidents; to provide medical and surgical care for injured employees; to establish rates of compensation for personal injuries or death sustained by employees in the course of employment; to provide methods of insuring the payment of such compensation; to create the industrial commission for the administration of this Act and to prescribe the powers of such commission, and for other purposes, and the Act amendatory thereof, approved August 16, 1922, be amended by striking the whole of Section 23 of said Act and substituting in lieu thereof a new section as follows: Acts of 1920 and 1922 amended. Sec. 23. Be it further enacted, That every injured employee or his representative shall immediately on the occurrence of any accident, or as soon thereafter as practicable, give or cause to be given to the employer, his agent, representative, foreman, or the immediate superior of the injured employee, a notice of the accident. This notice shall be given by the employee, either in person or by his representative, and until such notice is given the employee shall not be entitled to any physician's fees nor to any compensation which may have accrued under the terms of this Act prior to the giving of such notice. In the event a notice has not been given within thirty days after the accident, either in person by the employee or his representative, to the employer, his agent, representative, foreman, or the immediate superior of the injured employee, a written Page 94 notice must be given. This written notice will not be required where an injured employee or his representative has given notice in person to the employer, his agent, representative, foreman, or the immediate superior of the injured employee. No compensation will be payable unless such notice, either oral or written, is given within thirty days after the occurrence of an accident or within thirty days after death resulting from an accident, unless it can be shown that the employee had been prevented from doing so by reason of physical or mental incapacity or by fraud or deceit, or that the employer, his agent, representative, foreman, or the immediate superior of the injured employee had knowledge of the accident, or unless a reasonable excuse is made to the satisfaction of the commission for not giving such notice, and it is reasonably proved to the satisfaction of the commission that the employer had not been prejudiced thereby. Sec. 23. as amended, to read. Notice of accident or injury by employee in person or by his representative. Written notice must be given after thirty days. Time of notice. No compensation, when. Reasonable excuse. Sec. 2. Be it further enacted, That Section 24 of said Act be amended by inserting the word written immediately before the word notice in the first line of said section; and by striking the last sentence of said section and substituting therefor the following sentence: Said notice shall be given personally to the employer, or his agent, representative, foreman, or immediate superior of the injured employee, or may be sent by registered letter addressed to the employer at his last known residence or place of business, so that said section when amended shall read as follows: Amendment of Sec. 24. Sec. 24. Be it further enacted, That the written notice provided in the foregoing section shall state in ordinary language the name and address of the employee, the time, place, nature and cause of the accident and of the resulting injury or death, and shall be signed by the employee or by a person in his behalf, or in the event of his death by any one or more of his dependents or by a person in their Page 95 behalf. No defect or inaccuracy in the notice shall be a bar to compensation unless the employer shall prove that his interest was prejudiced thereby, and then only to such extent as the prejudice. Said notice shall be given personally to the employer, or his agent, representative, foreman, or immediate superior of the injured employee, or may be sent by registered letter addressed to the employer at his last known residence or place of business. What notice shall state and how signed. Defect or inaccuracy in notice. How given. Registered mail. Sec. 3. Be it further enacted, That the first paragraph of Section 32 of said Act be stricken, and the following be substituted therefor: Sec. 32. Par. 1, stricken; substitution. Sec. 32. Be it further enacted, That in the cases included by the following schedule the permanent partial industrial handicap, in each case, shall be compensated by payments for the period specified, and the compensation so paid for such handicap shall be as specified therein, and shall be in lieu of all other compensation for the permanent partial handicap. In addition to the compensation provided in the schedule for permanent partial handicap, compensation for total incapacity for work, as provided in Section 30, shall be paid, but compensation for total incapacity for work shall in no case be paid for a period longer than ten weeks. Compensation payments. Total incapacity for work. Sec. 4. Be it further enacted, That the second paragraph of Section 38 be stricken, and the following substituted therefor: Sec. 38. Par. 2 stricken: substitution. If death results instantly from an accident arising out of and in the course of the employment, or if during the period of disability caused by an accident death results proximately therefrom, the compensation under this Act shall be as follows. Compensation in case of death. Sec. 5. Be it further enacted, That the word four appearing in Section 40 of said Act be stricken, and the word five be inserted in lieu thereof, so that said section when amended shall read as follows: Sec. 40 amended. Page 96 Sec. 40. Be it further enacted, That the total compensation payable under this Act shall in no case exceed five thousand dollars. Total compensation. Sec. 6. Be it further enacted, That Subsection (a) of Section 65 of said Act be amended by striking the word fourteen in the second sentence of said subsection and substituting therefor the word seven and that Subsection (e) of Section 65 of said Act be amended by striking therefrom the words, to be recoverable in any court of competent jurisdiction in a suit by the commission, and substituting in place therefor the words, to be assessed by a commissioner in an open hearing, with the right to review as in other cases. In the event the employer has transmitted the report to the insurance carrier for transmission by the insurance carrier to the industrial commission, the insurance carrier wilfully neglecting or failing to transmit the report when made to the insurance carrier by the employer shall be liable and shall pay the fine, so that said section when amended shall read as follows: Sec. 65. subsections (a) and (e) amended. Sec. 65. Be it further enacted, That, (a) Every employer who accepts the provisions of this Act, relative to the payment of compensation, shall hereafter keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment, on blanks approved by the commission. Within ten days after the occurrence and knowledge thereof, as provided in Section 23, of an injury to an employee requiring medical or surgical treatment, or causing his absence from work for more than seven days, a report thereof shall be made in writing and mailed to the commission on blanks to be procured from the commission for this purpose. (b) The records of the commission, insofar as they refer to accidents, injuries and settlements, shall not be open to the public; but only to the parties satisfying the commission of their interest in such records and the right to inspect them. (c) Upon the termination of the disability of the injured employee, the employer shall make a supplementary report to the Page 97 commission on blanks to be procured from the commission for the purpose. (d) The said report shall contain the name, nature and location of the business of the employer, and name, age, sex and wages and occupation of the injured employee, and shall state the date and hour of the accident causing the injury, the nature and cause of the injury and such other information as may be required by the commission. (e) Any such employer who refuses or wilfully neglects to make report required by this section shall be liable for a penalty of not more than twenty-five dollars for each refusal or wilful neglect, to be assessed by a commissioner in an open hearing, with the right of review as in other cases. In the event the employer has transmitted the report to the insurance carrier for transmission by the insurance carrier to the industrial commission, the insurance carrier wilfully neglecting or failing to transmit the report when made to the insurance carrier by the employer shall be liable or shall pay the fine. Duty of employer as to records and reports. Report to commission within 10 days. Records of commission. Supplementary report. What supplementary report shall contain. Penalty for failure to make report. Liability of insurance carrier for wilful neglect or failing to transmit report. Sec. 7. Be it further enacted, That Section 67 of said Act be amended by striking therefrom the whole Subsection (b) and substituting in lieu thereof the following: If such employer refuses or wilfully neglects to comply with these provisions he shall be guilty of a misdemeanor and shall be punished as provided in Section 1065 of the Penal Code of 1910. In addition thereto, the industrial commission hearing any application for compensation by an injured employee of such delinquent employer may assess against such employer compensation in an amount greater by ten per cent. than that provided for in this Act, and shall also fix a reasonable attorney's fee for the representative of the employee to be paid the employee in addition to the increased compensation. The said attorney's fee and said increase of compensation shall be due and payable at once, and the payment of same shall be enforced as provided elsewhere in this Act, so that said section when amended shall read as follows: Sec. 67. subsection (b) stricken; substitution. Page 98 Sec. 67. Be it further enacted, That, (a) Every employer accepting the compensation provisions of this Act shall within thirty days after this Act takes effect file with the commission as prescribed by it, and thereafter annually, or as often as the commission, in its discretion, may deem necessary, evidence satisfactory to the commission of his compliance with the provisions of Section 66 and all others relating thereto. (b) If such employer refuses or wilfully neglects to comply with these provisions he shall be guilty of a misdemeanor and shall be punished as provided in Section 1065 of the Penal Code of 1910. In addition thereto, the industrial commission hearing any application for compensation by an injured employee of such delinquent employer may assess against such employer compensation in an amount greater by ten per cent. than that provided for in this Act, and shall also fix a reasonable attorney's fee for the representative of the employee to be paid by the employer in addition to the increased compensation. The said attorney's fee and said increase of compensation shall be due and payable at once, and the payment of same shall be enforced as provided elsewhere in this Act. Evidence of compliance to be filed. Penalty for refusal or neglect. Misdemeanor under C. C. Sec. 1065. Assessment of 10 per cent. increased compensation. Attorney's fee. When due and payable; enforcement. Sec. 8. 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 18, 1923. HIGH SCHOOLS, JOINT BUILDING AND MAINTENANCE; CONTRACT FOR. No. 20. An Act to authorize counties and municipalities located within such counties (having independent school systems supported in whole or in part by local taxation) to contract with each other for the joint building and Page 99 maintenance of high school buildings to be located within such municipalities for the joint use of the children of such cities and counties, to issue bonds to erect such buildings, to build and maintain such high school buildings and to levy taxes for the payment of such bonds and the maintenance of such buildings, 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 counties and municipalities located therein (having independent school systems supported in whole or in part by local taxation) may contract with each other for the joint building and maintenance of high school buildings to be located within such municipalities for the joint use of the children living in such municipalities and those living in the county outside of the limit of such municipalities. Counties and certain municipalities. Joint building and maintenance. High schools for joint use. Sec. 2. Be it further enacted by the authority aforesaid, That the contract provided for in the preceding section shall be entered into, in the first instance, by the city board of education and county board of education, or by other authorities by whatever name called, having charge of the educational affairs of the city and county, respectively, upon such terms and conditions as may be agreed on, and shall then be approved and confirmed by the mayor and council and board of county commissioners, or other authorities by whatever name called, having charge of the fiscal affairs of the city and county, respectively. How contract entered into. How approved and confirmed. Sec. 3. Be it further enacted by the authority aforesaid, That when such contract has been made and approved, as provided in the preceding sections, then the authorities of the county and municipality having charge of their fiscal affairs may issue bonds for their proportion of the cost of such buildings, as agreed on, in the manner provided by law for the issuance of bonds by a county or municipality; and the call for election shall provide that if the Page 100 other contracting party shall fail to carry an election for bonds, for the same purpose, the election for bonds provided for in the call, even if carried, shall not be effective and that all previous Acts in connection with the issuance of said bonds shall, in such event, be void and of no effect. Issuance of bonds. Call of election; provisions. When previous Acts void. Sec. 4. Be it further enacted by the authority aforesaid, That when an election for such bonds has been carried as provided by law, then the county and municipal authorities may thereafter each levy a tax sufficient to pay the principal and interest of such bonds, issued by each party, and the cost of maintenance of such building, in addition to any other taxes they are now authorized by law to levy. Levy of taxes to pay bonds, etc. Sec. 5. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not be construed to be the exclusive means for the building of high school buildings but the provisions of this Act shall be construed to be permissive and cumulative to any other means now or hereafter provided by law. These provisions not exclusive. 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 20, 1923. HIGHWAY LIGHTING; CERTAIN COUNTIES MAY CONTRACT FOR. No. 297. An Act to extend the authority of county commissioners in counties of more than two hundred thousand inhabitants so as to provide for the expenditure of county revenues in lighting highways. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the county commissioners in any county in the Page 101 State of Georgia having more than two hundred thousand inhabitants may, in their discretion, enter into contracts with corporations, firms or individuals for the purpose of furnishing lights upon highways in said counties where, in the judgment of such commissioners, lights are needed for the convenience or safety of the public, and pay the cost of such lights out of the general county funds. Certain counties may contract. Contractors. Lights upon highways. 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 1, 1923. INNKEEPERS; LIEN ON GUESTS' PROPERTY. No. 14. An Act to create a lien on furniture, baggage, wearing apparel and other property brought into hotels, inns, boarding houses, lodging houses and eating houses for the protection of such hotels, inns, boarding houses, lodging houses and eating houses in their charges; to provide for the enforcement of such liens, 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 keeper of every hotel, inn, boarding house, lodging house and eating house in the State of Georgia shall have a lien on all furniture, baggage, wearing apparel and other property brought into such hotel, inn, boarding house, lodging house or eating house by any guest or patron of the same who has title to such property or by an agent who has legally acquired possession of such property for the purpose of dealing therewith for the benefit of the owner and in and about the business of the owner, to secure the payment by such guest or patron of all sums due for food, lodging or other accomadation Page 102 Such lien shall attach in all cases where a liability has been created without regard to the time of furnishing such food, lodging or other accommodation, and such lien shall be superior to other liens, except liens for taxes, liens for purchase money or retention of title of record, special liens of landlords for rent, liens of laborers, and all general liens of which the keeper of such hotel, inn, boarding house, lodging house, or eating house had actual notice or constructive notice before the property claimed to be subject was brought into such hotel, inn, boarding house, lodging house or eating house, to which excepted liens it shall be inferior. Keeper of hotels, inns, etc. Lien on property of guests or agent. Security for payment. Lien attaches where, and when superior. Excepted liens. Actual or constructive notice of liens. Sec. 2. Be it further enacted by the authority aforesaid, That for the enforcement of such lien created by Section 1 of this Act the keeper of such hotel, inn, boarding house, lodging house or eating house claiming the lien may retain possession of the property against which the lien is claimed, and at any time after thirty (30) days after the person creating such debt or obligation has left such hotel, inn, boarding house, lodging house or eating house, and the debt or obligation being still due and unpaid, may sell at public auction at the office of the hotel, inn, boarding house, lodging house or eating house where such lien is claimed, to the highest bidder for cash, any and all property left at such hotel, inn, boarding house, lodging house or eating house subject to such lien, without any process at law or equity, and the proceeds of such sale shall be applied, first to the payment of the expense of such sale, second to the reduction or discharge of the debt or obligation due to such hotel, inn, boarding house, lodging house or eating house, and any surplus remaining shall be held subject to the demand of the person creating such debt or obligation; Provided, that such sale shall be advertised by written or printed posters at the office of such hotel, inn, boarding house, lodging house or eating house and at the courthouse door of the county in which such hotel, inn, boarding house, lodging house or eating house is located for at least ten (10) days Page 103 before such sale, and such advertisement shall specify the time and place of sale and give said owner or agent or both written notice thereon by registered mail addressed to him at his last known address at least ten (10) days prior to said sale, notifying him of the time and place of sale and of the amount claimed against him or them; and, provided, further, that this remedy shall be cumulated to the remedies now existing by law for the enforcement of liens to satisfy obligations due for board and lodging. Any surplus proceeds of said sale, after payment of the amount claimed against such owner or agent, and the cost of sale shall if not claimed for by said owner or agent within twelve months after said sale shall be turned over to the board of education in which county said sale occurred for educational purposes. Enforcement of lien and possession of property. Public auction, where lien claimed, without process of law. Proceeds of sale, how applied. Advertisement for ten days. 10 days' written notice, by registered mail. Cumulative remedy. Surplus proceeds of sale. If not claimed by owner, surplus, after 12 months. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. INSECTICIDES, AGRICULTURAL OR HORTICULTURAL; INGREDIENTS OF MUST BE SHOWN. No. 256. An Act to require all manufacturers of insecticides to have printed or stamped on the containers of those products the ingredients of the same; to provide a penalty for the violation of same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this bill, all manufacturers of insecticides used for agricultural or horticultural purposes shall be required to have printed or have stamped on the containers of all insecticides, the ingredients of the insecticide. Duty of manufacturers of insecticides as to containers of same. Page 104 Sec. 2. Be it further enacted by the authority aforesaid, That any person or persons or corporations violating the provisions of this Act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as for a misdemeanor. Provided, that this Act shall not become operative until January 1st, 1924. Penalty for violation of this Act. Effective Jan. 1. 1924. 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. Provided, that nothing contained in this bill shall be held or construed in any way or manner to repeal any part or provision of Section 2 of the bill approved August 17, 1920, entitled an Act to regulate the registration, branding, inspection, analysis and sale of calcium arsenate, lead arsenate and dust mixtures containing sulphur, lead arsenate and lime, and other insecticides and fungicides commonly used on cotton, field crops and fruits, etc. Act of 1920, Sec. 2, not affected in any way. Approved August 15, 1923. OFFICIAL COURT REPORTERS IN CERTAIN COUNTIES. No. 183. An Act to provide for and regulate the payment of compensation out of the county treasury of official court reporters of the superior and city courts, in counties of this State having therein a city of more than 175,000 population according to the Federal census of 1920; to provide the disposition of the fees now prescribed by law for the taking down and transcribing of testimony taken in said courts; to authorize the rotation of said reporters in the said courts under the direction of the proper authorities, and for other purposes. Page 105 Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That beginning September 1st, 1923, one official court reporter for each of the several divisions of the superior and city courts in counties of this State containing a city of more than 175,000 population, according to the Federal census of 1920, shall be paid out of the treasury of such county a salary of not to exceed twenty-four hundred dollars per annum, payable monthly, which salary shall be compensation in full for attendance upon, and taking stenographic notes in, any court or division thereof covered by this Act. Certain counties to pay salaries of official court reporters. Salary not to exceed $2,400. Sec. 2. Be it further enacted by the authority aforesaid, That each of said reporters shall, at least once a month, file with the clerk of the court a list of the cases he has reported, setting forth the amount due by each party litigant for taking down the testimony and charge of the court as now provided by law, which amounts shall, by said clerk, be entered on the cost docket, collected as other costs are collected, and paid into the county treasury. List of cases filed. Collections by clerk of courts. Sec. 3. Be it further enacted by the authority aforesaid, That the fees for transcripts as now provided in civil cases shall be applicable in both civil and criminal cases and shall be paid to the reporter in addition to the salary provided in Section 1 of this Act. In civil cases and in criminal cases not required by law to be transcribed such fees shall be paid by the party ordering the transcript and in criminal cases required by law to be transcribed such fees shall be paid out of the county treasury and on final conviction, judgment therefor shall be entered up against the defendant collected as other costs are collected and paid into the county treasury. Fees for transcripts. Fees paid by whom. Sec. 4. Be it further enacted by the authority aforesaid, That for the more efficient transaction of business each of said reporters, when not actually engaged in the division of the court to which he is appointed, may be designated by Page 106 the county commissioners with the approval of the judge of such division to serve in an emergency division of the courts covered by this Act or to substitute for the reporter of any other division where the regular reporter of such division is incapacitated or requires relief for the purpose of transcribing or otherwise. Emergency service, and substitution. 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 15, 1923. PLAYGROUNDS AND RECREATION CENTERS; CITIES AND TOWNS MAY ESTABLISH AND MAINTAIN. No. 109. An Act empowering cities and towns in the State of Georgia to provide, maintain and conduct supervised recreation systems and to acquire, establish, conduct and maintain playgrounds, recreation centers and other recreational facilities and activities, and authorizing such municipalities to create playground and recreation boards or commissions and prescribing their powers and duties. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That this Act shall apply to all incorporated cities and towns in the State of Georgia. The term governing body as herein used means the mayor and city council, the commissioner and commissioners, or either or both as the case may be, or the governing body by whatever name called, of any city or town coming under the provision of this Act. Application of Act, and definition of the term governing body. Sec. 2. That the governing body of any city or town may dedicate and set apart for use as playgrounds, recreation Page 107 centers and for other recreation purposes, any lands or buildings or both, owned or leased by such municipality and not dedicated or devoted to another or inconsistent public use; and such municipality may, in such manner as may now or hereafter be authorized or provided by law for the acquisition of lands or buildings for public purposes by such municipality, acquire or lease lands or buildings or both, within or beyond the corporate limits of such municipality, for playgrounds, recreation centers and for other recreational purposes and when the governing body of the municipality so dedicates, sets apart, acquires or leases lands or buildings for such purposes, it may, on its own initiative, provide for their conduct, equipment, and maintenance according to provisions of this Act, by making an appropriation from the general municipal funds. Dedication for purpose. Authority to acquire or lease lands or buildings for playgrounds, recreation centers, etc. Provisions for conduct, equipment, and maintenance. Sec. 3. That the governing body of any such municipality may establish a system of supervised recreation and it may, by resolution or ordinance, vest the power to provide, maintain and conduct playgrounds, recreation centers and other recreational activities and facilities in the school board, park board, or other existing body or in a playground and recreation board as the governing body may determine. Any board so designated shall have the power to maintain and equip playgrounds, recreation centers and the buildings thereon and it may, for the purpose of carrying out the provisions of this Act, employ play leaders, playground directors, supervisors, recreation superintendents or such other officers or employees as it deems proper. Established system of supervised recreation. Sec. 4. That if the governing body of any such municipality shall determine that the power to provide, establish, conduct and maintain a recreation system as aforesaid shall be exercised by a playground and recreation board, such governing body shall, by resolution or ordinance, establish in such municipality a playground and recreation board which shall possess all the powers and be subject to all the responsibilities of local authorities under Page 108 this Act. Such board, when established, shall consist of five persons serving without pay, to be appointed by the mayor or presiding officer of such municipality. The term of office shall be for five years, or until their successors are appointed and qualified, except that the members of such board first appointed shall be appointed for such terms that the term of one member shall expire annually thereafter. Immediately after their appointment, they shall meet and organize by electing one of their members president and such other officers as may be necessary; vacancies in such boards occurring otherwise than by expiration of term shall be filled by the mayor or presiding officer of the governing body only for the unexpired term. Power to create playground and recreation board. Membership, appointment, and terms of office. Organization and election of officers. Sec. 5. That any two or more municipalities may jointly provide, establish, maintain and conduct a recreation system and acquire property for and establish and maintain playgrounds, recreation centers and other recreational facilities and activities. Any school board may join with any municipality in conducting and maintaining a recreation system. Municipalities and school boards may join in conduct and maintenance. Sec. 6. That a playground and recreation board or other authority in which is vested the power to provide, establish, maintain and conduct such supervised recreation system may accept any grant or devise of real estate or any gift or bequest of money or other personal property or any donation to be applied, principal or income, for either temporary or permanent use for playgrounds or recreation purposes, but if the acceptance thereof for such purposes will subject the municipality to additional expense for improvements, maintenance or renewal, the acceptance of any grant or devise of real estate shall be subject to the approval of the governing body of such municipality. Money received for such purposes, unless otherwise provided by the terms of the gift or bequest, shall be deposited with the treasurer of the municipality to the account of the playgrounds and recreation board or commission or other body having charge of such work, and the same may Page 109 be withdrawn and paid out by such body in the same manner as money appropriated for recreation purposes. Regulations as to acceptance of grant or devise of real estate, or gift of money or other personal property or any donation. Disbursement of monies so received. Sec. 7. That the governing body of any municipality may, pursuant to law, provide that the bonds of such municipality may be issued in the manner provided by law for the issuance of bonds for other purposes, for the purpose of acquiring lands or buildings for playgrounds, recreation centers and other recreational purposes and for the equipment thereof. Issuance of bonds. Sec. 8. That whenever a petition signed by at least ten per cent. of the qualified and registered voters in any municipality shall be filed in the office of the clerk of such municipality requesting the governing body of such municipality to provide, establish, maintain and conduct a supervised recreation system and to levy an annual tax for the conduct and maintenance thereof not more than one mill on each dollar of assessed valuation of all taxable property within the corporate limits of such municipality, it shall be the duty of the governing body of such municipality to appropriate funds for and to provide for the establishment, maintenance and conduct of a supervised recreation system or in case of special tax to cause the question of the establishment, maintenance and conduct of such supervised recreation system to be submitted to the voters to be voted upon at the next general or special election of the municipality; Provided, however, that such question shall not be voted upon at the next general or special election unless such petition shall have been filed at least thirty days prior to the date of such election. Petition by ten per cent. of qualified voters. Levy of annual tax. Special tax to be submitted to voters. Time of filing petition. Sec. 9. That upon the adoption of such proposition, at an election the governing body of the municipality shall, by appropriate resolution or ordinance, provide for the establishment, maintenance and conduct of such supervised recreation system as they may deem advisable and practicable to provide and maintain out of the tax money thus Page 110 voted, and the said governing body may designate, by appropriate resolution or ordinance, the board or commission to be vested with the powers, duties and obligations necessary for the establishment, maintenance and conduct of such recreation system as provided in this Act. Duty of governing body if petitioners prevail in election. Sec. 10. That the governing body of any municipality adopting the provisions of this Act at an election shall thereafter annually levy and collect a tax of not less than the minimum nor more than the maximum amount set out in the said petition for such election, which tax shall be designated as the playground and recreation tax and shall be levied and collected in like manner as the general tax of the municipality. Provisions of this Act adopted at election; levy of playground and recreation tax. Sec. 11. That the cost and expenses of the establishment, maintenance and conduct of a supervised recreation system of playgrounds, recreation centers and other recreational facilities and activities shall be paid out of taxes or other money received for this purpose, and the playgrounds and recreation board or commission, or other authority in which is vested the power to provide, establish, conduct and maintain a supervised recreation system and facilities as aforesaid shall have exclusive control of all moneys collected or donated to the credit of the playgrounds and recreation funds. Payments out of and control of playgrounds and recreation funds. Sec. 11a. Provided, however, that the provisions of this Act shall not apply to recreation or playground commissions, boards or systems which are now created or which may hereafter be created by special Acts of the Legislature. Application of provisions of this Act. Sec. 12. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 18, 1923. Page 111 RECORD IN ONE COUNTY WHEN EXECUTION IS BEFORE OFFICER OF ANOTHER COUNTY WITHOUT JURISDICTION. No. 89. An Act to provide for the record of deeds, mortgages, bonds for title and other registerable instruments when they appear to be executed in one county before an officer of another county, having no jurisdiction in the first 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 wherever any deed, mortgage, bond for title and other registerable instrument appears by the caption only to be executed in one county, and the official attesting witness appears to be an officer of another county, not having jurisdiction to witness deeds, mortgages, bonds for title and other registerable instruments in the county named in the caption, the same shall be conclusively considered and construed to have been attested by the officer in the county in which he had authority to act, the caption to the contrary notwithstanding, such deed, mortgage, bond for title or other registerable instrument so witnessed shall be entitled to record, if in other respects it is so entitled; Provided, that the terms of this Act shall not apply to any pending litigation. Instruments described entitled to record. Official attesting witness not from county of caption. Proviso as to pending litigation. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 20, 1923. RECORDING OF PLATS AND SUBDIVISION OF LAND IN CERTAIN COUNTIES. No. 470. An Act to amend an Act approved August 15th, 1921, entitled An Act to provide that in counties having a Page 112 population of 200,000 or more, according to the last United States census, the recording of plats and the subdividing of lands shall be regulated by either the mayor and general council of cities, or the commissioners of roads and revenues and also prohibiting the subdivision of land in more than five lots without an accurate map of such subdivision shall have been recorded therefor and providing a forfeit for each lot so sold of one hundred dollars in an action to be begun by the solicitor-general named for the use of the county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 1 of the Act approved August 15th, 1921, and having the caption set out in this bill be and the same is hereby amended by striking from the second line of said Section 1, as the same is published on page 219 of the Acts of 1921, the figures 200,000 and inserting in lieu thereof the figures 60,000, so that said section when so amended shall read as follows: Act of 1921 amended. Section 1. In any county having a population of 60,000 or more inhabitants by the last United States census, it shall be unlawful to record or receive for record in the office of the clerk of the superior court any map or plat for the laying out of any street or highway unless it bears the endorsement thereon of the commissioners of roads and revenues, provided, that if the land to be platted is located within a city having a city planning commission established by charter, or outside of such city within six (6) miles of the limits thereof, such endorsement shall be by the mayor and general council of such city. Before approving a plan or plat of such subdivision of land, the commissioners of roads and revenues or the mayor and general council shall consider the location, widths and grades of the proposed streets or highways within or adjacent to such subdivision. Each such subdivision of land shall have adequate means of access to the lots therein from the Page 113 public streets or highways and shall be so laid out as to provide for the continuation of existing streets and highways and for proposed highway widenings deemed necessary in the public interest by such commissioners of roads and revenues or such mayor and general council and shall be so laid out as to permit of an appropriate subdivision of adjoining properties; Provided, such commissioners or mayor and general council may waive or modify any of the above conditions or requirements wherever, owing to the peculiar shape or location of the land, such condition or requirement can not in the judgment of such commissioners or mayor and general council reasonably be demanded with due regard to the appropriate development of the land to be subdivided. Any such map must first be submitted to the city planning commission for consideration and report to the mayor and general council, provided the property thus platted is located within such city or within six miles of the limits thereof. What maps or plats not entitled to record in certain counties. Endorsement when land is in city. Approval and consideration. Means of access. How laid out. Proviso as to waiver of preceding requirements. When. Submission if in city or 6 miles of the 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 18, 1923. REGULATION OF INCORPORATED MUTUAL OR CO-OPERATIVE FIRE INSURANCE COMPANIES. No. 74. To provide for the organization of, or the regulation and taxation of incorporated mutual or co-operative fire insurance companies, providing a penalty for any violation hereof, and repealing all Acts or parts of Acts in conflict herewith. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority Page 114 of the same, That any number of persons, not less than twenty, who shall be bona fide residents of this State, by complying with the provisions of this Act, may become, together with others who may hereafter be associated with them or their successors, a body corporate for the purpose of carrying on the business of mutual insurance as herein provided. Who may become a body corporate for mutual insurance purposes. Sec. 2. Be it further enacted, That any persons proposing to form any such company shall subscribe and acknowledge articles of incorporation specifying: Articles of incorporation to be subscribed. (a) The name, the purpose for which formed and the location of its principal or home office, which shall be within this State. Name and purpose; home office location. (b) The names and addresses of those composing the board of directors in which the management shall be vested until the first meeting of the members. Names and addresses of board of directors. (c) The names and places of residence of the incorporators. Names and residences of incorporators. Sec. 3. Be it further enacted, That no name shall be adopted by such company which does not contain the word mutual or co-operative or which is so similar to any name already in use by any such existing corporation, company, or association, organized or doing business in the United States, as to be confusing or misleading. Name; use of certain words. Similar or misleading names. Sec. 4. Be it further enacted, That such articles executed in duplicate shall be submitted to the Insurance Commissioner and, if found by him to comply with this Act, he shall endorse his approval thereon and shall file one in his office. Such articles shall also thereupon be filed in the office of the Secretary of State. Such articles of incorporation shall be amended in the manner provided for other corporations, or as may be provided in such articles, and any such amendment shall be approved, recorded and filed as in the case of the original articles. Articles to be filed in offices of Insurance Commissioner and Secretary of State. How amended. Approval; recordation; filling. Page 115 Sec. 5. Be it further enacted, That such corporation shall have legal existence as soon as the charter shall have been filed in the office of the Secretary of State. The board of directors named in such articles may thereupon adopt by-laws, fix the qualifications of membership of all applicants for insurance, accept applications for insurance and proceed to transact the business of such company: Provided, that no insurance shall be put into force until the company has been licensed to transact insurance as provided by this Act. Such by-laws and any amendments thereto shall within thirty days after adoption be filed with said Insurance Commissioner. Legal existence. By-laws; membership, etc. Proviso as to license. By-laws and amendments to be filed with Insurance Commissioner within 30 days. Sec. 6. Be it further enacted, That any company organized under the provisions of this Act, is empowered and authorized to make contracts of insurance or reinsurance or accept re-insurance or any portion thereof to the extent specified in its articles of incorporation for the kind of insurance following: Authorized to insure or reinsure. Fire Insurance.Against loss or damage to property and loss of the use and occupancy by fire, lightning, hail, tempest, flood, earthquake, explosion, fire ensuing, against loss or damage to person or property occasioned by the operation of duly licensed public service motor vehicles and automobiles. Kinds of insurance. Sec. 7. Be it further enacted, That no corporation organized under this Act shall issue policies or transact any business of insurance unless it shall comply with the conditions following, nor until the Insurance Commissioner has, by formal license, authorized it to do so, which license shall not issue until corporation has complied with the following conditions: Must not transact any insurance business until all conditions complied with and license issued. (a) It shall hold bona fide applications for insurance upon which it shall issue simultaneously, or it shall have in force at least twenty (20) policies to at least twenty members for the same kind of insurance upon not less Page 116 than two hundred (200) separate risks, each within the maximum single risk described herein. Number of policies or bona fide applications. (b) The maximum single risk shall not exceed twenty (20) per cent. of the admitted assets of three times the average risk of one per cent. of the insurance in force, whichever is the greater, any re-insurance taking effect simultaneously with the policy being deducted in determining such maximum single risk. Maximum single risk defined. (c) It shall have collected a premium upon each application, which premium shall be held in cash or security and which insurance companies are authorized to invest, and shall be equal to not less than twice the maximum single risk assumed subject to one fire nor. less than ten thousand ($10,000) dollars. Premium reserve required. (d) Satisfy the Insurance Commissioner that its financial condition, methods of operation and manner of doing business are adequate to meet its obligations to all policy holders in this State. Satisfactory financial condition. methods, etc. Sec. 8. Be it further enacted, That any public or private corporation, board, or association in this State, or elsewhere, can make application, enter into agreements for, and hold policies in any such mutual insurance company. Any officer, stockholder, trustee or legal representative of any such corporation, board, association, or estate may be recognized as acting for or on its behalf for the purpose of such membership, but shall not be personally liable upon such contract of insurance by reason of acting in such representative capacity. The right of any corporation organized under the laws of this State to participate as a member of any such mutual insurance company is hereby declared to be incidental to the purpose for which such corporation is organized, and as much granted as the rights and powers expressly conferred. Applications and policies validated. Legal representatives not liable personally. Incidental rights. Sec. 9. Be it further enacted, That every member of the company shall be entitled to one vote, or to a number Page 117 of votes based upon the insurance in force, the number of policies held or the amount of premiums paid as may be provided in the by-laws. Voting powers. Sec. 10. Be it further enacted, That the maximum premium payable by any member shall be expressed in the policy, or in the application for the insurance. Such maximum premium may be a cash premium and an additional contingent premium not less than the cash premium, or may be solely a cash premium. No policy shall be issued for a cash premium without an additional contingent premium unless the company has a surplus of at least one hundred thousand ($100,000) dollars, or a surplus which is not less in amount than the capital stock required of domestic stock insurance companies transacting the same kind of insurance. Maximum premium. Cash premium and surplus. Sec. 11. Be it further enacted, That no such company shall invest any of its assets except in accordance with the laws of this State, relating to the investment of the assets of domestic stock insurance companies transacting the same kind of insurance. Investment of assets. Sec. 12. Be it further enacted, That such company shall maintain unearned premiums and other reserves separately for each kind of insurance, upon the same basis as that required of domestic stock insurance companies, transacting the same kind of insurance. Unearned premiums and reserves for each kind of insurance. Sec. 13. Be it further enacted, That such company not possessed of assets at least equal to the unearned premium reserve and other liabilities shall make an assessment upon its members liable to assessment to provide for such deficiency, such assessment to be against each member in proportion to such liability as expressed in his policy; Provided, the Insurance Commissioner may, by written order, relieve the company from an assessment or other proceeding to restore such assets during the time fixed in such order; and, provided, that any domestic company which shall be deficient in providing the unearned premium Page 118 reserve required hereby may, notwithstanding such deficiency, come under this Act on the condition that it shall each year thereafter reduce such deficiency at least fifteen per cent. of the original amount thereof and in such case it may increase its assessments accordingly. Required assets and assessments therefor. Proviso as to relief in case of deficiency. Reduction of deficiency. Sec. 14. Be it further enacted, That any director, officer or member of any such company, or any other person may advance to such company, any sum or sums of money necessary for the purpose of its business or to enable it to comply with any of the requirements of the law and such moneys and such interest thereon as may have been agreed upon shall be payable only out of the surplus remaining after providing for all reserves and other liabilities and shall not otherwise be a liability or claim against the company or any of its assets. No commission or promotion expenses shall be paid in connection with the advance of any such money to the company and the amount of such advance shall be reported in each annual statement. Certain advances of money may be made. No commission or promotion expenses to be paid. Sec. 15. Be it further enacted, That any law requiring that policies be countersigned and be delivered to a resident agent shall not apply to any policy of such mutual company on which no commission shall be paid to any local agent. Such mutual company may insert in any form or policy prescribed by the law of this State any provisions or conditions required by its plan of insurance which are not inconsistent and in conflict with any law of this State. Such policy, in lieu of conforming to the language and forms prescribed by such law, may conform thereto in substance, if such policy includes a provision or endorsement reciting that the policy shall be construed as if in the language and form prescribed by such law, and a copy of such policy and endorsement, if any, shall have been first filed with and shall not have been disapproved by the Insurance Commissioner. Provisions as to form of policy and endorsements. Sec. 16. Be it further enacted, That the taxable premiums or premium receipts of any mutual insurance company Page 119 organized in this State, for the purposes of taxation under any law of this State, shall be the gross premiums received for direct insurance upon property or risks in this State, deducting amounts paid for reimbursement upon which a tax has been or is to be paid in this State, and deducting premiums upon policies not taken, premiums returned on cancelled policies, and any refund or return made to policy holders other than for losses. Taxable premiums. Sec. 17. Be it further enacted, That any such mutual insurance company organized in this State may re-insure any part or all of any risk or risks in any insurance company or insurer licensed in any state of the United States or in the District of Columbia; provided, that no such re-insurance shall be effected with any company or insurer disapproved therefor by written order of the Insurance Commissioner filed in his office. Re-insurance. Sec. 18. Be it further enacted, That any person or corporation violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty ($50.00) dollars or more than five hundred ($500.00) dollars, and the Insurance Commissioner shall have power to revoke the license of any such person or corporation. Penalty for violation of this Act. Misdemeanor. Fine. Sec. 19. Be it further enacted, That all laws or parts of laws in conflict with this Act, so far as companies organized under this Act are concerned, are hereby repealed, but no such repeal and nothing in this Act shall apply to or affect any company or association of this State now doing business, or to any law under which any such company or association is organized or doing business. Certain companies, and laws not affecting. Any such company or association may, however, by resolution of its board of directors, duly approved by a majority of the members at a meeting especially called for that purpose and duly certified to by the president and secretary and filed with and approved by the Insurance Commissioner, elect to adopt and become subject to the Page 120 provisions of this Act in lieu of any Act or Acts theretofore governing such companies or associations. Any company or association so elected and fully complying with this Act may thereafter effect insurance as authorized by this Act and specify in its certificate of insurance then in force, or as then or hereafter amended. Excepted companies may elect to become subject to provisions of this Act. Sec. 20. This Act shall become effective upon its passage. When effective. Approved August 17, 1923. SCHOOL FUNDS SUPPLEMENTED IN CERTAIN COUNTIES. No. 311. An Act to authorize the board of commissioners of roads and revenues of all counties in the State of Georgia having a population of not less than 200,000 to supplement the funds of the county board of education and the board of education of any independent systems of schools of such counties from any funds in the treasury of the said counties which may be ascertained not to be necessary for the purpose for which levied and to provide the method by which said funds shall be handled, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that the board of commissioners of roads and revenues of all counties in the State of Georgia having a population of not less than 200,000 be and they are hereby authorized and empowered to supplement the funds of the board of education of any independent system of schools in said counties for any current year out of any funds in the treasuries of said counties which may be ascertained by said board of commissioners of roads and revenues before the end of the current year not to be necessary for the Page 121 purposes for which levied and collected and especially from the tax levied and collected to pay any other lawful indebtedness against the county; Provided, that such funds shall be paid over to the county board of education of any independent system of schools only upon the written application of said boards of education and upon determination that the purposes for which applied are reasonably necessary; and provided, further, that said funds shall be used only for paying teachers and buildings and maintaining schoolhouses or buying lots or buildings for use as schoolhouses in said counties; and provided, further, that in no year shall said funds in any county exceed the sum of one hundred thousand dollars. School funds supplemented in counties with population over 200,000. Written application. Use of such funds. Funds limited to $100,000.00 a year. Sec. 2. Be it enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed; Provided, however, that nothing in this Act shall be construed as affecting any existing laws relating to methods of taxation. Tax laws not affected. Approved August 15, 1923. SERVICE BUREAU CREATED. No. 488. An Act creating a service bureau for the purpose of assisting ex-service men and women in securing the benefits now provided for them by the Federal legislation and providing for the salary and expenses of said bureau. Section 1. Be it enacted by the General Assembly of the State of Georgia, That a service bureau is hereby created to be composed of one director who shall be paid a salary of twenty-four hundred ($2400.00) dollars per annum. And the said sum of $2400.00 is hereby appropriated to said service bureau for the payment of said salary of said director. Service bureau created: director. Director's salary. Appropriation of $2,400 for purpose. Page 122 Sec. 2. Be it further enacted, That said director shall be appointed by the Governor and be chosen from ex-service men who were in the military or naval service of the United States during the period between April 6th, 1917, and November 11th, 1918, and honorably discharged therefrom. Appointment and choice by Governor. Sec. 3. Be it further enacted, That for the purpose of carrying on said work, there shall be appropriated the sum of twenty-six hundred ($2600.00) dollars, as maintenance of said bureau or so much thereof as may be needed, said amount to be paid out by warrant of the Governor, after a certified itemized statement of expenses has been submitted and approved by the Governor. Appropriation of $2,600 for maintenance. Sec. 4. Be it further enacted, That said service bureau shall be located in the Pension Commissioner's office and the duties of said director shall be the dissemination of information, regarding the Federal legislation providing for compensation, hospitalization and vocational training for disabled ex-service men and women, to all ex-service men and women in this State, and to assist all disabled ex-service men and women in securing the benefits provided for them by the Federal legislation; that the said director shall work in co-operation with the American Legion Department of Georgia in dissemination of said information and in assisting the disabled ex-service men; the term ex-service men and women to include those who were in the service of the army, navy or marines of the United States during the World War or the Spanish-American War. The term of office of said director shall be for two years beginning from the date of the approval of this Act by the Governor. Location and duties of director. Co-operation with American Legion Department. Ex-service men and women defined. Term of office. Sec. 5. Be it further enacted, That it shall be the duty of the director of the service bureau to report to the United States Veterans' Bureau the names of all ex-service men who are in his opinion receiving compensation that they are not entitled to receive together with his reasons therefor. Duty as to United States Veterans' Bureau. Page 123 Sec. 6. 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 20, 1923. SINKING FUNDS OF MUNICIPAL CORPORATIONS; PROTECTION OF. No. 43. An Act to amend an Act approved August 13th, 1910, entitled An Act to provide for the proper protection of sinking funds of municipal corporations raised under the requirements of the provision of Paragraph 2, Article 7, Section 7 of the Constitution of 1877, to require the investment of such funds in certain securities, and for other purposes; by providing for the paying off and retiring by the municipality of its own bonds purchased thereunder. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same, That the Act of August 13th, 1910, providing for the protection of sinking funds of municipal corporations, and fully described in the title of this Act, be amended by adding thereto, after Section 3, a section reading as follows: Act of 1910 amended. Section 3 (a). Whenever a municipal corporation shall invest its sinking fund in bonds issued by itself, such bonds shall be by the mayor and council ordered paid off and retired and they shall be mutilated and cancelled and preserved as vouchers only, and shall no longer constitute an indebtedness of the municipality. Provided, that no part of the sinking fund arising from taxes levied to pay an issue of bonds having an earlier maturity shall be appropriated to pay bonds having a later maturity. All laws and parts of laws in conflict herewith are repealed. Duty as to city's own bonds. Bonds paid in order of maturities. Approved August 17, 1923. Page 124 SOUTHERN RAILWAY COMPANY; AUTHORITY TO BUILD A SIDE-TRACK OR SPUR-TRACK IN OR NEAR DALTON. No. 273. An Act to authorize the Southern Railway Company to construct a side-track or spur-track, and acquire rights of way therefor from its main line at a point in or near Dalton to lot of land No. 275, in the 12th district and 3d section of Whitfield County, Georgia, and lands adjacent thereto, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That the Southern Railway Company, a foreign railroad corporation, now owning and operating railroads in the State of Georgia, be and it is hereby authorized and empowered to build a side-track or spur-track from its main line in or near the City of Dalton, or from any convenient point in the vicinity thereof, to lot of land No. 275, in the 12th district and 3d section of Whitfield County, Georgia, and lands adjacent thereto, and connect said side-track or spurtrack with any cotton mill or manufacturing plant located on said lot of land or lands adjacent thereto, and operate said side-track or spur-track by transporting freight at the usual rates in its cars to and from said cotton mill, mills or other manufacturing plants; and said side-track or spur-track to be for the use of the public and public utility as part of its transportation facilities. Authority to build sidetrack or spurtrack conferred. Transportation facilities. Public utility. Sec. 2. That for the purpose mentioned in the foregoing section, authority and power are hereby granted to said railway company to acquire by purchase or gift, and to hold such real estate as may be necessary for a right of way for said side-track or spur-track, or said railway company may condemn such strips of land as may be needed for a right of way for said side-track or spur-track not exceeding one hundred feet in width, in the manner provided Page 125 in Sections 5206-5235, inclusive, Park's Annotated Code of the State of Georgia, Volume 4, for the condemnation and taking of private property for public uses. Right to acquire, by purchase or gift, real estate for right of way. Condemnation as provided in C. C. Secs. 5206-35. Sec. 3. Be it further enacted, That the powers and authority conferred by this Act are in addition to the powers and authority which railroads may have by virtue of their charters, or by virtue of the general laws of this State as they now exist. Addition to powers conferred by charter and general laws. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 26, 1923. STATE AGRICULTURAL AND MECHANICAL SCHOOLS; MAINTENANCE; ACT OF 1922 AMENDED. No. 350. An Act to amend an Act approved August 16th, 1922, providing for the establishment and maintenance of agricultural school and mechanics arts, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act approved August 16, 1922, providing for the establishment and maintenance of a school of agriculture and mechanics arts in this State, be and the same is hereby amended by striking from Section 4 of said Act all of said Section 4 after the word Act in the 8th line thereof, and substituting in lieu thereof the following: except that it shall be left to the discretion of the General Assembly of Georgia, as to the amount of appropriation, if any, for the maintenance of said school, so that said Section 4 when so amended shall read as follows: Page 126 Be it further enacted, That all the provisions of the Act approved August 18th, 1906, entitled `An Act to provide for the establishment and maintenance of schools of agriculture and mechanics arts in the respective congressional districts of this State,' and all amendments thereto, 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 that it shall be left to the discretion of the General Assembly of Georgia, as to the amount of appropriation, if any, for the maintenance of said school. Act of 1922 amended. Amount of appropriation for maintenance discretionary. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. STATE BOARD OF HEALTH; MEMBERSHIP; ACT OF 1914 AMENDED. No. 114. An Act to amend Section 1 of an Act approved August 17th, 1914, of the Laws of 1914, page 124, so as to provide for the appointment of at least two doctors of dental surgery as members of the State Board of Health, and to provide when their term of office shall begin, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 1 of the Act approved August 17th, 1914, of the Laws of 1914, page 124, be and the same is hereby amended by adding after the word physician in the ninth line of said first section, the following: and at least two of said members shall be doctors of dental surgery in the active practice of their profession, so that when said section shall be so Page 127 amended it shall read as follows: The State Board of Health shall consist of fifteen members, three of whom, the Secretary of the State Board of Health, the State Superintendent of Schools and the State Veterinarian, shall be members by virtue of their offices, and twelve who shall be appointed by the Governor, one from each congressional district, and a majority of whom shall be physicians and at least two of said members shall be doctors of dental surgery in the active practice of their profession; Provided, however, that the present members of the State Board of Health shall serve as members of the State Board of Health under the provisions of the law until the termination of their present terms of office. Act of 1914 amended. Membership. Two doctors of dental surgery. Present members: terms of office. Sec. 2. Be it further enacted by the authority aforesaid, That the appointments to be made under the above amendment shall be made by the Governor to succeed the present members of said board, whose terms expire January 1st, 1925. When appointments made. Sec. 3. Be it further enacted, That all laws in conflict with this Act be and they are hereby repealed. Approved August 17, 1923. STATE LIBRARIES IN CERTAIN COUNTIES. No. 261. An Act to amend an Act approved August 14th, 1915, providing for the purchase and maintenance of law libraries in certain counties 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 Section 1 of said Act approved August 14th, 1915, be and the same is hereby stricken, and the following is hereby inserted in lieu thereof: Act of 1915 amended. Page 128 Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be lawful for all counties of this State having a population of seventy thousand people, or more, to establish, equip and maintain under the provision of this Act, and Acts amendatory thereof, law libraries for the use of the officers of court, and as a part of the expenses of the court and litigation, as provided by the Constitution of this State. Law libraries: certain counties may establish and maintain. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. STREET RAILROADS; CORPORATE POWERS; ACT OF 1892 AMENDED. No. 320. An Act to amend an Act entitled An Act to carry into effect Article 3, Section 7, Paragraph 18 of the Constitution of this State insofar as the same relates to the issuing and granting corporate powers and privileges to railroad companies by the Secretary of State, etc., approved December 17th, 1892, as amended by the Act for the incorporation of street railroads approved December 18, 1894, and as amended by the Act defining inter-urban railroads, their powers, rights, privileges, immunities and liabilities and the manner of their incorporation and to regulate the same, approved August 19, 1916, by providing that any street and suburban railroad company shall have the right to use electricity, gasoline and gas in their operations, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority Page 129 of the same, That the Act entitled An Act to carry into effect Article 3, Section 7, Paragraph 18 of the Constitution of this State insofar as the same relates to the issuing and granting corporate powers and privileges to railroad companies by Secretary of State, etc., approved December 17th, 1892, as amended by the Act for the incorporation of street railroads approved December 18, 1894, and as amended by the Act defining interurban railroads, their powers, rights, privileges, immunities and liabilities and the manner of their incorporation and to regulate the same, approved August 19, 1916, be and the same is hereby amended by adding the following sections: Act of 1892 amended. Sec. 26. That any street railroad company, now incorporated or hereafter incorporated, may use electricity, gasoline or gas in propelling their engines, turning machinery, and for other purposes, and may generate gas or electricity for heat, light or power, and may generate and furnish for a reasonable compensation gas and electric heat, light and power to consumers thereof and to that end may operate gas and electric plants and generate and furnish gas and electric light and power to any county, town or city, and also to corporations, companies and private citizens, and may charge and collect reasonable compensation for the same, to be fixed and determined by the Public Service Commission of the State of Georgia. Use of electricity, gasoline or gas; generation and sale of gas or electricity for heat, light and power. Operation of gas and electric plants. Compensation fixed by Public Service Commission. Sec. 27. That any street railroad company may buy, own, hold, lease and use such property as may be necessary or convenient to the exercise of the powers bestowed in the foregoing section. Ownership and use of necessary property. Sec. 28. 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 20, 1923. Page 130 UNITED STATES AND GEORGIA CONSTITUTIONS TAUGHT IN PUBLIC SCHOOLS OF STATE. No. 9. An Act to require the teaching of the Constitution of the United States and of this State, including the study of and devotion to American institutions and ideals in all the public schools and colleges, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That on and after September 1, 1923, all schools and colleges in this State that are sustained or in any manner supported by public funds shall give instruction in the essentials of the United States Constitution and the Constitution of Georgia, including the study of and devotion to American institutions and ideals, and no student in said school and college shall receive a certificate of graduation without previously passing a satisfactory examination upon the provisions and principles of the United States Constitution and the Constitution of the State of Georgia. Instruction in essentials of Constitution of United States and State of Georgia; American institutions and ideals to be studied. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 20, 1923. FISHING IN CHARLTON COUNTY. No. 439. An Act prohibiting fishing in any of the streams or lakes located in Charlton County, Georgia, from April 15th to June 15th, of each year (during the bedding season for bream), except any person or persons who has or have Page 131 the written consent of the landowner, on whose property said streams or lakes may be located, may fish in said streams and lakes on Tuesdays and Saturdays of each week during said season, or within said time; providing for the enforcement of said Act by county game and fish warden; providing fees for said enforcement; providing for the appointment of deputy wardens; providing for the punishment of violators of said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any person or persons to fish in any of the streams or lakes located in Charlton County, Georgia, from April 15th to June 15th of each year (during the bedding season for bream), except any person or persons who has or have the written consent of the landowner on whose property said streams or lakes may be located may fish in said streams and lakes on Tuesdays and Saturdays of each week during said season or within the said time specified. Fishing forbidden April 15 to June 15. Exceptions. Sec. 2. Be it further enacted by the authority aforesaid, That the game and fish warden for Charlton County, Georgia, shall be the person whose duty it is to see that this Act is enforced, and upon conviction for each violation of this Act, in the superior court of said county, said game and fish warden shall receive a fee of $25.00. Said game and fish warden shall have the same power and authority to recommend the appointment of deputy wardens under this Act, as he has under the general law, and the said warden or deputy-wardens shall have the same power and authority to arrest violators of this law under this Act. Game and fish warden; power, duties, and fees. Sec. 3. Be it further enacted by the authority aforesaid, That any person found guilty of violation of this Act, in Charlton Superior Court, shall be fined not less than $50.00 Page 132 nor more than $100.00, and not less than three (3) months, nor more than nine (9) months on the chain gang, either one or both in the discretion of the court. Penalty for violation of this Act. Fine, imprisonment or both. Sec. 4. Be it further enacted, That said county game and fish warden shall receive his fees, for the prosecution and conviction of violators of this Act, only from the fines derived therefrom, and if there be an overplus in fines, it shall be placed by the warden in the general fund of the county to be used as general county funds, by the proper authorities. Use of fines. 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 7, 1923. FISHING IN DOUGLAS COUNTY. No. 22. An Act to prevent fishing in Douglas County, Georgia, except in private ponds for a period of five years except with hook and line, and for other purposes. Section 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 is unlawful for any person to fish in Douglas County, Georgia, for a period of five years except with hook and line and in private ponds, and, on conviction, shall be punished as for a misdemeanor; as provided in Section 1065 of the Penal Code. Fishing forbidden for five years; exceptions. Penalty. Sec. 2. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved August 3, 1923. Page 133 PROTECTION OF QUAIL IN CERTAIN COUNTIES. No. 160. An Act to protect quail in the State of Georgia; to prevent the trapping, netting, catching, killing or taking, or in anywise molesting the bird known as quail, for a period of three years; to fix a penalty for violation hereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful to trap, net, catch, kill, or in any wise molest or take the game bird or birds belonging to the family commonly called quail, for any purpose whatever, in the State of Georgia in counties having a population of not more than 23,371 nor less than 23,369 as shown by the last Federal census for a period of three years from the passage of this Act; Provided, however, that before the provisions of this Act shall become operative in any county, it shall be recommended by two consecutive grand juries thereof. Quail protected in certain counties for three years. Proviso as to recommendations by grand juries. Sec. 2. Be it further enacted by the authority aforesaid, That any violation of this Act shall be deemed a misdemeanor and be punished as such. Penalty for violation of 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 20, 1923. SHOOTING OF QUAIL IN DOUGLAS COUNTY. No. 24. An Act to prevent the shooting of quail or partridges in Douglas County, Georgia, for the period of five years; provide a penalty for the same, and for other purposes. Page 134 Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to shoot quail or partridges for a period of five years next after the passage of this Act in the County of Douglas, Georgia. Any person convicted of shooting quail or partridges in Douglas County, Georgia, for the next five years dating from the approval of this bill on conviction shall be fined as for a misdemeanor. Shooting of quail prohibited for five years. Penalty. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 3, 1923. TURNING LOOSE OF FOX IN DOUGLAS COUNTY. No. 221. An Act to prevent the turning loose of fox in Douglas County, Georgia; provide a penalty for the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to turn loose fox in the County of Douglas, Georgia. Any person convicted of turning loose fox in Douglas County, Georgia, dating from the approval of this bill on conviction shall be fined as for a misdemeanor. Turning loose fox forbidden. Penalty. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 3, 1923. Page 135 PART II.LOCAL AND SPECIAL LAWS TITLE I.CITY AND MUNICIPAL COURTS. TITLE II.SOLICITORS-GENERAL. TITLE III.COUNTIES AND COUNTY MATTERS. Page 137 TITLE I. City, County and Municipal Courts. ACTS. Arlington City Court Established. Barrow County Court Abolished. Camilla City Court; Judge's Salary. Cleveland City Court; Election to Abolish. Crawfordville City Court; Jury Trials. Crawfordville City Court Abolished. Fairburn City Court Established. Floyd County City Court; Jury Trials. Greensboro City Court; Jury Trials; Judgments. Greenville City Court; Election of Judge and Solicitor; Judge's Salary. Houston County City Court; Election to Abolish. Jefferson City Court; Clerk; Powers, Duties, and Fees. Lanier County Court Abolished. Macon City Court; Election to Increase Judge's Salary. Macon Municipal Court; Election to Amend Creating Act. Madison City Court; Salaries of Judge and Solicitor. Monroe City Court Abolished. Polk County City Court; Jurisdiction; Fine and Forfeiture Fund. Reidsville City Court; Terms; Judge's Salary; Reporter's Fees. Savannah City Court; Judge's Salary: Assignments; Bills of Exceptions. Soperton City Court; Judge and Solicitor; Election and Salaries. Springfield City Court; Jury Trials; Procedure; Writs of Error. Summerville City Court; Compensation of Clerk and Sheriff. Thomasville City Court; Salary for Solicitor-General. Waycross City Court; Jury Trials. Waycross City Court; Judge's Salary. Waycross City Court; Solicitor's Salary. Zebulon City Court Abolished. ARLINGTON CITY COURT ESTABLISHED. No. 574. An Act to amend an Act entitled An Act to create the city court of Morgan in and for the County of Calhoun; to define its powers, jurisdiction, procedure and practice; to provide for a judge, solicitor and other officers of said court; to provide compensation for said officers, and a place for holding said court, and for other purposes, approved August 19, 1916, and the several Acts amendatory thereof, by changing the name of said Page 138 court from the city court of Morgan to the city court of Arlington, and by changing the place of holding said court from the City of Morgan to the City of Arlington, in Calhoun County; to provide that hereafter said court shall be known as the city court of Arlington, and shall be held in the City of Arlington, the county site of Calhoun County, and for other purposes. Whereas, By an Act approved July 27, 1923, the county site of Calhoun County was changed and removed from the City of Morgan to the City of Arlington in said county, and the City of Arlington is now the county site of said county, Preamble. Be it therefore enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That an Act entitled An Act to create the city court of Morgan in and for the County of Calhoun; to define its powers, jurisdiction, procedure and practice; to provide for a judge, solicitor and other officers of said court; to provide compensation for said officers, and a place for holding said court, and for other purposes, approved August 19, 1916, and the several Acts amendatory thereof, be and the same are hereby amended so as to change the name of said court from the city court of Morgan to the city court of Arlington. Act of 1916 amended. Change of name. Sec. 2. That said Act be and the same is hereby further amended so as to change the place of holding said court from the City of Morgan to the City of Arlington in said Calhoun County. Place of holding court. Sec. 3. That from and after the passage of this Act said court shall be known as the city court of Arlington, and shall be located and held in the City of Arlington, the county site of Calhoun County. New name. Sec. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. Page 139 BARROW COUNTY COURT ABOLISHED. No. 558. An Act to repeal an Act to create a county court in each county in the State of Georgia, except certain counties therein excepted, approved January 19, 1872, and all Acts amendatory thereto, so far as the same applies to the County of Barrow; to provide for the abolition of the county court of Barrow County; to provide for the disposition of all matters now pending 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 the above stated Act approved January 19, 1872, and all Acts amendatory thereof, creating a county court in each county of this State, as now embodied in Park's Code of Georgia, Code of 1914, Section 4775(a) to Section 4775(vv) inclusive, be and the same are hereby repealed, insofar as they apply to the County of Barrow, and from and after the passage of this Act the county court of the County of Barrow is hereby abolished. Act of 1872 amended. Barrow county court abolished. Sec. 2. Be it further enacted, That all books, papers, suits, mesne and final process of whatever nature, and all criminal cases and business of whatever kind now pending in the county court of Barrow County be and the same are hereby transferred to the superior court of Barrow County for trial and final disposition and execution. Provided, that all civil proceedings and records now pending in said county court of Barrow County, charging and claiming any amount less than $100.00, shall be transferred to the several justices' courts in said Barrow County having jurisdiction of the person and subject matter contained in said suits or proceedings. Transfer of books, papers, etc., and criminal cases pending. Proviso as to certain civil 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 August 20, 1923. Page 140 CAMILLA CITY COURT; JUDGE'S SALARY. No. 53. An Act to amend the Act establishing the city court of Camilla, in the City of Camilla, in and for the County of Mitchell, approved August 17th, 1905, as amended by certain amendatory Acts, to wit: Acts of August 21st, 1906, August 22d, 1907, August 13th, 1913, August 7th, 1920, and July 28th, 1921; this present amendatory Act be and providing an increase in the compensation of the judge of said court in the sum of $25.00 a month, 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 all of Section 2 of the Act of July 28th, 1921, said last mentioned Act beginning on page 289 and ending on page 290 of Georgia Laws, 1921, be and the same is hereby stricken out and the following substituted in lieu of said Section 2: Act of 1921 amended. Sec. 2. Be it further enacted by the authority aforesaid, That the judge of the city court of Camilla shall receive a salary of one hundred and fifty ($150.00) dollars per month, and shall be paid monthly or semi-monthly at the pleasure of the judge out of the treasury of Mitchell County, by the treasurer of said county, or by the clerk of the board of commissioners of roads and revenues of said county. Judge's salary and how payable. Sec. 3. Be it further enacted, That this Act shall be effective immediately upon its passage and approval. When effective. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1923. Page 141 CLEVELAND CITY COURT; ELECTION TO ABOLISH. No. 463. An Act to repeal an Act to create the city court of Cleveland in and for the County of White; to define its jurisdiction and powers; to provide for a judge and solicitor and other officers thereof; to define their powers and duties; to provide for pleading and practice and new trials, and writs of error therefrom to the Court of Appeals of the State of Georgia; to provide for the disposition of cases pending in the superior court of White County, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the above entitled Act to create the city court of Cleveland in and for the County of White; to define its jurisdiction and powers; to provide for the election of judge, solicitor and other officers thereof, and for other purposes, approved July 28, 1921, and the Act or Acts amendatory thereof be and the same are hereby repealed. Act of 1921 repealed. Sec. 2. Be it further enacted, That this Act shall not become effective until the same shall have been ratified by a majority of the qualified voters of White County at the next general election to be held on the first Wednesday in November, 1924, at which election the ballots used shall have printed thereon the words For City Court and Against City Court, and if a majority of the votes cast at said election shall be For City Court, then the Act creating said city court (Acts of General Assembly, 1921, pages 290 to 306) shall remain of full force and effect, but should a majority of the votes cast at said election be Against City Court, then and in that event said city court shall be declared to be abolished to take effect on January 1st, 1925. Election to ratify abolition of city court of Cleveland. Effective Jan. 1, 1925. Page 142 Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. CRAWFORDVILLE CITY COURT; JURY TRIALS. No. 253. An Act to amend an Act creating the city court of Crawfordville, approved July 29, 1921, so as to provide for trial by a jury of twelve in said court. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act Section 19 of said Act be and the same is hereby amended by striking therefrom the words provided, however, that the defendant in any criminal case and either party in any civil case may waive demand for a full panel and demand a panel of twelve jurors from which shall be selected a jury of six as hereinafter provided. Act of 1921 amended. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act Section 21 of said Act be and the same is hereby amended by striking therefrom the words provided, however, that where a full panel has been waived as provided in Section 19 and a panel of twelve has been summoned, the strikes shall be proportionately the same as when twenty-four jurors are summoned and the jury in either civil or criminal cases shall consist of six jurors. 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 28, 1923. Page 143 CRAWFORDVILLE CITY COURT ABOLISHED. No. 397. An Act to repeal an Act entitled An Act to create the city court of Crawfordville, in the City of Crawfordville, and for the County of Taliaferro; to prescribe its jurisdiction and the powers and duties thereof; to provide the qualifications for the officers thereof; the manner of their appointment and terms of office; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved July 29, 1921. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled An Act to create the city court of Crawfordville, in the City of Crawfordville, and for the County of Taliaferro, to prescribe its jurisdiction and the powers and duties thereof; to provide the qualifications for the officers thereof; the manner of their appointment and terms of office; to provide for pleading and practice and new trials therein, and writs of error therefrom; and for other purposes, approved July 29, 1921, be and the same is hereby repealed. Act of 1921 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not take effect until January 1st, 1924. Effective Jan. 1, 1924. Sec. 3. Be it further enacted by the authority aforesaid, That all business pending in said court at the time of the going into effect of this Act shall by this Act be transferred to the superior court of Taliaferro County; all books, papers and all proceedings of whatever kind, either civil or criminal, shall be turned over to the clerk of the superior court of Taliaferro County to be disposed of by said superior court. Transfer of all business pending; books, papers, etc. Sec. 4. Be it further enacted by the authority aforesaid, Page 144 That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1923. FAIRBURN CITY COURT ESTABLISHED. No. 204. An Act to establish the city court of Fairburn in and for the County of Campbell; 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 judges and other officers thereof and to fix their compensation; to provide for rules of practice and procedure in said court; to provide for new trials and writs of error therefrom; and to provide for the transfer of certain cases to said city court of Fairburn from the superior court of Campbell County, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the city court of Fairburn to be located in the County of Campbell, in the City of Fairburn, is hereby established and created with civil and criminal jurisdiction of the whole County of Campbell concurrent with the superior court, to try and dispose of all civil cases of whatever nature wherein the principal claimed or involved is more than one hundred ($100) dollars and does not exceed one thousand ($1,000) dollars, except those of which the Constitution of this State has given the superior court exclusive jurisdiction; and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the County of Campbell. That the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also the other kind of suits and proceedings that now or may hereafter be in use in the superior court, either under the common law or statutes, including Page 145 among others, attachment and garnishment proceedings, claims to personalty, illegalities, counter affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrants, trover and bail trover, foreclosure of all liens and mortgages on personalty, habeas corpus proceedings and quo warranto. 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 powers as the judge of the superior court. City court of Fairburn established. Jurisdiction, civil and criminal, defined. Habeas corpus. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court of Fairburn, that the first judge of said city court shall be appointed and commissioned by the Governor, whose term of office shall expire on the 1st day of January, 1925, or until his successor is elected and qualified. His successor as judge of said city court shall be elected by the qualified voters of Campbell County at the regular election to be held on Tuesday after the first Monday in November, 1924, or at such other time as the regular election is held for State officers in said year of 1924, 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; appointment, election, and term of office. Sec. 3. Be it further enacted by the authority aforesaid, That the judge of said city court of Fairburn shall receive a salary of twelve hundred ($1,200) per annum, and shall be paid monthly out of the funds arising from the fines and forfeitures of said court, as hereinafter provided. 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 Fairburn, and may hold any other office or offices except those which he is expressly prohibited by law from holding. Salary of judge. Practice of law; office-holding. Page 146 Sec. 4. Be it further enacted by the authority aforesaid, That no one shall be eligible for the office of said judgeship unless he shall at the time of qualification be at least twenty-five (25) years old, a resident of Campbell County, Georgia, for at least three years immediately preceding his election or appointment, and must have practiced law at least three years before his qualification. He shall immediately 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 rights 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 Fairburn according to the best of my ability and understanding agreeable to the laws and Constitutions of this State and of the United States, so help me God, which oath shall be filed in the executive department. Who eligible. Oath of judge. Sec. 5. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court of Fairburn, that said first solicitor shall be appointed and commissioned by the Governor, whose term of office shall expire on the first day of January, 1925, or until his successor is elected and qualified. His successor as solicitor of said court shall be elected by the qualified voters of Campbell County at the regular election to be held on Tuesday after the first Monday in November, 1924, or at such other time as the regular election is held for State officers in said year 1924, and once every four years thereafter, and all vacancies in said office of solicitor of said court shall be filled by appointment of and commissioned by the Governor of the 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. Solicitor; appointment, election, and term of office. Duties of solicitor. Sec. 6. Be it further enacted by the authority aforesaid, That the salary of the solicitor of said city court shall be Page 147 one thousand ($1,000) dollars per annum, and shall be paid monthly out of funds arising from fines and forfeitures of said court as hereinafter provided. Said solicitor shall receive for representing the State in the appellate courts of State the same compensation now paid by the State to solicitor-generals of superior courts for like services, said fees to be paid by the State in the same manner that the same are now paid solicitor-generals. The solicitor of said city court shall, as such, receive no other compensation, but may practice law in any court or courts and may hold any other office or offices, except those which he is expressly prohibited by law from holding. Salary of solicitor. Practice of law; and office-holding. Sec. 7. Be it further enacted by the authority aforesaid, That no person shall be eligible for the office of solicitor of said city court of Fairburn unless he shall have arrived at the age of twenty-one (21) years at the time of his qualification, and shall have been a bona fide resident of Campbell County for at least two years immediately preceding his election or appointment, and shall be actively engaged in the practice of the profession of law. 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 or affection, discharge my duties as solicitor of the city court of Fairburn, so help me God. If for any reasons the solicitor shall be absent or disqualified to act in any case, the court shall appoint a solicitor pro tempore who shall be paid by the solicitor from his salary. Who eligible. Solicitor's oath. Sec. 8. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Campbell County shall be the clerk of the city court of Fairburn, 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 oath 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; oath and powers. Page 148 Sec. 9. Be it further enacted by the authority aforesaid, That the sheriff of Campbell County shall be the sheriff of the city court of Fairburn. Before entering upon the discharge of his duties of the office of sheriff of said city court, said sheriff shall execute a bond with good security for the sum of $2,00 for the faithful discharge of the duties of his office. He shall have 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 shall be in the same form as the usual bond given by the sheriff and shall be filed with the ordinary of said county. Any deputy or deputies that said sheriff may have or may hereafter have shall also be deputy sheriffs of said city court. The sheriff of said court is authorized with the approval of the judge of said court to appoint at each term of court not exceeding two bailiffs as officers of said court, who shall receive for their services the sum of one dollar and fifty cents per day. Sheriff; bond and powers. Sheriff's deputies. Bailiffs, compensation. Sec. 10. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the office of clerk of the superior court and to the office of sheriff of the superior court shall attach to the office of the clerk and the sheriff of the city court of Fairburn, respectively. And that the judge of the city court of Fairburn is empowered to enforce the same authority over their clerk and sheriff of said city court and their duties as is exercised by the judge of the superior court over the clerk of the superior court and the sheriff of Georgia. Duties and liabilities of clerk and sheriff. Sec. 11. Be it further enacted by the authority aforesaid, That the clerk of the city court of Fairburn shall be paid the same fees as are allowed the clerks of the superior court for like services and the sheriff of the city court shall be paid the same fees as are allowed the sheriff of Campbell County for services in the superior court, and the said sheriff and his deputies shall for all services receive the Page 149 same fees as are allowed by the law for like services in the superior court of said county. Said fees shall be paid monthly out of the funds arising from the fines and forfeitures of said court as hereinafter provided. The said clerk and deputy and said sheriff and 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 court as they are now entitled to in the superior court. Fees of clerk and sheriff. Remedies to collect fees and costs. Sec. 12. Be it further enacted by the authority aforesaid, That the terms of the city court of Fairburn shall be as follows: The first court to be held the second Monday in October, 1923, and quarterly thereafter on the second Mondays in January, April, July and October of each year thereafter. 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 term, 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 term to such time as he shall deem best, and he shall have the same power as to holding adjourned and special terms of his court as judges of the superior courts have. 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 the superior courts except as hereinafter provided, but process to writs shall be annexed 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 Fairburn or his deputies thereof. Procedure to conform to that of superior court, except. 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 the Act and unless otherwise specially provided by this Act, shall be applicable to said city court. Service, pleading and practice. Page 150 Sec. 15. Be it further enacted by the authority aforesaid, That all cases, both civil and criminal, over which the court has jurisdiction, shall be tried by the judge without a jury unless one party to the case shall in writing demand a trial by a jury, and in that case a trial shall be had by a jury of six (6) as hereinafter provided, unless always, in any case one of the parties to a case, either civil or criminal, shall be entitled to a jury of twelve by entering a demand therefor in writing on or before the call of the docket at the term to which said cause is returnable, or in a criminal case by the State or defendant at the time the case is called and both parties have announced ready. The clerk of said court shall keep blank forms of demand for trial by a jury, and when a jury of twelve is not especially demanded, the party making the demand shall be entitled to a trial by a jury of six. A mere demand for a trial by a jury shall be a waiver of a trial by a jury of twelve and the party or parties must proceed to a trial with a jury of six. Trials with and without juries. Demand for jury trial. Jury of six, unless. Blank forms. Mere demand. 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; all executions issuing from 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 Fairburn and to all and singular the sheriffs or their deputies of the State of Georgia. And processes of all kinds issued from said court shall be directed in the same manner as executions. Lien of judgments. Execution. 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; Provided the amount claimed does not exceed the jurisdictional amount as hereinbefore provided, and such claims shall be tried in the same manner as claims are tried in the superior court. Claim cases; personal property, jurisdictional amount. Page 151 Sec. 18. Be it further enacted by the authority aforesaid, That claims to real property levied upon 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 courts. Levies on realty returnable to. Sec. 19. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments 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 court, 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 Fairburn and to all and singular the sheriffs and constables of said 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 the superior courts, but scire facias shall run throughout the State and may be served by any sheriff or his deputies thereof. Scire facias. Sec. 22. Be it further enacted by the authority aforesaid, That the general laws of the State with regard to the commencement of suits in the superior court, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits or witnesses by interrogatories, or under subp[UNK]nas, witnesses and their attendance or other matters Page 152 of judicial nature within the jurisdiction of the said city court, shall be applicable to 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 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 the State in which by existing laws deeds and papers may be attested and affidavits may be administered by the justice of peace of the State; and the judge of said city court shall have all the power and authority throughout his jurisdiction as the judge of the superior court, and all laws relating to the government of judges of the superior courts shall apply to the judge of said city court insofar as the same may be applicable, except as herein provided. Judge's powers as to testimony, oaths, etc. Sec. 24. Be it further enacted by the authority aforesaid, That the city court of Fairburn 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 the superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record; records, seals, files, etc. Sec. 25. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power 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 city court shall prepare and Page 153 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 Campbell 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 (1) 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 Campbell County. Said box shall be known as the city court jury box and shall be so constructed that it shall have two compartments and kept under one lock and key, and shall not be opened by anyone except the judge of said city court or some judge acting in his stead for the purpose of drawing juries, or for revising 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 a jury box and the sheriff shall keep the key to the same. At each October and April term of said city court the presiding judge shall in open court draw from jury box eighteen (18) names of persons to serve as jurors at the next term of said court and shall cause the clerk of said court to record the names of the jurors so drawn. And the clerk of said court shall prepare a summons for each juror and deliver the same to the sheriff of said city court or his deputies at least fifteen (15) days before the next term of said court, which sheriff or his deputies shall serve jurors at least ten (10) days before the term of the court the jurors are required to attend. Should it be necessary to draw a jury in vacation time, the judge of said court may at any time fifteen (15) days before the next term of said court, in the Page 154 presence of the clerk and sheriff of said court, proceed to draw a jury in the manner above described. No juries shall be drawn for the October and April terms of said court unless the judge of said court shall deem it necessary and shall draw the jury as above provided. All cases ready for trial at the October and April terms of said court, wherein a trial by a jury has been demanded, shall be automatically continued until the next term of said court unless the party demanding a trial by a jury shall withdraw the demand, in which case the matter will proceed to trial by the judge without a jury. Jurors. Jury list. Jury box. Revision of names of jurors. Drawing of juries. Summons, time, etc. Not jury terms. Sec. 27. Be it further enacted by the authority aforesaid, That all laws with reference to drawing, selecting, summoning traverse and tales jurors, qualifications, relationship, empanelling, challenging and compelling the attendance of jurors now in force in this State or may hereafter 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. The law in regard to the exemption from jury duty in the superior court shall apply in the city court. Laws as to jury duties applicable. Sec. 28. Be it further enacted by the authority aforesaid, That six (6) jurors shall constitute a panel, unless a trial by twelve jurors is demanded as hereinbefore set out. When a trial by a jury is demanded, the jury shall be selected as follows: In civil cases each side shall have three (3) strikes, and in criminal cases the defendant shall have four (4) strikes and the State shall have two (2) strikes, six shall thus constitute a jury. When a trial by a jury of twelve (12) is demanded as hereinbefore provided, a list of eighteen jurors shall be furnished and each party shall have the same number of strikes as provided above in this section when the trial is had by a jury of six (6). The judge shall have the same power to complete any panel by talesmen in the same manner as in the superior court. The jurors drawn on the regular and likewise the talesmen which the judge of said court is empowered to summon instanter Page 155 at any term of said court whenever necessary to complete a panel, shall each receive the sum of two ($2.00) dollars per day while serving as jurors in said court, the same to be paid under the same rules as regulating the payment of superior court jurors, except the same shall be drawn upon the city court funds as hereinafter provided. A panel in said court shall consist of six (6) jurors. Panels of six or twelve on demand. Sec. 29. Be it further enacted by the authority aforesaid, That all criminal cases tried in said court wherein the evidence makes out a case of felony, the judge shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as a preliminary hearing. Felony cases, suspension of trial, bail, etc. Sec. 30. 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 Campbell County. All the proceedings after the accusation shall conform to the rules governing like cases in the superior court, except as provided in Section 28 of this Act. In all cases tried, the accusation shall set forth the offense with the same particularity, both as to manner of form and substance, as is required by the laws and rules of criminal pleading, to be observed in bills of indictment in the superior court. Accusations. Right to be indicted. Sec. 31. Be it further enacted by the authority aforesaid, That the judge of the superior court of Campbell County shall send down from the superior court of Campbell County to the said city court of Fairburn 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 Campbell 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 Page 156 written order by the judge of the superior court or transmitted to the city court. Such orders shall be entered on the minutes of both courts. At the term of the superior court next after the passage of this bill, at the conclusion of said term, the judge of the superior court shall by proper written order entered upon the minutes of both courts, transfer all civil cases undisposed of to the city court of Fairburn, wherein the amount involved is within the jurisdiction of said city court of Fairburn, as hereinafter provided. Transfer of misdemeanor cases from superior court. Transfer of civil cases within jurisdiction. Sec. 32. Be it further enacted by the authority aforesaid, That it shall be the duty of the justice of the peace to bind over to said city court all persons charged with offenses committed within the limits of Campbell County over which said court has jurisdiction, there to answer said offense. Binding over to city court by justice of peace. Sec. 33. 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 exception filed under the same rules and regulations as govern and control the issue of writs of error and filing of a bill of exception in the superior court of this State. Writs of error. Sec. 34. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to grant new trials in cases, civil and criminal, in his court upon the same terms and conditions, the same laws and regulations, as govern the granting of new trials in the superior courts. All rules of procedure, pleading and practice governing motions, rules nisi and proceedings governing new trials in city courts, shall apply to and govern the same in said city court. New trials. Procedure. Sec. 35. Be it further enacted by the authority aforesaid, That in all cases in said city court the same powers and rights as to waivers, pleading or procedure, shall be allowed Page 157 and upheld by laws and rules as to parties in the superior court of this State except where inconsistent with this Act. Powers. Sec. 36. Be it further enacted by the authority aforesaid, That all suits against joint obligators, joint promisors, co-partners or joint trespassers, in which any one or more reside in the County of Campbell, 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, returns and other matters connected with the suits. Suits against joint defendants. Sec. 37. Be it further enacted by the authority aforesaid, That all rules of the superior court relating to continuances, motions, pleas and practice, shall be applicable to said court and shall obtain herein where the same are not inconsistent with this Act. Rules. Sec. 38. Be it further enacted by the authority aforesaid, That whenever the judge of said court is, from any cause, disqualified from presiding and the judge of the superior court can not 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 refusal to agree, said cause shall be tried by a judge pro hac vice selected in the same manner as now provided for in superior courts. Disqualification of judge. Sec. 39. 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 sheriff of said court and immediately turned over to the treasurer of said county or be deposited in the name of the county in the county depository and there shall be kept a fund by said treasurer or depository to be known as City Court Fund; when the sheriff of said court turns over said money as aforesaid, said sheriff shall make and deliver to the clerk of the county commissioners an itemized statement of the source of said moneys. The fees and salaries Page 158 of all officers of said court shall be paid on the first Tuesday in each month upon warrant drawn and signed by the county commissioners, and each officer of said court shall present to said commissioners a statement of their salary or an itemized statement of their fees and the warrant so drawn by said commissioners shall be to cover the statement presented, and shall be drawn on the City Court Fund. The jurors of said court shall be paid by warrant drawn by the clerk of said city court on the City Court Fund, and the clerk of said court shall at the end of each jury term, after drawing and delivering said warrants, make out a statement of the names and amount paid to the jury and deliver said statement to the clerk of the county commissioners. City Court Fund. Fees and salaries. Sec. 40. Be it further enacted by the authority aforesaid, That the judge of the city court of Fairburn is hereby authorized to turn to the proper authorities of the County of Campbell the convicts of said city court to be by them treated and used as are the misdemeanor convicts from the superior court of this State. Convicts. Sec. 41. Be it further enacted by the authority aforesaid, That in each criminal case where the defendant is convicted and turned over to the county authorities of Campbell County to be disposed of by them as are misdemeanor convicts from the superior court of said county, the sheriff and clerk shall make out different and separate bills from the ones mentioned in paragraph 39 of this Act, and these bills shall include commitments, if any, and these bills shall be turned over to the county commissioners who shall issue warrants upon the Court fund of said county to cover said statements so presented, it being the intention of this section to require the county to pay the cost in all misdemeanor cases in said court, where the defendant is convicted and the county receives the services of the defendant as a convict on the road of said county. Warrants on Court fund. Sec. 42. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of Page 159 said county shall provide for the necessary books for the keeping of the dockets, minutes and records of said court and all equipment of every kind and character necessary in the operation of said court; also to provide a suitable place in the county courthouse for the holding of said court. Court equipment, provided for by. Sec. 43. Be it further enacted by the authority aforesaid, That there shall be a stenographer of said city court of Fairburn, appointed by the judge thereof, and all civil cases in said court 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 courts, to be paid by the plaintiff and defendant equally, and the stenographer shall have the right to enforce the collection of said fees as do the stenographers in superior court 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 required to attend criminal sessions of the said city court he shall receive for his services the same fee as do stenographers of the superior courts for like services. Stenographer. Collection of fees. Required to attend criminal sessions, fees. Sec. 44. Be it further enacted by the authority aforesaid, That the salaries and costs of the various officers of said city court shall be paid monthly upon warrants drawn by the county commissioners as hereinbefore provided, and it shall be the duty of such board to draw such warrants. Salaries and costs. Sec. 45. Be it further enacted by the authority aforesaid, That when there is not a sufficient amount of money in the hands of the treasurer in the City Court Fund to pay the warrants drawn on said fund, the commissioners of roads and revenues shall draw warrants to cover the expense on the court fund and when the money in the City Court Fund is sufficient to authorize it, said commissioners shall have the right to pay back to the court fund the amount of money drawn on said fund to pay city court expenses. Warrants. Page 160 Sec. 46. Be it further enacted by the authority aforesaid, That on the first day of January of each year the money in the hands of the treasurer in the City Court Fund shall be placed in the general treasury and reapportioned among the different funds, the City Court Fund to receive no part of said money in said reapportionment. City Court Fund reapportioned. Sec. 47. Be it further enacted by the authority aforesaid, That no case now pending in civil division of the superior court of Campbell County wherein the amount involved is within the jurisdiction of the city court shall be transferred to said city court unless all parties to said case shall agree that the case be transferred. No transfer of civil cases. Sec. 48. Be it further enacted by the authority aforesaid, That should any provision of the 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. Illegal provisions. Sec. 49. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 18, 1923. FLOYD COUNTY CITY COURT; JURY TRIALS. No. 119. An Act to amend an Act approved September 27, 1883, establishing a city court in the County of Floyd, and all amendatory Acts thereof, by inserting the words or the State between the words defendant and in in the third line of Section 9 of said original Act, so as to give the State equal right with the defendant to demand a trial by a jury in said court in criminal cases; to repeal conflicting laws, and for other purposes. Page 161 Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act approved September 27, 1883, entitled An Act to establish a city court in the County of Floyd and all Acts amendatory thereof be and the same is hereby amended by inserting between the words defendant and in in the third line of Section 9 of said original Act the following words, to wit: Or the State, so that when amended said section shall read as follows: Act of 1883 amended. Sec. 9. Be it further enacted, That the trial of all issues of fact in said court shall be by the court, without a jury, except where either party in a civil case, or the defendant or the State in a criminal case shall, in writing, demand a trial by jury. A failure to file such demand at or before the beginning of the trial shall be a waiver of such right. Trial without jury. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. GREENSBORO CITY COURT; JURY TRIALS; JUDGMENTS. No. 97. An Act to amend an Act approved August 16th, 1912, establishing the city court of Greensboro in and for the County of Greene, as amended by all Acts amendatory thereof so as to entitle the State to have a jury trial as a matter of right of any criminal case pending in said court before a jury of twelve jurors; 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; to provide for the taking of verdicts and rendition Page 162 of judgments thereon in cases pending in and returnable to said court at the first or appearance term where no legal defense is filed; to provide for the drawing and selection of jurors and to repeal all existing provisions of said Act of August 16, 1912, and of all Acts amendatory thereof, where inconsistent with this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 16, 1912, referred to in the caption hereof, and all Acts amendatory thereof be and the same is hereby amended as follows: Be it enacted by the authority aforesaid, That in all criminal cases in said court the State shall be entitled as a matter of right to have same tried by a jury of twelve jurors therein, on demand, which demand may be made verbally or in writing by the solicitor 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 presiding judge. Act of 1912 amended. Jury trial as a matter of right, when. Sec. 2. Be it enacted by the authority aforesaid, That Section 18 of said Act of August 16, 1912, as amended by all Acts amendatory thereof, be and the same is hereby amended as follows: By striking from said section the following: That the defendant in any criminal case and either party in any civil case may waive demand for a full panel and demand a full panel of twelve jurors from which shall be selected a jury of six as hereinafter provided, and by inserting and substituting in lieu of the words so stricken the following: That whenever both parties in any case, either criminal or civil, agree thereto said parties may waive demand for a full panel and demand a panel of twelve jurors, from which shall be selected a jury of six as hereinafter provided, nothing herein, however, to be construed as denying either party upon demand the right of trial by a jury of twelve jurors, so that said section when so amended shall be and read as follows: Section 18. Be Page 163 it further enacted, That it shall be the duty of the clerk of said city court to prepare and file in his office a complete copy of jury lists of the superior court of Greene County as provided from time to time for said superior court. From said copy so made jurors in said city court shall be drawn in the following manner: The clerk of said city court shall write upon separate tickets the name of each juror and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn twenty-four jurors in the manner now required by law in the superior court; Provided, however, that whenever both parties in any case either criminal or civil, agree thereto said parties may waive demand for a full panel and demand a panel of twelve jurors from which shall be selected a jury of six as hereinafter provided, nothing herein, however, to be construed as denying either party upon demand the right of a trial by a jury of twelve jurors. All laws with reference to the drawing and summoning traverse and tales jurors in the superior court shall apply to the city court, except that the sheriff shall be paid five ($5.00) dollars for summoning said jurors. All exemptions from jury duty in force in the County of Greene shall be of effect and apply in said city court. Waiver of trial by jury of twelve. Section 18 to read. Jury lists. Walve full panel. Summons. Exemptions. Sec. 3. Be it further enacted by the authority aforesaid, That in all civil cases pending in and returnable to said city court without regard to the principal amount involved, to which there has been upon the call of the appearance docket no legal defense filed, verdicts and judgments may be had thereon at the first or appearance term. Verdicts and judgments at first term. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this amendatory Act be and the same are hereby repealed. Approved July 27, 1923. Page 164 GREENVILLE CITY COURT; ELECTION OF JUDGE AND SOLICITOR; JUDGE'S SALARY. No. 465. An Act to amend an Act creating the city court of Greenville, approved December 13th, 1899, providing for the time of election of a judge and solicitor of said county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That the Act creating the city court of Greenville be amended by striking the words, The first election for said judge shall be held on the second Monday in January, 1900, in Section 2 of said Act, and inserting in lieu thereof the following words: After the passage of this Act the judge and solicitor of said court shall be elected on the second Monday in January, 1924, at the same time the Commissioners of Roads and Revenues of Meriwether County are elected, and every four years thereafter on the second Monday in January when the said commissioners of roads and revenues are elected. So that Section 2 of said Act creating said court shall read as follows: Be it further enacted by the authority aforesaid, That there shall be a judge of said city court who shall be elected by the qualified voters of said County of Meriwether, who shall hold his office for the term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same until the next regular election when the judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections; provided, that if said vacancy occurs within thirty days of the next general election, then the appointment of the Governor shall continue for the remainder of the unexpired term. The judge of said city court shall receive a salary of seven hundred and fifty ($750.00) dollars per annum, which shall neither be diminished nor increased during his continuance, except to apply to a subsequent term in office, and which shall be Page 165 paid monthly by the treasurer of the County of Meriwether and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. After the passage of this Act the judge and solicitor of said court shall be elected on the second Monday in January, 1924, at the same time the Commissioners of Roads and Revenues of Meriwether County are elected, and every four years thereafter on the second Monday in January, when the said commissioners of roads and revenues are elected. Act of 1890 amended. Judge to be elected. Salary. Judge may practice law. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. HOUSTON COUNTY CITY COURT; ELECTION TO ABOLISH. No. 341. An Act to repeal an Act entitled An Act to establish a city court in and for the County of Houston; to define its powers, jurisdiction, procedure and practice; to provide for the appointment of a judge and other officers thereof; to define the powers of the judge and other officers thereof, and for other purposes, approved August 8, 1908, and also to repeal all laws amendatory of or in relation to said Act, and to abolish said city court and to provide for the disposition of business pending in said city court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that the Act approved August 8, 1908, establishing Page 166 the city court of Houston County, in and for the County of Houston, and all Acts amending said Acts heretofore referred to in above caption are hereby repealed. Act of 1908 amended. Sec. 2. Be it further enacted, That from and after the passage and approval of this Act, the said city court of Houston County be and the same is hereby abolished. City court abolished. Sec. 3. Be it further enacted, That all suits pending in said city court of Houston County are hereby transferred to the superior court of Houston County and all judgments and executions heretofore rendered in and by said city court of Houston County are hereby kept alive and of full force and vigor and that all such executions and all mesne and final processes of said city court of Houston County, which have not been executed, shall be returnable to the superior court of the County of Houston, and all claims, illegalities and other issues arising from the execution of such processes and fi. fas. shall be returnable and determinable as though same had issued from the superior court of Houston County. Transfer of suits. Sec. 4. Be it further enacted, That all criminal cases founded upon indictment pending in the city court of Houston County when this Act shall become effective, shall be transferred to the superior court of Houston County, and all criminal cases founded upon accusation pending therein shall be at once heard by some justice of the peace of the County of Houston, who shall have power to bind over the accused for his appearance at the next term of the superior court of said county, or to discharge in the same manner as if brought before him upon a warrant, provided that where the accused has been regularly bound over upon a warrant to the city court of Houston County, or has given bond for his appearance before said court such committal or bond shall be considered valid to secure his presence at the next term of the superior court of Houston County. Criminal cases transferred. Justice of peace to try pending accusations. Sec. 5. Be it further enacted, That such motions for new trial as may be pending in the city court of Houston Page 167 County, when this Act becomes effective, shall be heard by the judge of the superior court of the Macon Judicial Circuit, and that when after this Act becomes effective, judgment is rendered in the Supreme Court of Georgia, or the Court of Appeals of Georgia, in any case pending therein from the city court of Houston County the clerk of the higher court shall send the remittitur in said case to the clerk of the superior court of Houston County where it shall be made the judgment of said court as having jurisdiction therein. Motions for new trial. Sec. 6. Be it further enacted, That all dockets, minutes, records, books and papers of the city court of Houston County shall be held by the clerk of the superior court of Houston County as part of the records of that court. Dockets, etc. Sec. 7. Be it further enacted by the authority aforesaid, That this Act shall go into effect December 31st, 1923, provided that its provisions shall not become of force and effect unless ratified by a majority of votes cast by the qualified voters of Houston County at an election which is hereby called to be held on the first Wednesday in December, 1923, for the purpose of submitting the provisions of this Act to the qualified voters for their approval or rejection, which election shall be held and the result thereof shall be consolidated and declared in the same manner as now provided by law for holding elections for members of the General Assembly. At said election voters who wish to cast ballots for the approval of this Act shall have written or printed thereon Against City Court, and those who wish to cast ballots against this Act shall have written or printed thereon For City Court, at the courthouse in said county on the day succeeding said election at twelve o'clock noon, the result of said election shall be declared by the managers thereof to the ordinary of said county, who shall under his hand and seal certify the result thereof to the Secretary of State. Effective Dec. 31, 1923, if ratified. Sec. 8. Be it further enacted by the authority aforesaid, That it is hereby made the duty of the ordinary of Houston Page 168 County to have published and printed at the expense of said county, ballots, tally sheets and blank returns for said election and he shall furnish same to the election managers; and that after the approval of this Act the ordinary of said county shall give notice of the election hereinbefore called by publication in two issues of the official gazette of the County of Houston, said notice to be given not more than 30 days prior to the date of said election. Duty of ordinary. 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 4, 1923. JEFFERSON CITY COURT; CLERK; POWERS, DUTIES AND FEES. No. 548. An Act to amend an Act establishing the city court of Jefferson in the City of Jefferson, in and for the County of Jackson, approved July 16, 1903, and Acts amendatory thereof; to provide that the clerk of the superior court of Jackson County shall be ex-officio clerk of the city court of Jefferson, 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 July 16, 1903, entitled An Act to establish the city court of Jefferson, in the City of Jefferson, in and for the County of Jackson, and an amendatory Act thereto, approved August 10th, 1906, be amended as follows: Act of 1903 amended. The clerk of the superior court of Jackson County shall be ex-officio clerk of said city court of Jefferson and his official entitlements shall be clerk of the city court of Jefferson, and for services rendered in said city court of Page 169 Jefferson shall be entitled to the same fees as are allowed him by law in the superior court, and shall discharge the same duties and be subject to the same obligations and penalties. He shall have power to appoint a deputy or deputies; he shall give bond in the sum of one thousand dollars for the faithful performance of the duties of clerk of city court of Jefferson. Clerk of city court of Jefferson. Fees. Deputies. Bond. Sec. 2. Be it further enacted, That the provisions of this Act shall take effect and become operative January 1st, 1925. Effective Jan. 1, 1925. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 20, 1923. LANIER COUNTY COURT ABOLISHED. No. 113. An Act to abolish the county court of Lanier County, established by the grand jury of said county at the January term, 1922, of the superior court of said county, as appears of record in minute book 1, pages 40 and 41, and to provide for the transfer of all business now pending in said court. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That on and after the passage and approval of this Act the county court of Lanier County, established by the grand jury of said county at the January term, 1922, as appears of record in minute book 1, pages 40 and 41, be and the same is hereby abolished. County court abolished. Sec. 2. Be it enacted by the authority aforesaid, That all business, both civil and criminal, now pending in said county court of Lanier County be transferred for trial and Page 170 final disposition to the superior court of Lanier County; and that all certioraries when passed upon by the judge of the superior court and all fi. fas. returnable to said county court, when levied, shall be returned to the superior court of Lanier County, and the judge of said county court and the clerk thereof are hereby directed to turn over all papers in all civil and criminal cases pending in said county court to the clerk of the superior court of Lanier County. Civil and criminal business transferred. Certioraries and fi. fas. 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 27, 1923. MACON CITY COURT; ELECTION TO INCREASE JUDGE'S SALARY. No. 182. An Act to increase the salary of the judge of the city court of Macon, in and for Bibb County, and to provide when this Act shall become operative, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the judge of the city court of Macon, in and for the County of Bibb, shall receive a salary of six thousand dollars per annum, and that said salary shall be paid in monthly installments out of the treasury of the County of Bibb by the person or persons charged by law with paying out the moneys of said county. Salary of judge. Sec. 2. 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 Bibb County for ratification at an election to be called for Page 171 that purpose by the ordinary of said county at some date not later than December 1st, 1923, nor earlier than September 1st, 1923, and if a majority of the votes of said election are cast in favor of the ratification of the provisions of this Act relating to the salary of the judge of the city court, the same shall become operative as therein provided. At said election those desiring to vote in favor of said Act shall have written or printed on their ballots For ratification of Act increasing the salary of the judge of the city court of Macon, and those desiring to vote against said Act shall have written or printed on their ballots, Against the ratification of the Act increasing the salary of the judge of the city court of Macon. Said election shall be held as now provided by law for holding special elections except that the returns shall be made to the ordinary of said county, and the said ordinary shall declare the result of said election. To be ratified at an election. Ballots. Election, how held. Sec. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1923. MACON MUNICIPAL COURT; ELECTION TO AMEND CREATING ACT. No. 288. An Act to amend an Act abolishing justice courts, the office of justice of the peace and notary public, ex-officio justice of peace and the office of constable in the City of Macon and to establish and create in lieu thereof a municipal court in the City of Macon approved August 16, 1913, and also for the purpose of amending the Acts amending above recited Act, approved August 5, 1921, which amendments were for the purpose of regulating Page 172 the salaries of the officers of the municipal court of the City of Macon, and providing when this Act shall become operative, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above recited Act, approved August 16, 1913, and the above recited Act, approved August 5, 1921, be amended by striking the words thirty-six hundred dollars per annum where the same occurs in Section 1 of said last mentioned Act, and inserting in lieu thereof the words forty-eight hundred dollars per annum, so that the compensation of the judge of the municipal court of the City of Macon shall be and is fixed at the sum of forty-eight hundred dollars per annum. Acts of 1913 and 1921 amended. Judge's salary. Sec. 2. Be it enacted by the authority aforesaid, That Section 2 of the Act approved August 5, 1921, amending the original Act approved August 16, 1913, be amended by striking the words nineteen hundred and nineteen hundred dollars per annum wherever they occur in said section of said Act, and inserting in lieu thereof the words, twenty-four hundred and twenty-four hundred dollars per annum so that the compensation of the clerk of the municipal court of the City of Macon shall be and is fixed at the sum of twenty-four hundred dollars per annum. Clerk's salary. Sec. 3. Be it enacted by the authority aforesaid, That Section 3 of the Act approved August 5, 1921, amending the original Act approved August 16, 1913, be amended by striking the words sixteen hundred and sixteen hundred and eighty dollars per annum wherever they occur of said Section 3 of said Act, and inserting in lieu thereof the words eighteen hundred and eighteen hundred dollars per annum, so that the compensation of the deputy clerks of said municipal court of the City of Macon shall be and is fixed at the sum of eighteen hundred dollars per annum each. Deputy clerks' salaries. Page 173 Sec. 4. Be it enacted by the authority aforesaid, That Section 4 of the Act approved August 5, 1921, amending the original Act approved August 16, 1913, be amended by striking the words, nineteen hundred and eighty and nineteen hundred and eighty dollars per annum wherever they occur in said section of said Act, and inserting in lieu thereof the words twenty-four hundred and twenty-four hundred dollars per annum, so that the compensation of the sheriff of the municipal court of the City of Macon shall be and is fixed at the sum of twenty-four hundred dollars per annum. Sheriff's salary. Sec. 5. Be it enacted by the authority aforesaid, That Section 5 of the Act approved August 5, 1921, amending the original Act approved August 16, 1913, be amended by striking the words sixteen hundred and sixteen hundred and eighty dollars per annum and inserting in lieu thereof the words eighteen hundred and eighteen hundred dollars per annum, so that the compensation of the deputy sheriffs of the municipal court of the City of Macon shall be and is fixed at the sum of eighteen hundred dollars per annum each. Deputy sheriffs' salaries. Sec. 6. Be it further enacted by the authority aforesaid, That Section 19 of the original Act creating the municipal court of the City of Macon, approved August 16, 1913, be amended by adding to said section the following words, to wit: Whenever it is sought to garnish a person or persons outside the city limits of the City of Macon in Bibb County, or in another county, on a suit pending, or judgment obtained in said court, the provisions now contained in the Code of 1920, Sections 5275 to 5279 inclusive, relating to garnishments in different counties shall be applicable in the same manner as to suits involving not more than $100.00 principal, or judgments obtained for not more than $100.00 principal, just as if said cases were pending in or judgments obtained from a justice court in Bibb County, and as to suits involving more than $100.00 principal, or judgments obtained for more than $100.00 principal, Page 174 just as if said suits were pending in or judgments obtained from a superior court or city court, and provided, further, that for such purposes all justice courts outside of the City of Macon, and in the County of Bibb, and likewise the superior court of Bibb County and the city court of Macon, shall be deemed and considered as courts of a county other than Bibb County; except that where there is a municipal court in the city or county where the garnishee resides having jurisdiction, then the summons of garnishment shall be returnable to such municipal court. Garnishments. Justice courts outside City of Macon. Sec. 7. 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 Bibb County for ratification at an election to be called for that purpose by the ordinary of said county at some date not later than December 1st, 1923, nor earlier than September 1st, 1923, and if a majority of the votes of said election are cast in favor of the ratification of the provisions of this Act relating to the salaries of the officers of the court, the same shall become operative as therein provided. At said election those desiring to vote in favor of said Act shall have written or printed on their ballots For ratification of Act increasing the salaries of the officers of the municipal court of the City of Macon, and those desiring to vote against said Act shall have written or printed on their ballots, Against the ratification of the Act increasing the salaries of the officers of the municipal court of the City of Macon. Said election shall be held as now provided by law for holding special elections except that the returns shall be made to the ordinary of said county, and the said ordinary shall declare the result of said election; Provided, however, that Section 6 of said Act amending Section 19 of the original Act creating the municipal court of the City of Macon, approved August 16, 1913, shall become operative upon the passage of the bill when approved by the Governor. Election for ratification. Ballots. Proviso. Sec. 8. Be it further enacted by the authority aforesaid, Page 175 and it is hereby enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. MADISON CITY COURT; SALARIES OF JUDGE AND SOLICITOR. No. 188. An Act to amend an Act approved August 15, 1910, establishing the city court of Madison, in and for the County of Morgan, and the several Acts amendatory thereof, so as to reduce the salary of the judge of said city court of Madison from eighteen hundred dollars per annum to fifteen hundred dollars per annum, and so as to reduce the salary of the solicitor of said city court of Madison from eighteen hundred dollars per annum to twelve hundred dollars per annum; to provide that from January 1, 1924, said judge of said city court of Madison shall receive a salary of fifteen hundred dollars per annum instead of eighteen hundred dollars per annum, and that said solicitor of said city court of Madison, after January 1, 1924, shall receive a salary of twelve hundred dollars per annum instead of eighteen hundred dollars per annum, payable at the times and in the manner now provided 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 approved August 15, 1910, establishing the city court of Madison in and for the County of Morgan, and the several Acts amendatory thereof, be and the same are hereby amended so as to reduce the salary of the judge of said city court of Madison from eighteen hundred dollars per annum to fifteen hundred dollars per annum, and so as to reduce the salary of the solicitor of said city court Page 176 of Madison from eighteen hundred dollars per annum to twelve hundred dollars per annum. Act of 1910 and Acts amendatory, amended. Salaries of judge and solicitor, reduced. Sec. 2. That from and after the first day of January, 1924, the said judge of said city court of Madison shall receive a salary of fifteen hundred dollars per annum instead of eighteen hundred dollars per annum, and the solicitor of said city court of Madison shall receive a salary of twelve hundred dollars per annum instead of eighteen hundred dollars per annum, each of said salaries payable at the times and in the manner now provided by law. To take effect. Salaries, how payable. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1923. MONROE CITY COURT ABOLISHED. No. 129. An Act to repeal an Act entitled an Act to establish the city court of Monroe in and for the County of Walton, to define the powers and jurisdiction of the same, to provide for the appointment of a judge, solicitor and other officers thereof, and to define their powers and duties, to provide for pleadings, practicing, and new trials therein, for the carrying of cases direct to the Supreme Court by writ of error, and for other purposes, approved August 17th, 1905 (Acts 1905, pages 303 to 314), as amended by Acts of 1906, pages 270 to 272, approved August 20th, 1906, also Acts 1913, pages 269 to 275, approved August 1st, 1913; to provide for the transfer of all cases, civil and criminal, now pending in the city court of Monroe to the superior court of Walton 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, an Page 177 Act to establish the city court of Monroe, in and for the County of Walton, approved August 17th, 1905 (Acts 1905, pages 303 to 314), and the Acts amendatory thereof, approved August 20th, 1906 (Acts 1906, pages 270 to 272), and also Acts approved August 1st, 1913 (Acts 1913, pages 269 to 275), be and the same are hereby repealed, and the city court of Monroe abolished. Acts of 1905, 1906 and 1913 amended. Sec. 2. Be it further enacted by the authority aforesaid, That all suits pending in said city court of Monroe be and the same are hereby transferred to the superior court of Walton County; and all judgments and executions rendered in and by said city court of Monroe are hereby kept alive and of full force and vigor, and that all such executions and all mesne and final processes of said court which have not been executed, shall be returnable to the superior court of Walton County; and all claims, illegalities and other issues arising from the execution of such processes and fi. fas. shall be returnable and determinable as though the same had issued from the superior court of Walton County. Transfer of suits. Judgments and executions. Sec. 3. Be it further enacted by the authority aforesaid, That all criminal cases founded upon indictments pending in the city court of Monroe shall be transferred to the superior court of Walton County for trial and all criminal causes founded upon accusations pending therein shall at once be heard by some justice of the peace of the county aforesaid, who shall have power to bind over the accused for his or her appearance at the next term of the superior court of said county or to discharge in the same manner as if brought before him on a warrant; Provided, however, that when the accusation is based upon a commitment by a justice of the peace or has given bond for his appearance before said court, such committal or bond shall be considered valid and secure his presence at the next regular term of the superior court without further investigation. Transfer of criminal cases. Pending accusations to be tried by justice, binding over, etc. Bonds. Page 178 Sec. 4. Be it further enacted by the authority aforesaid, That all motions for new trial pending in the city court of Monroe shall be heard and determined by the judge of the superior court of Walton County, and when judgment is rendered in the Court of Appeals or Supreme Court of Georgia in any case pending therein from the city court of Monroe the clerk of said court shall transmit the remittitur in said case to the clerk of Walton superior court where it shall be made the judgment of said court as having jurisdiction therein. Pending motions for new trial. Cases pending in C. A. and S. C., remittitur. Sec. 5. Be it further enacted by the authority aforesaid, That all dockets, minutes, records, books and papers pertaining to the business of the city court of Monroe shall be turned over to the clerk of Walton superior court to be preserved by him as part of the records of said court. Dockets, etc., to be turned over to. Sec. 6. Be it further enacted by the authority aforesaid, That all suits brought in the city court of Monroe and pending therein, where the service has been regularly perfected and when the same would be for disposition at the July term, 1923, be and the same are hereby declared for trial at the August term, 1923, of the superior court of Walton County, as well as all other cases pending in said court, and if any cause has not been reached on the appearance docket of the city court of Monroe, the next term of Walton superior court shall be the appearance term for said cause. Trial of pending suits, superior court. Sec. 7. Be it further enacted by the authority aforesaid, That all the provisions of this Act shall become immediately operative upon the approval of this Act. When operative. 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 16, 1923. Page 179 POLK COUNTY CITY COURT; JURISDICTION; FINE AND FORFEITURE FUND. No. 137. An Act to amend an Act approved November 18th, 1901, entitled An Act to establish the city court of Polk County in the City of Cedartown, in and for the County of Polk; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; and for other purposes, by amending Section 2 of said Act so as to extend the jurisdiction of said court, and by inserting a new section to be numbered 38 providing for distribution of the fine and forfeiture fund arising from fines and collection of forfeited recognizances in said court, and by renumbering the last two sections of said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Act creating the city court of Polk County in the City of Cedartown in and for the County of Polk, described in the caption of this Act, be and the same is hereby amended by adding at the end of Section 2 of said Act after the word verdict the following words, to wit: Provided, further, that said city court of Polk shall have jurisdiction to try and dispose of all issues arising from warrants to dispossess tenants holding over, and intruders, and counter affidavits and defenses filed thereto, under the same rules and regulations, and with the same authority and power as the superior courts. Act of 1901 amended. Sec. 2. Be it further enacted by the authority aforesaid, That said Act establishing the city court of Polk County, in and for the County of Polk, as described in the caption, be and the same is hereby amended by adding a new section to said Act, to be inserted in said Act immediately after Section 37 thereof, said new section to be known as Section 38 and which shall read as follows: New Section 38. Page 180 Sec. 38. Fine and forfeiture fund, how paid out. Money arising from fines, or collected on forfeited recognizances in the city court of Polk County, or for a violation of the penal laws, shall be disbursed as follows: first to payment of accrued costs in the particular case; second, fifteen per cent (15%) of same to be paid into the county treasury to be applied to court expenses, then one-fourth of the remainder to be applied to the cost bill of the solicitor-general of the Tallapoosa Circuit as provided by Act of the General Assembly of Georgia, and balance to the extinguishment of the approved insolvent lists of the officers bringing it into court and those of the justices and constables pro rata. Provided, that if the insolvent lists of any of such officers for services rendered in said city court shall at any time be paid in full such funds may be applied pro rata to payment of any balance due such officer upon approved insolvent lists of the same officers for services rendered in the superior court of Polk County. All such payments shall be made under order and approval of the judge of said city court. Provided, further, that in the event the county authorities shall employ county police at any time, then during the period of such employment the amount to be paid into the county treasury shall be increased from fifteen to twenty-five per cent., and the total of one-fourth of the money arising from the fine and forfeiture fund, after paying the costs in the particular case, shall be paid into the county treasury to be applied toward the payment of the salary or salaries of the county police. When all liens against such funds as herein specified have been fully satisfied the balance, if any, shall be paid into the county treasury for county purposes, free from all other claims or liens. Fine and forfeiture fund. Disbursement of. Balance. Sec. 3. Be it further enacted by the authority aforesaid, That Sections 38 and 39 of said Act as existing prior to this amendment shall after the insertion of the new section be renumbered and known as Section 39 and 40, respectively. Sections 39 and 40. Page 181 Sec. 4. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. REIDSVILLE CITY COURT; TERMS; JUDGE'S SALARY; REPORTER'S FEES. No. 175. An Act to amend an Act establishing the city court of Reidsville in and for the County of Tattnall, approved August 22, 1905, as amended by certain Acts amendatory thereof, approved August 10, 1906, August 16, 1915, and August 15, 1921, respectively, so as to provide for a change in the time of holding the regular terms of said court; provide for the appointment of a reporter or stenographer for said court and to provide for an increase in the salary of the judge 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 from and after the passage of this Act, the Act approved August 22d, 1905, establishing the city court of Reidsville, in and for Tattanall County, and the several Acts amendatory thereof be and the same are hereby amended as follows: Act of 1905, as amended. Sec. 2. That the regular terms of said city court shall be held quarterly, on the second Mondays in March, June, September and December of every year, instead of on the first Mondays in March, June, September and December, as heretofore. Terms of court, when held. Sec. 3. Be it further enacted, That the judge of said city court shall receive a salary of fifteen hundred dollars per year, payable monthly and in the same manner as the salary has been paid heretofore. Judge's salary. Page 182 Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a stenographer of the city court of Reidsville, appointed by the judge thereof, and all civil cases in said court may be reported at the request of the plaintiff or defendant, or in the discretion of the judge, and the fees for reporting such case shall be the same as allowed for similar service in the superior court. In criminal cases he shall be paid on the basis of $12.50 per diem for services rendered in such misdemeanor cases as are directed by the judge of said city court to be reported, such compensation to be paid by the county authorities on order of the judge of said court, the transcript of such evidence to be furnished, without cost, when deemed necessary by the judge of said city court. And said stenographer shall be a legal resident of said County of Tattnall. Stenographer. Compensation in criminal cases. Resident of county. Sec. 5. Be it further enacted by the authority aforesaid, That any part or parts of the Act approved August 22d, 1905, or any of the Acts amendatory thereof, which conflict with the provisions of this Act in any manner, be and the same are hereby repealed, so far as they conflict herewith. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved July 27, 1923. SAVANNAH CITY COURT; JUDGE'S SALARY; ASSIGNMENTS; BILLS OF EXCEPTIONS. No. 428. An Act to amend the several Acts creating and relating to the city court of Savannah, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority Page 183 of the same, That from and after the first day of January, 1924, the salary of the judge of the city court of Savannah shall be $7,500.00 per annum, payable from the treasury of Chatham County, Georgia. Judge's salary. Sec. 2. Be it further enacted, That the judge of the city court of Savannah shall at the January, May and September terms of court set or cause the clerk of the court to set for trial, all of the cases pending in said court ready for trial. The said printed assignments shall be printed and distributed to the members of the bar of said court. The costs of printing the assignments shall be paid from the treasury of Chatham County, Georgia. Cases to be set for trial. Printed assignment of cases. Sec. 3. Be it further enacted, That the clerk of said city court shall not be required to prepare or transmit to the Court of Appeals or the Supreme Court the record in any case, where a bill of exceptions is filed until the plaintiff in error shall have paid the costs of transcribing and certifying said record or has filed a pauper affidavit stating that because of his poverty he is unable to pay such costs. Plaintiff in error, pay costs, etc., before clerk transmit to Court of Appeals. Sec. 4. 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 20, 1923. SOPERTON CITY COURT; JUDGE AND SOLICITOR; ELECTION AND SALARIES. No. 87. An Act amending city court of Soperton, an Act to amend an Act approved August 18th, 1919, and as amended by the Act approved August 10th, 1920, entitled an Act to establish the city court of Soperton in and for the County of Treutlen; to define its jurisdiction and powers, and Page 184 etc., so as to change and fix the salaries of the judge and solicitor of said court; to fix their terms of office, and other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled An Act to establish the city court of Soperton in and for the County of Treutlen, define the jurisdiction and powers, etc., approved August 18, 1919, and as amended by the Act approved August 10th, 1920, be and the same is hereby amended as follows: By striking from said amended Act approved August 10th, 1920, all of Section 2 and by inserting in lieu thereof, to be known as Section 2, the following, to wit: Section 2. That from and after January 1st, 1925, the judge of the city court of Soperton shall receive a salary of $900.00 per annum, and from the passage and approval of this Act and until January 1st, 1925, he shall receive his present salary, to wit: $1,500.00 per annum, said salaries to be paid as in original Act provided. Act of 1919, as amended. Judge's salary. Sec. 2. Be it further enacted by the aforesaid authority, That by striking from said amended Act approved August 10th, 1920, all of Section 3 and inserting in lieu thereof, and to be known as Section 3, the following in wit: That from and after January 1st, 1925, the solicitor of the city court of Soperton shall receive a salary of $600.00 per annum, and from the passage and approval of this Act and until January 1st, 1925, he shall receive his present salary, to wit: $1,200.00 per annum, said salaries to be paid as in original Act provided. Solicitor's salary. Sec. 3. Be it further enacted by the authority aforesaid, That Section 3 of said original Act approved August 18th, 1919, be amended as follows, to wit: That after the words two years of the eleventh line of Section 3, the following be added: that such judge of the city court of Soperton shall not be eligible to hold said office for more than two full terms in succession, and that the present judge of the city court of Soperton, whose term will expire Page 185 January 1st, 1925, shall not be eligible for re-election until a full term of two years shall have elapsed, so that when Section 3 of the original Act approved August 18th, 1919, when so amended shall read as follows, to wit: Section 3. Be it further enacted, That there shall be a judge of said court who shall be elected by the voters of Treutlen County at an election to be held on the 10th of September, 1919, and shall hold under such election until January 1, 1921, and until his successor is elected, whose term of office shall begin on the first day of October, 1919; and at the regular election to be held in November, 1920, and biennially thereafter, a judge shall be elected, whose term of office shall begin January 1, 1921, and the term shall be two years from January 1, 1921, and thereafter the term of office of judge shall be two years, that such judge of the city court of Soperton shall not be eligible to hold office for more than two full terms in succession, and that the present judge of the city court of Soperton, whose term will expire January 1st, 1925, shall not be eligible for re-election until a full term of two years shall have elapsed. Re-election of judge; eligible for two successive terms only. Section 3 to read. Eligible for two successive terms only. All vacancies in the office of judge shall be (filled) by appointment by the Governor and shall be for the unexpired term. The judge of said court shall be a resident of Treutlen County, shall be a practicing attorney of five years' experience, and he shall receive a salary of $900.00, to be paid in monthly installments from the county treasury of Treutlen County on warrants drawn by the officer or officers having the management and control of the financial affairs of said Treutlen County. The judge of said court shall before entering upon the discharge of his duties as judge, take and subscribe the following oath, to wit: I do solemnly swear that I will administer justice without respect to persons and do equal justice to the rich and poor, and that I will faithfully and impartially, and to the best of my ability and understanding discharge all the duties devolving upon and required of me as judge, so help me God. Said oath shall be filed in the clerk's office of said court and entered upon the minutes of said court. Vacancies, how filled. Oath. Page 186 Said judge shall not be deprived of his right to practice law in the courts of this State except the city court of Soperton, except in such cases as may conflict with his duties as judge. Right of judge to practice. Sec. 4. Be it further enacted by the authority aforesaid, That Section 5 of the said original Act approved August 18th, 1919, be amended as follows, to wit: That after the word judge in the third line of Section 5, the following words be added: that such solicitor of the city court of Soperton shall not be eligible to hold said office for more than two terms in succession, and that the present solicitor of the city court of Soperton whose term will expire January 1st, 1925, shall not be eligible for re-election until a full term of two years shall have elapsed, so that when Section 5 of the original Act, approved August 18th, 1919, when so amended shall read as follows, to wit: Section 5. There shall be a solicitor of said court, who shall be elected as the judge is elected, and whose term of office shall be the same as the judge; that such solicitor of the city court of Soperton shall not be eligible to hold said office for more than two terms in succession, and that the present solicitor of the city court of Soperton, whose term will expire January 1st, 1925, shall not be eligible for re-election until a full term of two years shall have elapsed. He shall prosecute all cases coming before said court in which the State is a party, and he shall represent the State in all matters appealed from said court to the Appellate Courts of Georgia. Section 5 to read. Solicitor-general; election, term, eligibility for re-election. The solicitor shall receive a salary of $600.00 per year, which shall be paid monthly from the county treasury of Treutlen County on warrant drawn by the officer having charge of the financial affairs of Treutlen County. Solicitor's salary, how paid. The solicitor shall receive no additional compensation except that he shall have and receive the fees paid by the State for all cases in which he may represent the State in the Appellate Courts of Georgia. Fees in certain cases. Page 187 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 20, 1923. SPRINGFIELD CITY COURT; JURY TRIALS; PROCEDURE; WRITS OF ERROR. No. 278. An Act to amend the Act approved July 20th, 1908, entitled An Act to create the city court of Springfield, in and for the County of Effingham, in Georgia; to prescribe the powers and duties thereof; to provide for the officers thereof; to provide for the compensation of said officers, and for other purposes, and the several Acts amendatory thereto, so as to provide for juries therein, fix the terms of said court, to provide for pleadings and practice and new trials therein, and writs of error therefrom, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act creating the city court of Springfield in and for the County of Effingham, in Georgia, be and the same is hereby amended by striking from said Act Section 12 entirely and inserting in lieu thereof the following section: Sec. 12. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That in all matters pertaining to filing, service, pleading and practice, and all other legal procedure, the laws governing in the superior courts shall be applicable to said city court, unless otherwise provided in this Act; the regular jury terms of said city court of Springfield shall be held on the second Mondays in January, March, May, July, September and November, and in addition to the above sections there shall be Page 188 held terms for which no jury shall be drawn on the second Mondays in February, April, June, August, October and December. The judge of said court shall have power to hold said court in session each term so long as in his judgment the same may be necessary to dispose of cases then pending and ready for hearing or trial; the judge of said city court shall have power and authority to hear and determine all civil cases in which said court has jurisdiction, and to give judgment therein without the intervention of a jury; Provided, that upon the call of any case upon the issue docket either at a jury or non-jury term either party shall have the right orally or in writing, to demand a trial by jury. When this demand has been made at the non-jury term, the judge shall make an entry of the same upon his docket and the case shall stand continued until the next jury term. At the non-jury terms of said court the judge may hear and dispose of all demurrers and special pleas and render final judgment in all cases in which no defense shall have been filed at the call of the appearance docket at the appearance term or where such plea or defense has been stricken by the court; try and dispose of all cases, civil and criminal, ripe for trial, where a jury has not been demanded, and perform any and all judicial acts not inconsistent with the provisions of this Act. Act amended. New Section 12. Pleading and practice. Terms. Non-jury terms. Trial by jury, on demand. Demurrers and special pleas. Default judgments. Sec. 2. Be it further enacted by the authority aforesaid, That Section 24 of said Act be amended by striking from the 11th, 15th and 16th lines of said section as appears in the published Acts the words twelve and three dollars and fifty cents and insert in lieu thereof the words twenty-four and seven dollars; so that said section when so amended shall read as follows: Section 24. Be it enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Springfield to prepare and file in his office a complete copy of the jury lists of the superior court petit jurors. From said copy so made jurors in said city court shall be drawn in the following manner: The clerk of said city court of Springfield shall write upon separate tickets the names of each juror, and Page 189 shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn the names of twenty-four jurors in the manner as now required by law in the superior courts. All laws in reference to the drawing, selecting and summoning traverse jurors in the superior courts shall apply to the city court, except that the sheriff shall be paid seven dollars for summoning said jurors, all exemptions from jury duty now in force in the County of Effingham shall apply and be of effect in said city court. Section 24 to read. Jury lists. Drawing jurors, etc. Sec. 3. Be it further enacted by the authority aforesaid, That said Act be and the same is hereby further amended by striking from said Act, Section 26, and inserting in lieu thereof the following: Sec. 26. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to summons instanter, tales jurors to complete said panel of twenty-four, and he shall likewise have power instanter to summons twelve additional jurors, so as to increase said jurors to thirty-six if necessary to carry on the business of said court expeditiously. Twelve jurors shall constitute a panel in said court, and in all cases in which a demand for a trial by jury has been made as herein mentioned, the selection shall be made as follows: In both civil and criminal cases, the clerk shall furnish the plaintiff and defendant each with a list of twenty-four jurors, in civil cases the plaintiff and defendant shall have six strikes each, and in criminal cases the State shall have five and the defendant seven strikes, and the remaining twelve jurors shall compose the jury. By consent of parties cases may be tried by a jury of six in which event the clerk shall furnish the plaintiff and defendant each with a list of twelve jurors, each side to have three strikes in civil cases and in criminal cases the State to have two strikes and the defendant four, the remaining six jurors shall compose the jury. All jurors serving in said court shall receive the sum of two ($2.00) dollars per day while serving as such, to be paid under rules governing payment of superior court jurors. New Section 26. Power of judge to summon jurors, etc. What constitutes a panel. Jury list of 24 to be furnished, striking jury, challenges. Consent to jury of six, how jury struck, challenges. Page 190 Sec. 4. Be it further enacted by the authority aforesaid, That said Act be and the same is hereby further amended by inserting in the third line of Section 31 of the published Acts, between the words Supreme Court and the words of the State, the words and Court of Appeals; so that said Act when so amended said section shall read as follows: Sec. 31. Be it enacted by the authority aforesaid, That a writ of error shall be from said city court to the Supreme Court and Court of Appeals of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs and filing of bills of exceptions in the superior courts of this State. Section 31 to read. Writs of error. Sec. 5. Be it further enacted by the authority aforesaid, That said Act be and the same is hereby further amended by striking from said Act Section 35 and inserting in lieu thereof the following: Sec. 35. Be it further enacted by the authority aforesaid, That all cases shall be in every respect as to filing, returns, pleas, answers, demurrers, continuance and trial conformable to the laws now or hereafter to be applicable to suits in the superior courts of this State, the term to which said suits shall be returned shall be the appearance term, and the second the trial term. Section 35 to read. To conform to superior court practice. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1923. SUMMERVILLE CITY COURT; COMPENSATION OF CLERK AND SHERIFF. No. 100. An Act to amend an Act entitled An Act to establish a city court of Summerville, in and for Chattooga County, Page 191 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; to provide for pleading and practice and a manner of granting new trials in said court on writs of error thereform; to provide a jury and manner of drawing their compensation, and other officers, clerk, sheriff and solicitors; to fix and regulate costs in said court, fines and forfeitures, and for other purposes, approved August 15th, 1922, by striking from said Act the entire Section 33 of the same and substituting therefor an entirely new section under the same original number and designation, 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 33 of an Act approved August 15th, 1922, entitled 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 and a manner of granting new trials on writs of error therefrom; to provide a jury and manner of drawing; their compensation and other officers, clerk, sheriff and solicitor; to fix and regulate costs in said court, fine and forfeitures, and for other purposes, be and the same is hereby stricken from said Act in the entire verbiage of said section, and that in lieu of said stricken language and section, there is hereby substituted as follows: Act of 1922 amended. Section 33. Be it further enacted by the authority aforesaid, That the fees of both the clerk and the sheriff of said court, and the per diem and other compensation to be allowed them, each respectively, shall be the same as now allowed by law to the clerks and sheriffs of the superior courts of this State, for similar service or attendance except that in the monthly terms of said court said fees and compensation, of whatever kind, shall not be greater than Page 192 one-half of the fees and compensation allowed by law, for like service and attendance in the quarterly terms of said city court of Summerville. New Section 33. Fees of clerk and sheriff. Sec. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 20, 1923. THOMASVILLE CITY COURT; SALARY FOR SOLICITOR-GENERAL. No. 109. An Act to amend an Act entitled An Act to establish the city court of Thomasville in and for the County of Thomas of said State. To define its jurisdiction and powers, etc. Approved August 18, 1905, as amended by an Act approved August 9, 1909, so as to abolish the fees accruing to the office of solicitor-general in criminal cases in the city court of Thomasville in this State, as provided by the said Act approved August 18, 1905, and the said Act approved August 9, 1909, and in lieu thereof to provide a salary for said officer; to provide for the payment of such salary and for the disposition of the fines and fees which under the two said Acts would accrue to the office of solicitor-general, in said city court, and to impose certain duties upon the judge of said court with reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to said office of solicitor-general under the aforesaid Acts of this 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, as follows: The fee system heretofore existing in the city court of Thomasville of this State as applied to the office of solicitor-general in said court, and all fees now or hereafter accruing to said office of solicitor-general Page 193 in said court under the laws of this State are hereby abolished so far as the same constitutes the compensation of said solicitor-general except as hereinafter provided. The same schedule of fees and costs prescribed by the laws of this State shall, however, remain in force for the purpose of ascertaining the sum or sums to be taxed as costs and to be paid into the treasury of Thomas County as provided by this Act, and for other consistent purposes; and the solicitor-general of said court shall be paid a salary as in this Act; Provided, in lieu of all such fees as are paid into the treasury of said county under this Act, out of which salary he shall pay all expenses incurred by him in the performance of his official duty. Fee system abolished. Solicitor-general to pay expenses. Sec. 2. The statutory salary of the said solicitor-general of said city court of Thomasville shall consist of a minimum of two thousand ($2,000.00) dollars per annum which shall be paid monthly out of the treasury of Thomas County, by the person or persons charged by law with the paying out of the money of said county. Statutory minimum salary of solicitor-general. 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 city court of Thomasville, or which may become due and payable therein, Thomas County shall in all criminal cases be subrogated to the rights and claims of the solicitor-general of said court and shall stand in his place and stead and shall be entitled to all funds, money and emoluments accruing to him, and hereafter when orders on the insolvent fund or other judgment or finding are entered or approved in behalf of the officers of the court, instead of the same being entered or approved in the name of the solicitor-general under the law as it now stands, the same shall, as to all criminal cases in said city court of Thomsaville, be entered and approved in the name of Thomas County and shall be paid to Thomas County on account of the services of the solicitor-general in such cases. All funds paid to Thomas County. Page 194 Sec. 4. All costs, fines and forfeitures of said city court of Thomasville to which, but for the provisions of this Act, the solicitor-general of said city court would be entitled, shall be paid to, and received by the judge of said city court, who is hereby charged with the duty of keeping a record of all such sums so received or paid out by him, and distributing the same according to law. Costs, fines and foreitures. Duty of judge to keep record of. Sec. 5. Be it further enacted that the county commissioners of Thomas County, Georgia, be required to furnish said city court judge, at the expenses of said county, proper books for keeping the record mentioned in the foregoing Section 4. Commissioners to furnish books. Sec. 6. Be it further enacted by the authority aforesaid, That this Act, fixing the salary of the said solicitor-general of the city of the city court of Thomasville, shall be effective immediately upon its passage and approval. Effective immediately. Sec. 7. Nothing in this Act shall be construed to effect the fees now or hereafter allowed to the solicitor-general of this court for appearance in criminal cases in the Court of Appeals or the Supreme Court of this State, or at any civil case. Sec. 8. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1923. THOMSON CITY COURT; JURY TRIALS. No. 116. An Act to amend An Act to establish the city court of Thomson, in McDuffie County, to define its jurisdiction and powers; to provide for the election of the judge and solicitor thereof, and define their duties and powers, Page 195 and provide for their compensation; to provide for a clerk and sheriff thereof, and prescribe their duties and fees, to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved August 14th, 1920, by striking from Section 5 of said Act, as they appear in lines six and seven, the following words where amount involved is over one hundred dollars. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, the Act entitled An Act to establish the city court of Thomson in McDuffie County, to define its jurisdiction and powers, to provide for the election of the judge and solicitor thereof, and define their duties and powers, and provide for their compensation; to provide for a clerk and sheriff thereof, and prescribe their duties and fees; to provide for pleading and practice and new trials therein and writs of error therefrom, and for other purposes, which Act was approved August 14th, 1920, be and the same is hereby amended by striking from lines six and seven of Section 5 of said Act the following words, to wit: Where amount involved is over one hundred dollars, so that said Section 5, when so amended, shall read as follows: Act of 1920 amended. Section 5. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil and criminal cases of which the said court has jurisdiction and to give judgment and execution therein, provided always that either party in a civil case 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 a docket the first day of the term of said court to which the cause is returnable, or the defendant in a criminal case, unless he waives the same, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State. Judge's power and authority. Jury trial, demand when. Criminal case, waiver of jury. Page 196 Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. WAYCROSS CITY COURT; JUDGE'S SALARY. No. 438. An Act to amend An Act to establish the city court of Waycross in and for the County of Ware; to define its jurisdiction and powers, and for other purposes, so that from and after the passage of this Act and until otherwise provided, the salary of the judge of said court shall be twenty-four hundred dollars per annum, approved August 7th, 1920, by striking therefrom said sum of twenty-four hundred dollars wherever the same occurs therein, and inserting in lieu thereof three thousand dollars, so that the salary of said judge shall hereafter be fixed at said sum of three 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 the above recited Act be, and the same in hereby amended, by striking therefrom the sum of twenty-four hundred dollars wherever the same occurs therein, and inserting in lieu thereof three thousand dollars so that the salary of the judge of said city court of Waycross shall hereafter be fixed at the sum of three thousand dollars per annum. Act of 1920 amended. Judge's salary. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1923. Page 197 WAYCROSS CITY COURT; SOLICITOR'S SALARY. No. 436. An Act to amend An Act to establish the city court of Waycross, in and for the County of Ware; to define its jurisdiction and powers, and for other purposes, so that from and after the passage of this Act, and until otherwise provided, the salary of the solicitor of said court shall be twenty-two hundred and fifty dollars per annum. 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 approved August 19th, 1918, on pages 346 and 347, of the Acts of the Georgia Legislature of 1918, be, and the same is, hereby amended as follows: Act of 1918 amended. Sec. 2. The second section of said Act is hereby amended so as to make the salary of the solicitor of said city court of Waycross the sum of twenty-two hundred and fifty dollars per annum, instead of seventeen hundred dollars per annum as therein provided, so that when amended, said section shall read as follows: Solicitor's salary. Be it enacted by the authority aforesaid, That from and after the passage of this Act, and until otherwise provided, the salary of the solicitor of the city court of Waycross shall be twenty-two hundred and fifty dollars per annum, which shall be paid monthly out of the treasury and out of the general county funds. Sec. 3. Be it further enacted by the authority aforesaid, That so much of the Act creating the city court of Waycross, approved December 11th, 1897, and so much of the amendments thereof in the Act, approved July 30th, 1903, and so much of the Act approved August 23d, 1905, and so much of the Act approved August 22d, 1907, and so much of the Act approved August 19th, 1918, as are in conflict with the provisions of this Act, and all laws and parts Page 198 of laws in conflict with this Act be and the same are hereby repealed. Act of 1897, as amended, amended in part. Approved August 3, 1923. ZEBULON CITY COURT ABOLISHED. No. 238. An Act to repeal an Act entitled An Act to create and establish the city court of Zebulon, in and for Pike County, Georgia, to be held in the City of Zebulon in said county, to define its jurisdiction and powers, to regulate proceedings therein, and for other purposes, approved August 12th, 1909, and to abolish the city court of Zebulon, in Pike County, Georgia; to provide for the disposition of all books, papers, records, dockets, minutes, suits and cases pending therein, and all matters pertaining thereto, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of October, 1923, that the Act to establish the city court of Zebulon in Pike County, Georgia, approved August 12th, 1909, to define its jurisdiction and powers, to regulate proceedings therein, and for other purposes, be and the same is hereby repealed and that the said city court of Zebulon is hereby abolished. Act of 1923 amended. City court abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all the business, both civil and criminal, pending in said city court at the time that this Act goes into effect be transferred for trial and disposition to the superior court of said Pike County and that the clerk of said city court of Zebulon and all officers of said city court are hereby directed and required to turn over to the clerk of the superior court of Pike County, Georgia, all papers in all cases, both civil and criminal, pending in said court at the Page 199 time this Act takes effect to the clerk of the superior court of Pike County, and that all dockets, minutes, books and other records, original papers and all other documents and papers of said city court or pertaining thereto shall be by the clerk and sheriff of said city court deposited with the clerk of the superior court of said county and there be kept as a part of the records of the same. Transfer of all business, civil and criminal. To turn over dockets, etc., to. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That this Act shall take effect and become operative on October 1st, 1923. Effective Oct. 1, 1923. 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 26, 1923. Page 200 TITLE II. Solicitors-General; Salaries, Etc. ACTS. Cordele Judicial Circuit; Act of 1918 Repealed. CORDELE JUDICIAL CIRCUIT; ACT OF 1918 REPEALED. No. 272. An Act to repeal an Act approved August 8, 1918, entitled An Act to abolish the fee system now existing in the superior courts of the Cordele 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 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 costs, accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the superior courts of the counties composing said circuit, and upon the solicitor-general of said circuit, in reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of solicitor-general; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit, for the purpose of paying the salary of said solicitor-general, and for other purposes. Page 201 Section 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 that the above entitled Act be and the same is hereby repealed. Act of 1918 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That this Act shall become effective August 1st, 1923. Effective August 1, 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 4, 1923. Page 202 TITLE III. County Matters. ACTS. Atkinson County Depository; Act Amended. Bacon Commissioners; Act Amended. Baker Commissioners; Act Amended. Baker Commissioners; Act Amended. Banks Treasurer's Office Abolished. Berrien Commissioners; Act Amended. Brantley County; Removal of County Site. Calhoun County; Removal of County Site. Camden County; Removal of County Site. Candler Board of Commissioners Abolished. Candler Board of Commissioners Created. Catoosa Board of Commissioners Created. Chatham Board of Education; Election to Create. Chatham County; Precinct Voting. Colquitt Bond Commission Created. Dougherty Commissioners; Act of 1922 Repealed; Prior Law Re-enacted. Douglas Commissioners; Act of 1917 Repealed. Early Sheriff; Bond Increase; Act of 1881 Amended. Glynn Board of Education; Act Amended; Election to Ratify. Glynn Board of Education; Place of Meeting. Hancock Commissioners; Clerk of; Acts of 1885 and 1889 Repealed. Haralson Board of Commissioners; Election to Abolish. Hart Commissioners; Act Amended. Irwin Board of Commissioners; Election to Create. Jasper Board of Commissioners Abolished. Jasper Board of Commissioners Created. Jeff Davis Commissioner's Office; Election to Abolish. Johnson Treasurer's Office Abolished. Jones Board of Commissioners Created. Jones Commissioner's Office Abolished. Lanier Board of Commissioners Created; County Manager. Lanier Commissioners; Act Amended. Laurens Treasurer's Office Abolished. Long Treasurer's Office Abolished. Monroe Sheriff; Bond Reduced; Act of 1873 Amended. Muscogee Commissioners; Amendment; Election to Ratify. Newton Commissioner's Office Created; Board of Directors. Screven Commissioners; Act Amended. Seminole Commissioners; Act of 1920 Amended. Sumter Commissioners; Acts Amended. Telfair Board of Commissioners Created. Telfair Commissioner's Office Abolished. Twiggs Board of Commissioners Abolished. Twiggs Board of Commissioners Created. Ware Commissioners; Compensation; Reports and Statements. Warren Board of Commissioners Created. Warren Commissioner's Office Abolished. Warren Treasurer's Office; Act of 1915 Repealed. Warren Treasurer's Office Created. Wayne Board of Commissioners Created. Wayne Commissioners to Pay Certain Fees. White Board of Commissioners; Election to Abolish. Wilcox Treasurer's Office Abolished. Worth Treasurer's Office Abolished. Page 203 ATKINSON COUNTY DEPOSITORY; ACT AMENDED. No. 539. An Act to amend an Act creating a county depository in and for Atkinson County and to provide for receiving and disbursing of county funds and for the keeping of records as heretofore kept by the county treasurer of this State and defining the duties of county commissioners relative thereto, and for other purposes, approved August 16, 1920. Said Act to be amended by striking from said Act the words Pearson Banking Company of Pearson, Georgia, wherever they occur in said Act and inserting in lieu thereof the words, Merchants and Farmers Bank of Willacoochee, Georgia, and to provide all the provisions of said Act approved August 16, 1920, apply to the Merchants and Farmers Bank of Willacoochee, Georgia, and to provide that the Merchants and Farmers Bank of Willacoochee, Georgia, be the county depository in and for Atkinson County for the purpose of receiving and disbursing of all county funds as heretofore received and disbursed by its treasurer, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act that a certain bank in Atkinson County known as the Merchants and Farmers Bank of Willacoochee, Georgia, be and the same is hereby created the county depository in and for Atkinson County for the purpose of receiving and disbursing of all county funds as heretofore received and disbursed by its treasurer. County depository. Sec. 2. Be it further enacted by the authority aforesaid, That the Act of creating a county depository in and for Atkinson County, and to provide for the receiving and disbursing of county funds and for the keeping of records heretofore kept by the county treasurer of this State, Page 204 and defining the duties of the county commissioners relative thereto, and for other purposes, approved August 16, 1920, be amended by striking from all the sections of said Act from Section 1 to Section 10, inclusive, the words Pearson Banking Company of Pearson, Georgia, and inserting in lieu thereof the words Merchants and Farmers Bank of Willacoochee, Georgia. Act of 1920 amended. Amending clause. Sec. 3. Be it further enacted by the authority aforesaid, That all the provisions of the Act creating a county depository in and for Atkinson County and to provide for receiving and disbursing county funds and for the keeping of records as heretofore kept by the county treasurer of this State, and defining the duties of county commissioners relative thereto, and for other purposes, approved August 16, 1920, shall remain of full force and effect, applicable to the Merchants and Farmers Bank of Willacoochee, Georgia, and that all the rights, privileges and powers of the Pearson Banking Company of Pearson, Georgia, as a county depository are hereby repealed. Part of Act of 1920 to remain in force. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. BACON COMMISSIONERS; ACT AMENDED. No. 544. An Act to amend an Act of the General Assembly of the State of Georgia, approved August 19th, 1919, creating a Board of Commissioners of Roads and Revenues for the County of Bacon, and providing for the appointment and election of members thereof, to define their duties and powers, and prescribe their qualifications, and for other purposes. Page 205 Section 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 12 of the Act creating a Board of Commissioners of Roads and Revenues for the County of Bacon, approved August 19th, 1919, be amended by adding immediately following the word allow in the fourth line of said section the following words: said compensation not to be less than twenty-five, nor more than fifty dollars per month, so that said Section 12 when so amended shall read as follows: Act of 1919 amended. Section 12 to read. Section 12. Be it further enacted by the authority aforesadi, That said board of commissioners of roads and revenues shall at their first meeting elect a clerk, with such compensation as the board may allow, said compensation not to be less than twenty-five, nor more than fifty dollars per month; said clerk before entering upon the duties of his office shall give a good and solvent bond in the sum of $1,000, payable to the ordinary of said county, said bond shall be conditioned for the faithful performance of the duties of said clerk to the Board of Commissioners in and for the County of Bacon, said board of commissioners shall have power to remove said clerk at pleasure by a majority vote of said board. Clerk of commissioners. Compensation. Bond. It shall be the duty of said clerk to attend all meetings and keep a full record of all its proceedings, and to keep on file and preserve all papers relating to its business, to keep in a special book a statement of all taxes levied and for what purposes, minutely specified and designated, also an inventory of all county property, including all road machinery, live stock, stock, chain gang outfit, and road working tools, to keep in his record separate from other financial affairs of the county, an accurate and itemized account of all expenditures applied to the working of convicts, and for all supplies, and pay to the superintendent, overseers and guards necessary for the operation of the chain gang of said county. He shall also keep a separate book in Page 206 which shall be kept an account of the commutation tax collected by the commissioners of said county. He shall also keep an itemized statement of all accounts paid by the board of commissioners and shall show what fund is liable for the payment of such account. He shall also keep a book to be known as his record of county vouchers, in which shall be kept a complete record of warrants or vouchers drawn on the funds of said county, which record shall show by proper entry the fund from which same is payable, the person to whom payable, the date of record and the amount of said voucher or warrant. It shall be his duty to sign all warrants and vouchers as clerk, but he shall, in no instance, issue any warrant or voucher until same shall be countersigned by the chairman of said board of commissioners. All records provided for in this section shall be kept in the commissioners' office in the courthouse of said county, and shall be subject to inspection by any taxpayer of Bacon County. The clerk of the superior court of Bacon County, or the clerk of the city court of Alma, if there shall be such court and clerk, may be selected by said board of commissioners to act as clerk of the board of commissioners of roads and revenues. Duties of clerk. Warrants and vouchers. Records, where kept; open to inspection. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, that Section 14 of the Act creating a Board of Commissioners of Roads and REvenues for Bacon County, approved August 19th, 1919, be amended by adding immediately following the word settlement, in the fourteenth line of said section, the following words: in auditing, allowing and settling by county voucher or warrant to be issued by said board, the bill for services rendered by the clerk of the superior or city courts of said county, for his per diem for attendance upon such courts, and for the issuance of jury scripts to jurors serving therein, and for any other legal charge against said county; the bill for services of the sheriff of said county, or of said city court therein, for his per diem for services rendered therein, and for summoning jurors for such terms of said courts, and any other legal Page 207 charge against said county, including food and lodging for jurors where kept together in criminal cases; the bills for services rendered by each bailiff, at any term of such courts, the same to be approved by the said sheriff, before presentation to said board for payment; the bill or bills of the official stenographer of said courts, the same to be approved by the presiding judge thereof, before presentation to said board for payment, with the requirement that all bills of whatever kind or nature shall be fully itemized before any warrant or voucher shall be issued therefor, and that the clerk of said courts, superior or city court, shall, at the close of every term thereof, present to the clerk of said board of commissioners his jury script book, having therein the stubs showing the names, dates and amounts issued to each juror who served at such term of said courts or either of said courts, in order that the clerk of said board may enter the same upon his voucher or warrant record, so that said record will show all the expenditures of said county (except the compensation of non-resident witnesses in criminal cases, which is provided for by law, by affidavit of such witnesses on the back of his or her subpoena, after which it becomes a warrant on the county treasury) and further that said board when in doubt as to the legality of any account presented for payment, shall at once submit the same to the county attorney for his opinion, before payment of same, so that said section when so amended will read as follows: Section 14 of Act 1919, amended. Amending language. Bailiff's bills to be approved by sheriff. Stenographer's bill to be approved by judge. Warrant, what it must show. Section 14 to read. Section 14. Be it further enacted by the authority aforesaid, That the said commissioners shall have exclusive jurisdiction and control over the following matters, to wit: In controlling and directing of property of said county as they may deem expedient according to law, in levying and collecting taxes according to law; in establishing or abolishing roads and bridges according to law; in establishing of, or abolishing or changing election precincts for militia districts, in supervising the tax collector's and tax receiver's books; in allowing the insolvent list of said county; in settling claims and accounts of officers having the care Page 208 and management or disbursement of funds belonging to or appropriated for the use and benefit of said county and bring them to settlement in auditing, allowing and settling by county voucher or warrant to be issued by said board, the bill for services rendered by the clerk of the superior or city courts of said county, for his per diem for attendance upon such courts, and for the issuance of jury scripts to jurors serving therein, and for any other legal charges against said county; the bill for services of the sheriff of said county, or of said city court therein, for his per diem for services rendered therein, and for summoning jurors for such terms of said courts, and any other legal charge against said county, including food and lodging for jurors where kept together in criminal cases; the bills for services rendered by each bailiff, at any term of such courts; the same to be approved by the said sheriff, before presentation to said board for payment, the bill or bills of the official stenographer of said courts, the same to be approved by the presiding judge, before presentation to said board for payment, with the requirement that all bills of whatever kind or nature shall be fully itemized before any warrant or voucher shall be issued therefor, and that the clerk of said courts, superior or city court, shall, at the close of every term thereof present to the clerk of said board of commissioners, his jury script book, having therein the stubs showing the names, dates and amounts issued to each juror who served at such term of said courts, or either of said courts, in order that the clerk of said board may enter the same upon his voucher or warrant record, that said record will show all the expenditures of said county (except the compensation of non-resident witnesses in criminal cases, which is provided for by law by affidavit of such witnesses on the back of his or her subpoena, after which it becomes a warrant on the county treasury), and further that said board when in doubt as to the legality of any account presented for payment, shall at once submit the same to the county attorney for his opinion, before payment of same; in providing for the paupers of the county, Page 209 and for the promotion of health as granted by law and not inconsistent with law; in examining the tax digest of said county for the correction of errors; in regulating and fixing license fees as provided by law; in establishing and maintaining a county chain gang and working said gang on public roads of said county as provided by law; in electing or appointing all minor officers or employees of said county whose election is not otherwise provided for, such as superintendent or warden, guards of convicts and chain gang, janitor of courthouse and jail. In making such rules and regulations as they deem best for the interest of the county, governing all minor officers and employees appointed by them, and in fixing reasonable compensation for them as said board of commissioners may deem best for the interest of the county, and providing for the collection of the commutation road tax, fixing the amount to be paid in number of days' work on the roads of said county in lieu thereof, according to law; in trying all road defaulters in accordance with 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 their jurisdiction over county matters and county finances. Powers of commissioners. Management of county funds. Bills to be itemized. County attorney. Chain gang. Rules and regulations. Other powers. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. BAKER COMMISSIONERS; ACT AMENDED. No. 139. An Act to amend an Act approved August 18th, 1917, and entitled An Act to create a Board of Commissioners of Roads and Revenues for Baker County; to define their powers and duties and prescribe their qualifications; to Page 210 provide for their selection, the term for which they shall be selected, and for other purposes pertaining to county matters, so as to grant to said Board of Commissioners of Roads and Revenues of Baker County additional power and authority as to the working of the chain gang and convicts 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 the 11th sub-division of Section 10 of said Act be amended by adding thereto the following: And to work said chain gangs on the roads and bridges in said county, and on the public buildings of said county and in improving or cleaning the same; on the schoolhouses and schoolgrounds and in clearing schoolgrounds, and in clearing rights of way and building road-beds for railroads, and other acts in the discretion of said board of commissioners of roads and revenues, so that when amended said 11th sub-division of Section 10 of said Act will read: Act of 1917 amended. Subdivision 11, Section 10, to read. 11th. To have control over the chain gangs of said county, and to work said chain gangs on the roads and bridges in said county, and on the public buildings of said county and in improving or cleaning the same; on the schoolhouses and schoolgrounds and in clearing schoolgrounds, and in clearing rights of way and building roadbeds for railroads, and other acts in the discretion of said board of commissioners of roads and revenues. Control over chain gangs. Work of chain gang. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 18, 1923. BAKER COMMISSIONERS; ACT AMENDED. No. 565. An Act to amend an Act approved August 18th, 1917, and entitled An Act to create a Board of Commissioners of Page 211 Roads and Revenues for Baker County; to define their powers and duties and prescribe their qualifications; to provide for their selection, the term for which they shall be selected, and for other purposes pertaining to county matters, so as to grant to said Board of Commissioners of Roads and Revenues of Baker County additional power and authority as to the working of the chain gang and convicts 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 the 11th sub-division of Section 10 of said Act be amended by adding thereto the following: and to work said chain gangs on the roads and bridges in said county and on the public buildings of said county, and in improving or cleaning the same; on the schoolhouses and schoolgrounds and in clearing schoolgrounds, and in clearing rights of way and building road-beds for railroads, and other acts in the discretion of said board of commissioners of roads and revenues, so that when amended said 11th subdivision of Section 10 of said Act will read: Act of 1917 amended. Subdivision 11, Section 10, to read. 11th. To have control over the chain gangs of said county, and to work said chain gangs on the roads and bridges in said county, and on the public buildings of said county and in improving or cleaning the same; on the schoolhouses and schoolgrounds and in clearing schoolgrounds, and in clearing rights of way and building roadbeds for railroads, and other acts in the discretion of said board of commissioners of roads and revenues. To have control over chain gangs. Work chain gang to do. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. Page 212 BANKS TREASURER'S OFFICE ABOLISHED. No. 147. An Act to abolish the office of County Treasurer of Banks County, Georgia; and to provide for the general management, keeping and disbursement of the funds of said county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on and after the first day of January, 1925, the office of County Treasurer of the County of Banks be and the same is hereby abolished. Office of county treasurer abolished. Sec. 2. Be it further enacted by the authority aforesaid, That on the first day of January, 1925, said county treasurer shall turn over all the money, books, accounts and all other property of the county then in his possession, to such person or persons, natural or artificial, as the board of county commissioners of said county may direct. Treasurer to deliver money, etc., under direction. Sec. 3. Be it further enacted by the authority aforesaid, That said commissioners, prior to the said first day of January, 1925, and biennially thereafter shall give thirty days' notice by publication in the official organ of said county inviting proposals from any chartered bank in said county for the keeping and disbursement of the county funds of said county for the next succeeding two years, and shall award the same to the bank or banks offering the largest amount of interest on all monthly balances and who shall furnish bond in some solvent security company, authorized by law to do business in this State, or personal security to be approved by said commissioners in the sum heretofore given by the county treasurer of said county, and in the same manner and payable as prescribed by law, or in a sum equal to double the amount of money or other property to be handled by said depository, should the taxable assets be materially changed by either an increase or a decrease, said bond to be conditioned in all respects as the bond heretofore given by the county treasurer. 30 days' notice. Proposals from banks, for keeping county funds, invited. Bond to be furnished. in the amount of. Page 213 Sec. 4. Be it further enacted by the authority aforesaid, That said bank shall be designated as the county depository, and shall perform such duties in the matter of keeping and disbursing the funds of the county as heretofore discharged by the office of the county treasurer, keeping like records, disbursing funds in the order of priorities, making reports to the grand jury and board of county commissioners, and in all other respects as now prescribed by law for the conduct of county treasurer, but all such records shall be kept by said bank so designated as county depository without any compensation from the county. County depository. Duties. Records. Sec. 5. Be it further enacted by the authority aforesaid, That the office of said bank or banks that may be designated and named as county depository shall be liable criminal for any misconduct and together with their bondsman may be proceeded against in case of non-feasance or mal-feasance. Criminally liable for misconduct. Sec. 6. Be it further enacted by the authority aforesaid, That any bank or banks desiring to become and be designated as a county depository shall make application to the said board of commissioners at the time designated in the advertisement heretofore provided for, and said commissioners shall select the bank or banks offering the most advantageous and liberal rate of interest on monthly balances, however, in the consideration of designating, the said board of commissioners shall have the right to take into consideration the convenience or inconvenience of the location of said depository. Banks to make application to become county depository. Sec. 7. Be it further enacted by the authority aforesaid, That in the event no bank shall make application as county depository as provided in this Act, then said commissioners may in their discretion name and designate a bank outside the limits of said county, and within the State of Georgia, or may in their discretion, appoint some citizen of said county to discharge such duties subject to all of the requirements in this Act relating to banks if appointed, except if a citizen should be appointed he may Page 214 be paid a salary not to exceed three hundred dollars per annum, to be paid quarterly. Commissioners may name. Citizen appointed. Sec. 8. Be it further enacted by the authority aforesaid, That the said board of commissioners shall have the right and authority to cite the said depository or individual appointed to appear and show cause at any time why the trust should not be revoked for any mismanagement, malfeasance, non-feasance or any violation of the duties imposed upon it or them by this Act or any of the laws of this State governing county treasurers, and the said board is hereby authorized to revoke the said trust for good and sufficient cause, and thereupon designate and appoint another person, natural or artificial, as provided by Section 3 of this Act. Commissioners may revoke trust. 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 18, 1923. BERRIEN COMMISSIONERS; ACT AMENDED. No. 469. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Berrien, approved September 20, 1887, and an Act approved December 17th, 1902, amending the aforesaid Act; to provide for the dividing of Berrien County into three road commission districts, to provide for the election of only one commissioner from each of said road districts, to provide for the election of said commissioners by the qualified voters of the road commissioner district in which the candidate resides, to provide that no voter in said county shall vote for any candidate for the office of commissioner of roads and revenues that does not reside in the road commissioner district of the voter, to Page 215 provide for the consideration of returns of elections for commissioners, and for the purpose of naming and designating the Georgia militia districts that shall be included in the respective road commissioner districts, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the County of Berrien shall be divided into three road commissioner districts, designated as No. 1, No. 2, No. 3. District No. 1 shall be composed of the Alapaha district, which is No. 518, Georgia militia district; Enigma district, which is No. 1146, Georgia militia district, and the Upper Tenth district, which is No. 1148, Georgia militia district. Road commissioner district No. 2 shall be composed of the Nashville district, No. 1157, Georgia militia district; the New River district, which is No. 1427, Georgia militia district. Road commissioner district No. 3 shall be composed of the Lois district, which is No. 1329, Georgia militia district; Ray City district, which is No. 1144, Georgia militia district, and the Lower Tenth district, which is No. 1767, Georgia militia district. Three road commissioners districts. Sec. 2. Be it further enacted, That only one commissioner of road and revenues shall be elected from each of said road commissioner districts, and shall be elected by the qualified voters in the road commissioner district of which the candidate is a resident. One commissioner from each district. Sec. 3. Be it further enacted, That no voter in said county shall be qualified to vote, nor permitted to vote for any candidate for the office of commissioner of roads and revenues that does not reside in the road commissioner district in which the voter resides. Qualifications of voter. Sec. 4. Be it further enacted, That in the consolidation of the votes cast in the election for commissioner of roads and revenues there shall be a consolidation for each of the three commissioner road districts and the person receiving Page 216 the greatest number of votes in the district in which he resides shall be declared elected as a commissioner from his district; Provided, however, the number of votes received by any one candidate must be a majority of all the votes polled in the district of the candidate's residence, and in the event that the person receiving the highest number of votes should not receive a majority of all the votes polled in his district, then the two receiving the highest number of votes shall run the race over. Said run-over race to be held ten days after the election aforesaid, unless the tenth day after said election aforesaid should fall on Sunday, and in that event the election shall be held on the ninth day, which is Saturday. Consolidation of votes. Proviso. Run-over election. Sec. 5. Be it further enacted, That this law shall be applicable to both primary elections and general elections in Berrien County, in electing commissioners of roads and revenues. Law applicable to all elections. Sec. 6. Be it further enacted, That in the event any portion of this Act should be declared unlawful, it shall not invalidate the other portions of this Act. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. BRANTLEY COUNTY; REMOVAL OF COUNTY SITE. No. 189. An Act to remove the county site of Brantley County from Hoboken to Nahunta in said county; to declare Nahunta the county site of said county, and for other purposes. Whereas, An election has been duly and legally held on June 21st, 1923, in Brantley County for the removal of the county site of said county, and at said election by a majority Page 217 of more than two-thirds of the qualified voters of said county voting at said election, it was voted that the county site of said county should be removed from Hoboken to Nahunta in said county; and, Election for removal of county site. Whereas, Said election showed that there were 1,904 votes cast in said election, of which 1,446 were cast for the removal of said county site from Hoboken to Nahunta in said county, and 458 against removal, thus showing that more than two-thirds of the votes cast at said election were in favor of the removal of said county site from Hoboken to Nahunta in said county; Majority votes cast for removal. Be it therefore enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the county site of Brantley County be and the same is hereby removed and changed from Hoboken to Nahunta in said county. County site changed. Sec. 2. That from and after the passage of this Act the Town of Nahunta in Brantley County be and the same is hereby declared to be the county site of said county. Town of Nahunta declared county site. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1923. CALHOUN COUNTY; REMOVAL OF COUNTY SITE. No. 7. An Act to remove the county site of Calhoun County from Morgan to Arlington in said county; to declare Arlington the county site of said county, and for other purposes. Whereas, An election has been duly and legally held in Calhoun County for the removal of the county site of said county and at said election by a majority of more than two-thirds of the qualified voters of said county voting at said Page 218 election it was voted that the county site of said county should be removed from Morgan to Arlington in said county; and, Election for removal of county site. Whereas, Said election was not contested nor its legality attacked in the courts, and the Secretary of State has duly certified the result thereof, pursuant to law, showing that there were 1,431 votes cast in said election, of which 975 were cast for the removal of said county site from Morgan to Arlington in said county, and only 456 votes cast against removal. Majority votes cast for removal. Be it therefore enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the county site of Calhoun County be and the same is hereby removed and changed from Morgan to Arlington in said county. County site changed. Sec. 2. That from and after the passage of this Act, the Town of Arlington in Calhoun County be and the same is hereby declared to be the county site of said county. Town of Arlington declared county site. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1923. CAMDEN COUNTY; REMOVAL OF COUNTY SITE. No. 255. An Act to remove the county site of Camden County from St. Marys to Woodbine in said county; to declare Woodbine the county site of this county; and for other purposes. Whereas, An election has been duly and legally held in Camden County for the removal of the county site of said county, and at said election by a majority of more than two-thirds of the qualified voters of said county voting at Page 219 said election it was voted that the county site of said county should be removed from St. Marys to Woodbine in said county; Election for removal of county site. Majority votes cast for removal. Be it therefore enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same; Section 1. That the county site of Camden County be and the same is hereby removed and changed from St. Marys in said county, to Woodbine in said county. County site changed. Sec. 2. That from and after the passage of this Act the Town of Woodbine in Camden County be and the same is hereby declared to be the county site of said county. Town of Woodbine declared county site. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1923. CANDLER BOARD OF COMMISSIONERS ABOLISHED. No. 149. An Act to repeal an Act approved August 12, 1915, and amendments thereto creating the Board of Commissioners of Roads and Revenues for Candler County as appears in the Acts of the General Assembly of Georgia in the year 1915, appearing on pages 168 to 173 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 same, That the Act as appears in the Acts of the General Assembly of the year 1915, on pages 168 to 173 inclusive, creating the Board of Commissioners of Roads and Revenues for the County of Candler and all amendments thereto be and the same are hereby repealed. Act of 1915 repealed. Page 220 Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. CANDLER BOARD OF COMMISSIONERS CREATED. No. 150. An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Candler, consisting of six members; to define their qualifications, powers and duties and to provide for their compensation; to prescribe their term of office, the manner of their election and the manner in which vacancies shall be filled; to provide for the division of Candler County into six road districts and that one member shall be elected from each district by the qualified voters of said district; to prescribe the manner in which all public roads and bridges shall be built; to provide for a superintendent of roads and bridges of said county; to define his qualifications, powers and duties and provide for his compensation; to provide for 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, to 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 State of Georgia, and it is hereby enacted by authority of same, That a Board of Commissioners of Roads and Revenues in and for the County of Candler be and the same is hereby created, consisting of six members who shall be freeholders and qualified voters of said county and men of good practical business experience, each of whom shall Page 221 reside in the road district from which he shall be elected as hereinafter provided. Board of commissioners created. Sec. 2. Be it further enacted, That the County of Candler shall be divided into six road districtseach militia district comprising and constituting one road district as follows: Six road districts. 1685 District shall constitute Road District No. 1. 1733 District shall constitute Road District No. 2. 1734 District shall constitute Road District No. 3. 1735 District shall constitute Road District No. 4. 1736 District shall constitute Road District No. 5. 1737 District shall constitute Road District No. 6. Each of the aforesaid districts shall elect one member of the commissioners of roads and revenues in said county, and the commissioner shall be a resident of the road district from which he is elected, and shall be elected by the qualified voters in the district in which he resides and no candidate for the office of commissioner of roads and revenues shall be voted for in any other district than in the district in which he resides, and no voter shall be qualified to vote for, not permitted to vote for, any candidate for commissioner of roads and revenues except the candidate that resides in the road district of the voter. Qualifications of members. Voting. Sec. 3. Be it further enacted, That any Commissioner of Roads and Revenues of the County of Candler who shall move beyond the limits of the road district in which he resided at the time of his election, his office shall become vacant and shall be filled as hereinafter provided. Vacancy in office caused by removal. Sec. 4. Be it further enacted that the successors of the members of the board of commissioners of roads and revenues named in this Act shall be elected at the general election for State house officers November, 1924, and the following-named persons are hereby named as the Commissioners of Roads and Revenues for the County of Page 222 Candler and shall hold office until and including the 31st day of December, 1924, and until their successors are elected and qualified, unless a vacancy should occur as provided in this Act, to wit: Election of members. Road District No. 1, M. S. Dekle, Road District No. 2, E. Lanier, Road District No. 3, Lonnie Coleman, Road District No. 4, Geo. O. Franklin, Road District No. 5, Claud Williams, Road District No. 6, H. L. Hodges. That the term of office of the six commissioners elected in November, 1924, shall not be of even length, but they shall draw for their terms of office as follows: Three for a term of two years and three for a term of four years, all to begin on the first day of January, 1925, and they shall be commissioned for the term thus drawn by them, respectively. Term of office. That at the general election held biennially next preceding the expiration of the office of the commissioner residing in any road district, a successor shall be elected by the qualified voters of said 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. 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 Candler at noon on the day following the election at the courthouse of said county. Said ordinary shall thereupon consolidate the returns of said election for each militia district which constitute a road district 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 Page 223 said Board of Commissioners of Roads and Revenues in and for the County of Candler for each of said road districts, respectively, and shall certify the result of said election to the Governor of the State, giving the name of the successful candidate and stating the term for which each of said commissioners has been elected. Election returns, how made. Sec. 6. Be it further enacted, That the board of commissioners named in this Act shall meet immediately after approval of same for the purpose of organizing by electing one member as chairman and also a vice-chairman, clerk and superintendent of roads and bridges who shall also be convict-warden. It shall be the duty of the chairman to preside at all the meetings and sign the minutes of all proceedings as chairman to all orders, warrants, summons, subp[UNK]nas, or other processes issued by said board or by authority of said board. The chairman of the commissioners of the Board of Roads and Revenues for Candler County shall not be permitted to vote on any question before the commissioners of roads and revenues except in the case of a tie-vote; in that event he shall be permitted to vote in order to make a majority vote for or against the question under consideration. Organization of board. Duty of chairman. Chairman votes in case of tie only. It shall be the duty of the vice-chairman to preside over the meetings of said board in the absence of the chairman and perform all such duties as herein provided for said chairman of the Board of Commissioners of Roads and Revenues for the County of Candler. Duty of vice-chairman. It shall be the duty of the chairman to have the clerk furnish each member of said board a copy of this Act and they shall familiarize themselves with same. Sec. 7. Be it further enacted, That said commissioners shall be each commissioned by the Governor for the term of office for which he is elected and shall take and subscribe to the following oath before entering upon the duties of said office, to wit: I do solemnly swear that I will well and truly discharge the duties of commissioner of Roads Page 224 and Revenues of Candler 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 interest of the entire county, so help me God. Oath. Sec. 8. Be it further enacted by the authority aforesaid, That should a vacancy occur in said board of commissioners by death, resignation, removal or otherwise, the chairman or vice-chairman of said board shall notify ordinary of said county of such a vacancy in writing and said ordinary is hereby authorized and empowered, and it shall be his duty to call an election in the unrepresented road district to fill the vacancy in the same manner as is provided for to fill vacancies in the office of justice of the peace, the ordinary shall report the returns of such election to the Governor, who shall issue a commission to the successful candidate for the unexpired term, expenses of said election to be paid out of the general funds of the county. Vacancies, how filled. Ordinary to call election. Sec. 9. Be it further enacted, That the Board of Commissioners of Roads and Revenues of Candler County hereby created shall have exclusive jurisdiction over and control of all county matters, such as public roads, bridges, county finances, the levying and collection of taxes for county purposes, the management, control over and disbursing of county funds, the erection and maintenance of public buildings, the supervision over and control of and exclusive jurisdiction over and in all matters wherein jurisdiction is now vested in old board except as hereinafter provided. 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 when sitting for county as aforesaid, and shall have the right and power to summon parties or witnesses before them and shall have the power Page 225 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 boards, and shall serve all writs, subp[UNK]nas, 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 over county matters. Rights, powers, etc. Sheriff to attend board meetings. Sec. 10. Be it further enacted, That said board of commissioners shall hold their regular sessions on the second Monday of each month in the courthouse of said county, and a majority of the membership shall constitute a quorum 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 four members of the board when in the judgment of the board the interests of the county demand; 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 and vice-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 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. Time of meeting. Quorum. Extra sessions. Organization. Minute book, ledger, etc. Warrants and vouchers. Page 226 Sec. 11. Be it further enacted, That except in cases of emergency, where the expenditure does not exceed the sum of twenty-five dollars, no purchase of supplies or material nor contract 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 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. Contracts for work, supplies, etc., to be by bid. Sec. 12. Be it further enacted, That no members of said board of commissioners, or anyone employed or elected by them, shall receive directly or indirectly, any commission, gift or any other things of value in connection with the sale or purchase of any article sold to or bought from the County of Candler, or receive any rebate, expense account, transportation or other valuable consideration in connection with such purchase or sale, or in the awarding of any contract for said county, or in the employment of any one whose salary is to be paid from the funds of said county, and no member of said board or any one elected or employed by them, or any firm of which he may be a member or any corporation in which he may own stock or by which he 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 Page 227 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. Members to receive no commissions, gifts, etc. Lowest bidder. Sec. 13. 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 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 bonds 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 of board, duties, salary, etc. Bond may be required. Sec. 14. Be it further enacted, That said board of commissioners shall at their first meeting, or as soon thereafter as practicable, elect a superintendent of roads and bridges for said County of Candler (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 and who shall also keep complete record of all gas and oil used by 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 Page 228 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 supplies and materials 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 furnish said board with itemized statement of all foods so purchased during the month at the next regular meeting for approval. 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. Superintendent of roads and bridges. Subject to removal. Qualifications. Convicts. Road machinery. Duties of office. Proviso. Itemized statement. Salary. Bond. Sec. 15. 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 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. Public roads. Sec. 16. 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 Page 229 depository of said county and that each member shall provide said depository with his official signature, 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 $2,000.00 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. Warrants to be numbered, etc. Bond of commissioners. Sec. 17. Be it further enacted, That the board of commissioners shall have the right and authority to employ a county attorney only when necessary, his compensation to be fixed by the board and paid from county treasury. County attorney. Sec. 18. Be it further enacted, That members of said board of commissioners of roads and revenues shall each receive as their compensation, a salary of $3.00 per day for attending meetings of the board, but not to exceed $100.00 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 commissioners, how paid. Sec. 19. 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, 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. Quarterly financial reports. Page 230 Sec. 20. 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. Written statement to grand jury. Grand jury may examine office. Sec. 21. 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. Sec. 22. 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 Candler County for two years immediately preceding his election. No member of said board of commissioners shall be eligible to hold any other county office while a member of such board. Eligibility of members. Sec. 23. 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. Penalty for failure to comply with Act. Vacancies may be declared. Page 231 Sec. 24. Be it enacted by the authority aforesaid, That the members of said board of commissioners shall be exempt from road and jury duty during their term of office. Exemption from road and jury duty. Sec. 25. Be it further enacted, That said Act shall take effect at the time of approval of same. Effective on approval. Sec. 26. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. CATOOSA BOARD OF COMMISSIONERS CREATED. No. 110. An Act to amend an Act to abolish the Board of Roads and Revenues of the County of Catoosa; to provide for the election of said board members; to prescribe their duties and powers; to fill vacancies; to create four road districts, one member of said board to be elected from each road district; to permit said board to elect a superintendent of roads; to provide for the selection of a clerk; to provide for the compensation, and for other purposes, approved August 16th, 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 1 of the above named Act (Acts of 1920, page 464, approved August 16, 1920), be amended by striking the words, of their respective districts in line nine of said section and inserting in lieu thereof the words the qualified voters of the entire county, and by striking the word four in lines ten and twelve of said section and inserting in lieu thereof the word two, so that said section when amended will read as follows: Act of 1920 amended. Section 1 to read. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority Page 232 of the same, That from and after the passage of this Act there shall be created for the County of Catoosa a board of commissioners of roads and revenues to consist of five members, one of whom shall be the ordinary and one from each of the four road districts as hereinafter provided for, who shall be elected by the qualified voters of the entire county. Board of commissioners created. Said members shall serve for two years and until their successors are elected and qualified; the members of said board to be elected at the next general election and every two years thereafter. Terms. Election. 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 18, 1923. CHATHAM BOARD OF EDUCATION; ELECTION TO CREATE. No. 397. An Act to amend the several Acts creating and relating to the Board of Public Education for the County of Chatham and City of Savannah, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That before this Act shall become effective, it shall be submitted to an election in Chatham County. Said election shall be called by the commissioners of said county, and ex-officio judges thereof within sixty days after a petition shall be filed with them, signed by twenty-five per cent. of the qualified voters of the county, to be determined from the official registration list of those qualified to vote on the date the petition is filed. If a majority of the voters Page 233 voting at said election shall vote for the adoption of this Act, then the same shall become effective. Election to amend Act. Sec. 2. Be it further enacted, That thereupon an election shall be held at the time of the next general election in said county for twelve members of said board. The terms of the then members of said board shall expire at noon on January first following said election, and the members elected shall hold office from that date and time. Election for board members. Sec. 3. Be it further enacted, That of the members so elected, the four members receiving the largest number of votes in the primary of the party nominating them shall hold office for six years; the four receiving the next largest number of such votes shall hold office for four years; and the four receiving the lowest number of such votes shall hold office for two years. If no member shall be nominated at a primary election, the terms of office of the members shall be determined by the number of votes received by each, as provided above in primary elections. Terms of office. Sec. 4. Be it further enacted, That thereafter an election for four members of said board shall be held each two years at the general election in said county. Four members to be elected every two years. Sec. 5. Be it further enacted, That the membership of said board known as Massie School Commissioners shall be abolished upon the adoption of this Act; Provided, however, that such members shall hold office until the election and qualification of the new members as provided in Section 2 hereof. Massie School Commissioners abolished. Sec. 6. Be it further enacted, That all Acts and parts of Acts in conflict herewith be and the same are hereby repealed. Approved August 2, 1923. Page 234 CHATHAM COUNTY; PRECINCT VOTING. No. 429. An Act to repeal an Act approved August 16th, 1922, and entitled An Act to provide for precinct voting in the County of Chatham, and for other purposes. Section 1. Whereas, The Neill Australian Ballot Voting Act has been recommended by two grand juries of Chatham County, and has gone into effect in said county, and the said Neill Act supersedes the Act named in the caption thereof: Therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 16th, 1922, and entitled An Act to provide for precinct voting in the County of Chatham, and for other purposes, be and the same is hereby repealed. Act of 1922 repealed. Approved August 20, 1923. COLQUITT BOND COMMISSION CREATED. No. 590. An Act to create a Bond Commission for Colquitt County, Georgia; to name the members of said commission, and to provide for their successors; to prescribe the duties and compensation of said commission, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage and approval of this Act there shall be created in and for the County of Colquitt, Georgia, a bond commission to be composed of the following citizens of said county, to wit: W. C. Vereen, W. H. Barber, R. J. Corbett, W. M. Smith, Lewis Free, M. D. Page 235 Norman, H. Baker and H. Baker, Sr., whose term of office shall be three years and whose successors in case of death or resignation shall be provided for in a following section of this Act. Bond commission created. Sec. 2. It shall be the duty of said bond commission to pass upon any and all expenditures of funds derived from the sale of bonds of said county, when proposed by the board of commissioners of said county for the purpose of road or bridge building or maintenance in said county, and to approve or reject such proposals of expenditure and the action of a majority of the members of said bond commission acting at a meeting of which all the members shall have had notice shall be sufficient in law to determine whether or not said expenditure shall be made. Duties of commission. Sec. 3. Be it further enacted, That said members of said bond commission shall meet and organize immediately after the passage of this Act by the election of a chairman, and the naming of a clerk or secretary, which clerk or secretary shall be the person acting as clerk to the board of commissioners of said county. Organization. Sec. 4. Be it further enacted, That before entering into the duties of a member of said bond commission each member shall take and subscribe to an oath faithfully to perform the duties of a member of said commission, when said oaths shall be filed with the ordinary of said county. Oath. Sec. 5. Be it further enacted, That said bond commission shall not function unless and until at least four of the members named shall have taken the oath referred to in Section 4 herein. Shall not function, when. Sec. 6. Be it further enacted, That all vacancies caused by failure of members to qualify, or by death or resignation of qualified members, shall be filled by the remaining members of the bond commission, and the members so named by them shall hold office till the next regular session of the superior court of said county, at which session the grand jury of said county shall permanently fill such Page 236 vacancies subject to the approval of the judge of the superior court of said county. No person shall be eligible to fill such vacancies who has not been a bona fide resident of said county for at least five years. Vacancies, how filled. Sec. 7. The compensation of the members of said bond commission shall be five dollars per day for each day they attend a meeting of the bond commission, which shall be paid out of the general funds of said county. Sec. 8. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 20, 1923. DOUGHERTY COMMISSIONERS; ACT OF 1922 REPEALED; PRIOR LAW RE-ENACTED. No. 87. An Act to repeal the Act of the General Assembly of Georgia, approved August 21, 1922, set out in the published Acts of the General Assembly of 1922, page 346, et seq.; to re-enact, restore and revive so much of the Act of 1904, approved August 13, 1904, and designated as An Act to create a new Board of Commissioners of Roads and Revenues for Dougherty County, and for other purposes, and the Acts amendatory thereof as were directly or indirectly repealed by said Act of August 21, 1922; to nominate and continue in office certain officers as Board of Commissioners of Roads and Revenues for Dougherty County, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act of the General Assembly of Georgia entitled An Act to create a Board of County Commissioners of Roads and Revenues for the County of Page 237 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, approved August 21, 1922, and contained in the published laws of Georgia in the Acts of 1922, on page 346, et seq., be and the same is hereby repealed. Act of 1922 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all parts of the Act of the General Assembly of Georgia approved August 6, 1904, entitled An Act to create a new Board of Commissioners of Roads and Revenues for Dougherty County, and for other purposes, and the Acts amendatory thereof, as were repealed by the Act of the General Assembly of 1922, approved August 21, 1922, the latter Act itself being repealed in Section 1 of this Act, be and the said Act of 1904, and all Acts amendatory thereof, are hereby re-enacted, restored, revived and declared of full force and effect, as if the same had not been repealed. Act of 1904 re-enacted. Sec. 3. Be it further enacted by the authority aforesaid, That A. J. Lippitt, H. W. Johnson and N. F. Tift, elected as members of the Board of Commissioners of Roads and Revenues of Dougherty County, Georgia, under both the said Act of 1904 and the said Act of 1922, shall be and they are hereby continued in office as members of the Board of Commissioners of Roads and Revenues of Dougherty County, Georgia, the said H. W. Johnson to serve until the spring term of the superior court of Dougherty County, to be held in 1924 (at which time his successor shall be chosen for three years) and until his successor is elected and qualified; A. J. Lippitt to serve until the spring term of the superior court of Dougherty County, to be held in 1925 (at which time his successor shall be elected for a period of three years) and until his successor is elected and qualified, and N. F. Tift to serve until the Spring term of Dougherty superior court to be held in 1926 (at which time his successor Page 238 shall be elected for three years) and until his successor is elected and qualified. The term of office of those hereafter elected shall be for a period of three (3) years and until their successors are elected and qualified, and the first election hereunder shall be held at the spring term, 1924, of the superior court, for one commissioner, and at each and every spring term thereafter, for one commissioner. Members of board of commissioners. Length of terms. 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 7, 1923. DOUGLAS COMMISSIONERS; ACT OF 1917 REPEALED. No. 23. An Act to repeal an Act to amend an Act creating the Board of County Commissioners of Roads and Revenues of Douglas County, approved December 20th, 1900, as amended by the Act approved July 30th, 1903, so as to provide for laying out the county into road districts and the election of a commission for each district, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, The bill amending the Act creating the County Commissioners of Roads and Revenues of Douglas County, recorded on pages 344, 345, 346, 347, 348 and 349 of the Georgia Laws, 1917, and approved August 20, 1917, the same is hereby repealed. Act of 1917 repealed. Sec. 2. Be it further enacted, That the County Commissioners of Douglas County, Georgia, now in office shall hold their office until the expiration of their term. The commissioners Page 239 and clerk shall receive the same compensation as now provided by law. Compensation. Sec. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1923. EARLY SHERIFF; BOND INCREASED; ACT OF 1881 AMENDED. No. 84. An Act to amend an Act reducing the official bond of the sheriff of Early County, Georgia, so as to increase the amount of said bond over and above the amount heretofore fixed by law. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the Act entitled To reduce the official bond of the sheriff of the County of Early from the amount now fixed by law to the sum of $5,000.00, passed August 11th, 1881 (see Acts of 1881, page 521) be and the same is hereby amended by striking from the last line of the first section of said Act the words `reduced to the sum of $5,000,' and by inserting in lieu thereof the words increased to the sum of $20,000.00, so that said Act as amended, will read as follows: That from and after the passage of this Act the official bond of the sheriff of the County of Early in this State shall be increased to the sum of $20,000.00. Act of 1881 amended. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1923. Page 240 GLYNN BOARD OF EDUCATION; ACT AMENDED; ELECTION TO RATIFY. No. 530. An Act to amend an Act entitled An Act to consolidate and amend an Act to regulate public instruction in the County of Glynn, approved February 24th, 1873, and the several Acts amendatory thereof, approved August 12th, 1914; to provide for the election by ballot of the members of the Board of Education for the County of Glynn, and for 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 1 of said above entitled Act approved August 12th, 1914, be and the same is hereby repealed. Act of 1914 repealed. Sec. 2. Be it further enacted, That the members of said Board of Education for the County of Glynn appointed and now serving under the provisions of said Act approved August 12th, 1914, shall continue to hold office until their present terms expire. Vacancies caused by the death or resignation of any such members shall not be filled; any of said members, however, are eligible to election under the terms of this Act. Board of education, members now serving. Vacancies, how filled. Sec. 3. Be it further enacted, That the ordinary of Glynn County shall call a special election to be held at all of the election precincts in said county on the second Wednesday in October, 1923, at which special election there shall be elected by ballot five members of the Board of Education for the County of Glynn; three (3) of those so elected shall reside in the City of Brunswick, and two shall reside outside of the City of Brunswick in the County of Glynn; the terms of office of the five so elected shall commence January 1st, 1924. Of those so elected, the two (2) from the City of Brunswick and the one from the county receiving the highest number of votes, shall serve until January 1st, 1929, or until their successors are elected and qualified; the one (1) Page 241 from the City of Brunswick and the one (1) from the county receiving the next highest number of votes shall serve for a term expiring January 1st, 1927, or until their successors are elected and qualified. Special election for five members. Terms. Sec. 4. Be it further enacted, That successors to the members of the board so elected, whose term of office expires January 1st, 1929, shall be elected at the general State election in 1926, and successors to those members whose terms of office expire on January 1st, 1929, shall be elected at the regular State elections in 1928. Such successors and all future members of the board shall hold office for a term of four (4) years. The ordinary of the County of Glynn shall in all cases issue commissions to said members. Elections for members. Sec. 5. Be it further enacted, That all persons qualified to vote at the regular State election held in said County of Glynn in 1922, shall be qualified to vote at the special election herein provided for, and the registrars of Glynn County are hereby required to furnish the managers of said special election a list of such qualified voters. Special election, who may vote. Sec. 6. Be it further enacted, That the ordinary of Glynn County shall appoint managers and clerks for said election, and such managers and clerks shall take the oath and conduct the election as in case of other elections. Said managers shall meet, as is usual, in regular State elections, at the courthouse of said county at noon the day following the election, shall consolidate the votes and shall announce the result of said election to the ordinary; the ordinary shall thereupon issue to the persons so elected their commissions as members of said board of education, specifying in such commission the term of such member. Managers and clerks of elections. Commissions issued by. Sec. 7. Said Board of Education for the County of Glynn shall have control of the educational affairs of the entire County of Glynn, including the City of Brunswick; said board shall annually, at its first regular meeting in January, elect a president and vice-president, said vice-president Page 242 in the absence or disqualification of the president shall act in his stead. A majority of said board shall constitute a quorum for the transaction of business. The executions of the orders, rules and regulations of the board shall be performed by its officials, appointees and employees. There shall be no standing committees appointed, but the board shall operate in all matters as a committee of the whole. All orders, rules and regulations of the board must be in writing and recorded in the minutes of the board. Before any order, rules or regulations of the board shall be recorded in the minutes of said board, it must receive the approval of a majority of said board. Board to control educational affairs. Organization. Quorum. No committees. Sec. 8. Be it further enacted, That this Act shall be null and void unless the same is ratified by a vote of the people at the election herein provided to be held on the second Wednesday in October, 1923. The ballot used at said election, in addition to the names of the candidates for election as members of the board of education, shall have printed thereon the words: Void, unless ratified at an election. Ballots to read. FOR RATIFICATION of an Act to amend an Act entitled an Act to consolidate and amend an Act to regulate public instruction in the County of Glynn, approved February 21, 1873, and the several Acts amendatory thereof, approved August 12, 1914, providing for the election by ballot of the members of the Board of Education for the County of Glynn. AGAINST RATIFICATION of said above described Act. The voter shall strike from his ballot the proposition to which he is opposed, leaving unstricken the portion which he favors. If a majority of the qualified voters of Glynn County, as provided in paragraph 5 hereinabove shall vote at said election, and a majority of those so voting shall vote in favor of a ratification of this Act, then this Act to be of full force and effect. If, however, a majority of such Page 243 qualified voters shall fail to vote, or a majority of those voting shall be against ratification of this Act, then this Act to be null and void. Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 20, 1923. GLYNN BOARD OF EDUCATION; PLACE OF MEETING. No. 389. An Act to amend an Act approved August 12, 1914, entitled an Act to consolidate and amend an Act to regulate public instruction in the County of Glynn, approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned, so as to change the place of meeting of the board of education of said county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the enactment hereof the provision in Section 3 of the Act approved August 12, 1914, entitled an Act to consolidate and amend an Act to regulate public instruction in the County of Glynn, approved February 21, 1873, and the several Acts amendatory thereof, requiring the meetings of the Board of Education of Glynn County to hold its meetings at the courthouse in said county shall be stricken and repealed, and in lieu thereof it shall be provided that the meetings of said board of education shall be held at the Memorial High School building of said county, with the further provision that whenever from time to time it may for any cause be impracticable to hold such meetings at said Memorial High School building, the same may be held at any other proper and available place in the City of Brunswick after publishing Page 244 in the issue of a newspaper published in the City of Brunswick next preceding such contemplated meeting a notice of the place of such contemplated meeting. Act of 1914 repealed. Board to hold meetings at Memorial High School. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1923. HANCOCK COMMISSIONERS; CLERK OF; ACTS OF 1885 AND 1889 REPEALED. No. 39. An Act to authorize and empower the Board of Roads and Revenues of Hancock County to appoint a clerk of said board and to fix his compensation and to provide for his duties and term of office, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Board of Roads and Revenues of Hancock County shall appoint a clerk for said board and shall by resolution duly passed and spread upon the minutes, provide for the duties of said clerk for the time or term for which he is appointed and for the compensation to be paid to him for services rendered. Said board shall have the right to remove said clerk at its pleasure and to appoint his successor. Clerk of board; duties. Compensation. Removal. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict herewith and especially such provisions of an Act approved October 5th, 1885, and an Act approved October 12th, 1889, designating the clerk of the superior court of Hancock County as ex-officio clerk of this board, be and the same are hereby repealed. Acts of 1885 and 1889 repealed. Approved July 31, 1923. Page 245 HARALSON BOARD OF COMMISSIONERS; ELECTION TO ABOLISH. No. 416. An Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Haralson, State of Georgia, to provide for the election of said board of commissioners until the next regular election for county officers, to provide for the election, judification and compensation of said commissioners; define their powers and duties, providing how vacancies shall be filled, and for other purposes, approved August 16, 1915. 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 to create the Board of Commissioners of Roads and Revenues of Haralson County, State of Georgia, to provide for the election of said board of commissioners until the next regular election for county officers; to provide for the election, judication and compensation of said commissioners, to define their powers and duties, provide how vacancies shall be filled; to provide for a clerk of said board, and to fix compensation therefor, to provide how the convicts shall be worked upon the public roads; the division of Haralson County into road districts, and for other purposes approved August 16, 1915, and all amendments thereto, be and the same is hereby repealed. Election. Compensation. Duties, etc. Act of 1915 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act that the ordinary of Haralson County shall have and exercise all the powers, duties and authority heretofore conferred upon the said board of commissioners of roads and revenues and all powers conferred upon him by law as they existed prior to the passage of this Act, approved August 16, 1915. Provided, that the provisions of this bill shall Page 246 not go into effect until an election has been called by the ordinary of the County of Haralson, as hereinafter provided. Ordinary's duties. Proviso. Sec. 3. Be it further enacted, That the ordinary of the County of Haralson shall on the first Wednesday in November, 1923, next, call an election in each precinct in the County of Haralson, which election shall be held under the same rules and regulations governing the general election in said State, and at which election all the qualified voters of said County of Haralson shall be entitled to vote. At said election the tickets to be voted shall be as follows: For the repeal of the Act creating a Board of County Commissioners of Haralson County, and Against Act repealing Act creating Board of County Commissioners of Haralson County. Those desiring to vote for the repeal of the Act creating the County Commissioners of Haralson County shall vote the ticket on which shall be written or printed For the repeal of the Act creating a Board of County Commissioners of Haralson County. Those voting against the repeal of the Act shall vote the ticket on which shall be written or printed Against Act repealing Act creating Board of County Commissioners of Haralson County. Ordinary to call election. Tickets to read. Sec. 4. Be it further enacted by the authority aforesaid, That the returns from the said election shall be made to the ordinary of the County of Haralson by twelve (12) o'clock, noon, on the day following the said election, and he shall declare the result of said election, and if a majority of the votes shall be for the repealing of the Act creating the Board of County Commissioners of Haralson County, provisions of this Act shall immediately go into effect; Providing, however, that if a majority of the voters of said county, as shown by said returns, shall be against a repeal of the Act for the creation of a Board of County Commissioners of Haralson County, then the provisions of this Act shall not go into effect. Election returns. Proviso. Page 247 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, 1923. HART COMMISSIONERS; ACT AMENDED. No. 559. An Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Hart County; to provide for the election of the members thereof by the grand jury of said county; to define their duties and powers; fix their salaries, term of office; provide for filling vacancies; to divide the county into four districts, approved August 19th, 1919, by striking out the words after the word shall in line 18, through the word dollar in line 20 of Section 4 of said Act; by striking out the words beginning after the word account in line 11 up to the word and in line 12 of Section 5 of said Act; to further amend said Act by striking all of Section 6, and inserting in lieu thereof a new section, and for other purposes. Section 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 4 of the Act approved August 19th, 1919, amending the Act creating the Board of Commissioners of Roads and Revenues of Hart County, shall be amended by striking out the words after the word shall in line 18 and up to and including the word dollars in line 20, so that said section when so amended shall read as follows: Act of 1919 amended. Section 4. Be it further enacted, That on the first Monday in February each year, said board shall make a sworn financial statement to the ordinary of said county, showing the amount of money received as commutation tax, amount received from the tax collector of Hart County, and Page 248 all monies received from any other source; they shall also show the disbursements made by the said board, to whom paid and when paid; also submit a statement of the unpaid county warrants, showing to whom payable and the amounts of each, and when payable. They shall likewise submit an itemized statement of the indebtedness of the county, for which no warrants have been executed. The ordinary shall file this report in his office. It shall be the duty of said board to submit a copy of said statement to the grand jury at each spring term of the Hart superior court. Said report shall include all transactions from July 1st up to January 1st. Financial statement to be made. Copy to grand jury. Sec. 2. Be it further enacted by the authority aforesaid, That Section 5 of the Act aforesaid be amended as follows: By striking the words beginning after the word account in line 11, and up to the word and in line 12, so that said Section 5 when so amended shall read as follows: Section 5 to read. Section 5. Be it further enacted, That before any debt or claim against the county for machinery, mules, horses, supplies for camps, clothing and supplies for convicts, and all necessary supplies for the officers of the courts and county, and all lumber, piping and bridge material shall be paid for by said board, the person, firm or corporation presenting the same shall itemize said account, and on failure to comply with this section, by either party to the sale and purchase of any of the above articles or personal property shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in Section 1065 of Park's Code of Georgia, 1914, Volume 6. This section shall not apply to any purchase of the value of one hundred dollars ($100.00) or less. Account to be itemized. Penalty for failure. Sec. 3. Be it further enacted by the authority aforesaid, That Section 6 of said Act be stricken in its entirety, and in lieu thereof the following be inserted: Section 6. Be it further enacted, That the chairman of said board of commissioners, after the passage of this Page 249 Act, shall preside at all meetings of the board of commissioners, and in case of a tie of any vote on any question coming before said commissioners, shall cast the deciding vote, and his vote shall be final on any question. He shall have general supervision of all roads and bridges in this county, and shall personally inspect all proposed changes in roadways, inspect all new bridge sites, convict camp or camps, and make a report from time to time to the board of commissioners, and make such recommendation as he may see fit, and when such recommendations have been passed on by the board of commissioners, the chairman shall have supervision of carrying out the recommendations of the board, in the construction of roads and bridges. The said chairman shall devote not less than four (4) days, and not more than six (6) days of each month to the aforesaid work, for which he shall be paid the sum of five ($5.00) dollars per day for the inspection and looking after the roads and bridges of the county. New Section 6. Duty of chairman of commissioners. Compensation. Sec. 4. Be it further enacted by the authority aforesaid, That the four commissioners in the said road districts of said county as provided for in the Acts creating the Board of Commissioners of Hart County, approved August 2d, 1918, shall have supervision of all repair work of all roads and bridges in their respective districts, and make their report to the board of commissioners, and such recommendations as he may see fit, and shall have the supervision of all repair work of roads and bridges in his respective road district, when passed on by the board of commissioners. The said commissioner shall not devote more than four (4) days to the aforesaid work, and shall receive five ($5.00) dollars per day for the inspection and looking after the roads and bridges in their respective road districts. Supervision of road work, etc. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. Page 250 IRWIN BOARD OF COMMISSIONERS; ELECTION TO CREATE. No. 587. An Act to amend an Act approved August 5, 1913, creating the office of Commissioner of Roads and Revenues for the County of Irwin, by striking Section 1, creating the office of Commissioner of Roads and Revenues for the County of Irwin; Section 2 relating to the appointment of the Commissioner of Roads and Revenues for Irwin County, and filling vacancies in said office; Section 3, fixing a bond to be given by said commissioner; Section 7, designating the road districts of said Irwin County; and Section 10, providing a salary for said commissioner, and substituting in lieu of said stricken sections the following new sections to carry the same numbers as said stricken sections, to wit: Section 1. Board of County Commissioners for Irwin County Created. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after January 1st, 1925, there shall be created and established for the County of Irwin, State of Georgia, a board of county commissioners to consist of three members, who shall be commissioned by the Governor for a period of four years and until their successors shall have been elected and qualified, as hereinafter provided. Board of county commissioners to be created; members; length of office. Sec. 2. Election of Commissioners. Vacancies; How Filled. Be it further enacted by the authority aforesaid, That the members of the Board of Commissioners for Irwin County herein provided shall be selected at an election to be held for county officers of Irwin after the first Monday in November, 1923, and for the purpose of submitting to the qualified voters of said county the question of whether they desire a board of three commissioners to be created for said county, notice of said election shall be published in the official organ of Irwin County Page 251 thirty days prior to the first Tuesday in November, 1923. Those voting in favor of the creation of a Board of Commissioners for Irwin County shall cast ballots having written or printed thereon the words `For Three Commissioners,' and those voting against the creation of said Board of Commissioners of Irwin County shall have written or printed thereon the words `Against Three Commissioners.' Said election shall be held under the present law governing the holding of general elections in the State of Georgia, except the returns thereof shall be made to the ordinary of Irwin County, who shall consolidate the returns and declare the result thereof. Election of commissioners. Election to vote on this Act. Sec. 3. Eligibility of Members. Be it enacted by the authority aforesaid, That in the selection of the members of said board of commissioners, no two members shall be selected from the same district; but that one shall be elected from the territory composed of the City of Ocilla and Roberts districts; another shall be elected from the territory composed of the Mystic, Irwinville, Abba and Fletcher districts; and the third shall be elected from the territory composed of Osierfield, Frank, Holt and Old Fifth districts. Should a member of said board, after his election as such, at any time cease to reside in the territory for which he was elected, such removal from the district shall immediately determine and terminate the tenure of his office, and the ordinary shall call a special election to fill said vacancy in the same manner as other county offices are filled. Eligibility of members. Sec. 7. Road Districts. Be it further enacted by the authority aforesaid, That the County of Irwin is hereby divided into three road districts; the first district to be composed of Ocilla and Roberts districts; the second district to be composed of Mystic, Irwinville, Abba and Fletcher districts; and the third district to be composed of Osierfield, Frank, Holt and Old Fifth districts of said Irwin County, Georgia. Road districts. Page 252 Sec. 10. Compensation of the Board. Be it further enacted by the authority aforesaid, That the compensation of the members of said Board of Commissioners of Irwin County shall be fixed by the grand jury of Irwin County at the term of court next succeeding ratification of this Act by the qualified voters of Irwin County, the same to be audited and paid from the county treasury in the same manner as other claims against the county are audited and paid. Compensation, how fixed. Section 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 August 5, 1913, creating the office of Commissioners of Roads and Revenues of Irwin County, be and the same is hereby amended by striking therefrom Section 1, creating the office of Commissioner of Roads and Revenues of Irwin County; Section 2, relating to the appointment of the Commissioner of Roads and Revenues of Irwin County, and filling vacancies in said office; Section 3, fixing a bond to be given by said commissioner; Section 7, designating the road districts of said Irwin County; and Section 10, providing a salary for said commissioner, and substituting in lieu of said stricken sections, the following new sections to carry the numbers of said stricken sections, to wit: Act of 1913 amended. Section 1. Board of County Commissioners for Irwin County Created. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after January 1st, 1925, there shall be created and established for the County of Irwin, State of Georgia, a board of county commissioners to consist of three members, who shall be commissioned by the Governor for a period of four years, and until their successors shall have been elected and qualified, as hereinafter provided. Board of county commissioners created. Commissioned by Governor. Sec. 2. Election of Commissioners. Vacancies; How Filled. Be it further enacted by the authority aforesaid, Page 253 That the members of the Board of Commissioners for Irwin County herein provided shall be selected at an election to be held for county officers of Irwin County after the first Monday in November, 1923. And for the purpose of submitting to the qualified voters of said county the question of whether they desire a board of three commissioners to be created for said county, notice of said election shall be published in the official organ of Irwin County thirty days prior to the first Tuesday in November, 1923. Those voting in favor of the creation of a Board of Commissioners for Irwin County shall cast ballots having written or printed thereon the words `For Three Commissioners,' and those voting against the creation of said Board of Commissioners of Irwin County shall have written or printed thereon the words `Against Three Commissioners.' Said election shall be held under the present law governing the holding of general elections in the State of Georgia, except the returns thereof shall be made to the ordinary of Irwin County, who shall consolidate the returns and declare the result thereof. Election of commissioners. Sec. 3. Eligibility of Members. Be it enacted by the authority aforesaid, That in the selection of the members of said board of commissioners, no two members shall be selected from the same district; but that one shall be elected from the territory composed of the Ocilla and Roberts districts, another shall be elected from the territory composed of the Mystic, Irwinville, Abba and Fletcher districts; and the third shall be elected from the territory composed of Osierfield, Frank, Holt and Old Fifth districts. Should a member of said board, after his election as such, at any time cease to reside in the territory for which he was such removal from the district shall immediately determine and terminate the tenure of his office, and the ordinary shall call a special election to fill said vacancy in the same manner as other county offices are filled. Eligibility of members. Removal. Sec. 7. Road Districts. Be it further enacted by the authority aforesaid, That the County of Irwin is hereby divided Page 254 into three road districts: the first district to be composed of Ocilla and Roberts districts; the second district to be composed of Mystic, Irwinville, Abba and Fletcher districts; and the third district to be composed of Osierfield, Frank, Holt and Old Fifth districts of said Irwin County, Georgia. Road districts. Sec. 10. Compensation of the Board. Be it further enacted by the authority aforesaid, That the compensation of the members of said Board of Commissioners of Irwin County shall be fixed by the grand jury of Irwin County at the term of court next succeeding the ratification of this Act by the qualified voters of Irwin County, the same to be audited and paid from the county treasury in the same manner as other claims against the county are audited and paid. Compensation, fixed by grand jury. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. JASPER BOARD OF COMMISSIONERS ABOLISHED. No. 40. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Jasper and to prescribe and define the duties, compensation and powers of same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Jasper and to prescribe and define the duties and powers of same, approved August 6, 1921, and all other Acts explanatory or amendatory thereof heretofore Page 255 passed be and the same are hereby repealed and the said board of commissioners of roads and revenues, created under and by said Act, is hereby abolished. Act of 1921 repealed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 23, 1923. JASPER BOARD OF COMMISSIONERS CREATED. No. 41. An Act to create a Board of Commissioners of Roads and Revenues for the County of Jasper and to prescribe and to define the duties, compensation and powers of same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be established in the County of Jasper in this State a board of commissioners of roads and revenues to consist of three members, to wit: W. A. Mercer, A. F. Moseley and Eugene Benton, be and they are hereby declared and appointed the lawful commissioners of roads and revenues of said county, to hold until their successors are duly elected and qualified; that the term of office of the said W. A. Mercer, commissioner, shall expire January 1, 1925; that the term of said A. F. Moseley, commissioner, shall expire January 1, 1925; that the term of Eugene Benton, commissioner, shall expire August 6, 1923. That the ordinary of Jasper County shall call an election for the purpose of electing a successor to said Eugene Benton within five days after the passage of this Act, said election to be held twenty (20) days from the date on which same is called, and that notice of said election be published at least twice in the official gazette of Jasper County, Georgia; that Page 256 said election shall be governed by the law, rules and regulations that govern general elections. Be it further enacted, that the election returns shall be consolidated by noon of the day after the election and the person receiving the largest number of votes shall be declared elected to fill his term, the said successor to Eugene Benton term of office will expire January 1st, 1925. Members of board of commissioners. Terms of office. Elections to be called. Returns consolidated. Sec. 2. Be it further enacted by the authority aforesaid, That the term of the Commissioners of Roads and Revenues of said County of Jasper shall be four years, beginning January 1st, 1925, and shall be elected at the general election prior to the expiration of their term of office. Term of office. Sec. 3. Be it further enacted, That said commissioners shall be exempted from road and jury duty during their term of office. Exemption. Sec. 4. Be it further enacted, That two of said commissioners shall constitute a quorum for the transaction of business, and they must concur to pass any order or decree. Quorum. Sec. 5. Be it further enacted, That said board shall have exclusive jurisdiction when sitting for county purposes over the following subject matter, to wit: (1) Governing and controlling all the property of the county as they may deem expedient, according to law; (2) In levying a general tax for general and a special tax for particular county purposes, according to the provisions of the Code and the laws of Georgia; (3) In establishing, altering and abolishing roads, bridges and ferries in conformity to law; (4) In establishing and changing militia districts and election precincts; (5) In examining and allowing all claims against the county; (6) In examining and auditing the accounts of all officers having the care, management, keeping, collecting and disbursement of money belonging to the county or appropriated for its use and benefit, and bringing them to a settlement; (7) In making such rules and regulations for Page 257 the support of the poor of the county as are authorized by law, or not inconsistent therewith; (8) In regulating peddling and fixing cost of license therefor, and such other powers as were vested by law in the inferior court, when sitting for county purposes, prior to the adoption of the present State Constitution, and shall have no jurisdiction save and except such as pertain to county matters. Jurisdiction. Sec. 6. Be it further enacted, That said board of commissioners shall hold twelve regular sessions annually, to be held monthly on the first Wednesday of each month; Provided, nevertheless, that a majority of said board may convene the same in extra session whenever in their judgment the same may be necessary. Twelve sessions annually. Extra sessions. Sec. 7. Be it further enacted, That said board may elect a clerk to be known as the clerk of the Board of Commissioners of Roads and Revenues of the County of Jasper, may prescribe his duties, fix his compensation and require a bond for the faithful performance of his duties, which said clerk shall hold office during the pleasure of said board; and it shall be the duty of the clerk of said board to attend the sessions of said commissioners, to keep a minute of the proceedings in a well-bound book to be provided at the expense of the county, and to perform such other duties as may be required by him by said board. Clerk of board; duties. Bond required. Sec. 8. Be it further enacted, That said commissioners or a majority of them shall have authority to approve all official bonds formerly required of the justices of the inferior court, and sent them by the Governor, with the dedimus to qualify such officers and deliver them their commissions. Official bonds. Sec. 9. Be it further enacted, That said board of commissioners shall be a body corporate, and may sue and be sued, plead and be impleaded, in all matters within their jurisdiction, as herein defined, but no judgment, order or Page 258 decree of any court shall have effect against the individual property of any member of said board, but shall constitute a charge against said county. Board a body corporate, may sue and be sued. Sec. 10. Be it further enacted, That said commissioners shall submit a record of their proceedings to each grand jury chosen for the county for their inspection. Submit record to grand jury. Sec. 11. Be it further enacted, That each commissioner, before entering upon the discharge of their duties, shall be sworn 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 duty as such. To be sworn. Sec. 12. Be it further enacted, That each of said commissioners shall receive as compensation for his services the sum of four ($4.00) dollars per day, when sitting for county purposes and shall neither receive directly or indirectly any further sums; said compensation thus fixed to be paid by the county out of the county funds, it being further enacted that the total compensation shall in no event exceed thirty-two ($32.00) dollars per month for each commissioner. Compensation. Sec. 13. Be it further enacted, That each commissioner before entering upon the discharge of their duties, and each of their successors in office, shall give bond in the sum of two thousand ($2,000.00) dollars payable to the Governor of this State, said bonds be approved by the ordinary of Jasper County, conditioned upon the faithful performance of their duty. Bond. Sec. 14. Be it further enacted by the authority aforesaid, That said commissioners are hereby authorized and directed to pay to the proper officers the actual cost in the case where misdemeanor convicts are sentenced to the chain gang of said county, and served his term upon said chain gang; Provided, he is sentenced to said chain gang for a period of three months or more. Costs in misdemeanor case when convicts are sentenced to chain gang. Page 259 Sec. 15. Be it further enacted, That in the event of a vacancy by death, resignation or otherwise such vacancy shall be filled for the remainder of the term by the ordinary calling an election not later than twenty (20) days after a vacancy has been declared. Said election of the legal and qualified voters of the county shall be governed by the law, rules and regulations governing general elections. And the persons receiving the largest number of votes shall serve the remainder of the term thus rendered vacant. Vacancy, how filled. Sec. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 23, 1923. JEFF DAVIS COMMISSIONER'S OFFICE; ELECTION TO ABOLISH. No. 151. An Act to repeal an Act to create the office of Commissioner of Roads and Revenues of the County of Jeff Davis; to provide for his 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, approved August 15, 1922. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act creating the office of Commissioner of Roads and Revenues for the County of Jeff Davis, in the State of Georgia, approved August 15th, Page 260 1922, be and the same is repealed, such repeal to be effective only upon the result of an election to be held as hereinafter set forth, in favor of such repeal. Act of 1922 repealed. Sec. 2. Be it further enacted, That immediately after the approval of this Act, that the chairman of the Democratic Executive Committee of Jeff Davis County shall issue a call for an election to be held in the several voting precincts of said county for the purpose of submitting to the qualified voters of said county the question whether they desire to abolish the Act aforesaid, creating the office of commissioner of roads and revenues of said county, or to keep the same in force, which call shall be published in the Hazlehurst News in the issue of the week prior to the first day of August, 1923, and which call shall also be published in three other places in said county by posting a copy of said call for at least one week prior to the date of such election, said election to be held on the first day of August, 1923. Those voting for the repeal of said Act shall cast ballots having written or printed thereon the words Against Commissioner, and those voting to keep said Act in force shall cast ballots having written or printed thereon the words For Commissioner. Said election shall be held under the same rules as govern elections for members of the General Assembly of Georgia, except that the returns for said elections shall be made to the clerk of the superior court of said county, who shall canvass the same and declare the result at noon of the day following the day of the holding of said election. All citizens still residing in said county whose names appeared upon the list of registered voters as prepared by the registrars of said county for the last general election, and no others, shall be entitled to vote in said election. If a majority of those voting at said election vote against commissioner, then said Act shall stand repealed by said election, effective on September 1st, 1923, but if a majority of those voting in said election shall vote for commissioner then said Act shall remain of full force. Election called. How call for election to be published. Returns of election to clerk of superior court. Qualifications of voters. Page 261 The expenses incurred for advertising the call for said election, the printing of the tickets and the compensation of the managers of said election shall be paid out of the county treasury. Expenses, etc. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with the foregoing Act be and the same are hereby repealed. Approved July 23, 1923. JOHNSON TREASURER'S OFFICE ABOLISHED. No. 507. An Act to abolish the office of County Treasurer of the County of Johnson, in the State of Georgia; to provide for the selection of a county depository for the funds of said county, to define the powers, duties and liabilities of such depository and its bondsmen, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on and after the 31st day of December, in the year 192, the office of County Treasurer of the County of Johnson, in the State of Georgia, be and the same is hereby abolished. Treasurer's office abolished. Sec. 2. Be it further enacted by the authority aforesaid, That the board of commissioners of roads and revenues of said county, the ordinary or such officer as may have charge of county matters in and for said county, shall on or by the first Monday in December, 1924, and annually thereafter appoint and designate some regularly chartered bank in said County of Johnson to receive all county funds heretofore handled, received and collected by county treasurer of said county, and to disburse the same as the law Page 262 now requires county funds to be disbursed by the county treasurer, said appointment to be made as hereinafter provided. County depository. Sec. 3. Be it further enacted by the authority aforesaid, That on or by the first Monday in December, 1924, and annually thereafter, the board of commissioners, the ordinary, or such officers as may have charge of county matters in and for said county shall ask the banks of said County of Johnson to submit propositions in writing to pay interest on average daily balance of county funds; such bids shall on said date be opened publicly by said officer or officers in the office where the meeting of such officer or officers is usually held. It shall be the duty of said officer or officers to appoint as county depository the bank offering the highest bid, upon said bank giving bond and qualifying as hereinafter required. Ask for bids from banks of county. Sec. 4. Be it further enacted by the authority aforesaid, That the appointment of said depository shall be made in writing showing the contract and agreement entered into by such officer, or officers, and such depository, in accordance with this Act, and the same shall be entered upon the minutes and kept of file. Appointment and contract to be in writing and entered on minutes, etc. Sec. 5. Be it further enacted by the authority aforesaid, That the term of such depository shall be for one year, from the first day of January, 1925, and thereafter shall expire at the end of each calendar year, or until a successor is appointed and qualified. Full authority being hereby granted to the board of county commissioners, the ordinary or other officer having charge of county matters in and for said county to fill all vacancies by resignation or otherwise by appointment for the unexpired term under the same terms and regulations as are herein provided for the original appointment. Term. Vacancies, how filled. Sec. 6. Be it further enacted by the authority aforesaid, That each depository so selected shall qualify by giving bond with good security in the amount required by law Page 263 of county treasurers, same to be approved by the officer or officers having charge of county matters in and for said county. Bond. Sec. 7. Be it further enacted by the authority aforesaid, That the duties of such depository shall be such as are now required of county treasurers and that all laws and parts of laws now of force relating to the duties and liabilities of county treasurers and their bondsmen shall be and are hereby made applicable to said county depository and its bondsmen. Duties and liabilities of treasurer and bondsmen. Sec. 8. Be it further enacted by the authority aforesaid, That the officer or officers of said county having charge of county matters shall make such contract and agreement with said depository and upon such terms as heretofore mentioned, but in no event shall said depository be paid in excess of two hundred dollars per annum for its services. Contract with depository. Limit for services. Sec. 9. Be it further enacted by the authority aforesaid, That should the banks of said county fail to submit bids or for any reason fail to qualify to act as such depository under the terms of this Act, then, and in that event, said board of commissioners of roads and revenues, the ordinary, or other officer having charge of county matters in and for said county, shall have the right to name some individual resident of said county to act as county treasurer for said county, and to perform the duties heretofore performed by the county treasurer. Such person shall receive as compensation not in excess of two hundred dollars per annum, to be fixed by the officers aforesaid, and shall be appointed for a term of one year, or until his successor is appointed and qualified. Such person shall give bond as is required of depositories, the cost of same to be borne by the county. May appoint treasurer. Compensation. Bond. Sec. 10. Be it further enacted by the authority aforesaid, That the county treasurer of said county is hereby authorized and directed to turn over at the expiration of his term of office all funds and property of said county in Page 264 his hands which, under the law, should be handled by such depository or such individual designated as county treasurer, to such depository or to such individual so designated. To deliver funds, etc. Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1923. JONES BOARD OF COMMISSIONERS CREATED. No. 307. An Act to create a Board of Commissioners of Roads and Revenues for Jones County; to define their powers and duties; to provide for their election, to provide for filling vacancies on said board; to provide for their compensation; to provide for the appointment of a clerk for said board and to provide for his compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That a Board of Commissioners of Roads and Revenues, consisting of three members, for Jones County be and the same is hereby created. Board created. Sec. 2. Be it further enacted by authority aforesaid, That J. D. Roberts, B. F. Winters and W. N. Kitchens be and are hereby made members of said board; that J. D. Roberts shall hold office as a member of said board until January 1st, 1930; B. F. Winters shall hold office as a member of said board until January 1st, 1928, and W. N. Kitchens shall hold office as a member of said board until January 1st, 1926. All members of said board are to hold office on said board until their successors are elected and qualified as hereinafter provided. Members of board. Page 265 Sec. 3. Be it further enacted, That said commissioners before entering upon the duties of their office shall take the usual oath required of county officers and shall give a good and solvent bond in the sum of one thousand dollars payable to the Governor and his successor in office for the use of Jones County, conditioned upon the faithful performance of their duties as county commissioners, said oath to be administered by the ordinary of Jones County, and said bond to be approved by the ordinary and filed with the executive department of the State of Georgia. Oath. Bond, etc., in amount of $1,000. Sec. 4. Be it further enacted, That said commissioners when sitting for county purposes shall have exclusive jurisdiction over the following subject matters: Jurisdiction. First: In governing and controlling all county property as they may deem best according to law. County property. Second: In working the public roads of the County of Jones as they may deem best according to law. Public roads. Third: In levying taxes for county purposes in accordance with law. Taxes. Fourth: In examining, auditing, allowing and settling all claims against the county. Claims. Fifth: In examining and auditing the accounts of all officers or persons having the care, custody, control, collecting or disbursement of money belonging to the county or appropriated for its use and bringing such officers or persons to a settlement. Accounts. Sixth: In making such rules and regulations for the support of paupers and the promotion of health in the county as are not inconsistent with the laws of this State. Paupers and promotion of health. Seventh: In establishing, altering, changing or abolishing roads, bridges and ferries in accordance with law. Roads, bridges and ferries. Eighth: In the appointment of a road foreman, and his rate of pay, and all other persons necessary for the successful operation of the road system of Jones County; Page 266 said commissioners shall exercise all the powers over county affairs as are now exercised by the present Commissioners of Roads and Revenues for the County of Jones. Road foreman. Sec. 5. Be it further enacted, That said County Commissioners of Jones County shall not purchase directly or indirectly materials, supplies or other articles for any department of said county from any relative of theirs either by blood or marriage, within the third degree, nor from any person directly or indirectly in their employ in any capacity whatsoever; nor shall said county commissioners appoint or employ directly or indirectly any person to do or to perform any labor, building or to do any other thing or service for the County of Jones who shall be either related by blood or marriage, within the third degree, or who shall be in their employ, directly or indirectly. Purchasing from kin by blood or affinity prohibited; neither shall they appoint kin. Sec. 6. Be it further enacted That said board shall sit for county purposes on the first Tuesday in each month, but may have a call meeting for the transaction of any business on any other day. Time of meeting. Sec. 7. Be it further enacted, That said county commissioners shall keep such records as are now by law required to be kept and make such reports to the grand juries as are now by law required. They shall also keep a book in which they shall record in itemized form all articles and things of whatever kind purchased by them for the use or consumption of any department of the county government, recording the name and quantity of the article or thing purchased and the price paid therefor, the date when purchased, for what department purchased and from whom and where purchased. They shall also keep a cash book in which they shall enter all items of cash collected or received by them for any department of the county, the name of the party from whom collected or received, and the date collected or received. They shall once each month make up an itemized statement of their expenditures and disbursements for each department of the county's government, separating the same in such a manner that each departments Page 267 expense may be readily ascertained, which said report so itemized and classified shall be published one time each month in a newspaper in the county. The expense of this publication and all other publications shall be paid for out of county funds raised for general purposes. To keep records. Itemized records of. Cash book. Itemized statements. Sec. 8. Be it further enacted, That J. D. Roberts is hereby made chairman of said board until January 1st, 1926, at which time the board shall elect a chairman from its membership. Chairman. Sec. 9. Be it further enacted, That a successor of each member of said board shall be elected by the qualified voters of Jones County in the general election for members of the General Assembly preceding the expiration of his term of office, which member so elected shall hold office for six years. Election for members. Sec. 10. Be it further enacted, That in case of a vacancy on said board caused by death, resignation or otherwise, said vacancy shall be filled by the remaining members on said board by selecting a suitable man who shall fill the unexpired term to which he is appointed. Vacancies, how filled. Sec. 11. Be it further enacted, That the members of said board shall receive a compensation of three dollars per day each, for every day engaged upon the duties of their office, but in no event shall their compensation exceed fifteen dollars per month for each member. Compensation. Sec. 12. Be it further enacted, That the County Commissioners of the County of Jones shall have the authority to appoint a clerk who shall be a competent bookkeeper, whose duty it shall be to keep all the books and records pertaining to the county's business. Said commissioners shall have the authority to fix the compensation of said clerk and to remove him at any time they may so desire and appoint another in his stead. The duties of the clerk shall be restricted to clerical work only. Clerk; duties and compensation. Page 268 Sec. 13. Be it further enacted, That said commissioners shall not be restricted to citizens of the County of Jones in the employment of persons for the county's service, but may employ persons elsewhere in their own discretion. They shall also have power to employ at such times as they may think necessary a civil engineer, or other person skilled in public road building, for purposes of consultation, such term of employment not to exceed fifteen days in any year and to be paid for from county funds raised for public roads. May employ persons, in discretion, not citizens of Jones County. Sec. 14. Be it further enacted, That said commissioners shall have power to employ counsel to represent the County of Jones in suits against the same, and for other purposes as necessity may demand, paying for same out of county funds raised for general purposes. May employ counsel. Sec. 15. Be it further enacted, That said commissioners shall in January of each year demand of every county officer an estimate of the amount of all supplies needed by said officers during a period of twelve months, consisting of stationery, record books, stationers' supplies and every other article used by said county officers in the conduct of the county's business, which estimate for twelve months shall be consolidated as far as practicable, and submitted to not less than two reputable dealers or manufacturers of such article or articles for bids, and the lowest bidder shall be preferred. Said commissioners shall not pay for any article for the use of the county in any of its departments unless purchase has been previously authorized by said commissioners in writing. Shall demand estimates for supplies, consisting of. Sec. 16. Be it further enacted, That each and every county commissioner elected by the qualified voters of the County of Jones under the provision of this Act shall qualify and give bond in the terms and amount provided herein. Must qualify. Sec. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1923. Page 269 JONES COMMISSIONER'S OFFICE ABOLISHED. No. 306. An Act to repeal an Act creating the office of County Commissioner of Jones County, approved August 11th, 1913, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled An Act creating the office of County Commissioner of Jones County, approved August 11th, 1913, be and the same is hereby repealed. Act of 1913 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 July 31, 1923. LANIER BOARD OF COMMISSIONERS CREATED; COUNTY MANAGER. No. 153. An Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia; to provide their qualifications, method 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 and the county manager; to provide for competitive bids in the purchase of supplies for said county and in making contracts for work; to provide when this Act shall become effective, and for other purposes. Page 270 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 board of commissioners of roads and revenues is hereby created and established in Lanier County, Georgia, the county affairs of Lanier County, Georgia, shall be administered by said board of commissioners of roads and revenues and a county manager selected by said board. This board shall consist of three members and shall be elected from each of the three road districts of said county who shall be qualified voters of said county. Board created. 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 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 by the authority aforesaid, That for the purpose of this Act the County of Lanier shall be divided into three (3) road districts as follows: Three road districts. District Number 1 shall be composed of the 1,300 District G. M., except that portion of territory taken from Lowndes County in the creation of Lanier County. District Number 2 shall be composed of 586 District G. M. District Number 3 shall be composed of 1,052 District G. M. and also that portion of territory of the 1,300 District which was taken from Lowndes County in the creation of Lanier County. Sec. 4. Be it further enacted by authority aforesaid, That the following named persons are hereby appointed, constituted and made Commissioners of Roads and Revenues for said County of Lanier under this Act, as follows: J. L. Byrd, from the first district; Thos. R. Osteen, from the second district; D. O. Johnson, from the third district, and they shall hold office for the interim between the Page 271 thirtieth day after approval of this Act and until the first Monday in January, 1925, and until their successors are elected and qualified as hereinafter provided. Members of board. Sec. 5. Be it further enacted by the authority aforesaid, That the term of office of said named commissioner shall expire on the first day of January, 1925, and their successors shall be elected in the general election for State and county offices to be held in and for said County of Lanier in the year 1924. The commissioners of roads and revenues so elected in the general election of State and county officers of 1924 shall qualify and assume the duties of office on the first Monday in 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 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 districts alone. The candidate in each of the three districts receiving the largest number of votes in the county shall be declared elected. Term of office. Assume duties, when. Sec. 6. 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 of three members with a county manager. 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 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. Who constitutes board. Quorum. Sec. 7. Be it further enacted, That the board of county commissioners of roads and revenues hereby created, shall have exclusive jurisdiction over the control of all county matters, such as public roads, bridges, the working or hiring Page 272 out of convicts, public roads, county finances, the levying and collecting 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 of county finance 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 formally vested in the inferior courts of this State when sitting for county purposes prior to the Constitution of 1868, 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 roads defaulters and of any and all matters pertaining to county matters formally vested in the inferior courts of the State, or now vested in the ordinaries of the State in counties in which there is 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 publish 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 deputy may be required to attend upon the meetings of the board and 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 for by law for like services in the superior court. Exclusive jurisdiction. Vested with all rights, etc. Sheriff to attend meetings. Compensation. Sec. 8. Be it enacted, That the board shall exercise such power as may be construed as legislative or judicial only when setting in regular or special session with a quorum of the board present. Power. Page 273 Sec. 9. Be it further enacted, That the board shall hold regular sessions on the first Monday in each month in the courthouse 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. Time and place of meeting. Organization. Sec. 10. Be it further, That the board shall keep 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 county property, real and personal, and shall make a record therein of all sales or disposition 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 keep on file all paid warrants and vouchers and other papers necessary to show a complete record of all transaction of the county. Official minutes, etc. Warrants and vouchers. Sec. 11. Be it further enacted, That the board shall elect a clerk for the board for a term of one year, subject to removal for cause at the pleasure of said board and fix his salary at an amount not to exceed three hundred dollars ($300.00) a year. Said clerk shall keep the books and records of said board mentioned in Section 10 of this Act, and such other books and records necessary in the discretion of the board. He shall prepare all warrants drawn against the county (which are to be signed by the county manager and countersigned by the chairman of the board) and attach the county seal. He shall prepare the Page 274 financial report of the board which is to be submitted to the grand jury at the July and January terms of the superior court of said county showing the amount of receipts and disbursements, said clerk shall audit the books of the county manager once a month and submit the report in writing to the board of each preceding month at the regular meeting of the board, which report is to be published in one issue of the official organ of the county showing receipts and disbursements. 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 sum as said board may deem proper, which said bond shall be payable to the chairman of said board and his successor in office and shall be duly recorded in the minutes of the board. Clerk; salary; duties. Warrants. Financial report. Bond may be required. Sec. 12. Be it further enacted, That said board of commissioners shall at their first meeting or soon thereafter as practicable, elect a county manager for the said County of Lanier (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 or of any other work of the county, under the general supervision of the board subject to the provision of Section 14 of this Act. He shall, with the advice and consent of the board, appoint and employ guards, labor and such other help as is necessary in the opinion of the board. He shall have supervision over all such officers and laborers and shall have the power to discharge such officers and laborers at any time for cause with the right to appeal of such officers to the board. Said manager shall give his entire time and attention to the affairs of the county. He shall be the chief purchasing and selling agent of the county for all animals, machinery, implements, material and supplies of all kinds used in the construction and repair of buildings, roads, bridges, and supplies for the use of the convicts, but all purchases and sales by him shall be subject Page 275 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. County manager to be elected, convict warden. Duties. Devote entire time. Sec. 13. Be it further enacted, That all warrants drawn on the county shall be drawn by the clerk of the board 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 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 county manager shall each make a bond in the sum as the board may prescribe in a good and solvent fidelity and guarantee company, payable to the county, conditioned for the faithful discharge of their duties of this 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. The premiums on said bonds to be paid for out of the county funds. Certified copies of such bonds shall be kept on file in the office of the board. Warrants, how drawn. Bond, approval by ordinary. Copies. Sec. 14. Be it further enacted, That the board shall in regular session, make general plans, specifications and requirements, prescribing the manner and style in which the public roads, bridges and buildings 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 manager with a copy of such plans, specifications and requirements and require the public roads, bridges and buildings of the county to be built and repaired in accordance therewith. Public roads, bridges, etc. Sec. 15. Be it further enacted, That the county manager shall be a man of good moral character, at least twentyfive Page 276 years of age and with practical experience in matters of business and finance and in the management of labor. 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 the conditions existing in said county. He shall be appointed by the board for a term of one year from the first Monday in 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. Qualifications of county manager. Term. Discharging manager. Sec. 16. 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 counsel to represent the county in matters where, in their opinion, the same may be necessary or advisable to protect the interest of the county. Said board of commissioners is also authorized to purchase all office supplies, fixtures, stationery, books, records and all other articles necessary for the use of all county officers, also to build, lease or rent buildings and offices for the accommodation of the court and county officers and a jail to take care of prisoners. County physician and county attorney, when necessary. Counsel. Supplies. Sec. 17. Be it further enacted, That the board shall fix the salary and compensation of all of its officers and employees, which shall be paid out of the county funds as provided by law. Compensation. Sec. 18. Be it further enacted, That the salary or compensation of two members of the board shall be three dollars per day ($3.00) and the chairman four dollars per day ($4.00) for their attendance on the regular and called meetings of the board and to include their attendance at the Page 277 regular meeting of the board on the first Monday in January, 1925, at which time they shall make their final report to the grand jury and for publication as hereinbefore provided, showing books, records, supplies, road equipment and all articles of value which they turn over to their successors, which report shall be recorded in the minute book of the board. The grand jury for the July term of superior court of Lanier County in the year 1924, shall fix the salary or compensation of members of the board by recommendation for the year 1925 and 1926 and thereafter every two years at the session of the superior court next preceeding the general election at which members of the board are elected and such compensation shall be paid from the county treasury or depository 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 the other members of the board. Should no action be taken by the grand jury at such terms of the court the compensation of the members of the board shall remain as fixed by the grand jury for the past two years. Per diem. Report to grand jury. Grand jury to fix salary. Sec. 19. Be it further enacted, That no person shall be eligible to be a member of the board of commissioners of roads and revenues under the provision of this Act, who is not at least twenty-five years (25) 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 of members. Sec. 20. Be it further enacted, That the term of office of the members of the board shall be four years and until their successors are elected and qualified; Provided, however, Page 278 that the members of the board hereinbefore mentioned who constitute the members of the board created by the passage and approval of this Act, shall serve until the first Monday in January, 1925, and until their successors, who shall be elected at the general election in 1924, shall be qualified. Term of office. Proviso. Sec. 21. 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 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. Expenses of election. Sec. 22. Be it further enacted, That in case of the absence of any member of the board at a regular or called meeting of said board the two members present, including the chairman, shall be entitled to vote on all questions which may be presented to them. Two may transact business. 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 Lanier County in all matters which require may 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. Page 279 Sec. 24. Be it further enacted by authority aforesaid That it shall be unlawful for the county manager or the board to purchase any supplies, material, stock, road equipment or other articles of value or contract for any work to be done on the public roads, bridges or other works of the county when the purchase or contract amounts to one hundred dollars ($100.00) or more, without first advertising for competitive bids on such purchase or contract by posting a notice at the courthouse door or by publishing in the official organ of the county (at the discretion of the board), a description of the material and other items needed and specifications for contract at least ten days before the purchase is made or contract let. The county manager and the board shall have the right to reject any and all bids and it shall be unlawful for said county manager or any member of the board to have any financial interest in the sale of or purchase of any articles or contract for the county (not to apply to any lease or contract now in force), 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 for the awarding of any contract for said county and if any county manager or commissioner shall violate any provision 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 21 of this Act. Purchases which shall be unlawful. May reject bids. May not receive commissions, etc. Violation of provisions; punishment. 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 July 28, 1923. Page 280 LANIER COMMISSIONERS; ACT AMENDED. No. 551. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Lanier County, Georgia, approved July 28, 1923, so as to strike from the caption of said Act and from the Act the words county manager wherever the same appears in said Act and in the caption and insert in lieu of the words so stricken the following words, to wit: county superintendent and also strike from the caption and from the Act the words to provide for an executive officer and inserting in lieu thereof the words to provide for a county superintendent and to add a new section to said Act to be known as Section 24-a, said section to set forth the purpose and intent of the General Assembly creating said Act, and for other purposes. Section 1. Be it enacted, and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier, is amended by striking from the caption of said Act and from the Act the following words, to wit: county manager wherever they appear and insert in lieu of the words so stricken the words county superintendent, so that said caption and Act shall read as follows: county superintendent instead of county manager. Act of 1923 amended. Sec. 2. Be it further enacted, That the words, to provide for an executive officer, in the caption and in the bill, and the words executive officer, wherever the same appears be stricken and insert in lieu thereof the words county superintendent. Amending language. Sec. 3. Be it further enacted by authority aforesaid, That said Act is further amended by striking Section six (6) Page 281 in its entirety and substituting a new section to be known as Section six (6), which shall read as follows: New Section 6. Sec. 6. Be it further enacted, That the county superintendent shall not be a member of said board and shall work entirely under the direction of said board. County superintendent not member. Sec. 4. Be it further enacted by authority aforesaid, That if any word, sentence, paragraph or section of this Act, or of the Act creating the Board of Commissioners of Roads and Revenues of Lanier County, should be declared illegal or void the same shall not effect any other portion of this Act, nor of the Act creating said board. Illegal in part not to affect the whole. Sec. 5. Be it further enacted by authority aforesaid, That there shall be a new section added to said original Act to be known as Section 24-a, which shall read as follows: New Section 24-A. Sec. 24-a. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That the intent of this Act is to give to the commissioners of roads and revenues of said county, the authority to select a county superintendent, and that said board may authorize said superintendent to act for and in behalf of said board and under the instructions of said board, and that said Act shall not in any manner be construed to be in conflict with the general law of the State of Georgia. Neither is said Act to be construed as putting the County of Lanier under the county manager form of government. Authority to select county superintendent. Lanier County. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1923. Page 282 LAURENS TREASURER'S OFFICE CREATED. No. 484. An Act to create the office of Treasurer in and for Laurens County; to provide for his appointment until the next general election; to provide for his election thereafter; to provide for his bond; to provide his duties and term of office and for the repeal of an Act approved July 29th, 1919, abolishing the office of Treasurer of Laurens County and creating a depository for 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 aforesaid, That from and after the passage of this Act the office of County Treasurer of Laurens County, be and the same is hereby established and created. Office of county treasurer created. Sec. 2. Be it further enacted by the authority aforesaid, That the office of Treasurer of Laurens County shall be for a term of four years and be elected at the next general election as provided for other county officers in said State, and in the meantime and until the next general election when a treasurer shall be elected and shall qualify, that W. A. Wood of Laurens County, Georgia, be and is hereby made treasurer in and for said county who shall hold said office until his successor is elected and qualified as herein provided. Term of office. Sec. 3. Be it further enacted by the authority aforesaid, That the treasurer of said county shall receive a salary of one thousand ($1,000.00) dollars per year to be paid monthly out of funds belonging to said county; Provided, however, that the premium on bond of said treasurer hereinafter provided for shall be paid by the County of Laurens. That the treasurer of said county before entering upon his duties as such shall execute a bond in some solvent surety company in the sum of twenty-five thousand dollars ($25,000.00), payable to the ordinary of said county and his Page 283 successors in office for the use of Laurens County, and should it appear during his term of office that said bond is not sufficient to cover an amount that shall fully protect the funds of said county at all times, that the board of commissioners of roads and revenues in and for said county shall have a right to assess and increase said bond to such an amount as will fully protect the funds of said county at all times; and in the event said bond should be increased as hereinbefore provided and said treasurer should fail and refuse to make said bond, then the office of said treasurer shall be declared vacant and an election held as provided by the general laws for the election of a treasurer, that said bond so executed by the treasurer shall be approved by the ordinary of said county and filed in his office. Salary. Proviso. Bond. Effect of refusal to make bond. Sec. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of said treasurer and his successors in office to receive and disburse all county funds during said term of office as now provided under the general laws of said State with reference to the office of county treasurer. Duties. Sec. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of the treasurer of said county to keep the same books and records showing the same kind of receipts and disbursements as provided by the general law of said State and to make written reports to the commissioners of roads and revenues of said county of all moneys received by him and all moneys paid out by him; said report to be filed with said commissioners on January first of each year during his term of office. To keep records. Sec. 6. Be it further enacted by the authority aforesaid, That said treasurer, before entering upon the duties of said office, shall execute the bond hereinbefore provided for, and subscribe to an oath that he will faithfully and impartially perform the duties of treasurer of said county Page 284 and make a true and correct statement of all funds that he may receive and disburse as such treasurer during his term of office. Oath. 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 11, 1923. LONG TREASURER'S OFFICE ABOLISHED. No. 279. An Act to abolish the office of County Treasurer of Long County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of November, 1923, the office of County Treasurer of Long County, Georgia, shall be abolished, and such office shall, from and after that date, cease to exist. Office of county treasurer abolished. Sec. 2. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues of said County of Long shall, by a majority vote taken among themselves, select some duly incorporated bank or banks in said county to act as depository or depositories and disbursing agent or agents of and for the public funds of said county. Commissioners to select depository. Sec. 3. Be it further enacted by the authority aforesaid, That such bank or banks as shall be so designated as such depository or depositories and disbursing agent or agents, shall receive no compensation for acting as such, but said Page 285 commissioners shall if possible, get such bank or banks to pay said county interest on daily balances for the privilege of acting as such depository and disbursing agent. Bank to receive no compensation. Interest desired. Sec. 4. Be it further enacted by the authority aforesaid, That no such bank shall be allowed to act as such depository and disbursing agent until it shall have given a bond payable to said commissioners with securities to be by them approved conditioned for the faithful performance of all duties pertaining to said appointment and in a sum of not less than five thousand ($5,000.00) dollars. The property of such bank as well as the security or securities on such bond shall be bound from the time of the execution thereof for the payment of any and all liability arising from the breach of said bond. It shall be within the power of said commissioners to call upon said bank to strengthen or increase said bond to such amount as they deem advisable or to give a new bond at any time and in default of the same being done, to revoke the appointment of such bank as depository and disbursing agent. Bank to give bond. Strengthening bond. Sec. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of each such bank acting as such depository and disbursing agent: Duties. 1. To pay, without delay, when in funds all orders issued by said commissioners or by their authority, according to the dates of such orders. 2. To take a receipt on each order when paid and carefully file it away. 3. To keep a well-bound book, in which shall be entered all receipts, stating when received, from whom and on what account, and all amounts paid out, stating when paid, to whom and on what account. 4. To keep a well-bound book in which shall be entered a full description of all county orders or other form of Page 286 indebtedness as they are presented, and to record a copy of the order of the county authorities levying county taxes. 5. To render reports to and to appear before said commissioners whenever notified, and to appear before any grand jury, on request to render an account of its actings and doings as such depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent whenever notified. Reports; to appear before. Sec. 6. Be it further enacted by the authority aforesaid, That said commissioners shall have the power and authority from time to time to prescribe other reasonable duties and regulations for the government of said depositories and disbursing agents and said depositories and disbursing agents shall be just as much bound to observe the same as those provided for in this Act. Other duties and regulations. Sec. 7. Be it further enacted by the authority aforesaid, That said commissioners shall appoint such depository and disbursing agent or depositories and disbursing agents, and such bond or bonds shall be given on or before the day this Act shall go into effect and the county treasurer of said county then in office shall, on the day this Act shall go into effect, deliver to such depository or depositories, as he may be directed by said commissioners without commission, all county funds then in his hands and he shall at the same time deliver to said commissioners all records, books and papers that he may have pertaining to his office. Treasurer to deliver funds, etc., to depository. Sec. 8. Be it further enacted by the authority aforesaid, That in case said commissioners shall be unable to make satisfactory arrangements with any bank in said county as to its becoming such depository and disbursing agent or in case it should come to pass that there should be no incorporated bank in said county, then said commissioners shall have the authority to appoint some bank in an adjoining county in this State to act as such depository or Page 287 disbursing agent or shall within their discretion appoint some citizen of said County of Long to act as said depository and disbursing agent under the provisions of this Act. Commissioners may appoint disbursing agent. Sec. 9. Be it further enacted by the authority aforesaid, That said commissioners may determine in each case at the time of making the appointment the length of time during which such bank shall act as such depository and disbursing agent. Length of term. Sec. 10. Be it further enacted by the authority aforesaid, That all said depositories and disbursing agents shall be liable, both civilly and criminally, just as county treasurers are liable for any non-feasance or malfeasance of duty, and said commissioners shall have the right to proceed against said depositories and disbursing agents and the securities on their bonds, as county treasurers and the securities on their bonds may now be proceeded against in case of non-feasance or malfeasance in the conduct of their offices. Non-feasance and misfeasance, liable criminally. Sec. 11. Such depository shall, neither directly nor indirectly, purchase any county orders or claims for less than par value, and if they do, shall be guilty of a misdemeanor. No claims for less than par. Sec. 12. It shall be within the discretion of the commissioners to provide suitable books and blanks for said depositories and disbursing agents, and it shall also be within their discretion in case they have to appoint some citizen as said depository and disbursing agent to pay such person a salary as they deem reasonable not to exceed two hundred and fifty ($250.00) dollars per year. Suitable books and blanks. Salary. Sec. 13. 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, 1923. Page 288 MONROE SHERIFF; BOND REDUCED; ACT OF 1873 AMENDED. No. 137. An Act to amend an Act, approved February 22d, 1873, fixing the bond of the sheriff of Monroe County, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That an Act approved February 22d, 1873, fixing the bond of the sheriff of Monroe County, be and the same is hereby amended by striking from Section 3 the following word, twenty, and inserting in lieu thereof the word, five. Act of 1873 amended. Sec. 2. Be it further enacted, That Section 3 when so amended shall read as follows: That the bond of the sheriff of the County of Monroe shall be five thousand dollars. Section 3 to read. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict therewith are hereby repealed. Approved July 27, 1923. MUSCOGEE COMMISSIONERS; AMENDMENT; ELECTION TO RATIFY. No. 187. An Act to amend an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues in the County of Muscogee, and to define their powers, approved August 24th, 1872, as amended by an Act approved February 26th, 1875, and as amended by an Act approved October 13th, 1885, so as to provide for holding of regular and called sessions; to provide that the board shall keep minutes and other books and records open for public inspection during reasonable hours; to provide Page 289 for the publication of quarterly financial statements of receipts and disbursements; to provide for the eligibility of the members of the board, and to prescribe an oath and to provide for the giving of bonds by said members; to provide for the continuation in office of the present members of the board and the extension of their terms of office until the first of January, next, after the expiration of their terms of office under the existing laws; to provide for the election of their successors by the qualified voters of Muscogee County and for the election by the qualified voters of Muscogee County biennially thereafter of one member of the board for a term of six years, to provide compensation for the member of said board after the first day of January, 1924; to provide for the filling of vacancies in said board, occurring from death, resignation or otherwise; to more definitely and clearly define the rights, powers and duties of the members of said board; to provide for the submission of this Act to a vote of the qualified electors of Muscogee County, for their ratification or rejection, at an election to be held subsequent to the passage of this Act, under regulations herein prescribed; to provide a method of recall of commissioners; to provide penalties; to make others and further amendments; and for other purposes. Be it, and it is hereby enacted by the General Assembly of the State of Georgia, as follows: Section 1. The Act entitled, An Act to create a Board of Commissioners of Roads and Revenues in the County of Muscogee, and to define their powers, approved August 26th, 1872, to be found on page 451 of Georgia Laws of 1872, as amended by an Act approved February 26th, 1875, to be found on page 262 of the published laws of the General Assembly of Georgia of 1875, and as further amended by an Act approved October 13th, 1885, to be found on page 448 of the published Acts of the General Assembly of Georgia of 1884-5, is hereby amended by striking therefrom Section 2 of said original Act as amended which is as follows: Act of 1885 amended. Page 290 Sec. 2. Be it further enacted, That the successors of the aforesaid commissioners shall be elected by the grand jury of Muscogee County at the Spring term of the superior court in 1875, and that one of said commissioners to be designated by said grand jury to serve one year from his election, another of said commissioners to serve two years from his said election, and the other of said commissioners to serve for three years from said elections, or until their successors, respectively, are selected and qualified, and that each succeeding grand jury at the Spring term shall elect one commissioner to serve for the period of three years, to fill the vacancy occurring by the operation of this amending Act, and by substituting in lieu thereof as the second section thereof, the following, to wit: Sec. 2. The successors of the aforesaid commissioners shall be elected by the qualified voters of Muscogee County biennially at the general State election, one of said commissioners to be elected at each biennial election, and each shall be elected to serve for a term of six years; Provided, however, that members of said commission now in office shall continue in office until the dates hereinafter set out, respectively, or until their successors shall have been elected and qualified under the provisions of this Act, to wit: The term of S. J. McMath, expiring on or about August 1st, 1924, shall be, and the same is, hereby extended until January 1st, 1925; the term of Rhodes Browne, expiring on or about August 1st, 1925, shall be, and the same is, hereby extended until January 1st, 1926; the term of Charles M. Woolfolk, expiring on or about August 1st, 1926, shall be, and the same is, hereby extended until January 1st, 1927; and in order to conform the present terms of said commissioners so as to provide that one vacancy shall be filled every two years, at the general State elections to be held in 1924 two members of said commission shall be elected, one to serve for four years from the 1st day of January, 1925, and the other to serve for five years from the 1st day of January, 1926. In voting for said two Page 291 commissioners at the election in 1924, the ballots shall be so arranged that the voters shall vote for candidates to fill the term of commissioner thus expiring on January 1st, 1925, and on the same ballot separately for candidates to fill the term of the commissioner expiring January 1st, 1926. At the general election in 1926 one member of said commission shall be elected for a term of six years, and so on biennially, thereafter members of said commission shall be elected for the term of six years or until their successors are elected and qualified. At the general election in 1924 the candidate for membership on said commission to fill the term expiring January 1st, 1925, receiving the highest number of votes shall be deemed duly elected, and likewise the candidate to fill the term expiring January 1st, 1926, receiving the highest number of votes shall be deemed duly elected, and likewise at each biennial election the candidates receiving the highest number of votes shall be deemed duly elected. New Section 2. Election of commissioners; terms. Proviso. Election, terms of office. All said elections for members of said commission shall be held under the laws governing the election of county officers, and returns thereof shall be made in the same manner, and the Governor of the State shall duly commission the successful candidates upon taking the oath of office hereinafter prescribed. Elections, how held. Sec. 2. Section 3 of said original Act, approved August 26, 1872, entitled, An Act to create a Board of Commissioners of Roads and Revenues in the County of Muscogee, and to define their powers, is hereby amended by striking from said original Act Section 3 in its entirety which reads as follows: Sec. 3. Be it further enacted, That vacancies occurring from death, resignation, or otherwise, shall be filled by the remaining commissioners; that the persons chosen to fill the vacancies occurring shall be commissioned for the unexpired term of the outgoing commissioners, and hold office accordingly; that no person shall be eligible as a commissioner until this Act unless he has Page 292 been a resident citizen in the county for at least one year next preceding his qualifications, and by substituting in lieu thereof the following as Section 3 of the same, to wit: Section 3 amended. New Section 3. Sec. 3. Any vacancies occuring on said commission from death, resignation, or otherwise, shall be filled by appointment of the Governor of the State of Georgia, who shall issue a commission to such appointee upon his or her qualification, and such appointee shall hold office to fill such vacancy until the next general State election after the occurring of such vacancy, and at such general State election the qualified voters of said county shall elect the successor of said member who has died, resigned, or otherwise become disqualified, such persons so elected shall hold office until the expiration of the term of the member who died, resigned, or otherwise became disqualified; Provided, in the event that any such vacancy should occur less than twenty days before the date of the next general State election, such appointee shall hold office until the qualification of a successor to be elected at the second general election following the occurrence of such vacancy; provided, further, that if the member so dying, resigning, or otherwise becoming disqualified, shall be the same member whose term next expires, such appointee of the Governor shall hold office only until the qualifications of the successor of such member being elected at the next general election. Vacancies, how filled. Proviso. Sec. 3. The said original Act approved August 26, 1872, being, An Act to create a Board of Commissioners of Roads and Revenues in the County of Muscogee, and to define their powers, is further amended by striking therefrom Section 8, which is as follows: Sec. 8. Be it further enacted, That the said commissioners shall hold four regular sessions annually; Provided, nevertheless, that a majority of the same may convene a session whenever, in their judgment, it may be necessary, and by substituting in lieu thereof the following: Sec. 8. Said commissioners of roads and revenues shall hold regular sessions once a week on a certain date set by the board for Page 293 that purpose, in the courthouse of the county, and may adjourn from day to day until their business is finally disposed of. Extra sessions may be held at any time on call of the chairman, or on the call of 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 a new member shall have been elected, the board shall re-organize by electing one of their number chairman; they shall also elect one of their number vice-chairman. Further amended. New Section 8. Time and place of meeting. Extra sessions. Re-organization. All meetings of the board shall be public, and any citizen may have access to the minutes and records thereof at all reasonable hours. Meetings to be public. Sec. 4. Said Act approved August 26th, 1872, is further amended by striking therefrom Section 11, which reads as follows: Further amended. Sec. 11. Be it further enacted, That the said commissioners shall keep a written record of all their proceedings in a well-bound book, and shall submit the same for the inspection of each grand jury at its regular sitting, and by substituting in lieu thereof the following: New Section 11. Sec. 11. The board shall keep full and correct minutes and records of its official acts in a minute book kept for that purpose; they shall also keep a book showing all receipts and disbursements; also a general ledger, a warrant book, a book containing a complete list of the county property, real and personal, and shall make a record therein of any sale or other disposition of any such property; 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 opened by the board, particularly describing such roads, and shall make a record of all new roads which shall be hereafter granted, or ordered kept opened 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 transaction of the county. They Page 294 shall also provide and keep such other books, papers and records in addition to the foregoing as in their judgment may be necessary and proper for the purpose of transacting the business and affairs of the county. Minutes, records, etc. List of county property. Warrants and vouchers. They shall submit all of the above or such part thereof, as may be called for, for the inspection of the grand jury at each of its regular sessions. Grand jury to inspect. Sec. 5. Said original Act approved August 26th, 1872, is further amended by adding a new section to be known as Section 13, as follows: New Section 13. Sec. 13. The board shall publish quarterly reports within fifteen days after the first days of January, April, July and October of each year once in the gazette of the county in which sheriff's advertisements are published, containing a full and complete statement of the finances of the county during the preceding quarter 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, said statements to be under oath of chairman or vice-chairman. 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. Quarterly reports, containing what. Failure to comply, misdemeanor. Sec. 6. Said original Act approved August 26th, 1872, is further amended by adding a new section to be known as Section 14, as follows: New Section 14. Sec. 14. On and after the first day of January, 1924, each member of the said board, except as hereinafter provided, shall receive a salary of $1200.00 per annum, payable on the first day of each month in equal monthly installments, and shall give bond for the faithful discharge of his or her duties in the sum of $5,000.00 with some bonding Page 295 company doing business in the State of Georgia as surety thereof, payable to the County of Muscogee, conditioned for the faithful discharge of the duties of the office. The premiums on such bond shall be paid by the county, and such bond and the security thereon shall be first approved by the ordinary as the bonds of other county officers, and then filed and recorded by the ordinary as the bonds of other county officers. Salaries of board members. Bond. Premiums on bond; approval by ordinary. For each absence of a member of the board from a regular meeting of the board except for providential cause there shall be deducted from the pay of such member a sum equal to two per cent. of the annual salary. Absence from five consecutive meetings shall operate to vacate the seat of a member, unless the absence is excused by the commission by a resolution setting forth the reasons thereof and entered upon the minutes. Deduction from salary for absence. Five consecutive absences. Each of the commissioners elected or appointed under the provisions hereof shall be commissioned by the Governor for the term of office to which he or she may be elected or appointed, as the case may be, and each member shall, before entering upon the duties of office take and subscribe, in addition to the oath provided by law for other county officials of this State, the following oath, to wit: `I do solemnly swear that I will faithfully discharge the duties of Commissioner of Roads and Revenues of the County of Muscogee, in all matters which require my official action and 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; that in my official conduct I will uphold the Constitution of the State of Georgia and of the United States. 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 County of Muscogee, nor have I influenced my election by the unlawful use of money, or other thing of value, nor Page 296 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 county government, or on the passage or adoption of any resolution 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 within the laws and Constitution of said State and of the United States, so help me God.' Commissioned by Governor. Oath. Sec. 7. Said original Act approved August 26th, 1872, is further amended by adding a new section to be known as Section 14, as follows: New Section 14. Sec. 14. No person shall be eligible to be a member of said Board of Roads and Revenues of Muscogee County who is not at the time of his or her election at least 25 years of age and who shall not have been a qualified voter of the County of Muscogee for at least two years next preceding his or her election and such member of said board during his or her term of office shall continue to be a resident of the County of Muscogee and to be a qualified voter thereof, and upon failure so to do or to be, his or her office shall be declared vacant. Eligibility of members. No person holding the office of commissioner shall hold any other public office except that of commercial notary public or member of the State militia. Women, as well as men, shall be eligible as commissioner. Women may be eligible. No candidate shall expend or promise any money, office, employment or other thing of value to secure a nomination or election. A violation of these provisions, or any of them, shall disqualify a candidate from holding office, if elected. Provisions and penalties. Sec. 8. Said original Act is further amended by adding a new section to be known as Section 15, as follows: New Section 15. Page 297 Sec. 15. No member of the county commission, nor any officer or employee of the county shall directly or indirectly be interested in any contract, job, work or service with or for the county, nor in the profits of emoluments thereof, nor in the expenditures of any money on the part of the county, other than the fixed compensation of such officer, and any contract with the county in which any such officer or employee is or becomes interested shall be declared void by the county commission. Pecuniary interest in work by commissioner prohibited. Contract void. Sec. 9. Said original Act approved August 26th, 1872, is further amended by adding a new section to be known as Section 16 which shall be as follows: New Section 16. Sec. 16. No member of the county commission, or other officer or employee of the county shall knowingly accept any gift, frank, fee ticket, or pass from any person or corporation operating a public utility or engaged in business of a public nature within the county or from any person endeavoring to secure a contract with, or sell to the county any commodity; but this shall not apply to transportation of county policemen in uniform or with badges. Members shall not accept gift, pass, etc. Not to apply to. Sec. 10. All of the provisions of the Act of the General Assembly of Georgia approved August 26th, 1872, being an Act to create a Board of Commissioners of Roads and Revenues in the County of Muscogee and to define their powers and the Act approved October 13th, 1885, being an Act to amend the above mentioned Act by enlarging the powers of said board in regard to the chain gang of said county to be found on page 448 of the published laws of the General Assembly of 1884-5 not antagonistic to with and not in conflict with any of the provisions of this Act shall be and remain of full force and effect. Provisions of Act of 1872 which remain in force. Sec. 11. Any one or all of the members of the said board of commissioners of roads and revenues may be removed from office by the following procedure: Removal from office. Page 298 (a) A petition for the recall of the commissioner or commissioners designated, signed by at least five per cent. of the qualified voters of the county, 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 ordinary of the county, 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 ordinary a defensive statement in not exceeding two hundred words. The ordinary 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 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 the signatures to same. The ordinary shall immediately cause notice to be published in some newspaper of general circulation in the county of the placing of such copies of such petition. Such copies of such petition shall remain on file in the office of the ordinary for a period of thirty days, during which time any of them may be signed by a qualified voter of the county 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 address by street and number, or other definite address or residence. Petition for recall. Publication of notice. (b) At the expiration of said period of thirty days the ordinary 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 last general election. If such signatures do amount to such per cent., he shall at once serve notice of that fact upon the commissioner or commissioners designated in the petition, Page 299 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 the commissioner or commissioners designated in the petition. Twenty-five per cent. of registered voters must sign petition. (c) If the commissioner or commissioners, or any of them, designated in the petition, file with the ordinary within five days after the last mentioned notice from the ordinary, his or her or their written resignation, the ordinary shall at once notify the commission of that fact, and such resignation shall be irrevocable and the Governor shall proceed to fill the vacancy. In the absence of any such resignation, the ordinary shall forthwith order and fix a day for holding a recall election for the removal of those resigning. 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 ordinary shall call a special election to be held within the period aforesaid. Resignation; Governor to fill vacancy. Recall election, when held. (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: Question. Shall be removed from the office of county commissioners by recall? Immediately following such question there shall be printed on the ballots the two propositions in the order here set forth: Ballots to read. For the recall of. Against the recall of. Those voting for the recall of a commissioner shall draw a mark through the words Against the recall of, Page 300 and those voting against the recall of the commissioners shall draw a mark through the words For the recall of. (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 the office upon the announcement of the official return of that election, and the vacancy caused by such recall shall be filled by the Governor. Removal by majority vote. (f) No petition to recall any commissioner shall be filed within six months after he or she takes office. No person removed by recall shall be eligible to be elected or appointed for a period of two years after the date of such recall. The ordinary shall preserve in his office all papers comprising or connected with a petition for a recall for a period of one year after same were filed. The method of removal herein provide for is cumulative of such other methods as will, are, or may be, provide by law. Not eligible for re-election until two years. (g) No person shall falsely impersonate another or purposely write his or her name or residence falsely in the signing of any petition for recall, or forge any name thereto or sign any such paper with knowledge that he is not a qualified voter of the county, 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 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 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 shall upon conviction be punished as provided by Section 1065 of the Penal Code of the State of Georgia. Penalty for falsely signing petition. Page 301 Such recall election, whenever held, shall be held subject to the same rules and regulations as are expressed and provided for the holding of the referendum election herein as provided in Section 12 and in accordance with the secret or Australian ballot system as herein provided. The returns of the same shall be made to the Governor of the State, one copy of the returns, duly certified, together with other papers, shall be filed with the clerk of the superior court as herein provided for the referendum election. Any vacancy occurring from resignation after the filing of the petition for removal, or any vacancy occurring from removal shall be filled by the Governor as herein provided in this Act for other vacancies and subject to all other terms and provisions thereof. Rules and regulations. Vacancies, how filled. Provided, however, that if more than one vacancy should occur on said board at any time or within ten days after the occurrence of first vacancy, either by resignation, removal or otherwise, the Governor of the State shall fill such vacancy by appointment, such appointees shall hold office until after the holding of a special election to fill such vacancies and the persons elected at such special election shall have duly qualified. The ordinary of the county is hereby authorized to call such special election to be held on a day not more than thirty days from the date of the occurrence of the last vacancy and shall publish notice thereof once a week for three weeks preceding such special election in the newspaper in which sheriff's sales for said county are published and the persons so elected at such special election shall hold office for the remaining portions of the terms of the commissioners whom they were elected to succeed. Should such vacancies occur within a period of not more than ninety days nor less than twenty days prior to a general election, then such successors shall be elected at said general election. Proviso. Special election may be called. Whenever, at any time under the provisions of this Act, more than one commissioner is to be elected, either at a general or special election, the voters shall vote separately Page 302 for candidates to fill each particular vacancy and the ballots shall be arranged accordingly and the candidates to fill such vacancies, respectively, receiving the highest number of votes shall be declared elected. To vote separately. Sec. 12. On the sixth day of October, 1923, an election shall be held in said County of Muscogee submitting to the qualified voters of said county the question of adoption or rejection of the provisions of this law and under the regulations hereinafter provided. Those favoring adoption shall have written or printed on the ballots, For ratification of the Act providing for election of county commissioners by the people and other amendments, and those opposing adoption shall have written or printed on their ballots, Against ratification of the Act providing for election of county commissioners by the people, and other amendements. The ordinary of the County of Muscogee shall appoint the managers or superintendents and clerks and make all usual and necessary provisions therefor, providing as many polling places at said courthouse as may be deemed expedient, one of which polling places shall be exclusively for qualified negro voters. The expense incurred by said ordinary in holding said election and making provisions therefor shall be borne by the County of Muscogee, and said ordinary shall draw his warrant on the treasurer of said county for the aggregate amounts thereof, which shall be honored by said treasurer. Said election shall be held in the same manner and under the same regulations as elections for county officers with the following exceptions: Election, October, 1923. Expense. Exceptions. (1) The polls shall be opened at the courthouse precinct between the hours of 6 o'clock A. M. and 7 o'clock P. M. and at the other precincts in the county from 8 o'clock A. M. to 4 o'clock P. M., except the polls for Bozeman's district which shall open at 6 o'clock A. M. and close at 7 o'clock P. M. Hours of voting. Page 303 (2) Any voters not residing within the city limits of Columbus may vote at the courthouse under the same terms as apply in general elections. Who may vote. (3) It shall be the duty of the ordinary of said county to provide at each of the polling places a private room or booth or booths, or inclosure or inclosures with such compartments therein so as to accommodate the persons qualified to vote at such polling places, and with all other provisions, regulations and requirements so far as the same may be applicable with reference to the preparation and safeguarding the polling places and the printing and safeguarding of the ballots to be used in said election in strict accordance with that certain Act of the General Assembly of Georgia being an Act to provide a secret and private ballot, at all elections held in the State known as the Australian Ballot Law, approved August 21st, 1922, and to be found on pages 97 to 106 et seq. of the published Acts of 1922, it being distinctly hereby provided that said ordinary shall have prepared and printed ballots for such elections in accordance with said Australian Ballot Law with both the affirmative and negative of the proposition printed on each ballot so that the voter may cast his ballot in accordance with his desire by marking out or erasing either the affirmative or negative of the proposition. Polling places. Ballots. (4) After the polls are closed the managers or superintendents of election at each polling place shall count the ballots, and make up the precincts returns and shall place one list of voters, one registrations list, one tally sheet and one copy of the other elections papers in the ballot box for that precinct and shall seal up the same with the ballots in the ballots box; and shall put another copy of the returns tally sheets, list of voters and other election papers into a separate package; and this package and the ballot box shall be deposited as soon as possible after the count is finished with the clerk of the superior court who shall safely keep them in the vault at the courthouse until noon on October 8, 1923, when he shall deliver them to the Page 304 superintendents for consolidation. At noon on October 8, 1923, the election superintendents or a majority of them shall meet at the courthouse and consolidate the returns and shall prepare two consolidations sheets or certificates showing the number of votes cast For ratification of the Act providing for election of county commissioner by the people and other amendments, and the number of votes cast Against ratification of the Act providing for election of county commissioners by the people and other amendments. Returns, how made. Consolidate returns. (5) One certificate together with one copy of all election papers including the oaths of the superintendents shall be sealed up and without delay mailed to the Governor and the other with like accompaniments shall be turned over to the ordinary of Muscogee County who shall by order to be entered on his minutes, declare the results and shall then turn over the ballots and other election papers to the clerk of the superior court of the county and by him deposited in his office. If a majority of the votes cast at said election are For ratification of the Act providing for election of county commissioners by the people and other amendments, then all of the provisions of this Act shall be of full force and effect in said county thereafter. If a majority of the votes cast at said election be Against ratification of the Act providing for election of county commissioners by the people and other amendments, or in the event there should be a tie, then none of the provisions of this Act shall have any further force or effect whatsoever. Certification of returns. Sec. 13. In the event of the ratification of this Act all political parties holding primaries to nominate candidates for county commissioners shall hold same on same date as primaries for other county officers, and such primaries shall be held in strict accordance with that certain Act of the General Assembly of Georgia, being an Act to provide a secret and private ballot, at all elections held in this State, known as the Australian Ballot Law, approved Page 305 August 21st, 1922, and to be found on pages 97 to 106 et seq. of the published Acts of 1922, it being distinctly hereby provided that said Act, with all of its provisions as to primary elections, shall apply, whether the same shall be recommended by the grand jury as provided in said Act or not. Primaries on same date. Sec. 14. This referendum election shall be considered to be called upon the approval of this Act by the Governor of the State of Georgia, and all of the rules and regulations relative to the preparation of original and supplemental lists of voters as set forth in Sections 55 to 75 of the Civil Code of Georgia of 1910, and Acts amendatory thereof, shall be and are hereby made applicable to this referendum election. Sections 55 to 75. Civil Code, cited. Sec. 15. All conflicting laws are repealed. Approved August 2, 1923. NEWTON COMMISSIONER'S OFFICE CREATED; BOARD OF DIRECTORS. No. 120. An Act to repeal an Act of Georgia Laws 1919, pages 707-709 inclusive, approved August 18, 1919to provide a board of directors for said county, and one commissioner in lieu of five as now provided, to fix the salary of said commissioner and of said board of directors, 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 1st day of January, 1925, the county affairs of Newton County shall be administered by one commissioner and for that purpose the office of Commissioner of Roads and Revenues of Newton County is hereby created. He shall have such control of the roads, Page 306 revenues, public property and county affairs generally, as is now conferred by law on the present board of county commissioners of roads and revenues of said county except as specially qualified by this Act. Act of 1919 repealed. Office of commissioner created. Powers. Sec. 2. Be it further enacted, That said commissioner shall be elected at the same time and manner as county officers of said County of Newton are elected, and his said term of office shall be for four years and until his successor shall be elected and qualified, and his said term of office shall begin on the first Monday in January, 1925, at the same time other county officers shall take their office. And he shall, therefore, be elected at the same time and manner as provided for other county officers for said county. Manner of election: term of office. Sec. 3. Be it further enacted, That said commissioner, before entering upon the duties of his office, shall give a good and sufficient bond to be approved by the ordinary of said county in the sum of ten thousand dollars for the faithful discharge of his duties as county commissioner in the carrying out of all the duties of his office, as provided by this Act, and for any violations or neglect of duty as provided by this Act, said bond shall become actionable, suit thereon to be brought in the name of the ordinary of said county, for the use of any person damaged thereby, or for the County of Newton for any breach thereof by malfeasance or misfeasance in office or for any tort, or wrong committed under color of his office. Bond. Sec. 4. Be it further enacted, That said commissioner shall before entering upon the duties of his office make oath before the ordinary of said county to faithfully administer all things and affairs coming under his jurisdiction as county commissioner to the best interests of said county and to carry out the provisions of this Act. Oath. Sec. 5. Be it further enacted, That the salary of said commissioner shall be recommended by the grand jury of said county at the January term of Newton superior court convening next following said election to be approved Page 307 by the judge of said court, and said salary to be paid monthly out of treasury of Newton County by the county treasurer, on warrant drawn by said commissioner and said salary shall not be for less than $2,100.00 per annum, and said salary shall be fixed during the term of said commissioner, but it shall be the duty of said grand jury after each general election at the January term of Newton superior court to recommend the salary to be paid for the next four years to the judge of said court, but in no event is said salary to be less than $2,100.00 per annum. Salary. How paid. Sec. 6. Be it further enacted, That said commissioner shall have a clerk to keep all books and records of his said office, and his salary to be recommended by the grand jury at the January term next after said general election, to the judge of said court, who shall so order said salary to be paid out of the county treasurer of said county upon a warrant issued therefor by said county commissioner, to be paid monthly, and in no event shall said salary be less than six hundred dollars per annum. Said clerk shall perform all duties required of him by said commissioner in keeping all the records and minutes of said office, and keeping his said office open and all records open to public inspection to any tax payer of said county. Clerk; duties; salary, etc. Sec. 7. Be it further enacted, That it shall be unlawful for any candidate for said office or for any nomination therefor, to enter into any agreement or understanding with any person or persons as to the disposal of any work, the purchase of any supplies, or any appointment which is or shall be under the control of said commissioner and any person so offending shall be ineligible to hold said office and upon conviction shall be punished as for a misdemeanor. Candidate shall make no agreement. Sec. 8. Be it further enacted, That said commissioner shall select one regular day of each week, during the working hours of which he shall remain at his office in the court-house and the balance of his working time, unless necessarily required for the transaction of public business Page 308 in his office, shall be spent in direct personal supervision of the laying out of the road work, inspection of roads and bridges and other public property, or any other duty required by this Act, and especially of the measure and delivery of supplies to the convict camp and the general direction and the management of said camp in the most economical manner. Office hours. Duties. Sec. 9. Be it further enacted, That said commissioner shall keep in constant touch with the office of the Director of Public Roads of the United States Department of Agriculture and the office of State Highway Commissioner of the State of Georgia, and shall secure, keep in his office and familiarize himself with all the free bulletins bearing upon the subject of public road building, including surfacing of said roads and the materials best suited for surfacing same, and when offered he should use expert road engineer whenever possible to obtain. Other duties. Sec. 10. Be it further enacted, That it shall be the duty of said commissioner to supply from the ad valorem tax for roads such road machinery, mule power and other equipment as shall be necessary to work each and every public road in the county with free hired labor and the commutation tax to be paid into the county treasury of said county to be used by said commissioner in any part of the county as he thinks will be of best benefit. Equipment. Sec. 11. Be it further enacted, That the county convict force shall be employed in the work of permanent road building and so far as practicable shall be kept together. The permanent road work under this Act shall be done first in that section or those sections of the county where it shall be of the greatest good to the greatest number. The commissioner shall find out and apply the most efficient means of keeping in state of continuous repair all such permanent road mileage by any means he may think best in the keeping of the surface of said roads smooth. Said work to be paid for out of the county treasury. Convicts employed on permanent roads. Page 309 Sec. 12. Be it further enacted, That said commissioner shall keep a book of vouchers signed by the party or parties of whom supplies may be bought and by such party or parties itemized in every important particular, stating the number of articles or pounds, etc., rate, price, the purpose for which to be used, and the total amount received. Said commissioner shall keep all vouchers always in binding and always accessible to public inspection and for the use of the grand jury, board of directors, created by this Act, or the auditor. Book of vouchers. Sec. 13. Be it further enacted, That said commissioner shall at the end of each month make out an itemized account of all the transactions of his office, stating the amount of money or moneys received and from what source, the amount of money or moneys expended and for what purposes during that month and post the same on the bulletin board at the courthouse within ten days after the end of each month, there to remain for a period of thirty days. He shall undersign each monthly statement so posted and make oath as to the correctness of same before the ordinary of said county. Itemized account of transactions. Sec. 14. Be it further enacted, That it shall be a misdemeanor for the commissioner, his clerical assistant, any one serving under him, or any one employed upon the road force of Newton County to have any financial interest in the sale or purchase of any article to or from the county, or to keep and feed at the camp any horses, cows, hogs or other domestic animals other than those used exclusively in the service of the county. Any person so offending shall upon conviction be punished as for a misdemeanor. Commissioner nor assistants can have no financial interest in purchase of supplies. Penalty. Sec. 15. Be it further enacted, It shall be the duty of said commissioner to make out and keep in his office a list of all persons in Newton County subject to the commutation tax and arrange the same according to the militia district in which they reside and it shall be the duty of said commissioners to collect this commutation tax from Page 310 all persons subject to said tax with reasonable cost for collection, same said funds so received shall be kept separate from other funds but to be used by said commissioner as prescribed by this Act. Tax list. Sec. 16. Be it further enacted, That it shall be the duty of said commissioner to hold a commissioners court on the first Tuesday in each month for the purpose of disposing of such business as may legally come before it and he shall have authority to try all defaulters and shall have all the power vested by law in courts of this kind in this State. Commissioner's court. Sec. 17. Be it further enacted, That in case of a vacancy in this office by reason of death, resignation, or otherwise that the ordinary of said county shall perform all the duties of said office until his successor is elected and qualified and shall receive for his said services the same salary received by said commissioner and said vacancy shall be filled by an election called for this purpose under the same rules and regulations as that now prescribed by law for the election to fill a vacancy in the office of clerk of superior court. Vacancy to be filled by ordinary. Sec. 18. Be it further enacted, That there shall be created a board of directors to be recommended by the grand jury at the January term, next after the general election of which said county commissioner shall enter upon the duties of his office, to be composed of three upright and intelligent persons and said recommendations certified to the judge of the superior court and by him appointed. It shall be the duty of said board to meet with said commissioner at each monthly meeting, said commissioner to be chairman of said board and all controverted questions arising concerning county and county matters shall be referred to said board of adjudication, subject to the approval of said county commissioner. It shall further be the duty of the said board to pass upon all competitive bids for supplies to be used by said county and to award to the lowest bidder a contract to supply said county, said competitive bids to be made monthly. It shall further be the duty of said Page 311 board together with the county commissioner to make up a tax rate for said county in the manner as now prescribed by law. Said board of directors shall receive for their compensation for services the sum of five dollars per day each. No member of said board shall have the right of competing in any bids of any kinds for supplies or otherwise either by himself, his firm or a corporation of which he is a member. And in violation of this section he shall be punished as for a misdemeanor. It shall further be the duty of said board of directors to assist the county commissioner in making up his report to be submitted to the grand jury of said county which shall be done at the fall term of the superior court each year. Said board of directors shall hold their office for one year or until their successors are appointed and qualified. Before entering upon their duties of said office said board shall take the following oath before the ordinary of said county, to wit: We, and each of us, do solemnly swear that we will fairly and faithfully discharge the duty of our office to the best of our ability, so help us God. Board of directors. Duties of board. Compensation. Term of office. Oath. Sec. 19. Be it further enacted, That the grand jury sitting at the Spring term of the superior court each year shall appoint a board of auditors or a auditing company as they may see fit to audit the books and accounts of said commissioner and it shall be the duty of said auditing board to audit all the books, accounts and transactions of the office of the said commissioner and said board shall have the power to examine on oath said commissioner or any person serving under him or any or all the board of directors serving with him relative to any account or item on said books and accounts or any transaction in said office. Said board shall perform its duties herein prescribed and submit a report of its findings to the grand jury sitting at the fall term of the Newton superior court. The grand jury employing said auditing board shall recommend what sum shall be paid for said work and said commissioner shall be required to draw his warrant for this amount and pay Page 312 said auditing board as the case may be for their services in this behalf. Said report to be published in county newspapers where legal advertisements are published. Board of auditors. Compensation. Report to be published. Sec. 20. Be it further enacted, That the Act approved August 18th, 1919, creating a board of commissioners, Georgia Laws 1919, pages 707-709, inclusive, be and the same are hereby repealed after January 1st, 1925. Act of 1919 repealed. Sec. 21. All laws and parts of laws in conflict with this Act are hereby repealed. Approved July 27, 1923. SCREVEN COMMISSIONERS; ACT AMENDED. No. 433. An Act to amend an amendment to an Act entitled, An Act to create the office of County Commissioners of Screven County, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act, Section 6 of an amendment to an Act entitled, An Act to create the office of County Commissioners of Screven County, be and the same is hereby amended by inserting immediately after the word thereof in line 10 of Section 6 of the Acts of 1915, page 347, the words with not less than two of the other members of the board of commissioners, so that said section when amended shall read as follows: Be it enacted, That said board of commissioners at their first meeting in January, 1917, shall elect one of their number as chairman of said board for a term of four years, unless removed by a majority vote of said commissioners. He shall preside at all meetings of the board when he is present, shall be the executive officer of said board and shall sign as chairman thereof, with not less than two of Page 313 the other members of the board of commissioners, all contracts and county warrants which shall also be countersigned by the clerk of said board. Warrants shall be issued only when the board is in session. He shall when it is deemed necessary by himself, or by any member of said board upon notice to him, call a special meeting of said board and shall through the clerk of said board give to other members thereof at least one day's notice of said meeting. Such board of commissioners shall also at the same time and place elect one of their number as vice-chairman, who shall in the absence of the chairman preside over the meeting of said board and discharge all duties required of said chairman. Act of 1915 amended. Section 6 to read. Organization of board. Warrants. Special meeting; notice thereof. 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, 1923. SEMINOLE COMMISSIONERS; ACT OF 1920 AMENDED. No. 570. An Act to authorize and empower the Board of Commissioners of Roads and Revenues of Seminole County, Georgia, to use chain gang force of said county in the construction and improvement of public works in said county, such as the grading, clearing of school sites, the ditching and draining of any malarial infested area, and in the construction of any other public improvement in said county, that in the discretion of said board may be to the best interest 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 Section 9 of an Act approved August 16th, 1920, and Page 314 entitled, An Act to establish a Board of Commissioners of Roads and Revenues for the County of Seminole, to provide for the manner of their election, to define their powers and duties, and for other purposes, be amended by adding to said Section 9, after the words in establishing, maintaining and working the chain gang on the public roads and bridges of said county the words or public property or buildings, or schoolgrounds or schoolhouses, or for other uses or purposes to be determined in the discretion of the board of commissioners of roads and revenues of said county, so that said Section 9 when amended shall read: Act of 1920 amended. Amending language. Section 9 to read. Sec. 9. Be it further enacted by the authority aforesaid, That said board of commissioners shall have exclusive jurisdiction and control over the following matters, to wit: In managing and controlling all property of the county as they may deem it for the best interest for the county according to law; in levying general taxes for general purposes and special taxes for special purposes, according to law; in establishing, maintaining or abolishing all roads, bridges and ferries, according to law; in establishing or abolishing or changing election precincts or militia districts; in supervising the books of the tax collector and tax receiver; in allowing insolvent lists of the county; in having an accounting with all county officers charged with receipt and disbursement of county funds, and bringing them to a settlement; in establishing or abolishing or changing election precincts or militia districts; in supervising the books of the tax collector and tax receiver; in allowing insolvent lists of the county; in having an accounting with all county officers charged with receipt and disbursement of county funds, and in bringing them to a settlement; in providing for the paupers of the county; and for the promotion of the health of the county, in accordance with law; in examining the tax digests of the county and the correction of errors therein; in regulating and fixing license fees as may be provided by law; in supplying by appointment all vacancies Page 315 in county offices and ordering elections to fill the same; in examining, settling and allowing all claims against the county; in establishing, maintaining and working the chain gang on the public roads and bridges of said county, or public property or buildings, or schoolgrounds or schoolhouses or for other uses or purposes to be determined in the discretion of the board of commissioners of roads and revenues of said county, as provided by law; in electing and appointing all officers and employees of said county, whose election is not provided for by law, and in fixing their duties and compensation and in making all rules and regulations covering the scope and duty of such officers and employees; in fixing a commutation road tax, or the number of days of work in lieu thereof, according to law, and in trying and punishing road defaulters; and in general to have and exercise all the powers heretofore vested by law in the ordinaries of the counties of Georgia when sitting for county purposes, and to exercise all other such powers as are granted by law, or as may be indispensable to their jurisdiction over county matters or county finances, including the power to administer oaths, subp[UNK]na witnesses and punish for contempt. Said board of commissioners shall also have authority to levy a tax or use the proceeds of any sale of legally authorized bonds of the county; to procure a site or sites and erect thereon a courthouse and jail. Said board shall have the authority to select said site or sites as in their discretion may seem suitable for said purposes, and acquire the same for the county by purchase or gift, and erect thereon said courthouse or jail. Jurisdiction. To levy tax. Erect courthouse and jail. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. Page 316 SUMTER COMMISSIONERS; ACTS AMENDED. No. 246. An Act to amend an Act entitled, An Act to create a Board of County Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13th, 1871, and the several Acts amendatory thereto, so far only as the same relates to the County of Sumter, and especially the amended Act of 1906, so as to authorize the commissioners of the County of Sumter to pay the chairman of the Board of County Commissioners of Roads and Revenues for Sumter County a salary not to exceed five hundred dollars 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 authority of the same, That the Act approved December 13th, 1871, entitled, An Act to create a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, and the several Acts amendatory thereof, and particularly amending the amendatory Act approved August 20th, 1906, be and the same, insofar only as they relate to the County of Sumter, are hereby amended by striking the last four lines of Section 1 of said Act, and inserting in lieu thereof, the following: The chairman of the Board of Commissioners of Roads and Revenues for the County of Sumter, beginning January 1st, 1924, shall be paid a salary not to exceed five hundred dollars per annum; each of the other commissioners shall be paid a salary not to exceed one hundred dollars per annum, from the treasury of said county for their services as such commissioners of roads and revenues. Acts of 1871 and 1906 amended. Amending language. 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, 1923. Page 317 TELFAIR BOARD OF COMMISSIONERS CREATED. No. 37. An Act to create a Board of Commissioners of Roads and Revenues for the County of Telfair; to define their powers and prescribe their duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a Board of Commissioners of Roads and Revenues for the County of Telfair be and the same is hereby established to consist of five members and persons eligible to hold other county offices in said county shall be eligible to hold the office of commissioner of roads and revenues in said county. Board of commissioners created. Sec. 2. Be it further enacted, That the following named citizens and residents of said County of Telfair, viz.: W. A. Willcox, G. A. Burch, A. T. Holland, D. C. McLean and W. R. Ward, are hereby appointed and constituted the members of said board of commissioners of roads and revenues of said county, and shall hold their offices, unless removed by death, resignation or otherwise, until first day of January, 1925, and until their successors are elected and qualified. Members of board. The successors of the said members of said board shall be elected at the next general election, and every period of four years thereafter, by the qualified voters of said county. At the next general election and every four years thereafter five persons shall be elected as members of said board of the qualified voters of said county, to hold their offices for a period of four years, and until their successors are elected and qualified. Members to be elected: term of office. Sec. 3. Be it further enacted, That the members of said board shall elect one of their number as chairman, and before entering upon the discharge of their duties each member of said board shall give a bond, signed by a responsible surety company as surety, payable to and approved by the ordinary of said county, as follows: Organization. Bond. Page 318 The chairman of said board shall give a bond in the sum of twenty-five thousand dollars, conditioned that he will faithfully perform the duties incumbent on him as such chairman and will faithfully account for all funds coming into his hands, passing under his control, or expended by virtue of his direction as such officer. Each of the other members shall give a bond in the sum of one thousand dollars conditioned that he will faithfully discharge the duties of his office and account for any misappropriation participated in by him or any of the public funds or property passing under his control as a member of said board. Such bonds shall be filed in the office of said ordinary and be recorded and safely kept by him. Bond of chairman. Bond of members. The premiums of said bonds shall be paid by said county. Premiums. The members of said board and their successors shall be commissioned by the Governor upon their taking the usual oath of public officers and also an oath to faithfully discharge the duties of their office. Commissioned by Governor. Sec. 4. Be it further enacted, That said board of commissioners of roads and revenues shall have the authority to employ a competent bookkeeper, fix his compensation and prescribe his duties and such employee shall act as clerk of said board. Bookkeeper. Said board shall have an office in the courthouse in the said county for the transaction of business and to be kept open during the usual office hours, Sundays and holidays excepted; and during such office hours the books of said board and other public records in its custody shall be subject to inspection by any citizen of said county; Provided such inspection shall be so conducted as not to seriously interrupt or impede the necessary business of said board or its employees. Office in courthouse. Public inspection. Proviso. Sec. 5. Be it further enacted, That said chairman shall be the executive officer of said board and shall devote his entire time and attention, or so much thereof as may be necessary, to the business of said county, within the scope Page 319 of the jurisdiction of said board. He shall have control of the moneys, funds, and property of said county to be handled and disbursed by direction of said board as hereinafter provided, and shall be responsible for all moneys, funds and property that may come under his control, by virtue of his office. All vouchers, warrants, checks, drafts, contracts and evidences of indebtedness, to be valid, shall be duly signed by said chairman and be entered upon the minutes of said board, and shall be authorized by said board, and such approval duly entered upon said minutes. Duties of chairman. Said chairman by approval of said board shall also make all purchases that may be necessary for said county or its departments and shall sign all contracts entered into by said board with reference thereto. Such purchases and contracts to be first passed upon and authorized by said board; Provided, that in cases of immediate necessity or emergency, said chairman may make purchases of supplies not involving more than the sum of two hundred dollars, without first being authorized by said board. Such purchases to be submitted to said board at the first meeting thereafter, and to be then approved or rejected by said board. Chairman to make purchases. Proviso. Sec. 6. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues shall have jurisdiction of the following subject matters in said county, to wit: In managing and controlling the property of said county and in the matter of levying and collecting taxes, as provided by law; in establishing, altering and abolishing roads, ferries and bridges and constructing, building, maintaining and working the public roads, bridges and highways of said county, and in removing obstructions therefrom; in controlling, operating and managing the chain gang in said county, and also establishing and changing election precincts and militia districts; in supplying by appointment to all vacancies in county offices where such power heretofore devolved by law upon the ordinary, and also to order elections to fill such vacancies Page 320 in examining and auditing accounts and legal claims against said county and authorizing payment thereof; in examining and auditing the accounts of all officers having the care, management, control, collection or disbursement of any money or funds belonging to said county or appropriated for its use, or benefit, and bringing them to a settlement; in regulating and managing the paupers and in disbursing the pauper funds of the county, and in acquiring a farm in said county for the use of such paupers and for raising supplies for the chain gang of said county; in regulating the matter of peddling in said county, and fixing the costs of license therefor as they may think proper, and in adopting such measures to promote public health as they may deem advisable. And said board of commissioner of roads and revenues shall have and exercise all power heretofore vested in the ordinary, when sitting for county purposes, and have such other powers as are granted by law, or as may be indispensable to the jurisdiction of said board. Jurisdiction of board. Powers. Sec. 7. Be it further enacted, That said board shall have authority to employ county physicians for the purpose of giving proper medical aid and treatment to paupers, convicts and prisoners of said county, and for the performance of such other services as may be necessary in relation to the administration of the county affairs by said board. And said board shall have authority to employ a county attorney or attorneys and prescribe their duties in reference to advising said board and chairman on all legal matters in reference to the administration of said board and to represent said county in all matters of suits or claims. County physicians. County attorney. Sec. 8. Be it further enacted, That said board shall be authorized to employ a warden, guards and superintendent of roads and such other employees as may be necessary for the proper building, maintaining and repairing roads and bridges; for operating the county chain gang, or in other matters within the jurisdiction of said board. All persons Page 321 employed by said board in the administration of the affairs of said county shall be subject to be discharged or dismissed by said board whenever said board shall find that it is to the interest of said county for such employees to be discharged or dismissed. Warden, guards, etc. Sec. 9. Be it further enacted, That said board shall keep minutes of all their acts and proceedings, and shall keep or have kept a system of books according to modern methods in which shall be properly entered all the receipts, purchases, expenses and disbursements of said board and the chairman thereof, properly itemized and dated, and showing the amount of all unpaid vouchers, notes, drafts, checks and obligations that have been made or issued by them, and also showing the true financial condition of the county. Minutes and books to be kept. On the first of each month said board shall publish, at a cost not exceeding 20 cents per square, in a newspaper published in said county, an itemized statement of all receipts and disbursements and purchases of said board during the month preceding. If such report can not be published in such newspaper at said price, then said board shall post the same in the corridor of the courthouse of said county. Itemized statement to be published. At the first regular term of the superior court of said county after the organization of said board, at which a grand jury is impaneled, said board of commissioners shall submit a report showing the true financial condition of said county, together with a statement of all receipts and disbursements of said board; and at each regular term of said superior court thereafter, said board shall submit to the grand jury of said county a similar report, containing the receipts and disbursements since the last report of said board to said grand jury. Financial report to be submitted. Sec. 10. Be it further enacted, That the chairman of said board shall receive for his salary the sum of $50.00 per month, and the other members of said board shall receive as compensation for their services five dollars per day for Page 322 each day's actual service in the performance of their duties. Said board shall have the power to allow said chairman his actual traveling expenses in addition to the salary herein named, and they may also allow any other member the actual traveling expenses incurred by him in the performance of duties, other than attending meeting of said board. Salaries. Traveling expenses. Three members of said board shall constitute a quorum at any and all sessions of said board, but it shall be necessary for at least three members to concur on any matter requiring official action, regardless of the number present; and the minutes shall be verified by the signatures of the members present and acting at the time the matters therein recorded were acted on. Quorum. Sec. 11. Said board of commissioners shall, until otherwise provided by its order, hold monthly sessions at the courthouse in said county on the first Monday in each month, but may adjourn from time to time and hold adjourned and special sessions, as may be necessary or convenient. Monthly sessions. Said board may change the date of its regular monthly sessions by an order duly entered upon the minutes of the board. Special sessions may be called by the chairman, or by a majority of the board. All members shall be duly notified of the call of special sessions, if practicable. May change date of meeting. All process, original, reissue or final and citations and notices issued by, or on behalf of said board, shall be signed either by the chairman of said board or by the clerk thereof under test of the chairman, except in cases where the law otherwise provided. Process, citations, etc. Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved July 19, 1923. Page 323 TELFAIR COMMISSIONER'S OFFICE ABOLISHED. No. 38. An Act to repeal the present local law creating the office of Commissioner of Roads and Revenues for Telfair County, to wit: An Act entitled An Act to create the office of Commissioner of Roads and Revenues for Telfair County, and for other purposes, approved August 8th, 1916, and the Acts amendatory thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage and going into effect of this Act, that an Act entitled An Act to create the office of Commissioner of Roads and Revenues for Telfair County; to provide for an appointment until the April term of the superior court of said county, 1920; to provide that at that session of said court and quadrennially thereafter, the grand jury shall recommend a successor; to prescribe the duties, qualifications and powers of such office; to fix his salary; to provide for a clerk, and for other purposes, passed and adopted by the General Assembly of Georgia at the session of 1916, and approved August 8th, 1916, and all Acts of said General Assembly amendatory thereof, be and the same are 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 are hereby repealed. Approved July 19, 1923. TWIGGS BOARD OF COMMISSIONERS ABOLISHED. No. 142. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Twiggs, to prescribe their duties and fix their Page 324 compensation, and for other purposes, approved August 10th, 1915, which said Act was amended by an Act approved August 18th, 1917, and by an Act approved August 12th, 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 from and after the passage of this Act, an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Twiggs, to prescribe their duties and fix their compensation, and for other purposes, which said Act was approved August 10, 1915, and which was amended by an Act approved August 18th, 1917, and by an Act approved August 12th, 1920, be and the same is hereby repealed. Acts of 1915, 1917 and 1920 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all the amendments to said Act, approved August 10th, 1915, to wit: The Act approved August 18th, 1917, and the Act approved August 12th, 1920, be and all of the same are hereby repealed. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1923. TWIGGS BOARD OF COMMISSIONERS CREATED. No. 163. An Act to create a Board of Commissioners of Roads and Revenues for the County of Twiggs, consisting of five members; to prescribe their duties and fix their compensation; to prescribe their qualifications; to provide for the election of said commissioners; to provide for a clerk and attorney of said board and fix their compensation; to provide for the publication of quarterly reports Page 325 of the acting and doings of said board; to provide for election of chairman, to provide for vacancies on said board, to prohibit any one connected with said board from any financial interest connected with any sale or purchase, to provide a penalty therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be established in and for the County of Twiggs a board of commissioners of roads and revenues to consist of five members. Board of commissioners created. Sec. 2. Be it further enacted by authority aforesaid, That S. C. Jones, B. D. Melton, W. W. Howell, G. F. Cannon and M. S. Faulk are made commissioners of roads and revenues for said county under this Act. That the term of office of said named commissioners shall begin immediately upon their taking the oath and giving bond hereinafter prescribed, and shall continue until January 1st, 1925, or until their successors are elected and qualified. Members of board: terms. Sec. 3. Be it further enacted, That successors to said named commissioners shall be elected at the regular election for State house officers to be held in the year 1924 for a period of two years and every two years thereafter the members of said board shall be elected for every two years. Election of commissioners. Sec. 4. That the members of said board shall elect one of its own members as chairman of said board. Organization. Sec. 5. Be it further enacted by the authority aforesaid, That all persons eligible to hold other county offices shall be eligible to hold the office of commissioner of roads and revenues of said county. Eligibility. Sec. 6. Be it further enacted by the authority aforesaid, That vacancies in said board shall be filled by said board during their term of office. Said vacancies to be Page 326 filled by the election of a person to fill any vacancy that may occur on said board by the remaining members of said board. Vacancies, how filled. Sec. 7. Be it further enacted by the authority aforesaid, That the members of the board of commissioners provided for under this Act shall always, before entering upon the discharge of the duties of their office, take and prescribe the following oath before the ordinary of said county, which is to be recorded in the book of minutes kept by the board of commissioners, to wit: I do solemnly swear that I will faithfully discharge the duties of Commissioners of Roads and Revenues of the County of Twiggs, and will to the best of my knowledge, skill and ability, endeavor to promote the welfare and prosperity of the entire County of Twiggs, and will do so without fear, favor or affection, so help me God. And each commissioner shall furthermore, before entering upon the discharge of the duties of his office, give bond and good security in some approved surety company, premiums on said bonds to be paid out of the county treasury and approved by the ordinary of said County of Twiggs in the sum of three thousand dollars, payable to the Governor of the State and his successors in office, for the faithful discharge of his duties as such Commissioner of Roads and Revenues for said County of Twiggs, which bond when approved by the ordinary, shall be by him recorded in the record of official bonds kept by him in his office. The Governor of this State upon the election or appointment of a commissioner shall issue to him a commission for the term of office for which he shall be elected, named or appointed, as in case of other county officers. Oath. Bond. Commissioned by Governor. Sec. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of the chairman of said board to preside at all meetings and to sign as such chairman all orders and processes of said commissioners. Said chairman shall have the right to vote on all questions and perform any and all duties imposed upon the board of commissioners. Page 327 The board of commissioners shall elect one of its members purchasing agent for said county for all things needed by the different departments of said county, and especially for all supplies for the convicts and feed for the mules and horses owned by the county, and in fact for everything purchased by said county, and he shall at no time pay more than the fair market price for the same, and shall monthly at the regular meeting of the board report to the board all purchases made during the past month and exhibit an itemized statement for same, and the same shall then be approved by the commissioners; if they find the same just, fair, correct and reasonable, and this shall apply to all supplies for all county officers. The chairman shall receive a salary of $15.00 per month, payable monthly. In the absence or disqualification of the chairman the board may elect a vice-chairman to act in his stead. The purchasing agent shall receive a salary of $15.00 per month. The salary of the chairman of said board and the purchasing agent of said board shall be in addition to the per diem allowed as commissioner under this Act. If the chairman of board is elected purchasing agent his whole salary as chairman, purchasing agent and per diem as member of said board shall not exceed $30.00 per month. Duties of chairman. Purchasing agent. Salaries of chairman and purchasing agent. Sec. 9. Be it further enacted by the authority aforesaid, That the members of said board of commissioners hereby created (other than the chairman) and their successors in office shall receive as compensation the sum of five ($5.00) dollars per day of actual service; Provided, that no commissioner shall be paid for more than three days' service in any one month. The salary of the chairman and the per diem of the other members of the board of commissioners shall be paid out of the county treasury of said county. Salaries of members. Proviso. Sec. 10. Be it further enacted by the authority aforesaid, That said commissioners shall employ a clerk at a salary not to exceed fifty dollars per month, and for such term of office as they may decide upon. It shall be the duty Page 328 of said clerk to keep the minutes and records of all proceedings of said commissioners, and to discharge such other and further duties as the commissioners may prescribe. It shall be the duty of said clerk to be the book-keeper of said board, and he shall do such other clerical work as shall be necessary in carrying on the work of said office; said board shall make it the duty of said clerk to attend all the meetings of said board, and to keep a full, clear and complete record of all its proceedings, and to keep on file and preserve all papers relating to its business; said clerk shall also keep a book known as the Property Book and a book to be known as Book of Commutation Taxpayers of said county, all of which said books shall be open to public inspection at any time; said clerk shall keep a book known as a Record of County Vouchers, which shall be open to public inspection. The clerk before entering upon his duties shall take a like oath to that prescribed for the commissioners, which shall be recorded on the minutes to be kept by said board of commissioners, and the clerk shall furthermore before entering upon the discharge of the duties of his office give bond and good security in some approved surety company, the premium on said bond to be paid out of the county treasury and approved by the ordinary of said County of Twiggs in the sum of three thousand dollars, payable to the Board of Commissioners of Roads and Revenues of Twiggs County and their successors in office, which bond, when approved by the ordinary, shall be by him recorded in the record of official bonds kept by him in his office. Clerk; salary and duties. Oath. Bond. Sec. 11. Be it further enacted by the authority aforesaid, That said commissioners during their term of office shall be exempt from militia, road or jury duty. Exemptions. Sec. 12. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of said county shall have the right and power to employ a physician for the purpose of giving medical attention and aid to the jail prisoners, paupers of the county, convicts Page 329 of the county and any other matters requiring his services as a physician, and that the commissioners of roads and revenues shall have the right and authority to fix his compensation. County physician; compensation. Sec. 13. Be it further enacted by the authority aforesaid, That said board of county commissioners is hereby authorized and empowered to retain and employ a competent attorney at law, and said board is authorized to pay such attorney a retainer fee not to exceed one hundred and fifty dollars per annum, to be paid quarterly out of the county funds of Twiggs County, and such attorney shall receive such other compensation as may be agreed upon by him and said board. It shall be the duty of said county attorney to represent the county in all legal matters in which said county may be interested; and he shall be the legal adviser of said board and shall attend the meetings of said board when requested. County attorney; compensation. Duties. Sec. 14. Be it further enacted by the authority aforesaid, That said board of commissioners shall go over and carefully audit every account, bill or other item of indebtedness which may be presented against the county from any source and approve or disapprove the same; and it shall be necessary for at least three members of said board of commissioners to sign all checks, warrants or vouchers which may be necessary for the payment of all items of indebtedness against the county, and for all appropriations and purchases made and approved by said board, before the same shall become a legal demand upon the county. The treasurer or county depository of Twiggs County shall not pay any warrant, check or voucher by said board, unless the same shall have been signed by at least three members thereof. Accounts, etc., to be audited. Warrants, vouchers, etc. Sec. 15. Be it further enacted by the authority aforesaid, That said board of commissioners shall be required to publish quarterly itemized reports of all expenditures and disbursements made by them, said reports to be published in the newspaper in which sheriff's advertisements Page 330 are published for said county, which reports shall be verified by the clerk of said board as to their correctness, and said board is authorized and empowered to pay therefor out of any funds of the county a reasonable compensation for such publication, which in no case, shall exceed the sum allowed for legal advertisements. Itemized reports to be published. Sec. 16. Be it further enacted by the authority aforesaid, That said board of commissioners shall have authority to use all the convict labor on the public roads of the county distributing such labor as equitably and justly as possible, and shall have the right to secure convicts from other counties under the legal provisions of the State, or to dispose of the Twiggs County convicts in conformity with law, as they deem necessary and expedient. Said board of commissioners shall have the right to employ free labor for the purpose of working the public roads of the county whenever they shall deem it for the best interest of the county, which free labor shall be under control of said board. Convict labor on public roads. Sec. 17. Be it further enacted by the authority aforesaid, That said commissioners shall hold a monthly session on the first Tuesday in each month at the county seat, and may hold other and further sessions at such time or times as they may deem it necessary for county purposes. Time of meeting. Sec. 18. Be it further enacted by the authority aforesaid, That a majority of said commissioners shall constitute a quorum, which shall be necessary to pass any order or transact any business. Quorum. Sec. 19. Be it further enacted by the authority aforesaid, That said board of commissioners shall have exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the county as they deem expedient and to the best interest of the county, and in accordance with the laws of this State; in levying taxes in accordance with the laws of this State; in establishing, changing or abolishing roads, Page 331 bridges and ferries, according to law; in establishing, abolishing or changing election precincts and militia districts; in supervising the tax collector's and tax receiver's books, and in allowing the insolvent list of the County of Twiggs, in settling all claims, charges and demands against the County of Twiggs, in examining and auditing all claims and accounts of officers having the care, keeping and collecting or disbursing any money belonging to Twiggs County or appropriated for its use or benefit, and bringing all such officers to settlement, in making rules and regulations for the promotion of public health, in electing or appointing all minor officers of said county where an election is not otherwise provided for by law or the provisions of this Act, and to have and exercise control and management over the convicts of said county, according to the laws of this State, and to have and exercise all the powers as would be vested in the ordinary of said county when sitting for county purposes in the absence of this Act. And to exercise such other powers as are granted by law or as are indispensable to their jurisdiction over county matters and county finance. Provided, that no assessment should be made for commutation road tax exceeding three dollars per annum, one-half of sum to be collected in spring and one-half in fall of each year. Jurisdiction. Powers. Proviso. Sec. 20. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues shall within twelve months after assuming the duties of their office have the books and accounts of the tax collector, tax receiver, sheriff, superintendent of public schools and the board of commissioners of roads and revenues hereby created, audited by some certified public accountant of this State and the same shall be audited once every twelve months thereafter. Books of county officers to be audited. Sec. 21. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues of said county shall cause the convict gang of said county to work the public streets of the various incorporated Page 332 towns or municipalities of said County of Twiggs which are continuations of the public roads of said county, leading into or through the said incorporated towns or municipalities aforesaid. Convict gang to work public streets. Sec. 22. Be it further enacted by the authority aforesaid, That all the books, records, documents, files and properties of the present board of commissioners of said county shall be by them delivered to the board created by this Act immediately upon the qualification of the members of the Board of Commissioners named in this Act. Books, records, etc., to be delivered to board. Sec. 23. Be it further enacted by the authority aforesaid, That it shall be a misdemeanor for any member of said board of commissioners, their clerical assistant, or any one serving under them or any one employed or elected by them, to have any financial interest in the sale or purchase of any article sold to or bought from the county or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any supplies for said county, awarding any contract for said county, or the employment of any one whose salary is to be paid from the funds of the county, and upon conviction shall be punished as for a misdemeanor. Misdemeanors to be punished. Sec. 24. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1923. WARE COMMISSIONERS; COMPENSATION; REPORTS AND STATEMENTS. No. 437. An Act to amend an Act to create the office of Commissioner of Roads and Revenues of the County of Ware, Page 333 and for other purposes, approved August 19th, 1919, insofar as the same relates to the salary of said commissioner, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an Act to amend an Act to create the office of Commissioner of Roads and Revenues of the County of Ware, and for other purposes, approved August 19th, 1919, Georgia Laws 1919, page 771, be and the same is hereby amended insofar as it relates to the salary of said commissioner by striking therefrom the words two thousand dollars wherever the same occurs therein and inserting in lieu thereof the words twenty-five hundred dollars, so that the salary of said Commissioner of Roads and Revenues of Ware County shall hereafter be fixed at the sum of twenty-five hundred dollars per annum. Act of 1919 amended. Amending language. Sec. 2. Be it further enacted, That Section 3 of the Act approved August 19th, 1919, be amended as follows: By striking all of said section after the word to in line seven of said section and inserting in lieu of that part stricken the following: require said commissioner to publish a semi-annual report of the audits of said commissioner by posting same at the courthouse in Ware County and also at three other justice courthouses in said county, so that when said section shall be amended the same will read as follows: Section 3. Be it further enacted, That Section 12 of said Act, requiring the commissioner to make and publish an itemized quarterly statement of all moneys received and expended, and Section 17 thereof, requiring the report of the findings of the annual audits provided for in said section to be published in the official organ of the county, be and the same are hereby amended so as to require said commissioner to publish a semi-annual report of the audits of said commissioners by posting same at the courthouse in Ware County and also at three other justice courthouses in said county. Section 3 to read. Page 334 Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1923. WARREN BOARD OF COMMISSIONERS CREATED. No. 506. An Act to create a Board of Commissioners of Roads and Revenues for Warren County, Georgia; to provide for their election and qualification; prescribe their powers and duties, and to provide for their compensation; to provide for the election of a chairman and a clerk of said board, and to prescribe their powers, duties and compensation; to provide for the laying off of the county into commissioners' districts, and the election of one commissioner from each of said districts; to provide when this Act shall go into effect, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a Board of Commissioners of Roads and Revenues for Warren County, Georgia, is hereby created. That said board shall consist of five persons who shall reside in said county and in the commissioners' districts from which they are elected, respectively, but they shall be elected by the qualified voters of the entire county. Board of commissioners created. Sec. 2. Be it further enacted by the authority aforesaid, That Warren County is hereby divided into five commissioners' districts, constituted as follows: That Warrenton militia district shall constitute Commissioners' District Number 1. That Norwood and Stag Hall militia districts shall constitute Commissioners' District Number Two (2). That Elim and Barnett militia districts shall constitute Commissioners' District Number 3. That Page 335 Ricketson and Pan Handle militia districts shall constitute Commissioners' District Number 4. That Beall Springs militia district shall constitute Commissioners' District Number 5. Five commissioners' districts. Sec. 3. Be it further enacted by the authority aforesaid, That at the State general election in November, 1924, there shall be elected five county commissioners for said county, in accordance with the provisions of this Act. There shall be elected one of said commissioners from each of said commissioners' districts, designated by the number of the district, from which he is elected. He must also be twenty-one years of age and a qualified voter of said county. Said commissioners shall constitute the board of commissioners of roads and revenues for said county as provided in this Act, but they shall not go into office until the first day of January, 1925, and shall hold their office for four years. Commissioners to be elected, when and how. Qualifications. Sec. 4. Be it further enacted by the authority aforesaid, That the successors to said board shall be elected every four years, their terms of office to begin on the first day of January following their election, the term of office of said board being fixed at four years. But in the event of a vacancy on said board by death, resignation or otherwise, the remaining members are empowered to fill such vacancy by electing some qualified person from the vacant district to serve until his successor is elected at the next general election. Election every four years. Vacancy, how filled. Sec. 5. Be it further enacted by the authority aforesaid, That said board of commissioners and their successors shall at their first meeting in January after their election organize by electing one of their members chairman and another person, not a member of said board, as clerk of said board of commissioners. Said chairman shall preside at all meetings of said board when he is present and shall be the executive officer of said board. He shall sign, as chairman thereof, all contracts and county warrants, when so ordered by said board of commissioners, which Page 336 shall also be countersigned by the clerk of said board; he shall, when deemed necessary, call special meetings of the board, and shall through the clerk of said board give to the other members thereof, at least one day's notice of such meetings. Organization. Duties of chairman. Sec. 6. Be it further enacted by the authority aforesaid, That at the first meeting said board shall elect one of their members as vice-chairman, who shall in the absence of the chairman, preside over the meetings of said board and discharge all other duties required of the chairman. Vice-chairman. Sec. 7. Be it further enacted by the authority aforesaid, That said commissioners before entering upon the discharge of their duties, shall each give bond and security before the ordinary of said county payable to the Governor and his successors in office. The bond of the chairman shall be in the sum of two thousand dollars ($2,000.00), and the bond of each of the other commissioners shall be in the sum of one thousand dollars ($1,000.00), conditioned for the faithful discharge of their respective duties of said office and to account for all moneys and property that may come into their hands as such commissioners; and must take and subscribe the following oath: I do solemnly swear that I will faithfuly discharge the duties of Commissioner of Roads and Revenues for the County of Warren during my continuance in office, according to the laws, to the best of my knowledge and ability, without favor or affection to any party, so help me God. Bond. Oath. Sec. 8. Be it further enacted by the authority aforesaid, That the clerk of the board of commissioners before entering upon his duties as such clerk shall give a bond with good security, to be approved by said board of commissioners, in the sum of one thousand dollars ($1,000.00), conditioned for the faithful performance of his duties as such clerk. It shall be the duty of said clerk to keep open the commissioners' office the greater portion of every day of each week, except Sunday, for the transaction of business, Page 337 and said office shall be in the courthouse of said county. It shall be the duty of said clerk to attend all meetings of said board; to file and preserve all records and papers, to countersign officially all warrants, orders and contracts, and to record all papers required to be recorded, and to keep full and fair minutes of all the proceedings of said board, including the assessment taxes; he shall also keep a financial record of all county receipts and expenditures, and of county funds and of any obligations which said county may owe; and shall also keep a faithful account of all public work under the authority of said board or its chairman, and of the expenses of the same; and shall likewise keep an inventory of county property, including machinery, live stock, tools, etc., and the disposition of same as well as the location thereof; he shall likewise keep a detailed statement of all expenditures arising from the working of convicts and all supplies furnished the county, and the pay of guards and such other employees mentioned in Section 22 of this bill for the chain gang of the county; he shall also keep a separate book in which shall be kept an account with the road overseers of the county for commutation tax collected and for tools, etc., furnished them; he shall also keep an itemized statement of all accounts ordered paid by the said board and shall show what funds is liable for the payment of same. He shall keep a book to be known as the record of county vouchers in which he shall keep complete record of all warrants or vouchers drawn on the county treasurer, which record shall show by the proper entries the date said warrant or voucher is issued, the fund from which same is payable, the person to whom payable, for what purpose, the amount of same, and the date of payment. He shall also perform such other duties and keep such other books and records as the board may direct. Said books and records shall be open to inspection of any citizen of the county. Said clerk shall receive compensation of four hundred dollars per annum for his services as clerk of said board. It shall be the special duty of the chairman of the board to see that the clerk Page 338 faithfully performs all the duties imposed upon him by the terms of this Act, or by said board. Bond of clerk. Duties of clerk. Compensation. Sec. 9. Be it further enacted by the authority aforesaid, That said board shall hold regular meetings at the courthouse of said county on the first Tuesday in each month, and may adjourn from day to day and may hold special sessions whenever in their opinion public necessity requires it. A majority of said board shall constitute a quorum for the transaction of business. Regular and special meetings. Quorum. Sec. 10. Be it further enacted by the authority aforesaid, That said board of commissioners shall be the sole purchasing agent for said county, and shall make all contracts for the purchase of all articles, goods, wares, materials or merchandise for the use of said county except in case of emergency when such items do not amount in bulk to more than $25.00, then the chairman may contract and make said purchases, but he shall report the same at the next meeting of said board. It shall be the duty of said board of commissioners before contracting to buy any articles, goods, wares, material or merchandise which amount in bulk to more than $25.00, they shall have submitted to them at least three (3) competitive bids from dealers in the articles, wares, goods, materials or merchandise sought to be purchased, and they shall from the same quality of goods accept the lowest bid, and such bids, as well as all invoices of everything purchased, shall be kept on file by the clerk in the office of the board of commissioners. No commissioner shall receive any rebates, discounts or prerequisites on account of any contract or purchases they may make. Said chairman shall have the right in only cases of emergency to employ a particular work or service for the county, and then in an amount not to exceed $25.00 for the whole of said work or service which he shall report at the next meeting. Purchasing agent. Bids to be submitted. Sec. 11. Be it further enacted, That said board of commissioners shall have made out and published in the official organ of the county every three months, an itemized Page 339 statement of all expenditures or disbursements by them; which statement shall show to whom paid, the amount of same and for what purpose. It shall be the duty of the said board of commissioners to require the county treasurer to make to them a quarterly statement of the financial condition of the county, which statement shall show the amount of money in the treasury and the amount apportioned for each of the purposes for which taxes may be levied under the law and also the amount of money paid out during the preceding quarter, to whom paid and for what purpose. Said commissioners shall also publish these reports of the treasurer every three months in said official organ of the county. Itemized statements of accounts. Treasurer to make quarterly statement. Sec. 12. Be it further enacted by the authority aforesaid, That the failure of said board of commissioners to comply strictly with Sections 10 and 11 of this Act shall constitute malpractice on the part of each commissioner and shall be cause for their removal. Failure to comply constitutes malpractice. Sec. 13. Be it further enacted, That it shall be the commissioners' duty to work the chain gang in each of the militia districts of said county as may be necessary, and to work the public roads of the entire county, having due regards to the rights and interests of every section of the county and without discriminating in favor of or against any section of the county; and it shall be their duty to personally supervise and, so far as practicable, superintend and direct the work on and those in charge of the working of, the public roads and building of bridges in said county. However, it shall be the special duty of each commissioner to personally inspect the public roads and bridges in his respective districts at all times, and promptly upon the discovering the need of any work or repairs thereon, shall report such need to the board. Commissioners' duty in regard to public works. Sec. 14. Be it further enacted, That the board of commissioners are empowered to appoint deputies to collect such taxes as may be levied as commutation tax, where each and every individual subject to road duty and to Page 340 receive as compensation ten per cent. of the amount collected by them and to make out a full and just account to the board of commissioners of all their acts and doings, and render to said board the names of each and every individual paying in money or work in lieu thereof, also a list of names of each and every individual who has refused to pay said tax in money or work as provided by law. Deputies to be appointed; duties. Sec. 15. Be it further enacted, That said board of commissioners shall collect a commutation tax from all persons in said county subject to road duty. Said tax shall not be more than five dollars nor less than one dollar per annum; and if said amount is not paid he shall be required to work on the public roads of Warren County not more than ten days nor less than two days in any one year. The amount of said commutation tax shall be fixed by the board of commissioners not later than the first day of February of each year which time shall be divided between the spring and summer working, and all hands so summoned shall be required to pay or work as stated in the summons for time required for spring working and time required for summer working. Commutation tax. Sec. 16. Be it further enacted, That any person who has refused or failed to pay the commutation tax when demanded by the officer or officers appointed by said board to make such demands, or who shall without good excuse fail or refuse to appear at the time and place appointed to work, when summoned or notified by the officer whose duty it is to give said summons or notice, according to rules of said board and the law in such case made and provided, or who shall fail or refuse to do faithful work when he has appeared, shall be fined not less than one dollar each day he fails to work, or to be imprisoned in the common jail of said county at the discretion of said board, or to be sentenced to work in the chain gang not exceeding ninety days. If the said board trying the case imposes a fine upon the Page 341 person convicted, it may be with the alternative of other punishment allowed by this section in case said fine is not paid. Penalty for refusal to pay commutation tax. Sec. 17. Be it further enacted, That said board be and is hereby empowered to try all defaulters, impose and enforce sentence as provided in the preceding section, and said board shall hold court for the trial of said defaulters at any time and place in said county that may be fixed by said board; Provided, that ten days' notice of the time and place of trial be given to said defaulters. Trial of defaulters. Proviso. Sec. 18. Be it further enacted, That defaulters shall be summoned for trial or arrested by such officers as said board may appoint or by the sheriff or his deputy or any lawful constable of said county. Sec. 19. Be it further enacted by the authority aforesaid, That said board of commissioners shall have original and exclusive jurisdiction over the subject matters mentioned and embraced in Section 4796 of the Civil Code of 1910; and over such other county matters as by law have been placed under the jurisdiction of ordinaries or other authorities having control of county matters. Section 4796 of Civil Code, 1910. Sec. 20. Be it further enacted by the authority aforesaid, That on the first day of January, 1925, the Commissioner of Roads and Revenues of Warren County under the law now existing shall deliver to the Board of Commissioners of Roads and Revenues of Warren County, created by this Act, possession of all convicts then under his control and management and all property and equipment belonging to said county, and after said date said board of commissioners shall have exclusive jurisdiction and control of the roads and revenues of said county. Convicts, etc., delivered to commissioners. Sec. 21. Be it further enacted by the authority aforesaid, That said board of commissioners shall annually levy such taxes for road purposes as in their judgment may be Page 342 necessary to raise sufficient money for the proper, judicious and economical working of the public roads of said county not inconsistent with law. Taxes for road purposes. Sec. 22. Be it further enacted by the authority aforesaid, That said board of commissioners shall have authority to hire a warden, a superintendent of roads and such other persons as may be necessary for the proper working of the roads and building of bridges and keeping the same in repair, and to pay the same out of the county funds. Warden, etc., to be employed. Sec. 23. Be it further enacted by the authority aforesaid, That the chairman and clerk of said board shall hold their offices at the pleasure of said board of commissioners, and may be removed at any time by a vote of a majority of all the members of said board. Term of office, chairman and clerk. Sec. 24. Be it further enacted by the authority aforesaid, That the compensation of the members of said board shall be for each of them the sum of of two dollars per day for each day in attending upon the regular and special meetings of said board and in looking after the working of the roads and performing any other service for the county, but the aggregate sum paid the chairman shall not exceed two hundred dollars per annum, and the aggregate sum paid each of the other members shall not exceed one hundred fifty dollars per annum. Compensation of members. Sec. 25. Be it further enacted by the authority aforesaid, That the compensation of the clerk of the board of commissioners shall be the sum of four hundred dollars per annum, to be payable monthly out of the funds of the county. Compensation of clerk. Sec. 26. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. Page 343 WARREN COMMISSIONER'S OFFICE ABOLISHED. No. 505. An Act to repeal an Act entitled An Act to create a Commissioner of Roads and Revenues in and for the County of Warren, to provide for the election of said commissioner, who shall be said commissioner until his successor shall be elected and qualified; to prescribe his term of office, his duties, fix his salary, and for other purposes, approved August 19th, 1919. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the above recited be and the same is hereby repealed. Act of 1919 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That said commissioner is hereby required to turn over all books, papers and other documents pertaining to the said office of Commissioner of Roads and Revenues for Warren County immediately upon the election and qualification of the Board of Commissioners of Roads and Revenues for Warren County. Books, papers, etc., to be delivered to commissioners. Sec. 3. Be it further enacted by the authority aforesaid, That this Act shall go into effect and become operative on the first day of January, 1925. Effective January 1. 1925. Sec. 4. 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 20, 1923. WARREN TREASURER'S OFFICE; ACT OF 1915 REPEALED. No. 421. An Act to repeal an Act entitled An Act to abolish the office of County Treasurer of Warren County; to provide Page 344 for the disposition of the books, papers and other property and business of said office, and for other purposes; to provide for the handling of the county funds by the county commissioners, and for other purposes, and further to provide that this Act shall not go into effect until January 1st, 1917. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above recited Act, being an Act entitled An Act to abolish the office of County Treasurer of Warren County; to provide for the disposition of the books, papers and other property and business of said office, and for other purposes; to provide for the handling of the county funds by the county commissioners, and for other purposes, and to provide that this Act shall not go into effect until January 1st, 1917, approved August 6th, 1915, be and the same is hereby repealed. Act of 1917 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That when this Act shall go into effect, it shall be the duty of the county depository of said county to immediately turn over all the money and property in his hands belonging to said county to the County Treasurer of Warren County. Funds, etc., to be delivered to county treasurer. Sec. 3. Be it further enacted by the authority aforesaid, That this Act shall go into effect and become operative from the first day of January, 1924. Effective January 1, 1924. Sec. 4. 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 3, 1923. Page 345 WARREN TREASURER'S OFFICE CREATED. No. 422. An Act to create a County Treasurer for the County of Warren; to fill the vacancy occasioned by the repeal of the Act of the General Assembly of Georgia abolishing the office of county treasurer of said county, approved August 6th, 1915; to fix the salary of said county treasurer; to define the powers, duties, responsibilities and limitations of said county treasurer; to fix the salary of the said county treasurer; to provide for the election and qualification of said county treasurer; to provide how the premium of the bond of said county treasurer shall be paid, 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 ordinary of Warren County, Georgia, shall within sixty days after the passage of this Act, call an election for County Treasurer of Warren County, which said office is hereby created, to fill the vacancy occasioned by the repeal of the Act of the General Assembly abolishing the office of county treasurer of said county, approved August 6, 1915. Election for county treasurer; office created. Act of 1915. Sec. 2. Be it further enacted by the authority aforesaid, That said election shall be advertised once a week for four weeks in the newspaper in said county in which the legal advertisements of said county are published, and shall be held and conducted under the laws governing general elections for county treasurers in said State, and the returns of said election shall be made by the managers thereof and filed with the ordinary of said county who shall declare the result. Rules for election. Sec. 3. Be it further enacted by the authority aforesaid, That the person elected county treasurer of said county at said election shall take the oath and give the bond as required by law of county treasurers of said State. He shall go into office on the first day of January, 1924, and Page 346 shall hold his office until January 1st, 1925, and until his successor is elected and qualified; his successor shall be elected at the regular general election to be held for State and county officers for 1924. Oath and bond. Term of office. Sec. 4. Be it further enacted, That the salary of said county treasurer and his successors in office shall be the sum of five hundred dollars, payable monthly out of the general funds of said county, and in addition thereto, he shall also be paid by the county out of the general county funds, such sums as may be necessary for the payment as premium for his official bond, or bonds, to a surety company issuing said bond. Salary. Sec. 5. Be it further enacted by the authority aforesaid, That the duties, powers, responsibilities and limitations of said county treasurer shall be such as now required of county treasurers under the Constitution and laws of the State of Georgia, as set forth therein. Duties, powers, etc. 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 3, 1923. WAYNE BOARD OF COMMISSIONERS CREATED. No. 535. An Act to provide for the establishment and laying off of five road districts in the County of Wayne, and provide that commissioners of roads and revenues be elected from each of said districts, and to further provide that all money derived from taxation for public road purposes in said districts as laid off be expended on the public roads, and to provide for the mode of collecting road taxes, and for the appointment of road overseers by the board of commissioners of roads and revenues in each Page 347 road district, and the mode and manner of levying and assessing road taxes and to give the board of commissioners of roads and revenues authority from time to time to make, ordain and establish such by-laws or ordinances, rules and regulations as appear to them requisite and necessary for the security, welfare and convenience of Wayne County and its inhabitants, including the regulation of any kind of vehicle over the public roads and highways of said county, and for the preservation of health, peace and good government within the limits of the same, but not to operate within the limits of any municipal corporation or to regulate the police jurisdiction given by law to any municipality beyond its limits; said commissioners may provide and enforce a penalty for the breach of such ordinances, rules and regulations not to exceed a fine of one hundred dollars or thrity days' work upon any of the public works or public roads of said county, and the judge of the city court of Jesup, Wayne County, Georgia, may hear and determine such case against, and acquit, or sentence, any person charged with a violation of any such rules, ordinances or regulations, 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 County of Wayne shall be laid off into five road districts and to be known as numbers one, two, three, four and five, and more fully described in the sub-sections of this Act. Five road districts. Descriptions. (a) The district in said county known as the Jesup militia district and the portion of the Hortense militia district left in Wayne County after cutting off the County of Brantley shall be consolidated as one road district, and shall be known as District Number One. (b) Be it further enacted, That the district known as the Odum militia district in Wayne County shall be and the same is hereby created as District Number Two. Page 348 (c) Be it further enacted, That the district known as Madray Springs militia district shall be and the same known as District Number Three. (d) Be it further enacted, That the district known as Mt. Pleasant and Gardi militia districts shall be consolidated as one district and designated as District Number Four. (e) Be it further enacted, That the districts in said county known as Screven and Ritch militia districts shall be consolidated into one road district and shall be known as District Number Five. Sec. 2. Be it further enacted by the authority aforesaid, That at the next general election to be held in and for said County of Wayne there shall be elected five commissions of roads and revenues in and for said county, one of whom shall be elected from District Number One, one from District Number Two, one from District Number Three, one from District Number Four, and one from District Number Five, each of whom shall hold office for a term of four years, or until his successor shall be elected and qualified. Five commissioners to be elected. Term of office. Sec. 3. Be it further enacted, That said commissioners of roads and revenues shall be elected by qualified voters of the County of Wayne, one commissioner to be a resident of each road district as hereinbefore provided. In the event a vacancy occurs in the office of commissioners of roads and revenues, that the remaining members of said board shall have authority to elect a commissioner from the district in which said vacancy occurs, who shall hold office for the remainder of the term. Qualified voters to elect. Vacancy, how filled. Sec. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of each commissioner in his district to superintend, lay out and provide for repairing, erecting and building such public roads as may become necessary, and to keep said roads in good condition, and that his fee for services rendered to the county in all Page 349 matters shall not exceed three dollars ($3.00) per day and he shall make out a statement of services rendered and render the same to the balance of the board to be approved for payment. Duty of commissioners. Compensation. Sec. 5. Be it further enacted, That it shall be the duty of each commissioner of his respective district to collect such taxes as may be levied as commutation tax from each individual subject to road duty in said respective district, or said commissioner may designate some other person to collect said road tax in his stead, but the said commissioner shall be responsible for all acts of said specially employed person, and as compensation for the collection of such tax said commissioner or anyone designated by said commissioner to collect the same shall receive ten per cent. of the amount collected by him, and make out full and just account to the board of commissioners of roads and revenues of all his acts and doings and render to said board the names of each and every individual paying in money or work in lieu thereof as hereinafter provided; also a list of the names of each individual who refuses to pay said tax in money or work, as provided by law. Collection of taxes. Sec. 6. Be it further enacted, That the board of commissioners of roads and revenues shall have authority to receive work from any person who desires to work on the road in preference to paying said commutation tax, and shall have authority to appoint road overseers in their respective districts, as provided by law, to oversee said work, and the said road overseer under the direction of the commission of roads and revenues in such district may employ such to collect said commutation tax as hereinbefore provided, and said overseer shall be responsible to the commissioner of said district for all money and also for the work accepted in lieu of money, and said board of commissioners of roads and revenues in their discretion may require a good and sufficient bond of such overseers for the faithful performance of their duty, and to account for all monies collected Page 350 by them, said bond to be payable to the board of commissioners of roads and revenues in an amount to be fixed by said board. Persons may work roads in lieu of payment of taxes. Road overseers: duties. Bond. Sec. 7. Be it further enacted, That the mode and manner of levying or assessing road taxes as now provided by law in said county shall in nowise be changed by the adoption of this Act. Manner of assessing road taxes. Sec. 8. Be it further enacted by the authority aforesaid, That the residents of incorporated towns or cities in said county shall not be required to work the public roads of said county or to pay the commutation tax, should they pay a similar tax in some incorporated town or city in said county. Those not liable for road duty. Sec. 9. 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 the commissioners of roads and revenues shall have power and authority from time to time to ordain, make and establish such by-laws, ordinances, rules and regulations as shall appear to them requisite and necessary for the security, welfare and convenience of Wayne County, Georgia, and its inhabitants and for preserving the health, peace and good government within the limits of the same, but not to operate within the limits of any municipal corporation or to regulate the police jurisdiction given by law to any municipality beyond its limits, including the right to make, ordain and establish such by-laws, ordinances, rules and regulations as they deem necessary for the operation of any kind of vehicle, or conveyance over the public roads and highways of said county, and exclusive of any municipality as aforesaid; said commissioners of roads and revenues may provide and enforce a penalty for the breach of such ordinances, rules and regulations not to exceed a fine of one hundred dollars, or thirty days at work upon any of the public works or public roads of said county, either or both, and the judge of the city court of Jesup is hereby invested with the power and authority to hear and determine such case against Page 351 and acquit or sentence any person charged with a violation of any by-laws, ordinances or regulations as other criminal cases are tried in the city court of Jesup. By-laws, ordinances, rules, etc. Penalty for breach of ordinances. Sec. 10. Be it further enacted by the authority aforesaid, That the Commissioner of Roads and Revenues of Wayne County, Georgia, shall have the power and authority to, in addition to the general county taxes imposed by them, impose a special tax, not to exceed two mills on the hundred dollars, upon the property, real and personal, in said county outside of any municipality; the money raised by such special tax to be used by said commissioners only for the purpose of preserving the health, welfare, peace and good government under any ordinance passed by said board of commissioners of roads and revenues as aforesaid. Special tax may be imposed. Sec. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. WAYNE COMMISSIONERS TO PAY CERTAIN FEES. No. 534. An Act to provide for the right of the County Commissioners of Wayne County, Georgia, and giving them authority to pay the sheriff and clerk of the superior court any and all fees in criminal cases arising in said superior court where the defendant is tried and convicted and sentenced to a term on the chain gang and instead of paying any fine that may be placed upon defendant, he serves time thereon, and to provide that the sheriff and clerk of said superior court shall render to the county commissioners their itemized bill of costs in each of said Page 352 cases, and that the county commissioners authorize the payment of said bills in the same manner as other bills are paid by the County of Wayne. 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 in all criminal cases tried in the superior court of Wayne County, Georgia, where the defendant is convicted or enters a plea of guilty, and is sentenced to the chain gang or penitentiary, and instead of paying his fine he is placed upon the chain gang or penitentiary to serve the sentence imposed upon him by the court, that the clerk and sheriff of said superior court shall make up an itemized bill of their cost accrued in said case and file the same with the Commissioners of Roads and Revenues of Wayne County, Georgia, at the time said case is tried or at the close of each term of said superior court. Costs of sheriff and clerk in criminal cases. Sec. 2. Be it further enacted, That all fines and forfeitures collected in said superior court shall be applied as insolvent orders held by the officers of said court, and after said insolvent orders shall have been paid in full, if there remain an overplus, the same shall be paid over to the county depository of Wayne County, as prescribed by law with reference to insolvent costs, and in the event a person tried and convicted in said court as provided in Section 1 of this Act does not pay his fine, but instead serves his sentence on the chain gang then the board of commissioners of roads and revenues shall upon the filing of an itemized bill of cost by the clerk and sheriff in such cases and after due examination and audit thereof, authorize said bill of cost to be paid out of the funds of said county as other bills against said county are paid. Fines and forfeitures. 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 20, 1923. Page 353 WHITE BOARD OF COMMISSIONERS; ELECTION TO ABOLISH. No. 462. An Act to repeal an Act to create the Board of County Commissioners of Roads and Revenues for the County of White, to provide for the election and creation of said board; to provide for the election of their successors; to provide for their terms of office; to provide for a clerk for said board; to provide for the appointment of a road supervisor or a road engineer; to fix his compensation; to provide for the election of an attorney for said board and for his compensation and how paid; to provide for the filling of vacancies on said board, and for other purposes, approved July 26th, 1921. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the above entitled Act to create a Board of Commissioners of Roads and Revenues for White County, prescribing their powers and duties, and for other purposes, approved July 26th, 1921, and the Act or Acts amendatory thereof, be and the same are hereby repealed. Act of 1921 repealed. Sec. 2. Be it further enacted, That this Act shall become effective after it shall have been submitted to the qualified voters of White County at the next general election held on the first Wednesday in November, 1924, at which election the ballots used shall have printed thereon the words For commissioners of roads and revenues and Against commissioners of roads and revenues. And if the majority of votes cast in said general election shall be For commissioners of roads and revenues, then and in that event the Act creating said board (Acts of the General Assembly of 1921, pages 591 to 596) shall remain of full force and effect, and in the event that a majority of the votes cast at said general election shall be Against commissioners Page 354 of roads and revenues, then this Act for repeal of said board shall become effective and said board shall be abolished, to take effect on January 1st, 1925. When effective. Form of ballots. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. WILCOX TREASURER'S OFFICE ABOLISHED. No. 295. An Act to abolish the office of County Treasurer of Wilcox County, Georgia; and to provide for the designation of a county depository; to provide for the deposit of funds of said county in said depository; to provide for the paying out of county funds, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1925, the office of County Treasurer of Wilcox County, Georgia, shall be abolished, and said office, from and after that date, shall cease to exist; Provided, however, that in the event said office shall become vacant from any cause whatever prior to January first, 1925, then and in that event only, this Act shall become effective immediately thereafter. Office of county treasurer abolished. Proviso. Sec. 2. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues of said Wilcox County shall by a majority vote taken among themselves, select some bank in said county to act as depository and disbursing agent. Any bank now or hereafter in business in Wilcox County, Georgia, when and while so selected and appointed by said commissioners is hereby designated as depository and disbursing agent for county funds. Depository and disbursing agent. Page 355 Sec. 3. Be it further enacted by the authority aforesaid, That no bank which may be designated as such depository and disbursing agent shall receive any compensation for acting as such. No compensation. Sec. 4. Be it further enacted by the authority aforesaid, That no such bank shall be allowed to act as depository and disbursing agent until it shall have given a bond signed by some good surety company in the sum of at least fifteen thousand dollars, payable to said commissioners and their successors in office, conditioned for the safekeeping and accounting for all funds that may come into its custody by reason of its acting as such depository and for the faithful performance of all the duties pertaining to said depository; said bond to be approved by said county commissioners. It shall be within the power of said county commissioners to call upon said bank to increase the amount of or to strengthen said bond at any time they may deem necessary, and in default of the same being done, to revoke the appointment of such bank as depository and disbursing agent. Bond. Sec. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of any bank acting as such depository and disbursing agent: Duties of depository. (1) To pay without delay, when in funds of said county, all orders or warrants issued by said commissioners, or by their authority when presented for payment. (2) To take a receipt on each order when paid and carefully file it away. (3) To keep a well bound book in which shall be entered all receipts, stating when received, from whom, and on what account, and all amounts paid out, stating when paid, to whom and on what account. (4) To keep a well bound book in which shall be entered a full description of all county orders or warrants or other Page 356 forms of indebtedness, as they are presented; and to record a copy of the order of the county authorities levying county taxes. (5) To collect and receive from all officers and others county funds, and to receive, hold and disburse according to law all funds which a county treasurer might have heretofore received, held or disbursed. (6) To render reports to and appear before said commissioners whenever notified, and to appear before any grand jury, on request, to render an account of its acting and doings as such depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent whenever notified. (7) To perform all other duties essential to the proper conduct of the county's affairs which it has been necessary heretofore or according to laws now in effect for the county treasurer to perform. Sec. 6. Be it further enacted by the authority aforesaid, That said commissioners shall have the power and authority to prescribe from time to time other reasonable duties and regulations for the government of said depository, and said depository shall be just as much bound to observe the same as it is bound to observe those prescribed in this Act. Additional duties. Sec. 7. Be it further enacted by the authority aforesaid, That the county treasurer of said county shall on the day this Act goes into effect deliver to such depository as he may be directed by the county commissioners, all county funds then in his hands, and he shall at the same time deliver to said commissioners or to the depository or the authority designated by them, all records, books and papers that he may have pertaining to his office. After the date that this Act shall go into effect all parties heretofore required by law to pay over to the county treasurer funds of said county, including tax collector of said county, shall pay over such funds to the depository so selected by Page 357 said board of commissioners and payments to said depository shall be as legal payment as when heretofore made to the county treasurer. County treasurer to deliver funds, etc., to depository. Sec. 8. Be it further enacted by the authority aforesaid, That all records necessary for the said depository in the performance of its duties shall be provided by said county commissioners, and the premium on the bond required shall be paid out of the county's funds by order of said commissioners. Records furnished by commissioners. Sec. 9. Be it further enacted by the authority aforesaid, That the term of such depository shall be for a period of four years from January first, 1925, and thereafter shall expire at the end of each four year period, but shall extend by operation of law until a successor is appointed and qualified. For non-feasance or malfeasance in office any bank performing the duties under this Act may be removed by said commissioners at any time and a successor appointed. Term. Removal for cause. Sec. 10. Be it further enacted by the authority aforesaid, That said depository shall be liable both civilly and criminally just as the county treasurers are now liable civilly and criminally for any non-feasance, misfeasance or malfeasance of duty and said commissioners shall have the right to proceed against such depository, and the security or securities on its bond in the same manner as the ordinary may now proceed against a county treasurer and his securities in case of non-feasance, misfeasance or malfeasance in the conduct of his office. Liable for non-feasance, etc. Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 7, 1923. Page 358 WORTH TREASURER'S OFFICE ABOLISHED. No. 64. An Act to abolish the office of County Treasurer of Worth County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the first day of January, 1925, the office of County Treasurer of Worth County, Georgia, shall be abolished, and such office shall from and after that date cease to exist. Office abolished. Sec. 2. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues of said Worth County, Georgia, shall by a majority vote taken among themselves in a regular meeting select some duly incorporated bank or banks in said county to act as depository and disbursing agent or agents of and for the public funds of said county, said selection to be made at least sixty days prior to the date this Act is to go into effect. Commissioners shall select depository. Sec. 3. Be it further enacted by the authority aforesaid, That such bank or banks as shall be designated as such depository or depositories, and disbursing agent or agents, shall receive no compensation for acting as such, but said commissioners of roads and revenues shall if possible get such bank or banks to pay said county for the privilege of acting as such depository and disbursing agent. No compensation. Sec. 4. Be it further enacted by the authority aforesaid, That no such bank shall be allowed to act as such depository or disbursing agent until it shall have given a bond payable to said commissioners with good security to be by them approved conditioned for the faithful performance of all the duties pertaining to said appointment in the sum which in the judgment of said commissioners will be double the amount of the county funds that will probably Page 359 be deposited with such bank for the ensuing calendar year. 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 date of said bond. It shall be within the power of said commissioners to call upon said bank to strengthen said bond or to give a new bond at any time, and in default of the same being done, to revoke the appointment of such bank as depository and disbursing agent and proceed to make another appointment as soon as practicable after such vacancy shall occur. The expense, if any, of such bond shall be paid by the bank or banks being designated as a depository except in such case or cases where said commissioners shall deem it expedient, the expense may be paid by said county. Bond. Expense of bond. Sec. 5. Be it further enacted by the authority aforesaid, That said commissioners shall have the power and authority from time to time to prescribe other reasonable duties and regulations for the government of said depository and disbursing agent and said depository and disbursing agent shall be just as much bound to observe the same as they are bound to observe those rules and regulations provided by this Act. Additional duties. Sec. 6. Be it further enacted by the authority aforesaid, That on the day this Act goes into effect, the county treasurer of Worth County shall deliver to such depository or depositories as he may be directed by such commissioners all county funds then in his hands and he shall at the same time deliver to said commissioners all records, books and papers that he may have pertaining to said office. Treasurer to deliver funds. Sec. 7. Be it further enacted by the authority aforesaid, That said commissioners may determine in each case at the time of making the appointment, the length of the term which said bank or banks shall act as such depository and disbursing agent. Provided, said commissioners shall not designate such depository and disbursing agent for a longer term than four years. Term. Page 360 Sec. 8. Be it further enacted by the authority aforesaid, That such depository or depositories shall not directly or indirectly purchase any county orders or claims for less than their full par value. Pay not less than par for claims. Sec. 9. Be it further enacted by the authority aforesaid, That all said depositories and disbursing agents shall be liable, both civilly and criminally, just as the county treasurers are liable, for any non-feasance or malpractice of duty. That said commissioners shall have the right to proceed against said depositories and disbursing agent and securities on their bonds, as may now be proceeded against in case of non-feasance or malpractice on the part of a county treasurer. Liability. Sec. 10. Be it further enacted by the authority aforesaid, That said commissioners shall have the right and authority to require of such depository and disbursing agent a full and fair statement of all its accounts, and that such books and accounts while in the custody of such depository and disbursing agent shall be subject to examination and audit by the commissioners of roads and revenues of said county and by the grand jury thereof. Commissioners may require statements. Sec. 11. Be it further enacted by the authority aforesaid, That from and after January 1st, 1925, same being the date this Act to go into effect, all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1923. Page 361 PART III.CORPORATIONS TITLE I.MUNICIPAL CORPORATIONS. TITLE II.PRIVATE AND SCHOOL CORPORATIONS. Page 363 TITLE I. Municipal Corporations. ACTS. Albany Board of Education; Act of 1922 Repealed. Albany Charter Amended; Act of 1922 Repealed; Prior Law Re-enacted. Albany, City of; New Charter for. Alamo Public Schools Abolished. Americus Charter Amended. Arlington, Town of Changed to City of. Atlanta Charter Amended. Atlanta, City of; Territorial Limits Increased by Annexation; Elections as to. Atlanta, City of; Compensation of Certain Court Officials. Augusta, City of; Payment of Retired Employees. Augusta Fire Department; Act of 1922 Amended. Bainbridge Charter Amended. Bainbridge Territorial Limits Extended. Baldwin, Town of; New Charter for. Barnesville, City of; Increase in Tax Rate. Barnesville School Tax. Belmont, Town of; Public Schools and Board of Education. Blackshear, City of; Registration of Voters. Bluffton Charter Amended. Bluffton Territorial Limits Reduced. Boston, City of; Public Improvements and Bonds. Brunswick Charter Amended. Carrollton Board of Education Created. Carrollton Charter Amended. Carrollton, City of; Elections in. Chatsworth, City of; New Charter for. Cochran Charter Amended. Cochran, City of; Sanitary Regulations. College Park Charter Amended. College Park, City of; Election to Repeal Charter of. Columbus Charter Amended. Columbus, City of; Confirmation of Title. Columbus, City of; Ratification of Certain Contract. Columbus, City of; Tax for Current Expenses. Columbus, City of; Title to Certain Real Estate. Coolidge Charter Amended. Cordele Charter Amended. Cornelia, City of; Street Improvement and Traffic Regulation. Dallas, Town of; Water Works System; Bond Election. Dallas, Water, Light and Sewerage Commissioners; Office of Abolished. Dalton, City of; Street Improvement. Dawson, City of; Street Improvement. Douglas Charter Amended. Dublin Charter Amended. Dublin, City of; Charter Amendment; Election to Ratify. East Lake, Town of; Zoning Regulations. Page 364 East Point, Town of; Election to Repeal Charter of. East Thomaston Charter Amended. East Thomaston, Village of; Public School System Created. Eatonton, City of; Appropriations for Schools. Eatonton Marshal and Assistant Marshal; Election as to. Edison Charter Amended. Folkston Charter Amended. Forsyth, City of; Registration of Voters. Glennville Charter Amended. Hapeville, City of; Election to Repeal Charter. Hartwell Charter Amended. Hawkinsville Charter Amended. Hawkinsville, City of; Tax Appeals. Irwinton Territorial Limits Changed. Jasper Charter Amended. Jefferson Charter Amended. Jersey Public Schools Abolished. Jesup Officers; Election and Appointment. Louisville Charter Amended. Ludowici, City of; New Charter for. Lumpkin Charter Amended. Luthersville Mayor and Councilmen; Election for. Macon Charter Amended. Macon, City of; Joint Board of Health. Manchester Charter Amended. Marietta, City of; School Bonds; Election to Ratify. Moultrie Charter Amended. Ocilla Public School; Election to Abolish. Pelham, Town of; Qualifications and Registration of Voters. Perry Public Schools Abolished. Quitman Charter Amended. Richland Public School System Established. Rochelle Charter Amended. Rossville, City of; Charter Amendment; Water-Works Lease. Sandersville Charter Amended. Savannah Board of Education; Terms of Office. Savannah, City of; Appropriation for the Savannah Fair. Scotland Public School System Abolished. Snellville, Town of; Charter of. Sparta Board of Education; Enlarged Powers; Election to Ratify. Sparta Charter Amended. Spring Place Public Schools Abolished. Sylvester Territorial Limits Extended. Talbotton Charter Amended. Tennille Water and Light Commission Created. Thomson Board of Education; Act of 1907 Amended. Valdosta, City of; New Charter for. Valdosta Territorial Limits Extended. Vienna, City of; Registration of Voters. Warrenton Charter Amended. Washington, Town of; Charter Amended; Election to Ratify. Waycross, City of; Election to Increase School Tax. Wrightsville, City of; New Charter for. ALBANY BOARD OF EDUCATION; ACT OF 1922 REPEALED. No. 86. An Act to repeal the Act of the General Assembly of 1922, approved August 21, 1922, contained in the published Acts of the General Assembly of 1922 on pages 454 et seq., amending the Act of the General Assembly of 1906, Page 365 approved August 21, 1906, which provided for a system of public schools in and for the City of Albany and a tax to support and a board of education to conduct the same; to re-enact, restore and revive such parts of said Act of 1906 as were amended or repealed by said Act of 1922; to appoint and continue in office members of said board of education, to ratify, declare legal and confirm all Acts and things performed by said board of education as constituted and elected under said Act of 1906, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act of the General Assembly of 1922 which amended an Act of the General Assembly of 1906 by changing the number of the members composing the Board of Education in and for the City of Albany and by changing the method of the election of said members and being entitled An Act to amend an Act entitled `An Act to provide for a system of public school 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, 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, Page 366 approved August 21, 1922, be and the same is hereby repealed. Act of 1922 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That those parts or portions of the Act of 1906 which were repealed by said Act of 1922 shall be and the same are hereby re-enacted, revived and declared of as full force and effect as they were prior to said repeal. Re-enactment of portions of Act of 1906. Sec. 3. Be it further enacted by the authority aforesaid, That all members of said board of education elected or appointed under and by virtue of said Act of 1906 in office at the date of the passage of said Act of 1922 shall be and they are hereby continued in office for their respective terms of office and until their successors are elected and qualified; and all Acts and things done, performed by said board of education as constituted under said Act of 1906, since the 8th day of January, 1923, shall be and are hereby ratified, declared legal and confirmed. Terms of office of members. 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 8, 1923. ALBANY CHARTER AMENDED; ACT OF 1922 REPEALED; PRIOR LAW RE-ENACTED. No. 19. An Act to repeal the Act of the General Assembly of Georgia known as The Commission City Manager Form of Government Act, approved August 21, 1922, set out in the published Acts of the General Assembly of 1922, page 457 et seq., and being amendatory of the charter of the City of Albany as contained in the Act of the General Assembly of 1917, approved August 18, 1917, and the Acts amendatory thereof; to re-enact, restore Page 367 and revise so much of said Acts of the General Assembly of 1917 and the Acts amendatory thereof as were directly or indirectly repealed by said Act of August 21, 1922, or said Commission City Manager Form of Government Act; to nominate and continue in office certain officers for said City of Albany under said Act of 1917; to ratify, confirm and declare legal all Acts and things done and performed by the City of Albany or its mayor and council as constituted and acting under said Act of 1917 since the 7th day of January, 1923; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act of the General Assembly of Georgia entitled 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 council; to provide for certain councilmen to become commissioners; to provide the manner of election of commissioners, to fix their qualifications, 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 terms 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 Page 368 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 board; to provide that no city official or employees shall be financially interested in any city contracts or expenditures, or receive free passes or franks; to preserve all laws and ordinances not inconsistent with this Act; to preserve certain officers 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 marshal shall be filled by a member of the 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, Page 369 board of education and trustees of Carnegie Library; to provide for a referendum on 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, approved August 21, 1922, known as House Bill No. 529 and contained in the published laws of Georgia in the Acts of 1922, on pages 457 et seq., and known as The Commission City Manager Form of Government Bill for the City of Albany, be and the same is hereby repealed. Act of 1922 amended. Sec. 2. Be it further enacted by the authority aforesaid, That all parts of the Act of the General Assembly of Georgia, approved August 18, 1917, entitled An Act to create and establish a new charter for the City of Albany, to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper of said city; to confer jurisdiction upon said city; to exercise police power over, and to regulate certain matters and offenses in certain territory beyond its corporate limits proper, and to make all valid ordinances of said city heretofore or hereafter adopted relative to such matters and offenses, operative in said territory; to confer power upon said city to acquire and own property beyond its corporate limits for certain purposes, and to own and operate a municipal abattoir, and to control and regulate other abattoirs or slaughter houses; to provide that no valid or existing ordinances, rule or regulation of the former corporation, nor any contract or right made or acquired under the same, shall be affected by this Act, and for other purposes, and the Acts amendatory thereof as were repealed by the Act of the General Assembly of 1922 itself repealed in section one of this Act, be and the said parts of said Act of 1917 are hereby re-enacted, restored, revived and declared as of full force and effect as if said parts had not been repealed. Re-enactment of Act of 1917. Sec. 3. Be it further enacted by the authority aforesaid, that H. A. Peacock, mayor; A. E. McLain, councilman-at-large, and all members of council, officers and employees Page 370 of said city, elected or appointed under and by virtue of said Act of 1917, in office at the date of said Act of 1922, or elected or appointed since that time, shall be and they are hereby continued in office for their respective terms of office and until their successors are elected and qualified; and all Acts and things done and performed since the 7th day of January, 1923, by said city or said mayor and council as constituted and acting under and by virtue of said Act of 1917, shall be and the same are hereby ratified, confirmed and declared legal. Officials continued in office. Ratified. 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 8, 1923. ALBANY, CITY OF; NEW CHARTER FOR. No. 303. An Act to create and establish a new charter for the City of Albany; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper of said city, and to confer extra territorial jurisdiction upon said city within certain adjacent territory; to exercise its police power over and to regulate certain matters, things and offenses; to provide for the execution, service and return of certain writs, warrants or executions of said city beyond the limits of said city and within the State; to confer power upon said city to acquire and own property beyond its corporation limits for certain purposes; to own and operate municipal abattoir or slaughter house, and to control, regulate or prohibit other abattoirs or slaughter houses within the corporate or police limits of the city; to provide that no valid or existing ordinance, rules or regulations of Page 371 the former corporation nor any contract or right made or acquired under the same shall be affected by this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory in the County of Dougherty, hereinafter described, are hereby continued incorporated by the name and style of City of Albany, a body corporate and politic, with power to govern themselves by such ordinances, resolutions, rules, regulations and by-laws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States, with power in and by said corporate name to contract and be contracted with, sue and be sued, plead and impleaded in all courts, and to have and use a common seal and to do all other things necessary to promote the municipal corporate purposes of said city; and shall be able in law to purchase, hold and receive, enjoy, possess, retain, manage and dispose of for the use and benefit of the said City of Albany any interest in any real or personal property of whatsoever kind or description within or without the corporate limits of said city, to hold all property and effects now belonging to said city either in its name or in the name of others, for its use, for the purpose and intents for which the same were granted or dedicated; in like manner to use, manage and improve, sell and convey, rent or lease, and otherwise manage and dispose of all property hereinafter acquired; and all transfers and conveyances of real or personal property heretofore made by said city are hereby confirmed, ratified and declared legal; Provided, that no public utility or any property used in connection therewith and necessary for the maintenance of the same owned or controlled by the City of Albany, shall ever be sold, leased or otherwise disposed of unless the contract for such sale, lease or other disposition shall have at first been assented to by two-thirds of the qualified voters of the city at an election held for that Page 372 purpose as other city elections are held. And said City of Albany shall succeed to all the rights and liabilities of the old corporation, and all existing valid ordinances, rules, by-laws and resolutions of the old corporation remain unaffected hereby and are hereby continued and confirmed. Corporate name. General powers. Proviso. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits proper of said city shall be as follows, to wit: Commencing at the point (marked by a corner stone) at the northwest corner of Davis and Seventh Streets extended north and west, respectively, run a line south twenty-five hundred (2,500) feet to a point on the north line of Second Street (marked by a corner stone), thence due west seventeen hundred and seven and one-half (1707) feet to a point (marked by a corner stone); thence south eighty-two hundred and thirty-two (8232) feet, to a point (marked by a corner stone); thence east forty-seven hundred and seventy (4770) feet to a point (marked by a corner stone); thence south thirty-two hundred and twenty (3220) feet to a point (marked by a corner stone); thence due east seventeen hundred (1700) feet to a point (marked by a corner stone); thence due south seven hundred (700) feet to a corner stone; thence due east to a corner stone, at low water mark, on the east bank of the Flint River; thence in a northerly direction along said bank of said river (at low water mark) to a point (marked by a corner stone) on the south line of State Street, extended east; thence east along the said line of State Street forty-six hundred sixty (4660) feet to a corner stone; thence north twenty-nine hundred and thirty (2930) feet to a point (marked by a corner stone) on the north line of North Street, extended east; thence west along said north line of North Street thirty-nine hundred (3900) feet to a corner stone at the east bank, at low water mark, of said Flint River; thence in a northerly direction along said east bank of said river at low water mark to a point (marked by a corner stone) where the north line of Seventh Street, extended east, intersects the east bank at low water mark of said river; thence west along the north line of Seventh Page 373 Street six thousand seven hundred and ninety and one-half (6790) feet to the beginning point, at the northeast corner of Seventh Street and Davis Street; Provided, that for the purpose of the exercise by the authority of said city of police power and authority over offenses, matters or things affecting in any manner or degree health, peace, good order, safety and morals, and over persons offending against the laws or ordinances relative thereto the corporate limits proper, as above defined, are hereby extended for a distance of one-half mile in every direction, and within said extended corporate limits and power and authority to exercise such police power and authority is hereby vested in and conferred upon the board of city commissioners of said city, and all valid ordinances of said city heretofore or hereafter enacted, relative to or covering said offenses, matters or things or said offending persons, shall become and be operative and of full force and effect in and throughout the territory within said extended corporate limits, and said territory shall be known as the city's police limits and the power and authority is hereby vested in and conferred upon any and all of the police or arresting officers of said city in the enforcement of said ordinances to make arrests, or execute warrants or other process of the city within said territory and to make arrests therein for the violation of any State law relative to said offenses, matter or things, or offending persons and all summons, subpoenas, warrants and writs issued by authority of said city shall be operative and have full force and effect in the said territory. Corporate limits. Proviso. (a) The city proper shall be divided into wards as follows: Division by wards. The first ward shall include all that part of the City of Albany lying east of Flint River and known as East Albany. The second ward shall include all that part of the City of Albany lying south of the center of North Street extended, east of the center of Jefferson Street, to Flint River. Page 374 The third ward shall include all that part of the City of Albany lying north of the center of North Street extended, east of the center of Jefferson Street, to Flint River. The fourth ward shall include all that part of the City of Albany lying north of the center of Flint Street extended, and west of the center of Jefferson Street. The fifth ward shall include all that part of the City of Albany lying west of the center of Jefferson Street and south of the center of Flint Street extended. Sec. 3. Be it further enacted by the authority aforesaid, That the municipal government shall consist of a board of seven commissioners, one to be elected from each of the five (5) wards of the city as said wards now or may hereafter exist, by the voters of the respective wards, and two (2) commissioners to be elected from the city at large by the voters of said city at large, and such other officers, servants and agents in addition to those hereinafter enumerated, as the board of city commissioners may lawfully employ and elect. Seven commissioners. Said board of city commissioners shall be the supreme governing body of the city, exercising all privileges herein conferred upon the corporation and not otherwise specifically delegated. (a) Elections of members of the board of city commissioners shall be by a vote of the people, as hereinbefore prescribed, and shall be held under the election regulations hereinafter prescribed. Each commissioner shall, except as hereinafter in this paragraph excepted, serve for a term of two (2) years from the second Monday in January in each year next following the dates of their election, and until their successors shall have been elected and qualified. Commissioners; how elected. Term of office. G. G. Warde, W. M. Legg and C. W. Rawson are herein named and designated as commissioners from the second, fifth and third wards, respectively, to serve until the second Page 375 Monday in January, 1925, and until their successors are elected and qualified, as hereinbefore provided. Commissioners named. The first election hereunder shall be held on the first Monday in December, 1923, for commissioners from the first and fourth wards in said city, as herein established and for two commissioners at large, as hereinbefore provided, and the ones so elected are to serve until the second Monday in January, 1926, and until their successors are elected and qualified. First election. No candidate for a member of the board of city commissioners shall expend or promise any money, office, employment or other thing of value to secure a nomination or election. Candidate to make no promise. No person shall be eligible to represent any ward unless he has been a bona fide resident thereof at least three months prior to the election at which he offers himself as a candidate. If any commissioner shall remove his domicile from his ward during his term of office, this shall operate to cause a vacancy in the office of commissioner from that ward. Qualifications. No voter shall be eligible to vote for commissioner of any ward unless he has his domicile bona fide in said ward at the time of said election, and no voter can vote for any candidate for commissioner except a candidate from the ward in which said voter resides, and except the candidates for the city at large. Eligibility of voter. Any voter who may have registered in one ward, and at the time of the election shall be a resident of another ward, shall be entitled to vote in the ward in which he resides at the time of the election; Provided, that if challenged he shall take an oath that he has not theretofore, in said election, previously voted as a voter in any other ward. Proviso. (b) Each member of said board of city commissioners for the two years immediately prior to the date as of which he is entitled to qualify shall have been a bona fide resident Page 376 of the city, at least twenty-one years of age, and shall continue during his term of office a bona fide resident of the city. Eligibility of commissioners. (c) A vacancy (which shall exist in cases of death, removal from the city or ward as hereinbefore provided, resignation, unexcused absence from board meetings, as hereinafter provided) occurring on the said board shall be filled for the unexpired term at an election by the mayor and remaining members of said board, at least four members participating in the election; Provided, at the time of such vacancy it is not exceeding six (6) months before the expiration of said commissioner's term of office. If, however, said unexpired term is longer than six (6) months from the date of such vacancy, the board shall, within fifteen (15) days, order an election, and such election shall be held and managed in the same manner as hereinafter provided for said elections, at which special election a successor for the unexpired term caused by said vacancy shall be elected. Vacancies, how filled. Proviso. (d) The board of city commissioners shall organize on the second Monday in January, 1924, and at said organization and on the second Monday in January thereafter, shall elect one of its members as mayor for a term of one year. If after five (5) days from said meeting the board is unable to agree upon a mayor, then such mayor shall be selected from all of the members by lot conducted by the ordinary of Dougherty County. Organization. The mayor shall preside at all meetings of the commission and perform such other duties consistent with the office as may be imposed upon it, and shall have a vote and voice in all proceedings before the board, 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 former laws and ordinances of the City of Albany, not conflicting with this Act, so require it. In case of absence, death, sickness or disability from any cause, the mayor shall be Page 377 unable to act, then any other member of the board may by the other members be designated to act and such appointee shall have all the powers and privileges of the mayor. The mayor shall be recognized as the official head of the city by the courts for the purposes of service of process and by the Governor and Federal authorities for military and ceremonial functions. In time of danger or emergency the mayor may, with consent of two commissioners, take command of the police and govern the city by proclamation and maintain order and enforce laws. Duties of mayor. Other member may act as mayor. (e) Each member of said board of city commissioners shall receive a salary of not exceeding six hundred dollars ($600.00) per annum, to be fixed by ordinance, payable in monthly installments on the first day of each month. The mayor shall receive not exceeding twelve hundred dollars ($1,200.00) per year, to be fixed by ordinance, payable in monthly installments on the first day of each month. Salaries. (f) All appointments and elections by the board of city commissioners shall be viva voce and the vote recorded on the minutes of the board. The commission may determine its own rules of procedure, and shall have power to punish by execution and attachment for contempt of the board in a penalty not to exceed fifty dollars ($50.00) or confinement in the city's prison or guard house not exceeding thirty (30) days, either or both in their discretion and may coerce the payment of said fines by imprisonment, and in this connection to pass all ordinances necessary in the premises, and shall have the power to adopt parliamentary rules for the conduct of business, and the board shall keep minutes of the proceedings of and before said board; a majority of the board shall constitute a quorum to do business, but less than a majority may adjourn a meeting to a future day certain. All valid ordinances of the City of Albany existing and in force at the date upon which this Act takes effect with reference to procedure before the mayor and council shall continue of force and apply where applicable to procedure before the board until by the board Page 378 altered or repealed. Each commissioner shall before qualifying and entering upon the discharge of his duties take and subscribe upon the minutes of the board the following oath, to wit: I do solemnly swear that I will faithfully and uprightly demean myself as a member of the Board of City Commissioners of the City of Albany during my continuance in office; that I will to the utmost of my skill and ability promote the interests and prosperity of the city, and that I will not willfully and knowingly use or be the cause of using tyrannical means towards any citizen or portions of citizens of the city, so help me God. Appointments by board. Power of commission. Quorum. Ordinances in force. Oath. The board of city commissioners shall provide by ordinance for the impeachment and trial of any member of the board who upon conviction of malpractice in office or any wilful neglect or abuse of the powers and duties of the same shall be dismissed from office. Reasonable notice and fair hearing shall be given the accused. Impeachment of members. (h) The mayor or any member of the commission, or the city manager, may call a special meeting of the commission at any time upon twelve (12) hours' written notice of the call to each member, such notice to be served in person or left at the member's residence or place of business, or a special meeting may be had at any time, provided all members attend or answer the roll call. All meetings of the board of city commissioners shall be public and any citizen may access to the minutes of the board and other municipal records at all reasonable times; for each absence of a commissioner from the regular meeting of the commission there shall be deducted from the pay of such commissioner a sum equal to two per cent. of the annual salary of the commissioner. Absence from five consecutive, regular meetings shall operate to vacate the office of a commissioner unless the absence is excused by the commission by resolution setting forth the reason thereof and entered upon the minutes of the board. Special meetings. Meetings to be public. Deduction from salary for absence. (i) On the second Monday in January, 1924, the board of city commissioners shall elect (1) a city manager, (2) a Page 379 city attorney, (3) a city clerk and city treasurer (which offices of city clerk and treasurer shall be performed respectively by one and the same person), (4) a chief of the fire department, (5) a marshal or chief of police, and (6) a city physician, and, either at that time or thereafter at their pleasure may elect (7) a police court recorder, and all of said offices shall be for a term of each fiscal year and until their successors are elected and qualified. But all encumbents shall be subject to removal with or without cause or notice at the pleasure of the commissioners. No member of the board of commissioners shall be directly or indirectly interested in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other article paid for out of the public revenues for which the city becomes responsible, nor shall any member of the board of city commissioners knowingly accept any gift, free ticket or pass, from any person, firm or corporation operating a public utility or engaged in a business of a public nature in the city, or from any person known to be endeavoring to secure a contract with the city; Provided, that this section shall not apply to cases wherein the general law permits certain officials receiving franks or passes. City officers to be elected. Terms. Subject to removal. Members may not accept gift, etc. Proviso. Sec. 4. The city manager shall be the administrative head of the municipal government. Such manager shall be chosen by the board of city commissioners without regard to political beliefs and solely upon the basis of the executive and administrative qualifications of such persons. The choice shall not be limited to inhabitants of the city or the State. City manager. (a) The city manager shall receive such compensation as may be prescribed by ordinance of the board of city commissioners. Compensation. (b) During the absence or disability of the city manager the commission shall designate some properly qualified person to perform the duties of the office of city manager. Other person may perform duties of city manager. Page 380 (c) 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 of the affairs of the city over which he has jurisdiction. Responsible for city administration. (d) The city manager shall have power and it shall be his duty: Powers and duties enumerated. (1) To see that all laws and ordinances are enforced. (2) To appoint and employ all necessary employees of the city; Provided, that except from the power of this appointment are those officers and employees who by this Act are appointed or elected by the board of city commissioners or departments not under the jurisdiction of city manager. Proviso. (3) To remove employees employed by him without the consent of the commission and without assigning any reason therefor; Provided, nothing herein shall operate or confer upon the city manager supervision and control over the city board of education, trustees of Carnegie Library, water, light and gas commission, police department, fire department. Proviso. (4) To exercise supervision and control of all departments and all divisions created in this charter, or that may hereafter be created by the commission except as otherwise provided in this Act. (5) To attend all meetings of the commission with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings. (6) To recommend to the commission for adoption such measures as he may deem necessary or expedient. (7) 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 Page 381 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. (8) To make and execute all lawful contracts on behalf of the city as to matters within his jurisdiction, 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 five hundred dollars ($500.00) shall be valid and binding until after approval of the commission. (9) To act as budget commissioner with such committee as the commission may appoint 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 amount allotted to each department of the city government and the reasons for such estimated expenditures. (10) To keep the commission at all times fully advised as to the financial condition and needs of the city. (11) 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. (12) To fix all salaries and compensation of city employees lawfully employed by him, subject, however, to supervision, control or disapproval by the commission. (13) To perform such other duties as may be prescribed by this Act, or required by ordinance or resolution of the commission. (14) The city manager shall be the purchasing agent for the city by whom all the purchases of supplies for departments under his control, as well as those for the fire Page 382 and police departments, as hereinbefore provided, and all contracts for printing shall be made, as hereinbefore provided, and he shall approve all vouchers for same; Provided, that all contracts or agreements made by him requiring the expenditure of money to the amount of five hundred dollars ($500.00) or more shall be approved by the board of city commissioners. 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; all purchases and sales shall conform to such regulations as the city commissioners may from time to time prescribe, but in any case, if an amount in excess of five hundred dollars ($500.00) be involved, opportunity for competition shall be given after reasonable advertisement thereof. (15) The city manager, before entering upon the discharge of his duties, shall give bond in the penal sum of at least ten thousand dollars ($10,000.00) to be fixed by the board of city commissioners and to be approved by the mayor and clerk (the premium of which shall be paid by the city), payable to the City of Albany and its successors in office, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and any of the public, by reason of his default, misfeasance, malfeasance or non-feasance in the performance of his duties. Sec. 5. The city attorney shall act as legal adviser and attorney and council to the municipality and all its officers in matters relating to their official duties and in addition thereto shall perform such other duties as the board of city commissioners shall prescribe. City attorney; duties. Sec. 6. The city clerk shall discharge all duties imposed by legislative act and city ordinance. He shall devote his entire working time to the duties of his office, shall attend all meetings of the commission and keep accurate minutes of their proceedings. City clerk; duties. Page 383 Sec. 7. The city treasurer shall be the custodian of all moneys and securities of the municipality and shall keep and preserve the same in such manner in such place or places as shall be determined by the board of commissioners. He shall pay out money by warrants signed by the city manager and countersigned by the mayor. In addition to those duties the city treasurer shall perform such other duties for his office as may be prescribed by the board of city commissioners. City treasurer; duties. Sec. 8. The marshal or chief of police shall discharge and perform the duties with reference to the enforcement of the city laws and municipal ordinance, and in addition thereto shall perform such other duties as the board of city commissioners may from time to time prescribe. Marshal or chief of police; duties. Sec. 9. The chief of fire department shall be executive head of the fire department and shall be responsible for the good order and efficiency of same, and shall make such report to the board of the condition of the department as may be required. He shall be and is hereby made ex-officio a police officer of the city and empowered to make arrests as regular police. Fire department chief; duties; police officer. Sec. 10. In the event that the board of city commissioners shall elect a recorder he shall be ex-officio justice of the peace and shall preside in the city police court as hereinafter constituted. He shall be an attorney of at least five (5) years' practice and shall perform such duties as the board of city commissioners may prescribe by law. Recorder; duties. Sec. 11. The city physician shall perform such duties as may be prescribed by laws and by the board of city commissioners, and shall be a physician of at least five (5) years' practice. City physician; duties. Sec. 12. Members of the fire and police departments shall be suggested to the board of city commissioners, respectively, by the chiefs of such departments and the commission Page 384 shall give due consideration to the nominees so suggested, but may or may not, in their discretion, elect nominees. Members of fire and police departments. Sec. 13. Residence in the City of Albany or a majority age shall not be required as necessary qualification for any of the above enumerated officers or employees. Qualifications. Sec. 14. All officers and employees of the city, except the city manager herein otherwise specially provided for, shall be required to take such oath to properly perform their duties, and to give such bond, payable to the City of Albany and its successors, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and the people for any loss or damage by reason of their default, misfeasance, malfeasance, non-feasance or negligence, as the board of commissioners may by ordinance prescribe. Oath; bond. Sec. 15. The city treasurer and all other officers having charge of funds or securities belonging to the city shall deposit the same in such depository as the board of city commissioners shall designate, and such officers shall not be responsible for loss through failure of such depository. All authorized bills against the city shall be paid by warrant drawn on the treasurer by the city manager and countersigned by the mayor. Funds to be deposited in city depository. Sec. 16. No municipal officer or employee shall knowingly accept any gifts, franks, free ticket or pass from any person, firm or corporation operating a public utility or engaged in business of a public nature within the city, or from any person known to be endeavoring to secure a contract with the city; Provided, this section shall not apply to transportation of policemen or firemen in uniform or wearing their official badges, nor to persons allowed by general law to use passes or franks. No municipal officer or employee shall be interested directly or indirectly in any contract made by the city or receive any profit or emolument Page 385 for purchase or sale of material or other article bought out of public revenues or for which the city becomes responsible. No employee may receive gift, etc. Proviso. Sec. 17. Be it further enacted by the authority aforesaid, That the salaries and compensation of all officers and employees appointed by the board of city commissioners shall be in such amount as the board of commissioners may from time to time fix. Salaries and compensation. Sec. 18. Be it further enacted by the authority aforesaid, That the board of commissioners of said city shall have power to pass any and all ordinances or resolutions that they may deem requisite and proper to the peace, security, welfare, health, good government and convenience of said city and to prescribe punishments for the violation of the same, in a fine not exceeding two hundred dollars ($200.00) or imprisonment in the guard house, city prison or other place provided, or compulsory labor on the streets or other public works or city chain gang, not to exceed sixty (60) days, and either one or both of said punishments may be prescribed, or the several punishments made cumulative, or the fine may be imposed with an alternative of said imprisonment or compulsory labor, and the fine imposed may be coerced by such imprisonment or labor. Said board of city commissioners shall have power to erect and maintain suitable guard houses, city prisons, or work houses for the confinement and detention of persons arrested and convicted for the violation of the city ordinances. Ordinances, resolutions, etc. Punishments for violation of ordinances. Guard houses. (1) All ordinances before they shall pass shall be read twice and each reading had at separate meetings, regular or special or separate days, and the first reading shall be at a regular meeting of the board of city commissioners; Provided, that both readings of said ordinance may be had at the first meeting upon unanimous consent of the board of city commissioners to that effect; provided, further, that ordinances or resolutions appropriating or involving expenditure Page 386 of money, for purposes other than ordinary current expenses shall be read twice as above provided, and the rule shall not be suspended. Ordinances read twice before passing. Proviso. (2) All ordinances and resolutions shall be signed by the mayor or the officer presiding at the time of their passage and countersigned by the city clerk. Ordinances signed by mayor and clerk. (3) All ordinances and resolutions shall be in writing and have endorsed thereon the name of the commissioner introducing same and the date of its readings. Such ordinances or resolutions shall be numbered and filed away and properly preserved. There shall be kept by the city clerk a regular ordinance and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the record of which shall be signed by the mayor or acting mayor or the officers presiding at the time of the passage of the same, and countersigned by the city clerk under the seal of the city; Provided, that nothing herein contained shall operate to prevent said board of city commissioners from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions which do not conflict herewith; provided, further, that nothing contained in this and previous paragraphs shall effect in any manner any existing valid ordinance of said city. Ordinances and resolutions. Record. Proviso. Sec. 19. Be it further enacted by the authority aforesaid, That said board of city commissioners shall have the power and authority to adopt, maintain and declare of force a code of ordinances, resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect as the board of city commissioners may deem proper to include therein, or a revision thereof, or of entirely new ordinances, resolutions and rules and may contain such of either as said board of city commissioners see fit to include therein. And said code shall be subject to amendment or repeal, in whole or in part, at any time; Provided, that in adopting Page 387 a code it shall not be necessary to read the same twice, or record same nor the ordinances, resolutions and rules therein as in this charter in Section 18, Paragraph (1), provided for the passage and adoption of ordinances and resolutions which said Section 18, Paragraph (1), shall not apply to said code; provided, further, that only the ordinance adopting a code shall be passed in accordance with said Section 18, Paragraph (1); provided, further, that nothing in this section contained shall render said Section 18, Paragraph (1), inoperative relative to ordinances and resolutions adopted subsequent to, or amending said Code. Code of rules, etc. Proviso. Sec. 20. Be it further enacted by the authority aforesaid, That all elections, both general and special, for whatever purpose, held in said city shall be conducted in accordance with the following regulations. Elections. (1) The board of city commissioners shall appoint, prior to each election, a board of three managers for each election precinct where an election is had, each of which managers shall be a qualified voter of the city, and who shall before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer the same, the following oath: All and each of us do swear that we will faithfully manage this day's election; that we are qualified voters in said city; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is entitled to do so, according to the laws of the city, nor knowingly prohibit any one from voting who is so entitled by law; and will divulge how any vote was cast, unless called on under law to do so, so help us God. And said managers shall appoint three (3) clerks. Managers. Oath. (2) That all elections shall be held at the county court-house and such other places as may be prescribed by ordinance. Place of voting. (3) That the votes shall be given by ballot and secretly, no one but the election managers being allowed to be present Page 388 with the voter, except in case of a challenge, the person challenging, who shall immediately withdraw after the decision of the managers is made. Secret ballot. (4) In case a voter is unable by illiteracy or physical disability to prepare his ballot, one of the managers may at the voter's request and in the presence of the other two prepare his ballot for him. May prepare ballot, when. (5) The polls shall be open from seven (7) a. m. to six p. m., standard time. Time. (6) There shall be kept by the three clerks appointed by the managers as hereinbefore prescribed three (3) lists of the names of the voters, which names shall be numbered in the order of their voting, and also three (3) tally sheets. List of voters. (7) As each ballot is received the number of the voter on the list shall be marked on his ballot before said ballot is deposited in the box. Ballot shall be marked. (8) When any voter is challenged that fact shall so written opposite his name on the list and also on his ballot, and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia, that I have attained the age of twenty-one (21) years and resided in the State for one year, in the County of Dougherty six (6) months and in the City of Albany three (3) months next preceding the election; that I have paid all the taxes which since the adoption of the present Constitution of this State have been required of me, and which I have had opportunity to pay agreeable to law, except for the year in which this election is held, and that I have not voted before at this election, so help me God. Any voter who shall refuse to take the oath when challenged shall have his ballot rejected. Oath, when challenged. (9) To preserve peace and good order at the polls, so that every voter may have an unobstructed opportunity of casting his ballot, and so the secrecy of the same may be maintained, it shall be the duty of the proper municipal Page 389 authorities to furnish a sufficient number of police to secure that end. Police at polls. (10) The managers shall not begin to count the votes until the polls are closed. Vote, when counted. (11) When the votes are all counted out, there must be a certificate signed by all the managers, stating the number of votes each person or question, as the case may be, voted for, or upon, received and each list of voters and each tally sheet must likewise have written the signature of the managers thereon. Certificate. (12) The oath of the managers, together with their certificate and one tally sheet and list of voters shall securely sealed in an envelope with the name of the managers endorsed thereon, and delivered to the city clerk, who shall keep same safely and have it at next meeting of the board of city commissioners. Oath, tally sheets, etc. (13) That one tally sheet, one list of voters and all of the ballots shall be sealed up in the ballot box and the names of the managers written across the seal, which said box and its contents shall be delivered to the city clerk and by him safely kept until called for by the lawful authority and the remaining sheet and list of voters shall be retained by the managers and by them likewise safely kept until called for by lawful authority; Provided, that if the same is not called for by lawful authority within sixty days after the election, the clerk shall procure the tally sheet and list of voters retained by the managers and shall destroy them, together with the tally sheet, list of voters and ballots returned to him in the ballot box, retaining only the papers returned under paragraph twelve (12) hereof, which shall be filed away and safely kept. Tally sheets, etc., to be scaled. Proviso. (14) The board of city commissioners shall, at their first meeting after the election, receive said returns from the city clerk and declare the result of the election in accordance with the certificate of the managers, those receiving the highest number of votes being declared elected, or the Page 390 question voted upon being declared carried or not carried, as the case may be, with certificate, together with the resolution of the commission declaring the results of the election, shall be entered on the minutes of the commission. Commissioners shall declare results. (21) Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly, in the County of Dougherty, who shall have paid all taxes legally imposed and demanded by the authorities of the city, including the street tax, except for the year in which the election occurs, and who shall have resided three (3) months within jurisdictional limits of the City of Albany and have registered as hereinafter provided, shall be qualified to vote at any city election. Qualification of voters. Sec. 22. Be it further enacted by the authority aforesaid, That the city clerk or, in case of his sickness or absence, any officer of the city duly appointed by the board of city commissioners for that purpose, shall open at the clerk's office (or at such place as may be designated by the board of city commissioners, notice of such change being given by newspaper publication) forty-five days prior to each election, a list for the registration of voters, which list shall be kept open from nine o'clock a. m., until one o'clock p. m., and from two o'clock p. m. until six o'clock p. m., standard time, each and every day, Sunday excepted, for a space of thirty (30) days, when it shall be finally and absolutely closed at six p. m. on the thirtieth day; Provided, that in all elections for the authorization of a bonded or other indebtedness the State law shall in all respects govern where in conflict with this charter. Registration of voters. Proviso. (1) Upon application in person by such persons entitled to register who shall furnish to the city clerk evidence of their qualification, the clerk or other registering officer shall allow said person to enter upon the registration list their name, and shall require such persons, in addition to entering his name, to enter his age, residence and occupation. Said names shall be alphabetically arranged in the register, Page 391 the white and colored being kept separate, each voter to register from the ward in which he resides, and the registration book shall show the names of the voters by wards. Registration in person. (2) The registering officer shall be the judge of the qualification of those offering to register, with the right to appeal by the applicant for registration to the board of city commissioners, but the registrar may in his discretion administer to the applicant the following oath: I do solemnly swear that I am twenty-one years of age, or will be on the day of the election, and am qualified by citizenship, residence and payment of taxes to vote for members of the State Legislature in the County of Dougherty; that I will have resided in the City of Albany for at the last three (3) months at the time of the election, and have paid all taxes which have been required of me by the authorities of said city and which I have had opportunity to pay aggreeable to law, since the adoption of the present Constitution, except for the year of the election, so help me God. And when applicants are sworn a minute of that fact shall be entered opposite their names on the list. Officer to judge qualifications. Oath. (3) Any qualified voter, who, by reason of physical disability or prolonged absence from the city, is unable to apply in person for registration, may make an affidavit before some officer of this or any other State, authorized by law to administer same, stating the age, occupation, residence and cause of disability of applicant, and when the clerk or other registering officer shall receive such affidavit, during the time in which the lists are open, it shall be his duty to enter the name of the applicant upon the register. Registration by affidavit. (4) That in order to guide the registering officer in the discharge of his duties, he shall obtain from the proper authorities the list of disqualified voters for that year as provided now or as may be hereafter provided for by the State law, and, in addition thereto, to prepare a list of all those who are disqualified to vote by reason of the non-payment of city taxes since the adoption of the present Constitution of the State, and shall also provide for a revision of Page 392 said list from year to year. And the registering officer shall refuse to register any person whose name appears on either of these lists, unless such person shall furnish satisfactory evidence that his qualification has been removed. List of disqualified voters. (5) The clerk of registering officer shall furnish the managers of the election prior to the opening of the polls, a certified copy of said city registration list arranged alphabetically, with the ages, occupations and residences of the voters named therein, white and colored being arranged separately. This shall be the only official registration list and shall be returned to the city clerk after the election and by him safely kept and preserved. Clerk to furnish certified list. Returned to and preserved by clerk. (6) Any person voting illegally at any election herein provided for shall be guilty of a misdemeanor, and be punished as prescribed in Section 666 of the Penal Code of Georgia. Any person who shall falsely take the oath provided for in paragraph two (2) of section twenty (22) herein shall be guilty of false swearing and shall be punished as prescribed in Section 262 of the Penal Code of Georgia of 1910. Punishments as prescribed in Code of 1910. Sec. 23. Be it further enacted by the authority aforesaid, That the regular police force of the City of Albany shall consist of the marshal or chief of the police, a deputy marshal or deputy chief of police, and such other officers and members as the board of city commissioners shall prescribe. Before qualifying they shall take oath to faithfully discharge the duties imposed upon them by the ordinances and rules of the city and by the State laws and shall give bond conditioned and in the amount as shall be prescribed by city ordinance. Compensation of members of the regular police force shall be provided by ordinance by the board of city commissioners. It shall be the duty of the members of the police force to make arrests in the manner prescribed by law of persons violating the penal laws of the State or the ordinances of the city. It shall be the duty the marshal or chief of police to prosecute offenders against the penal laws of the State in the State Page 393 courts of the County of Dougherty. All employment of policemen shall be subject to discharge with or without cause and without notice. The board of city commissioners may upon request of any hotel, terminal company, railroad or street railway company or combination of railway companies, or any manufacturing company or amusement company, appoint any person or persons in the employ of the applicant as a special member of the police force of the city for a term at the will of the board of commissioners, and after taking the oath and giving the bond prescribed for the regular policemen said appointee shall be and he is hereby clothed with as full power to make arrests under the State law and under the ordinance of the City of Albany for the violation of any ordinance or law committed upon the premises of his employer as the regular police of said city; and all such appointments shall be entered upon the minutes of the board of city commissioners and the appointees shall receive no compensation from the city; and the board of city commissioners shall have power by ordinance to confer police authority upon any officer or employee of the city and to make such officers or employees as ex-officio member of the police force of the city, and such officer or employee shall then possess the full power and authority to make arrests for violations of the penal ordinances of the city governing matters relating to his employment as the regular police of the city; Provided, that the marshal or chief of police, with the approval and consent of the mayor, shall have the power, should circumstances require it, to employ or appoint for any emergency, such additional number of policemen, to be uniformed or not as he may direct, as to him shall seem needful for a period not exceeding five (5) days and any emergency where a longer period is required, the same shall only be extended in each case by board of city commissioners for such additional period not exceeding five (5) days, as to them may seem proper, and such temporary police shall be sworn as other policemen and shall receive the same rate of pay as the regular members of the police force; and Page 394 provided, further, that the board of city commissioners shall have the power to provide by ordinance for the election or temporary appointment of a force of detectives or plain clothes men for such term and compensation as the board of city commissioners shall prescribe. The board of city commissioners shall cause the entire regular police force of the city to be armed and so uniformed as to be readily recognized by the public as police officers, the arms and uniforms to be furnished at the expense of the city and shall remain the property of the city. Police force. Oath. Compensation. Duties. Persons vested with police powers. Proviso. Police force to be armed. Sec. 24. There shall be and there is hereby established in and for the City of Albany to be conducted in such manner, and at such time, except Sunday, as the board of city commissioners may prescribe, a city police court, in which court the mayor, or in the event that a city recorder is appointed by the board of city commissioners, then the recorder, shall be the presiding officer. In case of the absence or disability of the presiding officer for any cause, any member of the board of city commissioners designated by the board, shall preside. The procedure in said court, with reference to the conduct and trial of cases therein, not in conflict with this section of the charter or the general law shall be prescribed by the board of city commissioners or by rule or order of the presiding officer thereof not in conflict with this charter or city ordinances on the subject, and the board of city commissioners shall have the power to provide by ordinance for the compulsory attendance of all persons violating any municipal ordinance before said police court, by summons or copy of charges, to answer the offense charged, and, when employed, such summons or copy of charges shall be issued as provided for subpoenas and shall contain a summary or simple statement of the offense charged, and disobedience of said summons or copy of charges shall be punished as provided for disobedience of subpoenas. Police court; officers. Procedure. (1) Said police court shall have jurisdiction to try all offenders against the laws and ordinances of the city committed Page 395 within the corporate limits or police jurisdiction, and to punish persons convicted in said court of violating such laws and ordinances in a fine not to exceed two hundred dollars ($200.00) or by imprisonment in the guard house, city prison or other place provided, or by compulsory labor on the streets or other public works, or city chain gang not to exceed sixty (60) days, and either one or more of said punishments may be imposed, or the several punishments may be cumulative, or the fine may be imposed with an alternative of such imprisonment or compulsory labor or coerced or enforced by said punishment or labor; Provided, that the punishments, within the limits prescribed, shall only be imposed by said court in the amount and manner prescribed by the penal ordinance of said city, but in the event no penalty is provided for the doing of which is made unlawful by ordinances, the court shall have power to proceed to impose the punishments as herein enumerated. The jurisdiction of said police court shall further extend to the investigation of any charge involving or amounting to a violation of the penal laws of Georgia, when such charge is entered upon the docket of said court and when the offense is alleged to have been committed within the corporate or police limits of the city, and provided such charges are made in writing and verified to the best of the knowledge and belief of the person making the same. Jurisdiction. Punishments. Proviso. (2) The presiding officer of said court shall have the same power as judges of the superior court of this State to punish for contempt of said city police court by a fine not to exceed twenty-five ($25.00) dollars or imprisonment in the city guard house, city prison or other place provided, or in Dougherty County jail not to exceed ten (10) days, and either or both of said punishments may be imposed in the discretion of the court, or the fine may be imposed with the alternative of such imprisonment, or coerced by such imprisonment. Said presiding officer of said court shall be to all intents and purposes a justice of the peace insofar as to enable him to issue warrants for offenses committed within the City of Albany or its police jurisdiction against Page 396 the penal laws of this State, this either before or after a hearing or trial of the charge in said police court; Provided, the affidavit required by law to obtain warrants is first made before said presiding officer, which warrant may be executed by any member of the police force of the city. Said presiding officer of said court, as such ex-officio justice of the peace, shall have the power and authority to commit to the jail of Dougherty County offenders against the law of the State of Georgia, and to admit them to bail, in bailable cause for their appearance at the next term of a court of competent jurisdiction to be held in and for the County of Dougherty, after legal investigation, and shall, if the evidence in the trial of an offense against the ordinances of the city discloses the violation of any State law, have the power to bind the defendant over as above set forth. Presiding officer; powers; qualifications. Proviso. (3) The presiding officer of said court shall have the right and power to suspend, vacate or reduce penalties of said court imposed by him for legal grounds in his best judgment and discretion; it being the intention hereof to give the officer who pronounced the sentence power to vacate, alter or modify the same, when for good and legal reasons he may be convinced that such a course is consistent with justice; Provided, no fines which have been imposed and collected shall be refunded in whole or in part, except by the board of city commissioners upon written recommendation of the presiding officer, who may have imposed such fine. Penalties. Proviso. (4) There shall be kept in such court one or more dockets upon which shall appear the names of each person arrested by the officers and members of the police force in the city for any offense against the municipal ordinances or penal law, and each person brought before said court by summons, warrant or other writ issued therefrom, to answer for the violation of any ordinance of the city or any State penal law, together with the names of the witnesses against them, and a summary or simple statement of the offenses with Page 397 which they are charged, which statement shall be deemed sufficient notice to or accusation of the accused; Provided, the board of city commissioners may prescribe such additional notice or accusation as they may deem proper. Upon the trial of such persons the sentence imposed or the disposition of the case shall be entered in writing opposite the name and charge, by the presiding officer of said court, which respective entries signed by the presiding officer shall constitute the judgment of the police court in each respective case. Dockets. Accusation. Proviso. Result of trial entered in writing. (5) Said court shall have the power to compel the attendance of witnesses in all proceedings before said court by subpoena may be issued by the chief of police or any member of the police force, or city clerk, and shall bear test in the name of the presiding officer and shall contain a brief statement of the case, the time set for trial or hearing and the time at which the person subpoenaed shall appear. The presiding officer of said court shall have the power to punish any person disobeying said subpoena for contempt of court, within the limits of punishment in this Act prescribed. Such subpoena shall be served by any officer or member of the police force of the city. Any person who may be charged with contempt of court as hereinafter provided, may be arrested, by an attachment or warrant in writing signed by the presiding officer in said court, which said attachment or warrant may be executed by any member of the police force. Witnesses subpoenaed. Disobeying subpoena constitutes contempt of court. (6) The ministerial officers of said court shall be the chief, deputy chief and other members of the police force, any of whom may execute the mandates of the court and to whom, in the alternative, all mesne and final processes thereof shall be directed. Officers of court. (7) The right of certiorari from the decision and judgment of the police court shall exist in all cases and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. Certiorari. Page 398 (8) In any case where any person has deposited a sum of money as a bond for the appearance in said police court of a person charged with an offense which said court has jurisdiction to try, such sum of money shall be forfeited by the owner thereof and to be paid over by said police court to the city treasurer as the property of the City of Albany, in the event the party does not appear at the time appointed, for whose appearance such sum of money was deposited as a bond. Bond for appearance. (9) When any bond is given by any person charged with an offense against the ordinances or arrested for such offense, for his or her appearance at any session of the police court, and such persons so giving bond shall fail to appear at the time appointed in said bond for his or her appearance, then the presiding officer in said court shall issue a scire facias against the principal and his or her security, calling on them to show cause, in said court at the time specified in said scire facias, why said bond should not be forfeited, which said scire facias shall be served by any member of the police force of the city at least two days prior to the return day thereon upon the principal and sureties personally or in the absence of either from the county or State, then by one newspaper publication of said scire facias two days before the return thereof. If at the return time of said scire facias in said court no sufficient cause be shown to the contrary, judgment shall be entered upon said bond against said principal and his or her sureties. On the entering of said judgment the city clerk shall issue execution against the principal and surety, in conformity with such judgment, and in the form and manner prescribed for execution issued by the city for taxes, and which execution shall be placed in the hands of the city marshal who shall proceed to collect the same as tax executions are collected by the city. Failure to appear. (10) Persons sentenced to labor by said police court shall be turned over to the superintendent of streets or other officer in charge of the streets and public works, to Page 399 be put to work on said streets or public works in or around said city. Labor on streets or public works. (11) The board of city commissioners shall have the power to provide by ordinance for the charge and collection of all items of cost in cases brought into said police court, such as are incident and lawfully chargeable to the prosecution of said cases. Costs in cases in police court. (12) Upon the failure or refusal of any person to pay any fine or costs imposed by said police court the same may, in addition to other methods, be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city, and sales thereunder shall be conducted in the same manner. Failure to pay fine or costs. (13) Upon complaint being filed with the recorder or mayor, or in their absence or disability to act, any member of the board of city commissioners by affidavit or such other manner as he may require that any person has violated any municipal ordinance or law, said mayor or recorder shall have the power to issue a warrant for the arrest of said offender, which warrant shall be directed to the chief of police, his deputy or any member of the police before of the city, and shall be signed by said mayor or recorder. Violation of municipal ordinance. Sec. 25. Be it further enacted by the authority aforesaid, That there shall be a fire department maintained and operated in the City of Albany under such rules, regulations and ordinances as the board of city commissioners may prescribe. In addition to the chief, the fire department shall consist of such number of men who shall receive such salaries as may be provided by the board of city commissioners. The chief shall be the executive head of the department, shall be responsible for the good order and efficiency of same, and shall make such report to the board of city commissioners of the condition of the department as may be required, and said chief shall be and he is hereby made ex-officio police officer of the city and empowered Page 400 to make arrests as regular police. The chief and members of the fire department shall be elected by the board of city commissioners as hereinbefore provided. Fire department; members; salaries, etc. Chief is police officer. Sec. 26. There shall be a board of water, gas and electric light commissioners of the city of which the mayor shall be ex-officio chairman. In addition to the mayor said board shall consist of two (2) members elected by the board of city commissioners from the citizens of said city. Any one eligible to hold office in the City of Albany shall be eligible to the commission. The citizen members of said commission shall be elected for a term of two (2) years. One commissioner shall be elected on the second Monday in January, 1924, to succeed the commissioner whose term of office would then expire under the present charter of the City of Albany, and the election for a commissioner shall be held in each year thereafter on the second Monday in January to succeed the commissioner whose term of office at that time expires; all vacancies shall be filled for an unexpired term in not more than fifteen (15) days after such vacancies occur. Water, gas and light commissioners. Members. Terms. Vacancies. (1) The board of water, gas and light commissioners shall take and subscribe an oath to faithfully and impartially discharge their duties during their continuance in office, and shall keep a record, in book, to be kept for the purpose, of the acts and doings of said board, a full report of which shall be made quarterly to the board of city commissioners of said city; Provided, however, that the said board of city commissioners, by the adoption of a resolution to that effect, may change the time for making said report. The books, vouchers and papers of said board shall be subject to inspection and examination at any time by persons authorized to do so by the board of city commissioners. Oath. Records. Proviso. Books subject to inspection. (2) That a majority of said board shall constitute a quorum for the transaction of business, and all contracts and engagements, acts and doings of said board of water, gas and light commissioners, within the scope of their authority, Page 401 shall be obligatory upon, and be in the law considered as if done by the board of city, commissioners; Provided, however, that no election that shall be held by said board of water, gas and light commissioners shall be valid unless all three (3) members of the board of water, gas and light commissioners are present and vote in said election. Quorum. Proviso. (3) That said board of water, gas and light commissioners shall biennially, on Tuesday of the second Monday in January, elect one superintendent of waterworks, gas and electric lights, whose term of office shall be for one year, and until his successor is elected and qualified, but he shall be subject to removal with or without cause or notice at the pleasure of said board. He may be required to make stated reports to both the board of city commissioners and the board of water, gas and light commissioners, and his compensation shall be fixed by the board of water, gas and light commissioners. In addition said board of water, gas and light commissioners shall have the power to employ such number of persons as may from time to time be found needful in the management and operation of said electric light, gas and waterworks plants, but no such employment shall be for a longer period than one (1) year, and such employees shall be subject to removal with or without cause or notice at the pleasure of said board; the compensation of all such employees to be fixed by the board of water, gas and light commissioners. Time of meeting. Superintendent; term of office; duties. Other employees. Compensation. (4) That said board of water, gas and light commissioners shall have power to establish a scale of water, gas and electric light rates, make and enforce rules for the collection of same, adopt rules and regulations respecting the introduction of water, gas and electricity into or upon any premises, and from time to time to regulate the use of water, gas and electricity in such manner as shall seem to them necessary and proper; and shall have the further power to furnish at cost, place and compel the use of meters, and prescribed the kind, and make the use of same a Page 402 condition precedent to furnishing premises with water, gas or electricity and to prescribe how and where such meters shall be placed; and the members of said board of water, gas and light commission, the superintendent and all inspectors in their service, are hereby authorized and empowered to enter at all reasonable hours any dwelling or other place where said water, gas or electricity is taken or used, and where unnecessary waste thereof is known or suspected, and examine and inquire into the cause thereof. They shall have full power to examine all surface pipes, stop-cocks and other apparatus connected with said waterworks, electric light and gas works, and for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the same manner directed in the permits issued therefor; and if any person refuses to permit such examination or opposes or obstructs such officers in the performance of such duties such persons so offending shall, upon conviction in the police court, be fined not exceeding fifty dollars ($50.00), or imprisoned in the guard house not exceeding fifty (50) days, either or both, or by fine with an alternative of such imprisonment. In addition the board of water, gas and light commissioners may shut off the supply of water, current or gas until the required examination is made, and such alterations and repairs are completed as necessary. And said board of water, gas and light commissioners shall have the right and power to adopt rules providing that, when water, gas or electric light meters show signs of having been tampered with for the purpose of avoiding or reducing the payment of rates, the consumer or the property owner shall be held responsible on account thereof, and that until the payment on a basis of a fair estimate of the length of time that said meter or meters have been tampered with and the amount of gas, current or water used during such period the supply of gas, water or electricity shall be cut off from the premises until such demand is paid, provided due notice and opportunity to be heard is given the property Page 403 owner of the intention of the board of water, gas and light commissioners to so cut off said water, gas and electricity. Scale of rates; collection of same. Regulations. Meters to be used. Power to examine pipes, etc. Punishment for refusal to allow examination of meter. (5) That said board of water, gas and light commissioners shall regulate the distribution of said water, gas and electricity in all places and for all purposes where the same may be required, and from time to time shall fix the price for the use thereof, and the time of payment, and they shall erect such number of public hydrants and stock founts and in such places as they shall see fit, and elect in what manner and for what purpose the same shall be used, for all of which they may charge at their discretion; Provided, that all hydrants, conduits and appliances required and furnished for the extinguishment of fires shall be erected and placed as the board of city commissioners may direct and be under their exclusive control and direction. Regulate distribution; fix price; time of payment, etc. Proviso. (6) That said board of water, gas and light commissioners shall have full power and authority to require the payment in advance for the use or rent of water, gas or electricity furnished by them in or upon any building, place or premises, where the payment in advance is not required, for non-payment they may shut off the water, gas or electricity from such building, place or premises; and shall not be compelled to again supply said premises or places with gas or electricity or water until the arrears with interest thereon, shall be fully paid. In addition to all other methods authorized for the enforcement of the payment of water, gas or electric light or power rents or charges, execution therefor may be issued against the person, firm or corporation actually using or consuming the same, which execution shall be signed by the superintendent of water, gas and electric lights and bear test in the name of the chairman, shall be directed to the marshal or chief of police and be in the form of and enforced as executions for city taxes, with the right in the defendant to contest by illegality, and such charges or rents shall constitute and be a lien upon all of the property of the defendant from Page 404 the time they become due and such liens shall rank with respect to all other liens next to the city's liens for taxes, and notice of such lien is charged to all persons dealing with said defendant, and said lien shall not be divested by any sale of the defendant's property. And said board of water, gas and light commissioners shall have the power at their option to keep on hand and furnish to consumers at not exceeding cost, gas stoves, gas heaters or other devices of like kind or not, used in connection with gas, as said board of water, gas and light commissioners may deem proper. Payment in advance. Execution may be issued. Gas stoves, heaters, etc. (7) That said board of water, gas and light commissioners shall make no contract for the price of using water, gas or electricity for a longer time than one (1) year. All complaints regarding inequalities in the rates shall be heard by said board of water, gas and light commissioners and their decision shall be final and conclusive. Contracts for one year. (8) That the board of water, gas and light commissioners may require bond, with good and sufficient security, in a sum to be fixed by them, of the superintendent, and any or all of the employees appointed by said board of water, gas and light commissioners, said bond or bonds conditioned for the faithful performance of their duties and the prompt delivery of all money belonging to said city, coming into their hands, during their continuance in office, and said bond, or bonds, to be made payable to the City of Albany. Bond by superintendent and others. (9) The members of said board of water, gas and light commission shall receive such compensation for their services as the board of city commissioners may by ordinance prescribe. Compensation. (10) That the Board of City Commissioners of the City of Albany may at any time remove any citizen member of said board of water, gas and light commission; Provided, it shall satisfactorily appear, after reasonable notice to the parties, and hearing the cause of complaint and answer thereto, if any should be offered, that the member whose Page 405 removal is sought has been guilty of mal-administration or neglect of the duties of his office, that his removal will be right and proper, and three-fifths of the members of said board of city commissioners shall concur in said removal. Removal of members. Proviso. Sec. 27. Be it further enacted by the authority aforesaid, That in addition to the special school tax authorized by the Act of the General Assembly, approved August 21, 1906, as amended and in addition to that necessary to pay the principal and interest on its bonded indebtedness, said City of Albany shall have the right and power to assess, levy and collect a tax upon all property, both real and personal and choses in action, within the limits of the city not to exceed one per cent. ad valorem and collect a specific or occupation tax on all businesses, occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper and upon franchises and incomes; to fix a license on theatrical exhibitions, circuses and shows of all kinds, and on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiards, pool and other kind of tables, ten-pin alleys, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business, whether of like kind or not, legitimately coming within the police power of the city, as may be just and reasonable. The taxing power of said city, except as herein limited, shall be as general, complete and full as that of the State itself; and said taxes, ad valorem, license or occupation, shall constitute a lien upon all the property of the taxpayer or person liable and take rank as provided by law for city taxes. Taxes and licenses. (1) Said city shall have the power to provide by ordinance for the return of all real and personal property for taxation; to provide for compelling such return, and to provide penalties for failure to do so; to double tax defaulters, after due notice and hearing to be prescribed by the board of city commissioners for the current or any previous years, not in conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times at Page 406 which said returns are due, and shall have the power to enforce the collection of taxes by execution issued by the city clerk, directed to the marshal or chief of police, and bearing test in the name of the mayor, which execution shall be issued in the time, and in the manner prescribed by the city ordinance not in conflict with the State law, and such execution shall be enforced by the marshal or chief of police by levy on and sale of the property of the defendant, and the sales under same shall be conducted as is now or may hereafter be provided by State law and city ordinances not in conflict with said State law; and where the owner of property in said city is unknown, such execution may be issued against said property and the levy and sale thereof shall be had as herein provided. And said city's power to provide machinery or methods for the return, assessment and taxation of property within the city shall be as full and complete as that of the State. Tax returns; penalties, etc. Collection of taxes. (2) Said city shall have the power to provide by ordinance for the registration of all business occupations that are subject to a specific occupation or license tax, the time or times at which same shall be due, and shall provide penalties, within the limits of this charter prescribed for engaging in same without first registering and paying the tax and shall have the power, in addition thereto, to enforce the collection of same by execution, as in the previous paragraph provided. Specific occupation taxes. (3) Said city shall have the power to require each resident living within the present or future corporate limits of the city, between the ages of sixteen (16) and fifty (50) years, inclusive, to work upon the streets in said city, as the board of city commissioners may direct, for as many as six (6) days in each year, or in lieu of said work to pay a street or commutation tax not to exceed three dollars ($3.00) annually, and, further, to provide for the collection of said tax by execution which may be issued and enforced as other executions for city taxes, and to provide for the punishment in the city police court of such residents Page 407 who have failed or refused to pay the commutation tax when demanded by the person or officer appointed by the board of city commissioners to make such demand, and who shall, without a good excuse, fail or refuse to appear at the time and place appointed, to work when summoned or notified by the person or officer whose duty it is to give said summons or notice by the regulations of the board of city commissioners, or who shall fail or refuse to do faithful work, as ordered by the person or officer in charge of the work, when such residents have appeared. May pay street tax in lieu of work. (4) Said city shall have the power to appoint a board of tax assessors of real and personal property, consisting of three (3) citizens of said city, which board shall assess for taxation, respectively, the value of all personal and real property, including choses in action, in the city, and perform such other duties in connection therewith as the board of city commissioners may prescribe, and said board when sitting, shall have the powers of a court to compel the attendance of parties and witnesses, to require the production of books and papers, and to enforce such attendance and production by attachment for contempt which may be punished by said board, respectively, as in this charter prescribed for contempt, committed before the police courts, and the board of city commissioners shall provide by ordinance, not in conflict with State law, for the ascertainment of the value of taxable property by said board in contested cases, and shall provide by ordinance, not in conflict with State law, for notice and hearing to taxpayers, the value of whose returned property has been increased or whose unreturned property has been assessed with the right in the taxpayers to contest the taxability of the property by petition in equity in the superior court of Dougherty County. Tax assessors; duties; powers. Sec. 28. Be it further enacted by the authority aforesaid, That the City of Albany shall have the power to regulate the width, location and grade of all streets, alleys, Page 408 sidewalks and ways within the city, due regard being had for the original plan of said city, and shall have the further power to locate and lay off new streets, alleys or ways within the city, to alter in any manner or close and vacate any of same, and to prohibit any one from opening and laying off new streets or ways without the consent of the board of city commissioners. Regulation as to streets, alleys, etc. Sec. 29. Be it further enacted by the authority aforesaid, That the City of Albany shall have the power to grant encroachments upon the streets, sidewalks, alleys or ways of the city, on such terms and in such manner as may be by ordinance prescribed, and shall have the further power to grant privileges and franchises to any person, railroad, street railroad or other corporation to use any part or parts of the streets, alleys or ways in the city, upon adequate compensation, to be determined by the board of city commissioners, being paid into the city treasury, upon such terms and conditions as the board of city commissioners may prescribe; Provided, that notice of the application for such privileges or franchises shall be published at least twice in the newspaper in which the sheriff's notices in Dougherty County are published ten (10) days before the final action on such application. Encroachments on streets, sidewalks, etc. Proviso. Sec. 30. Be it further enacted by the authority aforesaid, That the board of city commissioners shall not grant any public franchise to any person or incorporated companies without reserving in said grant the right to tax said franchise, and reserve in said grant the right by ordinance from time to time to pass and adopt such reasonable ordinances or resolutions regulating and governing the exercise of such franchise as may be deemed expedient or necessary. Public franchises, when and how. Sec. 31. Be it further enacted by the authority aforesaid, That said City of Albany shall have power to establish a complete system of drainage for the health and comfort of its inhabitants, and shall have entire and absolute control and jurisdiction of all soil-pipes, private drains, Page 409 and sewers, water closets, privies, privy vaults and dry wells in said city, with full power to prescribe their location, structure, uses and preservation, and to make such regulation concerning them, in all particulars, as may seem best for the preservation of the health of the inhabitants of the city, and with power also to require changes in or the total discontinuance of any such contrivances or structures already in existence, or which may hereafter be allowed. Drainage system. Sec. 32. Be it further enacted by the authority aforesaid, That the City of Albany is hereby authorized and empowered to condemn lands within or without the corporate or jurisdictional limits of said city, for sites for the erection of public buildings for said city, for parks, water supplies, sewers, cemeteries, plants for handling and disposing of sewerage, for drainage or sewerage purposes, for the purpose of opening and laying off any new streets, alleys or ways extending, widening or altering in any manner any of the streets, alleys or ways of said city, and for other public purposes, and to pay the owners of said property the damages incident to said condemnation. Said city shall proceed in condemning said property for the purpose mentioned, under the terms and provisions as are now, or may hereafter be, provided by the law of the State in such cases. The fact that the property needed by said city for said purposes may be owned by a railroad or other quasi-public corporation shall be no bar to the exercise of the right of condemnation hereby conferred. May condemn lands for buildings, parks, etc. Pay owners damages. Sec. 33. Be it further enacted by the authority aforesaid, That said city shall have the power and authority by ordinance to pave, repave or repair the pavements of the sidewalks of the city, and to assess the cost of same against the owners of the property abutting on said sidewalks, according to frontage owned by them thereon; and said city shall have the power and authority by ordinance to grade, pave, macadamize, curb or otherwise improve for travel or drainage, any of the streets, alleys or ways of the city or Page 410 to regrade, repave, recurb, re-macadamize or repair the pavement, curbing, grade or drainage of the same and to assess two-thirds of the total cost of same against the owners of the property abutting on each side of the streets, alleys or ways so improved, according to the frontage owned by each thereon; and to require any railroad or street railroad company having, or which may hereafter have, tracks running through the streets, alleys or ways of said city so improved, to grade, pave, macadamize, regrade, repave or re-macadamize or otherwise improve, as the board of city commissioners may by ordinance direct, the width of their tracks and two (2) feet on each side thereof, and to require said companies to repair or repave their aforesaid portions as the board of city commissioners may direct. In the event any such company or companies fail or refuse to comply with said requirements the city may have the same done and the expense thereof shall be assessed against said company or companies, and enforced by execution, issued against said company or companies, as hereinafter provided in this section; and said city shall be and is hereby empowered to enforce the payment of the assessments provided for in this section by execution against the abutting property and against the owners of the same, which execution shall be issued and enforced by levy and sale of said property like executions for taxes under existing ordinances, or such as may hereafter be made applicable to the subject, and said property shall be sold in the same manner and shall be subject to all the incidents of purchase by the city, and redemption by the owner as provided for by the Code of Georgia, and amendments thereto; and all assessments heretofore made by said city for the purpose herein specified, but remaining unpaid, may be enforced as herein set out; Provided, however, that to an execution issued under the provisions of this section, the defendant shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and from defendant, and stating what amount Page 411 is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the superior court of Dougherty County and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. The assessments provided for in this section shall constitute and be a lien, from the date of the ordinance making the assessment, upon the property against which they are assessed as well as upon all the property generally of the person owning the property at the date of the assessment, and such lien between other liens shall take rank as city taxes. One publication of the ordinance or ordinances providing for the improvements mentioned in this section in the newspaper of Dougherty County in which the sheriff's advertisements are published, shall be sufficient notice to abutting property owners, or railroad or street railroad companies having tracks on the streets to be improved, of the contents and provisions of such ordinance, and of the fact that such improvements are to be made; Provided, that in case of non-residents, a copy of said ordinance shall be mailed to the address of all non-residents owning land abutting to that where the improvements are to be made, if the address of such non-residents be known, but failure to send or receive such copy shall not invalidate the ordinance, the assessment or levy, nor any other proceedings thereunder. Paving or repairing streets; costs. Specifications. City may enforce by execution. Proviso. Assessments constitute lien. Published notice of ordinance. Proviso. Sec. 34. Be it further enacted by the authority aforesaid, That the City of Albany shall in addition to the powers hereinbefore granted, have the following powers: Additional powers. (1) To try all nuisances within the city and abate the same; to define what shall constitute a nuisance; to cause any nuisance likely to endanger the health of the city or any neighborhood to be abated in a summary manner; to charge the expense for abating such nuisance against the person causing the same, or the owner of the premises, according Page 412 as the one or the other is liable, and to enforce the collection of said expenses by execution issued as executions for city taxes. Nuisances. (2) To regulate garages and filling stations, butcher pens, butcher shops, tanyards, livery stables, fish stands, restaurants, or any other business in which decaying animal or vegetable matter is kept, or in which noxious odors may become dangerous and injurious to the health of the public or any part thereof; to license same only in such localities as may be least offensive to the public, and to revoke the license for same when they prove dangerous and injurious to health aforesaid. Garages; filling stations, etc.; licensing same. (3) In order to guard against danger or damage by fire, said city shall have the power to regulate and control blacksmith shops, forges, stoves and chimneys, and to cause same to be moved or remedied as safety may dictate; to create fire limits and prescribe the material out of which buildings shall be constructed; to regulate the construction of doors, exits and steps in places of public gatherings and may require the erection of fire escapes in all buildings three or more stories in height. To regulate fire hazards. (4) To regulate and control all hotels and public houses within the city, and to revoke the license of same in case they should become disorderly. To regulate hotels, etc. (5) To take up and impound dogs, horses, mules, cattle, hogs and fowls running at large, and to pass such ordinances as may be found necessary for the regulation of same within the city. Impounding dogs, etc. (6) To require owner of lots to drain same, fill up excavations or depressions, and upon failure to do so after reasonable notice, to have same done at owner's expenses and enforce collections of same by executing against the property, which execution shall be issued and enforced in the same manner, and with the same privileges as to contest to the defendant as provided in case sidewalk and street paving executions. Proper drainage of lots. Page 413 (7) To regulate all vehicles of every kind and character used in the city for profit in the transportation of passengers, freights, or both; to provide for the regular inspection of same, and to fix the rates of fares and carriage thereon. To regulate vehicles for transportation. (8) To divide the city into zones, and to prescribe what class and kind of buildings, businesses, callings, trades or professions shall be permitted or prohibited within the zones so prescribed. City zones. (9) To construct or extend sewers in any of the streets, alley or ways of said city or contiguous territory that may hereafter be incorporated, to assess such part of the cost of the same on the real estate abutting in the street, way or alley in which the same may be extended, according to frontage as may seem just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof; Provided, that to an execution issued under this paragraph the defendant shall have the right to file an affidavit, denying that the whole or any part of the amount for which execution issued is due and stating what amount he admits to be due; which shall be paid or collected before the affidavit is received, and the affidavit shall be received for the balance, and all such affidavits so received shall be returned to the superior court of Dougherty County and there tried and determined as in case of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. The executions herein provided shall be enforced as in case of executions for paving and the assessment shall have the same lien. Sewers. Proviso. Executions to be enforced. (10) To regulate all machinery, including stationary and locomotive engines, within the city, and to make all such needful rules and regulations for the same as will guard the citizens or any portion thereof against annoyance by unnecessary volumes of smoke and disagreeable and unnecessary noise. To regulate machinery. Page 414 (11) To establish one or more markets and regulate the same, fix hours of sale therein, prohibit the sale of marketable commodities elsewhere within the city, and pass all ordinances, rules and regulations necessary and proper to control marketing within the city. Marketing in city. (12) To organize a chain gang and to put at compulsory labor thereon all those convicted of violating any of the ordinances of the city. Chain gang. (13) To own, use and operate for municipal purposes and for profit a system of waterworks and electric lights and gas works; to make rules and regulations regarding the use of the same by the public, and provided by ordinance for the punishment of those who illegally use said water, electricity or gas, and who illegally divert same from their proper channels of transmission, or who injure or destroy or permit to be injured or destroyed, any meter, pipe, conduit, wire, line, posts, lamp or other apparatus belonging to the city and its water, gas and electric light utilities, or who prevent an electric or gas or water meter from duly registering the quantity of electricity, gas or water supplied, or in any way interfere with the proper action or just registration, or, without the consent of the city, diverts any electric current, gas or water from its proper channel, or who uses or causes to be used without the consent of the city, any electricity, gas or water distributed by the city. Waterworks; electric lights; gas works; regulations. (14) To provide for the inspection of all buildings for the purpose of having the same meet with all requirements relative to the material used and the safety and strength of the same as the board of city commissioners may from time to time prescribe by ordinance to guard against loss by fire, injuries to the person or damage to property. Inspection of buildings. Sec. 35. Be it further enacted by the authority aforesaid, That in any case where the defendant in execution has no property within the City of Albany, then and in that event any execution issued by authority of the city for the Page 415 enforcement of the payment of any sum for taxes, special assessments, fines or otherwise, may be levied and enforced in any county in the State in which property of the defendant may be found and for such purpose the mayor or treasurer shall cause such execution to be directed to any sheriff or constable of the State, and it shall be the duty of any levying officer into whose hands said execution may be placed to promptly enforce the same in the same manner as other executions are enforced with reference to levy, advertisement and sale. Defendant in execution. Levy, execution and sale. Sec. 36. Be it further enacted by the authority aforesaid, That the City of Albany shall have power and authority to own and operate for reasonable profit a municipal abattoir at any place within its corporate limits proper, or its police jurisdiction, to fix and collect regular fees for the slaughter of cattle, hogs, sheep or other meat intended for human consumption therein; to prescribe any and all regulations and rules governing the operation of said abattoir and the reception of stock therein, and in connection with the operation of same shall have the power to fully regulate or prohibit any other abattoir or slaughter house or similar place where cattle or other meat is slaughtered for market within its corporate and police limits, and to prescribe the location and the manner and kind of construction of the same; or said city shall have the power to prohibit the operation of any abattoir, slaughter house or other place where stock is slaughtered within the corporate and police limits; and in connection with the said municipal abattoir, said city shall have the power to prohibit by penal ordinance the sale or having on hand for sale, within its corporate or police limits, any fresh or green meats, not slaughtered in its abattoir, unless it has been slaughtered in an abattoir or similar place of equal facilities and methods as that of the city's or of such standard as the city may by ordinance prescribe, or unless it bears valid and satisfactory evidence of a State or Federal favorable inspection; and said city shall have the power to provide for rigid inspection of all green or fresh meats sold or Page 416 offered for sale or on hand for sale, within the city's corporate or police limits, so as to insure a strict conformity to its laws and ordinances governing the introduction thereof into the city; and shall have the power to confiscate and destroy all tainted meats found on the market of the city, and to confiscate all meats found within said limits brought in contrary to the laws and ordinances of the city. Municipal abattoir; regulations. Inspection of meats. Sec. 37. Be it further enacted by the authority aforesaid, That the enumeration of power contained in this Act shall not be construed as restrictive, but the City of Albany and its municipal authorities may exercise all powers, rights and jurisdictions as they might if such enumerations were not made, and the board of city commissioners may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said city, and where, under this charter, rights are conferred or powers granted, but the manner of exercising them is not fully prescribed the board of city commissioners may prescribe the method of exercising them, or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act, nor the laws of the State. Not limited to powers enumerated. Additional regulations. Sec. 38. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed; Provided, that nothing in this Act contained shall operate to effect or repeal the Act of the General Assembly of Georgia, approved August 21, 1906, entitled An Act to provide for a system of public schools in and for the City of Albany, Dougherty County, Georgia; to empower and require the mayor and council of said city to levy and collect a special tax for the maintenance and support of same; to establish a board of education to conduct the same; to define the powers of said board; to provide for ratification of the Act by election, and for other purposes, which said Act is hereby declared to be and remain of full force and effect. Act of 1906 not repealed. Page 417 Sec. 39. Be it further enacted by the authority aforesaid, That before this Act shall become effective the same shall be submitted to the qualified voters of the City of Albany at an election to be held for that purpose on October 8, 1923. Said election shall in all respects be held and the results declared by the mayor and council or by those discharging the duties of such, under the present rules and regulations governing ordinary city elections, provided that instead of opening the registration books forty-five (45) days prior to said election said registration books need not be opened more than thirty-five (35) days prior to said election and continue open for thirty (30) days. Those so registering and qualified to vote in said election need not register again in order to vote in the general election to be held in said city on the first Monday in December, 1923 (or any primary election therefor), but if otherwise qualified shall be deemed qualified voters in said general election. Those voters desiring to vote in favor of this Act shall have written or printed upon their ballots the words For Commission Manager Bill, and those voters desiring to vote against this bill shall have written or printed on their ballots Against Commission Manager Bill. If a majority of those voting in said election shall vote in favor of this bill, this bill shall, as to those Acts and things, the performance or happening of which is postponed until that date, become of force and effect on the second Monday in January, 1924, and, as to those Acts and things the performance or happening of which is required prior to said second Monday in January, 1924, shall become of force and effect at such time or times as will insure the prompt performance or happening of said Acts and things. Election for ratification; rules and regulations. Ballots. (a) The managers and clerks of said special election (and one alternate for each to serve in case the person designated does not act) shall be chosen by the mayor and council of the city, or those discharging the duties of such, at least three days before the election, and those favoring the adoption of the Act and those opposed thereto shall have as nearly equal representation among said managers Page 418 and clerks as is possible; that is to say, if two managers are chosen from among those who favor the adoption of said Act, then two of the clerks shall be chosen from among those opposed thereto, and vice versa. And in choosing said clerks and managers, and alternates for each, said authorities shall as far as possible act upon responsible recommendations made by the chairman or committee of those citizens favoring the adoption of said Act and the chairman or committee of those citizens opposing the adoption of said Act. Managers and clerks of election. Election officers from opposing factions. Sec. 40. 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 18, 1923. ALAMO PUBLIC SCHOOL ABOLISHED. No. 441. An Act to repeal an Act entitled An Act to establish a system of public schools in the Town of Alamo, Georgia, to provide for the carrying on, management, control and support of the same; to provide for a board of education and other officers of said school system and prescribe their powers and duties, and for other purposes; to provide for bonds and voting in thereof for the purchase or lease of property in which to carry on said school system, after submitting the same to the qualified voters of the Town of Alamo and the same is ratified by a two-thirds vote thereof, and for other purposes, and also to repeal all Acts amendatory thereto. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act of the General Assembly of Georgia of 1913, approved Page 419 August 16th, 1913, (Georgia Laws 1913, pages 474-481) and entitled, An Act to establish a system of public schools in the Town of Alamo, Georgia, to provide for the carrying on, management, control, and support of the same; to provide for a board of education and other officers of said school system and prescribe their powers and duties, and for other purposes; to provide for bonds and voting in thereof for the purchase or lease of property in which to carry on said school system, after submitting the same to the qualified voters of the Town of Alamo and the same is ratified by a two-thirds vote thereof, and for other purposes; also an amendment to said Act approved August 16th, 1920 (Acts 1920, pages 683-685), providing that the Mayor and Council of the Town of Alamo shall have authority to issue bonds not to exceed thirty thousand dollars for school purposes, and also an Act entitled 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 circumstance the repealing Act shall become effective, and for other purposes, and all Acts amendatory thereof be, and the same are hereby repealed. Act of 1913 repealed. Approved August 15, 1923. AMERICUS CHARTER AMENDED. No. 362. An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority of the City of Americus, to confer additional power upon the Mayor and City Council of Americus, to extend the corporate limits of said city, and for other purposes, so as to authorize the Mayor and City Council of Americus to assess, levy and collect an ad valorem tax for specified purposes and fix the amount of same for each purpose, to require the Board of Public Education Page 420 for the City of Americus to furnish the mayor and city council a statement of anticipated expenses for the ensuing year and an itemized statement of expenses in preceding year; to fix the amount and condition of bond to be given by the clerk and treasurer; to create a bond commission and a debt commission and define the rights, powers, duties, term of service and qualification of each, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act approved November 11th, 1889, entitled An Act to amend, revise, consolidate the several Acts granting corporate authority to the City of Americus; to confer additional power upon the Mayor and City Council of Americus; to extend the corporate limits of said city, and for other purposes, be and the same is hereby amended as follows: Act of 1889 amended. Paragraph 1. By striking the whole of Section 23 of said Act and inserting in lieu thereof the following: New Section 23. Sec. 23. Be it further enacted, That for the purpose of raising revenue for the support and maintaining of the city government, the Mayor and City Council of Americus shall have full power and authority, and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said city, as may in the discretion of the Mayor and City Council of Americus be necessary, as follows: Power to tax property for necessary purposes. Ad valorem tax. (a) To defray the ordinary annual expense of the city government, a tax not to exceed five mills on each dollar of the property taxable in said city; (b) To maintain a system of public schools, as now established by law, a tax not to exceed eight mills on each dollar of the value of the property taxable in said city; Page 421 (c) To pay all other expenses and to pay all indebtedness of said City of Americus and of the Mayor and City Council of Americus, including principal and interest of all bonds now issued and outstanding or hereafter issued, and including the indebtedness (commonly called floating indebtedness) which was outstanding, existing and owing by the Mayor and City Council of Americus on January 1st, 1923, a tax not to exceed seven mills on each dollar of the value of the property taxable in said city; Provide, that in the annual ordinance prescribing the amount of tax to be so assessed, levied and collected for each year the Mayor and City Council of Americus shall fix and declare the specific purposes for which the same are made and the amount for each purpose; Proviso. And provide, further, that when the Mayor and City Council of Americus prescribes the amount of tax to be assessed, levied and collected to maintain a system of public schools, as herein authorized, the mayor and city council may require the Board of Public Education for the City of Americus to furnish it the salary list of teachers for the ensuing fiscal or scholastic year and a statement of all other expenses then anticipated by said board for the ensuing fiscal or scholastic year, together with an itemized statement of the expenditures for the preceding fiscal or scholastic year; and the books, records and accounts of said board may be examined and audited whenever and the same time that an audit is made of the books, records and accounts of the clerk and treasurer. Tax to maintain public schools. Salary list; expenses; statements; examination of books, etc. Paragraph 2. By striking all of Section 21 of said Act and inserting and substituting the following in lieu thereof: New Section 21. Sec. 21. Be it further enacted, That the clerk and treasurer of said city shall discharge all the duties imposed by this charter and the laws and ordinances of the city, and as may be required of him by the Mayor and City Council of Americus; and shall give bond with good Page 422 security in some approved surety company, in the sum of ten thousand ($10,000.00) dollars, which bond shall be payable to, jointly and severally, the Mayor and City Council of Americus, the Bond Commission of Americus, the Debt Commission of Americus, and the Board of Public Education for the City of Americus, and shall be conditioned as follows: Clerk and treasurer; duties. Bond. (a) That said clerk and treasurer shall truly and faithfully perform his duties, as provided by law and as required by the Mayor and City Council of Americus; Condition of bond. (b) That said clerk and treasurer shall truly and faithfully keep, protect and account for all public funds, sums and amounts, coming into his hands as such clerk and treasurer and as provided by law; Duties of clerk and treasurer enumerated. (c) That said clerk and treasurer shall truly and faithfully account for and turn over to the Bond Commission of Americus (created by this Act), as and when the same are collected, all funds collected from the assessment and levy by the Mayor and City Council of Americus of a tax for the payment of the principal and interest due or to become due on the bonded indebtedness of the Mayor and City Council of Americus; (d) That said clerk and treasurer shall truly and faithfully account for and turn over to the Debt Commission of Americus (created by this Act), as and when the same are collected, all funds collected from the assessment and levy by the Mayor and City Council of Americus of a tax for the payment of the indebtedness (commonly called floating indebtedness) of the Mayor and City Council of Americus (not including bonded indebtedness) which was outstanding, existing and owing on January 1st, 1923; (e) That said clerk and treasurer shall truly and faithfully account for and turn over to the Board of Public Education for the City of Americus all funds collected from Page 423 the assessment and levy by the Mayor and City Council of Americus of a tax to maintain a system of public schools, as now established by law; (f) That said clerk and treasurer shall pay out the funds of the Mayor and City Council of Americus only in accordance with and strictly as provided by the terms and conditions of the Act approved August 16th, 1920 (Acts 1920, pages 720 to 724), establishing an efficiency and economy commission and providing for an annual budget of expenditures. In case of the breach or violation by said clerk and treasurer of the terms and conditions of his said bond, as above provided, and in the event the obligees in said bond shall fail, neglect or refuse to promptly institute appropriate action to enforce the liability thereunder, then any tax payer of the City of Americus shall have the right to institute the necessary action, in the proper court, in his own name for the use of the proper obligee, for the enforcement of the liability of the clerk and treasurer under his said bond. Breach of conditions of bond. Tax payer may take action. The said bond of the clerk and treasurer shall be deposited with and retained by the mayor, and it shall be the duty of the mayor to require the execution and delivery of said bond and the prompt renewal thereof whenever the same might expire, and to see that the said is conditioned as herein provided, and the mayor shall deliver said bond to the proper obligee for the enforcement of liability thereunder in the event of a breach of the conditions thereof. Bond to be deposited with mayor. Paragraph 3. By adding at the end of Section 45-a, new section to be number Section 45-a, as follows: New Section 45-a. Sec. 45-a. Be it further enacted, That there is hereby created and established: 1. A bond commission, which shall consist of three persons, residents of the City of Americus, none of whom shall be an official or employee of the Mayor and City Council Page 424 of Americus, and each of whom shall be an experienced and trustworthy business man or woman, the powers and duties of said commission to be as follows: Bond commission; members. Powers and duties of bond commission. (a) To receive from the clerk and treasurer as and when the same are collected, all funds derived and collected from the assessment and levy by the Mayor and City Council of Americus of a tax for the payment of the principal and interest due or to become due on the bonded indebtedness of the Mayor and City Council of Americus; (b) To safely keep and protect all such funds so received by said commission and apply the same when due in payment of the principal and interest of the bonded indebtedness of the City of Americus, and to keep all cash on hand, until needed for the purpose stated, on deposit in some safe and secure bank or banks at the highest rate of interest obtainable and properly protected by bond, or else invest the same in bonds of the State of Georgia or unmatured bonds of the Mayor and City Council of Americus; (c) To make frequent, and at least quarterly examinations of the books, records and accounts of the clerk and treasurer and ascertain whether or not said commission is receiving, as and when the same are collected, all sums due said commission as herein provided for; and in the event said commission should at any time find that the clerk and treasurer has failed, neglected or refused to pay over to said commission all or any sum or sums collected by him from the assessment and levy of a tax for the payment of the principal and interest of said bonded indebtedness, said commission shall immediately institute action in the proper court against the clerk and treasurer and his bondsman for the recovery of the amount said clerk and treasurer has so failed, neglected or refused to pay over to said commission. The members of said bond commission shall be named and appointed by the Mayor and City Council of Americus; in Page 425 appointing the first members of said commission the mayor and city council shall designate one member to serve for a term of one year, one member to serve for a term of two years, and the third member to serve for a term of three years, and all members of said commission thereafter appointed, except to fill vacancies, shall be for a term of three years; and in case of a vacancy of said commission, by reason of death, resignation or for other cause, appointed shall be made for the remainder of the unexpired term. Before entering upon the duties of his office each member of said commission shall make oath in writing to be filed with the clerk and treasurer, to truly and faithfully discharge his powers and duties as a member of said commission, and shall file with the clerk and treasurer a good and solvent bond in the sum of not less than five thousand dollars, payable to the Mayor and City Council of Americus and conditioned to truly and faithfully perform his powers and duties as a member of said commission and to account for all funds coming into his hands as a member of said commission; the premium, if any, on which bond shall be paid by the Mayor and City Council of Americus. The mayor and city council shall cause the books, records and accounts of said commission to be thoroughly examined and audited at least once each year. Members; how appointed. Terms. Vacancies, how filled. Oath. Bond. Books to be audited. 2. A debt commission, which shall consist of the three members of the finance committee of the Mayor and City Council of Americus, the powers and duties of said debt commission to be as follows: Debt commission; members. Powers and duties of debt commission. (a) To receive from the clerk and treasurer, as and when the same are collected, all funds derived and collected from the assessment and levy by the Mayor and City Council of Americus of a tax for the payment of the indebtedness (commonly called floating indebtedness) of the Mayor and City Council of Americus (not including bonded indebtedness) which was outstanding, existing and owing on January 1st, 1923. Page 426 (b) To safely keep and protect all such funds so received by said commission and apply the same in payment of the principal and interest of said indebtedness or in payment of such obligations as said commission might issue and negotiate for the raising of funds with which to pay said indebtedness, as hereinafter authorized; and to keep all cash on hand, until needed for the purpose stated, on deposit in some safe and secure bank or banks at the highest rate of interest obtainable and properly protected by bond; (c) To make frequent, and at least quarterly, examinations of the books, records and accounts of the clerk and treasurer and ascertain whether or not said commission is receiving, as and when the same are collected, all sums due said commission as herein provided for; and in the event said commission should at any time find that the clerk and treasurer has failed, neglected or refused to pay over to said commission all or any sum or sums collected by him from the assessment and levy of a tax for the payment of said indebtedness (commonly called floating indebtedness) of the Mayor and City Council of Americus, said commission shall immediately institute action in the proper court against the clerk and treasurer and his bondsman for the recovery of the amount said clerk and treasurer has so failed, neglected or refused to pay over to said commission; (d) To issue, execute and negotiate notes, or other evidences of indebtedness, if deemed advisable, in anticipation of the assessment. levy and collection of the tax herein provided for, and apply the proceeds derived therefrom to the immediate payment of said indebtedness said notes to bear not greater than six per centum interest per annum and mature not later than ten years from date; which notes or other evidences of indebtedness, however, shall not be executed nor negotiated without the consent and approval Page 427 of the Mayor and City Council of Americus nor until said mayor and city council has provided by ordinance for the levy, annually, of a specific tax for the payment of the principal and interest of said notes. Before entering upon the duties of his office each member of said commission shall make oath in writing, to be filed with the clerk and treasurer, to truly and faithfully discharge his powers and duties as a member of said commission, and shall file with the clerk and treasurer a good and solvent bond in the sum of not less than five thousand dollars, payable to the Mayor and City Council of Americus, and conditioned to truly and faithfully perform his powers and duties as a member of said commission and to account for all funds coming into his hands as a member of said commission; the premium, if any, on which bond shall be paid by the Mayor and City Council of Americus. And the mayor and city council shall cause the books, records and accounts of said commission to be thoroughly examined and audited at least once each year. Oath. Bond. Books to be audited. In the event any member or members of the finance committee of the Mayor and City Council of Americus shall fail, neglect or refuse to quality and act under the terms of this Act as a member of said debt commission, such member or members shall be disqualified and shall be forthwith removed from membership on said finance committee and another member or other members of the city council shall be, by the mayor, appointed to fill such vacancy on said finance committee. Failure to qualify; removal. Sec. 2. Be it further enacted, by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. Page 428 ARLINGTON, TOWN OF CHANGED TO CITY OF. No. 6. An Act to amend an Act providing a new charter for the Town of Arlington, approved October 9, 1891, and the several Acts amendatory thereof, so as to change the corporate name and style of said municipality from The Mayor and Council of the Town of Arlington to that of City of Arlington to provide that wherever in said Act, or in the Acts amendatory thereof the words The Mayor and Council of the Town of Arlington, or Town of Arlington, as indicative or descriptive of the corporate name and style of said municipality occur, the same shall be stricken therefrom and the words City of Arlington substituted therefor, so that thenceforth the corporate name and style of said municipality shall be City of Arlington; to provide that wherever in said Act or in the Acts amendatory thereof, the word town when referring to said municipality occurs, the same shall be stricken and the word city substituted therefor, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, the Act providing a new charter for the Town of Arlington, approved October 9, 1891, and the several Acts amendatory thereof, be and the same are hereby amended so as to change the corporate name and style of said municipality from the Mayor and Council of the Town of Arlington to City of Arlington. Act of 1891 amended. Sec. 2. That wherever in said Act and in the Acts amendatory thereof, the words, the Mayor and Council of the Town of Arlington or the words Town of Arlington as indicative or descriptive of the corporate name and style of said municipality occur, said words shall be and the Page 429 same are hereby stricken and the words, City of Arlington shall be and the same are hereby substituted therefor, so that henceforth the corporate name and style of said municipality shall be and the same is hereby declared to be City of Arlington. Corporate name. Sec. 3. That wherever in said Act and in the Acts amendatory thereof, the word town when referring to said municipality occurs, said word shall be and the same is hereby stricken, and the word city shall be and the same is hereby substituted therefor. Sec. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1923. ATLANTA CHARTER AMENDED. No. 326. 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: Act of 1874 amended. Section 1. Whenever a sewer is laid in any street or public place, the City of Atlanta is authorized to make extensions from same to the property line, that is, the line of the property abutting on said street or public place where such extensions are made, said extensions to be installed at established intervals and the mayor and general Page 430 council are hereby authorized to assess the property abutting on said street or public place for the cost of constructing said extension; where same are made in front of said abutting property said assessment for making extensions shall be made in connection and at the same time with the cost of constructing the sewer. All provisions of the present charter giving the abutting property owners the option for having extensions made are hereby repealed. Full power and authority is given the mayor and general council to enforce the authority herein given. Sewer extensions. Provisions repealed. Sec. 2. That the provisions of the present charter of the city found in Section 180 of the City Code of 1910 be amended by providing that money in the hands of the city treasurer shall be deposited in five (5) chartered banks of deposit instead of four (4) as now provided and striking the word and figure four in said section and inserting in lieu thereof the word and figure five. Section 180, City Code 1910, amended. Sec. 3. That the provisions of the present charter as set forth in Section 120 of the City Code of 1910, be amended by striking therefrom the following: to constitute and appoint the tax collector of Fulton County to the office of registrar of said city; to fix his compensation as such registrar, and, when so appointed, to require him to perform the duties of said office, and inserting in lieu thereof the following: to constitute and appoint one of the officials of the city or a person not an official to the office of registrar of the city; if an official is named to add such additional compensation for this additional service as they may deem appropriate; if some person other than an official be appointed to the office of registrar, to fix his compensation and provide for payment of same. Whomsoever may be so appointed to the office of registrar shall be required to perform the duties of said office and keep such hours and carry out and perform the duties of said office as may be particularly described by said ordinance. Changes. Page 431 So that said section when so amended shall read as follows: Sec. 120. The mayor and general council of said city shall have full power and authority to provide for the registration of voters prior to any municipal election in said city; to make all needful rules and regulations for the same, and require that no person be permitted to vote unless registered; to constitute and appoint one of the officials of the city or a person not an official to the office of registrar of the city; if an official is named to add such additional compensation for this additional service as they may deem appropriate; if some person other than an official be appointed to the office of registrar, to fix his compensation and provide for payment of same. Whomsoever may be so appointed to the office of registrar shall be required to perform the duties of said office and keep such hours and carry out and perform the duties of said office as may be particularly described by said ordinance. Section 120 to read. Sec. 4. The mayor and general council are hereby authorized and empowered to provide by ordinance for the collection of fees for the issuance of permits for buildings, plumbing work and electrical wiring. Said fee is hereby fixed at a minimum sum of $1.00 for each of said permits, but said sum shall be increased to an additional sum of $1.00 for each thousand of the estimated value up to and including the sum of $10,000.00, or each fractional part thereof, for buildings, plumbing work and electrical wiring. Where said estimate for said building, plumbing work and electrical wiring exceeds the sum of $10,000.00, an additional sum of (50c) cents shall be added to the price fixed for the permits for each thousand in excess of $10,000.00 and up to $25,000.00 or each fractional part thereof. Where said estimated sums exceed $25,000.00 and are less than $50,000.00, an additional sum of twenty-five (25c) cents per thousand shall be added to the prices above fixed; Provided, Page 432 however, no fee shall be charged for permits for buildings, plumbing work and electrical wiring exceeding twenty-five ($25.00) dollars for a single permit. Fees for permits for buildings, plumbing, electrical wiring. Proviso. Sec. 5. That the Act approved August 9th, 1919, amending the charter of the City of Atlanta be amended by striking therefrom Paragraph G of Section 1 of said Act which section provides that the city shall appropriate a sum equal to one-tenth of the total or estimated cost of the improvement on any street and set same aside as a Street Improvement Fund. The purpose of this amendment is to provide for the pavement or repavement of streets under the ten (10) year installment plan as is provided in said Act without requiring the Street Improvement Fund, consisting of an appropriation of the sum equal to one-tenth of the total cost of the pavement or repavement, to be provided by the city in connection with the improvements on the streets therein provided so that said pavement or repavement may be done, as therein provided, without the said fund being provided or maintained. Act of 1919 amended. Sec. 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1923. ATLANTA, CITY OF; TERRITORIAL LIMITS INCREASED BY ANNEXATION; ELECTION AS TO. No. 554. 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, beyong the limits as now defined, so as to take in the territory now included in what is known as the limits of the City of East Point, the City of Page 433 College Park and the City of Hapeville and such territory contiguous thereto as is included within the following description and all of which territory is more particularly described as follows: Beginning at a point on the west side of Lee Street, where the extreme southwestern limits of the City of Atlanta corners on same in land lot 135, running thence southerly along the west side of Lee Street to the south line of what is known as Camp Jesup, or the property line between the property of Morris Conley and the property formerly owned by J. J. Eagan, thence west to the land lot line between land lots 135 and 154, said land lots being in the 14th district of Fulton County; thence south on said land lot line and also on the land lot line between land lots 134 and 155 to the present limits of the City of East Point; thence westerly and southerly following the present limits of the City of East Point to the point where same joins the limits of the City of College Park at Vesta Street; thence westerly and southerly following the corporate boundary of the City of College Park to the county line on the south side of Fulton County; thence eastwardly, southerly, eastwardly, northerly northerly and eastwardly along the present corporate boundary of the City of College Park and along the county lines between Fulton and Campbell Counties and between Fulton and Clayton Counties to the southeastern corner of land lot 55; thence north along land lot line between land lots 65 and 64 to the northeast corner of land lot 65; thence northwest diagonally across land lot 66 to the northwest corner of said land lot; thence north along the land lot line between land lots 94 and 67 to the northeast corner of land lot 94; thence west along north lines of land lots 94, 99 and 126 to the northwest corner of land lot 126; thence north along east land lot line of land lots 132 and 133 to the northeast corner of land lot 133; thence east along the south land lot line of land lots 123 and 102 to a point two hundred (200) feet east of the southwest corner of land lot 102; thence north parallel to and Page 434 two hundred (200) feet east of the land lot lines between land lots 102 and 123, and 103 and 122 to a point in land lot 103 two hundred (200) feet east of the present southeastern corner of said city limits of the City of Atlanta; thence west to said corner of said city limits to the point of beginning; being all the limits now included within the corporate limits of the cities of East Point, College Park and Hapeville and the adjacent territory included within the boundary lines above described; to extend the jurisdiction of the City of Atlanta over all said territory and make the ordinances thereof binding upon persons and property in said territory; to make the territory now within each of said annexed cities separate wards of the City of Atlanta and adding thereto such adjacent territory included within the boundary above described, as the mayor and general council may fix by ordinance; to provide for a referendum vote of the qualified voters of the Cities of East Point, College Park and Hapeville, wherein such voters, by a majority of those voting, at an election called as herein prescribed, shall vote for or against the annexation of their respective cities to the City of Atlanta and further provided that if the majority of such qualified voters of the City of East Point, voting in said election, vote against such annexation this Act shall not go into effect, but if a majority of the qualified voters of the City of East Point, voting in said election, vote in favor of said annexation then this Act shall go into effect; provided, further, that the territory included within the limits of the City of College Park shall not be annexed unless a majority of the qualified voters, voting in said election shall vote in favor of said annexation, and provided, further, that the territory included within the City of Hapeville, shall not be annexed unless a majority of the qualified voters, voting in said election shall vote for said annexation and provided, further, that if the necessary majority is obtained in the election held in the City of College Park or Page 435 in the City of Hapeville in favor of annexation, but a majority of those voting in the City of East Point vote against said annexation there shall be no annexation of any of the territory above described, but if a majority of said voters in the City of East Point, voting in said election, shall vote in favor of annexation then the territory embraced within the limits of the Cities of College Park and Hapeville may be annexed in accordance with the majority vote of the qualified voters, voting in said election and provided, further, that if said voters of East Point, vote in favor of said annexation, then the territory lying north and northeast of the present limits of the City of East Point, between said limits and the corporate limits of the City of Atlanta, shall be annexed with the limits of the City of East Point to the limits of the City of Atlanta, and provided, further, that if the said majority of the qualified voters of the City of College Park, voting in said election, vote in favor of said annexation, then the territory above described lying between the present limits of the City of East Point and the City of College Park on the west and the City of Hapeville on the east, included in the above boundaries, shall be annexed to the City of Atlanta, and if the voters in the City of College Park, as provided, vote against said annexation but the voters of the City of Hapeville, vote in favor of annexation, then said territory lying between said limits, above described, shall likewise be annexed to the City of Atlanta together with the City of Hapeville and the territory lying west of the present limits of the City of Hapeville, included in the above boundary shall likewise be annexed, and for other purposes. Territorial description. Extend jurisdiction. Separate wards. Election to be held. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Page 436 Section 1. That the limits of the City of Atlanta, be extended beyond its present boundaries as now defined so as to take in the territory now included in what is known as the limits of the City of East Point, the City of College Park and the City of Hapeville and such territory contiguous thereto as is included within the following description and all of which territory is more particularly described as follows: Limits extended. Beginning at a point on the west side of Lee Street, where the extreme southwestern limits of the City of Atlanta corners on same in land lot 135, running thence southerly along the west side of Lee Street to the south line of what is knows as Camp Jesup, or the property line between the property of Morris Conley and the property formerly owned by J. J. Eagan; thence west to the land lot line between land lots 135 and 154, said land lots being in the 14th district of Fulton County; thence south on said land lot line and also on the land lot line between land lots 134 and 155 to the present limits of the City of East Point; thence westerly and southerly following the present limits of the City of East Point to the point where same joins the limits of the City of College Park at Vesta Street; thence westerly and southerly following the corporate boundary of the City of College Park and the county line on the south side of Fulton County; thence eastwardly, southerly, eastwardly, northerly and eastwardly along the present corporate boundary of the City of College Park and along the county lines between Fulton and Campbell Counties and between Fulton and Clayton Counties to the southeastern corner of land lot 55; thence north along land lot line between land lots 65 and 64 to the northeast corner of land lot 65; thence northwest diagonally across land lot 65 to the northwest corner of said land lot; thence north along the land lot line between land lots 94 and 67 to the northeast corner of land lot 94; thence west along the north lines of land lots 94, 99 and 126 to the northwest corner of land lot 126; thence north along east land lot line of land lots Page 437 132 and 133 to the northeast corner of land lot 133; thence east along the south land lot line of land lots 123 and 102 to a point two hundred (200) feet east of the southwest corner of land lot 102; thence north parallel to and two hundred (200) feet east of the land lot lines between land lots 102 and 123, and 103 and 122 to a point in land lot 103 two hundred (200) feet east of the present southeastern corner of said city limits of the City of Atlanta; thence west to said corner of said city limits to the point of beginning; being all the limits now included within the corporate limits of the Cities of East Point, College Park and Hapeville and the adjacent territory included within the boundary lines above described. Territorial description. Sec. 2. The jurisdiction of the City of Atlanta is hereby extended over all the territory included within the boundaries above described and the power and authority of the City of Atlanta 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 coextensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said 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 collection, 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 Page 438 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 former territory of the City of Atlanta. Jurisdiction extended. Sec. 3. The territory now within each of said annexed cities shall form and be separate wards of the City of Atlanta, adding thereto such adjacent territory included within the boundaries above described as the mayor and general council may fix by ordinance. Separate wards. Sec. 4. However, before the provisions of this amendment go into effect and before said territory is annexed to the limits of the City of Atlanta there shall be a referendum vote of the qualified voters of the Cities of East Point, College Park and Hapeville, wherein such voters, by a majority of those voting at said election called as herein prescribed, shall vote for or against the annexation of their respective cities to the City of Atlanta and, further, provided, that if the majority of such qualified voters of the City of East Point, voting in said election, vote against such annexation, this Act shall not go into effect, but if a majority of the qualified voters of the City of East Point, voting in said election, vote in favor of annexation, then this Act shall go into effect; provided, further, that the territory included within the limits of the City of College Park shall not be annexed unless a majority of the qualified voters, voting in said election, shall vote in favor of said annexation, and provided, further, that the territory included within the City of Hapeville shall not be annexed unless a majority of the qualified voters, voting in said election, shall vote for said annexation, and provided, further, that if the necessary majority is obtained in the election held in the City of College Park or in the City of Hapeville, vote in favor of annexation but a majority of those voting in the City of East Point vote against said annexation, there shall be no annexation of any of the territory above described, but, if a majority of said voters Page 439 in the City of East Point, voting in said election shall vote in favor of annexation then the territory embraced within the limits of the Cities of College Park and Hapeville may be annexed in accordance with the majority vote of the qualified voters, voting in said election and provided, further, that if said voters of East Point vote in favor of said annexation then the territory lying north and northeast of the present limits of the City of East Point between said limits and the corporate limits of the City of Atlanta, included within the boundaries above described, shall be annexed with the limits of the City of East Point to the limits of the City of Atlanta, and, provided, further, that if the said majority of the qualified voters of the City of College Park voting in said election, vote in favor of annexation then the territory above described lying between the present limits of the City of East Point and the City of College Park on the west and the City of Hapeville on the east included within the above boundaries, shall be annexed to the corporate limits of the City of Atlanta and if the voters, in the City of College Park, as provided, vote against annexation but the voters in the City of Hapeville vote in favor of said annexation, then the territory lving between and within said limits above described shall likewise be annexed to the City of Atlanta together with the limits of the City of Hapeville and the territory lying west of the present limits of the City of Hapeville, included in the above boundaries, shall likewise be annexed. Election to be held. Sec. 5. The referendum vote herein provided for shall be held on the same day, within each of said cities and said date is hereby fixed as Tuesday the second day of October, 1923. Said election shall be held in accordance with the rules governing the election of the mayor and council within each of said cities; Provided only that voters who are registered and qualified to vote under the laws of this State shall participate in said referendum election. The mayor and general council of each of said cities shall see that the terms of this amendment are carried out, by providing Page 440 for places, managers, ballots, etc., duly prepared, and shall see that the provisions of this Act are fairly submitted to the qualified voters within each of said cities on the day named. The managers shall certify same to their respective mayor and council who shall declare the result thereof by resolution and when this result is so declared it shall become final and conclusive. Election October 2, 1923. Sec. 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. ATLANTA, CITY OF; COMPENSATION OF CERTAIN COURT OFFICIALS. No. 21. 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, approved August 20, 1913, Georgia Laws, 1913, page 145, as amended, so as to fix the compensation of certain officers and employees of said court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act approved August 20, 1913, Georgia Laws, 1913, page 145, as amended, be and the same is hereby amended by striking Section 23 of said Act as amended and inserting in lieu thereof a new section to be known as Section 23, and to read as follows: Act of 1913 amended. New Section 23. Sec. 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 Page 441 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 this 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 deputy 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 not less than forty-two hundred dollars per annum, payable three hundred and fifty dollars monthly. Each deputy clerk, for his services, shall receive a salary of not less than fifteen hundred dollars per year, payable one hundred and twenty-five dollars per month. The salary of the chief clerk to the clerk shall be not less than twenty-one hundred dollars per year, payable one hundred and seventy-five dollars monthly. The Commissioners of Roads and Revenues of Fulton County are authorized and empowered to increase at their discretion, from time to time, the salaries of the clerk, chief clerk and deputy clerks of said court to an amount not to exceed forty-five per cent. of present salaries, and any increases already granted shall remain of force until changed by said board as provided by law. The clerk of said court shall execute a bond, payable to the Board of Commissioners of Roads and Revenues of Fulton County 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 ministerial duties which, under the laws of this State, are performable by a justice of the peace or a notary Page 442 public ex-officio justice of the peace, 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 take affidavits, but shall not have the power to attest deeds and similar instruments. The clerk of said court and each deputy clerk thereof shall take an oath to faithfully and impartially and without fear, favor, or affection, discharge his duties as clerk or deputy clerk. Clerk; duties. Fees and costs; statements of same. Deputy clerk; powers. Salaries. May increase salaries. Bond of clerk. Duties. Oaths. Sec. 2. Be it further enacted, That said Act as amended be and the same is hereby further amended by striking Section 24 of said Act, as amended, and inserting in lieu thereof a new section to be known as Section 24, and to read as follows: New Section 24. Sec. 24. Be it further enacted by the authority aforesaid, That there shall be a marshal 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 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 the 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 not less than forty-two hundred dollars per annum, payable three hundred and fifty dollars monthly. The salary of the chief clerk to the marshal shall be not less than twenty-one hundred dollars per annum, payable one hundred and seventy-five monthly. Each deputy marshal shall be paid fifteen hundred dollars per year, payable one hundred twenty-five dollars per month. The Commissioners of Roads and Revenues of Fulton County are authorized and empowered to increase at their discretion, from time to time, the salaries of the marshal, Page 443 the chief clerk, the deputy marshals, and special marshals of said court to an amount not to exceed forty-five per cent. of present salaries, and any increases already granted shall remain of force until changed by said board as provided by law. 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, power, 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 the court. The clerk, the deputy clerks, the marshal and deputy marshals 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. Marshal and deputy marshals. Proviso. How selected. Terms and salaries. May increase salaries. Bonds. Duties, powers, etc. Subject to rule. Approved July 23, 1923. AUGUSTA, CITY OF; PAYMENT OF RETIRED EMPLOYEES. No. 199. An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part pay any employee of the City of Augusta, Georgia, and for other purposes. Page 444 Section 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 Augusta, incorporated as the City Council of Augusta, Georgia, is amended as follows: That whenever any employee of the City of Augusta, of any department thereof, shall have served the city for twenty-five years, he or she, shall be permitted to retire from active service, on his or her own motion, upon one-half pay of the rank, position or job he or she may be holding at the time of said retiring under the following terms and conditions: Charter amended. Retirement after 25 years' service. Terms and conditions. (a) Any such employee wishing so to retire, shall obtain from one of the official physicians of the City of Augusta, Georgia, a certificate to the effect that such employee is no longer fit competently and fully to perform the active duties of his or her position or job. Upon presentation of such certificate to the commission or committee, whichever it may be, that has control of the department in which said employee is employed, such committee or commission shall pass upon said matter, and if they find the case meritorious, shall retire such employee upon one-half of the pay he or she is receiving at the time of such retirement, or should so receive according to the position or job he or she holds from the active service of his or her department, such one-half to be paid under the same rules and regulations as active members of said department may be, at the time, paid. (b) Such employee shall then be known as a retired member of his or her department, and shall be relieved of all active duties of his or her department, position or job and allowed to engage in any other occupation or business he or she may desire. (c) The retired pay granted under this Act shall continue to be paid to said retired employee for and during the term of his or her natural life. Page 445 Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1923. AUGUSTA FIRE DEPARTMENT; ACT OF 1922 AMENDED. No. 201. An Act to amend an Act approved August 1, 1922, Acts of 1922, page 589, entitled 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 amending the caption of said Act by striking the word and figure `Section 1' in the sixth and seventh lines of said caption and inserting in lieu thereof the word and figure `Section 2,' and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act approved August 1, 1922, Acts 1922, page 589, entitled An Act to amend an 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,' be amended by striking from the caption of said Act the word and figure `Section 1' in the sixth and seventh lines of said caption, and inserting in lieu of said stricken word and Page 446 figure `Section s,' so that said caption when so amended shall read as follows: Act of 1922 amended. Caption to read. 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 2 and substituting therefor a new section to be known as Section 2, so as to provide for the enforcement of said Act, and for other purposes. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved July 31, 1923. BAINBRIDGE CHARTER AMENDED. No. 536. An Act to amend an Act entitled An Act to create a new charter for the City of Bainbridge, and for other purposes, approved December 16, 1901; to provide the corporate limits of the City of Bainbridge; to provide further for the manner of increasing the corporate limits of the City of Bainbridge, and further purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that Section 3 of the Act entitled An Act to create a new charter for the City of Bainbridge, and for other purposes, approved December 16, 1901, be and the same is hereby amended by striking all of said section after the words, Provided, however, in the third line of said section Page 447 and substituting therefor the following, to wit: Provided, however, that the General Assembly of Georgia shall have the authority to fix the corporate limits of the City of Bainbridge, so that said section as amended shall read: Act of 1901 amended. Section 3 to read. Sec. 3. Be it further enacted, That the corporate limits of the City of Bainbridge shall be and remain, as now fixed by law; Provided, however, that the General Assembly of Georgia shall have the authority to fix the corporate limits of the City of Bainbridge. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. BAINBRIDGE TERRITORIAL LIMITS EXTENDED. No. 560. An Act to amend Section 3 of the charter of the City of Bainbridge as amended by increasing the corporate limits of said city, 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 from and after the passage of this Act, Section 3, as amended, of the charter of the City of Bainbridge, is hereby amended as follows: The first three lines in said section down to the word Provided are hereby struck from said Act and the following substituted in lieu thereof: The corporate limits of the City of Bainbridge shall be as follows: City charter amended. Starting at a point at the intersection of the present corporate line limit of the City of Bainbridge and the east lot land line of lot number 320 in the 20th district of said county and State and running thence south along the east Page 448 lot land line of said lot number 320 to a point 1400 feet south of the northwest corner of lot number 282 in the 20th district of said county and State; thence due east to the east lot land line of lot number 242 in the 20th district of said county and State to a point 1400 feet south on said east lot land line of the northeast corner of said lot number 242 in the 20th district of said county and State; thence north along the east lot land line of lots number 242 and 241 in the 20th district of said county and State and also north along the east lot land lines of number 221, 220 and 219 in the 15th district of said county and State to the northeast corner of lot of land number 219 in the 15th district of said county and State; thence west along the north lot land line of lot number 219 in the 15th district of said county and State to the west bank of the Flint River at the highwater mark point; thence in a southwesterly direction following the high-water mark line of the Flint River on the west side of said Flint River, following the present corporate limits to a point on the west side of said Flint River at the high-water mark line where same now crosses Flint River; thence following the present corporate limits across said river to the point of beginning. Corporate limits described. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and are hereby repealed. Approved August 18, 1923. BALDWIN, TOWN OF; NEW CHARTER FOR. No. 333. An Act to repeal an Act entitled, To incorporate the Town of Baldwin, in the Counties of Banks and Habersham, and for other purposes, approved December 17th, 1896, Acts of 1896, pages 122 and 123, and all Acts amendatory thereto, and to incorporate the Town of Baldwin in the Counties of Banks and Habersham, and Page 449 defining the limits thereof, to create a town council, and to grant election powers and privileges for the same. To authorize the establishment of a system of schools, public lights, water supply and drainage for said Town of Baldwin, and the passage of all ordinances and by-laws for the governing of said town, and to provide penalties for the violation of such ordinances and by-laws, to create a board of assessors and equalize the tax of said town, to define their powers and duties, and to provide for the keeping of prisoners of said town, to enlarge the duties and powers of said Mayor and Council of the Town of Baldwin, 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 Baldwin, located in the Counties of Banks and Habersham, and State of Georgia, be and are hereby incorporated under the name and style of the Town of Baldwin, and said Town of Baldwin is hereby chartered and made a town under the corporate name of the Town of Baldwin. Act to repeal Act of 1896. Corporate name. Sec. 2. That under and by virtue of the corporate name of the Town of Baldwin, it shall by that name have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of the State of Georgia or town thereof, and all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits, now belonging or in anywise appertaining to said Town of Baldwin, and as hereinafter incorporated, shall be and are hereby vested in the said Town of Baldwin, created by this Act; and the said Town of Baldwin, as created by this Act, may in its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and council such ordinances, rules, by-laws, regulations and resolutions for the Page 450 transaction of its business and welfare and proper government of said town as the said mayor and council may deem best, and which shall be consistent with the Constitution and laws of the State of Georgia, and of the United States, and the said Town of Baldwin shall have the right to be able in law to purchase, rent, sell, exchange, enjoy, possess, and retain perpetuity, or any term of years, any property, estate or estates, real or personal, lands, tenements and hereditaments, easements and the right of eminent domain and of all property, real or personal, of whatsoever kind, within or without the limits of said town for corporate purposes, and said Town of Baldwin created by this Act, shall succeed to all of the rights of, and is hereby made responsible, as a body corporate, for all the legal debts, liabilities and undertakings of the said Town of Baldwin, and its Mayor and Council of the Town of Baldwin as heretofore corporated. General powers. Sec. 3. Be it further enacted, That the corporate limits of said Town of Baldwin shall extend three-fourths of one mile in every direction from stone pile in said town and shall be the same as the corporate limits were in the Town of Baldwin before the passage of Act. Corporate limits. Sec. 4. Be it further enacted by the authority aforesaid, That the corporate authority of said town and the territory of the jurisdiction of the said town, and the territory of jurisdiction of the governing body and officers thereof, shall extend, for police and sanitary purposes, over all the lands which are now owned or controlled and all lands which may be hereafter owned or controlled by said town for waterworks, electric lights, power plants, sewerage, easements, drainage or sanitary purposes, within or without the territory indicated in section three (3) hereof, and over all mains, pipes, wires, poles, machinery, apparatus and fixtures which are now, or may hereafter be, owned, controlled or used by said town for either of said purposes within or without the territorial limits indicated in section three (3) hereof. The governing body and the officers Page 451 of said town shall have full power and authority to make and enforce such ordinances, by-laws, rules and regulations as they may deem necessary to protect such lands and premises referred to in this section, and all rights and interests of said town therein, as fully and completely as if the same were located within the said town proper, as indicated in section three (3) hereof. Corporate authority. Sec. 5. The municipal government of the Town of Baldwin and its corporate powers shall be exercised by a mayor and five councilmen to be elected from the town at large and which body shall be known as the mayor and council. Government vested in mayor and council. Sec. 6. That the mayor and each councilman shall be elected and serve for a term of one year, or until their successors are elected and qualified; that at the first election occurring after the passage of this Act the two candidates for councilman receiving the highest number of votes shall hold for two years and the other three councilmen shall hold for one year, and at the next regular election thereafter three councilmen shall be elected, and the two candidates receiving the highest number of votes shall hold for two years, and so on at each election thereafter, so that two councilmen at each election shall hold their office for two years; that the mayor and council of said town shall qualify for their respective offices at the first regular meeting of said mayor and council in the month of January of each year, at which time the old mayor and council shall turn over to the new mayor and council their respective offices. The present mayor and councilmen of said town shall continue in their respective offices with their present compensation until the first regular meeting of said mayor and council in the month of January, next, or until their successors are elected and qualified and shall exercise all the powers and authorities conferred upon the Mayor and Council of the Town of Baldwin by this Act; and all officers elected or appointed by the mayor and council of the old corporation of said town shall continue to hold their offices and discharge the duties thereof until their successors Page 452 are elected or appointed and qualified, unless sooner suspended, removed or discharged by the mayor and council of said town, which right and power is hereby given them. Terms. Sec. 7. That should there be a tie for the long and short term in said election between two or more elected councilmen, the remaining councilmen and the mayor shall decide which of them shall serve the long term and which shall serve the short term. Should there be a tie between two or more candidates for mayor, or two or more candidates for councilmen, then, in that event, the mayor and council then qualified shall within thirty days call another election to decide by popular vote of voters of said town which of the tied candidates shall be elected, and the new mayor and council, nor any part of them, shall not qualify until a mayor and five councilmen have been elected, and so soon thereafter they shall as a body be qualified for their respective offices by complying with the requirements of this Act. Second election in case of tie. Sec. 8. Be it further enacted by the authority aforesaid, That in the case there is a vacancy in any two or more of the offices of the mayor and council by death, resignation, failure to elect, removal from office, removal from town or in any other way, special election shall be ordered by the mayor and council, in the event of no mayor, then by the council alone, and in the event of no council, then by the mayor alone, and in the event of neither, then by any three or more citizens and voters of said town, giving thirty days' public notice by posting the same in three public places in said town, one to be at the door of the city hall, to fill such vacancy; Provided, that if any vacancy shall occur within three months of the next regular election of the mayor and council, then and in that event the mayor and council, or such portions of them that remain in office, may in their discretion refuse to order such election and await the regular election, but in the event that there be no quorum of the council to compose a regular working body as herein provided, then the mayor and council Page 453 shall have authority by this Act to select some qualified voter citizen and freeholder of said town or as many of them as may be needed, to form a quorum and regular working body of said council of said town, who shall qualify in manner and form as the council regularly elected, and when so qualified they shall have all the rights and privileges for the remainder of the unexpired term for which they are elected, to fill as if they had been regularly elected, but the council may in their discretion, if the vacancy occurs within three months of the regular election, either elect or appoint members to fill said vacancy, or may leave it to a vote of said citizens; but it shall be mandatory of the mayor and council, or so much of them as may be left, to see that at no time there shall be less members of said council than will constitute a regular working body for all purposes that may be necessary for a period longer than thirty days. Vacancies, how filled. Proviso. Sec. 9. Be it further enacted by the authority aforesaid, That the mayor, or if no mayor, then the council of said town, whenever an election is to be held, shall post at the courthouse or town hall and two other public places in said town notices that an election will be held, giving the date of said election, thirty days before the date of said election. Notice of election. Sec. 10. Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly in the Counties of Banks and Habersham, and who reside in the Town of Baldwin, and who have paid all legal taxes and fines imposed and demanded by the authorities of said town, and who have done all the work on the streets of the said town required by said authorities, and who shall have resided in said town for at least six months next preceding the date of said election, and who have registered in the registration book of said town as hereafter provided, shall be entitled to vote for mayor and councilmen, or to vote in any other election in said town at the time of their qualification. Qualifications of voters. Page 454 Sec. 11. Be it further enacted by the authority aforesaid, That the mayor and council shall provide for the registration of voters in said town, that the town clerk shall be registrar, and that he shall open the registration books of said town at least twenty days, including the Sundays, prior to any municipal election held for any purpose in the said Town of Baldwin for the registration of voters within said corporation which book shall be kept open each and every day, except Sundays, until ten days preceding said election, when it shall be finally closed until after said election for which it was opened. During said time said book remains open it shall be the duty of said clerk upon the application of any voter to register the name of such person expressing such register his age, occupation, business, color, sex and residence, and the said applicant will take the following oath to be administered by the said town clerk, to wit: You do solemnly swear that you are a citizen of the United States of America, that you will be qualified to vote for a member of the Legislature of Banks and Habersham County at the time of the election for which this registration is being taken, and that you will have resided six months within the corporate limits of the Town of Baldwin at the time of said election, that you will be twenty-one years of age by the day of said election, that you have paid all taxes, fines and all other obligations due the Town of Baldwin to date, so help you God. It shall be the duty of the town clerk to require each applicant to take the above oath with right hand uplifted while said oath is being administered. It shall be the further duty of the clerk to arrange the names registered in alphabetical order, and to furnish to the superintendent or the managers of said election said registration book duly certified as the original registration book. It shall be the further duty of the town clerk to furnish a registration list in alphabetical order of all names properly registered and deliver the same immediately after the registration book is closed to the mayor and council who have authority by this Act to properly purge said registration list and investigate, and if in Page 455 their opinion any one or more voters registered on said list is not entitled to vote in such election it will be their duty to strike said name, or names, from said list, that after the said list has been thoroughly purged by the mayor and council it shall be their duty to approve said list, to turn over said registration book and list to the election managers; the original book shall be kept at the polls by said managers of the election for the inspection of voters and citizens of said town, but that said election managers shall be governed as to who shall be entitled to vote in said election by the alphabetical list duly approved and turned over to them by the mayor and council of said town when the election is over, such registration book shall be by said managers filed in the office of the clerk of the council, to be by him safely kept; any person whose name has been left off of said registration list by mistake, inadvertence or any other good reason, and he is otherwise entitled to vote, such person shall make application to the mayor and council in special call session in person and present his case and right to vote, and if in the opinion of the council such person is entitled to vote under the provisions of this Act, it shall be their duty to notify instanter in writing the managers of said election, authorizing them to add such person's name to said list that will entitle him to vote in such election. That after the passage of this Act the mayor and council shall prepare a permanent registration book, upon which shall be entered the names of all qualified voters of said town which shall be revised at such times as the mayor and council may deem wise; that all voters' names entered thereon shall so long as they comply with the provisions of this Act and otherwise entitled to vote as provided herein, they shall remain on such permanent registration book and it shall not be necessary for them to again register unless they shall become disqualified under this Act; that the mayor and council shall have the right to investigate by proper hearing and inquire into the right of whether or not any voter or voters shall remain on said permanent registration book, and if in their opinion such Page 456 voter or voters is disqualified for voting they may have his name removed from said permanent registration book; Provided, that no voters' name shall not be removed or stricken from said book until he can be heard before said mayor and council and make a counter showing and that before any action can be taken by said mayor and council he shall be notified in writing and served personally by the marshal of said town. Any person not qualified to vote under the provisions of this Act who shall vote or attempt to vote in any election of said town shall be guilty of misdemeanor and punished as provided for by the Criminal Code of Georgia. Provisions for registration of voters. Duties of clerk. Oath. Registration book. May purge list. Must approve list. Provisions for person omitted from list. Permanent registration book. Right to investigate. Disqualified to vote; name removed. Proviso. Sec. 12. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to pass such rules and regulations governing all elections held in said town as may be necessary when not in conflict with this Act. All elections shall be superintended and managed by three qualified voters of said town who are freeholders, who shall be appointed by the mayor and council, or by the chief of police or marshal upon their failure to do so, and each of said managers before entering upon his duties shall take an oath before some judicial officer duly qualified to administer oaths, that he will faithfully and impartially conduct said election, and will prevent all illegal voting. Said managers shall cause two lists of voters and two tally sheets of each elections to be kept at each of the designated voting places. The polls shall be open for voting at 8:00 o'clock a. m. and close at 4:00 p. m., according to eastern time. Regulations concerning elections. Lists of voters. Hours of voting. Sec. 13. Be it further enacted by the authority aforesaid, That after the votes have been counted by the managers and they shall certify as being true and correct, two lists and two tally sheets, then they shall take the two tally sheets, the registration list and the two voters' lists and seal them up, and then each of said managers shall write with ink his name across the seal or wrapper of said package and then they shall take the ballots and seal them up Page 457 in a separate package or box and each of the said managers write his name across the seal or wrapper of said package and thereupon the two packages to be delivered to the town clerk and be kept by him until ordered by the mayor and council to destroy them in their presence, as hereinafter provided. Duties of managers after election. Sec. 14. Be it further enacted by the authority aforesaid, That within five days after said election the mayor and council shall convene in special session at which time the managers of said election previously held shall file a written report properly certified by them as being true to the result of said election with the town clerk, showing the number of votes cast and for whom cast. After the filing of such reports, the mayor and council at such special session shall declare the result and such declaration shall be entered upon the minutes of said meeting. Written report of election. Sec. 15. Be it further enacted by the authority aforesaid, That should any citizen, voter or candidate of said town desire to challenge the vote of any voter offering to vote in any municipal election, such citizen or other person shall furnish to the election managers a list of voters' names he desires to challenge, and stating in such writing the grounds for challenging each voter, and thereupon it shall be the duty of the election managers to write across the back of such ticket as may be challenged the word challenged, and said managers shall count said votes so challenged but in the report made by them to the mayor and council they must specify each vote challenged and shall attach such written challenge to their report as may be filed, and before declaring the results of said election it shall be the duty of the mayor and council to give all parties interested at least three days' notice of the time and place of hearing, and at such hearing they shall have submitted to them all evidence bearing on the qualification of the voter or voters, and if in their discretion and opinion such challenged voter or voters if not entitled to a vote they shall throw out such ticket of such voter or voters as Page 458 they deem proper and then declare the results of eliminating such challenged voter or voters, but if in the opinion of the mayor and council such challenged voter or voters were duly qualified to vote, then they shall declare the result as shown by the report of said managers. Challenging right to vote. Sec. 16. Be it further enacted by the authority aforesaid, That the annual election of the mayor and council shall be held on the second Saturday in December of each and every year, and the officers then elected shall qualify and enter upon the discharge of their duties at the first regular meeting of said mayor and council held in the month of January following said election and shall hold their office for the term hereinbefore specified, or until their successors are elected and qualified. All other elections other than those specified above shall be held at any time that the mayor and council may deem necessary that election be held. Election for mayor and council. Other elections. Sec. 17. Be it further enacted by the power aforesaid, That should any contest arise over any said elections for mayor and councilmen or any other election held in said town, the same shall be determined and disposed of as provided by section 125 of volume 1 of the Code of Georgia, 1910, and the other general laws of the State governing the question of contests arising over the election for municipal officers. Any one desiring to contest the results of any election, such contestant shall file with the ordinary of Habersham and also with the clerk of the Town of Baldwin within three days after the said election a notice that he desires to contest said election, and that at the same time deposit with the ordinary of Habersham County the sum of $5.00 as advanced costs to be credited upon the eventual cost bill of said contest. That within two days after notice is served upon him said ordinary shall cause a copy of said notice to be served by the sheriff or his deputy on the contestee, if such contest is for any office and if the result of any election in any question is submitted is contested, then said ordinary shall cause notice to be served Page 459 on the mayor of said town, and by placing notices of said contests within three public places in said town, said ordinary shall fix the time of hearing said contest which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before hearing. Said notice of contest shall set out therein plainly and distinctly the grounds upon which said result of election is contested; contestee may set up any cross-grounds of contest. The contest shall be heard at the courthouse. Said ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs for which said ordinary is authorized to issue the usual cost of execution. Contest over elections; how determined. Sec. 18. Be it further enacted by the authority aforesaid, That after the expiration of sixty days from the date of said election the mayor and council shall order the clerk of said council to burn up the ballots of said election in their presence without examining them or allowing the same to be done; Provided no written notice of a contest shall have been filed as provided by this Act. Disposition of ballots. Proviso. Sec. 19. Be it further enacted by the authority aforesaid, That any person who is a citizen of the United States and who is eligible to vote for members of the General Assembly of Georgia shall be eligible to any office of said Town of Baldwin; Provided such person is twenty-one years of age and has resided in the State of Georgia for twelve months and in the Town of Baldwin for six months next previous to election, provided they are qualified to vote in the Town of Baldwin, as provided in this Act. Eligibility for office. Proviso. Sec. 20. Be it further enacted by the authority aforesaid, That the regular monthly meetings of the said mayor and council shall be held on the first Friday in each month, the time of day or night to be fixed by said mayor and council and by ordinance, and the said mayor and council shall meet as often as may be necessary in special session to transact business for said town, and they shall have Page 460 power to adjourn over any regular session to some future date. Said meeting of council shall be held in the council chamber. Meetings of council. Sec. 21. Be it further enacted by the authority aforesaid, That the persons elected for mayor and councilmen shall appear at the council chamber on the first Friday in each and every January, or as soon as practical thereafter and take and subscribe to the following oath, before any judicial officer of the State of Georgia authorized to administer oaths, which shall be spread upon the minutes of the town council: I,....., do solemnly swear that I will well and truly perform the duties of mayor (or councilman) of the Town of Baldwin to the best of my skill and ability without favor or affection; that I will adopt such measures, rules and regulations as in my judgment shall be best calculated to promote the welfare of the inhabitants of said town, so help me God; that said oath shall be subscribed to by each of said officers and then entered upon the minutes as aforesaid, and they shall forthwith enter upon the discharge of their duties. Oath of mayor and councilmen. Sec. 22. Be it further enacted by the authority aforesaid, That all subordinate officers of said town elected by the mayor and council shall before entering upon their respective duties take the following oath: I,..... will well and truly perform the duties of..... (of such office as the case may be) of the Town of Baldwin to the best of my skill and ability, without favor or affection; that I will as such officer at all times be subject to and abide by the laws, ordinances and edicts of said town and the rules and regulations of the officials of said town to which I may be subject and governed; that I will at all times use my best endeavor to carry out and assist in the enforcement of the laws, ordinances and rules of the said town, so help me God, which oath shall likewise be entered on the minutes of the mayor and council. Oath of subordinate officers. Page 461 Sec. 23. Be it further enacted by the authority aforesaid, That the power of legislation and the appointment of all subordinate officers of said town shall be vested in the mayor and council of said town. Powers vested in mayor and council. Sec. 24. Be it further enacted by the authority aforesaid, That the mayor and three councilmen shall constitute a quorum of the mayor and council of said town, except in special case herein provided for, for the transaction of business; in the absence of the mayor, the mayor pro tem. and three councilmen shall constitute a quorum. Quorum. Sec. 25. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive of the town; he shall see that all laws, ordinances, resolutions and rules of the town and the criminal laws of the State are faithfully executed and enforced, and that the officers of the town shall faithfully discharge the duties required of them. He shall have a general jurisdiction of the affairs of the town; he shall preside at the meetings of mayor and council; he shall have the right to vote, in case of a tie, in all matters pending before the mayor and council; he shall have the power to call a special session of the mayor and council, whenever he may deem it necessary; he shall have the right to veto all ordinances and resolutions passed by the mayor and council within three days after the passage of the same, which veto shall be in writing and shall plainly set forth the grounds why he vetoed said ordinance, order or resolution, and shall file the same with the town clerk, but notwithstanding such veto, such ordinance, order or resolution may be passed by the vote of four-fifths of the mayor and council, to be taken by ayes and nays votes, and by four members of the council voting for an ordinance, order or resolution it shall be considered passed and the mayor's veto overruled; and upon the question of overruling a veto, the mayor shall not be entitled to vote in any event; Provided, that such vote shall not be taken until four days after the filing with the clerk of such veto. The mayor shall be the presiding officer of what shall be Page 462 hereinafter termed a police court, and as such presiding officer shall try all offenders against the law and ordinances of the town committee within the corporate limits and the police jurisdiction extending beyond the corporate limits of said town, and to punish for the violation of such laws and ordinances of said town by inflicting such punishment as hereinafter provided for as he may deem just and proper. Mayor; duties; powers; jurisdiction. Sec. 26. Be it further enacted by the authority aforesaid, That the mayor and council shall fix the salary of the next preceding mayor and council for the next ensuing year at their regular meeting before going out of office. Salary of mayor. Sec. 27. Be it further enacted by the authority aforesaid, That the mayor and councilmen at their first meeting shall elect one of their councilmen as mayor pro tem and who shall in case of the absence, disqualification or refusal of the mayor to act, or for vacancy in the mayor's office, perform and discharge all the duties and exercise all the authority of the office of mayor, upon taking the usual oath and be clothed with all the authority to act as full and complete as the mayor to carry out the provisions of this Act. Mayor pro tem. Sec. 28. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority to elect or appoint such other officers and agents as they may deem necessary; shall have 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 oaths, and fix a definite term of office for each. The mayor and council may suspend any officer or agent who is elected or appointed by them, at their discretion, either with or without cause, and either with or without notice; Provided, that the salaries of such special officers or agents shall not when added to the salaries of other herein specified exceed the maximum amount specified by this Act to be appropriated for salaries. Other officers and agents. Proviso. Page 463 Sec. 29. Be it further enacted by the authority aforesaid, That the mayor or as herein provided, the mayor pro tem., shall be bound to keep the peace and shall be ex-officio justice of the peace as far as to enable him to issue warrants for offenses committed in said town, or within the jurisdiction granted by this Act; it shall be his duty to examine into the facts in each case brought before him, and if the facts of the case be not only a violation of the ordinances of said town, but a violation of some State law, the mayor or the mayor pro tem. may in his discretion place a fine on such offender for violating said town ordinance, and then commit him to jail of Habersham or Banks County, the one having jurisdiction over the offender, there to wait the action of the grand jury of said county, or he may in his discretion commit the offender to Habersham or Banks County jail without imposing a fine for the violation of such town ordinance, and fix amount of bail for offender's appearance at such time and place as he may be required to appear. Mayor as justice of peace; powers. Sec. 30. Be it further enacted by the authority aforesaid, That the mayor and council shall at their first meeting appoint committees from their number to be known as finance, street, alley and sidewalk, parks, lights and sewerage and sanitary committees and such other committees as they may deem proper, or at any other meeting of the said mayor and council. Certain committees. Sec. 31. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshal, who shall be the chief of police, to levy all executions in favor of the town and, after advertising the same in some newspaper in which the sheriff's advertisements are placed in Banks or Habersham County, being governed by the location of the property; if the property be real property, and if the property being levied on is personal property, same shall be advertised by posting a notice for ten days in three public places in said town, one to be on the door of the town hall, all such sales shall be made by the marshal of said town Page 464 before the door of the council chamber of said town within the legal hours prescribed for sheriff's sale at public outcry, and when real estate is sold by the marshal he shall make to the purchaser a deed which shall be as effectual in the passing of the title as sheriff's sales made under execution, and it shall be the duty of the marshal upon application of the purchaser, his agent or attorney, to put said purchaser, agent or his attorney, in peaceable, quiet possession of the real estate sold; Provided, said marshal shall not be authorized to turn any person out of possession other than defendant in fi. fa., his heirs, tenants or assignees since the lien of the fi. fa. attached. Marshal; powers and duties. Proviso. Sec. 32. Be it enacted by authority aforesaid, That when any arrest is made by marshal of said town or his deputies he may take bond for the appearance of any person arrested by them for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or the mayor pro tem. Bond for appearance. Sec. 33. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power to authorize by ordinance the marshal or his deputies of said town to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said town, or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Bystanders to aid in arrest. Sec. 34. Be it further enacted by the authority aforesaid, That the town marshal shall keep within a well-bound book a complete itemized statement, properly dated, all receipts for the town showing who received from, for what purpose, and also all expenditures paid out for the town by him, should he be authorized to pay out any by the mayor and council, showing whom paid to and for what purposes paid and it shall be his duty to furnish to the town treasurer the items, dates, amounts collected, showing Page 465 who received from and for what purpose, when called on by such treasurer or when money is turned over to the treasurer by said marshal. Itemized statement of finances. Sec. 35. Be it further enacted by the authority aforesaid, That no officer of said town shall have any interest in any contract, directly or indirectly, in which the town is interested or is a party; neither shall he or they make any contracts with said town or any department thereof. No interest in contracts. Sec. 36. Be it further enacted by the authority aforesaid, That the mayor and councilmen and subordinate officers of said town shall be liable to punishment as any other unofficial person for violation of any of the ordinances, rules or regulations of said town. Officers liable to punishment. Sec. 37. Be it further enacted by the authority aforesaid, That the mayor and council shall have at their regular meeting held during the month of April or so soon as practical thereafter at any adjourned meeting of the aforesaid regular meeting in each and every year, to elect by a majority vote what is known and hereinafter termed as a board of assessors for said town, to be composed of three citizens who are qualified voters and freeholders in said town and who have resided within said town two years or longer, who shall compose said board and whose duty it shall be to annually on the first Monday in June of each year, or so soon thereafter as practical, to assess the fair market value of all real estate and personal property situated in said town or subject to taxation within said town; it shall be the further duty of the board of assessors to see that all taxable property within said town is assessed and returned for taxation at its fair market value, and that valuation, as between the individual taxpayer of said town, shall be fairly and justly equalized, so that each taxpayer shall pay as near as may be only a proportionate share of taxes according to the amount of taxes returned or assessed; it shall be their further duty after they have been assessed and returned all property for taxation to return all blanks and Page 466 assessments thereon of the individual taxpayers of said town back to the town clerk at such time as may be fixed by ordinance of the mayor and council; that they shall be governed by all rules, resolutions and ordinances that may be fixed by the mayor and council which are not in conflict with this Act; that they shall take such oath as may be prescribed by the mayor and council; Provided, that no assessor shall pass upon and assess any of his own property or that of a co-assessor, but the property of such board of assessors shall be passed and assessed by the mayor and council of said town in the same manner and under the same laws and ordinances as the assessors are governed. Board of assessors; duties. Proviso. Sec. 38. Be it further enacted by the authority aforesaid, That the mayor and council shall before said tax returns, together with said assessment, are entered on the tax digest of said town, go over each one and, if, in their opinion, said assessors have failed or neglected to make the proper assessments of the tax returns, or any item thereof, of any taxpayer said mayor and council shall have the right to raise or lower the assessment thereon; Provided, that the specific items of taxable property so lowered or raised by said mayor and council has not been arbitrated during such year, and further provided, that in the event that such assessments or returns are either lowered or raised then in that event said mayor and council shall notify such taxpayers and such taxpayer may, if he desires to do so, arbitrate said assessment in the same manner as he would if such assessment had been made by said board of assessors. Assessments may be raised or lowered. Proviso. Sec. 39. Be it further enacted by the authority aforesaid, That the board of assessors shall have authority to issue subpoenas for the attendance of witnesses and to require the production of any person, firm or corporation all of his books or its books, papers, documents which may throw any light or give information of the existence of property or liability or property of any class for taxation. If any witness refuses to appear or refuses to produce Page 467 books or other documents he may be dealt with by said town through and by its mayor or other presiding officer as other offenders of the ordinances of said towns are dealt with or be dealt with as provided by such ordinances, rules and regulations as may be passed by the mayor and council of said town, provided they are not in conflict with the provisions of this Act. Witnesses may be subpoenaed. Sec. 40. Be it further enacted by the authority aforesaid, That when the board of assessors shall make a correction, change, lower or raise the property of any person or corporation or double tax any firm or corporation or otherwise penalize such firm or corporation for not returning their property for taxation it shall be the duty of the board of assessors to immediately give notice to any such taxpayer of any change made in his return or of double taxing or otherwise penalizing for not making return, either personally or by leaving a written notice at his residence, or place of business, of such changes in said returns or of double taxing of such taxpayer or otherwise penalizing him, in the case of non-residents of the Town of Baldwin, and they shall be notified of such changes or of double taxing by sending said notice through United States mail to his last known place of address, which when done, shall be considered sufficient to place said taxpayer on notice of said change in his tax return and other changes. Notice of change in assessment, etc. Sec. 41. Be it further enacted by the authority aforesaid, That if any taxpayer is dissatisfied with the action or assessment of said board, he may within ten days from giving of said notice to him by said board of assessors in case of residents of said town, and within twenty days in case of non-residents of said town give notice to said board that he demands an arbitration, giving at the same time the name of his arbitrator. The board shall name its arbitrator within three days thereafter and these two, if they can not agree, shall elect a third arbitrator, the majority of whom shall fix the assessment of the property on which said taxpayer shall pay taxes and said decision shall Page 468 be final. The said arbitrators shall be freeholders and citizens of the Town of Baldwin, and they shall render their decision within ten days from the date of the naming of them as arbitrators and upon the failure of said arbitrators to reach a decision said assessment as made by the board of assessors shall stand affirmed and shall be binding in the premises. Arbitration in case of dissatisfaction. Sec. 42. Be it further enacted by the authority aforesaid, That before entering upon the hearing the said arbitrators shall take an oath before the mayor of said town or any other officer of said municipality or State authorized to administer oaths that they will faithfully and impartially make a true and just assessment of the tax returns and property in question and assess such property at its fair market value as it stood or existed on the date for returning the taxes for that year and that they will further determine the matters submitted to them according to the law, justice and equity of the case or matter for them to determine. Arbitrators to make just assessment. Sec. 43. Be it further enacted by the authority aforesaid, That said arbitrators selected under the provisions of this Act shall be compensated in such manner as the mayor and council may determine by proper ordinance, except the party who seeks an arbitration shall pay his own arbitrator such sum as he may deem fit and appropriate, and such party shall pay to the third arbitrator selected one-half of whatever the ordinances of said town may provide for. Compensation. Sec. 44. Be it further enacted by the authority aforesaid, That the said board of assessors shall on or before the 31st day of July of each year return to the town clerk all return blanks with assessments and endorsements thereon and said clerk shall immediately enter the same on the tax digest of said city in a correct and neat manner; Provided, said assessment of the board of assessors is adopted and approved without correction by lowering or raising said return by said mayor and council as provided for herein. Return blanks to clerk by July 31. Proviso. Page 469 Sec. 45. Be it further enacted by the authority aforesaid, That on the first Friday in each September at the regular session of said mayor and council the said mayor and council shall levy and make up the tax levy for that year according to the provisions of this Act, and according to the general laws of the State and the ordinances of said town. Tax levy. Sec. 46. Be it further enacted by the authority aforesaid, That on the first day in October in each year (if on Sunday, the next day following) the tax books of said town shall be open for the payment of taxes which shall be kept open by the marshal or other designated officer of said town each day thereafter except Sundays for the purpose of receiving and receipting for all taxes due said town and said books shall be kept open until the 20th day of December of each year when said books shall close. Tax books to open. Sec. 47. Be it further enacted by the authority aforesaid, That immediately after said books are closed the marshal of said town shall make a neat and correct list of all taxpayers who have not paid their taxes for that year, specifying the amounts each are due, the same to be turned over to the clerk of the council to be passed on at the final meeting of the said mayor and council for that year and to be by them turned over to the succeeding mayor and council. List of defaulters. Sec. 48. Be it further enacted by the authority aforesaid, That on or after the first Tuesday in April and before or on the 31st day of May each year, each individual, firm or corporation owning or having in its custody or control any property, whether as trustee, agent, parent, guardian or administrator or in own right, subject to town taxes, such individual, firm or corporation must return the same for taxes to said town upon blanks to be furnished by said town for that purpose and the said property, whether realty or personalty, must be returned for taxes at its fair market value as it stood or existed on the date fixed by the general law of the State of Georgia for the lien of town Page 470 taxes to attach. Said property when given in must be itemized in a full and complete manner and be described so that the board of assessors and the mayor and council and other officials of said town may readily identify the same which form of tax blank shall be prescribed by proper ordinances enacted by the mayor and council of said town; Provided, that said ordinance shall not conflict with the provisions of this Act; that said individual, firm or corporation shall before giving in their taxes for taxation on said blanks take oath, or in case of non-residents which may be done through their agents, which oath shall be as follows: State of Georgia, Habersham County, Town of Baldwin. Personally appeared before me , an officer fully authorized by law to administer oaths, the undersigned deponent, who on oath says: That I do solemnly swear that the return I am about to make shall be a just, true and correct statement of all real or personal property of every kind which I hold or own on the day fixed by the authorities of the State of Georgia for returning State and county taxes for this year, or was interested in, either in my own right or the right of any person or persons whomsoever, either as parent, guardian, executor, administrator, agent, trustee or any other manner whatever, to the best of my knowledge, information and belief; that I do further swear that I will return for taxes all notes, accounts, judgments, executions, bonds, stock and all other evidences of value not exempt by law for taxation, in my right or possession (the following clause to be added if the citizen or person giving in tax lives or is domiciled with the town limits of Baldwin) (whether said money, notes, accounts, judgments, executions, bonds and stock are actually within the limits of the Town of Baldwin or not); I further swear that all property given in for taxes shall be at a fair market value of such property as it stood or existed on the date for the lien of town taxes to attach; I further swear that I have not conveyed or assigned to others or removed or caused to be removed out of the town any property to avoid returning the same for town taxes; I further Page 471 swear that I will correctly and truthfuly answer all questions asked me by the town tax receiver of said town, the marshal thereof, or any person designated by the proper authorities of said town. All the above and foregoing oath I do solemnly swear to abide by, so help me God. Tax returns; when and how made. Must be itemized. Proviso. Oath of taxpayer. Sec. 49. Be it further enacted by the authority aforesaid, That when any taxpayer gives in or returns his property for taxes and takes the oath in the preceding section he shall do so before the town clerk or some other officer authorized by law at the place where said oath was taken and that said oath shall be administered while such taxpayer holds up his right hand and after said oath is taken in this manner it shall be the duty of the officer before whom such oath is taken to certify on said return that such taxpayer took it in the manner prescribed by this and the preceding section and if such oath be taken before some officer without the limits of the Town of Baldwin he shall attach his official seal thereto. Manner of taking oath. Sec. 50. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority and power to provide by ordinance penalties for failure to make return of property for taxation as required by this Act; they shall also have power and authority to when and how taxes due said town shall become due and in what length of time and in what period it shall be paid, to fix a penalty for the non-payment of taxes when due, and to this extent they may in their discretion double tax, and to issue executions against all persons who do not pay their taxes at the time of the closing of tax book of said town as provided by this Act; they shall have also full power and authority to pass such ordinances as they may deem necessary to carry out the provisions of this Act and to govern the giving in, assessing, arbitrating and the collection of taxes, provided such ordinances are not in conflict with this Act. Penalties. When and how taxes due. Ordinances. Sec. 51. Be it further enacted by the authority aforesaid, That all property subject to taxation by the Town of Page 472 Baldwin shall be given in by the owner or agent thereof for taxes on a blank return as may be provided by the mayor and council, and that no return shall be accepted by the clerk of the council or the board of assessors unless said property is given in for taxation on a blank as may be prescribed by the mayor and council of said town. Property subject to taxation. Sec. 52. Be it further enacted by the authority aforesaid, That no tax return shall be accepted by the clerk of the council or town clerk, the board of assessors or any other officer authorized to receive said return unless said return is sworn to by the taxpayer or his agent taking the oath as prescribed by this Act and administered while such taxpayer or his agent holds his right hand uplifted and that no tax return shall be received by said board of assessors, town clerk or other officer of said town authorized to receive the same unless the officer before whom said oath was taken certifies that said oath was taken as prescribed herein. Tax return must be sworn. Sec. 53. Be it further enacted by the authority aforesaid, That any person who has been double taxed or otherwise penalized for failure to make return for their taxable property to the town clerk of said town and who desires to be relieved of said double tax or penalty shall make written application to the mayor and council of said town, assembled in regular session, within ten days after said notice is received by said defaulting taxpayer, passed on at the first regular meeting of said council after said notice is received; Provided, that if said notice is received less than three days before the next regular meeting of said council, then it shall be filed within ten days and be passed over to the regular meeting of said mayor and council. Thereupon it shall be the duty of the mayor and council of said town to inquire into the facts in regard to the double taxing of such taxpayer and if it is apparent that the failure to return for taxes the property and ordinances was due to providential or other good cause, and that such taxpayer did not have an opportunity to make the return as Page 473 aforesaid, the mayor and council of said town in their discretion may pass an order on said application relieving said applicant of such double tax or other penalty as may be prescribed by the ordinance of said town and therefore it shall be the duty of the town clerk to enter such taxpayer's name on the digest of said town without such double tax or penalty being added thereto. Application for relief from double taxation, etc. Sec. 54. Be it further enacted by the authority aforesaid, That the date of the return for taxation of property within the limits of the Town of Baldwin, subject to taxation by said town, shall be returned for taxation or the lien shall attach for said town taxes on the same date each year as the date fixed by the authorities of the State of Georgia each year for the return of State and county taxes, as provided by the law of the State of Georgia. Date of returns. Sec. 55. Be it further enacted by the authority aforesaid, That if for any reason a clerical mistake is made in the tax return of any taxpayer before the same is entered on the digest of said town, said party against whom such mistake operates, he shall apply to the board of assessors to have said mistake corrected if it is apparent that a mistake has been made, and in the event that said mistake is not discovered until said return is placed upon the tax digest of said town, said party shall make application to the mayor and council of said town, who shall investigate the matter and if it is apparent that a mistake has been made it shall be the duty of the mayor and council to correct such mistake and note the same on the tax digest. Clerical mistake may be corrected. Sec. 56. Be it further enacted by the authority aforesaid, That the town clerk, board of assessors or other officers of said town authorized to receive returns of taxes are required to receive the returns, or cause them to be made, and to collect the taxes thereon for former years of any person, firm or corporation which has failed to make proper returns and pay such taxes. Such taxes when received or returned shall be assessed according to the law or ordinance Page 474 and rate of taxes as was in force at the time the default occurred and shall be so specified on the tax digest of said town. Receive returns and collect delinquent taxes. Sec. 57. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support and maintenance of the Town of Baldwin and the government thereof, the mayor and council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, and every other kind of property in said town, owned or held therein of not exceeding one-half of one per cent. for ordinary expenses. Ad valorem tax. Sec. 58. Be it further enacted by the authority aforesaid, That for the purpose of providing a sinking fund for paying the principal and interest of any bond heretofore issued, or that may be hereafter issued by said city authorities, and for the payment of the annual or semi-annual interest on said bonds and for the payment of legal and equitable judgment and decrees against said town, the said mayor and council shall have authority and power to levy and collect an additional tax in the mode and manner prescribed by the Constitution and the laws of Georgia, as provided in Sections 865, 867, 869, 870 and 871 of the Civil Code of Georgia of 1910, and the other general laws of the State of Georgia, and for the purpose specified in those sections, those sections above referred to being made a part of this Act and charter. Sinking fund. Additional tax. Civil Code cited. Sec. 59. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to levy and collect annually, in addition to that already provided for in this Act, a tax not exceeding one-half of one per cent. on all taxable property of said town for the purpose of establishing and maintaining a system of public schools in said town, said fund not to be used for any other purpose. Tax for public schools. Page 475 Sec. 60. Be it further enacted by the authority aforesaid, That Sections 872 to 875, both inclusive, of the Civil Code of Georgia of 1910 shall apply to the taxation of all railroads of said Town of Baldwin, and to carry out the provisions thereof said sections are hereby made a part of this Act. Taxation of railroads. Sec. 61. Be it further enacted by the authority aforesaid, That Sections 876 to 878, both inclusive, of the Civil Code of Georgia of 1910 shall apply as to garnishments and interest of tax executions for the Town of Baldwin, and to carry out the provisions thereof said sections are hereby made a part of this Act. Garnishments, etc. Sec. 62. Be it further enacted by the authority aforesaid, That Sections 879 to 885, both inclusive, of the Civil Code of Georgia of 1910 shall apply as to the mode and procedure to collect by levy and sale all municipal taxes due said town, and the manner in which redemption of property sold may be made, and to carry out the provisions thereof said sections are hereby made a part of this Act, and any tax deed made in pursuance of the clause and foregoing sections shall be admissible in any court and the recitals shall be evidence of the facts therein recited as required in Section 885 of the Code of Georgia. Collection of municipal taxes. Sec. 63. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to require any and every person, firm, company or corporation, whether resident or non-resident of said town, who may engage in, permit or carry on any trade, business, calling, vocation or profession within the corporate limits of said town by themselves or by their agents and employees to register their names, business, calling, vocation or profession annually, and to require said person, firm, company or corporation to pay for said registration or for a license to prosecute, carry on or engage in said business, calling or profession such amount as the mayor and council shall prescribe by ordinance; Provided, that there shall be a separate license for each business, calling or vocation, Page 476 and no person securing a license for any particular business, calling or vocation shall be allowed to carry on any other business, calling or vocation thereunder; provided, further, that no person shall carry on said business under said license at any other place, except by special permit of the said mayor and council; said mayor and council shall have full power and authority to grant another person right to continue the same business under the same license whenever said business shall have changed hands, but no person shall continue said business under said license without special permission from the mayor and council. The mayor and council may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to register and secure and pay for said license, or who engage in or attempt to engage in such business, profession or occupation before compliance with the provisions of such ordinance. Provided, further, it shall not be within the power or authority of the Mayor and Council of the Town of Baldwin, or any other official therein, to give or grant any license to conduct or carry on any business, avocation or calling in said town, in violation of the laws of this State in reference to the observation of the Sabbath day, nor power or authority to give, grant or permit any license or any authority to keep for sale, to manufacture, give away, barter, sell or exchange within the limits of said town any spirituous, alcoholic, malt, vinous or intoxicating liquors, drinks, bitters, beverages or concoctions. Tradesmen must register. License. Proviso. No license granted contrary to State laws. Sec. 64. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to use the funds raised by means of issuing license under this section for any purpose termed extraordinary expenses under the statute laws of the State of Georgia, or they may use the same for paying ordinary expenses of said town. They shall not be restricted in the use of said moneys, so long as they are expended so as to produce public benefit to the citizens of the town as a whole. Page 477 A separate account of all moneys so raised shall be kept by the clerk and treasurer and any appropriation of the same shall be specified out of what funds it shall be paid. Funds from licenses issued. Sec. 65. Be it further enacted by the authority aforesaid, That the Mayor and Council of the Town of Baldwin shall have full power and authority to declare any business or calling that by reason of its nature might tend to increase idleness, a nuisance, and refuse to grant a license to a person, firm or corporation to pursue such calling or profession or to carry on such business within the corporate limits of said town. Nuisances. Sec. 66. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power and authority to require and compel and make all male persons between the ages of 21 and 50 years subject to road or street duties, residents of said town, work on the streets, alleys and thoroughfares within the corporate limits of said town not to exceed ten days in each year, at such time or times as the mayor and council may order and provided for by proper ordinance, or to pay a commutation tax in lieu thereof not to exceed $5.00 in any one year, to be paid at such time or times as may be by proper ordinance designated. Should any person liable to work on the streets, alleys and thoroughfares under this section fail or refuse to do so or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said mayor and council may require, he shall be deemed guilty of a violation of this section, and on conviction in the police court of said city, shall be fined in a sum not exceeding $10.00 or imprisonment in the town prison or the jail of Habersham County or by labor in the chain gang of said town not exceeding twenty days. The mayor and council shall pass such ordinances as they may deem proper and necessary for enforcing the provisions of this section and for the collection of such tax. Road duties. Tax in lieu of road duties. Punishment of violators. Sec. 67. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to impose Page 478 a license tax on all dogs owned or kept within said town and shall have power and authority to pass such ordinances as they deem necessary to collect such tax or otherwise enforce the provisions of this section, and may authorize and direct the marshal or his deputy of said town to impound or kill any dog or dogs at large, within the limits of said town whose owner has failed or refused to pay said tax, or in lieu thereof provided an ordinance making it an offense against the laws and ordinances of said town to keep or maintain dog or dogs within said town without paying the license tax prescribed by the ordinance of said town and to pass such other ordinances as the mayor and council may deem proper and necessary for the enforcement of this section. License tax on dogs. Sec. 68. Be it further enacted by the authority aforesaid, That there shall be what shall be known by this Act as police court conducted in such a manner and at such time and places as the mayor and council may prescribe by ordinance and in which court the mayor shall be the presiding officer. In case of the absence or disability of the mayor, or in case of a vacancy in the office of the mayor, the mayor pro tem., or in his absence or disability, any member of the council designated by the council shall preside. Police court; regulations. Presiding judge. Sec. 69. Be it further enacted by the authority aforesaid, That said police court shall have jurisdiction to try all offenders against the laws and ordinances of the town committed within the incorporate limits or to such other limits and jurisdiction as may be given power by this Act to the said town to have police jurisdiction over and to punish for the violation of such laws and ordinances by inflicting such punishment as may be prescribed by ordinance of said town under the authority of this Act. Jurisdiction. Sec. 70. Be it further enacted by the authority aforesaid, That said mayor or other presiding officer of said police court shall be to all intents and purposes a justice of Page 479 the peace as has hereinbefore been conferred upon the mayor of said town by Section 29 of this Act. Justice of peace. Sec. 71. Be it further enacted by the authority aforesaid, That there shall be kept in said police court one or more dockets, upon which shall appear names of each person for whom a warrant has been issued, which shall be entered by the clerk of the council who has violated any of the ordinances of the Town of Baldwin or the State penal laws, and each person summoned before said court by a subp[UNK]na or other writ issued therefrom for the violation of any ordinance of the town or any State penal law shall be entered on said docket or dockets together with the names of the witnesses against them and a brief statement of the offense with which they are charged. Dockets to be kept. To contain. Sec. 72. Be it further enacted by the authority aforesaid, That upon the trial of such person or persons the sentence imposed or the disposition of the case shall be entered in writing opposite the name and charge, which respective entries, signed by the mayor or other presiding officer, shall constitute the judgment of said police court in such respective cases. Said court or presiding officer thereof shall have the power to compel the attendance of witnesses residing in the Town of Baldwin. Judgment must be in writing. Sec. 74. Be it further enacted by the authority aforesaid, That any person convicted before the mayor or other presiding officer of said town, sitting as a police court, may enter an appeal from the judgment of said court to the council of said town; Provided, the appeal be entered within twenty-four hours; and, provided, that all cost be paid and bond with good security be given, payable to mayor and council of said town, to abide the judgment of said council, and person convicted on such an appeal by the council may have the right of certiorari to the superior court of Habersham County from such decision and judgment of which certiorari shall proceed under the provisions of the laws of the State of Georgia in such cases made, and provided, further, that all costs are first paid and bond given in Page 480 double the amount of the fine imposed, with good security, which bond shall be approved by the mayor or other presiding officer for the appearance of the defendant to answer final judgment of the court; Provided, that nothing in this section shall prevent the applicant for such certiorari or the appellant to the mayor and council from filing the proper pauper affidavit in lieu of the payment of cost or giving bond for cost as now required by law and this Act, and in case final judgment should be rendered in favor of defendant, the Town of Baldwin shall refund to defendant the sum he may have paid on said sentence. Appeal from judgment. Proviso. Certiorari. Bond. Pauper affidavit. Sec. 75. Be it further enacted by the authority aforesaid, That in any case where any person has deposited with said town or any officer thereof a sum of money as a bond for his appearance in said police court of a person charged with an offense, which said court has jurisdiction to try, such sum of money shall be forfeited by the owner thereof, and be paid over by said police court to the town treasurer as the property of the Town of Baldwin, in the event the party does not appear at the time appointed, for whose appearance said sum of money was deposited as a bond; Provided, that unless he shall make it appear under oath that his non-appearance was due to providential hindrance. Bond for appearance. Forfeiture of. Proviso. Sec. 76. Be it further enacted by the authority aforesaid, That when any bond is given to the mayor pro tem., marshal or other officer of said town by any person or persons charged with an offense against the ordinances of said town or arrested for such offense, for his or her appearance, after notice, then the mayor or other presiding officer in said court shall issue a scire facias against the principal and his or her security, calling on them to show cause in said court, at the time specified in said scire facias, why said bond should not be forfeited, which said scire facias shall be served by any member of the marshal's force of the town at least five days prior to the return day or trial day thereof, upon the principal and sureties personally, or in Page 481 the absence of either from the town, county or State in which said town is located, then by one newspaper publication of said scire facias five days before the return or trial term thereof. If at the return or trial term of time of said scire facias in said court no sufficient cause be shown to the contrary, judgment shall be entered upon said board by the presiding officer of said police court against said principal and his or her securities. On the entering of said judgment the town shall issue execution against the principal and surety in conformity with such judgment, and in the form and manner prescribed by execution by the town for taxes which shall be collected in the same manner as tax executions are collected as provided for in this Act. Seire facias to issue, when. Execution. Sec. 77. Be it further enacted by the authority aforesaid, That all appearance bonds given for the appearance of any person or persons who are charged with the violations of any of the ordinances of said town shall be made payable to the mayor and council of said town and in no event shall any bond be accepted by said town for an amount less than $25.00, which shall be approved by the presiding officer of said police court. Bonds payable to mayor and council. Sec. 78. Be it further enacted by the authority aforesaid, That upon every arrest and conviction it shall be the duty of the mayor or other presiding officer of said town to collect out of every person so convicted the sum of $1.00 as arresting fee of such officer making the arrest and the further sum of fifty cents as town clerk's cost for issuing warrant, subp[UNK]na and other processes and the sum of fifty cents per diem or fraction thereof for each witness who files with the town clerk his subpoena to collect said witness fee. Arresting fee; clerk's cost; witness fee. Sec. 79. Be it further enacted by the authority aforesaid, That persons sentenced to labor by said police court shall be turned over to the superintendent of streets, chairman of the street committee or other officer in charge of the streets and public works to be put to work on said streets or public works in and around said town, that the Page 482 said mayor and council shall in their discretion order any person shackled either singly or doubly; to confine them or such person during the night or other times that no work is carried on while said sentence is in force. City prisoners to work on streets. Sec. 80. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to provide by ordinance for the charge and collection of all items of cost in cases brought into said court such as are incident and lawfully chargeable to the prosecution of such cases as may be heard and determined in the police court or before the mayor and council, all cost to be paid into the town treasury as fines and forfeitures and where no specified fee or item of cost is specified for any particular item by this Act. Then the mayor and council shall provide and specify the amount by proper ordinance and upon failure or refusal of any person to pay any fine or costs imposed by the mayor and council or the police court, the same shall be enforced and collected by execution as town taxes are collected. Charge and collection of court costs. Sec. 81. Be it further enacted by the authority aforesaid, That it shall be lawful for the marshal or his deputy of said town to arrest, with or without a warrant, subject, however, to the provisions of the Penal Code of Georgia of 1910, any person or persons within the corporate limits of said town or within the police jurisdiction authorized by this Act, who at the time of said arrest or before that time have been guilty of violating any ordinances of said town or State criminal law, and which may be done upon the information of any one or more citizens, and to hold such person or persons until a warrant is issued, and until a hearing of the matter before a proper officer of said town or any other officer having jurisdiction to try the same can be had and to this and said arresting officer of said town are authorized to imprison and confine any person arrested by them in the town prison or Habersham or Banks County's jail until a warrant is issued as provided for herein and passed on by the presiding officer of said police Page 483 court. Said officers are authorized to the same extent as the officers of this State to execute warrants placed in their hands charging any person with violation of any criminal laws of this State that are now given to sheriff of this State with reference to the pursuit, arrest and detention of persons charged with crime. The said officers shall be further governed in making such arrest by the provisions of Section 31 of this Act as to marshal's duties. Powers and duties of marshal. Sec. 82. Be it further enacted by the authority aforesaid, That there may be a board of health for said town, to consist of the three members composing the sanitary committee of said town and two other citizens of said town who shall be elected or appointed by the mayor and council by a majority vote and they shall hold office for one year and until their successors are appointed and qualified. Board of health. Sec. 83. Be it further enacted by the authority aforesaid, That the Mayor and Council of the Town of Baldwin shall have the power to condemn all unsafe or dangerous structures in said town and remove or cause the same to be moved at the expense of the owner after due notice to him to remove the same, and the expenses incurred by said mayor and council in removing said dangerous structures shall be enforced by execution, levy and sale; in addition thereto the person may be tried for having and keeping such dangerous structure, and upon conviction may be punished as prescribed by the ordinance of said town, that said mayor and council shall have a right to condemn any dwelling or mercantile structure, any closet, stable or other building or structure within said town or within the sanitary limits as hereinafter provided in this Act that shall be infected, contaminated or contain any infectious or contagious diseases or germs and bacteria of such diseases, by tearing down, dynamiting or by fire any such building which shall be necessary for the preservation of such infections and contagions from being communicated, transmitted or being in any other manner placed or carried Page 484 so as to subject any person within said town to such disease or diseases; Provided, that no building shall be condemned, except on the recommendation of the town board of health, if no board of health, then upon recommendation of a physician and upon a vote of four-fifths of the mayor and council of said town; provided, further, that said building or buildings shall be condemned in such manner as is provided by the Code of the State of Georgia of 1910, Sections 5206 to 5246, inclusive, which several sections shall constitute under this Act the procedure by which said condemnation shall be had; provided, further, that said mayor and council of said town shall be liable to other property owners for any damage they may sustain by reason of such destruction of such condemned house and in the event that said mayor and council and such property owner as aforesaid can not agree they shall arbitrate the matter as provided for in the aforesaid condemnation proceedings; provided, further, that nothing in this Act shall be so construed as to deprive the owner of the actual value of his property so taken or used. Power to condemn and remove unsafe structures. Proviso. Code sections cited. Sec. 84. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to establish such quarantine regulations against persons who have been exposed to contagious or infectious diseases; and they are hereby given the authority to pass any such ordinances, rules or regulations as they may deem proper to enforce any quarantine regulation for the protection of said Town of Baldwin, its citizens or any other person therein; and for this purpose their jurisdiction shall extend two miles in every direction beyond the town limits with the right to police such territory whenever the health of the citizens of said town or territory embraced there shall make it necessary to do so. Quarantine regulations. Sec. 85. Be it further enacted by the authority aforesaid, That the Mayor and Council of the Town of Baldwin shall have the right and power and authority to declare what shall be a nuisance and to provide punishment of persons Page 485 who may create or continue a nuisance; they shall have power to abate any nuisance within said town as provided for in the Code of the State of Georgia of 1910, Section 5331, and the other general laws of the State governing nuisances in towns and that in the event any building or structure should become a nuisance the mayor and council may order the same abated and removed by said owner and unless the same is done within a reasonable time the mayor and council shall proceed to have the same removed and abated by the provisions of Sections 5329, 5330 and 5331 and 5332 of the Code of Georgia of 1910. Nuisances; punishment therefor. Sec. 86. Be it further enacted by the authority aforesaid, That the said mayor and council shall have full power and authority to establish and maintain a fire limit in their discretion, and it shall be unlawful for any person or persons to erect other than buildings or other structures, except those built of stone, brick or concrete or other material which is not subject to fire nor shall there be any other building or part thereof covered with shingles or any other kind of wood within said limits. Fire limits. Sec. 87. Be it further enacted by the authority aforesaid, That said mayor and council may have full power and authority to compel by ordinance each person or persons about to build or cause to be built any house of any description, or other structure to first secure a permit in such manner as may be prescribed by the mayor and council by ordinance, and a failure on the part of one person or persons to comply with such ordinance as may be passed under the authority granted in this section shall be liable to the penalties prescribed by said ordinance. Building permits. Sec. 88. Be it further enacted by the authority aforesaid, That the Mayor and Council of said Town of Baldwin shall have full power and authority to condemn land for the purpose of opening streets, alleys, sidewalks and other public passways for said town or for the purpose of laying out new streets, alleys, sidewalks or other public passways for said town, or for the purpose of widening, straightening Page 486 or otherwise changing or altering any street, alley, sidewalk or other public passway in the Town of Baldwin. If the owner, his agent or attorney of the land through which said new street, alley, sidewalk or other public passway is proposed to be opened, straightened, altered or otherwise changed or altered, claims that the owner shall be damaged thereby, and if the owner of the land, his agent or attorney, and the mayor and council are not able to agree as to the amount of damages that will be done the owner of the land by the opening of said public passway, then said mayor and council shall proceed to condemn and arbitrate said matter. Condemnation of land. Sec. 89. Be it further enacted by the authority aforesaid, That when said mayor and council shall desire to condemn any property for municipal purposes within or without said town they shall cause to be served by the marshal of said town or the owner thereof, his agent or attorney, a notice of their intention to condemn such land and that said proceeding shall be had under and by virtue of Sections 5206 to 5246, inclusive, of the Code of Georgia of 1910, which sections shall comprise the method and proceeding and said sections are hereby made a part of this Act and charter. Notice of condemnation proceedings. Sec. 90. Be it further enacted by the authority aforesaid, That said mayor and council of said town shall have full power and authority to regulate traffic and sales upon its public streets; to regulate the speed of trains, street cars, locomotives, motorcycles, automobiles, wagons, buggies or any other kind of vehicle or device for transportation or other purpose; to prevent fast driving of any animal or other propelling power through or on the streets within said town; that the said mayor and council shall have power to either lay off, vacate, close, alter, pave, curb, and keep in good order and repair roads, streets, alleys, thoroughfares, sidewalks, crosswalks, driveways, drains and gutters for the use of the public or for any citizen thereof; to improve and light the same, and have Page 487 them kept free from obstruction under or above them; to regulate the width thereof; to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and put in good order, free and clear of obstruction by the owner and occupants thereof, or of the real property adjacent thereto; they shall have the further right to grade, pave, macadamize, curb or otherwise improve for travel or drainage any of the streets, alleys or ways of said town, or to regrade, repave, recurb, re-macadamize or repair the same with right to pay for such improvements out of the taxes of said town as provided by the laws of Georgia or to assess one-half of the total cost of such improvements against the owners of the property abutting on each of the streets, alleys or ways so improved, according to the frontage of each owner thereof, and to require any railroad or street railroad company having or which may hereafter have track running through or across the streets, alleys or ways of said town, so improved, to macadamize or otherwise pave or improve as the mayor and council may direct, the width of their said tracks and two feet on each side thereof, and to require such companies to repair or repave their aforesaid portions as the mayor and council may direct; in the event any such company or companies fail or refuse to comply with said requirements, the town may have same done and the expense thereof shall be assessed against said company or companies and enforced and collected by an execution, levy and sale as town taxes are collected, as provided by this Act. Regulation of traffic. Streets; general powers. Sec. 91. Be it further enacted by the authority aforesaid, That said Mayor and Council of the said Town of Baldwin shall have full power and authority to order, demand and require the owner of any real estate, his agent or tenant in possession of such property, to grade, pave and otherwise keep in good order and condition the sidewalks abutting on their real estate in the Town of Baldwin, and said mayor and council shall have full power and authority to have all sidewalks made uniform and to order the same paved or made from just such materials as they Page 488 may order and just such widths and thickness, styles or shapes as said mayor and council may order; Provided, the said mayor and council caused to be served by the town marshal or other officer upon said owner of real estate, his agent, attorney at law or tenant in possession, if to be found in the County of Habersham or Banks or notice directed to such owner, specifying and describing the sidewalk to be constructed or improved and the way to be improved and the material to be used in improving the same, and if the said owner of real estate does not within thirty days from the date of service of said notice or from the date of the entry of the marshal or other officer of search for said owner, his agent, attorney at law or tenant in possession in the County of Habersham or Banks shall fail to commence to comply with such order and the terms of the notice, then, in that event, the said mayor and council by this Act have full power and authority to have said sidewalks built, constructed and improved and to collect the expense thereof from such real estate owner, and in the event the same is not paid within thirty days after the completion of the work, and demand has been made on the said owner, if to be found in the County of Habersham or Banks, and if not to be found in the County of Habersham or Banks, then without demand. Sidewalks; liability of owners of property. Notice to. Sec. 92. Be it further enacted by the authority aforesaid, That the mayor and council shall, in order to collect for the above improvements specified in the foregoing section when done by the town, shall order the clerk of the council to issue an execution against said real estate or against said owner and the said real estate in the name of the Town of Baldwin and in its favor for the full amount of such expense and cost, and such execution shall be a lien on the real estate abutting on said sidewalks so improved and said lien shall date from the commencement of the work on said sidewalks and shall be superior to all liens for taxes except those due the State and county, until the same is fully paid and the real estate so improved shall be subject to be levied upon and sold by the town Page 489 marshal at Baldwin after advertising as sheriff's sales are annually advertised in the County of Habersham or Banks and be sold, and said sale shall operate to convey the title to said real estate to the purchaser as completely and absolutely as the conveyance of the owner would or could and said officer shall execute a deed to the purchaser in accordance with his bid. Collection by execution. Sec. 93. Be it further enacted by the authority aforesaid, That the Mayor and Council of Baldwin shall have full power and authority to borrow money, to contract for the loan of money or temporary loans to meet casual deficiencies, which contract shall aid the Town of Baldwin for the payment of the same subject to the restriction of the Constitution of the State of Georgia in Code of Georgia of 1910. Loans. Sec. 94. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to buy acreage and establish a park within said town, and to maintain the same and pay for the same out of the taxes and revenues of said town, provided it shall be done in accordance with the general laws of said State and the provisions of this Act. Park. Sec. 95. Be it further enacted by the authority aforesaid, That all matters pending before the mayor and council shall upon a majority vote of the respective bodies be considered as passed unless it is provided otherwise in this Act, and any ordinances, resolution or other question pending before either of the aforesaid bodies failing to get the requisite number of votes shall stand affirmed, or as it were if no vote had been taken before such respective body. Matters passed by majority vote. Sec. 96. Be it further enacted by the authority aforesaid, That the Mayor and Council of the Town of Baldwin shall in addition to the powers hereinbefore granted have the right, power and authority as follows: (a) To grant franchises, permits, easements and right of way in, on and Page 490 under the streets, alleys, lanes, sidewalks, parks or other property of the town upon such terms, reservations and conditions as the mayor and council may fix; Provided, however, that same shall not be granted for a longer term than twenty years, and not without compensation to the town; and, provided, further, that the application therefor shall be published, at the expense of the applicant, thirty days in a newspaper of said town prior to action thereon by the mayor and council; and, provided, further, that no such franchise shall be granted until said application shall have received a majority vote at the regular meetings of the mayor and council; (b) In order to guard against danger of damage by fire, said town shall have the power to regulate and control blacksmith shops, forges, stoves and chimneys, and to cause same to be moved or remedied as safety may dictate, to create fire limits and prescribe the materials out of which buildings shall be constructed therein; to regulate the construction of doors, exits and steps in places of public gathering and may require the erection of fire escapes in all buildings not private residences three or more stories in height; (c) 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 regulations of stock and other animals within the town, and to require the owner or keeper of any dog or dogs to muzzle the same in such manner as mayor and council may prescribe, whether said dogs are upon the streets and other thoroughfares of said town or upon the private property of the owner of such dog; (d) To regulate and control all hotels and public houses within the town and to revoke the license of the same in case they should become disorderly; (e) To regulate the construction, maintenance and repair of conduits, pipes, wires, poles, plants and all other equipment used or to be used for lighting, heating, telephone or telegraphic purposes, or for the generation, conveyance or application of electricity, gas or heat; (f) To compel any person, firm or corporation having or maintaining telegraph, telephone or electric light Page 491 poles, previously erected or which may hereafter be erected on the street or sidewalk to remove the same to any place designated by the mayor and council, through the street committee, and in case of failure to do so within reasonable time, to be judged by the mayor and council to have the same done and to assess the cost thereof against the person, firm or corporation, and execution shall issue for the cost thereof against such owner, firm or corporation or agent to be collected as other execution issued by the clerk; (g) To protect places of divine worship in said town, to regulate the opening of stores, soda founts, drug stores and other places wherein things are bartered and sold, and to prescribe whether the same shall be open on Sunday and if so the hours; (h) The Mayor and Council of the Town of Baldwin shall have the power and authority to construct, maintain, operate, repair and extend any system of waterworks, electric lighting plant, ice factory or sewerage of said town that may now be owned or hereafter owned by said town, to erect, maintain and operate public hydrants, fire plugs, poles, wires, waterworks, ice factories, electric lights within the town limits and without if they should deem to the best interest of said town; to supply the town with lights, water for fire purposes as may be necessary; also for flushing sewers, sprinkling streets and for all other purposes as may be prescribed by ordinance. They shall regulate and provide for the private use of water and lights and ice and place of payment therefor, and in default of payment for water, light or ice they may shut them off and keep the same shut off until the arrears are fully paid. If it becomes necessary to enforce payment the town clerk shall issue execution for the amount due for lights, water or ice which shall be levied and collected as other executions. The mayor and council may expend so much of the income of each of these plants as may be necessary for the maintenance and operation of the same and for repairing and extending the same, and the surplus, if any, shall be expended as the mayor and council may direct. The mayor and council shall elect a superintendent Page 492 and from time to time shall appoint such other agents and servants as may be necessary to operate said plant and prescribe their salaries or fees. They may remove any person whom they have elected or appointed at any time, without assigning any cause therefor. The mayor and council shall elect a collector for their body who shall be the collector or all bills and demands of every sort in connection with the said waterworks and sewerage system and also electric lighting system and ice plant, who shall give bond in some solvent surety company approved by the mayor and council; shall prescribe for the faithful discharge of his duties, for the prompt payment of all money that he may collect to the town treasurer, which bond shall be made payable to the Town of Baldwin. The mayor and council shall make such rules and regulations for the government of their servants and employees, and for the distribution and use of the products of said plants as they may deem proper but shall not make contract for water, lights or ice for a longer period than one year, nor shall they by contract limit or restrain their own power, nor their successors, to make such contracts with other persons to modify or discontinue such as they may make whenever in their judgment it is best to do so. The mayor and council may make such ordinances and by-laws for the protection of said system or as they may deem proper and any person violating any one or more of said ordinances shall be tried in the police court and on conviction shall be punished as for a violation of other town ordinances. Additional powers. Clerk shall issue execution. Expenditures, repairs. Collector, to give bond. Rules, etc. Sec. 97. Be it further enacted by the authority aforesaid, That when any execution or fi. fa. provided for in any of the several sections of this Act shall issue illegally or shall be proceeding illegally, such person, firm or corporation against whom said fi. fa. or execution is proceeding shall, if he desires to do so, file an illegality with the levying officer to such fi. fa. in writing and otherwise attach such fi. fa. or execution in the same manner as is provided for in the Code of the State of Georgia of 1910, Sections Page 493 5305, 5306, 5307, 5308, 5309, 5310 and 5311, and the other general laws of said State, and that said illegality shall be returned by the levying officer for trial to the justice court or notary public court that is held in the Town of Baldwin or the town court or superior court of Habersham County, the one having jurisdiction as the case may be, and the procedure under the general laws of said State shall be in the same manner as if the execution or fi. fa. had been issued by any one of the above courts. Illegalities. Sec. 98. Be it further enacted by the authority aforesaid, That when any execution or fi. fa. provided for in any of the several sections of this Act shall be claimed by a person not a party to the execution, such person, firm or corporation shall interpose a claim thereto with the levying officer under the rules, restrictions and regulations that govern claim cases in the courts of this State, unless otherwise provided for herein, and such claim shall be returned for trial to the justice's court or notary public's court that is held in said Town of Baldwin or the town court or the superior court of Habersham County, the one having jurisdiction as the case may be, and the procedure under the general laws of said State shall be in the same manner as if the execution or fi. fa. had been issued by any one of the said courts. Claim cases. Sec. 99. Be it further enacted by the authority aforesaid, That the rules of practice in the police court, so far as practicable, shall be the same as the rules of practice in the superior courts of this State, and that all persons placed on trial in the police court shall have opportunities to employ counsel if they so desire. Rules of practice. Sec. 100. Be it further enacted by the authority aforesaid, That all Acts heretofore approved by the General Assembly relating to the Town of Baldwin, except that specified in the preceding section and such part or parts of such other subsequent Acts as may not be in conflict with Page 494 this Act be and they are hereby continued in operation, confirmed and consolidated with and made a part of this Act. Sec. 101. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1923. BARNESVILLE, CITY OF; INCREASE IN TAX RATE. No. 148. An Act to amend the Act entitled An Act to confer additional powers upon the corporate authorities of the Town of Barnesville, in the County of Pike, approved December 11, 1871; to increase the maximum tax levy of the City of Barnesville from one per centum to twelve and one-half mills. 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 entitled An Act to confer additional powers upon the corporate authorities of the Town of Barnesville, in the County of Pike, approved December 11, 1871, be and the same is amended as follows, to wit: Act of 1871 amended. Sec. 2. Be it further enacted, That the words, provided such tax shall not exceed one per centum be and the same are hereby stricken from Section 10 of said Act and the following words are hereby substituted for them, to wit: provided such tax shall not exceed twelve and onehalf mills, so that said section when so amended shall read as follows: That said mayor and council shall have power to levy such tax as in their judgment shall be necessary upon all property, both real and personal, within the limits of said town, provided, such tax shall not exceed twelve and one-half mills. Amending language. Section 10 to read. Page 495 Sec. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the said authorities of the City of Barnesville shall have the power and authority to levy and collect taxes to the maximum amount provided in this Act. Taxing powers. 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 1, 1923. BARNESVILLE SCHOOL TAX. No. 149. An Act to amend an Act creating a public school system for the City of Barnesville, approved August 22, 1907; to provide for the collection of a tax of five mills ad valorem for school 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 creating the public school system of the City of Barnesville, approved August 22, 1907, be and the same is hereby amended as follows, to wit: Act of 1907 amended. Sec. 2. Be it further enacted, That the following language in Section 9 of said Act be and the same is hereby stricken from said section: That said city and its mayor and council shall maintain said system of public schools and provide funds and revenues for that purpose (in addition to those derived from the State and county and other sources) in the following manner, to wit: At or before the beginning of each scholastic year said board of trustees shall furnish to said mayor and council a written estimate of the funds necessary for the support and maintenance of said school system for the ensuing year, including expenses to be incurred for erecting buildings and providing Page 496 suitable equipments, furniture, repairs, etc., whereupon said mayor and council are hereby authorized and empowered, and it shall be their duty to raise the necessary funds required by said estimate, for the support and maintenance of said schools, by the assessment and levy of a special annual ad valorem tax upon all taxable property of said city, not to exceed one-half of one per cent. upon the assessed value thereof; Provided, that the said special tax and the rate assessed by the mayor and council for all other purposes, shall not, in the aggregate, exceed the maximum rate of one per centum as it now stands in the charter. The funds thus raised by said special tax, which is not to exceed one-half of one per cent. as aforesaid, shall be known as the `School Tax,' and shall be paid over quarterly by the mayor and council to said board of trustees, to be used only for school purposes as aforesaid; and the following language is substituted for the above language stricken therefrom: That said city and its mayor and council shall maintain said system of public schools and provide funds and revenue for that purpose (in addition to those derived from the State and county and other sources) in the following manner, to wit: Said mayor and council are hereby authorized and empowered and it shall be their duty to raise the necessary funds for the support and maintenance of said schools, by the assessment and levy of a special annual ad valorem tax upon all the taxable property of said city of five mills upon the assessed value thereof. The funds thus raised by said special tax as aforesaid shall be known as the `School Tax' and shall be paid over quarterly by the mayor and council to said board of trustees to be used only for school purposes, so that said section when so amended shall read as follows: Be it further enacted, That said city and its mayor and council shall maintain said system of public schools and provide funds and revenue for that purpose (in addition to those derived from the State and county and other sources) in the following manner, to wit: said mayor and council are hereby authorized and empowered and it shall Page 497 be their duty to raise the necessary funds for the support and maintenance of said schools, by the assessment and levy of a special annual ad valorem tax upon all the taxable property of said city of five mills upon the assessed value thereof. The funds thus raised by said special tax as aforesaid shall be known as the `School Tax' and shall be paid over quarterly by the mayor and council to said board of trustees to be used only for school purposes. Section 9 amended. Amending language. Section 9 to read. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 2, 1923. BELMONT, TOWN OF; PUBLIC SCHOOLS AND BOARD OF EDUCATION. No. 132. An Act to amend an Act entitled An Act to incorporate the Town of Belmont in the County of Hall, approved July 27th, 1915, so as to authorize the mayor and council of said town to provide for the establishment in said town of a system of public schools and to create a board of education in said town to administer the public school system of said town, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Mayor and Council of the Town of Belmont shall have the power and authority to provide for the establishment in said town of a system of public schools and shall have the power and authority to levy and collect such ad valorem tax upon all property in said town subject to taxation, as will be sufficient when added to the sum received from the State common school fund and such other educational fund as may come into the hands of said mayor Page 498 and council to support and maintain said public schools for nine scholastic months in each year; Provided, that said special school tax shall not exceed one-half of one per centum per annum upon said taxable property. Public school system established. Ad valorem tax. Proviso. Sec. 2. Be it further enacted, That a board of education is hereby created for the Town of Belmont and said board of education shall consist of three members to be elected by the mayor and council of said town, one member of said board of education to serve for a term of one year, one member to serve for a term of two years and one member to serve for a term of three years; the election of such board of education to be held immediately after the passage of this Act. Board of education; members; terms. Election. Sec. 3. Be it further enacted, That such board of education shall devote such time to their work as the efficient performance of their duties may require, each of them to serve without compensation, and each shall take and subscribe an oath to faithfully perform the duties devolving upon him. Duties. No compensation. Oath. Sec. 4. Be it further enacted, That said board of education shall have the power and authority to select and employ the teachers for said schools. Teachers. Sec. 5. Be it further enacted, That said board shall have the power and authority to recommend to the mayor and council of said town the erection of school buildings, the repairing of the same, and upon authority granted by said mayor and council said board shall erect or repair such buildings. School buildings. Sec. 6. Be it further enacted, That the board of education shall each month present to the mayor and council a pay roll and an itemized statement of expenses approved by the superintendent of the schools of said town and when the same has been approved by the mayor and council then the clerk of said town shall issue warrants for same which shall be approved by the mayor. Pay roll and expenses. Warrants. Page 499 Sec. 7. Be it further enacted, That such board shall at such time as shall be designated by the mayor and council submit to them an estimate of the amount required for the maintenance of said schools for the school year to aid said mayor and council in their annual levy of taxes. Estimate of maintenance. Sec. 8. Be it further enacted that any member of said board may be removed at any time for inefficiency, neglect of duty or misconduct in office, removal to be by mayor and council. Removal for inefficiency, etc. Sec. 9. Be it further enacted, That the State School Commissioner shall pay to the mayor and council of said town, through the County School Commissioner of Hall County, the pro rata share of the State and county school funds to which said town is entitled. County school funds. Sec. 10. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1923. BLACKSHEAR, CITY OF; REGISTRATION OF VOTERS. No. 266. An Act to amend an Act entitled An Act to create and incorporate the City of Blackshear in the County of Pierce, and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes; to declare and define the police Page 500 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 the State of Georgia, and it is hereby enacted by authority of the same, That the Act creating and incorporating the City of Blackshear, approved August 15th, 1911, as contained in the Acts of 1911, pages 734 to 782, inclusive, be, and the same is hereby amended and supplemented as follows, to wit: Act of 1911 amended. Section 1. That immediately after the passage and approval of this Act, the Mayor and Aldermen of the City of Blackshear shall provide for the registration of the qualified voters of said city for any and all elections which may be held in said City of Blackshear during the remainder of the year 1923 and for the annual registration thereafter of all qualified voters for any and all elections to be held in said City of Blackshear. They shall have power and authority to pass all necessary ordinances and adopt all needful rules and regulations in regard to said registration and to require that no person shall be permitted to vote unless registered in accordance therewith. They shall have the further power and authority to fix suitable penalties or punishment for the violation of any ordinance, rule or regulation, or parts of the same, passed or adopted by council in making provision for such registration. Registration of voters; regulations. Sec. 2. That to entitle a person to register and vote at any election in the City of Blackshear, he shall be qualified to vote for representative in the General Assembly from Pierce County, and shall have paid all taxes, licenses and fines imposed and demanded by the authorities of the City of Blackshear, including street tax, except ad valorem taxes for the year in which the election occurs, and shall have resided three months within the corporate limits of the City of Blackshear. Qualifications of voter. Page 501 Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1923. BLUFFTON CHARTER AMENDED. No. 106. An Act to amend an Act to amend the charter of the Town of Bluffton in the County of Clay, and for other purposes, approved December 18, 1901, by striking from Section 18 of said Act the present boundaries of the Bluffton school district and inserting other boundaries. 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 amend the charter of the Town of Bluffton in the County of Clay, and for other purposes, be amended as follows: That all that part of Section 18 of said Act after the word boundaries in the thirty-ninth line of said section including the word Georgia in the fifty-third line of said Section 18 be stricken and the following boundaries be inserted in lieu of the boundaries set out and mentioned in lines forty to fifty-three of said section: Commencing at a point on the east line of lot of land numbered 340 in the fourth land district of Clay County, Georgia, midway between the northeast and southeast corners of said lot numbered 340 and running due west through lots 340, 367, 380 and 407 of said fourth land district to the west line of said lot 407; thence south to the southwest corner of lot of land numbered 7 in the fifth land district of said County of Clay; thence west along the southern boundary of lots numbered seven and thirty-four to the southeast corner of lot of land numbered 47, thence north to the northeast corner of said lot 47; thence west to the southeast corner of lot numbered 75; thence north to the northeast corner of lot numbered 76; thence west to the northwest corner Page 502 of said lot numbered 76; thence south to the southwest corner of lot 76; thence west to the northwest corner of lot 126; thence south to the southwest corner of lot 128; thence west to the northwest corner of lot 249; thence due south to the southwest corner of lot 253; thence due east along the southern boundary of lots 253, 228, 213, 188, 173, 148, 133, 108, 93, 68, 53, 28 and 13 in the fifth land district of said County of Clay; thence along the southern boundaries of lots 401, 386 and 361 in the fourth land district of said County of Clay; thence north along the east boundaries of lots 361, south half of 362, 345, 344, 343, 342, 341 and to the midway point of the east line of 340 the point of beginning. Act of 1901 amended. Boundaries. All laws and parts of laws in conflict with this amendment are hereby repealed. Approved August 18, 1923. BLUFFTON TERRITORIAL LIMITS REDUCED. No. 56. An Act to amend an Act approved October 24, 1887, which was an Act incorporating the Town of Bluffton, in the County of Clay so as to reduce the territorial limits of said Town of Bluffton. Section 1. Be, and it is hereby enacted by the General Assembly of Georgia, That after the passage of this Act, that an Act approved October 24, 1887, which was an Act incorporating the Town of Bluffton in the County of Clay, is hereby amended to reduce the corporate limits of the said Town of Bluffton in the following manner, viz: The corporate limits of the Town of Bluffton shall embrace lots of land numbered 31 and 32 and the east half of lot Page 503 numbered 51 and the east half of lot numbered 52, in the fifth district of said County of Clay, taking from said corporate limits the west half of lots numbered 51 and 52. Act of 1887 amended. Corporate limits. Sec. 2. That all laws and parts of laws in conflict herewith are hereby expressly repealed. Approved August 4, 1923. BOSTON, CITY OF; PUBLIC IMPROVEMENTS AND BONDS. No. 72. An Act to amend an Act establishing a new charter for the City of Boston, approved August 2, 1921, so as to authorize the mayor and council of said city to pave and permanently improve, with stone, brick, concrete or with such other substances or material as they may deem best, any of the streets and sidewalks of said city, and to assess and collect from the owners of properties fronting on said streets and sidewalks, equally and ratably, according to their respective frontals, two-thirds of the cost of such paving and improvement, and in addition thereto, to assess and collect from any railroad company the cost of paving and improving so much of said streets and sidewalks as is occupied by their rights of way; to provide when and how all assessments are to be made and when and how they may be paid and collected; to provide for statements of the cost of such paving and improvement to all property owners who are affected, and when and how executions may issue; and to further provide for the issuance of bonds for any municipal purpose by the City of Boston. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Mayor and Council of the City of Page 504 Boston are hereby authorized and empowered to improve the streets, avenues, public alleys and other places in said city by paving, repaving, curbing, guttering and draining the same, including the installation of man-holes, catch-basins, and the necessary draining pipes whenever in their discretion the public good may require it, with such form of improvement as to them may seem proper, and assess two-thirds of the cost thereof upon abutting property owners;. Provided, that any railroad company having tracks in any streets or public place, or portion thereof paved, repaved or otherwise improved under this amendment, shall be required to pay the whole cost of paving, repaving or otherwise improving the street, avenue, public place or alley, part of street or public place so improved, for the full width of the right of way of such railroad company. Power to improve streets. Owners pay two-thirds of cost. Proviso. (a) After the passage of an ordinance providing for the improvements hereinbefore set out, all property owners to be assessed for the cost of said improvement who do not, within fifteen days thereafter, commence legal proceedings to prevent said assessment being made, shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment hereinafter provided for may be made. Thereupon it shall be the duty of the mayor and council to forthwith cause said improvement to be made in an ordinance with the plans and specifications prepared. In order to make effective the power and authority above given and to provide funds therefor, the said mayor and council shall have full power and authority to assess two-thirds of the cost of paving the sidewalks and placing curbing by the same against the real estate abutting on the sidewalks, but only on the side of the street on which same is improved, if on one side only. Said mayor and council shall have full power to assess one-third of the cost of paving or otherwise permanently improving any roadway or street proper on the real estate abutting on one side of the street so improved, and one-third of the cost on the real estate abutting on the other Page 505 side of the street so improved; the real estate abutting on both sides of the street not together to be assessed more than two-thirds of the cost. In computing the cost of said paving and improvement one street intersection shall be counted with each block. The mayor and council shall have authority to pave or otherwise improve the whole surface of any street, sidewalk or alley of said city without giving any property holder or occupant on the street the option to have the space to be paved or otherwise improved by themselves or by a contract at his or its instance, the object being to prevent delay and secure uniformity. Property owners to be assessed. General provisions. (b) When the mayor and council order any street, sidewalk or alley in said city paved or otherwise permanently improved, upon which any public property abuts, then, and in that event, the city council is hereby expressly authorized to assess the cost of paving or otherwise permanently improving the said street, sidewalks or alley, upon which said public property abuts, against the said public property in the same manner and for the same amount only, as the city council are herein authorized to assess the cost of paving or otherwise improving any street, sidewalk or alley, upon which private property abuts against the abutting private property, the said public property to be assessed no more in proportion for said paving or other permanent improvements than private property is herein liable to be assessed. Assessments. (c) Upon the completion of the improvements contemplated in the foregoing sections and paragraph the assessing ordinance shall assess a lien to date back to the approval of the original ordinance or resolution and declare the same. Lien. (d) Upon completion of the work and the levying of the assessment as above set out, the entire amount of the assessment shall be at once due and payable by the property owners, but if so desired the property owners shall have the right to pay the assessment so levied against them Page 506 for the cost of such improvements in ten installments, which shall be paid as follows: One-tenth upon the completion of the work, and passage of ordinance levying assessment for cost, and acceptance thereof by the city, and the remaining nine-tenths in annual installments maturing respectively one to nine years after the date of approval of the ordinance assessing cost; such deferred payments to bear interest from date until paid at the rate of not exceeding seven per cent. per annum, payable annually. The benefit of the payment by installments may be taken advantage of by any such property owner by giving notes for the deferred payments as herein provided at the time of making the cash payment. Payment of. (e) In the event any property owner shall desire to pay the balance due under such assessment after exercising the option to pay in installments as herein provided for at any time before the maturity of such installments such party so wishing and offering to pay shall pay the principal and interest due to date of payment. Sec. 2. The work done under this provision of this charter amendment shall be guaranteed by the contractor for not less than five years from the date of the completion thereof, if done by contract. Work guaranteed. Sec. 3. The City of Boston may receive bids for the work to be done under the provisions of this charter amendment, and it may provide that the contractors bidding to do said work shall be paid by a transfer of a sufficient amount of the assessments, liens, bills, notes of property owner, etc., to satisfy two-thirds of the amount bid or any other percentage thereof, when the contract shall have been completed and the work accepted. The property owners may, when they elect to pay for said work in installments, rather than in cash, be required to give notes for the remaining unpaid amount due on such payment, which said notes shall be given in equal amounts, but in no event to Page 507 exceed nine, same to mature annually, and the provisions for same being paid on or before maturity as set out herein. Bids received. Sec. 4. The City of Boston reserves to itself, however, the right, if it should see fit to do the said improvement work itself or to ask for bids for doing such improvement work by contractors for cash, and ask at the same time such local institutions or such persons as may desire to purchase the assessments, liens, bills, notes of property owners, etc., to submit bids for the purchase thereof, and should the city so desire it may transfer such assessments, liens, bills, notes, etc., to such party offering to buy the same, with the provision, however, that the city obligates itself no further than it would were the said assessments, liens, bills, property owner's notes, etc., transferred to the contractor himself. City may sell assessments. Proviso. Sec. 5. Authority is hereby conferred upon said city to issue certificates, certifying to the facts of the passing of such ordinances for paving, repaving or otherwise improving said streets, the letting of the contract for such work, the completion of the work under contract, and the levying of the assessments herein provided for to cover the cost thereof and that the city guarantees the validity of the assessments. Such certificates may be issued showing assessments in such sums not to exceed the total assessment against property owners for the work done, under the contract covered by such certificates, together with interest on deferred installments, or in any portion thereof, which shows a complete block or section. City may issue certificates. Sec. 6. In event any property, against which an assessment under the provisions of this amendment may have been levied shall be transferred, it may be permissible for the purchaser of said property to assume the payment of the balance due on such assessment made as herein provided; and that such transfer of title shall not have the effect of cancelling the validity of the lien against the Page 508 property, but the claim may be released as against the person so selling and attached against the person so purchasing. Transfer of property does not cancel lien. Sec. 7. The property owners against whom assessments are levied as herein provided, upon the payment of the first installment, if the holder so desired, may execute notes payable to the holders or such party as he or it may direct as trustee for the holder of such assessments, liens, bills, etc., for the remaining installments; and the giving of such notes by such property owner, or the signing of a contract to pay in installments, shall be conclusive evidence against the property owner that he is satisfied with the contract so made and the assessment so levied, and he shall be precluded from denying the validity of such ordinance for the letting of such contract, the doing of such work, the completion of same in accordance with specifications, and the levying of said assessments for said improvement. Said notes may, in the discretion of the holder of the assessments, liens, bills, etc., provide for the acceleration of the notes or series not yet due, upon default in the payment of any thereof. Owners may execute notes. Sec. 8. It is hereby made the duty of the parties against whom such assessments are levied, or the parties who are legally bound to pay the same, to make payments of such installments as the same shall fall due, or before they shall fall due, as hereinbefore provided, to pay the same to the holder of the assessments, liens, bills, etc., or to the city in cases where the bill is deposited with it, which, in that event, shall hold and dispose of such moneys as part of its street improvement fund. The city shall allow the use of its machinery of government for the collection of all of said assessments for the purpose of paying same as hereinbefore set forth or provided by law. Payments of assessments. Collection of. Sec. 9. It is expressly intended by this amendment to confer upon the City of Boston, acting through its mayor and council, or such other legislative and administrative Page 509 body as may succeed the mayor and council, power to order the paving, repaving, or improvement of any streets, public alleys or public places in said city as above provided, whenever in its discretion the same may be necessary, and whenever it shall provide the sum of one-third the total cost of such work, and to assess two-thirds the total cost of such work in accordance with the provisions hereof against abutting property owners. To order pavement. Cost of. Sec. 10. The passage of the ordinance for paving, repaving or otherwise improving a street, or part of street, public alley or other place in said city, together with the ordinance assessing the cost of same, and asserting liens against property abutting thereon, shall, when properly entered on the minutes of the council, be notice of such lien, from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on docket of the superior court under the general registration law. Notice of lien. Sec. 11. Whenever a majority in frontage of the owners of real estate fronting on any street in the city connecting with, abutting on or in being a continuation of a street which has been paved or otherwise improved, in the manner contemplated in this Act, beginning at the point where paving ends at that time, shall petition in writing the mayor and alderman of the city to have the said street or streets paved, or paved and curbed, the sidewalks to be paved or paved and curbed, or streets and sidewalks paved and curbed, said mayor and aldermen shall comply with said petition and assess two-thirds of the total cost thereof against the abutting property owners in the manner here-inbefore provided, the city paying one-third of the cost thereof, and the property owners being allowed to pay their proportionate part in ten annual installments; Provided, however, that said work shall not be done unless the City of Boston has in its treasury funds not subject to any other present demand, sufficient to pay the proportion of Page 510 cost improvement to be borne by the city, or unless a bond issue for said purpose shall be authorized in an election which the mayor and aldermen are required by this Act to call therefor. Majority shall petition. Proviso. Sec. 12. This Act is intended to provide a complete method for improving streets in the City of Boston, all Acts and parts of Acts inconsistent with the provisions of this amendment are hereby repealed (except that this is a cumulative right; and all Acts and parts of Acts now in force in said City of Boston, not in conflict with this Act, shall continue in full force and effect, and this Act shall be considered as additional and supplementary thereto). Inconsistent Acts repealed. Sec. 13. The mayor and council shall have authority to pass such ordinances, and do such other Acts as may be necessary to give full force and effective operation to the provisions of this amendment. Ordinances, etc. Sec. 14. The Mayor and Council of the City of Boston are hereby authorized and empowered to call by ordinance an election or elections by the qualified voters of said city, for the purpose of obtaining the assent of two-thirds of the voters taking part in said election or elections to an issuance of bonds in such amount or amounts as may be permitted under the Constitution and the laws of the State of Georgia, and at such time or times as the mayor or council may, in their discretion, prescribe for any or all of the following purposes, to wit: Election called for bonds for: 1st. For paving, oiling, macadamizing or otherwise improving for travel or use the public streets, alleys and lanes of said city; 2d. For establishing and maintaining a system of surface or storm and sanitary sewers within the city; 3d. For the extension and improvement of such electric lighting of gas plant or waterworks plant as may already be owned or may hereafter be built by the city, and for the replacing of same; Page 511 4th. For the construction of any public building, bridge, viaduct, underpass, hospital, municipal ice plants, natatorium or bathing pools, or other public works to be used exclusively for corporate purposes looking to the safety, health, and general welfare of the citizens of Boston; or for the enlargement, extension, operation or improvement of any such public buildings, bridge, hospital, municipal ice plant, natatorium, or bathing pools, waterworks, electric light plant or electric lighting facilities or other public works of the City of Boston. In the event the assent of two-thirds of the voters of the City of Boston, qualified to vote in said election or elections are obtained as provided by law, the mayor and council of the City of Boston shall have full authority and power to make all contracts necessary or incident to the expenditure of the proceeds of the sale of said bonds for the purpose and objects for which they were issued; and to enact and enforce all such ordinances, resolutions, rules and regulations for the construction, operation, maintenance, regulation and protection of said public improvements, as in their discretion they may deem fit and proper, and to enforce such ordinances and regulations by fine and imprisonment as well as by the issue and levy of execution for that purpose. It shall be the duty of the Mayor and Council of the City of Boston, calling such election or elections, to provide for submitting separately to the qualified voters of the city each question presented for ratification or rejection, so that each voter may vote for or against any or all of the purposes for which it is proposed to issue bonds; Provided, however, that the question of the issuance of bonds for any two or more purposes may be submitted at the same election. Powers. Sec. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. Page 512 BRUNSWICK CHARTER AMENDED. No. 388. An Act to amend the charter of the City of Brunswick, Georgia, and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia, That from and after the passage and approval of this Act: Section 1. The municipal corporation of said State known as the City of Brunswick shall have the power and authority to acquire, construct, own, operate, and dispose of a street railway or street railways in said city, including all necessary, proper or convenient equipment for the same, and to make such charges for the transportation of freight and passengers thereby and thereon as the corporate authorities may from time to time see fit and as may be allowed by law, with the right to extend such street railway or railways to points outside the corporate limits of said city and to operate the same along with the line or lines operated within such corporate limits, with the right to make, develop, or purchase the power necessary for the operation of such street railway or railways and with the right to appropriate the public funds of said city for the acquisition, construction or operation of such street railway or railways, and with the right to levy taxes, to borrow money and to issue bonds for such acquisition, construction and operation of such street railway or railways even though the same may be operated at a loss, just as can be now or hereafter done in reference to other subjects of municipal ownership or government. Corporate powers. Sec. 2. Said the City of Brunswick, acting by its corporate authorities, shall have the right and authority by ordinance to regulate and prescribe from time to time maximum charges for the transportation of freight or passengers by any carrier or carriers between any and all points in said city, except in such cases when exclusive Page 513 power to regulate and prescribe such rates is now or shall be hereafter vested in the Public Service Commission of Georgia. Transportation charges. Sec. 3. Section 17, of the Act of the General Assembly of 1920, entitled An Act to amend the charter of the City of Brunswick, to change the corporate name of said city, to abolish the offices of mayor and alderman 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, shall be amended by striking from said section the words every three months, and substituting therefor the words each calendar year, so that said section when amended shall read as follows: Section 17, Act of 1920, amended. Section 17 to read. Sec. 17. The books and records of said city shall be audited at least once each calendar year 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 or accountants shall be paid out of the city funds. Books to be audited. Sec. 4. All laws and parts of laws in conflict with any of the provisions of this Act are hereby repealed. Approved August 6, 1923. CARROLLTON BOARD OF EDUCATION CREATED. No. 330. An Act to amend an Act to establish a system of public schools for the City of Carrollton in Carroll County; to provide for the maintenance and support of the same; to create a board of school commissioners, and for other purposes pertaining thereto, approved November 26, 1886, and all Acts amendatory thereof, so as to abolish Page 514 said board of school commissioners and to create a board of education for said City of Carrollton, consisting of six members; to provide for their election and terms of office; to provide their qualifications; to provide for their distribution in said City of Carrollton; to define their duties, powers and liabilities; to fix the time when they shall enter upon and discharge their duties, and for other purposes pertaining thereto. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the third (3d) section of an Act to establish a system of public schools for the City of Carrollton, in the County of Carroll; to provide for the maintenance and support of the same; to create a board of school commissioners, and for other purposes pertaining thereto, approved November 26, 1886, be and the same is hereby repealed and in lieu thereof the following is inserted: A board to be known and designated as the Board of Education for Carrollton is hereby established in lieu of the Board of School Commissioners for Carrollton, who shall succeed to all rights, powers and liabilities of said Board of School Commissioners for Carrollton; all laws affecting the Board of School Commissioners for Carrollton and all rules and regulations thereof shall continue in full force and effect as to said Board of Education for Carrollton until modified or repealed by proper authority. Section 3, Act of 1886, repealed. New Section 3. The Board of Education for Carrollton shall consist of six upright, intelligent citizens of said city more than twenty-one years of age, to be chosen as follows: One from each of the four wards of the city and two from the city at large, who shall hold their offices for three years until their successors are elected and qualified, except as provided hereinafter relative to the first board. The Board of Education for Carrollton shall have perpetual succession and shall have power to take and hold property, personal and real, that they may acquire by purchase, donation or Page 515 otherwise, in trust for said City of Carrollton, with the right to sue and the liability of being sued. Board of education. Power. Sec. 2. Be it further enacted by the authority aforesaid, That in the primary and in the final election all citizens qualified to vote for mayor and city council may vote for all members of the Board of Education for Carrollton, and the tickets shall designate the persons for whom the electors are to vote, that is, for members from the several wards and for members from the city at large, and those persons receiving a majority of votes cast, or the largest plurality thereof in such elections for the respective places shall be nominated or elected to several offices as the case may be. Election for members. Sec. 3. Be it further enacted by the authority aforesaid, That the first election under this amendment shall be held on the first Saturday in October, 1923, at the time and place of the election of the mayor and city council, at which election the two members from the city at large shall be chosen for one year, the members from the first and second wards for two years and the members from the third and fourth wards for three years and until their successors are elected and qualified. Thereafter on the expiration of the respective terms two members shall be elected at the time of electing the mayor and city council for full three years terms. Election in October, 1923. Terms. Sec. 4. Be it further enacted by the authority aforesaid, That the members of the board of education chosen on the first Saturday in October, 1923, shall enter upon their duties on the next Monday thereafter, at which time all the terms of all the members of the Board of School Commissioners for Carrollton shall expire. Before entering upon their duties all members of the Board of Education for Carrollton shall take and subscribe an oath, before an officer authorized to administer oaths, to faithfully and impartially discharge the duties of their office for the best interest of the schools, which oath shall be spread upon the minutes of the board. Enter upon duties; when. Oath. Page 516 Sec. 5. Be it further enacted by the authority aforesaid, That wherever in the said Act to establish a system of public schools for the City of Carrollton, etc., approved November the 26th, 1886, and in all Acts amendatory thereof occur the words Board of School Commissioners and Commissioner or Commissioners the following words shall be substituted Board of Education or Member or Members in the respective places. Substituting language. Sec. 6. Be it further enacted by the authority aforesaid, That in case a vacancy occurs in the membership of the board of education by death, resignation, removal from the city or removal from the ward from which a member is chosen, or, otherwise, the remaining members of the board shall elect a member to fill the vacancy until the next regular election, when the voters shall choose a successor for the remainder of the term. Vacancies, how filled. Sec. 7. Be it further enacted by the authority aforesaid, That an Act to amend an Act to establish a system of public schools for the City of Carrollton, approved November the 26th, 1886, so as to increase the number of school commissioners, approved November 5, 1889, Acts of 1889, pages 1320-1321, be and the same is hereby repealed. Act of 1886 repealed. Sec. 8. Be it further enacted by the authority aforesaid, That Section one (1) of an Act to amend an Act of November 26, 1886, establishing a system of public schools for the City of Carrollton, and the several Acts amendatory thereof so as to provide for the election of the school commissioners thereof by the people, etc., approved August 7, 1912, Acts of 1912, pages 712 and 713, be and the same is hereby repealed. Act of 1912 repealed. 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 1, 1923. Page 517 CARROLLTON CHARTER AMENDED. No. 328. An Act to amend an Act establishing a new charter for the City of Carrollton, approved September the 9th, 1891, and all Acts amendatory thereof, so as to provide for the election of a councilman from each of the four wards of said city; to provide for two years' term of office for the mayor and councilmen; to provide for their election and expiration of terms of office; to define the wards of said city; to provide for a system of grading and drainage of the streets, alleys, lanes and squares of said city; to provide for the repaving and repair of the sidewalks of said city by the property owners adjacent thereto; to provide for the place of holding all elections for said city; to provide that the mayor and city council shall act on all recommendations of the board of health at the next regular meeting after the filing of such recommendations, and to provide for emergency meetings of the mayor and city council upon recommendation of the board of health; to authorize the mayor and city council to require property owners and lessees to connect open closets with the sewerage system; to provide for notice to the tax payers of said city of the completion of assessments by the board of tax assessors; to provide for the qualifications of arbitrators on contested assessments, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that Section 3 of the above recited Act be, and the same is hereby repealed and the following substituted in lieu thereof: Section 3, Act of 1891, repealed. The Mayor and City Council of the City of Carrollton shall be bona fide residents of said city and the councilmen residents of the wards from which they are chosen and they shall be elected on the first Saturday in October, 1923, the Page 518 mayor for a term of two years and the councilman from the first ward for a term of two years, and the councilmen from the second, third and fourth wards for a term of one year each, and until their successors are elected and qualified, and at the expiration of their terms of office their successors shall be elected for terms of two years, and thereafter the mayor and city council shall be elected for terms of two years each on the first Saturday in October as their respective terms shall expire, and all shall serve until their successors are elected and qualified; Provided, that the present mayor and city council shall hold office until their successors are elected and qualified under the provisions of this amendment. One councilman shall be elected from each of the four wards of said city by entire electorate of said city, and in the event there be more than one candidate for councilman for any given ward, the candidate receiving the highest number of votes shall be declared elected, irrespective of the number of votes received by any candidate from any other ward. The first ward shall embrace the territory between the following boundaries: Beginning at the center of the public square and running south along the center of Depot Street to the railroad; thence southeast along the railroad to Croft Street at overhead bridge; thence south along the center of Croft Street to the residence of A. O. Hale; thence continuing in the same direction to the city limits, and a line beginning at the center of the public square and running west along the center of Alabama Street to Maple Street; thence along the center of Maple Street to Lovvorn Road; thence along the center of Lovvorn Road to the city limits. The second ward shall embrace the territory between the last described boundary of the first ward and a line beginning at the center of the public square and running north along the center of Rome Street to the city limits. The third ward shall embrace the territory between the last described boundary of the second ward and a line beginning at the center of the public square and running east along the Page 519 center of Newnan Street to Mandeville Avenue; thence along the center of Mandeville Avenue to its second junction with Newnan Street; thence along the center of Newnan Street to the city limits. The fourth ward shall embrace the territory between the last described boundary of the third ward and the first described boundary of the first ward. New Section 3. Sec. 2. Be it further enacted, That the above recited Act be and the same is hereby amended by repealing Section 27 thereof and substituting in lieu thereof the following: The Mayor and City Council of the City of Carrollton shall have full power and authority to establish and fix such a system of grading and drainage of the streets, alleys, lanes and squares of said city as they may deem proper, and shall have full power to compel owners and lessees of property to construct, repair, repave and keep in good condition the sidewalks pertaining to their property, but this provision shall not require property owners and lessees to repave the sidewalks pertaining to their property on account of the desire of the mayor and city council to change the grade while such sidewalks are still in good and serviceable condition. If any owner or lessee shall fail to comply with the requirements of the mayor and city council in this regard, the work shall be done under the direction of the mayor and city council and execution shall be issued for the cost and expense thereof against said property, or the owner or lessee thereof or either or all, and the same shall be collected as other executions issued by the clerk of said city. New Section 27. Sec. 3. Be it further enacted by the authority aforesaid, That the above recited Act be and the same is hereby amended by repealing Section 6 thereof and substituting in lieu thereof the following: All elections held in and for the City of Carrollton shall be held at the city hall, or at such other place or places as the mayor and city council may by ordinance designate. At all such elections the polls shall be opened at 9 o'clock A. M. and closed at 4 P. M. The Page 520 person receiving the highest number of votes for mayor shall be declared elected and the candidates receiving the highest number of votes for councilmen from the respective wards shall be declared elected. New Section 6. Sec. 4. Be it further enacted by the authority aforesaid, That the above recited Act be and the same is hereby amended by adding another section immediately after Section 37 of said Act to be designated as Section 37 (a) as follows: It shall be the duty of the Mayor and City Council of the City of Carrollton to take definite action on all recommendations of the board of health at the next regular meeting after the filing of the same, and in case of emergency the mayor and city council shall convene at once and proceed to consider without delay the recommendations of the board of health. It shall further be the duty of the mayor and city council in appointing the board of health to designate one member as chairman and one as secretary of said board in the order of their appointment. New Section 37 (a). Sec. 5. Be it further enacted by the authority aforesaid, That the above recited Act be, and the same is hereby amended by repealing Section 28 of said Act and substituting in lieu thereof the following: The Mayor and City Council of the City of Carrollton shall have full power and authority to establish and maintain a system of water works and sanitary sewerage for said city, and they are hereby empowered with authority and it shall be their duty to designate what closets in said city shall be connected with the sewerage system and to require owners or lessees of property having such closets, open or otherwise, to connect the same with the sewerage system, and in case such owners or lessees of property, having such closets, shall fail to make and maintain such connections when ordered so to do by the mayor and city council, the same shall be done under the direction of the mayor and city council and at the expense of such owner or lessee, and execution shall issue against the property on which such closets are located Page 521 or against the owner or lessee thereof, or against either or all and the same shall be collected as other executions issued by the clerk of said city. The mayor and city council of said city are hereby empowered to condemn or purchase such property either within or without said city, as may be necessary to carry into effect the provisions of this section and in case it shall become necessary to condemn any property under this section or for other public works, the proceedings shall be as in Section 26 of the within recited Act, and nothing in this section shall be construed as preventing the mayor and city council from condemning closets not connected with the sewerage system, as nuisances and abating them as such. New Section 28. Sec. 6. Be it further enacted by the authority aforesaid, That Section 24 of the above recited Act be and the same is hereby amended as follows: By adding after the word who in the fifth line of said section the following: shall give to the taxpayers, by publication in the newspaper in which the advertisements of the sheriff of Carroll County appear, notice that the list of real property, with the valuations thereon, has been filed with the city clerk by the board of city tax assessors and unless objections be filed to such assessments within thirty days the same shall be final and he, and by adding after the word therein in the thirteenth line of said section the words: none of whom shall be an officer of the city government nor in any way interested in the property involved, so that said section as amended shall read as follows: Section 24 amended. Sec. 24. Be it enacted further, That the said tax assessors shall in a book to be provided for said purpose by the mayor and city council, make out a list of taxable real property of said city with their valuations thereon which they shall return to the clerk of the council who shall give to the tax payers by publication in the newspaper in which the advertisements of the sheriff of Carroll County appear, notice that the list of real property with the valuations Page 522 thereon, has been filed with the city clerk by the board of city tax assessors, and unless objections be filed to such assessment within thirty days, the same shall be final, and he shall assess the tax thereon as now, or as may hereafter be provided in the ordinances of said town; Provided, that should any owner of real property in said town be dissatisfied with the valuation put upon his property by said tax assessors, he may complain to said clerk, whereupon the said question shall be submitted to arbitration as follows: The property owner shall select one arbitrator, and the clerk representing the mayor and council one, and they two, a third, all of whom shall be residents of said town and freeholders therein, none of whom shall be an officer of the city government, nor in any way interested in the property involved, and they shall proceed to pass upon the question, inspecting the property and having such evidence as they desire and their judgment, assessing the value upon the property in question, shall be final. New Section 24. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1923. CARROLLTON, CITY OF; ELECTIONS IN. No. 329. An Act to amend an Act establishing a new charter for the City of Carrollton, approved September the 9th, 1891, and all Acts amendatory thereof, so as to provide for all elections for said city under what is known as the Australian Ballot System for the City of Carrollton; to prescribe the manner of holding all elections for said city; to provide a system of registration of the voters thereof and prescribe their qualifications; to make it Page 523 the duty of the mayor and city council to provide booths at all polling places and to furnish official ballots in all general and special and primary elections; to prescribe regulations for the conduct of all elections, imposing certain duties on managers and clerks; to provide penalties for a violation of the provisions of this Act; to provide for the payment of the expenses incident to carrying this Act into effect, and for managers and clerks holding elections under the provisions of this Act; to repeal all conflicting laws of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the date when this Act takes effect, whenever any general, or special or primary election is held for the City of Carrollton, or any election in said city to determine any matter or question which may be referred to a vote of the people of said city is to be held, it shall be the duty of the mayor and city council, at the expense of said city, to provide at each polling place a private room, or rooms, booth or booths with such compartments therein as may be necessary to accommodate persons qualified to vote at such polling places. No person or persons other than the voter himself, while occupying the booth, or in the Act of voting shall come within ten feet of the booth or booths while said polls are open, except the managers and clerks actively engaged in holding such election. Act of 1891 amended. Voting booths, etc. Sec. 2. Be it further enacted, That in all primary elections it shall be the duty of the executive committee of the political party holding elections in said city or other party authority, to provide ballots in accordance with the provisions of this Act for general and special elections and all expenses incident to holding such primary elections shall be borne by the political party holding same, and all other rules and regulations provided for general and special elections under this Act shall apply to all primary elections. Political party to pay expenses. Page 524 Sec. 3. Be it further enacted, That all candidates in a general, special, or primary election in said city shall furnish their names at least ten days prior to the date of holding the election, naming the office or position for which they propose to become candidates and it shall be the duty of said mayor thereupon to have prepared an official ballot for the use of voters in said election, having printed on such official ballots such explanations as to the positions for which candidates offer themselves and the number to be voted for as will enable the voter to prepare his ballot; Provided, that in case of primary elections, the executive committee, or other party authority of the political party holding such election may furnish the mayor with a list of candidates, who are qualified under the party machinery in lieu of candidates, and provided further, that in case of primary elections the mayor shall not be required to have printed official ballots until the expense of having same printed shall have been deposited with him by the executive committee or other party authority. Official ballot. Proviso. Sec. 4. Be it further enacted, That it shall be unlawful for any publisher or publishers printing ballots for any election in said city to deliver to any person other than the mayor of said city any ballot or ballots, or to permit the same to be done by any employee of such publisher or publishers and when the ballots have been delivered to the mayor of said city by such publisher or publishers, it shall be his duty to deliver the same to the managers who are to hold such election at least one day before the election and it shall be the duty of such mayor to deliver all such ballots to such managers and it shall be unlawful for such mayor to retain or to give to any other person any of such ballots. It shall be the duty of the managers of elections to keep in their possessions all of the ballots delivered to them by the mayor until the polls open on the day of the election, and then they are to deliver one ballot to each voter presenting himself in the booth for the purpose of voting, and it shall be unlawful for any manager or Page 525 clerk holding an election under the provisions of this Act to deliver a ballot or ballots to any other person whomsoever; Provided, that in case a voter ruins a ballot in the process of voting, the mutilated ballot shall be returned to the managers and by them destroyed and another ballot furnished the voter. Ballots safeguarded. Duties of manager. Sec. 5. Be it further enacted, That in case any voter from illiteracy or from physical inability is unable to prepare his own ballot, he may request any two managers or clerks to assist him in the preparation of his ballot, and it shall be the duty of such managers or clerks to prepare the ballot according to the instructions of the voter. Managers may prepare ballots, when. Sec. 6. Be it further enacted, That only one voter shall be allowed in a booth at a time and immediately upon entering a booth the voter must procure a ballot from the managers, immediately prepare and vote the same and retire. It shall be the duty of the managers before handing a ballot to a voter to ascertain if he is duly registered and qualified to vote in such election, then number the ballot and enter the name of the voter on the list of voters, giving the same number to the name on the voter's list as that on the ticket. Rules of voting. Sec. 7. Be it further enacted, That the managers and clerks of primary election shall have the qualifications now provided by the general of this State and shall be designated by the executive committee, or other party authority, of the political party under whose auspices the election is held, and the manager and clerks of any general or special election shall be designated by the mayor and council of said city and shall possess the qualifications now provided by the general law of this State. Managers and clerks; their qualifications. Sec. 8. Be it further enacted, That the law now of force in said city as to the oath of managers and clerks, the time for opening and closing the polls, the provisions for election blanks, consolidation of voters, and the returns Page 526 of the result of elections and compensation of managers and clerks, insofar as the same is not in violation of this Act, shall remain in full force and effect. Law governing elections remain in force. Sec. 9. Be it further enacted, That it shall be unlawful for any manager of any election in said city to give out any information as to the results of an election until the polls have closed and all votes are consolidated, and the managers shall not begin the count of votes until the polls have closed. No information to be given out. Sec. 10. Be it further enacted, That any person violating any of the provisions of the Act, shall, upon conviction, be punished as provided in Section 263 of the Code of said city. Punishment for violation. Sec. 11. Be it further enacted, That Section 9 of an Act to amend an Act establishing a new charter for the City of Carrollton, approved September the 9th, 1891, be and the same is hereby repealed and in lieu thereof the following is inserted: All persons qualified to vote for members of the Legislature, being registered on the voters' book of the County of Carroll, who shall have paid all taxes legally imposed and demanded by authority of the city and have resided six months within the city, next prior to the election at which he or she proposes to vote, shall be entitled to registration, with the rights and privileges and under the restrictions provided by law. Persons not twenty-one years of age, being otherwise qualified, who will reach that age before an election for said city, may register a sufficient time before same to qualify for such election. Section 9, Act of 1891, repealed; new section. Sec. 12. Be it further enacted that Section 10 of said Act approved September 9, 1891, be and the same is hereby repealed, and the following shall be inserted in lieu thereof: That immediately upon this Act going into effect, the clerk of the mayor and city council shall open and keep a book for the registration of voters as a permanent record in his office, open at all times when his office is open for the payment of taxes or other business, except as hereinafter Page 527 provided. He shall keep in said book separate lists of white and colored voters, who are entitled to vote in said city, giving the age, place of residence, occupation and date of registration of each voter. While qualified voters may register at any time, when the clerk is in his office during office hours, yet the registration lists shall be closed as to regular election thirty days prior thereto and as to any primary or special election fifteen days prior to such primary or special election, and no person shall be permitted to vote in any such election unless his or her name appears on the registration record, having been properly registered thereon a sufficient time prior thereto as herein provided. Said registration shall be permanent and all names registered as herein prescribed shall remain upon said lists and such persons shall be qualified to vote in any election of said city so long as said voter shall not become disqualified or his name or her name stricken from the registration list as hereinafter provided. It shall be the duty of the clerk to check the voters' lists from time to time and upon finding the names of any voters who have died or have become disqualified by failure to pay taxes, by removal from the city, by being stricken from the voters' list by the county registrars on account of the failure to comply with the requirements of the State laws or Constitution, or other legal cause, he shall furnish the mayor and city council with a list of such names, and it shall be their duty to revise such registration lists and determine whether the names of such voters should be stricken from the lists, after the clerk has given five days' notice to said voter, if a resident of the city, said notice to be served personally by the marshal or policeman or by the clerk or by mailing the same to the last known address of the voter. At the time fixed by the notice the voter shall have the right to be heard by the mayor and city council before final action, if desired. Section 10, Act of 1891, repealed; new section. Registration, etc., of voters. Page 528 Sec. 13. Be it further enacted, That as a prerequisite to registering any person as a legal voter, the clerk shall require of the person applying for registration an oath to the effect that applicant is twenty-one years of age; is a citizen of the United States, and of the State of Georgia, and has paid all taxes legally imposed and demanded of applicant since the adoption of the present Constitution due previous to the then present year, has resided in the State of Georgia one year and in the City of Carrollton six months next preceding the date of application for registration or if not twenty-one years of age or has not been a resident of the city six months then have him state under oath when he will be twenty-one years of age, and when he became a resident of Carrollton and State of Georgia, which facts shall be entered on the record in connection with the name of such voter, which oath shall be written out at length at the head of each list and subscribed by the applicant. Oath of voter. Sec. 14. Be it further enacted, That immediately upon the closing of the registration book for any particular election it shall be the duty of the clerk to make up alphabetical lists of the voters whose names appear on said book and deliver the same to the mayor and city council who shall with the assistance of the clerk proceed at once to purge the said lists and certify the same as corrected to the election managers, who shall return the lists to the clerk immediately after the election for preservation in his office. Alphabetical list of voters. Sec. 15. Be it further enacted, That the mayor and city council may by ordinance prescribe such further rules in regard to registering or in regard to the revision of the registration lists as they may see fit and proper, and may create a board of registrars if deemed best and may place any or all of the duties herein imposed on the clerk and mayor and city council upon such board or upon any official or officials they may designate. Additional rules. Page 529 Sec. 16. Be it further enacted, That all laws and parts of laws of said city in conflict with this Act be and the same are hereby repealed. Sec. 17. Be it further enacted, That this Act shall take effect on and after January 1, 1924. Effective. Approved August 1, 1923. CHATSWORTH, CITY OF; NEW CHARTER FOR. No. 153. An Act to provide and establish a new charter for the City of Chatsworth, in the County of Murray; 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 city; to provide for a mayor and council and officers for the City of Chatsworth; 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 city; 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 City of Chatsworth 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 city until the election provided for in this charter is held; to provide the manner and time of holding elections for municipal officers in said city; to provide for Page 530 the qualifications 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 city and the manner of appeal therefrom; 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 city; 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 city 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 city; to provide for all matters and things necessary and proper and incident to municipal corporations, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the City of Chatsworth, in the County of Murray, be, and the same is hereby incorporated under the name, style and title of the City of Chatsworth and by that 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 corporation not inconsistent with the laws of this State. The corporate powers of said city shall be vested in and Page 531 exercised by a mayor and five aldermen, under said name, style and title of the City of Chatsworth. Corporate name and powers. Sec. 2. Be it further enacted, That the corporation limits of said city shall include all of lots now shown in the official map of the Chatsworth Land Company; also 18 acres more or less, situated just west of the limits of said municipality under the former charter known as the property of the Chatsworth school district. Corporate limits. Sec. 3. Be it further enacted, That the present mayor and Council of the Town of Chatsworth 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 retained. Sec. 4. Be it further enacted, That on the first Saturday in January, 1924, an election shall be held for a mayor and four 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 Saturday in each January 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. Sec. 5. All persons in said city qualified to vote for members of the General Assembly of Georgia, who are bona fide residents of said city at the time of holding election and who are registered as hereinafter provided, 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 shall be appointed by the mayor and aldermen of said city prior to each such election. Qualifications of voters. 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 Page 532 the highest number of legal votes polled, who shall on Monday after the first Saturday in January 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 City of Chatsworth, during my continuance in office to the best of my ability and understanding, so help me God. Results declared. Official oath. 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. Mayor and aldermen shall elect officers. 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 or 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 executions at a constable's sales, but if the property levied on be realty, the marshal shall return the levy to the sheriff of Murray 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 Page 533 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 and consistent with the Constitution and laws of the State. Taxes. Penalties. Sec. 10. Be it further enacted, That there shall be a lien on all property of said citizens or inhabitants of said city, both real and personal, situated therein for corporation taxes assessed thereon, and for all fines and penalties assessed upon the owners thereof, from the date they are assessed or imposed, which shall have priority over all liens except liens due to the State and county. Lien of all property. 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 city 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 city shall hold a mayor's court in said city 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 confinement in the calaboose of said city, 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. Mayor's court, jurisdiction. Sec. 12. Be it further enacted, That the marshal or other police officers of said city may arrest without warrant any person guilty of violating any ordinances, rules, or regulations Page 534 of said city, and the marshal or any other police officer may summon any citizen or citizens of said town to assist in such arrest. Marshal 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 city, 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 appointment 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, if to be found, within the corporate limits, and his securities with a rule nisi, and if the defendant can not be found, then by posting notices in three public places in said city five days before the hearing of said rule nisi. Trials in mayor's court. Bonds, forfeiture. Rule nisi. 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 Murray 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 city and to remove any obstruction or nuisance that may be placed in same, and to that end compel all persons residing within said city who may be subject to road duty to work on the streets, sidewalks, and alleys of said city, for a space not exceeding ten days in each year, but may receive in lieu of said work a communication fee from such persons not exceeding five dollars, and the mayor shall have the same Page 535 power to punish defaulters as provided in the charter for the punishment of persons violating the ordinances of said city. Street improvements. Sec. 17. 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 confinement in the calaboose not to exceed twenty days. Contempt. 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. Sec. 19. Be it further enacted, That the mayor or mayor pro tem., shall, his term of office, be a conservatory 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 rule of said city, and should it develop from the evidence that he or she is probably guilty of any criminal laws of this State, to commit the offender or offenders to jail or bail them to appear before the next superior court of Murray County. Mayor's jurisdiction. Sec. 20. Be it further enacted, That any officer of said city who shall be guilty of malpractice or abuse of the powers confided in him, shall be subject to indictment in superior court of Murray County, and on conviction shall be punished as prescribed in Section 1065 of the Penal Code of Georgia. Malpractice punishable. 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 Page 536 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. Monthly 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 city for the space of ten days. Vacancies, how filled. Sec. 23. Be it further enacted, That the mayor and officers of said city 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 for the purpose of allowing all persons of said city to register who before registering shall subscribe to 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 Murray six months, and that you have resided in the City of Chatsworth 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 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, or where special registration is required. Said registration list or a certified copy thereof shall be furnished to the managers of all elections, and only those whose names Page 537 appear thereon shall be deemed eligible to vote in said election. Said registration book shall be closed ten days before any election. Registration of voters. Oath. Sec. 25. Be it further enacted, That said mayor and aldermen of said city 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 anyone 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. 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 Murray County superior court or the justice court of the 824th district G. M. according as the jurisdiction may be. Illegality of execution, returnable to. 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 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 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 City of Chatsworth, 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. Page 538 Sec. 28. Be it further enacted, That the town tax assessors may hear during the progress of their investigation and 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. Valuation. 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 assessor's action and specifying the property the valuation of which has been raised. Notices of assessment of property not returned by owners shall not be required, and the values fixed by the assessors shall be final. Valuation raised; notice. Sec. 30. Be it further enacted, That the mayor and council of said city 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 city, and to prevent and prohibit the keeping 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 animals and fowls who refuse to obey an ordinance passed by mayor and council, carrying this authority into effect. Prevent animals from running at large. 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 Page 539 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. Impoundment of. Sale of. 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 city, to function in all manner as is usual to a board of health. Board of health. Sec. 33. Be it further enacted, That the mayor and council shall have supervision over the erection of all buildings in said city 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. Supervision of buildings. Sec. 34. Be it further enacted, That the mayor and council of said city shall have the power and authority to open, lay out, widen, straighten or otherwise change the streets, alleys or lanes of said city, and shall have the power to grant right of ways to any public or private parties as they may deem wise; to take over private property for such purposes under the conditions as prescribed by the laws of the State. Supervision of streets, etc. 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 city, to cause the owner of lots or parcels of land to drain same Page 540 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 city. 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 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 city, 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 city 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 districts. 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 waterworks, and to that end may grant individuals or corporations the use of the streets and alleys of said city 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. Electric lighting, etc. Sec. 40. Be it further enacted, That said mayor and council shall have power and authority to require the owner Page 541 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, etc. Sec. 41. 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 city. Sewerage. Sec. 42. Be it further enacted, That said mayor and council shall have power and authority to issue bonds of said city in such sums and at such times as they shall see proper within the limits provided by the Constitution and laws of this State and of such denomination and in such amounts as they see fit; said bonds not to bear interest in excess of 9 per cent. per annum and 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 from their date of issue in the discretion of the mayor and council. Said bonds to be issued, hypothecated and sold for the purpose of establishing, maintaining, extending and operating a system of waterworks, a system of sanitary sewerage, a 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 City of Chatsworth, and shall be negotiated in same manner as the mayor and council may determine to be for the best interest of the city; Provided, however, that said bonds shall not be issued for any of the above 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. Bond issue, requirements. Page 542 Sec. 43. Be it further enacted, That said mayor and council of said city shall have power and authority to grade, pave or macadamize or otherwise improve 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 the 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 appears 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 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 city in the same manner as executions in case of tax sales. Such sales shall vest absolute title to purchaser. Said city marshal shall have authority to eject occupant and put purchaser in possession, provided the owner of such property shall be given rights to the superior court of Murray 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. Improving sidewalks, etc. Assessments. Enforcement of. Page 543 Sec. 44. Be it further enacted, That mayor and council shall have power and authority to acquire on behalf of the City of Chatsworth, by gift or purchase, ground suitable for parks and playgrounds as in their judgment as may be to the interest and welfare of the citizens of said city. They shall have the power to draw on the ordinary expense fund of said city for purposes enumerated above. Parks and playgrounds. Sec. 45. Be it further enacted, That by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. COCHRAN CHARTER AMENDED. No. 543. An Act to amend an Act approved August 13th, 1904, Laws of Georgia, 1904, pages 407 et seq., incorporating the Town of Cochran, so as to authorize the mayor and council to change the location of any of the streets, avenues and public alleys of said town; to release, abandon and surrender dominion over the old streets, avenues and public alleys when such changes are so made; to ratify changes in location in streets, avenues and public alleys heretofore made, and the abandonment and surrender of old streets and locations of streets, avenues and public alleys heretofore abandoned and released; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act approved August 13th, 1904, Georgia Laws 1904, pages 407 et seq., incorporating the Town of Cochran, and providing a new charter for said town, be and the same is hereby amended by adding thereto to be known as Section 65-A Page 544 and as a part of the charter of said town the following, to wit: Act of 1904 amended. Sec. 65-A. The Mayor and Council of the Town of Cochran shall be and are hereby authorized and empowered to change the location of any or all streets, avenues and public alleys in said town as they may determine and when any such change is so made the said mayor and council are hereby authorized and empowered to abandon, release and surrender the lands within the lines of the old streets, avenues or public alleys. New section added. Sec. 2. Be it further enacted by the authority aforesaid, That changes heretofore made in that portion of Second Street in the Town of Cochran on which the lands of the Southern Railway Company in said town abut be and the same are hereby ratified and said street as paved and as laid out and located in diagram or drawing made October 3d, 1922, extending from Ash Street in said town to the depot of said railway company and showing a roadway of 45 feet with an approach of 45 feet to the house track of the Southern Railway Company, and as paved, be and the same is hereby ratified, and the surrender and abandonment to the Southern Railway Company of that portion of old Second Street between said Ash Street and said depot (not now paved and included within the lines of said Second Street as changed and relocated) is hereby ratified and confirmed, and the Mayor and Council of said Town of Cochran are hereby authorized to appoint a commissioner and authorize such commissioner, in the name of said town, to execute a deed conveying and releasing to the Southern Railway Company such portions of Second Street as were abandoned by the changes in the new location in said street and as the same was paved as aforesaid. Changes ratified. 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 20, 1923. Page 545 COCHRAN, CITY OF; SANITARY REGULATIONS. No. 157. An Act to amend the charter of the City of Cochran, Bleckley County, Georgia, granted by an Act of the General Assembly of Georgia, approved August 15th, 1904, so as to authorize and empower the authorities of said city to compel all owners of property in said city to install and equip said property with sanitary water closets and privies, and to connect same with the city system of sewerage, when said property is adjacent to any line of such sewerage, and to empower the authorities of said city to make all suitable and reasonable regualtions as to the methods and specifications of such installations and connections; and to empower the authorities of said city to condemn and prohibit the building and use in said city of all surface closets and privies in said city, not in accordance with the sanitary regulations and specifications as nuisances, and to authorize the construction and installation of sanitary water closets and privies by the authorities of said city at the expense of the property owner, and to create a lien upon such property for the expense of so doing, and to provide for the collection of same by levy and 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 authority of the same, That an Act approved August 15th, 1904, granting a charter to the City of Cochran, in the County of Bleckley, State of Georgia, as printed in Georgia Laws 1904, page 407, be and the same is hereby amended so as to give the authorities of said city the additional powers set out in the following sections of this Act, to wit: Act of 1904 amended. Sec. 2. The Mayor and Council of the City of Cochran are hereby empowered and authorized by ordinance to require all owners of property located in said City of Cochran, on which may be located a dwelling, tenant house, store, office building, mill, factory or other occupied building, to Page 546 install on or equip all such property and buildings owned by them in said city with sanitary water closets, or privies, and, where such property is adjacent to any line of the city sewerage system, to connect such water closets or privies with such sewerage. Water closets, etc. Sec. 3. The mayor and council of said city are hereby empowered to specify the materials and the manner of construction of all such water closets and privies, and of their connection with the city sewerage system. Construction. Sec. 4. The mayor and council of said city shall have the power and authority to condemn as nuisances all water closets or privies built or maintained in said city not in accordance with the plans and specifications adopted by the mayor and council of said city for the construction of sanitary water closets and privies. Nuisances. Sec. 5. The mayor and council of said city shall have the power to abate any nuisance declared under section four of this Act by first giving ten days' notice to the property owner on whose property such nuisance exists to abate the same, and upon the failure of the property owner to abate the nuisance, the mayor and council of said city shall have the right to prescribe the kind of notice and the method of serving same upon such property owner, which shall be in writing and by personal service if the property owner lives within the limits of the City of Cochran, or if such property owner be a non-resident of said city, service of notice may be made by publication in any newspaper published in said city for two issues, or by registered United States mail directed to the last known address of such property owner, or service of notice may be made personally on the tenant in possession. Service of such notices may be made by any officer or employee of the City of Cochran, and the affidavit of such officer or employee making such service shall be sufficient proof of such service. Notice by publication or letter. Sec. 6. Where, after ten days' notice given to the property owner, such nuisance is not abated by the owner of Page 547 the property whereon such nuisance is maintained, the mayor and council shall have the power and, right to abate such nuisance at the expense of the property owner and to collect such expense out of the property and the property owner generally. Abate at owner's expense. Sec. 7. In the event any owner of property in said city shall fail or refuse to install on or equip such property with sanitary water closets or privies, and, where adjacent to the city system of sewerage, shall fail or refuse to connect same with the city system of sewerage, the mayor and council of the City of Cochran shall have the power and authority after ten days' notice served upon such property owner, as defined in section five of this Act, at the expense of the property owner, to install on and equip such property with sanitary water closets or privies, and, where such property is adjacent to any line of the city sewerage system, to connect such water closets with the city sewerage system. Power to install. Sec. 8. In any case under this Act, where the City of Cochran has, after notice given as herein provided, abated nuisance, or installed upon or equipped any property with sanitary water closet or privy, with or without connection with the city sewerage system, the expense of so doing shall be made out in the form of an account against the property owner, and the property on account of which the expense has been incurred, said account being itemized, and a copy of such account shall be served on such property owner in the manner prescribed in section five of this Act. Should said account not be paid within ten days after service of notice of same has been made, then an execution for the collection of said account shall issue in behalf of the City of Cochran against said property owner generally, and against the property specially. Said execution shall be signed by the mayor and the clerk of said city, and shall be directed to the marshal of the City of Cochran and his deputies, which execution shall be levied upon any of the property of the defendant in execution, and said property Page 548 so levied on shall be sold as in cases of sales for the collection of taxes due the City of Cochran, and under the same rules pertaining thereto. Property owner to pay expenses. Execution to issue. Sec. 9. The defendant in execution may contest the validity of any such execution or the debt for the collection of which such execution was issued, by filing with the levying officer an affidavit of illegality, returnable to the superior court of Bleckley County, which illegality and the issues raised therein, shall be tried and determined in the superior court under the same rules which apply to illegalities filed to levies by the sheriff; Provided, however, that any amount admitted to be due in such illegality shall be paid to the levying officers, before such illegality shall be accepted by such officer. Contest by affidavit of illegality. Sec. 10. Any such execution when issued shall become a lien upon the property against which it is specially directed, which lien shall be superior to all liens, except liens for taxes or other liens in favor of the State of Georgia, County of Bleckley, or City of Cochran. Such execution shall become a general lien as to the other property of the defendant in execution. Execution a lien upon property. Sec. 11. All laws or parts of laws in conflict herewith are hereby repealed. Approved August 18, 1923. COLLEGE PARK CHARTER AMENDED. No. 556. An Act to amend an Act entitled An Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester; to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to provide for a zoning Page 549 system in said city; also so as to provide for the construction and laying of curbing and guttering on the streets of said city, and the assessment and collection of the total cost thereof against and from abutting property and the owners thereof; also, so as to provide for the election of the members of the board of education of said city, and the membership thereof; also, so as to provide for a system of registration of voters in and for said city; for a single and general registration of the voters of said city for use in all elections held therein, and 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 voters' certificates; for the holding of elections in said city and for notice thereof; 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, That the charter of the Mayor and Council of the City of College Park, as contained in an Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester; and to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, be and the same is hereby amended as follows: Act of 1895 amended. Section 1. The Mayor and Council of the City of College Park may, in the interest of 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 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 or character of buildings or other structures or the area or dimensions of the lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other Page 550 structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. Zoning regulations. 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 council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classification 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 premises or upon any other lease or leases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare. Number of zones. Sec. 2. For the reasons above stated in section one of this Act, said mayor and council shall have the further right and power in any districts proposed to be set aside primarily for residence purposes, further to 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 its residents thereof. No ordinance or amendment thereto, authorized either by this section or by section one of this Act, shall be adopted except by a majority vote of the entire mayor and council. Residence zones. Sec. 3. No ordinance establishing districts or zones or adopting zoning regulations as above authorized shall be passed by the mayor and council until after a public hearing shall have been had thereon before the mayor and council; thirty days' notice of which hearing and of the time and place thereof, shall be given in such manner as the mayor and council may prescribe; and during said thirty days a copy of the proposed ordinance shall be on file for public examination in the office of the city clerk at the city hall. No ordinance, measure or regulation which violates, Page 551 differs or departs from the proposed ordinance of file, as herein provided, shall take effect unless passed by a majority vote of the entire mayor and council. Public hearing after 30 days' notice. Sec. 4. The mayor and council may from time to time amend or change the regulations or districts or zones established by ordinance under this Act, but no such amendment or change shall become effective until after public hearing thereon, after notice thereof, in the same manner as provided in section three of this Act, and unless passed by a majority vote of the entire mayor and council. May amend zoning regulations. Sec. 5. 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 construct and lay and provide for the construction and laying of curbing and guttering, either or both, in and upon the streets of said city or any portion thereof, and to provide for the kind and nature of the construction and laying of same; 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 such curbing and guttering, or both, against the real estate abutting on the side of the street on which such curbing or guttering, or both, may be laid and constructed, 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 Page 552 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, 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 such 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 judge 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. Said mayor and council shall have the right and power to make the improvements provided for in this section 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 bill or executions covering assessments made against the abutting property and the owners thereof for said improvements. Before any curbing or guttering, or both, are laid out and constructed under this section of this Act, or ordinances providing therefor shall be enacted by said mayor and council or assessments made therefor, the property owners to be affected thereby shall be afforded by the mayor and council a hearing on the question of the necessity of such improvements and the reasonableness of the estimated cost thereof, notice of which hearing and of the time and place thereof shall be given by said mayor and council to such property owners in such manner and for such reasonable period of time in advance of said hearing, as said mayor and council shall by ordinance provide. Curbing and guttering. Page 553 Sec. 6. Be it further enacted by the authority aforesaid, That from and after the passage and approval of this Act, the Board of Education of the City of College Park shall consist, in addition to the mayor of the city, as ex-officio member thereof, of six members, instead of five members as at present provided; that the sixth member of said board shall have the qualifications now provided for members of said board, shall be a resident of the first ward of the city; and shall upon the passage and approval of this Act be elected by the mayor and council of the city, without nomination by said board to serve for the term from the date of his election until the seventh day of April, 1926, and such member shall hold office for such term, or until his successor is elected and qualified. Board of education; members. Sec. 7. That upon the expiration of the respective terms of the present members of the Board of Education of the City of College Park, and of the term of the sixth member of said board, as provided in section six of this Act, the successors of each of said members, and every other member of said board hereafter to be elected, except the mayor of the city as ex-officio member thereof, shall be elected by the Mayor and Council of the City of College Park, without nomination by said board, for terms of three years each, and shall hold office for said term, or until their successors are elected and qualified. The successors of each of said six elective members of said board shall be, respectively, residents of the same ward of said city as that in which their predecessors in office resided, it being the purpose and intent of this Act to provide, and it is hereby so enacted, that the elective members of said board shall consist of two members from each of the three wards of said city. The removal of a member of said board from the ward from which he was elected shall vacate the office of such member. All vacancies on said board, from whatever cause, shall be filled, for unexpired terms, by election of members thereto by the mayor and council of the city, without nomination by said board. Election of members; terms. Vacancies. Page 554 Sec. 8. Be it further enacted by the authority aforesaid, That sections fifteen (b), fifteen (d), fifteen (e) and fifteen (f), as set forth under section one of the Act amending the charter of the City of College Park, approved August 15, 1922, Georgia Laws 1922, pages 643, 645 to 652, be and the same are hereby repealed, and the following, as sections fifteen (b), fifteen (d), and fifteen (e) inserted and enacted in lieu thereof. Sections repealed. Sec. 15 (b). Be it further enacted by the authority aforesaid, That the city clerk, as registrar, as aforesaid, or any assistant registrar hereinafter provided 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 each year 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, who possesses the qualifications set forth in said oath, and who, in addition to such qualifications, has paid all taxes, State, county or municipal, for the year of registration, where, at the time of registration, such taxes are already due and owing, 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 Page 555 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 the affiant 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 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. When the affiant, at the time of registration, has paid all taxes, State, county or municipal, for the year of registration, which, at that time, are already due and owing the affiant or the officer in charge of the voters' book for him, shall, before the affiant subscribes said oath, make such change in the language thereof relating to payment of taxes for the year of registration as will conform to the facts relative thereto. Upon 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 can not 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 a 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 or by checking the words applicable to the voter. New Section 15 (b). Registration of voters. Oath. 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 Page 556 city clerk shall make out three copies of a list or lists, in alphabetical order and according to wards, of all persons who, up to and including the tenth day prior to the date of such election, have registered in the voters' book for the year in 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 eight days prior to the date of such election to a board of registrars appointed by the mayor and council as herein provided. 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 registered 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 hereinbefore provided for shall be eligible to membership on said board, but any member of the 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 of registered voters so furnished them as aforesaid, by striking and removing therefrom, before the day of election the names of all persons who have died or who have removed from the city, or who have not paid all taxes, State, county and municipal, including such taxes for the year of registration already due and owing, and including street taxes then due and owing, or who, in the case of non-payment of street taxes have not performed street work theretofore required in lieu of payment of street taxes; and also the names of all other 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 said board shall act upon the best evidence or information obtainable with the time available therefor; said board of registrars shall furnish to the city clerk a list or lists of Page 557 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 has 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 the 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 as 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 removed, 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 offered 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 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 Page 558 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 entitled to vote in such election; which certificates, upon presentation and surrender to the managers of the election at voting precincts, 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, to wit: `I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as a 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. New Section 15 (d). List of voters. Board of registrars. Oath 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 furnished them by the city clerk, prior to an election, as hereinbefore provided, said board of registrars shall prepare from said lists as so purged, with any restoration of names thereto, an official list of registered Page 559 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 fifteen (d), or as hereinafter provided in section fifteen (g) of this Act. New Section 15 (e). List of registered voters. Sec. 9. Be it further enacted by the authority aforesaid, That section fifteen (g), as set forth under section one of the Act amending the charter of the City of College Park, approved August 15, 1922 (Georgia Laws 1922, pages 643, 652), be and the same is hereby amended by striking from the end of said section the following words: the next preceding section of this Act, and inserting in lieu thereof the words: section fifteen (d) of this Act, so that said section as thus amended will read as follows: Section 15 (g) amended. Section 15 (g) to read. 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 certificates to be presented and surrendered by such person, and his name entered on such lists, and said certificates preserved Page 560 and filed, in the manner provided in section fifteen (d) of this Act. Omission of name from list. Sec. 10. Be it further enacted by the authority aforesaid, That section one of the Act amending the charter of the City of College Park, approved August 15th, 1922, and the following sections thereunder, which are not changed by this Act, to wit: sections fifteen (a), fifteen (c), fifteen (h), fifteen (i), sixteen (a), sixteen (b) and sixteen (c), (Georgia Laws 1922, pages 643, 644, 645, 647, 652 to 655), be and the same hereby remain the law of said city with respect to the matters and things covered thereby and provided therein. Certain sections to remain in force. Sec. 11. 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. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. COLLEGE PARK, CITY OF; ELECTION TO REPEAL CHARTER OF. No. 553. An Act to repeal an Act entitled an Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester, and to provide for the incorporation of the City of College Park, approved December 16th, 1895, and an Act to amend said Act, approved August 12th, 1914, and an Act approved August 15th, 1922, and all amendments to said Acts be repealed; Provided, however, that if the majority of the qualified voters of the City of College Park, voting at Page 561 an election held for that purpose, shall vote against the annexation of the corporate limits of the City of College Park to the corporate limits of the City of Atlanta, then this Act shall not become effective, but if a majority of those voting in said election shall vote in favor of said annexation, then this Act shall take effect as herein provided, and said Act providing for the incorporation of the City of College Park and subsequent Acts amending said Act shall stand repealed; Provided, however, that the result of said vote shall not become effective unless a majority of the qualified voters of the City of East Point, voting in said election called for that purpose, shall vote in favor of annexation; if the voters of East Point, voting in said election, shall vote against said annexation, then this Act shall be null and void, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. That the Act entitled an Act to repeal all laws and amendments to law heretofore passed, incorporating the City of Manchester and to provide for the incorporation of the City of College Park, approved December 16th, 1895, and an Act to amend said Act approved August 12th, 1914, and an Act approved August 15th, 1922, and all amendments to said Act be and the same are hereby repealed. Acts of 1895, 1914 and 1922 repealed. Sec. 2. Provided, however, that if the majority of the qualified voters of the City of College Park, voting at an election held for that purpose, shall vote against the annexation of the corporate limits of the City of College Park to the corporate limits of the City of Atlanta, then this Act shall not become effective, but if a majority of those voting in said election shall vote in favor of said annexation, then this Act shall take effect as herein provided and said Act providing for the incorporation of the City of College Park and subsequent Acts amending said Act shall stand repealed Page 562 and thereafter be of no force and effect; Provided, however, that the result of said vote shall not become effective unless a majority of the qualified voters of the City of East Point, voting in said election called for that purpose, shall vote in favor of annexation; if the voters of East Point, voting in said election, shall vote against said annexation, then this Act shall be null and void, and thereafter be of no force and effect. Majority vote to decide. Proviso. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. COLUMBUS CHARTER AMENDED. No. 215. An Act to amend an Act to create a new charter for the City of Columbus, Georgia, and to consolidate and declare the rights and powers of said corporation, and for other purposes, approved November 29th, 1890, so as to provide for city planning in the City of Columbus and the police jurisdiction thereof; establishing a police district and defining the powers of the city therein; defining the limits of the City of Columbus as of the date January 1st, 1925; providing for power of said city, for sewerage in said city and sanitation in said city and the police jurisdiction thereof; providing for the city to acquire real estate, either by purchase or condemnation in its police district, and in the territory to be annexed on January 1st, 1925, and in Muscogee, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: That an Act establishing a new charter for the City of Columbus, approved November 29th, 1890, and the several Page 563 Acts amendatory thereof be and the same are hereby amended as follows: Act of 1890 amended. Section 1. City Planning. There shall be created as a part of the government of the City of Columbus a board of city planning which shall consist of five citizens of either the City of Columbus or the territory to be annexed to the City of Columbus on January first, 1925, to be appointed to serve without compensation and to serve and hold office at the will of the commission of the City of Columbus. Board of city planning. Sec. 2. Said board shall have all the powers hereinafter set forth and in addition thereto such powers as may be proper and consistent with the organization operating of said board as may be established by ordinance passed by the commission, and an office or place of meeting shall be provided for said board at the city hall or courthouse, if possible; if not, at some other place in the city designated by the commission for holding its meetings, transacting its business, and keeping its records. Powers. Place of meeting. Sec. 3. Said board shall have power and authority to employ consulting advice on municipal problems, such other help as may be necessary and to pay for the services thereof, including necessary expenses, incurred by its members in the performance of their duties under direction of said board from such funds as may be placed at the disposal of said board by authority of the commission. May employ help; compensation. Sec. 4. It shall be the duty of said board and it shall have power to recommend all new suggestions to the commission and to all other public authorities concerning the laying out, widening, extending and parking or locating of streets, sidewalks and boulevards, the relief of traffic conditions and the promotion and establishment of sanitary conditions. To recommend to the commission and to all other public authorities plans for future growth, development and improvement of the municipality, and especially with regard to its public buildings and works, streets, parks, grounds and vacant lots and plans consistent with Page 564 the future growth and development of the city looking towards the proper sanitation and service by public utilities, and generally to do and perform any and all other acts and things necessary and proper to carry out the provisions of this Act, to study and propose such measures as may be advisable for the promotion of the public interest, health, morals, safety, comfort, convenience and welfare of said city. In this connection said board shall be authorized to make similar suggestions to the commission of the City of Columbus, to the commissioners of Muscogee County, Georgia, and to the General Assembly of Georgia with reference to an area covering three miles adjacent to the limits of the City of Columbus as the same will be on January 1st, 1925, and as said city limits may be from time to time thereafter, excepting any incorporated territory of other municipalities not a part of the City of Columbus. Duties. Adjacent territory. Sec. 5. Said board shall have authority to investigate and make recommendations concerning all plans for sewers, both sanitary and storm water, where placed in any property or sub-divisions or lots which are intended to be sold in the area above mentioned adjacent to said limits. Sewerage. Whenever said city undertakes to erect a public building, the buildings here referred to constitute buildings to be owned and controlled by the City of Columbus, the plans and location thereof may be submitted to said board and receive its approval before the erection of such building is begun. Said board shall have authority to make recommendations to all parties, that is, individuals, corporations or public authorities, with reference to the erection of buildings, structures or works to be erected or remodeled and such persons or authorities shall have authority to call upon said board for a report as to the construction, placing or designing of buildings or other structures and improvements or objects of art. Buildings. Sec. 6. Said board shall have authority to request the assistance of all of the officers of said city when such assistance is desired. Assistance of city officers. Page 565 Sec. 7. The Commission of the City of Columbus shall make such appropriation for carrying on the work of said board as the needs thereof may in the judgment of the commission demand in like manner and form as appropriations are made to other departments of the city. The City of Columbus shall have authority to receive gifts, bequests and devises of property to carry out the general purposes of the board of city planning, and when such gifts, bequests or devises are made to the city therefor, the city shall keep same in a separate fund and expend the same only for and on account of said board and its general purposes as defined herein. Appropriations, gifts, etc. Sec. 8. Said board shall prepare and submit to the commission a comprehensive plan for planning the city and its police district, for the purpose of suggesting the proper location of streets, apartment houses and dwellings, and other uses of property, the height of buildings, the area of lots, and provisions for yard spaces, and the fixing of building lines in the city. Plan for city. It is not intended by this provision to vest in said board authority to finally control the location and operation thereof, but only to make suggestions which shall be given publicity and to give the owners or builders the benefit of the services and suggestions, all looking to the final betterment and improvement of the City of Columbus and its suburbs. Final authority not vested in board. Sec. 9. When by ordinance or resolution of the commission it is proposed to erect or construct any buildings, works or improvements for the use and benefit of the city, the said board may be called upon to consider the plans for such buildings, works or improvements, so that a method may be available for securing a recommendation, either favorable or unfavorable, from said board on said proposed buildings, works or other improvements before such ordinance or resolution is finally adopted. Board to recommend plans. Page 566 Sec. 10. Where an ordinance or resolution relating to matters just named is introduced by the commission, the city clerk, if so instructed by the commission, shall refer such ordinance or resolution to said board, and the commission in such event shall defer final action on such ordinance or resolution until a subsequent meeting of the board and the commission may await the report of said board a sufficient length of time as it may deem advisable before taking action on such ordinance or resolution. Ordinance referred to board. Sec. 11. The Commission of the City of Columbus is hereby empowered to pass an ordinance providing that no lots or streets or sewers shall be laid off in the City of Columbus or its police district unless the plans and specifications of said lots and streets and sewers are first submitted to the board of city planning and shall have been approved, and the owner of such lands shall, before laying off streets, lots or sewers therein, first submit his plans for streets, lots and sewers to the board of city planning, and said plan and map shall be approved before any lot is sold in said survey, and this provision may be enforced by the Commission of the City of Columbus by appropriate ordinance therefor. Board must approve plans for streets, etc. Sec. 12. Police District of the City of Columbus. That the municipal government of the of Columbus shall have and exercise a limited power and authority for police purposes over all the territory which lies within the State of Georgia and within three miles in a straight line from the corporate limits of said City of Columbus as said limits of said City of Columbus will be on January first, 1925, and as said limits may be from time to time after January 1st, 1925, excepting any incorporated territory of the municipalities not a part of the City of Columbus, and said territory shall hereafter be known as the police district of the City of Columbus, Georgia. Police district; powers. Sec. 13. That all laws and ordinances in force in said City of Columbus in reference to crimes or misdemeanors against the persons or citizens or individuals, against the Page 567 public peace and tranquillity, against public morality and health, and offenses committed by cheats and swindlers, and offenses against public trade, against fraudulent or malicious mischief shall be in force within the territory comprising the said police district in the same manner and to the same extent as they are in force within the corporate limits of said city; and for the purpose of preventing the commission of any and all of said offenses, and suppressing the same, and in order to apprehend violators of said laws, jurisdiction is hereby given to the Commission of the City of Columbus over the entire territory embraced in said police district, and they shall have the power and authority to enforce said laws and ordinances by the marshal and police forces of said City of Columbus, in the same manner and to the same extent as if the violation of said laws and ordinances had occurred within corporate limits of the City of Columbus. Laws in force. Jurisdiction. Sec. 14. That the recorder's court of the City of Columbus shall have jurisdiction over and the power and authority to try and punish all persons charged with a violation of any and all laws and ordinances which by the terms of this Act are conferred upon the Commission of the City of Columbus in and over the territory comprising said police district, in the same manner and to the same extent as if such violation occurred within the corporate limits of said City of Columbus and in case of a conviction in said recorder's court for a violation of any of said laws and ordinances in said police district, such recorder or other person legally presiding over said court shall impose upon the person or persons convicted such fine or imprisonment as could be imposed had such offense been committed within the corporate limits of the City of Columbus; and all fines that shall be imposed and collected on account of any violations of such laws or ordinances in force in said police district shall go to the treasurer of the City of Columbus for the use of said city. Recorder's court. Punishments. Page 568 Sec. 15. That this Act shall not be so construed as to create any obligation upon the City of Columbus to establish and maintain in said territory comprising said police district any police system, but said city shall have the right and power to do so, which right said city may exercise or not, as in the judgment of the municipal authorities the best interest of the City of Columbus may require. Police system optional. Sec. 16. That for the purpose set forth in this Act only shall such police district be held or deemed to be a part of the City of Columbus, nor shall said City of Columbus exercise in and over said police district any power or authority other than is herein expressly conferred. Sec. 17. The power is hereby granted to the City of Columbus to compel the abatement and removal of all nuisances in the City of Columbus and police district thereof, to require all lands, lots, buildings and other premises to be kept clean, sanitary and safe, both for the occupants and other citizens of the city and community, and the power is granted to make the same clean, sanitary, healthful and safe at the expense of the owner or occupant thereof, and the cost of the removal of any nuisance, unsafe building, or clearing of any lot or premises or abatement of any nuisance may be assessed against the owner and the cost thereof shall be a lien on the premises to be enforced and collected by appropriate ordinance. Nuisances. Sec. 18. That all the powers conferred upon the City of Columbus in sub-paragraph twelve of section three relative to nuisances, and the abatement and removal thereof, in Act amending the charter of the City of Columbus approved August 5th, 1921, may be exercised by the City of Columbus within the police district beyond the territorial limits of the City of Columbus as hereby defined and created. Act of 1921. Sec. 19. Said city shall have the right to acquire real estate in the territory to be annexed as of the date of January 1st, 1925, for municipal purposes, that is, for schools, Page 569 parks, playgrounds, cemeteries, fire stations, incinerators, sewers, water mains, or any other necessary purposes; said lands may be either purchased or condemned as provided in section twenty-eight of the Act herein amended. Property for municipal purposes. Sec. 20. That the territory to be annexed as of the date of January 1st, 1925, is the territory described in the Acts of 1922, page 672, which will be and become and is hereby declared to be and become a part of the City of Columbus on said date. Territory. Sec. 21. That said city shall have the right to acquire real estate for schools, parks, waterworks, sewerage or cemetery purposes either by gift, purchase, lease or condemnation in the County of Muscogee, except in the boundaries of any other municipal corporation in said county, and should said land be condemned it shall be done in conformity with section twenty-eight of an Act of the Georgia Legislature creating a new charter for the City of Columbus approved November 20th, 1890. Real estate. Sec. 22. 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. 23. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 1, 1923. COLUMBUS, CITY OF; CONFIRMATION OF TITLE. No. 588. An Act to confirm the sale of lots thirteen and sixteen in block thirty-nine in the plan of the commons of Columbus, 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 Page 570 of the same, That the sale by the Commons Commission of Columbus on January 25th, 1887, to E. Phillips of lots 13 and 16 in block 39 in the commons of the City of Columbus, Georgia, be and the same is hereby ratified and confirmed as of the date, January 25th, 1887. Sale ratified. Sec. 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 20, 1923. COLUMBUS, CITY OF; RATIFICATION OF CERTAIN CONTRACT. No. 540. An Act to ratify and confirm the provisions of that certain contract between the City of Columbus, the Central of Georgia Railway Company, and the Southwestern Railway Company, whereby provision is made for the construction of a viaduct over Thirteenth Street over the tracks of the said railway companies, a subway at Wynnton Road (also known as an extension of Eleventh Street), and portions of Twelfth and Thirteenth Streets are closed and the said railroad companies are given the right to use for railroad purposes the closed portions of Twelfth and Thirteenth Streets, all in the City of Columbus, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That that certain contract dated July 25th, 1923, between the City of Columbus, Central of Georgia Railway Company and Southwestern Railroad Company, whereby provision is made for the construction of a viaduct over Thirteenth Street over the tracks of the said railway companies, a subway at Wynnton Road (also known as an extension of Eleventh Street), and portions of Twelfth and Thirteenth Streets are closed, and the said railroad companies Page 571 are given the right to use for railroad purposes the closed portions of Twelfth and Thirteenth Streets, all in the City of Columbus, be and the same is hereby ratified and confirmed, the said contract being in words and figures as follows: Contract ratified. An agreement made and entered into this, the 25th day of July, 1923, between the City of Columbus, under an ordinance passed contemporaneously herewith, party of the first part; Central of Georgia Railway Company, a corporation created by and existing under the laws of the State of Georgia, hereinafter called Central Company, party of the second part; and Southwestern Railroad Company, a corporation created by and existing under the laws of the State of Georgia, hereinafter called Southwestern Company, party of the third part; the said two railroad companies being hereinafter described collectively as railroad companies, witnesseth: Wording of contract. 1. (a) The property in the City of Columbus lying between Thirteenth Street on the north, Wynnton Road (sometimes called Eleventh Street extension) on the south, Tenth Avenue on the east, and Sixth Avenue on the West, and shown colored on the attached map in green and red is (exclusive of the streets) owned by the Central Company and the Southwestern Company, the portion colored in green being owned by the former and the portion colored in red being owned by the latter. (b) Central Company is the lessee of the property of Southwestern Company under a lease dated October 17th, 1895, for a term of one hundred and one (101) years, and renewable for like periods upon the same terms forever. 2. (a) The ordinance of the City of Columbus above mentioned provides for the construction of a re-enforced concrete and steel viaduct on and over Thirteenth Street, beginning on the eastern side of Fifth Avenue and extending Page 572 on and over Thirteenth Street to the western side of Tenth Avenue in accordance with the plans and drawings on file with the City of Columbus. (b) The Central Company agrees to construct this viaduct for and on behalf of the City of Columbus, and will pay and assume all of the cost of construction of the same and the cost of the materials thereof, except (1) the City of Columbus will reimburse the Central Company for the cost of paving the viaduct and the sidewalks thereof as hereinafter provided; and (2) the proportion of the cost of the viaduct which the City of Columbus has under the said ordinance charged against the Southern Railway shall be reimbursed by the city to the Central of Georgia Railway Company under the conditions hereinafter stated. (c) The City of Columbus will reimburse the Central Company upon the completion of said viaduct the sum of eighteen thousand and 00/100 ($18,000.00) dollars for the cost of paving said viaduct and the sidewalks thereof. (d) If the Southern Railway Company should fail or refuse to pay its proportion of the cost or the maintenance of said viaduct assessed against it under said ordinance, the City of Columbus will diligently prosecute its legal remedies to enforce its rights against the Southern Railway Company in this respect, but if the City of Columbus should not be able to enforce or collect the proportion of the Southern Railway Company, the Central Company will absorb or assume the deficiency, and whatever amount is paid by or collected from the Southern Railway for or in respect of its proportion will be paid over by the City of Columbus to the Central Company to reimburse it. (e) The Central Company shall further pay and discharge and hold harmless the City of Columbus against any and all damages for personal injuries or homicides growing out of the construction of said viaduct. (f) The Central Company may employ sub-contractors to perform the work, but the Central Company shall remain Page 573 bound to the City of Columbus for the proper performance of the work. (g) The said Thirteenth Street viaduct when constructed shall become and remain the property of the City of Columbus. The said viaduct shall be maintained by the Central Company and by the Southern Railway Company on the basis of 29/33 of the cost of maintenance to the Central Company and 4/33 to the Southern Railway Company, but the City of Columbus shall maintain the paving of said viaduct and the sidewalks thereof. The Central Company shall install the necessary posts, fixtures, conduits and wires for the electric lighting of said viaduct, but the City of Columbus shall maintain the lighting for said viaduct, that is, furnish the electric current and renewal of globes and shades. 3. (a) The ordinance of the City of Columbus above mentioned also provides for the construction of a re-enforced concrete subway or underpass under the tracks of the railroad companies at Wynnton Road, beginning at a point one hundred and ninety-two and seventy-five one hundredths (192.75) feet from the eastern side of Seventh Avenue and running thence along Wynnton Road to a point one hundred and seven and forty-six hundredths (107.46) feet from the western side of Tenth Avenue, the plans and drawings of which subway or underpass are on file with the City of Columbus. (b) The Central Company agrees to construct this subway or underpass at Wynnton Road for and on behalf of the City of Columbus, and the Central Company will assume and pay the cost of all materials and the cost of construction of the same, excluding the paving of the roadway and the sidewalks thereof. (c) The Central Company shall pay and discharge and hold harmless the City of Columbus against any and all damages for personal injuries or homicides growing out of the construction of said subway or underpass. Page 574 (d) The Central Company may employ sub-contractors to perform the work, but the Central Company shall remain bound to the City of Columbus for the proper performance of the work. (e) The said subway or underpass at Wynnton Road, when completed, shall become and remain the property of the City of Columbus, but the Central Company shall maintain the said subway. (f) The roadway and sidewalks of Wynnton Road subway shall be constructed and maintained by the City of Columbus. (g) When the subway at Wynnton Road shall be built, the railway companies may from time to time build across said subway as many tracks as may be necessary for their railroad business. (h) The Central Company shall install the necessary posts, fixtures, conduits and wires for the electric lighting of said underpass, but the City of Columbus shall maintain the lighting for said underpass, that is, furnish the electric current and renewal of globes and shades. 4. (a) Upon the completion of said Thirteenth Street viaduct and the opening of the same to traffic, the City of Columbus will close Twelfth Street from the east side of the passenger depot one hundred and sixteen hundredths (100.16) feet from the east side of Sixth Avenue to a point one hundred and thirty-seven and nine-eight hundredths (137.98) feet from the west side of Tenth Avenue, and the Central Company shall have the right to fence said closed portion of Twelfth Street, and the City of Columbus shall have the right to reopen said portion of Twelfth Street at any time for a street, but if said portion of Twelfth Street shall be reopened, the City of Columbus shall build a viaduct over said portion of Twelfth Street at the cost and expense of the City of Columbus, and said viaduct shall be maintained by the City of Columbus, and no part of the cost of building a viaduct over said portion of Twelfth Page 575 Street, or of reopening said Twelfth STreet shall be imposed upon the railroad companies, parties hereto. Any structures or tracks which may be built or laid by the railroad companies in the closed portions of Twelfth Street and which may interfere with the building of the viaduct over Twelfth Street shall be removed at the expense of the Central Company. The City of Columbus shall not be liable to the railroad companies for any incidental damage to them caused by the construction of a viaduct in the future over Twelfth Street but the piers or supports of such viaduct shall be placed so as to as little damage as possible to the track outlay across said street. (b) Upon the completion of said Thirteenth Street viaduct and the opening of the same for traffic, the City of Columbus shall close that portion of Thirteenth Street under the viaduct extending the full width of the street from the western side of Ninth Avenue to a prolongation of the western boundary line of the Southwestern Railroad Company's property shown on the attached map colored in red. (c) When the said portion of Twelfth Street and Thirteenth Street shall be closed, the railroad companies, parties hereto, shall have the right to use for railroad purposes, said portions of said streets so closed, and shall have the right to cross said closed portions of said two streets with as many tracks as may be necessary or desirable, it being the intention of the railroad companies, parties thereto, to rearrange their yards at these locations and to construct additional tracks across said closed portions of said streets. 5. The City of Columbus will defend and hold the Central Company and the Southwestern Company harmless against any and all claims or suits for property taken or damages in consequence of the construction of the Thirteenth Street viaduct, the Wynnton Road underpass, the Page 576 closing of the portion of Twelfth Street above described, and the closing of the portion of Thirteenth Street above described. The Central Company will hold the City of Columbus harmless against any damages to the Compress Company (which occupies the property of the Central Company adjacent to Twelfth Street) growing out of the closing of said portion of Twelfth Street or damage to Compress Company growing out of the building in the future of a viaduct over Twelfth Street. 6. The Central Company shall promptly proceed with the additional necessary detail drawings and specifications for the Thirteenth Street viaduct and the Wynnton Road underpass and blue prints thereof shall be filed with the City of Columbus and when approved by the city manager shall become the official drawings and specifications of the City of Columbus, and any changes in the plans or specifications shall likewise be filed with the City of Columbus and be subject to the approval of the city manager and shall, thereupon, become official changes. The Central Company shall proceed with reasonable dispatch to let the contracts for said two projects and shall commence, prosecute and complete the same with reasonable dispatch. The work at all times shall be subject to the inspection of the city manager and shall be performed in a workman-like manner and upon the completion of said two projects in accordance with the plans and specifications, respectively, they shall be accepted by the city manager for and on behalf of the City of Columbus and declared open for traffic. The accounts and papers of the Central of Georgia Railway Company covering the cost of construction of the Thirteenth Street viaduct shall be open to the inspection of the city manager or any other person appointed by the city, and the cost of said viaduct shall upon its completion be ascertained and declared by the city manager. Page 577 7. The City of Columbus will join with the railroad companies in an application to the Legislature of Georgia to ratify and confirm the provisions of this contract whenever requested to do so by the Central Company, and if in the opinion of the Central Company, it shall be necessary or expedient to have such legislative ratification. 8. The covenants of this agreement are mutually dependent upon each other and shall insure to the benefit of the successors or assigns of the parties hereto. In witness whereof, the City of Columbus has caused these presents to be executed and delivered in its name and behalf by its mayor, and to be attested by its city clerk, and has caused its corporate seal to be hereto attached; and the Central Company and the Southwestern Company have each caused these presents to be executed by their respective corporate officers hereto duly authorized, and their respective corporate seals to be hereto attached; all done in triplicate the day and year first above written. Executed by the City of Columbus City of Columus, In the presence of By J. H. Dimon, C. E. Dimon. Mayor (Seal). H. L. Rosser, Attest: Milton Long, Notary Public, Muscogee County, Ga. City Clerk. (Seal) Executed by Central of Georgia Railway Company Central of Georgia Railway Co., In the presence of By W. A. Winburn, Eleanor V. Knorr. President (Seal). Daisy Shumate, Attest: Chas. F. Grove, Notary Public, Chatham County, Georgia. Secretary. (Seal) Page 578 Executed by Southwestern Railway Company Southwestern Railway Co., In the presence of By W. R. Cox, E. C. Scott. President (Seal). J. H. Lucas, Attest: Gordon I. Henderson, Notary Public, Ga., State at Large. Secretary. (Seal) Approved: H. C. McCutchen, City Attorney, Columbus, Ga. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1923. COLUMBUS, CITY OF; TAX FOR CURRENT EXPENSES. No. 214. An Act to amend the charter of the City of Columbus so as to confer power and authority upon said city to levy and collect for the purpose of paying the ordinary current expenses of said city an ad valorem tax upon all property located within the said city, subject to taxation, not exceeding seven mills, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. That the charter of the City of Columbus, in Muscogee County, Georgia, approved on November 29th, 1890, is hereby amended by adding an additional new section Page 579 following section fifteen and fifteen A-1 of said Act to be known as section fifteen A-2 and to read as follows: Act of 1890 amended. That for the purpose of paying the ordinary current expenses of the City of Columbus as defined in section 865 of the Civil Code adopted in 1910, said City of Columbus is hereby empowered and authorized to levy and collect an ad valorem tax upon all property within said city and subject to taxation under the laws of the State of Georgia, of not exceeding seven mills upon the value of said property. New Section 15 A-2. Sec. 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 31, 1923. COLUMBUS, CITY OF; TITLE TO CERTAIN REAL ESTATE. No. 242. An Act to empower and enable the commissioners of commons to convey to the City of Columbus, without consideration, and vesting the fee simple title in the City of Columbus to the following described real estate, to wit: That portion of Commons Block number thirty-four (34) now occupied by the city stables, that portion of block number thirty-five (35) now occupied by the city incinerator, that portion of block sixteen (16) lying west of the Southern Railway Company, so as to enable said City of Columbus to dispose of said property for value without any restrictions against the title thereof in the purchaser. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Page 580 Section 1. That the Commissioners of Commons of the City of Columbus are hereby empowered to convey to the City of Columbus without consideration and by such conveyance vest the fee simple title in the City of Columbus to the following described real estate, to wit: Power to convey. 1st. That portion of Commons Block number thirty-four (34) now occupied by the city stables, described as follows: Lots numbers two (2), three (3), six (6), seven (7), ten (10), and that part of lot number eleven (11), lying north of the Central of Georgia right-of-way in block thirty-four (34) of City Commons in the City of Columbus, Muscogee County, Georgia. Description. 2d. That portion of block number thirty-five (35) now occupied by the city incinerator described as follows: The portions of lots numbers thirteen (13), sixteen (16) and fifteen (15), lying south of the Y track of the Central of Georgia Railway Company in block thirty-four (34) and commencing at the northeast corner of Ninth Street and Seventh Avenue and running thence north along the east side of Seventh Avenue for a distance of 12.7 feet to a point, thence north seventy degrees fourteen feet east on a line parallel to and ten feet from the center line of the Y track of the Central of Georgia, for a distance of 310.2 feet to a point on the west line of Eighth Avenue, thence south along the west side of Eighth Avenue to the north side of Ninth Street, thence west along the north side of Ninth Street 295.5 feet to the point of beginning, containing in all 0.41 acres. 3d. That portion of block (16) lying west of the Southern Railway Company's right-of-way bounded as follows: East by the Southern Railway Company's right-of-way, north by Fifteenth Street, west by extension of Ninth Street and south by Fourteenth Street, in the City of Columbus, Muscogee County, Georgia. Sec. 2. That the commons commission is hereby empowered, enabled and directed to convey the above property Page 581 to the City of Columbus, and when conveyed, the City of Columbus is vested with the fee simple title to said lands and can sell and convey the same for value without any restrictions against the title thereof in the purchaser from the City of Columbus. Free from restrictions. Sec. 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 7, 1923. COOLIDGE CHARTER AMENDED. No. 172. An Act to amend an Act incorporating the Town of Coolidge in the County of Thomas, approved December 10, 1901, and the other Acts amendatory thereof; to provide that said town may incur debts and issue bonds for public improvements; to provide for the erection and maintenance of equipment without the corporate limits for the transmission of electrical energy; to provide for the creation of a water and light commission; to change the method of electing the marshal 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 Act incorporating the Town of Coolidge in the County of Thomas, approved December 10, 1901, and the several Acts amendatory thereof, be and the same are hereby amended as hereinafter stated. Act of 1901 amended. Sec. 2. Be it enacted, That section 1 of the amendatory Act, approved July 29, 1914, be and the same is hereby repealed. Section 1, Act of 1914, repealed. Sec. 3. Be it enacted, That the corporate limits of said town shall extend one-half mile in every direction from the Page 582 center of the intersection of Pine Street and Japonica Avenue as the same are now laid off and used in said town. Corporate limits. Sec. 4. Be it further enacted, That an election shall be held in said town on the first Monday in December of each year, and annually thereafter, for a mayor and six (6) councilmen to serve for one year and until their successors are elected and qualified; said election to be held in said town under the supervision of the justice of the peace of the district G. M., and of three freeholders resident in said town. The polls shall be opened by eight o'clock a. m. and closed at 5 o'clock p. m., standard time. No one shall be entitled to vote in said election, in any municipal election in said town, unless he is a duly registered voter of said town; said election shall be conducted in all respects as elections for members of the General Assembly in this State, except that only two lists of voters and two tally sheets need be kept, except as herein provided. Election for mayor and councilmen; conditions. Sec. 5. Be it further enacted, That section 5 of the amendatory Act approved July 29, 1914, be and the same is hereby repealed, and that there be substituted and enacted in lieu thereof the next section herein. Section 5 repealed. Sec. 6. Be it enacted, That the mayor and councilmen shall have power at any regular meeting to elect a clerk, marshal, policeman, chain gang keeper and guards, and a sexton or cemetery keeper and to prescribe their duties, compensation and term of service, and to require that each or any of said officers or employees shall give bond in such sum as may be prescribed by the mayor and councilmen; and they shall have power and authority to provide for the appointment of a health officer and a board of health, and to prescribe their powers and duties. A secretary and treasurer of said town shall be elected annually by a vote of the qualified voters of said town in the same manner and at the same time that elections are held for mayor and councilmen; and the mayor and councilmen shall make provisions for the holding of said election. City officers. Page 583 Sec. 7. Be it further enacted, That the mayor and councilmen shall have power and authority to incur debts and issue and sell the bonds of said town for the purpose of constructing, equipping, maintaining and operating lighting system, waterworks system, sewerage system, and any other public improvements for the benefit of said town and the inhabitants thereof. May incur debts and sell bonds. Sec. 8. Be it further enacted, That the mayor and councilmen shall have and they are hereby invested with power and authority to erect, equip and maintain electric light and power lines and equipment without the corporate limits of said town for the purpose of conducting electrical energy from any power plant or power line to said town for the use, benefit and convenience of its citizens, and to this end they are authorized and empowered to make all necessary contracts, and to make expenditures and to incur indebtedness, and to issue and sell bonds of said town for the purpose of raising funds to pay therefor. Light and power. Sec. 9. Be it enacted, That a commission be and the same is hereby created, to be known as the water and light commission, to be composed of three upright and intelligent citizens of said town, and whose duties and powers shall be as hereinafter named. At the regular meeting in November, 1923, the mayor and councilmen shall elect one commissioner to serve for a period of one year from December 1, 1923, and another commissioner to serve for a period of two years from December 1, 1923, and another commissioner to serve for a period of three years from December 1, 1923; and thereafter, at the regular meeting in November of each year, the mayor and councilmen shall elect a commissioner to take the place of the one whose term shall expire on the first of December, and whose term of office shall be for the period of three years. Said commissioners shall qualify by taking and subscribing to an oath to faithfully and impartially perform their duties as commissioner, and by giving such bond as may be required by the mayor and councilmen. They shall serve until their Page 584 successors are elected and qualified, and they shall be subject to removal by the mayor and councilmen for malfeasance in office or other good cause. They shall receive such compensation as shall be prescribed by the mayor and councilmen. The vacancies on the board shall be filled by the mayor and councilmen. The said commissioner shall have full power and authority to construct, operate and maintain the electric lighting system of said town, and to make such alterations, repairs and enlargements to the same as may seem desirable; and to take over, construct, maintain, equip and operate such power lines, power plants and other public utilities as may be delegated to them by the mayor and councilmen; and they shall have full power and authority to sell, upon such terms and conditions as they may prescribe, the power, products and privileges of such public utilities. The said commission shall have full power and authority to employ such engineers, officers and employees as may be necessary to carry out the purposes for which the said commission is created, and they are authorized and empowered to use the funds arising from the operation of such utilities for the equipment, repair, enlargement and operation of the same, together with such other funds as may be appropriated by the mayor and councilmen or delivered to them from the sale of bonds issued for any of said purposes. The said commissioners may adopt such rules and regulations for the protection and operation of the business under their control as they may deem proper, and when such rules and regulations have been approved by the mayor and councilmen by appropriate ordinance, they shall have the force and effect of ordinances of said town, and any person violating any one or more of said rules and regulations shall be tried as other violators of other ordinances of said town are tried, and upon conviction shall be punished as for violation of other ordinances of said town. The said commission shall keep an accurate set of books showing all receipts and expenditures in detail and shall make such regular report to the mayor and councilmen as may be required of them, and Page 585 shall as often as required deliver into the city treasury the net proceeds of the operation of the business under their control. All contracts made by the commission for light, power and other service for longer than one year shall be subject to the approval of the mayor and councilmen, and all expenditures for other than current operating expenses shall be subject to approval of the mayor and councilmen. Water and light commission. Sec. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 23, 1923. CORDELE CHARTER AMENDED. No. 401. An Act to amend an Act to provide a new charter for the City of Cordele; to define its limits; to provide for a commission form of government, approved August 15th, 1922, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act entitled an Act to provide for a new charter for the City of Cordele; to define its limits; to provide for a commission form of government, etc., approved August 15th, 1922, be and the same is hereby amended as follows: Act of 1922 amended. Section 1 (a). Be it enacted by the authority aforesaid, That section 14 of the said Act approved August 15th, 1922, be and the same is hereby amended by adding at the end of sub-sections (h) and (i) of said section 14 of said Act the following language, to wit: Provided, that the said city manager shall not be authorized to do or perform any of the acts or things set out in sub-sections (h) and (i) of Page 586 this section, without the approval in writing of the commissioners of the cit of a majority of them, when the expenditure, or the amount involved, in any particular transaction exceeds the sum of $500.00; and provided, further, that no contract, transaction, purchase or expenditure for any particular or specific purpose or subject matter shall be split or separated for the purpose or with the intent to evade the letter or spirit of this Act. Section 14 amended. (b) Be it further enacted by authority aforesaid, That sub-section (k) of section 14 of the Act approved August 15th, above mentioned, be and the same is hereby amended by striking therefrom the following language: when in his judgment it is necessary, and inserting in lieu thereof, the words with the consent and approval of the commissioners of the City of Cordele or a majority of them. Section 14 further amended. (c) Be it further enacted by authority aforesaid, That section 34 of the said Act approved August 15th, 1922, above mentioned, providing for the appointment of tax assessors be and the same is hereby amended by striking the words city manager where they occur in said section and inserting in lieu thereof the words the commissioners of the City of Cordele or a majority of them. Section 34 amended. Sec. 2-A. So that said sub-sections (h), (i) and (k) of section 14, as amended, will read as follows: Sub-sections (h,) (i) and (k), Section 14, to read. (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. (i) He shall make all contracts for city lights, street work, sewerage, sanitary work, gas light, paving, or in any other needful thing to be done for or in behalf of the city; Provided, that the said city manager shall not be authorized to do or perform any of the acts or things set out in sub-sections (h) and (i) of this section, without the approval in writing of the commissioners of the city or a majority of them, when the expenditure or the amount involved in any particular transaction exceeds the sum of Page 587 $500.00; and provided, further, that no contract, transaction, purchase or expenditure for any particular or specific purpose or subject matter shall be split or separated for the purpose or with the intent to evade the letter or spirit of this Act. (k) He shall, with the consent and approval of the commissioners of the City of Cordele or majority of them, employ a suitable engineer to make surveys, estimates, or lay out and construct any work or enterprise for the city. B. So that said section 34 as amended will read as follows, to wit: Section 34 to read. Sec. 34. Be it further enacted, That the commissioners of the City of Cordele or a majority of them 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 Commissioners of the City of Cordele or a majority of them. 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 assessors 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. Sec. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved August 6, 1923. Page 588 CORNELIA, CITY OF; STREET IMPROVEMENT AND TRAFFIC REGULATION. No. 267. An Act to amend an Act entitled an Act to incorporate the Town of Cornelia (now City of Cornelia) in the County of Habersham, approved October 22, 1887, Act of 1887, page 571, and Acts amendatory thereto conferring upon the Mayor and Council of the said City of Cornelia additional powers with reference to laying out, grading and paving and otherwise improving the streets and sidewalks of the said city and charging the abutting property owners with a portion of the expense of such improvements; to regulate the running of tractors, trucks and other vehicles on the streets of said city; to regulate the parking of automobiles and other vehicles on the streets of said city, 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 from and after the passage of this Act the said City Council of the City of Cornelia shall have the power to open and lay out such streets and alleys as the public interest of the said city may require; to widen, straighten, vacate, and otherwise change the streets, lanes, alleys and sidewalks of the said city and keep the same in good repair. The said council shall have power and authority to grade, pave or otherwise improve the streets of the said city and to charge the abutting property owners for a portion of the expenses incurred in making said improvements, not to exceed one-third (1/3d) of the total amount of said improvements along by the abutting property. Act of 1887 amended. Powers. When the said city council shall by ordinance or resolution declare to have any street, alley or public pass-way paved or improved and charged the abutting property owners with any portion of the expenses, said city shall publish the resolution or ordinance authorizing the paving Page 589 or improving of said street or alley or public pass-way in the newspaper printed in said city once a week for four weeks before commencing the said improvements, and if there is no paper published in the said city, then the publication shall be in the paper in which the sheriff's sales are advertised for the County of Habersham, once a week for four weeks, and this shall be all the notice necessary to be given to the abutting property owners to bind the said abutting property owners for their portion of the expenses, and the said expenses of the improvements made on said streets, alleys or public pass-ways shall be a debt due to the said city by the abutting property owners, and shall be a special lien on the abutting property and may be collected by execution as the other debts or taxes due the said city are collected. Publication of notice. Property owners pay portion of expenses. Be it further enacted by the authority aforesaid, That the Mayor and Council of the said City of Cornelia shall have full power and authority to pass such by-laws, rules and regulations governing the running of tractors or other heavy vehicles calculated to injure the streets of said city, and may prescribe the kind of tires to be used on such vehicles, and may bar altogether the use of tractors with cleats on the wheels calculated to injure the said streets from the streets of the said city. Regulations as to tractors, etc. Be it further enacted by the authority aforesaid, That the Mayor and Council of the said City of Cornelia shall have full power and authority to pass such by-laws, rules and regulations governing the parking of automobiles on the streets of said city, and shall have full power to prescribe what portion of the said streets may be used for parking and in the manner the same may be used. Parking regulations. Be it further enacted by the authority aforesaid, That this Act is not to repeal any of the existing rights or powers which the said City of Cornelia may have under its charter, but is to confer additional powers. Confers additional powers. Page 590 Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act are hereby repealed. Approved August 3, 1923. DALLAS, TOWN OF; WATERWORKS SYSTEM; BOND ELECTION. No. 466. An Act to amend an Act to authorize the Mayor and Aldermen of the Town of Dallas, Georgia, in the County of Paulding, to order and have held, an election by the qualified voters of the said town to determine whether or not bonds shall be issued; to authorize the issuing of bonds to be sold for the purpose of erecting, establishing and maintaining a system of waterworks and its appurtenances for the Town of Dallas; to authorize the issuing of said bonds; the assessment, levying and collecting a tax on all property in said Town of Dallas for the purpose of paying the interest and principal of said bonds, as provided by law, approved August 21, 1911, by striking the entire Section four (4) and two (2) of said Act, and inserting in lieu thereof a section to be numbered two (2), authorizing the mayor and aldermen to issue and sell bonds in such sums as voted, and in such amounts and denomination, dates of maturity and rates of interest, as deemed best by said mayor and aldermen, and the proceeds thereof to be used for the purchasing, constructing and completing of a water system for the said Town of Dallas, 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 an Act to authorize the Mayor and Aldermen of the Town of Dallas, Page 591 Georgia, in the County of Paulding, to order and have held, an election by the qualified voters of the said Town of Dallas, to determine whether or not bonds shall be issued, to authorize the issuing of bonds to be sold for the purpose of erecting, establishing and maintaining a system of waterworks and its appurtenances for the Town of Dallas; to authorize the issuing of said bonds; the assessment, levying and collecting the tax on all property in said Town of Dallas for the purpose of paying the interest and principal of said bonds as provided by law, approved August 21, 1911, be and the same is hereby amended by striking the entire Sections 2 and 4 of said Act, and inserting in lieu thereof the following section to be known as Section 2. Act of 1911 amended. Sec. 2. Be it further enacted by the authority aforesaid, That if said election herein provided for be in favor of bonds for the said Town of Dallas, the mayor and aldermen shall be and are hereby authorized to issue and sell the bonds of said town in such sum as voted, and in such amounts or denominations, dates of maturity, and rates of interest, as deemed best by said mayor and aldermen, said bonds shall not be sold for less than par. New Section 2. The proceeds from the sale of said bonds shall be used by said mayor and aldermen, for the purpose of purchasing, constructing and completing a waterworks system for the said Town of Dallas, which funds shall be kept separate and distinct from all other funds of said town. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. Page 592 DALLAS WATER, LIGHT AND SEWERAGE COMMISSIONERS; OFFICE OF, ABOLISHED. No. 476. An Act to amend an Act to create a new charter for the Town of Dallas, Georgia, in the County of Paulding, approved August 21, 1911, of the Acts of the Legislature of 1911, pages 1047-1089, and being No. 285, by striking therefrom the entire sections numbered 50, 51 and 52 of said Act, which pertains to the water, light and sewerage commissioners and the duties thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that the Act to create a new charter for the Town of Dallas, Georgia, in the County of Paulding, approved August 21, 1911, of the Acts of the Legislature of 1911, pages 1047-1089, being No. 285, be and the same is hereby amended by striking from said Act the entire sections numbered 50, 51 and 52, which pertains to the water, light and sewerage commissioners, and the duties thereof. Act of 1911 amended. Sec. 2. Be it further enacted, That from and after the passage of this Act, the Mayor and Aldermen of the Town of Dallas, Georgia, County of Paulding, shall perform all acts and duties heretofore required of said water, light and sewerage commissioners. Mayor and aldermen to perform duties. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. Page 593 DALTON, CITY OF; STREET IMPROVEMENT. No. 224. An Act amend an Act, approved February 24, 1874, amending and codifying the various Acts incorporating the City of Dalton, and the several Acts amendatory thereof so as to authorize and empower the City of Dalton, by its mayor and council, to establish and change the grade of any streets, avenues, alleys, lanes and other public places in the City of Dalton, and to improve the same by paving, macadamizing and draining the same; to provide for the procedure for such grading, improving and paving, and for making and collection of assessments for the same, and for establishing a loan therefor; to provide for the payment of such grading, improvement and paving entirely by the abutting and adjacent property owners on the basis of 10% yearly for ten years; to provide for the issuance of bonds by the City of Dalton by its mayor and councilmen to be known as Street Improvement Bonds, and for the payment of the same; to provide for the renewal of any such paving and other paving previously laid, and for other purposes. Section 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 several Acts heretofore passed by the Legislature creating a charter for the City of Dalton, Georgia, and the several Acts amendatory thereof are hereby amended as follows: Act of 1874 amended. Sec. 2. Be it further enacted that said City of Dalton, by its mayor and council, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes and other public places in the City of Dalton, and to improve the same by paving, macadamizing and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations described in this Act. Powers. Page 594 Sec. 3. Be it further enacted by the authority aforesaid, That whenever the said City of Dalton, by its mayor and council, shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane or any part thereof within the limits of the City of Dalton, said City of Dalton, by its mayor and council, shall by resolution or ordinance declare such work or improvement necessary to be done, and such resolution or ordinance shall be published once a week for two consecutive weeks in a daily or weekly newspaper published and having a general circulation in the City of Dalton; and if the owners of more than one-half of the linear front feet of the land fronting on such improvement and liable to assessment to pay for such improvement on such street, avenue, alley, lane or highway, shall not within fifteen days after the last publication of such resolution or ordinance file with the clerk of said City of Dalton their protest in writing against such improvement, then said City of Dalton, by its mayor and council, shall have power to cause such improvements to be made and to contract therefor and to levy assessments as herein provided for. Any number of streets, avenues, alleys, lanes, or other public places or parts thereof to be so improved may be included in one resolution or ordinance, but any protest or objection shall be made as to each street or other highway separately, except when treated as one project, as hereinafter provided. Provided, however, that if the owners of more than one-half of the front feet of of the land liable to assessment for any such improvement shall petition the City of Dalton for such improvement of any street or part of street, alley, lane or avenue, or other public place described in such petition, the character of the improvement desired, the width of the same and the materials preferred by petitioners for such improvement, it shall thereupon be the duty of said City of Dalton by its mayor and council to promptly cause the said improvement to be made in accordance with the prayer of said petition, and in such cases the resolution or ordinance Page 595 hereinbefore mentioned shall not be required. Provided, however, that where two or more streets running in the same general direction from one continuous way they may be treated as one street, and the improvement thereof, as in this Act provided, shall constitute one project and shall be dealt with accordingly as to resolutions, ordinance or petition of property owners or protest by property owners or other proceedings. Ordinance to be published. Proviso. Sec. 4. Be it further enacted by the authority aforesaid, That the lots, pieces, or parcels of land fronting and abutting upon both sides of said improvements shall be charged with the cost thereof, and each property owner to pay his pro rata portion of the entire cost on his particular street or continuous street improvement in one project according to the linear frontage of the property owned by each property owner on the portion of the street or streets improved; Provided, that the City of Dalton, by its mayor and council, may in its discretion in the foregoing resolution or ordinance provide that the frontage of intersecting streets, avenues, alleys, or lanes shall be assessed as real estate abutting upon the street, alley, lane or avenue paved or otherwise improved, in which case said City of Dalton shall be for all intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, or avenue or project, and shall possess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, avenue or other project, and shall pay from the city treasury a just pro rata of the entire cost of said work or improvement for the said frontage. Such payment to be made out of the general fund of the City of Dalton accruing from taxes collected during the current year. Pro rata cost. Proviso. Sec. 5. Be it further enacted by the authority aforesaid, That whenever the petition provided for in Section 3 of this Act is presented or when the City of Dalton, by its mayor and council, shall have determined to pave or improve Page 596 any street, avenue, lane, or alley or other public place, and shall have passed the resolution or ordinance provided for in Section 3 of this Act, the said City of Dalton, by its mayor and council, shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the entire cost of such improvement, and to cause to be put in and constructed all water, gas or sewer pipe in and underneath the streets, avenues, lanes, alleys and all other public places where such public improvements are to be made, and all cost and expense for making such connection shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvements. Rules and regulations. Sec. 6. Be it further enacted by the authority aforesaid, That after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of the petition for such improvement signed by the owners of more than one-half of the linear front feet of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the said City of Dalton, by its mayor and council, 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 said city 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 other such matters as may be necessary to instruct the agent or engineer of said city in the performance of his duties in preparing for such improvements the necessary plans, plats, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Dalton shall deem proper to impose with reference to letting the contract and the provisions therefor, and the said city shall by said resolutions provide that the contractor Page 597 shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution for the maintenance of good condition of such improvement for a period of not less than five years from the time of its completion, or both, in the discretion of said city. Said resolution shall also direct the agent or engineer of said city to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice for such proposals shall state the street, streets or other public places to be improved, the kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid and shall state the time when and the place where such sealed proposals shall be filed and when and where the same will be considered by said City of Dalton. Said notice shall be published once a week for two consecutive weeks in a daily or weekly newspaper having a general circulation in the City of Dalton. At the time and place specified in such notice the City of Dalton, by its mayor and council, shall examine all bids received and without unnecessary delay award the contracts to the lowest and best bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said City of Dalton as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the agent or engineer of said city with the plans and specifications, and the said city shall have the right to reject any and all bids and re-advertise for other bids when any such are not in its judgment satisfactory. Specifications. Bond of contractor. Advertise for proposals. Page 598 Sec. 7. Be it further enacted, That as soon as the said contract is let and the cost of such improvements, which shall include all other expenses incurred by the city incident to such improvements in addition to the contract price for the work and materials, is ascertained, the said City of Dalton, by its mayor and council, shall, by resolution, appoint a board of appraisers consisting of its agent or engineer, the clerk of the said city and a member of the board of tax assessors to appraise and apportion the cost and expense of the same to the several tracts of land abutting on such improvement. Within ten days from the date of the resolution appointing said board, the said board shall file a written report of the appraisal and assessment and apportionment of such expense and cost to the several lots and tracts of land abutting on such street, streets, alleys, lane, avenue or other public place so improved, with the clerk of said city. When said report shall have been returned and filed, the said city shall appoint a time for the holding of a session of its mayor and council, or shall designate a regular meeting of its mayor and council for the hearing of any complaints or objections that may be made concerning the said appraisement, apportionment and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by the clerk of said city at least once a week for two consecutive weeks in a daily or weekly newspaper having a general circulation in said city, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the last publication. The said mayor and council at said session shall have power to review and correct said appraisement, apportionment and assessment and to hear objections to the same and to confirm the same either as made by said board or as corrected by said mayor and council. Assessments in conformity to said appraisement and apportionment as confirmed Page 599 by said mayor and council shall be payable in ten equal installments, and shall bear interest at the rate of 7% per annum until paid, payable, in each year at such time as the several installments of the assessments are made payable each year. The said mayor and council shall by ordinance levy assessments in accordance with the said appraisement and apportionment as so confirmed against the several tracts of land liable therefor, and shall cause said appraisement and apportionment to be recorded on the mortgage records of Whitfield County duly certified as correct by the clerk of the council; and when so recorded, the charges assessed against the various parcels of land shall become a first lien thereon, superior to all other liens except those to the State of Georgia, the County of Whitfield, and the City of Dalton. Board of appraisers; duties. Written report. Assessments. Assessments, levy. First lien on. Sec. 8. Be it further enacted by the authority aforesaid, That the first installment of said assessments, together with interest to that date upon the whole shall be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; Provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on September first of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessment within thirty days from the date of the passage of said 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 of Dalton and relieve their property from the lien of said assessment, which money so paid to said treasurer shall be disbursed pro rata between the contractor and the city in proportion to the respective interests. Installments, when payable. Proviso. Page 600 Sec. 9. Be it further enacted by the authority aforesaid, That such special assessment and each installment therefor and the interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same co-equal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such liens shall continue until such assessment and interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. Special assessments, liens. Unmatured installments. Sec. 10. Be it further enacted by the authority aforesaid, That the said City of Dalton, by its mayor and council, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessments shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said City of Dalton, by its mayor and council, shall determine which bond or bonds shall in no event become a liability of the City of Dalton, or its mayor and council issuing same. One-tenth in amount of any such series of bond with the interest upon the whole series to that date shall be payable on the 15th day of September next succeeding the maturity of the first installment of the assessments, and interest, and one-tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the 15th day of September in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding 7% 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 or streets, part of street or streets or other public places for the improvement of which they have been issued and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvements under authority of this Act. Said Page 601 bonds shall be signed by the City of Dalton, by the mayor, and attested by the clerk of council, and shall have the impression of the corporate seal of such city thereon and shall have interest coupons attached and all bonds issued by authority of this Act shall be payable to bearer at such place either within or without the State of Georgia as shall be designated by said mayor and council. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said mayor and council, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said mayor and council shall direct. Said bonds may be registered by the said clerk of council in a book to be provided for that purpose and certificates of registration by clerk of said city shall be indorsed upon each of said bonds. Bonds. Interest. Sale; proceeds. Sec. 11. Be it further enacted by the authority aforesaid, That the assessments provided for and levied under the provisions of this Act shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of the City of Dalton, who shall give proper receipt for such payment. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made and such collections shall be kept in a special funds to be used and applied for the payment of such bonds and the interest thereon and for no other purpose. It shall be the duty of said treasurer not less than thirty days and not more than forty days before the maturity of any installment of such assessments to publish in a daily or weekly newspaper having a general circulation in said city, once a week for two consecutive weeks, a notice advising the owner of the property affected by such assessment of Page 602 the date when such installment and interest will be due, and designating the street or streets, or other public places for the improvement of 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. And it shall be the duty of said treasurer, promptly at the date of the maturity of any such installment or assessment and interest, and on or before the 15th day of September of each year, in case of a default in payment of such installment or assessment with interest, to issue an execution against the lots or tract of land assessed for improvement or against the party or person owning the same for the amount of such assessment with interest, and shall turn over the same to the marshal of the City of Dalton, or his deputy, who shall levy the same upon the adjoining 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 of said city, the same shall be sold at public outcry as in other city tax sales, to the highest bidder, and such sales shall vest an absolute title in the purchaser subject to the lien of the remaining unpaid installments or assessments with interest; Provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits 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. All affidavits shall set out in detail the reason why the affiant claims the amount is not due, and when received by the city marshal shall be returned to the superior court of Whitfield County, Georgia, and there tried and the issue determined as in cases of illegality, and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia and it shall be the duty of the judge of said superior court to give preference to the trial of these cases over all other cases pending in said Page 603 court, the failure of the said treasurer to publish said notice of the maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor. Assessments payable to treasurer. Duty of treasurer. Notice of assessments. Execution to issue. Sale. Proviso. Sec. 12. Be it further enacted by the authority aforesaid, That no suit shall be sustained to set aside any such assessment or to enjoin the said City of Dalton or its mayor and council from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any ground or for any reason, other than for the failure of the City of Dalton, by its mayor and council, to adopt and publish the preliminary resolution or ordinance provided for in Section 3 of this Act in cases requiring such resolution or ordinance and its publication, and to give the notice of the hearing of the appraisers as herein provided for, unless such suit shall be commenced within sixty 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 for any reason whatsoever, the said mayor and council may at any time in the manner provided for the levying an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Suits must commence within 60 days. Proviso. Sec. 13. Be it further enacted by the authority aforesaid, That in all cases where the City of Dalton, by its mayor and council, shall deem it necessary to repave, redrain, remacadamize or otherwise improve any street, alley, avenue, lane or other public place, which had been paved or improved prior to the passage of this law, such pavement or improvement is hereby authorized to be done under and in pursuance of the provision of this Act, and in such cases all provisions of this Act for making such improvement and levying assessments therefor and the issuance of bonds shall apply; Provided, that in the judgment of said mayor Page 604 and council of said city the pavement is worn out and no longer serviceable. It not being the intention of this Act to repeal any present or existing laws for the paving or improving the streets of Dalton, but it is intended for this Act to be cumulative as to all such improvements in said city. Former work repaired. Proviso. Sec. 14. Be it further enacted by the authority aforesaid, That the publication of all notices in a daily or weekly newspaper called for in this Act shall be the number of days therein specified exclusive of Sundays and legal holidays. Publication of notices. Sec. 15. Be it further enacted by the authority aforesaid, That whenever the abutting land owners of any street, alley, avenue or lane of said city petition the City of Dalton as herein set out, or the mayor and council of said city pass the resolution or ordinance provided for in Section 3 of this Act, for the pavement of any said street, avenue, alley or lane or other public place, where the State or any of its political sub-divisions, is the owner of any property on said street, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purposes of assessment; and where the State is the owner of the property the Governor is authorized to sign any petition provided for in this Act, for and in behalf of the State, and where the county is the owner the chairman of the Board of Roads and Revenues of Whitfield County is authorized to sign in behalf of the county; and where the City of Dalton is the owner the mayor of Dalton is authorized to sign in behalf of the city. Additional regulations. Sec. 16. Be it further enacted, That all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved July 19, 1923. Page 605 DAWSON, CITY OF; STREET IMPROVEMENT. No. 457. An Act to repeal an Act amending the charter of the City of Dawson, approved August 19th, 1918, and to amend the Act incorporating the City of Dawson, approved August 7th, 1909, so as to authorize the City Council of Dawson to provide for the paving of any of the streets within the corporate limits of the City of Dawson, and to apportion and assess two-thirds of the cost of such paving against abutting property owners; to provide for the lien of assessments for paving, the method of enforcing the collection of such assessments, and to authorize the issuance of notes or bonds against such assessments, and for other purposes. Section 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 amending the charter of the City of Dawson, approved August 19th, 1918, as found embodied in the Acts of 1918, pages 689, 690 and 691, be and the same is hereby repealed. Act of 1918 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the charter of the City of Dawson, which was approved August 7th, 1909, be and the same is hereby amended so as to authorize the City Council of Dawson to pave or cause to be paved any or all of the streets, alleys and lanes within the corporate limits of the City of Dawson, in accordance with the provisions of this Act, hereinafter set forth. Charter amended. Sec. 3. The City Council of Dawson shall have full power and authority to provide by ordinance or resolution for the paving of any street, lane or alley within the corporate limits of the City of Dawson, and the term paving herein shall include grading, excavating, engineering and all other things usual and incident to the proper paving Page 606 of any street, and to this end the City Council of Dawson shall have authority to prescribe the material to be used for such paving, the manner in which the same shall be done, whether by contract or otherwise, and to apportion the cost of said paving in accordance with the provisions of Section four of this Act. Providing for paving. Sec. 4. Whenever it shall be determined under the provisions of the foregoing sections that any street, lane or alley within the corporate limits of the City of Dawson shall be paved, then the total cost of said paving to be apportioned shall include the grading, excavating, engineering, and all other things usual and incident to the proper paving of any street, and shall include all intersections. When the total cost as aforesaid has been determined, then the City of Dawson will be liable for one-third of said total cost, and abutting property owners along both sides of such paved street, lane or alley shall be liable for the other two-thirds of said total cost of paving, and each abutting property owner, along said paved street, lane or alley, shall be liable for his pro rata share of said two-thirds of the total cost of paving, which pro rata share shall be calculated in accordance with the ratio which his abutting property front footage bears to the property front footage along both sides of said paved street, lane or alley. Cost, apportionment. Sec. 5. The assessments for paving as herein provided shall be made against all abutting property owners, whether such abutting property owner be an individual, corporation, society, church, municipality, county or other legal entity, and whenever it has been determined what such abutting property owner owes for his pro rata share of said paving, then the amount of such paving assessment shall constitute a lien against such owner and his abutting property, which lien shall be superior to all other liens, whether created before or after the paving is laid, except the lien of State and county and municipal taxes. Said assessment liens as herein provided for shall be in favor of the City of Page 607 Dawson and may be enforced by the issuance of fi. fas. against said owner and said abutting property, as other tax fi. fas. are issued and enforced. Assessment a lien against property. Fi. Fas. Sec. 6. The City Council of Dawson shall have power and authority to provide for the paying of said paving assessments in installments of equal amounts; Provided, that no installment shall mature more than ten years from the time the assessment lien arises against said property, and to provide further that such installments may bear 8 per centum per annum interest from the date of such assessment lien. In the event that provision is made for the payment of such paving assessments in installments as herein provided, then fi. fas. shall be issued against every abutting property owner and his abutting property for the full amount of such paving assessment as may be due, which fi. fas. when issued shall stipulate how said fi. fas. shall be paid, that is the principal amount of each installment, when the same is due, and the amount of interest that is due and payable with each installment. Installments. Proviso. Sec. 7. The paving assessment fi. fas. herein provided for shall be the property of the City of Dawson, but the City Council of Dawson shall have the power and authority to transfer said fi. fas. for the purpose only of paying any debt which the City of Dawson may owe for paving, and the transferees of such paving fi. fas. shall be subrogated to all the rights which the City of Dawson had in and to said fi. fas. The fi. fas. herein provided for shall be signed by the mayor and clerk, and the same officers shall have authority to sign any transfer on said fi. fas. Fi. fas. Sec. 8. The City Council of Dawson shall have the power and authority to execute its promissory note or notes for the purpose of paying any debt for paving which it may owe; Provided, that the principal amount of said note or notes does not exceed the amount due the City of Page 608 Dawson on paving assessment fi. fas. held by the City of Dawson at the time of the execution of said notes. The City Council of Dawson shall have power and authority to authorize the execution of the note or notes herein provided for by its mayor and clerk, and said note or notes when executed in conformity with the provisions of this section shall be paid only from funds derived by the City of Dawson from the collection of assessment fi. fas. issued and held by the City of Dawson, and shall not be paid from any other funds held by the City of Dawson and the funds derived from the collection of paving assessment fi. fas. held by the City of Dawson as herein provided shall not be used for any other purpose by the City of Dawson except to pay said notes, aforesaid. The City Council of Dawson shall have power and authority to issue in lieu of the promissory notes herein provided for, bonds to be designated as paving assessments bonds, upon the same condition and with the same provision as is herein provided for the issuance of promissory notes. Said bonds when issued, shall be signed by the mayor and clerk and shall be paid only from funds derived by the City of Dawson from the collection of paving assessment fi. fas. and whenever the City of Dawson shall have outstanding any promissory note or any paving assessment bond as herein provided for, then the funds collected on assessment fi. fas. shall be used for no other purpose except to pay off such note or bond as the case may be. Notes. Proviso. Bonds in lieu of notes. Sec. 9. The City Council of Dawson is hereby empowered to pass all ordinances and resolutions which may be necessary to carry out the provisions of this Act. Sec. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1923. Page 609 DOUGLAS CHARTER AMENDED. No. 130. An Act to amend the Act approved December 20th, 1899, creating and incorporating the City of Douglas, and the Acts amendatory thereof so as to provide for the collection of all charges accruing against any citizen or property owner by reason of the removal of obstructions in the streets, lanes, alleys or sidewalks of said city or the abatement and removal of nuisances therein by the city, after notice to such citizen or property owner, by the summary issuance and enforcement of execution for such charges; to provide for the adoption of the present official map of said city and to define the corporate limits thereof; to provide for a method of assessing and equalizing the values of city property for taxes, without reference to the owners thereof, the issuance of executions for the enforcement of such taxes against said property in rem, which method shall be cumulative to that now provided by law and enforcible at the option of the governing authorities of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That 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: Act of 1899 amended. Sec. 2. In case of the removal by the authorities of the City of Douglas of any obstruction of any kind or character on any of the streets, lanes, alleys, ways or sidewalks of said city, or in case of the removal or abatement of any nuisance of any kind, character or description within said city where the work of abatement or removal is done by said city; and where in such cases of obstructions or nuisances the property owner or citizen responsible therefor shall have failed to remove the same after due notice Page 610 and hearing as now provided by law; the costs of such work of removal or abatement shall be chargeable to the person responsible therefor or the owner of the property upon which the same exists, either or both, and such costs of removal or abatement shall be enforcible and collectible from such citizen or property owner by the issuance of an execution therefor, in the same manner that executions are issued for paving and street improvement, shall be enforcible in the same manner as such executions shall be subject to the same defenses and rules governing such executions issued for paving or street improvement, and shall have and be a lien of equal dignity and rank; Provided, however, that in cases of sales of real or personal property under the executions herein provided, the full title thereto shall pass, there shall be no right of redemption by the owner, but such sale shall be final and conclusive and the purchaser thereat shall be vested with the full title to the property sold and entitled to immediate possession. Removal of obstructions, nuisances, etc. Costs. Proviso. Sec. 3. The present city map of the City of Douglas, prepared by D. H. Peterson, surveyor, and formally adopted by the ordinances of said city as the official map thereof, is hereby declared to be the true and correct map of the territory embraced in the corporate limits of said city, with the addition of that territory described in a certain deed from the Board of Education of Coffee County, Georgia, to the City of Douglas, dated April 3d, 1923, and duly of record in the office of the clerk of the superior court of Coffee County, Georgia, in Book 42, pages 467 to 468, as shown on said map; which additional territory is expressly declared to be a portion of the territory embraced within the City of Douglas; and said map, with said additional territory shown, shall be conclusive evidence on the question of the territorial limits of said city. Corporate limits. Sec. 4. In addition to the method now provided for the receiving of tax returns in the City of Douglas, and the valuation and equalization of the same by the board Page 611 of tax assessors or equalizers and the collection of such taxes by execution, the mayor and council of said city, at their election, may adopt in any year they may think proper a system for the assessment of the value of the real property in said city without regard to the ownership of said property, by an ordinance to this effect enacted on or before March 1st, in such year and duly published as provided in cases of general ordinances. In the event of such adoption of such system the said mayor and council shall elect a board of tax assessors and equalizers in such year, whose duty it shall be to assess all real estate, following the map or plan of said city as shown by its official map, in their discretion, and assessing each lot therefor and the improvements thereon, according to the block, square and lot number, and when each assessment is made; full power and authority is hereby given to those officers of said city whose duty it is to issue executions, to issue and collect them against the property taxed. Said board of assessors shall be elected as now provided by the laws of said city and shall consist of three freeholders of said city, and shall qualify as now provided by law. In the event of the adoption of this system of taxation and valuation the authorities of said city are hereby relieved of the duty of assessing taxes, issuing executions therefor, and collecting the same, out of the owner of the real estate, whether such owner be known or unknown, but said assessment and the executions issued for said taxes shall be against the property itself and shall proceed solely in rem; Provided, the assessment of tax shall otherwise conform to all the laws regulating tax assessments as to uniformity on all property. In the event of the adoption of the system herein provided for assessing said taxes against the property itself and proceeding in rem for the enforcement of the collection of the same no tax return of real property shall be required of any property owner in said city, but the assessment scheme herein provided shall stand in lieu thereof. This system of assessment and taxation shall be cumulative to the method now provided Page 612 by law for said city and shall be operative only upon the passage of an ordinance directing its adoption for the year in which the same is to be used on or before the date herein named and publication as herein provided. Under the plan of taxation herein provided no notice of assessments to property owners shall be required but said board of tax assessors shall complete their work of assessment on or before the first Monday in October of the year in which such assessments are made and shall file the same with the clerk of said city, subject to inspection by all parties at interest. Said board of tax assessors shall meet on the second Monday in October in each year in the city hall of Douglas for the purpose of considering any complaints or objections as to the valuation fixed by them; and shall continue in session from day to day until all complaints or objections are disposed of; and any property owner or his agent shall have the right to appeal from the decision of the board of tax assessors to the City Council of the City of Douglas upon written notice being given to said board of assessors of his intention to do so within five days from the decision so rendered by the board of assessors. Tax assessment. Tax assessors. Proviso. Right to appeal. It shall then be the duty of the City Council of the City of Douglas to set a time for the hearing of such complaints and objections according to law. Sec. 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 15, 1923. DUBLIN CHARTER AMENDED. No. 447. An Act to amend an Act establishing a new charter for the City of Dublin, approved August 15, 1910, and all Acts amendatory thereof; to provide for the qualification Page 613 of voters in said municipality; to provide for levy and collection of a street tax in said city; to provide for a reserve fund to be annually set aside by the Water and Light Commission of the said City of Dublin, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act that an Act establishing a new charter for the City of Dublin, approved August 15, 1910, and the Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1910 amended. Sec. 2. That Section 7 of said charter shall be amended by striking therefrom the word male in the first line of said section, so that said section shall read as follows: Section 7 to read. 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 and had his domicile in the State of Georgia for one year and in the County of Laurens for six months and the City of Dublin for three months next preceding the date of election and who shall have paid all State and county taxes since the adoption of the present Constitution of the State of Georgia and who shall have paid all municipal taxes and licenses and done all work on streets to and by the City of Dublin since the approval by the Governor of this charter, and who are otherwise qualified to vote for members of the General Assembly of the State of Georgia and who have registered as hereinafter provided, shall be qualified to vote at any election held in the City of Dublin under charter. Qualification of voters. Sec. 3. Section 59 of said charter shall be amended by striking therefrom the word male in the 15th line of said section so that the sentence of said section shall read as follows: Section 59 to read. Page 614 They shall also have power and authority to levy and collect a street tax on every inhabitant of the city subject to road duty between the ages of 16 and 50 years; Provided, said street tax shall not exceed the sum of three dollars per annum for each person; and provided, further, that such person may satisfy the same by working ten days on the streets under the direction of the city authorities; in case of a failure to do said work or pay said street tax the mayor and board of aldermen may enforce the same by fines, execution or compulsory labor on said streets at their direction. Street tax. Proviso. Sec. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of and the said Water and Light Commission of said City of Dublin is hereby expressly required to set aside annually a reserve fund of not less than $2,000.00 and not more than $4,000.00 to be derived from the revenue received from the sale of electric current, which shall not be expended except by said commission for replacement or extension of machinery or equipment for electrical generating purposes. Reserve fund. 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, 1923. DUBLIN, CITY OF; CHARTER AMENDMENT; ELECTION TO RATIFY. No. 448. An Act to amend an Act to establish a new charter for the City of Dublin, approved August 15, 1910, and all Acts amendatory thereof; to provide authority for the mayor and aldermen of said city to prohibit or restrain all tables, machines, devices or places of any kind for Page 615 amusement or for sport or games, including pool or billiard rooms and tables; to provide authority for zoning of the City of Dublin by the mayor and aldermen thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act that an Act establishing a new charter for the City of Dublin, approved August 15, 1910, and all Acts amendatory thereof, be and the same are hereby amended as follows, to wit: Act of 1910 amended. Sec. 2. That the Mayor and Aldermen of the City of Dublin are hereby authorized and empowered by ordinance, by-laws and resolutions to restrain or prohibit all tables, machines, devices or places of any kind for amusement, or for sport or games, including pool or billiard rooms and tables within the said city and to inflict penalties for the violation of the same. Tables, machines, etc., for game. Sec. 2-a. This enumerated power shall not be construed or intended to curtail or abrogate any other authority or privilege heretofore given said city government by this Act or any Act or Acts heretofore passed, but shall be in addition to and in aid of such powers thus granted. Additional powers. Sec. 3-a. The Mayor and Aldermen of the City of Dublin 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 Dublin 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 dimension 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 regulation may be based upon any one or more of the purposes above described. The said City of Page 616 Dublin 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 shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of the districts and regulations, classifications may be based on the nature or charter 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 relevant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare. Zoning regulations. Sec. 3-b. For the reasons above stated the Mayor and Aldermen of the City of Dublin 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 residents thereof. No such ordinance or amendment authorized by either section or Section 3-a shall be adopted except by three-fourths vote of the board of aldermen. Residence zones. Sec. 3-c. No ordinance adopting zoning regulations as above authorized shall be passed by the Mayor and Aldermen of the City of Dublin until after a comprehensive plan for the zoning of the city has been prepared and submitted to the mayor and aldermen by one of the regular committees of the board of aldermen to which said matter has been referred, or, in the discretion of the mayor and aldermen, by a special committee or commission appointed by them to consist of members of the board of aldermen 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 aldermen, shall have the power to employ expert help in the preparation of said zoning plan. Whenever Page 617 said committee or commission to whom the matter of preparing a plan for zoning has been referred 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 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 Dublin. Plan to be submitted. Sec. 3-d. The mayor and aldermen 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 the board of aldermen 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 aldermen 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 90 days of the filing of same by the petitioners with the city clerk. May amend ordinance. Sec. 3-e. The zoning laws and rules and regulations shall be made by the mayor and aldermen and shall be enforced and administered by the building inspector of said city. The mayor and aldermen shall hear and decide appeals from and review any order, requirement, decision or determination made by the inspector of buildings in the enforcements of the zoning regulations. The mayor and aldermen 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 Page 618 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. Regulations; how made and enforced. Sec. 3-f. Every decision of the mayor and aldermen 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. Review by certiorari. Sec. 4. Be it further enacted by the authority aforesaid, That none of the provisions of this Act shall become effective until after the same shall have been ratified by a majority of the qualified voters of the City of Dublin voting in an election for that purpose as herein provided for. Effective when ratified. Sec. 5. Be it further enacted by the authority aforesaid, That the mayor of the City of Dublin shall submit this Act to the qualified voters of the City of Dublin in the next general election that shall be held in said City of Dublin after the passage of this Act, for the purpose of electing a mayor and aldermen for the City of Dublin; that any person qualified to vote in said election for mayor and aldermen shall be qualified to vote for the ratification or rejection of this Act; same rules, laws and regulations under which said election for municipal officers shall be held shall govern and control the election for approval or rejection of this Act; that said election shall be called by the mayor 30 days before the day of the next general election, and shall be deemed by this Act to have been so called. Election for ratification. Sec. 6. Electors voting for the ratification of this Act shall have printed on a ballot, the following words, to wit: For authorizing the mayor and aldermen by ordinance to abolish and prohibit and restrain all tables, machines, devices Page 619 or places of any kind for amusement or for sport, or for games including pool or billiard rooms and tables. For authorizing the mayor and aldermen to authorize zoning of the City of Dublin by ordinance. Electors against the ratification of this Act shall have printed on their ballots the following words, to wit: Against authorizing the mayor and aldermen by ordinance to abolish and prohibit and restrain all tables, machines, devices or places of any kind for amusement or for sport, or for games, including pool or billiard rooms and tables. Against authorizing the mayor and aldermen to authorize zoning of the City of Dublin by ordinance. Ballots. Sec. 7. If a majority of the qualified voters who vote in the election herein called for vote in favor of ratification of this Act, then this Act shall be and become a part of the charter of the City of Dublin. In the event less than a majority of the qualified voters who vote in the election herein provided for vote against ratification of this Act, or in case of a tie, then the provisions of this Act shall be of no effect. Majority vote to decide. Sec. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor of the City of Dublin to appoint such necessary election managers and clerks as may in his discretion be required, for the purpose of holding such election. It shall be the duty of the managers of said election to count the ballots that are cast for or against ratification of this Act, and certify the same to the mayor of the City of Dublin, and it shall be the duty of the mayor to declare the result of said election by a proclamation within 5 days after said election. The ballot cast for or against the ratification shall be deposited by the election managers in a box and sealed and delivered into the custody of the clerk of the city council, who shall be required to safely keep the same for a period of 90 (ninety) days, and in the event no contest or proceeding shall be instituted Page 620 within said period of time, the clerk of city council shall destroy same. Election managers and clerks; duties. 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, 1923. EAST LAKE, TOWN OF; ZONING REGULATIONS. No. 585. An Act to amend the Act establishing a new charter for the Town of East Lake, DeKalb County, approved August 16, 1910, 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 hereby enacted by authority of the same, That an Act establishing a charter for the Town of East Lake, DeKalb County, approved August 16, 1910, and the several Acts amendatory thereof, be and the same is hereby amended as follows: Act of 1910 amended. Section 1-a. Zoning Regulation. The mayor and town council 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 district or zoning of the town 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 the buildings or other structures or the area or dimensions of the lots or of the 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 town may be divided into such number of zones or districts and Page 621 such districts may be of such shape and area as the mayor and town council may 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 of 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 premises or upon any other basis relative to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare. Zoning regulations. Section 1-b. Residence Sections. For the reasons above stated, said mayor and town council 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 to provide therein the class or classes of residents to be housed therein, the quality and character of houses to be built, and to provide therein such other and similar regulations and restrictions as shall secure the peace, health and good order of the town and residents thereof. No such ordinance or amendment thereto authorized by either of the above sections shall be adopted except by three-fourths vote of the town council. Residence zones. Section 1-c. Preparation of Plan; Notice and Hearing; Ordinance. No ordinance adopting zoning regulations as above authorized shall be passed by the mayor and town council until after a comprehensive plan for the zoning of the town has been prepared and submitted to the mayor and town council by one of the regular committees of council to which said matter has been referred, or, in the discretion of the mayor and town council, by a special committee or commission appointed by them to consist of members of the council or of citizens or of both. Such a committee or commission to whom said matter shall have been referred, if authorized thereof by the mayor and council, shall have Page 622 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 town council a plan for the zoning of the town, the mayor and town council shall hold a public hearing thereon and shall give thirty days' notice of the time and place thereof by posting same at three conspicuous places within the town; and during said thirty days a copy of such plan or proposed ordinance shall be on file for public examination in the office of the clerk of the Town of East Lake. Plan to be submitted. Section 1-d. Amendment of Zoning Ordinance. The mayor and town 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 1-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 10 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 town council requesting an amendment of the regulations prescribed for such area it shall be the duty of the mayor and town council to vote upon such amendment within 90 days of the filing of same by the petitioners with the town clerk. May amend ordinance. Section 1-e. Appeals; Administration. The zoning laws and rules and regulations shall be made by the mayor and town council and shall be enforced and administered by the mayor, town marshal, or such other agent or official as the mayor and town council may designate. The mayor and town council shall hear and decide appeals from and review any order, requirement, decision or determination made by the town marshal or other agent or official in the enforcement Page 623 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 1-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 town marshal or other agent or official designated by the mayor of town and town council for that purpose. Regulations; how made and enforced. Sec. 2. Every decision of the mayor and town council or of any committee or commission as provided for in Section 1-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. Review by certiorari. Sec. 3. All Acts and parts of Acts in conflict with this Act are hereby repealed. Approved August 18, 1923. EAST POINT, TOWN OF; ELECTION TO REPEAL CHARTER OF. No. 557. An Act to repeal an Act to provide a new charter for the Town of East Point in the County of Fulton and for other purposes, approved September 8th, 1891, and the Act amending same approved August 13th, 1910, and the Acts amending same, approved August 1st, 1911, and August 19th, 1912, and the several Acts amendatory thereof, provided, however, that if the majority of the qualified voters of the City of East Point, voting at an Page 624 election held for that purpose, shall vote against the annexation of the corporate limits of the City of East Point to the corporate limits of the City of Atlanta, then this Act shall not become effective, but if a majority of those voting in said election shall vote in favor of said annexation, then this Act shall take effect as herein provided, and said Act providing a new charter for the Town of East Point and subsequent Acts making said town a city and extending the limits as above specified shall stand repealed, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. That an Act to provide a new charter for the Town of East Point in the County of Fulton and for other purposes, approved September 8th, 1891, and the Act amending same, approved August 13th, 1910, and the Acts amending same, approved August 1st, 1911, and August 19th, 1912, and the several Acts amendatory thereof, be and the same are hereby repealed. Acts of 1891, 1910, 1911 and 1912 repealed. Sec. 2. Provided, however, that if the majority of the qualified voters of the City of East Point, voting at an election held for that purpose, shall vote against the annexation of the corporate limits of the City of East Point to the corporate limits of the City of Atlanta, then this Act shall not become effective but if a majority of those voting in said election shall vote in favor of said annexation then this Act shall take effect as herein provided and said Act providing a new charter for the Town of East Point and subsequent Acts making said town a city and extending the limits as above specified shall stand repealed and thereafter be of no force and effect. Proviso. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. Page 625 EAST THOMASTON; CHARTER AMENDED. No. 241. An Act to amend the Act of the General Assembly approved August 16th, 1909, appearing on pages 835 to 842 inclusive, of the Georgia Laws of 1909; and also to amend the Act of the General Assembly approved August 9th, 1920, appearing on pages 975 to 977 inclusive, of the Georgia Laws, 1920, by providing for the appointment of tax assessors for the Village of East Thomaston; prescribing the manner of their appointment; their qualifications and duties; to allow the Village of East Thomaston to issue and sell bonds for the purpose of establishing, maintaining and operating a system of waterworks and sewerage for the inhabitants of said village and others; to provide a system of electric lights for said Village of East Thomaston; to provide for the payment of the principal and interest on said bonds by levying a tax therefor; to provide how and by whom the money realized from the sale of said bonds shall be disbursed; to allow said Village of East Thomaston to furnish water, sewerage and lights for public and private use and charge therefor; to allow said Village of East Thomaston to acquire, own, condemn and appropriate private property for public use; to provide the manner which private property may be condemned and appropriated; to lay off and open new streets; to widen, grade, pave and macadamize the streets and sidewalks in said village; to assess the property of abutting land owners for the payment of same and to enforce the collection thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act incorporating the Village of East Thomaston, in Upson County, approved August 16th, 1909, and the Act amending the same, approved August 9th, 1920, be and the Page 626 same are hereby amended as follows: The Commissioners of said Village of East Thomaston shall within ninety days after the passage of this Act appoint three tax assessors who shall be twenty-one years of age and residents of Upson County, Georgia, who shall hold their offices for one, two and three years, and all subsequent assessors appointed shall hold their office for three years, or until their successors are appointed and qualified. Any vacancy occurring on said board of tax assessors shall be filled by the commissioners of said village who shall appoint some person to fill out the unexpired term of the member causing the vacancy. Any of said tax assessors may be removed from office at any time by the commissioners of said village for any cause they may deem sufficient. The compensation of said tax assessors to be fixed by the Commissioners of said Village of East Thomaston and may be changed as often as they deem necessary. Acts of 1909 and 1920 amended. Tax assessors. Sec. 2. Be it further enacted, That the tax assessors so appointed under this Act shall receive returns of all real and personal property located within the corporate limits of said village and perform such other duties as may be by ordinance required of them in connection with their office. They shall place a just, fair and equitable valuation upon all property within the corporate limits of said village and when the owner of said property fails to return same for taxation it shall be their duty to place a just, fair and equitable valuation on same and double it and enter said double valuation upon the tax digest with an entry showing that same was doubled taxed. Said tax assessors shall before they begin to receive returns give notice of the time they will begin to receive returns and of the time they will close the books for receiving same and post said notice in three or more public places in said village and publish same once a week for two weeks in the newspaper in which sheriff's advertisements are published for Upson County. After the tax assessors shall have assessed all the property within said corporate limits of the Village of East Page 627 Thomaston they shall make their returns of said property to the commissioners of said village. After the returns have been made by the tax assessors to the commissioners they shall be open to inspection to the tax payers of said village and if any tax payer is dissatisfied with the assessment made of his property he shall have ten days from the date said returns are made by the tax assessors to the commissioners within which to enter his appeal and objections to the commissioners to the assessment as made. The decision of the commissioners on appeal shall be final. Duties of tax assessors. Publication of notices. Tax payer may appeal. Sec. 3. Be it further enacted, That the Commissioners of the Village of East Thomaston shall have the power and authority to contract debts for and on behalf of said village and to issue bonds in such amounts as may be necessary not to exceed the constitutional limit and the general laws of this State applicable to municipalities for the purpose of establishing, maintaining and operating a system of waterworks, sewerage and electric lights for the inhabitants of said village and others and in order to carry into effect the provisions of this Act they are authorized and empowered to assess, levy and collect a tax upon all of the taxable property in said village and pay the principal and intrest due on said bonds as they mature. Debts and bonds. Sec. 4. Be it further enacted, That said bonds and the interest coupons shall be signed by the chairman of the Commissioners of the Village of East Thomaston and countersigned by the clerk of said village, and if no clerk then by some one designated by the chairman of said commissioners under the corporate seal of said village, and be sold or negotiated in such manner as the commissioners may determine for the best interest of the village. Signature on bonds. Sec. 5. Be it further enacted, That when said bonds have been issued and sold the commissioners of said village shall disburse the proceeds for the purposes herein stated. Proceeds of bonds. Page 628 Sec. 6. Be it further enacted, That the provisions of this Act in regard to issuing bonds shall not take effect until the same shall have been submitted to the qualified voters of the Village of East Thomaston and approved by a two-thirds vote of the qualified voters of said village. Effective when ratified. Sec. 7. Be it further enacted, That the Commissioners of said Village of East Thomaston shall provide a registration book for the qualified voters of said village to register and shall order an election to be held at some public place in said village and shall give notice of the same for thirty days next preceding the election in the newspaper published in the County of Upson in which the sheriff's advertisements for the county are published, notifying the qualified voters of said village that on the day named an election will be held to determine the question whether bonds shall be issued by said village, which notice shall specify the amount of the bonds to be issued, for what purpose, with interest they are to bear, how much principal and interest to be paid off annually, and when said bonds are to be fully paid off. That said election shall be held on the day named and at the place stated in said published notice and shall be held by the same persons and under the same rules and regulations that elections for members of the General Assembly are held and the same qualifications of voters at said election shall be required as are required of voters at the election of members of the General Assembly. That the managers of said election shall make returns of the election to the Commissioners of said Village of East Thomaston, on the day after the election, and said commissioners and said managers of said election (who shall bring the returns) shall consolidate said returns and declare the result, which result shall be published within ten days after the election is held. That the ballots cast at said election shall contain the words For Bonds or the words Against Bonds and unless a two-thirds majority of all the voters of said village, as shown by the list of registered voters of said village, who are qualified to vote at said election Page 629 shall vote For Bonds then said bonds shall not be issued. Should less than a two-thirds majority of the qualified voters of said village vote for bonds at the first election or any subsequent election held for this purpose, the Commissioners of said Village of East Thomaston may submit the same to another election under the same rules and regulations as are herein prescribed for the first election, to be held after a lapse of sixty days from an election when the same shall have previously been defeated, and, if at any subsequent election a two-thirds majority of all the voters of said village who are qualified to vote at said election shall vote for bonds, then said bonds shall be issued as herein provided for. The election held under this Act shall be held between the hours of 10 o'clock A. M. and 4 o'clock P. M. Election for bonds. Returns. Ballots. Majority vote to decide. Second election. Sec. 8. Be it further enacted, That the Commissioners of the Village of East Thomaston shall have the power and authority to construct, equip and operate a system of waterworks, sewerage and electric lights in said village for the purpose of supplying its inhabitants and the village and consumers generally with water, sewerage and electric lights, or any of them, and the said commissioners shall have the power to do any and all things necessary for such purposes; to contract with any person, firm or corporation for the purchase of lands or premises to be used in connection therewith, whether within or without the village, and to contract for the purchase of easements 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 village, and if necessary for any or all of such purposes to condemn the same as hereinafter set forth, said commissioners in the name of the Village of East Thomaston, shall have full power and authority to install, equip, maintain and operate said system of waterworks, sewerage and electric lights and to make contracts with the inhabitants of said village and to consumers generally whether residents of said village or Page 630 residents outside of the limits thereof, for the furnishing of water, sewerage or electric lights or any of them, at such rates and under such rules and regulations as the commissioners may provide. Waterworks, sewerage, lights. Sec. 9. Be it further enacted, That the Commissioners of the Village of East Thomaston shall have full and complete power and right to direct the mode, manner and style in which all streets, crossings, sidewalks and pavements shall be constructed, paved or unpaved, and shall have full power and authority to lay off and open up new streets and to widen, grade, pave and macadamize the streets and sidewalks in said village, and in case of failure or refusal of any property owner, after ten days' notice, to comply with the ordinance of said village in reference to the construction, paving or repairs of the sidewalks, pavements or the street crossings, the commissioners of said village are hereby authorized and empowered to prescribe that said owners be fined in a sum not exceeding one hundred dollars, and to collect the same by execution; they may also direct their officers, or persons in their employment, to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing or failing to comply with said ordinance, and said commissioners are 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. Streets, sidewalks, pavements, etc. Sec. 10. Be it further enacted, That said Commissioners of the Village of East Thomaston shall have the power and may prescribe by ordinance or resolution to work to be done and the method of doing the same, and shall have charge of the public property, street improvements, street forces, and the performance of all other public work done within the limits of said village. Public work. Sec. 11. Be it further enacted, That said commissioners shall have full power and authority in their discretion, to Page 631 grade, pave, macadamize, and otherwise improve for travel and drainage of the streets and alleys of said village, to put down curbing, cross drains, crossings and otherwise improve the same. Street improvements. Sec. 12. Be it further enacted, That said commissioners 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 Village of East Thomaston to pay the other one-third of the cost. Cost. Sec. 13. Be it further enacted, That said Commissioners of the Village of East Thomaston shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purpose and for the amounts above set forth as may be just and proper, estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street so improved. It shall be wholly discretionary with said commissioners whether said improvements shall be made or not. Equalizing assessments. Sec. 14. Be it further enacted, That the amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Lien on real estate. Sec. 15. Be it further enacted, That said Commissioners of the Village of East Thomaston shall have authority to enforce the collection of the amount of any assessment so made for work either upon the streets or sidewalks by execution to be issued by the clerk of said commissioners or by the chairman of said commissioners against the real estate so assessed and against the owner thereof, at the date of the ordinance making the assessment which execution may be levied by the chief of police or marshal of said village upon such real estate and after advertisement and other Page 632 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 the chief of police or marshal shall have full authority to eject the occupants of said property and place the purchaser thereof in possession; Provided, that the defendants shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due, with all costs, shall be paid and collected before the affidavit is received, and the affidavit shall be received for the balance, and the affidavit so received shall be returned to the superior court of Upson County, and there tried as other cases of illegality are tried. Collection by execution. Proviso. Sec. 16. Be it further enacted, That the Commissioners of the Village of East Thomaston 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 village; 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. To enforce payment. Sec. 17. Be it further enacted, That the Village of East Thomaston shall have authority to issue execution for the above described work or improvement and shall have power to transfer said executions in writing by its clerk or the chairman of the commissioners, and the transferee shall have all the rights under the same as were had by the said village. Execution to issue. Sec. 18. Be it further enacted, That said Village of East Thomaston shall have full power to repave and repair any sidewalk, street or alley or portion of such sidewalk, street or alley, and such after proceedings as to levying and collection Page 633 of assessment thereof as in cases of original paving provided for under this Act, whenever in the judgment of said commissioners such repaving or repairs are necessary. Repairs. Sec. 19. Be it further enacted, That the Commissioners of the Village of East Thomaston in the name of the village, shall have full power and authority for or to condemn any land or premises within or without the Village of East Thomaston, for the purpose of a system of waterworks, sewerage and electric lights or any of them for said village, or for the purpose of maintaining, extending, enlarging or improving them 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 land. Proviso. Sec. 20. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1923. EAST THOMASTON, VILLAGE OF; PUBLIC SCHOOL SYSTEM CREATED. No. 533. An Act to establish a system of public graded schools and schools of manual training and domestic science in the Village of East Thomaston, in the County of Upson; to provide for the maintenance of same by authorizing and Page 634 empowering the corporate authorities to levy and collect a tax; to require the Superintendent of Schools of Upson County to pay over to the board of education of said village the pro rata share of the State school fund for all pupils attending the schools established in said village, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That there shall be established in the Village of East Thomaston in the County of Upson a system of public schools to be established, conducted and maintained as hereinafter prescribed. Public school system established. Sec. 2. Be it further enacted, That the board of education for the said system of public schools shall be composed of the Board of Trustees of R. E. Lee Institute, at Thomaston, Georgia, seven in number, said R. E. Lee Institute being a legally chartered institution and now operating as such in the City of Thomaston, in Upson County. Board of education. Sec. 3. Be it further enacted, That said board shall be perpetuated in the manner now prescribed by the charter of the said R. E. Lee Institute, to wit: The election of the board of education shall be by the board, one member to be retired annually the last Friday in May and not to be eligible for re-election within two years thereafter; the term of office of each member being seven years from the date of his election. Further, that in cases of death, resignation or removal from the City of Thomaston, the vacancies thereby made shall immediately be filled by election by said board. Board perpetuated. Sec. 4. Be it further enacted, That the officers of the said board of education shall be a president and vice-president elected from the members of the board; a secretary and treasurer, who may be a member of said board, and such other officers as may be deemed advisable and necessary, all of whom shall be elected by said board and hold their offices at the pleasure of said board. The board of education, including the president and vice-president thereof, Page 635 shall serve without compensation; the secretary and treasurer and such other officers as shall be created and elected shall receive such compensation as the board may fix. Officers of board. Compensation. Sec. 5. Be it further enacted, That the board of education shall take and hold in trust for the Village of East Thomaston and grant or devise of land or donation or be-quest of money or other property made to it for educational purposes with the right to sue and be sued, that they have the right to acquire property by purchase and to erect buildings thereon for school purposes, that they further have the right and power if they see fit to rent, lease or take over for a number of years with the privilege of removal from any person or corporation school buildings, equipment and furnishings and grounds for school purposes, that they have the right to borrow money for current expenses and to do all other things that may be necessary to carry on successfully a modern school system. Trust funds. Sec. 6. Be it further enacted, That the board of education shall have full power and authority to devise, designate, establish, adopt and maintain a system of public schools in said village to increase, modify, alter and change from time to time, to establish public schools for the said Village of East Thomaston, including primary, grammar and high schools as they may deem expedient and proper to prescribe the curriculum, including agriculture, manual training, domestic arts, etc.; appoint and employ teachers for the said schools and superintendent for the same, to fix the compensation for teachers and superintendent, to make such by-laws, rules and regulations for their own government and that of the superintendent, teachers and pupils of said schools as they may deem proper and to do any and all other acts promotive of the best educational interest of the said village when not in conflict with this Act or the Constitution and laws of the State. Public school regulations. Sec. 7. Be it further enacted, That the county superintendent of schools of Upson County shall pay over to the Page 636 Board of Education of the Village of East Thomaston that portion of the public school fund coming from the State to the County of Upson as the children of school age in the Village of East Thomaston would be entitled to receive, a pro rata distribution of said fund to the children of school age in the County of Upson as ascertained by the last census of children of school age in the County of Upson and the Village of East Thomaston. Public school fund. Sec. 8. Be it further enacted, That the board of education of said village shall have power and authority to contract with the proper authorities of the County of Upson for the admission of children living outside of the village limits into the public schools of the village and the treasurer of the board of education shall receive from the county superintendent of schools such amounts as may be provided in the contract so made. Children outside corporate limits. Sec. 9. Be it further enacted, That the board of education of said village may fix, charge and collect a matriculation fee of residents of said village for admission into the primary, grammar and high schools and other departments of said system of public schools of said village which if demanded shall be paid at or before admission into the schools. Further, that said board of education may also provide for the admission of children whose parents or guardians reside outside of said village upon payment of such rates of tuition as the board in its discretion may provide. Said board may also provide for the admission of children residing outside of the village, also for the admission of such students residing in the village not within school age upon payment of such rates of tuition as may be prescribed by such board. Matriculation fees. Sec. 10. Be it further enacted, That the State school fund shall be supplemented by an ad valorem tax levied by the Commissioners of the Village of East Thomaston as follows: The board of education shall by the first of August of each year make an estimate of the amount necessary to be raised that year for additional support of the Page 637 public schools in said village and place this estimate before the Commissioners of said Village of East Thomaston and it shall be their duty when making the annual tax levy for the current expenses of the said village to levy a school tax along with other taxes upon all taxable property within the corporate limits of the Village of East Thomaston and the said commissioners of said village are hereby authorized and required to levy said school tax and collect or have collected by the village officers along with the other ad valorem taxes of said village in the same manner as the other village taxes are levied and collected; Provided, however, that said commissioners have no authority to levy and collect more than five dollars per thousand dollars on all taxable property within the said village for school purposes. Ad valorem tax. Proviso. Sec. 11. Be it further enacted, That before this Act shall become operative it shall be submitted to the qualified voters of the Village of East Thomaston for which purpose the commissioners of said village shall order an election, of which thirty days' notice shall be given in any paper published in Upson County and at two or more public places in said village which said election shall be held by the same persons and under the same rules and regulations that elections for members of the General Assembly, and the same qualifications of voters at said election shall be required as are required of voters at the election of members of the General Assembly. Those voting in said election in favor of public schools shall have written or printed on their ballots, For Public Schools, and those opposed shall have written or printed on their ballots, Against Public Schools. The managers of said election shall make return to the commissioners of the Village of East Thomaston who shall open said returns and declare the result of said election at the first regular meeting thereafter, or at any meeting called for this purpose, and if two-thirds of those voting in said election shall vote for public schools, then this Act shall take effect immediately, otherwise not. Should this Act fail of adoption, however, at Page 638 said first or any other subsequent election held for this purpose, the commissioners of said village may submit the same to another election under the same rules and regulations as are herein prescribed for the first election to be held after the lapse of one year from an election when the same shall have previously been defeated and if at any subsequent election the same should be adopted by the two-thirds vote it shall then become effective. Election to ratify. Ballots. Returns. Majority vote to decide. Second election. Sec. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1923. EATONTON, CITY OF; APPROPRIATION FOR SCHOOLS. No. 541. An Act to amend the Act approved December 12th, 1892, authorizing a system of public schools for Eatonton, by authorizing additional appropriations for the support of said schools, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, That the Act approved December 12th, 1892, authorizing a system of public schools to be established and maintained in the City of Eatonton be and the same is hereby amended by adding thereto a new section as follows: Act of 1892 amended. Sec. 10. Whenever it appears from the estimates submitted in accordance with the provisions of law that the special school tax of three mills ad valorem will not be sufficient to adequately maintain said schools, the board of council may appropriate for school purposes from the Page 639 general funds of the city an additional amount which shall not exceed four and one-half mills upon the current tax digest of the city. New Section 10. Sec. 2. Be it further enacted, That this Act shall not take effect until it shall have been ratified at an election which shall be called by the said board of council and held within ninety days after the passage hereof (of which election notice shall be given by publication in a newspaper once a week for four weeks) by a vote of two-thirds of the qualified voters of said city. The said election shall be held as other elections in said city, and the board of council is authorized to prescribe the form of the ballots, provide for a special registration of voters for said election, and to declare the result. Effective when ratified. 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 18, 1923. EATONTON MARSHAL AND ASSISTANT MARSHAL; ELECTION AS TO. No. 542. An Act to amend the charter of the City of Eatonton, so as to permit persons not residents of said city to be elected marshal and assistant marshal, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, That the charter of the City of Eatonton, being the Act approved August 5, 1903, be and the same is hereby amended by adding to section 10 the following words: persons not residents of said city be elected marshal and assistant marshal, so that said section, as amended, shall read as follows: Act of 1903 amended. Page 640 Sec. 10. Any citizen of the City of Eatonton who is a qualified voter therein shall be eligible to hold any municipal office. Persons not residents of said city may be elected marshal and assistant marshal. Section 10 to read. Sec. 2. Be it further enacted, That this Act shall not become effective unless within ninety days after its passage it shall be ratified by a majority of those voting in an election to be called by the board of council and to be held as other elections in said city are held. Notice of said election shall be given by publication once a week for four weeks in some newspaper published in said city. Effective when ratified. Approved August 20, 1923. EDISON CHARTER AMENDED. No. 391. An Act to amend an Act entitled An Act to create and incorporate the City of Edison in lieu of the Town of Edison, and for other purposes; in Acts of the General Assembly of 1906, pages 737 to 744 inclusive, and approved August 20th, 1906, as follows: To provide for the registration of candidates for mayor and councilmen of said city at least five days before the election shall be held for said mayor and councilmen. To provide for the condemnation of land and property for school purposes in said city, provide notice and proceedings for condemnation; to provide for the opening of streets and widening of streets, and for condemnation of land and property for such purposes and for other public use in said city. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Act creating and incorporating the City of Edison, in lieu of the Town of Edison, and for other purposes, approved August 20th, 1906, Acts of 1906, pages Page 641 737 to 744, both inclusive, be and the same is hereby amended by adding just after section 18 of said Act and before section 19 of said Act the following sections, to wit: Act of 1906 amended. Sec. 18-A. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the same, That after the passage of this Act, each candidate for mayor of said city and each candidate for councilman of said city, shall at least five days before the election of said officers, register their names, or some other party register their names, with the clerk of the city council, and designate for what office the said candidate will seek election. If there shall be no clerk of the council, then said candidate may register with any one of said councilmen his name, or a friend may do so for him, or with the mayor of said city. A book or page in the minutes of said city shall be kept for that purpose. New Section 18-A. Candidates must register. Sec. 18-B. Be it further enacted, That said city council of the City of Edison shall have the right to condemn land and other property for school purposes, when in their judgment it may be necessary for the use of any school in said city, or for the enlargement of the grounds for said schools, or for the purpose of enlarging and improving the schools of said city, or for their benefit. New Section 18-B. Condemnation of land. Sec. 18-C. If said city can not by contract procure the land or property, easement, right of way or other interest of property necessary for such use, then it shall be lawful for said city to take or damage said property, upon paying or tending to the owner thereof just and adequate compensation for the land or other property so to be taken or used. New Section 18-C. Compensation. Sec. 18-D. If the parties can not agree upon the compensation to be paid, the same shall be assessed and determined in the following manner: The said city council shall serve a notice upon the owner of the property, and upon the owner of any remainder, reversion, mortgage, lease, security deed, or other interest therein. And if the Page 642 owner or any of the owners shall be a minor or under any disability whatever, such notice shall be served upon his or their personal representatives. If there be no personal representative, such notice shall be served personally upon the minor and upon the ordinary of the county where the property is located, who shall appoint a guardian ad litem to represent the minor in said litigation. If the owner or any of the owners, or persons in any way interested reside out of the State, notice shall be served upon the person in possession, and a like notice shall be enclosed in an envelope properly stamped and directed, and be by the city council delivered to the ordinary who shall mail the same to the owner or owners, if their address is known and to their address, and if their address be not known the ordinary shall act for such non-resident owners in the manner herein provided for unrepresented minors. An entry of the facts and his action shall be entered on the minutes by the ordinary. New Section 18-D. Notice to owner. Sec. 18-F. Unless service of notice is acknowledged or waived, a copy of such notice shall be served by a sheriff or deputy, personally, or by leaving a copy at the residence of the owner, or mailed, in case of non-residents, at least fifteen days before the day fixed for assessing the damages. And in cases where notice cannot be effected by leaving notice at the place of residence of the owner, or by personal service, the notice shall be posted at the courthouse door fifteen days and be published once in the official paper one week before the day fixed for the assessing of damages. New Section 18-F. Notice by publication. Sec. 18-G. All notices shall be directed to the owner or owners and shall describe the property and the amount of interest therein sought to be condemned, fix the time when the hearing will be had on the premises, give the name of the assessor selected by said city and request the owner, trustee or representative as the case may be to select an assessor. New Section 18-G. Time of hearing. Sec. 18-H. If the city shall notify the ordinary that the owner or person interested has failed to select an assessor, Page 643 or that the owners failed to agree upon assessor, or that the owner is unknown or that the owner or any one of the owners is a minor or otherwise under disability and without legal representative, the ordinary of the county where the property is situated shall select an assessor for such persons or owners; and if such ordinary is disqualified, then the clerk of the superior court of the county shall make the selection, after like notice by such corporation. The two assessors thus selected shall select a third assessor, but if in five days they do not agree upon the third assessor, the judge of the superior court of the county, upon application of either party of which the other shall have notice, shall make the selection in term time or vacation. The three assessors thus selected shall be sworn by some officer authorized to administer an oath to do equal and exact justice between the parties according to law. The assessors shall have the same power to issue subp[UNK]nas and compel the attendance of witnesses as is vested in the superior court. New Section 18-H. Assessors, how selected. Sec. 18-I. If by reason of delay in appointing assessors, or other cause, the hearing can not be had at the time fixed in the original notice, the assessors shall fix time for the hearing and notify both parties in writing of the time and place of the hearing. New Section 18-I. Change time of hearing. Sec. 18-J. The said assessors shall hear all evidence offered by either party as to the value of the property to be taken or used, or as to damages done the owners of the same, and the benefits to the owner accruing from the use of the property. Parties may be represented by attorneys at law or in person before the assessors. New Section 18-J. Evidence. Sec. 18-K. The assessors or a majority of them shall assess the value of the property taken or used, or damage done, and shall also assess the consequential damages to the property not taken, and deduct from such consequential damages the consequential benefits to be derived by the owner from the operation of its franchise by the city, or by the carrying on of the business of the city; Provided, Page 644 the consequential benefits assessed shall in no case exceed the consequential damage assessed; provided, further, that nothing in this section shall be construed so as to deprive the owner of the actual-value of his property so taken or used. New Section 18-K. Assessment of damages. Proviso. Sec. 18-L. Said assessors shall enter their finding on the notice substantially as follows: Upon the application of the City of Edison to condemn the following property of , notice was duly served by the sheriff (or his deputy) on (owner, trustee, representative, ordinary, as the case may be). The applicant appointed as assessor. The owner, representative, as the case may be, appointed as assessor, and they two (or judge of the superior court) appointed as assessors, who after being duly sworn and hearing the evidence, find and award that for taking the property sought to be condemned, to wit: The said City of Edison shall pay to as owner, the sum of $..... The consequential damages to the property not taken amount to $....., and the consequential benefits to $.....; and the said City of Edison shall pay to said the difference between such damage and such benefit. Within ten days after the award is made it shall be filed and recorded in the office of the clerk of the superior court of the county, where the property is situated, or franchise sought to be condemned is exercised. New Section 18-L. Form of notice. Sec. 18-M. Be it further enacted, That the general law of appeal in condemnation proceedings as provided in the Code of Georgia shall apply in case of an appeal under this amendment from the award as made by the assessors; provided, further, that the general law shall apply in the condemnation proceeding as herein stipulated, where necessary to make the same legal. New Section 18-M. Appeal. Sec. 18-N. Be it further ordained, That the method of condemnation procedure by said City of Edison for its use of any land or property, not above specified, the above Page 645 method shall apply, and said city shall have the right to condemn land and property for any public use authorized by law. New Section 18-N. Condemnation. Sec. 18-O. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. New Section 18-O. Approved August 4, 1923. FOLKSTON CHARTER AMENDED. No. 346. An Act to amend an Act to incorporate the City of Folkston in the County of Charlton, State of Georgia, approved August 19, 1911, by adding the following thereto: The mayor and aldermen of said city have no authority to impound any stock such as cattle, hogs, goats or sheep, without first submitting to the qualified voters of said city the question of whether said stock shall be impounded, and to provide that at said election a majority of the qualified voters, registered to vote at the last general election shall vote to impound stock; that the mayor and aldermen shall enforce said ordinance over all the streets in said City of Folkston; to provide the manner in which said election shall be conducted, and the kind of stock that may be impounded, 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 an Act entitled an Act to incorporate the City of Folkston in the County of Charlton and the State of Georgia, approved August 19, 1911, be and the same is hereby amended by adding thereto the following: Act of 1911 amended. The mayor and aldermen shall have no authority to impound any stock, such as cattle, hogs, sheep and goats without first submitting to the qualified voters of said Page 646 City of Folkston, the question of whether said stock should be impounded. Amending language. Sec. 2. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the right to submit to the qualified voters who were registered to vote at the last general election of the City of Folkston at any general or special election, the question of whether stock shall be impounded, and if a majority of the qualified voters registered at the last general election of the City of Folkston shall be in favor of impounding the results of said general or special election shall be announced by the mayor and aldermen and the mayor and aldermen shall have the law enforced on all the streets in said city. Impounding stock. Sec. 3. Be it enacted by the authority aforesaid, That the mayor and aldermen shall have a right to call a special election on the question of impounding stock, so that the question can be submitted to the qualified voters who were registered to vote at the last general election, and the mayor and aldermen shall have the authority to announce the results of said special election, which shall be held as provided for in said charter of the City of Folkston, and that a majority of the qualified voters who were registered at the last general election shall determine the results of said special election. Majority vote shall decide. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1923. FORSYTH, CITY OF; REGISTRATION OF VOTERS. No. 133. An Act to amend an Act approved December 18th, 1902, entitled: An Act to consolidate and to codify the various Acts incorporating the City of Forsyth, in the Page 647 County of Monroe, and the various Acts amendatory thereof; to enlarge by providing additional powers and authority therein; to more specifically define and fix the duties of the various officers of said city and their compensation, and for other purposes; and the various Acts amendatory thereof; to enlarge by providing additional powers and authority therein, so as to provide for a method, time and place for registration of voters for all elections held in said city; to prescribe rules and regulations in regard to registration, and define the authority of the mayor and aldermen of said city in regard to such registration, and the revision and purging of registration lists; to prescribe the manner of selection of registrars and define their duties and authority and fix their compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That in all elections held in the City of Forsyth, whether primary elections, special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as herein provided for. It shall be the duty of the clerk of the City of Forsyth to open at his office in said city, within thirty days from the date of approval of this Act, a book for the registration of voters for said City of Forsyth, and keep the same open at his office at all times when his office is open for the payment of taxes or transaction of city business, except as hereinafter provided. There shall be kept in said book a separate list of white and colored voters, and each person entitled to vote in said city shall subscribe in said book, which shall be arranged in alphabetical order, his or her name, age, place of residence and occupation. Said clerk must not permit anyone to register who is not entitled to do so, and if he knowingly permits this to be done, he shall be discharged from office or otherwise punished as the mayor and aldermen may decide. Said registration shall be permanent, and all names registered as herein prescribed shall remain upon said list and be qualified to Page 648 vote in any election so long as said voter shall not become disqualified or his or her name be stricken from the registration list as hereinafter provided. Registration of voters. Sec. 2. Be it further enacted by the authority aforesaid, That said registration book shall be closed ten (10) days immediately preceding each election held in said city, whether the same be a primary election, special or general election, after which time no one shall be allowed or permitted to register for such election and not until after such election, when said book shall be reopened for the registration of voters. At all other times, said book shall be kept open as herein provided. No person shall be allowed to vote at any election held in said city unless he or she has registered prior to the closing of said books and his or her name appears upon the registration list. Registration book. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city to check the registration lists from time to time as may be required by the Mayor and Aldermen of said City of Forsyth, and upon finding the name of any voter who has become disqualified by failure to pay taxes, removal from the city, or other legal cause, he shall furnish the mayor and aldermen of said city with a list of such names with the reasons for their disqualifications, and it shall be the duty of the said mayor and aldermen to revise said registration lists and determine whether the name of such voter should be stricken from the list, after the clerk has given five days' written notice to said voter of the time and place when said matter will be acted upon by said mayor and aldermen, said notice to be served either personally by any officer of said city authorized to serve city processes or by mailing same to the last known address of the voter. At the time fixed in the notice, the voter shall have the right to be heard by the said mayor and aldermen before any final action is taken, if he or she so desires. Registration lists. Sec. 4. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Forsyth Page 649 may prescribe such further rules and regulations with reference to registering, or the revision of the registration lists, as they may see fit and proper, and may create a board of registrars if deemed best and may fix their duties and determine their compensation, and may delegate to and place upon said board of registrars any or all of the duties herein imposed upon the clerk or the mayor and aldermen, or they may place any or all of said duties upon any official or officials of said city they may designate, and provide additional compensation to be paid therefor if they see fit. Board of registrars, if necessary. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1923. GLENNVILLE CHARTER AMENDED. No. 418. An Act to amend an Act entitled An Act to create a new charter for the City of Glennville, in the County of Tattnall, approved August 21, 1911, to provide for women voting and holding city offices; to vest the mayor with power and authority to exercise the duties of an ex-officio justice of the peace in all criminal matters within the city limits, and to send offenders of the city laws or ordinances to serve their sentences on the county chain gang, or in the county jail; to change the terms of office of mayor and councilmen from one to two years; to provide that the city clerk be elected by the voters; to divide the city into four wards; to provide the manner of electing a mayor and five councilmen; to provide that in cases where candidates tie at any election for a runover, and for other purposes. Page 650 Section 1. 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 4 of the charter of the City of Glennville, approved August 21, 1911, be and the same is hereby repealed, and the following enacted in lieu thereof: Act of 1911 repealed. Sec. 4. Be it further enacted by the authority aforesaid, That an election shall be held in the city hall or council chamber in the City of Glennville, on the second Wednesday in December, 1923, and annually thereafter. Said election shall be for the election of a mayor, a city clerk, and five councilmen, one of the councilmen to be elected from each of the four wards of the city and one shall be elected at large. The mayor and the councilmen from the first and third wards shall be elected to serve two years, and the councilmen from the second and fourth wards and the councilman at large shall be elected to serve one year. Thereafter elections shall be held annually, and all terms shall be for two years. The city clerk shall be elected annually for a term of one year. All officers shall serve until their successors are elected and qualified, and shall be elected by the consolidated vote of the entire city. Election, 2d Wednesday of December, each year, for city officials; terms. Sec. 2. Be it further enacted by the authority aforesaid, That section 11 of said charter be and the same is hereby amended by striking out the word one on the third line immediately after the word be, and insert in lieu thereof the word two, and immediately after the word election on the fourth line insert the words as provided for in section four of this amendment, so that said section when so amended will read as follows: Section 11 amended. Sec. 11. Be it further enacted by the authority aforesaid, That the terms of office of Mayor and Councilmen of the City of Glennville shall be two years after the first Wednesday in January after their election as provided for in section four of this amendment, and until their successors are elected and qualified. On the first Wednesday in January of the year after their election, the mayor and council Page 651 shall meet in the city hall or council chamber and there severally take before some officer of this State authorized to administer oaths the following oath of office: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Glennville for the ensuing term and faithfully enforce the charter and ordinances of said city to the best of my skill and knowledge without fear or favor, so help me God. Should any councilman or mayor-elect be absent from said meeting, he shall take the oath of office as soon as possible thereafter. Section 11 to read. Terms. Oath. Sec. 3. Be it further enacted by the authority aforesaid, That section 14 of said charter be and the same is hereby repealed, and the following enacted in lieu thereof: Section 14 repealed. Sec. 14. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of mayor, caused by death, resignation, removal from the city or otherwise, the city council shall proceed at once to call a special election for the purpose of electing a mayor to fill the unexpired term, which election shall be held in the city hall or council chamber not less than fifteen nor more than thirty days from the time said vacancy occurred, under the same rules that general city elections are held, and the register list of qualified voters at the last previous general city election shall govern as to the qualifications of voters; during the time such vacancy may exist the mayor pro tem. shall discharge the duties incumbent upon the office of mayor, and if for any reason the mayor pro tem. shall be disqualified, or absent, any councilman may act as mayor; any member of the city council shall be eligible for the office of mayor; Provided, such councilman first tenders his resignation as councilman before announcing his candidacy for the office of mayor. And in case of a vacancy in the office of councilmen, or office of city clerk, caused by death, resignation, removal from the city, removal from office or otherwise, such vacancies shall be filled for the unexpired terms in the same manner as herein prescribed for Page 652 filling vacancies in the mayor's office. Such mayor, councilman or city clerk thus elected shall, before entering upon the duties of their respective office, take the oath of office heretofore prescribed. New Section 14. Vacancies, how filled. Proviso. Sec. 4. Be it further enacted by the authority aforesaid, That section 17 of said charter be and the same is hereby amended by striking therefrom the following portion, beginning on the first line of said section, to wit: city council shall at the first meeting after their election and qualification elect one of their members as, and insert in lieu thereof the following: councilman elected at large shall be, said section, when so amended, shall read as follows: Section 17 amended. Sec. 17. Be it further enacted by the authority aforesaid, That the councilman elected at large shall be mayor pro tem., who shall, in the absence of the mayor and in cases of his disqualification, be the presiding officer of the city council, and shall be allowed to vote on all questions and who shall in the absence or disqualification of the mayor, and all the duties, powers, rights and privileges conferred by this charter upon the mayor, may and shall be exercised by the mayor pro tem. in the absence of the mayor, or when the mayor, from sickness or from other reasons, is unable to act. Section 17 to read. Mayor pro tem. Sec. 5. Be it further enacted by the authority aforesaid, That section 18 of said charter be and the same is hereby amended by striking therefrom the following portion thereof, beginning on the third line of said section, to wit: also a clerk and treasurer; Provided, the clerk and treasurer may be the same person if thought advisable by the mayor and councilmen, said section when so amended shall read as follows: Section 18 amended. Sec. 18. Be it further enacted by the authority aforesaid, That the city council shall have power to elect one or more policemen, one of whom shall be known as the chief of police; they may elect a city attorney, city physician Page 653 and such other officers as to them may seem necessary and proper. The terms of office of said officers shall be for one year and until their successors are elected and qualified. The mayor and councilmen or mayor pro tem. and councilmen, may appoint such extra policemen as may be necessary from time to time, and said extra policemen shall receive such compensation as may be fixed by the council. Each of said officers shall, before entering upon the discharge of their duties, take an oath to faithfully discharge said duties, such oath to be prescribed by the mayor and councilmen; such officers to receive such salary and to make such bond as the mayor and councilmen may prescribe. Any of said officers may be dismissed from office at any time by a majority vote of the city council, when it shall satisfactorily appear to the mayor and council that said officers have been negligent of duty or guilty of misconduct. Section 18, to read. Officers to be elected. Terms; oaths; salaries; etc. Sec. 6. Be it further enacted by the authority aforesaid, That section 21 of said charter be and the same is hereby repealed, and the following enacted in lieu thereof: Section 21 repealed. Sec. 21. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or disqualification, the mayor pro tem., or in case of the absence or disqualification of the mayor and mayor pro tem., any member of the city council may hold a mayor's court for the trial of all offenders against the laws and ordinances of said city as often as may be necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books, papers and other documents to be used in evidence, and to punish for contempt. The punishment for the violation of any city law, ordinance or rule shall be a fine not exceeding two hundred dollars, or imprisonment and labor on the streets, or imprisonment in the guard house or county jail, or may be turned over to the county authorities to work and labor on the Tattnall County chain gang, or such other place where the offender may lawfully be placed at work for a Page 654 term not exceeding three months; either one or both of these penalties may be imposed in the discretion of the court. The punishment for contempt shall be a fine not exceeding one hundred dollars, or imprisonment in the county jail or guard house not exceeding twenty days; either one or both of these penalties may be imposed in the discretion of the court. Any person convicted of any offense before the trial court (except for contempt of court) may enter an appeal from the judgment of the said court to the city council; Provided, the appeal be entered instanter, and a bond given for his appearance to abide the judgment of the city council sitting as a court. But if the accused will make oath that he is unable to make bond, he shall nevertheless enter an appeal in forma pauperis and shall be given a speedy trial. The accused shall have the right to be heard by council in any trial in the mayor's court. In case an appeal is entered and bond given the mayor, or chief of police, shall assess the bond and approve the same. The trial on the appeal shall be heard before the mayor and the entire city council, unless it be impossible or impracticable to have a full board present; then the trial shall be had before the mayor and three members of the council, and it shall require the votes of not less than three members of the council to reverse the judgment of the first trial court. And said city council shall be empowered to acquit the defendant, sustain the judgment of the presiding officer from whom the appeal was taken, or change or alter the same in their discretion; Provided, however, that any judgment of the city council may be suspended by the writ of certiorari in accordance with the laws being hereby given. The city council shall have the right to establish a city chain gang in said city, to own and possess a guard house, and to provide for the confinement of offenders therein during the time they are not at work, and to provide for their maintenance during the period of their imprisonment. The city employees in charge of convicted offenders shall have the right to administer such reasonable Page 655 discipline to such offenders as may be necessary to enforce obedience to the rules and regulations which may be prescribed by the city council. New Section 21. Mayor's court. Punishments. Appeal. Proviso. Chain gang. Sec. 7. Be it further enacted by the authority aforesaid, That section 26 of said charter be and the same is hereby amended by striking therefrom the last seven and one-third lines from said section; said section when so amended shall read as follows: Section 26 amended. Section 26 to read. Sec. 26. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support and maintenance of the government of the City of Glennville, including the payment of bonds, interest on bonded debts, and the creation of a sinking fund for the final extinguishment of any bonded debt, and for grading, working or paving streets, the mayor and council of said city shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property owned or held within the corporate limits of said city, which under the laws of this State is subject to taxation, not exceeding one and one-fourth per cent. of the assessed value of all such property. Ad valorem tax. Sec. 8. Be it further enacted by the authority aforesaid, That section 34 of said charter be and the same is herby repealed, and the following enacted in lieu thereof: Section 34 repealed. Sec. 34. Be it further enacted by the authority aforesaid, That the City of Glennville shall be divided into four wards, Barnard Street being the dividing line running east and west, and the dividing line running north and south shall be as follows: Beginning at the intersection of Barnard and Coswell Streets, and running north along Coswell Street to the end thereof, and thence a continuation in a straight line from the center of Coswell Street to the city limits, shall be the dividing line north of Barnard Street; and beginning at the intersection of Barnard and Coswell Streets, and running south along Coswell Street to Institute Avenue; thence east along Institute Avenue to Morris Page 656 Street; thence south along Morris Street to Rogers Street; thence west along Rogers Street to Main Street; thence south along Main Street to the city limits, shall be the dividing line south of Barnard Street. That part of the City of Glennville north of Barnard Street and west of Coswell Street shall be the first ward. That part of the City of Glennville north of Barnard Street and east of Coswell Street shall be the second ward. That part of the City of Glennville south of Barnard Street and east of Coswell, Morris and Main Streets, as herein detailed shall be the third ward. And that part of the City of Glennville south of Barnard Street and west of Coswell, Morris and Main Streets as herein detailed shall be the fourth ward. New Section 34. Division of city by wards. Sec. 9. Be it further enacted by the authority aforesaid, That section 35 of said charter be and the same is hereby repealed, and the following enacted in lieu thereof: Section 35 repealed. Sec. 35. Be it further enacted by the authority aforesaid, That women who are twenty-one years of age, who are citizens of said city, who have resided in said city one year prior to said election, who are qualified to vote for members of the General Assembly, and who have paid all taxes required of them by the laws of said city and of this State, shall be eligible for the office of mayor or councilwomen, and who are residents of said city and otherwise qualified under section 37 of this amendment shall be eligible for the office of city clerk or other city offices. New Section 35. Women may hold office. Sec. 10. Be it further enacted by the authority aforesaid, That section 36 of said charter be and the same is hereby repealed, and the following enacted in lieu thereof: Section 36 repealed. Sec. 36. Be it further enacted by the authority aforesaid, That in cases where two or more candidates for any city office shall receive the same number of votes thereby resulting in a tie at any general city election held on the second Wednesday in December, the candidates so tied shall run over and such tie off at an election to be held for that purpose on the third Wednesday in December following Page 657 the general city election at which such tie resulted; and in case of a tie between candidates at a special election held for the purpose of filling vacancies as prescribed in section 14 of this amendment, such parties so tied shall run over and such tie off at an election to be held for that purpose on a date fixed by the city council, which date shall not be less than seven, nor more than fifteen, days from the date such tie resulted. New Section 36. Election to decide tie. Sec. 11. Be it further enacted by the authority aforesaid, That section 37 of said charter be and the same is hereby repealed, and the following enacted in lieu thereof: Section 37 repealed. Sec. 37. Be it further enacted by the authority aforesaid, That the city clerk, who it is herein provided, shall be elected by the voters of said city, is hereby made ex-officio city tax receiver, ex-officio city tax collector and ex-officio clerk of the mayor's court and shall perform the duties usually incident to such offices. He shall attend all meetings of the mayor and councilmen, and of the mayor's court and keep the minutes, books and files of each; collect all fines, taxes and other money due the city, attend to the issuance of all licenses, permits, sign and issue all writs and processes for the collection of taxes due the city, and shall perform such other duties as may be required of him by the mayor and councilmen, or by ordinance of the city. He shall also keep his office open from eight o'clock in the forenoon until twelve o'clock noon, and from one-thirty o'clock until six o'clock in the afternoon, every day, Sundays and public holidays excepted. Said city clerk shall at all times be subject to the jurisdiction of the city council, and amenable to its discipline, and said mayor and council shall have power to suspend or remove him from office by a majority vote of the entire body, either for misconduct, failure to perform his duties, inability to perform his duties, failure to abide by and carry out the instructions of the mayor and council, or for any cause that may seem just and proper, after a fair notice and opportunity to be heard, the said mayor and council being the sole judges to determine whether Page 658 or not sufficient cause exist, and also as to the notice and opportunity given. Should the city clerk be suspended or removed from office by order of the mayor and council, he shall receive no further compensation if removed, and no compensation for such time as the suspension may exist. And if for any reason whatever a vacancy should occur in the office of city clerk, such vacancy may be filled temporarily by appointment of the mayor and council, until an election can be called and a city clerk elected as provided in section 14 of this amendment. The city clerk shall be at the time of his election a resident of the City of Glennville, and before entering upon the discharge of his duties shall be required to take an oath to properly discharge and perform his duties, and shall give a good and sufficient surety bond in the sum of five thousand dollars, payable to the mayor and his successors in office, for the benefit of the city, and for the use and benefit of the public to secure and indemnify the city and the public for any loss or damage by reason of his default, misfeasance, malfeasance, non-feasance or negligence. Said city clerk shall receive for his services such salary as may be fixed by the mayor and council, which shall not be less than nine hundred dollars, nor more than fifteen hundred dollars, per annum, which shall be paid monthly. New Section 37. City clerk; duties. Subject to jurisdiction of council. Vacancies, how filled. Qualifications; oath; bond. Salary. Sec. 12. Be it further enacted by the authority aforesaid, That section 47 of said charter be and the same is hereby repealed, and the following enacted in lieu thereof: Section 47 repealed. Sec. 47. Be it further enacted by the authority aforesaid, That said city council shall have power and authority to summarily and forcibly remove at any time and without notice to anyone, any and all obstructions of any kind or character whatever from the streets, sidewalks, alleys and avenues of the city. They shall have power and authority to prevent loiterers, tramps, vagrants and idle persons and lewd females from walking the streets and sidewalks of the city, and may punish them, in their discretion, by any punishment authorized by this Act. And whenever it shall Page 659 appear to the mayor by evidence sufficient to excite suspicion that any room, house, building or other place is being used in said city as a residence of lewd women, as a place where spirituous or intoxicating liquors are kept, stored or sold in violation of law or a place where gambling is being carried on, or other immoral and illegal and disorderly practices are carried on, the mayor may, and it shall be his duty to issue a search warrant and direct the chief of police or marshal, sheriff or deputy sheriff, and when necessary appoint special policemen, to enter such building, house, room, cellar, shack or other place, by force if necessary, seize such intoxicating liquors as may be found, and arrest the occupants thereof, or party or parties in whose possession such liquors are found and bring them before him to be dealt with according to law in such cases, and in all other criminal matters arising within the corporate limits of said city the mayor shall have power and authority to discharge the duties of an ex-officio justice of the peace, issue warrants for the arrest of persons who violate the penal laws of this State, within said city limits, and commit such persons to the proper courts or to jail. That said city council shall have power to regulate traffic and sales upon the streets, to regulate the speed of trains, automobiles, cars, locomotives and other vehicles or, within the city limits, to prevent the fast driving of horses or other animals through or on the streets of said city; to suppress rowdy or disorderly houses, gambling dens, houses of ill-fame and prohibit the sale or exhibition of any obscene or immoral publication, prints or illustrations within the city; to declare what shall be a nuisance and to abate the same; to provide for the punishment of all persons who may create or permit a nuisance to exist; to prevent the establishment of any offensive or unhealthy place of business within the city; to compel the owner of any stable, hog-pen, privy, or other offensive or unhealthy, nauseous house or place to cleanse, abate or remove the same and to regulate the location thereof; to prevent the keeping or storage for illegal purposes within the city any wine, liquor Page 660 or other spirituous or intoxicating liquors of any kind or character whatever, and to punish any person for violating any ordinances relating thereto. New Section 47. Powers and authority. Traffic, etc. Sec. 13. Be it further enacted by the authority aforesaid, That sections 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 65 of said charter be and the same are hereby repealed. Certain sections repealed. Sec. 14. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1923. HAPEVILLE, CITY OF; ELECTION TO REPEAL CHARTER. No. 555. An Act to repeal an Act to incorporate the City of Hapeville, approved September 16th, 1891, and an Act to amend said Act approved August 15th, 1910, and all amendments to said Acts be repealed; Provided, however, that if the majority of the qualified voters of the City of Hapeville, voting at an election held for that purpose, shall vote against the annexation of the corporate limits of the City of Hapeville to the corporate limits of the City of Atlanta, then this Act shall not become effective, but if a majority of those voting in said election shall vote in favor of said annexation, then this Act shall take effect as herein provided, and said Acts providing for the incorporation of the City of Hapeville and the several Acts amendatory thereof shall stand repealed; provided, however, further, that the result of said vote shall not become effective unless a majority of the qualified voters of the City of East Point, voting at an Page 661 election called for that purpose, shall vote in favor of annexation; if said voters of East Point voting in said election, shall vote against annexation, then this Act shall be null and void; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That an Act to incorporate the City of Hapeville, approved September 16th, 1891, and an Act to amend said Act, approved August 15th, 1910, and all amendments to said Acts, be and the same are hereby repealed. Acts of 1891 and 1910 repealed. Sec. 2. Provided, however, that if the majority of the qualified voters of the City of Hapeville, voting at an election held for that purpose, shall vote against the annexation of the corporate limits of the City of East Point to the corporate limits of the City of Atlanta, then this Act shall not become effective, but if a majority of those voting in said election shall vote in favor of said annexation, then this Act shall take effect as herein provided, and said Acts providing for the incorporation of the City of Hapeville and the several Acts amendatory thereof shall stand repealed, and thereafter be of no force and effect; provided, however, further, that the result of said vote shall not become effective unless a majority of the qualified voters of the City of East Point, voting at an election called for that purpose, shall vote in favor of annexation; if said voters of East Point voting in said election, shall vote against annexation, then this Act shall be null and void. Proviso. Majority vote to decide. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. Page 662 HARTWELL CHARTER AMENDED. No. 133. An Act to amend an Act incorporating the City of Hartwell, Hart County, Georgia, approved August 13, 1904, so as to authorize and empower said City of Hartwell, through its governing authorities, to pave, macadamize, curb and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares or other public places, or highways, or any portions thereof, within the corporate limits of said city, and to assess the costs of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds known as Street Improvement Bonds to be negotiated by the city, or otherwise used in making provisions for the payment of the costs of such improvements; to provide for a special fund for the retiring of such bonds, and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation to be used in defraying the City of Hartwell's share of the expense of said improvements; to authorize said improvements to be made, and said paving and macadamizing to be done by said City of Hartwell, as herein provided, or in connection with any department 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 the Act incorporating the City of Hartwell, Hart County, Georgia, approved August 13th, 1904, be and the same is hereby amended by adding thereto the following provisions, to wit: Act of 1904 amended. The aforesaid City of Hartwell, Hart County, Georgia, through its legally constituted authorities, is hereby authorized Page 663 and empowered to pave, macadamize, curb and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, roads, lanes, alleys, streets, public squares or other public places, or highways, or any portions thereof within the corporate limits of said city, and to assess the cost of such improvements in whole or in part, against the abutting property owners, and of the owners thereof benefited, and by suitable ordinance of the aforesaid authorities to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor, and to provide for the issuance of bonds to be known as street improvement bonds, which may be negotiated, sold or otherwise hypothecated by said city, or used otherwise in making provisions for the payment of the cost of such improvements, and to provide a special fund for the retiring of such bonds, and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation to be used in defraying the city's share of the expense of such improvement in conformity with the provisions of this Act. Improvements. Sec. 2. Be it enacted by the authority aforesaid, That whenever any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, highways or other public places, or any portion thereof within the limits of said city, shall have been authorized under the laws and ordinances thereof to be paved, macadamized, curbed or otherwise improved, and the contract therefor has been let, and the cost of such improvements has been ascertained, which cost shall include all the expenses incurred by the city incident to such improvements, the mayor and board of aldermen of said city shall by written resolution apportion the cost and expense of the same pro rata per lineal front foot to the several tracts, lots or parcels of land abutting upon the area covered by such proposed improvements, and then shall levy assessments against said abutting property and the owners thereof in accordance with such apportionments as is hereinafter provided Page 664 for, which assessments shall be paid in not more than ten equal annual installments, and shall bear interest at the rate of not exceeding eight per cent. per annum until paid, which interest may be in the discretion of said mayor and board of aldermen by proper written resolution be required to be paid annually or semi-annually at such time or times said mayor and board of aldermen may fix and determine. Cost of improvements. Sec. 3. Be it enacted by the authority aforesaid, That the Mayor and Board of Aldermen of the City of Hartwell is hereby constituted the board of appraisers, whose duty it shall be to ascertain the cost of the improvements provided for in this Act, and fix and apportion the cost and expenses of the aforesaid improvements pro rata per lineal front foot to the several tracts, lots or parcels of land abutting upon the area covered by such improvements, and in so doing said board of appraisers may take into account the location of the property abutting such improvements, its market value, its enhanced value by reason of such improvements and any and all other facts, circumstances and conditions relating thereto as will aid in arriving at a fair and equitable distribution and assessment of the costs of such improvements; the said board of appraisers shall have the right to hear evidence touching the question involved in making such apportionments and assessments, and shall have authority to compel the attendance of witnesses and the production of books, papers and such other documentary evidence as it may deem necessary to determine and fix the amount or amounts of such apportionments and assessments. A majority of said board shall constitute a quorum, and a majority of such quorum shall be all that is required in the decision of any question before said board for determination; Provided, however, that the Mayor and Board of Aldermen of the City of Hartwell may in its discretion appoint from among the residents of the City of Hartwell five persons who shall constitute said board of appraisers, the person or persons so appointed to be freeholders in said City of Hartwell, and shall possess the same qualifications as is required by the charter and ordinances Page 665 of said City of Hartwell for the office of mayor, and when so appointed shall do and perform all the duties as provided for in this Act. In the event any member of said board of appraisers is disqualified by reason of interest, relationship or other causes, the mayor of said city is authorized to appoint in the place of such disqualified member another person as a member of the aforesaid board. Board of appraisers; duties. Quorum. Proviso. Sec. 4. Be it enacted by the authority aforesaid, That the first installment of such assessments, together with the interest upon the whole, shall be due and payable on the first day of December next succeeding the date of the levy of such assessment, or at such other date or dates as the mayor and board of aldermen may in their discretion fix and determine, and one installment together with the semiannual or annual interest upon the amount remaining unpaid shall be due and payable on the first day of December in each succeeding year, or at such other date or dates as the aforesaid authorities may fix and determine, until all of said assessment, including the interest thereon, shall have been paid, but the date or dates upon which said assessments and the interest thereon shall be required to be paid, and whether annually or semi-annually, shall be by written resolution fixed and determined at the time the assessments and the apportionments thereof are made; Provided, however, any one or more of the owners of the property assessed shall have the privilege of paying the amount assessed against his property within thirty days from the date of the passage of the resolution levying such assessment, without interest, thereby relieving such property from the lien of such assessment. Installments. Proviso. Sec. 5. Be it enacted by the authority aforesaid, That such special assessment and each installment thereof, together with the interest thereon, shall be a special lien against the lots, parcels or tracts of land so assessed from the date of the resolution levying the assessment co-equal with the lien for other taxes, and prior and superior to all Page 666 other liens against such lots, parcels or tracts of land, and such liens shall continue until such assessments and the interest thereon is fully paid. Special lien. Sec. 6. Be it enacted by the authority aforesaid, That any time after the date of the passage of the ordinance or resolution apportioning and levying the aforesaid assessment the Mayor and Board of Aldermen of the City of Hartwell may by written ordinance or resolution provide for the issuance of bonds in the aggregate amount remaining unpaid, which shall bear date as may be fixed and determined in said ordinance or resolution. Said bonds to be of such denomination as said mayor and board of aldermen may determine, which bonds shall in no event become a debt or liability of said City of Hartwell by reason of its issuing the same for the purposes herein specified; one-tenth of the amount of such series of bonds with the interest upon the whole amount of such series shall become due and payable on the first day of January next succeed-the date of the issuance thereof, and one-tenth of the amount of such issue of bonds together with the interest, annual or semi-annual, upon the whole amount thereof remaining unpaid shall be payable on the first day of January in each succeeding year until all of said installments shall have been paid; said bonds shall bear interest at not exceeding eight per cent. per annum from their date until maturity, which interest may be required to be paid annually or semi-annually, as said mayor and board of aldermen may determine, and shall be designated street improvement bonds, and shall on their face recite the street or streets or other public place or places for the improvement of which they have been issued, and that they are payable exclusively from assessments which have been levied upon lots, parcels and tracts of land benefited by such improvements under the authority of this Act; said bonds shall be signed by the mayor of the City of Hartwell and attested by the secretary and treasurer thereof, and shall have thereon the impression of the incorporate seal of said city, and shall have attached thereto interest coupons, Page 667 and all bonds issued by virtue of this Act shall be payable at such place, either within or without the State of Georgia as may be designated by said mayor and board of aldermen; the proceeds of said bonds shall be applied to the payment of the contract price and other legal expenses incurred in making such improvements, or such bonds may be, in whole or in part, negotiated and delivered to the contracting person, persons, firm, firms, corporation or corporations, making and having made such improvements at such price as may be agreed upon in payment of any amount or amounts due upon such contract or contracts, and any portion of the bonds not so negotiated may be sold or otherwise disposed of by the aforesaid authorities of the City of Hartwell and the proceeds applied to any expense incident to and incurred by the city in providing for such improvements; said bonds shall be registered by the secretary and treasurer of the City of Hartwell as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration shall be endorsed upon each of said bonds. Bonds. Sec. 7. Be it enacted by the authority aforesaid, That the assessments provided for and levied under the provisions of this Act shall be payable by the person owning said lots, parcels or tracts of land on the first day of December of each year together with interest thereon to the secretary and treasurer of said city of Hartwell, who shall issue proper receipts therefor, the aforesaid officer of the City of Hartwell shall keep an accurate account of all such collections made by him, which shall be kept as a separate fund to be used and applied to the payment of such bonds and the interest thereon and for no other purpose, and the Mayor and Board of Aldermen of said City of Hartwell is authorized and empowered by proper ordinance to fix the date or dates for the payment of all assessments and interest thereon as in their discretion they deem advisable when not inconsistent with any of the other provisions of this Act relating thereto. Payment of assessments. Page 668 Sec. 8. Be it enacted by the authority aforesaid, That upon failure of any property owner to pay any assessment herein levied, the City of Hartwell is authorized to issue its execution against such property owner and such property for such sums as may be due with interest for such paving and improvements as are made by virtue of this Act, and to enforce the payment thereof by levy and sale, which execution shall be issued and sales thereunder conducted as in case of the issuance of executions and sales for other city taxes, and such sale shall vest in the purchaser absolute title to the property sold subject to the lien of the remaining unpaid installments with interest; and as against any assessment for the improvements herein provided for, and the enforcement of the same by execution and levy any abutting property owner shall have the right to file an affidavit of illegality, returnable to the superior court of Hart County and to contest the legality of such assessment, which affidavit of illegality shall set forth in detail the reasons why the affiant claims the execution is proceeding illegally, and if any part of said execution is admitted to be due, the affiant shall pay the same to the levying officer before such levying officer shall be required to receive and return said affidavit of illegality to the superior court of Hart County. When said affidavit is filed the same shall be tried and determined as in other cases of illegality, subject to all penalties provided by law in cases where such proceedings are filed for delay only, and said affiant shall be required to give a bond with good and sufficient security for the payment of costs in the event said illegality is not sustained, or in lieu thereof may file an affidavit in forma pauperis, as provided in claim cases. Executions. Illegalities. Sec. 9. Be it further enacted by the authority aforesaid, That said mayor and board of aldermen in its discretion may assess the whole or any part of the expense of constructing sidewalks, footways, curbing, drains and gutters along the sides of all public thoroughfares in said city, together with the whole or any part of the costs of all materials used in making such street improvements against Page 669 the property abutting on such throughfares, streets or highways receiving such benefits, which shall be against the property and the owners thereof according to its frontage as is provided in this Act; and the cost of making such other street improvements as are authorized under this Act shall be apportioned and assessed as follows: Not exceeding one-half of such costs shall be chargeable to the City of Hartwell, which may be paid by the levy and collection of an ad valorem tax, or by the issuance of bonds other than the street improvement bonds herein authorized to be issued, or by any funds that may be allotted to Hart County for the use and benefit of the public streets of the City of Hartwell by the State or Federal governments, or by the State and Federal governments, from either State or Federal public road funds, or both, and that either of the funds herein provided for may be supplemented by the levy of an ad valorem tax, by the issuance of bonds, or by State or Federal road funds allotted to the City of Hartwell under the laws of this State, and not exceeding one-half of the cost and expenses of improvements made in pursuance of this Act shall be assessed against the abutting property and its owners on each side of the street or other public thoroughfare paved, macadamized or otherwise improved, according to its front footage and in connection with the other provisions of this Act prescribing the manner in which such apportionment and assessment are to be made, but said City of Hartwell shall bear all the expenses and costs incurred in paving, macadamizing and improving street intersections, and is authorized and empowered to use any of the funds accruing to it from any of the sources enumerated in this Act, or may levy an ad valorem tax, or issue its own bonds for that purpose, except none of the funds arising from assessments from property and property owners and said street improvement bonds shall be used for the aforesaid purposes. Assessment of expenses. Assessments, apportionment. Sec. 10. Be it further enacted by the authority aforesaid, That when the right of way of any railroad company crosses any street, highway or other thoroughfare Page 670 within the corporate limits of said city such company shall be deemed for the purposes of this Act as the owner of the property on both sides of the street, highway or thoroughfare to the extent of the entire width of the right of way irrespective of the use to which the same may be put, or the portion thereof actually occupied by its track or tracks; any and all property owned by Hart County lying within the corporate limits of said city and abutting any street or highway thereof shall be assessable for any and all public improvements authorized by this Act in the same manner and to the same extent as such property would be if owned by any private individual without regard to the use madeby the county of such property, and such assessments made against such property shall be collected from the county by an action at common law against said county, or by such other legal method as is allowed by law for the collection of demands against said county. Railroad and county property assessable. Sec. 11. Be it further enacted by the authority aforesaid, That the Mayor and Board of Aldermen of the City of Hartwell is authorized and empowered to enact such ordinance or ordinances and adopt such resolution or resolutions as may be necessary to carry out the powers herein conferred, as well as to make all necessary provisions for the apportionment, assessment and collection of all the costs and expense herein provided for against the abutting property and the owners thereof for such street improvements as may be made under this Act, and is authorized and empowered to fix and determine the date or dates for the payment of such assessments and the interest thereon either in annual or semi-annual payments. Ordinances, resolutions, etc. Sec. 12. Be it enacted by the authority aforesaid, That the City of Hartwell is authorized and empowered to make all the improvements provided for in this Act independent of or in connection with the authorities of Hart County having control of the fiscal affairs, the roads and highways thereof, and with the State Highway Department, as is now provided by the Acts of the General Assembly of Page 671 Georgia, approved August 21, 1922, upon such terms as may be fixed by said State Highway Department not inconsistent with this Act, and make all contracts necessary in connection therewith. City may act independent. Sec. 13. Be it further enacted, That the mayor and board of aldermen is hereby authorized and empowered to levy and collect an annual tax of not exceeding one dollar on each one hundred dollars' worth of property within the city subject to municipal taxation in addition to the tax now authorized by law for street purposes, which shall be a separate fund to be used in defraying the city's share of the expense for making the improvements authorized under this Act, which shall be collected in the same manner as other taxes of the City of Hartwell are collected. Tax for improvements. Sec. 14. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. HAWKINSVILLE CHARTER AMENDED. No. 185. An Act to amend the charter of the City of Hawkinsville; to abolish the offices of mayor and aldermen and certain other offices in said city; to provide for a form of government in said city composed of commissioners and a city manager; to declare the rights and powers of said government; to amend or repeal such sections of said charter as may be necessary to carry into effect said commissioner-city manager form of government; to create the office of recorder and a recorder's court, and to provide for the compensation, powers and term of office of said recorder and the jurisdiction and powers of said Page 672 recorder's court; to provide for a submission of this Act to a vote of the electors of said city for their approval or rejection, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act approved December 18th, 1902, entitled 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, with the Acts amendatory thereto, be and the same is hereby amended in the following particulars: Act of 1902 amended. Section 1. That in lieu of the Mayor and Councilmen of the said City of Hawkinsville there is hereby created and established a commission of three citizens, who shall be known as the Board of Commissioners for the City of Hawkinsville. Said commissioners are hereby given all rights, powers and authority heretofore vested in the Mayor and Councilmen of the City of Hawkinsville except as otherwise provided herein, and the commission is further given the full power and authority to ratify the election and employment of all police and other officers, and agents and employees of said City of Hawkinsville, together with the right to fix the term of office and employment, to prescribe the duties, to name the compensation, to ratify the discharge from service in their discussion of any officer, employee or agent of said City of Hawkinsville, or to discharge such officer, employee or agent as provided in section 8, sub-section J of this Act, and to designate the office and employment by such name as the commission deems expedient, except as in this Act otherwise provided. Board of commissioners created; powers. Sec. 2. The said commissioners shall be elected by the qualified voters of said city and shall be citizens of said city who, under the said Act of 1902, are eligible to be mayor and councilmen of said city. Elected, how. Sec. 3. The said commissioners shall be elected for a term of three years, beginning January 1st of each year, Page 673 and until their successors are elected and qualified; Provided, that of the first three commissioners elected under the provisions of this Act one shall hold office for a term of one year, one for a term of two years and one for a term of three years, and the said first three commissioners so elected shall, within thirty days from their election, cast lots for the term to be held by each, and the successor of each shall be elected for a full term of three years. Said election shall be held on the sixth day of December, 1923, and shall be held under the supervision and control of the ordinary of said county, subject to the laws now of force for holding elections for mayor and councilmen of said city, and the returns from said election shall be made to said ordinary, who shall declare the result thereof. In case there is a tie vote between candidates, a new election shall be ordered by said ordinary in not less than ten days or more than fifteen days from the election, which election so ordered shall be only between the candidates receiving the same number of votes, and elections shall be called as often as may be necessary by the ordinary until a candidate or candidates may be elected. Term of office. Proviso. Election. Sec. 4. That on or before the first day of January of each year the commissioner or commissioners elected shall be notified by the ordinary or their election and shall appear before a judge or clerk of some court of record or before some justice of the peace and take and subscribe the following oath: I swear that I will faithfully and impartially demean myself as a member of the Board of Commissioners for the City of Hawkinsville during my continuance in office and in all things pertaining to my office. I will be governed by what in my judgment is for the public good and the best interest of the City of Hawkinsville, so help me God. Official oath. Sec. 5. The board of commissioners shall at their first meeting in each year, elect one of their members as chairman of the commission, or, if unable to agree, the ordinary of said county shall appoint one of said commissioners as Page 674 chairman of the commission; and each of said commissioners shall receive a salary of $100.00 per annum, payable quarterly. Shall elect chairman. Salary. Sec. 6. In said commission shall be vested all the powers heretofore vested in the mayor or the Mayor and Council of the City of Hawkinsville 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 the rights and powers heretofore given the mayor or the mayor and council, except as otherwise provided in this Act. Powers. Sec. 7. The chairman of said board shall have the powers and authority heretofore vested in the mayor of said city, except as otherwise provided in this Act. Powers of chairman. Sec. 8. Be it further enacted by the authority aforesaid, That the commissioners shall select and appoint a city manager within thirty days after their election and qualification, who shall be the administrative head of the municipal government, and who shall be responsible for the efficient administration of all departments. During the absence or disability of the city manager the commissioners may designate some properly qualified person to execute the functions of the office. The powers and duties of the city manager shall be: City manager. Powers and duties. (a) To see that all laws and ordinances are enforced. (b) To exercise control over all departments and divisions created therein, or which may be hereafter created by the commissioners. (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 of such measures as he may deem necessary and expedient. (e) To prepare and submit to the commissioners an annual budget. Page 675 (f) To keep the commissioners fully advised as to the financial condition and needs of the city. (g) To supervise and direct the official conduct of all appointive city officers, except as herein otherwise 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 for the city under rules and regulations of the commissioners. (i) To perform such other duties as may be prescribed herein as may be required of him by ordinance or resolution of the commissioners, and (j) To appoint and discharge all subordinate officers and employees in all departments; all appointments to be made upon merit and fitness alone; said right of appointment and discharge being subject to the ratification and approval of the commission at its next regular meeting after such appointment or discharge; Provided, however, that if the commission shall desire the discharge of any officer or employee of the city and the manager shall, upon demand of the commission, refuse to discharge such officer or employee, said commissioners may, by proper order, passed at a regular meeting, discharge such officer or employee. Sec. 9. Be it further enacted by the authority aforesaid, That the city manager may be removed from his office or employment at any time by a majority vote of said commissioners in their discretion; and said commissioners shall fix his compensation or salary; Provided, that the present city clerk and treasurer, city attorney and other officers of the city (except the mayor and councilmen) shall hold their respective offices and receive the compensation as at present provided therefor until the expiration of the term for which they were elected or appointed, unless sooner removed in the manner at present existing. Upon the election Page 676 and qualification of said commissioners, on or after January 1st, 1924, the term of mayor and all of the councilmen shall terminate. How removed. Proviso. Compensation. Sec. 10. Be it further enacted by the authority aforesaid, That the commissioners shall each year cause to be printed a detailed, itemized statement of receipts and disbursements of the city and a summary of its preceding year. Financial statement. Sec. 11. Be it further enacted by the authority aforesaid, That the commissioners may require the said city manager to come before them at any time and answer questions either orally or in writing and may require from said city manager at any time they see fit, written reports upon any matter involving the city that they deem proper, and that 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. Weekly reports. Sec. 12. Be it further enacted by the authority aforesaid, That the said city manager shall devote his entire time to the office and the members of the commission shall devote as much of their time as may be necessary. The said commission shall meet at least once each month at stated periods, and shall hold their meetings in public except when they deem executive session necessary; shall keep minutes of their proceedings and shall record all their actions. All votes shall be taken by aye and no and shall appear on the minutes. They shall be required to meet at such times and as often in extra meetings as any two of them or the chairman may designate or call. The chairman shall appoint one of the commissioners chairman pro tem. who may exercise the routine duties of the chairman in case of the chairman's absence or inability to act for any reason. In the 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 Page 677 now in force relative to filling vacancies on the council of said city or that may hereafter be adopted by said commission. Monthly meetings. Extra meetings. Vacancies, how filled. Sec. 13. Be it further enacted by the authority aforesaid, That no commissioner shall, before going into office, solicit votes for himself or others, or promise any person to appoint him to office, or promise to vote for such person or any other person or any 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. No promise to be made; violation to be punished. Sec. 14. Be it further enacted by the authority aforesaid, That the corporate name and organization of the City of Hawkinsville is hereby in all respects preserved, as in the original Act of 1902, and the Acts amendatory thereof, and all Acts not inconsistent with this Act are hereby declared of force. Corporate name preserved. Sec. 15. That after the first election of commissioners herein provided for elections shall be held annually on the Tuesday in December, under the rules and regulations now provided for holding elections for mayor and councilmen, and such other rules and regulations as may be hereafter adopted by said commission for the election of a commissioner to succeed the commissioner whose term of office expires first following and the managers of the election shall give the persons elected a certificate of election, which certificate will entitle the holder to be installed into office. Annual elections. Sec. 16. Be it further enacted under the authority aforesaid, There is hereby created a recorder's court, to be presided over by a recorder who shall be appointed by the said commissioners, who shall fix his salary and his term of office. Recorder's court created. Page 678 Said recorder shall hold said office at the pleasure of said board of commissioners. Said recorder's court shall be open at all times for the transaction of such business as may come before it, and shall have jurisdiction to try and punish all persons charged of violation of the ordinances of said city. Open at all times. Said court shall have power to enforce its judgments by infliction of such penalties as provided by law; shall punish witnesses for inattendance upon said court; and to punish for contempt of said court by fine not to exceed $10.00 or by imprisonment in the city jail not to exceed ten days. Powers. In the absence or disability or disqualification of said recorder, said court shall be presided over by the chairman of said board of commissioners; or in the absence or disqualification of said chairman, by some other commissioner of said board. No appeal shall lie from decisions of the presiding officer of said recorder's court, but the right of certiorari as is set forth in section 19 of the Act approved December 18th, 1902, is hereby preserved. Certiorari. Sec. 17. Be it further enacted, That a special election in the City of Hawkinsville, to be held under the same rules and regulations as to registration and qualifications of voters and other conditions of city elections, on the first Tuesday in October, 1923, between 7 a. m. and 6 p. m. The tickets for said election shall have written or printed thereon the words For Commission Government or Against Commission Government, and if a majority of those voting in said election shall vote for For Commission Government this Act shall be in full force and effect. Election called. Tickets. 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 July 27, 1923. Page 679 HAWKINSVILLE, CITY OF; TAX APPEALS. No. 184. An Act to amend section 38 of the charter of the City of Hawkinsville, Georgia, as contained in an Act to create a new charter for the City of Hawkinsville, etc., approved December 18th, 1902, so as to provide for an appeal from the decision of the tax assessors of said city, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 38 of the Act approved December 18th, 1902, to create a new charter for the City of Hawkinsville is hereby amended as follows, to wit: Act of 1902 amended. By striking the last sentence in said section 38, In all cases the decision of said assessors shall be final, and By adding to said section 38 the following, to wit: Said notice to show cause before said tax assessors why said valuation should not be raised and said return corrected shall name the time and place of the hearing and shall be served either personally or by leaving the same at the residence or place of business of the taxpayer by the chief of police or any policeman or marshal of said City of Hawkinsville, or in case of non-residence in the City of Hawkinsville, by sending said notice through the United States mail to his last known place of address, Section 38 amended. And by adding to said section 38 the following, to wit: If any taxpayer is dissatisfied with the action of said board, he may within three days from the giving of said notice in case of residents, and within ten days in case of non-residents of the county, give notice to said board that he demands an arbitration, giving at the same time the name of his arbitrator; the board shall name its arbitrator within two days thereafter and these two shall select a Page 680 third, a majority of whom shall fix the assessments and the property on which said taxpayer shall pay taxes, and said decision shall be final. The said arbitrators shall be freeholders of the City of Hawkinsville and shall render their decision within five days from the date of the naming of the arbitrator by said board, else the decision of said board shall stand affirmed and shall be binding in the premises. Before entering upon a hearing the said arbitrators shall take an oath before the city clerk: (a) that they will faithfully and impartially make a true and just assessment of the tax returns and property in question, and will determine the matters submitted to them according to law and justice and the equity of the case. So that said section 38, when amended, will read as follows: Be it further enacted by the authority aforesaid, That it shall be the duty of every citizen and property owner, and they are hereby required to make annual returns under oath to said board of tax assessors within the time prescribed by said assessors of a full and complete schedule of all their taxable property, held in their own rights and in behalf of others, and in case any person shall fail or refuse to make such returns, or shall make any return deemed by the board of assessors incorrect, said board of assessors shall assess the property of such person and fix such value thereon as they deem correct and just. A majority of said board of assessors shall constitute a quorum. It shall be the duty of said assessors to scrutinize carefully each and every return made by any taxpayers to said city, and if in their judgment they find the property embraced in the return or any part of the return to be below the market value of the property, or the return is incomplete or incorrect, said assessors shall give such property owner or his agent a notice to show cause before them at a certain time and place why said valuation should not be raised and said return Page 681 corrected, and notice throughout the mails shall be deemed sufficient notice. Said notice to show cause before said tax assessors why said valuation should not be raised and said return corrected shall name the time and place of the hearing and shall be served either personally or by leaving the same at the residence or place of business of the taxpayer by the chief of police or any policeman or marshal of said City of Hawkinsville, or in case of non-residence in the City of Hawkinsville, by sending said notice through the United States mail to his last known place of address. After said hearing is had or the time fixed for the hearing has expired, said board may alter the assessment or not, as they deem just and right. If any taxpayer is dissatisfied with the action of said board, he may within three days from the giving of said notice in case of residents, and within ten days in case of non-residents of the county, give notice to said board that he demands an arbitration, giving at the same time the name of his arbitrator; the board shall name its arbitrator within two days thereafter and these two shall select a third, a majority of whom shall fix the assessments and the property on which said taxpayer shall pay taxes, and said decision shall be final. The said arbitrators shall be freeholders of the City of Hawkinsville, and shall render their decision within five days from the date of the naming of the arbitrator by said board, else the decision of said board shall stand affirmed and shall be binding in the premises. Before entering upon a hearing the said arbitrators shall take an oath before the city clerk: (a) that they will faithfully and impartially make a true and just assessment of the tax returns and property in question, and will determine the matters submitted to them according to law and justice and the equity of the case. Tax returns. Quorum. Duty of assessors. Arbitration. Oath. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1923. Page 682 IRWINTON TERRITORIAL LIMITS CHANGED. No. 584. An Act to amend an Act incorporating the Town of Irwinton, approved August 13, 1904, changing the corporate limits of said town, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act that section 2 of the Acts incorporating the Town of Irwinton, approved August 13, 1904, be and the same is hereby repealed, and the following section be substituted in lieu thereof, to wit: Act of 1904 repealed. Sec. 2. Be it further enacted by authority aforesaid, That the corporate limits of said Town of Irwinton shall be as follows: One mile in all directions from the court-house. Corporate limits. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. JASPER CHARTER AMENDED. No. 117. An Act to amend, revise, consolidate and supersede the several Acts incorporating the Town of Jasper, in the County of Pickens, said State, and to create and establish a new charter and municipal government for said town, to define the rights, powers and duties of the same, to repeal conflicting laws, and for other purposes. 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 approved Page 683 July 22, 1910, entitled An Act to incorporate the Town of Jasper, in the County of Pickens, State of Georgia, to define its limits, to declare the rights, powers and privileges of said corporation, and for other purposes, be and the same is hereby amended as follows: Act of 1910 amended. First. By striking out of section 9, said Act, the words one-half of after the word exceed, in the fifth line of said section, and before the word one in the sixth line of said section, and by adding at the end of said section the following: The mayor and council shall have power and authority to impose a tax on dogs owned and kept within said town not to exceed two dollars per annum each, and shall have power to pass such ordinances as they deem necessary to collect such tax or otherwise enforce the provision of this section, and may direct the marshal of said town to kill any dog or dogs at large within the limits of said town, whose owner has failed to pay said tax or refuses to comply with such ordinance, so that when amended said section shall read as follows: Amending language. Sec. 9. Be it further enacted by the authority aforesaid, That the Mayor and Council of said Town of Jasper shall have power and authority to levy and collect a tax upon all property both real and personal, within the corporate limits of said Town of Jasper, not to exceed one per centum per annum; to levy and collect a specific tax upon all business, occupations or trades, public or private, exercised or carried on within the limits of said town, as may be just and proper, and all shows or exhibitions, and all other business of every description coming within the police power of said town. They shall provide by ordinance for the return for taxation of all property in said town, both real and personal, which return shall include all species of personal property owned by the taxpayer, including all monies and solvent debts, all monies deposited in any bank or banks, in or without this State, which return shall be made to the clerk of council. They shall also provide by ordinance a time for the return of the property for taxation Page 684 to the clerk of council, and also fix a time for the payment of said taxes. Said return of property for taxation shall be made under oath of the taxpayer, at such a time as may be fixed by council. The mayor and council shall have power and authority to impose a tax on dogs owned and kept within said town not to exceed two dollars per annum each, and shall have power to pass such ordinances as they deem necessary to collect such tax, or otherwise enforce the provision of this section, and may direct the marshal of said town to kill any dog or dogs at large within the limits of said town, whose owner has failed to pay said tax or refuses to comply with such ordinance. Mayor and council; general powers. Second. By adding at the end of section 12 of said Act the following: They shall have full power and authority to condemn property for the purpose of laying out new streets, alleys or sidewalks of said town, and for widening, straightening and grading or in any way changing the street lines and sidewalks of said town, and when they desire to exercise the power as to condemnation herein granted it may be done, whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in sections 5206 to 5235 inclusive, volume one, of the Code of Georgia of 1910, and the Acts amendatory thereof. They shall have full power and authority to remove or cause to be removed, any building, step, fence, tree, gate, post or other obstruction or nuisance in the streets, alleys, lanes, sidewalks or other public places in said town, and to enforce the provision of this section by appropriate ordinance. They shall have full power to alter, change or re-establish the grades of any street or sidewalk now or hereafter opened or laid out in said town, and to order and compel compliance therewith and observance thereof, by any railroad company occupying or using or crossing such street or sidewalk or any part thereof. They shall have full power and authority to grade, pave or otherwise improve streets and sidewalks of said town, now or that may hereafter be opened, laid out or Page 685 constructed. In order to make effective the power and authority given and to provide funds therefor, said mayor and council shall pay one-third of the actual cost of paving sidewalks and streets out of the treasury of said town, and assess two-thirds of the actual cost of paving sidewalks and streets against the real estate abutting on the sidewalk or street. Any railroad company having a track or tracks running along or across the streets of said town shall be required to pay the costs in full of paving, grading or otherwise improving such street between their said tracks and for two feet on each side thereof. They shall have power and authority to require the railroads running through said town or any portion thereof to make and repair public crossings and bridges and to widen any bridge or bridges now erected or that may be hereafter erected over any railroad track or tracks in said town, for pedestrians or vehicles over or across their several roads whenever and in such manner as said mayor and council shall deem necessary; to make or repair such crossings or to open or keep open any street in said town crossing them; to conform their tracks to the established grades of streets and crossings as may be now or are hereafter opened, laid out or constructed, and they may pass any ordinance needful for carrying out the provisions of this section. And in case any railroad shall fail or refuse to make such crossings or bridges, or to widen any such bridge within ten days after having been notified so to do by said town, the mayor and council shall have the power to make such change in said bridge or crossing or to repair the same at the expense of the railroad company, and may issue execution therefor and levy and collect the same as in cases of tax executions. The amount of the assessment on each piece of real estate abutting on the sidewalk or street paved or graded as herein provided for, shall be a lien on said real estate from the passage of the ordinance providing for the work and making the assessment and the mayor and council shall have full power and authority to enforce the collection of any amount so assessed for such improvements Page 686 or work done upon the sidewalks or streets, by execution to be issued by the clerk of council against the real estate so assessed, and against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the marshal of said town on such real estate, and after advertising as in case of sales of real estate the same may be sold at public outery to the highest bidder and such sale shall vest absolute title in the purchaser; Provided, that the defendant shall have the right to file an affidavit of illegality denying that the whole or any part of the amount for which the execution is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received; which affidavit when received shall be returned to the superior court of Pickens County, and there tried and the issues determined as in cases of illegality and subject to all the penalties provided by law in cases of illegality for delay. The liens for assessments on abutting real estate, and on railroad companies for street or sidewalk grading or paving, shall rank in priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case, so that when amended said section shall read as follows: The amendment. Proviso. Sec. 12. Be it further enacted by the authority aforesaid, That said mayor and council shall have general supervision over the streets and sidewalks of said town, and are required to keep the same in good repair and see that the same are properly worked. They shall have authority to require all persons subject to road duty under the laws of this State to work upon the streets and sidewalks of said town, or they may, in lieu of such work provided for a commutation tax to be paid. And upon the failure of any person subject to road duty to work upon the streets and sidewalks of said town, or pay the commutation tax, in lieu thereof, they may impose a fine of not more than twentyfive dollars for each offense, or may imprison such defaulter in the common jail of said county for not more Page 687 than twenty-five days, or may work such defaulter under guard on the streets of said town for not more than twenty-five days. They shall have authority to open or close such streets and alleys as may become necessary for public convenience. They shall have full power and authority to condemn property for the purpose of laying out new streets, alleys or sidewalks of said town and for widening, straightening and grading or in any way changing the street lines or sidewalks of said town, and when they desire to exercise the power as to condemnation herein granted, it may be done, whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in sections 5206 to 5235 inclusive, volume one, of the Code of Georgia of 1910, and the Acts amendatory thereof. They shall have full power and authority to remove or cause to be removed any building, step, fence, tree, gate, post or other obstruction or nuisance in the streets, alleys, lanes, sidewalks or other public places in said town, and to enforce the provision of this section by appropriate ordinance. They shall have full power to alter, change or re-establish the grades of any street or sidewalk now or hereafter opened or laid out in said town, and to order and compel compliance therewith and observence thereof by any railroad company occupying, or using, or crossing such street or sidewalk or any part thereof. They shall have full power and authority to grade, pave or otherwise improve street and sidewalks of said town now or that may hereafter be opened, laid out or constructed. In order to make effective the power and authority given to provide funds therefor, said mayor and council shall pay one-third of the actual cost of paving sidewalks and streets out of the treasury of said town, and to assess two-thirds of the actual cost of paving sidewalks and streets against the real estate abutting on the sidewalk or street. Any railroad company having a track or tracks running along or across the streets of said town shall be required to pay the costs in full of paving, grading or otherwise improving such street Page 688 between their said tracks and for two feet on each side thereof. They shall have power and authority to require the railroads running through said town or any portion thereof to make and repair public crossings and bridges. And to widen any bridge or bridges now erected or that may be hereafter erected over any railroad track or tracks in said town for pedestrians or vehicles over or across their several roads whenever and in such manner as said mayor and council shall deem necessary, to make or repair such crossings, or to open or keep open any street in said town crossing them; to conform their tracks to the established grades of streets or crossings as may be now or are hereafter opened, laid out or constructed, and they may pass any ordinance needful for carrying out the provisions of this section. And in case any railroad company shall fail or refuse to make such crossings or bridges or to widen any such bridge within ten days after having been notified so to do by said town, the mayor and council shall have power to make such change in said bridge or crossing, or to repair the same at the expense of the railroad company, and may issue execution therefor and levy and collect the same as in cases of tax executions. The amount of the assessment on each piece of real estate abutting on the sidewalk or street paved or graded as herein provided for, shall be a lien on said real estate from the passage of the ordinance providing for the work and making the assessment, and the mayor and council shall have full power and authority to enforce the collection of any amount so assessed for such improvement or work done upon the sidewalks and streets by execution to be issued by the clerk of council against the real estate so assessed, and against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the marshal of said town on such real estate, and after advertising as in case of sales of real estate, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser; Provided, that the defendant shall have the right to file an affidavit of illegality denying that the Page 689 whole or any part of the amount for which the execution is due and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received, which affidavit when received shall be returned to the superior court of Pickens County and there tried and the issues determined as in cases of illegality, and subject to all the penalties provided by law in cases of illegality for delay. The liens for assessment on abutting real estate, and on railroad companies for street or sidewalk grading or paving shall rank in priority of payments next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Supervision of streets and sidewalks. Condemn property. Improvements. Public crossings, etc. Proviso. Third. By adding at the end of section 13 of said Act the following: They may also provide for a salary of the mayor and councilmen by ordinance at the last meeting of the mayor and council to be held in 1923 and biennially thereafter, which said salary shall not be changed during the term for which they are elected. When any person is arraigned before the mayor's court for a violation of any ordinance, 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 give bond and security for his appearance at the time for trial, or be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the mayor, mayor pro tem. or 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, requiring them to show cause why said bond should not be forfeited. The marshal or any police officer may take bonds for the appearance of any person arrested by them for violations of town ordinances before the mayor, mayor pro tem. or council, as the case may be, for trial, and all such bonds may be forfeited as hereinbefore provided for forfeitures of appearance bonds by the mayor or mayor pro tem. The accused may appeal his case to council upon payment Page 690 of costs from any decision of the mayor, mayor pro tem. or any councilman trying such case for the violation of any ordinance of said town, and three councilmen shall constitute a quorum for the transaction of all business except in cases of appeal by any accused, when he may demand a hearing before all five members of council. The marshal and police officers of said Town of Jasper are authorized to arrest under warrants placed in their hands charging any person with crime to the same extent as sheriffs of this State. The marshal and police officers of said town are also authorized to arrest anywhere within this State any person charged with violating any ordinance of said town upon written warrant signed by the mayor or mayor pro tem., so that when amended said section shall read as follows: Section 13 amended. Bond in mayor's court. Appeal. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town and preside at all meetings of council, but shall have no vote upon any question to be decided by council except in case of a tie, when he shall cast the deciding vote. The mayor and council of said town shall have authority to pass all needful ordinances for the protection of property, for the preservation of the peace, the good order and welfare of said town; to preserve the morals, health and safety of the people of said town, and to abate nuisances, and provide for the punishment of all violations of the ordinances of said town, consistent with the law of this State. The mayor and council shall meet once each month in regular meeting for the transaction of general business, and may have call meetings at such times as they may deem necessary. Said mayor and council may provide such compensation for the payment of any officer selected by them as they may deem just and proper. They may also provide for a salary of the mayor and councilmen by ordinance at the last meeting of the mayor and council to be held in 1923, and biennially thereafter, which said salary shall not be changed during the term for which they are elected. When any person is arraigned before the mayor's Page 691 court for a violation of any ordinance, 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 give bond and security for his appearance at the time for trial, or be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the mayor, mayor pro tem. or 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, requiring them to show cause why said bond should not be forfeited. The marshal or any police officer may take bonds for the appearance of any person arrested by them for violations of town ordinances before the mayor, mayor pro tem. or council, as the case may be, for trial, and all such bonds may be forfeited as hereinbefore provided for forfeitures of appearance bonds before the mayor or mayor pro tem. The accused may appeal his case to council upon payment of costs from any decision of the mayor, mayor pro tem. or any councilman trying such case for the violation of any ordinance of said town, and three councilmen shall constitute a quorum for the transaction of all business except in cases of appeal by the accused, when he may demand a hearing before all five members of council. The marshal and police officers of said Town of Jasper are authorized to arrest under warrants placed in their hands charging any person with crime to the same extent as sheriffs of this State. The marshal and police officers of said town are also authorized to arrest anywhere in this State any person charged with violating any ordinance of said town upon written warrant signed by the mayor or mayor pro tem. Mayor. Mayor and council; authority. Compensation. Bond forfeited. Appeal. Arrests. Fourth. By adding at the end of section 19 of said Act the following: Said mayor and council may grant franchises, easements and rights-of-way over, under, in or on and along the public streets, lanes, alleys, sidewalks and other public places in said town on such terms or conditions as they may fix by ordinance; Provided, that no such Page 692 franchise or easement or right-of-way as provided by this section shall be granted for a term of more than thirty years, nor without fair and adequate compensation to said town to be provided for in such franchise ordinance; and, provided, further, that no such franchise shall be granted until the application for the same with a description of the nature of the franchise, the streets on which it is desired, the terms upon which asked, and the time at which it will be acted upon shall have been advertised at the expense of the applicant once a week for four weeks in a newspaper published in said town, or if none such, then in the newspaper in said county carrying the sheriff's advertisements, so that when amended said section shall read as follows: Section 19 amended. Proviso. Sec. 19. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to grant a franchise for not more than twenty years to an electric light company or any other person to use the streets of said town in the operation of an electric light plant. Also to provide for the establishment of waterworks for said town. Said mayor and council may grant franchises, easements and rights of way over, under, in or on and along the public streets, lanes, alleys, sidewalks and other public places in said town, on such terms or conditions as they may fix by ordinance; Provided, that no such franchise or easement or right-of-way as provided by this section shall be granted for a term of more than thirty years, nor without fair and adequate compensation to said town, to be provided for in such franchise ordinance; and, provided, further, that no such franchise shall be granted until the application for the same with a description of the nature of the franchise, the streets on which it is desired, the terms upon which asked, and the time at which it will be acted upon shall have been advertised at the expense of the applicant, once a week for four weeks in a newspaper published in said town, or if none such, then in the newspaper in said county carrying the sheriff's advertisements. Franchises. Proviso. Page 693 Sec. 2. Be it further enacted by the authority aforesaid, That all Acts of the General Assembly heretofore passed incorporating the Town of Jasper are hereby consolidated into and superseded by this Act, and all provisions of former Acts inconsistent with or at variance with this Act or any provisions hereof are hereby repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Inconsistent Acts repealed. Approved July 19, 1923. JEFFERSON CHARTER AMENDED. No. 549. An Act to amend an Act approved December 12, 1899, entitled An Act to incorporate the City of Jefferson, in the County of Jackson, and prescribe its limits; to provide for a mayor and aldermen and other officials of said city, and prescribe their powers and duties, and the manner of their election, and for other purposes; and Acts amendatory thereof. To provide the manner of registration and qualification of voters in city elections; to provide a board of health, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 7, page 216, Acts of the General Assembly of Georgia, 1899, approved December 12, 1899, be and the same is hereby amended by substituting the word seventy-five in lieu of fifteen in the seventh line of said section; and substituting the word sixty in lieu of five in the eighth line of said section. Section 7, Act of 1899, amended. Sec. 2. Be it further enacted by the authority aforesaid, That the registrar shall furnish the list or book of registration provided for in section 7 of said Act, referred to in section 1 hereof, to a board of registrars who shall be elected as hereinafter provided, said list or book of Page 694 registration to be accompanied by an alphabetical list of the names of the registered voters, and said board of registrars shall proceed at once to purge said list of voters, and on the day of the election shall deliver to the managers of the election an alphabetical list of the names of those who are qualified to vote in the election. Registrar shall furnish list of voters. Sec. 3. Be it further enacted by the authority aforesaid, That the board of registrars shall consist of three members, freeholders of said city, a majority of whom may act, and they shall be elected in the same manner as the clerk and treasurer of said city is elected. The mayor and council shall elect the members of said board for the year 1923 at the first regular meeting after the approval of this Act, and thereafter the members of said board shall be elected at the same time the clerk and treasurer and other city officials are elected to serve for a term of one year coincident with the term of service of the clerk and treasurer and other officials so elected. Said board of registrars are empowered and required to notify those whose names appear on the list of registration who for any reason appear to be disqualified to vote in the election, to summon witnesses to appear and testify, and finally pass upon any question arising as to the disqualification of any one whose name appears upon the said registration list. Board of registrars; their election and powers. Sec. 4. Be it further enacted by the authority aforesaid, That the mayor and council of said city is hereby empowered to provide by ordinance a board of health for said city and make such rules and regulations as they may deem proper and necessary governing such board, or they may delegate to such board authority to provide such rules and regulations as it may find necessary and proper to make its work effective. Board of health. 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 20, 1923. Page 695 JERSEY PUBLIC SCHOOLS ABOLISHED. No. 155. An Act to repeal an Act approved August 13, 1915, entitled an Act to amend the charter of the Town of Jersey, in Walton County, Georgia, so as to authorize the Town of Jersey to establish a system of public schools in and for said Town of Jersey, and for other purposes. Section 1. Be and it is hereby enacted by the General Assembly of Georgia, That an Act approved August 13, 1915, entitled an Act to amend the charter of the Town of Jersey, in Walton County, Georgia, so as to authorize the Town of Jersey to establish a system of public schools in and for said Town of Jersey, and for other purposes, is hereby repealed. Act of 1915 repealed. Sec. 2. Be it further enacted by authority aforesaid, That all laws in conflict with this Act be and the same are hereby repealed. Approved August 3, 1923. JESUP OFFICERS; ELECTION AND APPOINTMENT. No. 496. An Act to amend an Act incorporating the City of Jesup, Acts 1915, page 639, to provide for the election of officers, advising their term of office, to provide for the appointment of board of registrars, define their duties and to advise a time for holding an election for officers in the City of Jesup. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, that there shall be an election held in the City of Jesup on the first Saturday in December, 1923, for the election of a Page 696 mayor and five (5) councilmen, all of whom shall hold office for a term of two (2) years after they are duly elected and qualified, and that on the first Saturday in December, 1925, and each and every consecutive two years thereafter, there will be elected a mayor and five (5) councilmen to serve two years as they are duly elected and qualified, and that said election shall be held biennially, and that on the first Saturday in December. Said officers shall serve for the term of two years and until their successors are duly elected and qualified. Said election shall be held at the council room or city hall in the City of Jesup, shall be opened at 8 o'clock a.m. and closed at 6 o'clock p.m., and shall be held under the superintendence of a justice of peace and notary public, an ex-officio justice of peace, and two freeholders, and in the presence of justice of peace or notary public, said election shall be held by two freeholders of said city under the form and regulations prescribed by law for holding elections for members of the General Assembly insofar as they are applicable to said election, and to not conflict with the specific rules herein contained, and all elections held in said city at any time, and for any purpose whatever shall be held in the same manner. All elections for mayor and councilmen and all other elections shall be held under the same provision of law. Election called. Officers to be elected. Term. Be it further enacted, That from and after the passage of this Act, that no officer of said city shall be elected except the mayor and councilmen above provided. Be it further enacted, That the office of marshal, chief of police, clerk of city council and the office of attorney shall be made appointive, and the mayor and council in their regular meeting will be authorized to appoint or select any of the above officers above described. Certain officers to be appointed. Be it further enacted, That the mayor and council at any regular meeting or at any call meeting shall have the right after giving three days' notice to suspend or discharge any Page 697 marshal, clerk of the city council, chief of police, city attorney or any officer of said town so appointed, on proof of derelict of duty. May suspend. Sec. 2. Be it further enacted by the authority aforesaid, That twenty (20) days before the next regular election to be held on the first Saturday in December, 1923, and twenty (20) days before each election thereafter, that the mayor and council shall appoint a board of registrars consisting of three (3) freeholders, residents of said city, who shall go over and make up a registered list of the duly qualified voters in said city, and shall furnish said list to the election manager at said election, and no person shall be qualified to vote at any election except when his name appears on said voters' list as duly qualified to vote. Board of registrars. Sec. 3. 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 by 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 same was abolished; the title with the right to make rental contracts, with the authority to collect rent, lease, sub-let 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 when the price to be paid is more than five hundred dollars before an election shall be held and a majority of the qualified voters authorizing same. Control of school property. Sec. 4. Be it further enacted, That all laws or parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 18, 1923. Page 698 LOUISVILLE CHARTER AMENDED. No. 140. An Act to amend an Act approved December 18th, 1900, entitled An Act to consolidate, amend and supersede the several Acts incorporating the Town of Louisville, Georgia, in the County of Jefferson, and the several Acts amendatory thereof; so as to change the place of holding elections; to provide for permanent registration of voters, for compensation of mayor and council, for a clerk not to be a member of council, for a superintendent of streets not to be a member of council, for bonds to be given by clerk and treasurer, for amount of street 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 from and after the passage of this Act, section 4 of an Act approved December 18th, 1900, consolidating, amending and superseding the several Acts incorporating the Town of Louisville, Georgia, in the County of Jefferson, be and the same is hereby amended by striking from said section in the second line thereof after the words held at the the word courthouse, and inserting in lieu thereof the words city hall. Section 4, Act of 1900, amended. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, section 8 of the said Act approved December 18th, 1900, be and the same is hereby amended by striking from the said section in the 17th line thereof after the words required of me the words State, county and municipal, and inserting in lieu thereof in said line the words by the City of Louisville; and by adding in the last line of the said section after the last word thereof this language: Provided, however, that all persons who duly registered in accordance with the provisions of this section for the last general election, and all persons who shall hereafter once register in accordance with the provisions of this section, shall be deemed to have Page 699 complied with the provisions of this section, and to have registered for all future elections, so long as their names shall not be purged from the said registration book for legal cause; and, provided, further, that said registration book shall be purged by city council of the names of all persons known or shown to city council not to be qualified to vote, before said registration book is furnished by the clerk of city council to the election managers before each election. And provided, further, that the clerk of council shall furnish to the election managers, along with the said registration book, an alphabetical list of the names so purged from the said registration book by said city council before each election, and said election managers shall be the judges of the right of any person whose name is so purged from the said book to have his name re-entered upon the same as a registered voter and to vote in the said election. Section 8 amended. Proviso. Sec. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, section 1 of an Act amending an Act entitled An Act to consolidate, amend and supersede the several Acts incorporating the Town of Louisville, Georgia, in the County of Jefferson, and the several Acts amendatory thereof, approved August 8th, 1916, be and the same is hereby amended by striking from the said section in the eighth line thereof after the words shall be the words one hundred and fifty dollars ($150.00) and inserting in lieu thereof the words two hundred dollars and by adding after the last word in the last line of the said section the language, and shall be furnished, without charge, electric current and water, for the use of their homes, and not otherwise. Section 1, Act 1916, amended. Sec. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, section 20 of the said Act approved December 18th, 1900, be and the same is hereby amended by striking from the said section Page 700 in the fourth line thereof after the words their number the words a clerk, and by inserting in said fourth line after the word treasurer the words and they shall likewise elect a clerk, who shall not be a member of council, and whose salary shall be fixed by council. Section 20 amended. Sec. 5. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, section 21 of the said Act approved December 18th, 1900, be and the same is hereby amended by striking from the said section in the fourth and fifth lines thereof after the word appoint the words from among the members of city council, and by adding at the end of the said section after the word city in the last line thereof this language: the salaries of such employees, in each instance, to be fixed by the council of the said city. Section 21 amended. Sec. 6. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, section 24 of the said Act approved December 18th, 1900, be and the same is hereby amended by inserting after the last word in the last line of the said section this language: Provided, that the bond of the treasurer and of the clerk shall, in each case, never be less than $10,000.00. Section 24 amended. Sec. 7. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, section 27, sub-section third, of the said Act approved December 18th, 1900, be and the same is hereby amended by striking from the said section in the fourth line of said sub-section third after the words not exceed the word three, and inserting in lieu thereof the word five. Section 27 amended. Sec. 8. Be it further enacted by the authority aforesaid, and it is hereby enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 31, 1923. Page 701 LUDOWICI, CITY OF; NEW CHARTER FOR. No. 576. An Act to create a new charter for the City of Ludowici in the County of Long, and to re-incorporate said city and define its territorial limits; to continue in operation, confirm and consolidate all Acts heretofore passed incorporating said city and amending the charter thereof; to continue the same corporate name; to provide that all ordinances, rules, regulations and resolutions of said city now in force and not in conflict with this Act be preserved and continued of force and remain valid and binding until the same are repealed or amended; to declare and constitute the rights and powers of said corporation; to prescribe the rights and powers, duties and liabilities and qualifications of all officers and the manner of their election and removal from office; to provide for the retention of office for the present officers of said city until the elections provided for in this charter are held; to provide for the manner and time of all elections in said city; to provide for the qualifications of all electors or voters therein and for the registration of same and the time in which the registration books of said city shall be opened; to provide for recorder's court and the trial and punishment therein of all offenders against the laws of said city, and the manner of appeal therefrom; to provide for a city chain gang and guard house, and the work of prisoners therein and the regulation and management of the same; to provide for a fire department, also a board of health; to authorize the mayor and council to maintain and operate a system of waterworks and sewers and electric plant; to authorize said city to borrow money; to hold elections for issuing bonds for public purposes and improvements, and other evidences of debt for like purposes to provide for parks, to grant and regulate franchises; to provide for streets, avenues, lanes, alleys, sidewalks, crossings and for the laying out, opening, grading, working and paving and curbing the Page 702 same; to provide for the opening up of all streets and alleys, and the paving and curbing of all streets, avenues and squares and the assessment against the abutting property owners for such improvements, and to determine who shall bear the expenses of paving certain crossings and squares in said city; and the creation of liens against the owners of the property effective by such improvements; to provide for the proper condemnation of property for public purposes; to abate nuisances; to create and maintain a chamber of commerce; to provide for the assessment, levy and collection of an ad valorem tax on all property, real and personal, for general purposes; to authorize the assessment and collection of a tax for street work and improvement; to the taxation and license of all kinds of business, trades, professions, shows, exhibitions and entertainments in said city; to prohibit the sale of all intoxicating liquors in said city; to prohibit the keeping or storing for illegal purposes of all intoxicating liquors; to provide for the search for the same and the seizure and destruction thereof, and the punishment of offenders; to grant encroachments on the streets; to provide for closets and sanitary sewers; to provide for the general policing and all police laws and the general welfare of the inhabitants of said corporation; to provide for all matters and things necessary and proper or incident to a municipal corporation; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the municipality of Ludowici, in Long County, is hereby incoporated under the corporate name of City of Ludowici. Corporate name. Sec. 2. Be it further enacted, That the municipal government of said City of Ludowici shall be vested in a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of City of Ludowici, and by that name and style shall have perpetual succession; Page 703 shall have and use a common seal and be capable in law and equity to purchase, have and hold, receive and enjoy, possess and retain to them and their successors for the use of the City of Ludowici within or without the limits thereof, and estate or estates, real or personal, of whatsoever kind or nature, and shall by the said name of City of Ludowici be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State; and shall succeed to all the rights and liabilities of the present corporation of the Mayor and Council of Ludowici. Municipal government. Sec. 3. Be it further enacted, That the corporate limits of the City of Ludowici shall be all the territory contained within the following boundary: On the west by Jones Creek Swamp; south and southeast by Sweet Water Branch to the Atlantic Coast Line Railway; thence in a northwestern direction to the Macon and Darien Public Road to a point 200 feet northwest of resident of D. P. Saldetta; thence southwestward in a parallel line with A. C. L. R. R. to the intersection with Jones Creek, power being given to the corporate authorities of said city to alter, modify, change and rectify said boundaries. Corporate limits. Sec. 4. Be it further enacted, That the mayor and aldermen shall be collectively known as The City Council of Ludowici and shall be the supreme governing body, exercising all the powers herein conferred upon the corporation and not otherwise specifically delegated. Known as. Sec. 5. Be it further enacted, That the present Mayor and Council of Ludowici shall continue in the offices to which they were elected until their successors are elected and qualified; and said mayor and council shall have and exercise all the rights, powers, duties and authority conferred upon the mayor and aldermen of said city by virtue of this charter. Present officers retained. Sec. 6. Be it further enacted, That the mayor of the City of Ludowici shall be elected as herein prescribed and shall Page 704 hold office for a term of two years and until his successor is elected and qualified. Mayor; election and term of office. Sec. 7. Be it further enacted, That the first election under this charter shall be held on the first Wednesday in December, 1923, at which time there shall be elected by the qualified voters of said city a mayor and five aldermen to hold office for the term of two years, and until their successors shall be elected and qualified. First election in December. Biennially thereafter on the same day in the same month at the council room of said city a mayor and five aldermen shall be elected by the qualified voters of said city, who shall serve for a term of two years and until their successors shall be elected and qualified. Biennial election provided. Sec. 8. Be it further enacted, That should the failure of said election at any time happen, the same may be held at any time thereafter upon ten days' notice, either by the City Council of Ludowici or any five of the qualified voters of said city. Should a vacancy occur in the office of mayor or alderman from any cause, then and in that event an election to fill such vacancy shall be held upon ten days' notice being given by the remaining members of the Council of Ludowici, or should all resign, by ten days' notice of any five of the qualified voters of said city, said election shall be held at the place of holding elections for mayor and aldermen and shall in all other respects be regulated, managed and controlled as said elections. Vacancies; how filled. Sec. 9. Be it further enacted, That the term of office of the mayor and aldermen elected under the provisions of this charter shall commence on the first Monday of the January following their elections, except in the event of the election of any one or more of said officers to fill a vacancy, in which event the officers elected to fill the vacancy shall be qualified immediately upon the declaration of the result of the election. To take office 1st Monday in January. On the first Monday in January after their election the mayor and aldermen elect shall meet at the council chamber Page 705 of said city for the purpose of organizing, and they shall severally take, before some officer authorized 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 alderman, as the case may be) of the City of Ludowici, during my term of office, and that I will faithfully enforce the laws and ordinances of said city to the best of my ability without fear or favor, and in all my actions as mayor (or alderman) act as I believe for the best interest of said city, and uphold the Constitution of the State of Georgia and the United States, so help me God. Should the mayor or any alderman be absent from said meeting, he or they may take said oath of office as soon thereafter as possible. Official oath. Sec. 10. Be it further enacted, That the regular meetings of the City Council of Ludowici shall be held at the council chamber of said city on the second and fourth Tuesdays in each month at which time all regular business concerning the welfare of said city shall be transacted; but special or called meetings may be held when public emergency may require; and they may also hold adjourned meetings which shall be considered as of the meeting adjourned. Meetings twice a month. Sec. 11. Be it further enacted, That all elections held under the provisions of this charter and all elections in which any subject or question is submitted to the qualified voters of the City of Ludowici shall be managed by a justice of the peace or some other judicial officer and two freeholders, who are citizens of said city, and own real estate therein, or by three freeholders all of whom shall be citizens of said city and own real estate therein; and said managers before entering on their duties, shall take and subscribe before some justice of the peace, or other officer qualified to administer oaths, the following oath: We do swear that we will faithfully and impartially conduct this election according to law, and to prevent illegal voting to the best of our skill and knowledge, and make true returns thereof, so help us God. Elections; how held. Oath. Page 706 Said managers shall keep or cause to be kept two lists of voters at said elections and two tally sheets. All elections shall be held at the county courthouse in said city and the voting shall be by ballot. The polls shall be opened at 8 o'clock a. m. and be closed at 6 o'clock p. m., but said managers shall have the right to suspend the election one hour for dinner. The persons receiving the highest number of legal votes for the respective offices shall be declared elected. The managers and clerks of all elections held under the provisions of this charter shall be named and appointed by the mayor and aldermen prior to the elections who shall determine and provide for the payment for the managers and such clerks as may be necessary to hold said election. Election officers. Sec. 12. Be it further enacted, That after each election the managers thereof shall immediately make out and sign a certificate of return under oath of the election; said certificate shall give the name of each candidate voted for; the number of votes received by each and the office for which he is a candidate. One copy of said return together with all the ballots voted, the voters' lists and all other papers used in said election shall be by them delivered under seal to the clerk of the City Council of Ludowici; and a certificate showing the result of said election shall be by them delivered to the clerk of the City Council of Ludowici before twelve o'clock noon, the following day of the election; whereupon, it shall be the duty of said clerk to declare the result of said election and record the same upon the minutes of the said City Council of Ludowici. All election returns, ballots, lists and other papers so deposited with the clerk of the city council under seal shall be by him kept for the space of twenty days after said election and then be by him destroyed without examination, provided no contest is had. In the event of a contest it shall be his duty to keep all the papers until called upon to produce them in the court having jurisdiction of the contest, and after such Page 707 contest shall have been concluded he shall destroy all papers without examination. Certificate of return. Sec. 13. Be it further enacted, That all persons qualified to vote in this State for members of the General Assembly, who have paid all taxes legally imposed and demanded by the authorities of said city, and who shall have resided in said city six months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws or ordinances of said city, shall be qualified to vote at any election held under the provisions of this charter. Qualifications of voters. Sec. 14. Be it further enacted, That it shall be the duty of the clerk of said city on the first Monday in November of each election year, to open the registration books for the registration of the qualified voters of said city. Said books shall be kept open at such hours as the mayor and aldermen may prescribe each and every day (Sunday and legal holidays excepted) until Wednesday before the first Wednesday in December following, when it shall be fairly and absolutely closed. It shall be the duty of the clerk upon application in person and not by proxy of any citizen who is qualified to vote for the members of the General Assembly who has paid all taxes of every character legally imposed and demanded by the authorities of said city, and who upon the day of the election, if then a resident, will then have resided in said city six months prior thereto, to allow such person to register his name in said book of registration, and shall in every case before allowing the applicant to register administer to him the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in the City of Ludowici for six months next preceding this registration, or that by the date of the next election held in and for said city, if then a resident, you will have done so; that you are twenty-one years of age, or will be so prior to said day of election; and that you have paid all taxes legally imposed and demanded by the authorities of said city, so help you God. Registration books. Oath. Page 708 It shall be the duty of the clerk of said city to prepare two lists of the names of the voters registered in alphabetical order after the same have been purged by the mayor and aldermen and furnish the same to the managers of the election, under his official signature and seal of office, at or before the polls are opened. The managers shall keep said lists before them during the election and shall permit no one to vote in said election whose name does not appear thereon. List of voters. For any special election in said city for any purpose, the clerk shall open the registration books at least thirty days before the date fixed for such election and shall close the same five days before the day of election, and shall prepare and furnish the registration lists as hereinbefore provided. Registration for special election. Notice of the opening of the registration books for all elections shall be given in such manner as the mayor and aldermen shall prescribe at least twenty days before the closing thereof. Notice. Should the name of any person qualified to vote in any election and who registered therefor with the clerk in due form and time be accidentally omitted from the registration lists furnished the managers of said election the clerk of said city may certify under his official signature and seal to such accidental omission to place his name on said lists and that he was duly and legally registered in due time and form before the registration book was closed, and thereupon by filing said certificate with the managers of the election such person shall be allowed to vote. Any person voting in any election held in said city who is not qualified to vote therein under the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed by the laws of this State for illegal voting. Illegal voting punished. After said registration books are closed, and prior to day of any election for which said registration is had, the Page 709 mayor and aldermen shall examine, revise and purge the registration lists as made up and returned by the clerk of said city of all illegally registered voters or persons disqualified from voting for any lawful reason, provided that before removing any name therefrom written notice shall be served on the person or persons deemed disqualified at least twelve hours before final action thereon by the mayor and aldermen, that such person may show cause, if any, why such action should not be taken. Lists to be purged. Sec. 15. Be it further enacted, That no person shall be eligible to the office of mayor of said city who is not twenty-five years of age, who has not resided in the City of Ludowici for a period of one year next preceding the date of his election, and who is not a qualified voter of said city. Eligibility of mayor. No person shall be eligible to the office of alderman of the City of Ludowici who is not twenty-one years of age; who has not resided in the City of Ludowici for the period of one year next prior to his election, and who is not a qualified voter of said city. Eligibility of alderman. Sec. 16. Be it further enacted, That at the first regular meeting of the City Council of Ludowici on the first Tuesday in January of each year, they shall elect one of their number mayor pro tempore for a term of one year, who shall, in the absence or disqualification of the mayor, or during a vacancy in said office be vested with all the authority of the mayor and as such perform all the duties of the mayor. Mayor pro tempore. The city council shall also at said meetings elect for said city a chief of police, and as many policemen as they deem necessary; a clerk and treasurer; one person being hereby made eligible to fill both offices; a city attorney, and they may elect such other officers and employees of said city as they may deem necessary, and they shall have power to fix and provide for the salaries or compensation of the officers or employees so elected. All of said officers shall be elected Page 710 for terms of one year, and until their successors shall be elected and qualified, unless sooner discharged and removed from office. City council shall elect other officers. Each of said officers shall take such oaths of office, give such bonds and perform such duties as shall be fixed by ordinance, and the City Council of Ludowici shall have power and authority to suspend and remove such officers from office or impose fines on said officers for gross neglect or malfeasance after a fair and impartial trial. Oath and bonds. Sec. 17. Be it further enacted, That the mayor and aldermen shall receive such salary or compensation as the City Council of Ludowici may prescribe, which shall not be increased or diminished during their term of office. Compensation. 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 votes shall determine questions before them; Provided, that the mayor or the mayor pro tem., if he is presiding in the place 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 and employees shall be by the yeas and nays duly recorded on the minutes; and, provided, further, that on any question any alderman may demand the aye and nay vote, and on such demand the vote shall be so taken and recorded on the minutes. Quorum. Proviso. The mayor, or mayor pro tem., when performing the duties of the mayor, shall have the 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 law unless subsequently and at the next regular meeting thereafter it shall be passed over his veto by a two-thirds vote of the entire council duly recorded on the minutes; but unless he shall file in writing with the clerk of said city his veto of any measure passed by the council, with his reasons for withholding his assent within three days Page 711 after its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve the same in writing and the measure shall go into effect immediately. Veto. Sec. 19. Be it further enacted, That the mayor shall be the chief executive officer of the City of Ludowici. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully, fully, impartially executed and enforced, and that all of the officers or employees of said city faithfully and impartially discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the city council; and shall preserve order and decorum, shall enforce the rules and regulations of the body, and shall have power to punish all persons for contempt of such rules and regulations as the City Council of Ludowici may prescribe. Mayor; his duties and powers. He shall have power to convene the city council in special call or extra session when in his judgment it becomes necessary, and shall do so whenever requested by two aldermen in writing. Notice of such special call or extra session shall be given each of the members of the city council who are in the city at the time, and at such meetings the mayor and aldermen shall have the right and power to transact any business which they are legally authorized to transact at any regular meeting. He shall have power to appoint special policemen when in his judgment such appointment may be necessary, such policemen to be discharged when the emergency requiring their services is past and to be compensated as the mayor and aldermen may determine. Sec. 20. Be it further enacted, That a police court is hereby created and established in said City of Ludowici to be known and designated as The Police Court of Ludowici, and the same is hereby clothed with all such powers as are inherent in courts generally and as usually belong Page 712 to municipal and corporation courts, as well as those more specifically set forth herein. Said court shall hold regular sessions on such dates as may be prescribed by the city council, with the right to accept pleas of guilty and try contested cases at any time between its regular sessions, provided said defendant expresses a desire to plead guilty or is unable to give bond for his or her appearance at the regular session of said police court, the rights of the city and of the defendant to prepare for trial, and to have a reasonable time for said preparation, being forever preserved. Police court. Said police court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the City of Ludowici committed within the jurisdictional limits thereof, and upon conviction to punish the offenders of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof; also to forfeit all appearance bonds and recognizances returnable to said court, and to hear, try and determine all issues made therein, and to render judgments in all cases; and also to try all nuisance cases and all questions arising in reference thereto, and to grant judgments for the abatement of the same and for the removal thereof. Jurisdiction. Said police court shall be presided over by a recorder who shall be elected by the qualified voters of said city at the same time and in the same manner as the mayor and aldermen of said city, the office of said recorder being hereby created and established in said city. Said recorder shall preside over said police court at all of its sessions, except in case of disqualification or absence from the city, in which event said police court shall be presided over by some citizen designated by the city council. Recorder. Said police court shall be presided over until the next city election in said City of Ludowici by the Hon. M. B. Horne, who is hereby designated and appointed recorder of said Page 713 court until said election and until the election and qualification of his successor at the said next city election after the passage of this Act. Said police court shall have the power and authority to impose sentences and impose fines therein such as may seem reasonable and just to said court, not exceeding the penalties herein next prescribed. Powers. Said police court shall have power and authority to impose fines and to inflict punishment, after conviction, upon all violators of the laws, resolutions and ordinances of said city by fines not exceeding one hundred dollars and by compulsory labor in the chain gang, upon the streets or public works of said city under the control and direction of the proper officers, not to exceed fifty days, either or both or a portion of either or both in the discretion of the court, and all sentences may be in the alternative and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said police court shall have the authority to impose fines for contempt of said courts not to exceed fines of twenty dollars, and impose a jail sentence in the city jail for not longer than ten days, either or both or a portion of either or both, in the discretion of the court. Fines and sentences. There shall be kept in said police court one or more dockets on which shall appear the names of all persons charged with offenses against the laws or ordinances of said city, and the disposition of all cases shall appear on said docket, either entered by the court or a clerk, if any clerk. All cases in said court shall be tried on written accusations, based upon the affidavit of the prosecutor, signed by the prosecutor or by the city attorney for him, and also by the city attorney. Said accusation shall plainly and definitely set forth the specific charge against the accused and shall be subject to the same strictness of pleading as required for accusations in State courts. The accused may demur to said accusations under the same Page 714 rules, and subject to the same rulings, as provided by law in reference to demurrers to accusations in the State courts. The accused may plead guilty if he so desires, or he may plead not guilty; in the latter event the plea puts in issue every material allegation of the accusation. Dockets shall be kept. Said police court shall be clothed with the same powers as State courts in reference to compelling the attendance of witnesses, subpoenas to be issued by the clerk of council. Said police court shall also have power to assess costs against each convicted defendant, in addition to a fine; Provided, however, in the event of final acquittal of the charge against any defendant upon a subsequent trial, or in the event of a reversal of the judgment finding said accused guilty, and said court declines to try said accused again before the fourth term after the judgment of the higher court reversing the said police, said city shall return to said accused all costs paid by him in said court. Costs against defendant. In the event a convicted defendant in said court is dissatisfied with the judgment or sentence of the court, he shall have the right within thirty days from such judgment to certiorari his case to the superior court of Long County, Georgia, which certiorari case shall be subject to the same rules and penalties as provided by law of this State for certioraris from police courts, certiorari being the only appeal available to such convicted person. Right of appeal. The mayor and aldermen of said city are hereby empowered to prescribe costs, and each item thereof, in said police court in all cases tried therein. Costs. The cases before said police court shall be tried as speedily as possible with due regard to the rights of the accused and of the city, and continuances may be granted by the court upon proper showing made in accordance with the rules governing continuances in the superior courts of this State, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge. Continuances. Page 715 When any person is charged with an offense against the laws or ordinances of said city, or who is arrested for such offense, shall give bond for his or her appearance at any session of said police court, and shall fail to appear at any time appointed in such bond, then the clerk of said police court shall issue a scire facias in such police court why such bond should not be forfeited, and if, at the return term of said scire facias, in said court, no sufficient cause is shown to the contrary, judgment shall be entered upon said bond against the principal therein and his or her surety or sureties. On entering judgment on any such bond, the clerk of said court shall issue an execution against the principal and surety or sureties on such bond in conformity with such judgment, and in the form and manner prescribed for such executions issued by said city for taxes, which executions shall be placed in the hands of any member of the police force who shall proceed to collect the same as tax executions of said city are enforced and collected. Bond forfeiture. In any case where any person charged with an offense against the laws and ordinances of said city, or arrested for such offenses, has deposited a sum of money as bond for his appearance in said police court and similarly where some other party has deposited a sum of money for the appearance of such person, does not appear at the time appointed, for which appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the recorder or other presiding police court judge, entered upon the police court docket, and shall be paid over to the city treasurer as the property of said City of Ludowici. Money bond to be forfeited. The City Council of Ludowici shall have power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police court, such as one usually incident and lawfully chargeable to the prosecution of said cases, same being added to the amount of the fine imposed and collected, and then to be paid over to the Page 716 proper officers for whose use they are charged. The clerk of the city council and the chief of police or any member of the police force shall be the clerk and marshal, respectively, of said police court and shall serve same in such capacity, and their duties and fees or costs shall be such as may be fixed by ordinance. Court costs. The right of certiorari from the decision and judgment of said police court shall exist in all cases, and any and all persons who shall complain and take exception to any decision or judgment rendered in said police court, shall have the right to have the same reviewed by writ of certiorari, which shall be applied for, issued, heard and determined under the provisions of the laws of the State of Georgia in such cases made and provided. Writ of certiorari. Sec. 21. Be it further enacted, That the City Council of Ludowici shall have power and authority to establish a chain gang in and for said city, and to confine therein persons who have been sentenced by the police court to work on the streets or public works of said city; they shall have power to make such rules and regulations as may be necessary and suitable for the care, safekeeping and control of said chain gang, and to enforce the same through its proper officers, and may prescribe adequate punishment in the event of a failure of any person confined in said chain gang to comply with the terms of said sentence not in conflict with the laws of this State. Chain gang. Sec. 22. Be it further enacted, That the City Council of Ludowici shall have power and authority to maintain a city guard house and to establish and provide regulation therefor, in which shall be confined for punishment when necessary, persons sentenced by the police court for violating any of the laws or ordinances of said city as well as for the safe detention until trial of all persons who have violated any of the laws or ordinances thereof. Guard house. Sec. 23. Be it further enacted, That it shall be lawful for the chief of police or any police officer of said city to Page 717 arrest without warrant all disorderly and turbulent persons within the corporate limits of said city who will not desist on command, and confine them in the guard house until they can be brought before the police court to answer for their misconduct. And said officers are authorized and empowered to arrest with or without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been guilty of violating any of the laws or ordinances of said city, and to hold such person so arrested until a hearing of the matter before the police court can be had; in all such cases where the offense was committed in the presence of the arresting officer or if the defendant is endeavoring to escape or if for any other cause there is likely to be a failure of justice for want of an officer to issue a warrant, and to this end said arresting officers are authorized to imprison and confine persons arrested by them in the guard house of said city for a reasonable length of time. Arrest without warrant. The chief of police and police officers of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands, charging any persons with violating the criminal laws of this State. The chief of police and police officers of said city are also authorized anywhere within this State any person charged with violating the laws or ordinances thereof, provided when the arrest is not made within twenty-four hours after the offense is committed, said officers are not authorized to arrest the offender outside of the corporate limits of said city, except in obedience to written warrant signed by the mayor, mayor pro tem. or acting mayor. Said chief of police and police officers of said city may take bonds for the appearance of any person arrested by them for appearance before the police court for trial, and all such bonds may be forfeited as provided in this charter. Execute warrants. And said City Council of Ludowici shall have power and authority to authorize and require the chief of police and police officers of said city to summons any and all bystanders Page 718 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 such summons. May summons others to aid. Sec. 24. Be it further enacted, That it shall be the duty of the chief of police by himself or through the force under him and at his command, at all times, to preserve the public peace, good order and tranquillity of said city and its inhabitants, to prevent the commission of crime and arrest offenders, to protect the rights of persons and property, to provide proper police force and protection at fires, to protect strangers and travelers at railway stations, to suppress riots and insurrections, to disperse unlawful and dangerous assemblages and assemblages which obstruct the free passage of public streets, sidewalks, parks and other places, to preserve order at election and public meetings and assemblages, to regulate movements of teams and vehicles in the streets, and to prevent the violation of all laws and ordinances in force applicable to the police of said city. Police duties. Sec. 25. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the government of the City of Ludowici, the City Council of Ludowici shall have the power and authority to assess, levy and collect an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debt, money used in banking and every other species of property owned or held within the corporate limits of said city, which under the laws of this State is subject to taxation not exceeding one and one-fourth per cent. of the assessed value of all such property. Ad valorem tax. The City of Ludowici shall have power and authority to provide by ordinance for the assessing and prompt collection of all taxes; to regulate the manner, form and time of making out tax returns, tax lists or inventories and appraisement of property subject to taxation. They shall have power to elect tax assessors, to prescribe their duties and powers, and fix their compensation and adopt such Page 719 other measures and regulations, prescribe and enforce such penalties as they may deem advisable to secure due and prompt return and assessment of all property within the limits of said city, and the collection of taxes thereon. They shall have power and authority to issue executions for taxes and levy the same by their proper levying officer and bring the property levied on to sale at the time and place and manner provided by law for municipal sales for taxes or sheriff's sales for State and county taxes. They shall have further authority to provide for the redemption of such property, purchase the same at their own sales, and pass appropriate ordinances to carry into effect the provisions aforesaid. Tax assessors. Sec. 26. Be it further enacted, That the City Council of Ludowici shall have power and authority to license and regulate theatrical exhibitions, merry-go-rounds, circuses and shows of all kinds; drays, hacks, automobiles, trucks, auto-buggies and public vehicles of all kinds as well as private vehicles; and also traveling venders of patent medicine, soaps, notions and all other articles, except such as are exempt by the laws of this State; also hotels, boarding houses, auction houses, restaurants, fish stands, laundries, billiard, pool and other kinds of tables, ten pins, shooting galleries and bowling alleys, and all contrivances and devices for carrying on games; also barber shops, plumbers, butcher shops, livery stables, slaughter houses, butcher pens, tan yards, automobile repair shops, blacksmith shops, steam gins, saw mills, planing mills; also auctioneers, peddlers and pawnbrokers; the sale of near beer and similar non-intoxicating beverages and imitations or substitutes for beer or malt or other liquors; and all other classes or kinds of business within the police power of said city, and to fix the amount of the licenses therefor and collect the same; and also said city council shall likewise have power and authority to levy and collect a specific or occupation tax on all businesses, occupations, professions, callings, trades or avocations, public or private, exercised within the city as may be Page 720 deemed just and proper; said city council may close up and prohibit entirely any business, factory, establishment or place of business in the event the same becomes a nuisance or is dangerous or injurious to the health of the people of said city. They shall have like power to remove or cause to be removed all dilapidated buildings or unsafe buildings, fences, chimneys or structures of any kind which may be considered a nuisance or dangerous, and also to have excavations, dry wells, pits and ditches filled when deemed expedient. Licenses. Abate nuisances. Sec. 27. Be it further enacted, That the City Council of Ludowici shall have power and authority by ordinance to classify and provide for registering the various occupations, trades, callings and kinds of business that are carried on in said city, and to fix a specific or license tax on the same, and the time or times when such tax or license shall be payable and shall provide penalties for engaging in the same without first registering and paying the tax; and shall also have power to enforce the collection of the same by execution. Professional taxes. Sec. 28. Be it further enacted, That the City Council of Ludowici shall have power and authority to require, compel and make all persons between the ages of twenty-one years and fifty years subject to road duty under the laws of this State, resident in said city, to work on the streets of said city not to exceed eight days in each year, at such times as the city council may order; or to pay a commutation tax in lieu thereof not to exceed forty dollars in any one year, as said city council may determine. Should any person subject to work the streets of said city under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do from the chief of police or any member of the police force, 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 ten dollars, or be punished by imprisonment in the guard house or by compulsory labor Page 721 on the streets in the chain gang of said city not exceeding twenty days. Thirty days' continuous residence in the corporate limits of said city shall be sufficient to constitute a person a resident of said city so as to subject him to liability to street work. The city council may pass such ordinances as they deem proper and necessary for enforcing the provisions of this section. Street work or tax. Liability to street work. Sec. 29. Be it further enacted, That the City Council of Ludowici shall have power and authority to issue bonds for and in the name of said city for any of the following purposes, to wit: Bonds. For building, maintaining waterworks and electric light system for said city and laying water mains and sewers, paving, macadamizing, repairing and improving the public streets, highways and lanes, alleys and crossings of the city, and for the purpose of building a city hall and any other public building and works, and making any other public improvement that may be needed for said city. Before any bonds of said city shall be issued for any of the foregoing purposes, the City Council of Ludowici shall, by appropriate resolutions or ordinances, direct and provide that such bonds shall be issued and shall specify the purpose and amount thereof, the rate of interest to be paid annually, when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinance call and provide for the holding of any election on the subject and for published notice thereof, as provided by the Constitution and laws of this State. Such an election or elections may be called at any time or times or from time to time, for issuing bonds for any one or more or all of the before-stated purposes as deemed expedient by said city council; Provided, always, that the limits of the total bonded indebtedness of said city, as fixed by the Constitution of the State, shall never be exceeded. Should two-thirds of the qualified Page 722 voters of said city vote in favor of issuing bonds at any election called by said city council as hereinbefore provided, then and in such event said city council shall at and before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection during the life of said bond, of an annual tax upon all the property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bond. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial paper; and said city council is hereby authorized to negotiate and sell any of said bonds or series of bonds issued by said city and the proceeds of such bonds when sold shall only be applied for the purpose or purposes for which they are respective issued. Election. Sec. 30. Be it further enacted, That whenever any bonds are issued by said city, it shall be the duty of the city council of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity; and the city council of said city is hereby required and enforced to create a board of commissioners to be known as The Sinking Fund Commissioners of the City of Ludowici, and to provide for the number of persons who shall compose such commission, and for their election and qualification, terms of office, compensation if any, duties and powers, and to make all needful rules and regulations for the government of said commission and for the management of said sinking fund. Sinking fund to be provided. Sec. 31. Be it further enacted, That the City Council of Ludowici shall have power and authority when necessary to supply casual deficiencies in the revenues of said city; to negotiate a temporary loan or loans and execute a note or notes therefor, in the name of said city, as may be provided by special resolution or ordinance for that purpose; Provided, that the total sum borrowed in any one year shall not exceed of.01 per centum of the assessed Page 723 value of the taxable property within said city for that year; and, provided, further, that said loans shall always become due and payable, and be actually paid in full before December thirty-first of the year in which borrowed. Deficiencies. Proviso. Sec. 32. Be it further enacted, That the City Council of Ludowici shall have full, complete and exclusive control of the streets, alleys, sidewalks, parks and squares of said city, and shall have full power and authority to condemn property for the purpose of laying out new streets, alleys or sidewalks, and for widening, straightening and grading or in any way changing the street line and sidewalks of said city, and when said city council desires to exercise the power and authority as to condemnations herein granted, it may be done whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in sections 5206-6235 inclusive of the Code of Georgia of 1910, and the Acts amendatory thereof. The city council may abandon or discontinue such proceeding at any time upon payment of accrued cost. Streets, sidewalks, parks, etc.; power as to. The city council shall have full power and authority to remove or cause to be removed any building, steps, fence, trees, gates, post or other obstruction or nuisance in the street, alley, lane, sidewalk or other public places in said city, and to enforce the provisions of this section by appropriate ordinance. Removal of nuisances. Sec. 33. Be it further enacted, That the City Council of Ludowici shall have the power and authority to regulate by ordinance the speed at which automobiles, bicycles and other vehicles of any description shall be driven through the streets, alleys or public places of said city and to prohibit the use of the public sidewalks of said city by other than pedestrians, and to punish violators of such rules, regulations or ordinances as they may pass on the subject embraced in this section. Regulation of traffic. Page 724 Said city council shall have power and authority to regulate the speed at which locomotives or trains shall be run within the corporate limits of said city, also the blowing of whistles and signals by locomotives and 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 over any public crossing or street or sidewalk within said city. Locomotives, engines, etc. Sec. 34. Be it further enacted, That the City Council of Ludowici shall have power and authority to grant franchises, easements and rights-of-way over, in, under, on or along the public streets, lanes, alleys, sidewalks, parks and other property of said city, on such terms and conditions as they may fix by ordinance; Provided, that no such franchise or easement or right-of-way shall be granted for a term of more than twenty years, nor without fair and adequate compensation to said city, to be provided for in said franchise ordinance; and, provided, further, that the city council shall have authority to revoke all franchises so granted for the violation of any of the terms and conditions upon which the same is granted. Franchises, etc. Proviso. Sec. 35. Be it further enacted, That the City Council of Ludowici shall have full and absolute power and authority to control by ordinance all city pipes, sewers and drains, private drains, water closets, privies and the like in said city, and to prescribe their location, structure and use, and to make such rules and regulations, and to pass such ordinances concerning them or their use in all particulars, as may be deemed best for the preservation of the health and comfort of the inhabitants of said city. Sanitation, powers. Sec. 36. Be it further enacted, That the City Council of Ludowici shall have full power and authority to declare what shall be deemed a nuisance in said city and to provide for the abatement of the same. The police court of said city shall have concurrent jurisdiction with the city council Page 725 with respect to the trial and abatement of nuisances in said city. Nusiances. Sec. 37. Be it further enacted, That the City Council of Ludowici shall have full power and authority to own, construct, extend, enlarge, operate and maintain for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of waterworks, a system of electric lights whenever they may consider it expedient; to make rules and regulations regarding the use of the same, and fixing prices and rates. Waterworks and electric lights. Sec. 38. Be it further enacted, That the City Council of Ludowici shall have power and authority to adopt any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change and modify the same from time to time, to prescribe how and of what material buildings within said district may be constructed and erected; how thick the walls shall be, the manner in which chimneys, flues and stovepipes shall be constructed, and to make such reasonable rules, regulations and requirements as they may deem necessary to so far as possible protect said city from fire or to prevent or stop conflagration. Fire district; regulations. Sec. 39. Be it further enacted, That is shall be the duty of the City Council of Ludowici to provide such fire protection for said city as in their discretion said 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 may be deemed advisable, providing needing buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the objects of this section and afford protection from fire or conflagration to property in said city. Fire department. Sec. 40. Be it further enacted, That the City Council of Ludowici shall have power and authority to make and enforce all ordinances necessary and wisely precautionary Page 726 for the prevention of any contagious or infectious diseases or the spreading or communicating thereof; to declare, maintain and enforce quarantine rules and regulations in regard thereto, and to punish any violations of any of said rules or regulations. They shall have power to build or establish or maintain and exercise police powers over a pest house within or without the limits of said city, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings beyond or within the limits of said city. They shall have power to compel the removal to the pest house of any person or persons who have smallpox or other contagious or infectious diseases when in their wise and humane judgment it is best for the general welfare and health of said city. They shall have power to compel all persons in said city, whether residents or sojourners, to be vaccinated, and may provide vaccine virus and employ physicians at the expense of said 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. Quarantine regulations. Sec. 41. Be it further enacted, That the City Council of Ludowici shall have power and authority in their discretion to acquire by gift, purchase or otherwise, on behalf of said city, land or ground suitable for a park or parks for the use of the public and as may be in their judgment to the health, interest and welfare of the citizens of said city. They shall have power and authority to improve, beautify and keep up the same, and to that end may make appropriations therefor, and to provide such officers or employees as may be necessary to care for, protect and keep the same in order. May acquire land for parks, etc. Sec. 42. Be it further enacted, That the City Council of Ludowici shall have power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places and parks in said city, and to prevent the cutting, impairing or mutilation thereof by telephone or telegraph companies or employees Page 727 or by other persons unless the same is done under and with the express and formal consent of the city council, or some officer appointed by them to direct the same, and then only when absolutely necessary. Shade trees. Sec. 43. Be it further enacted, That the City Council of Ludowici shall prescribe by ordinance how and by whom purchases for supplies, materials and other necessary articles for said city and any department thereof shall be made or contracted in behalf of said city, and no purchase made in any other matter or by any other person than as prescribed in such ordinance shall be valid or binding on said city. Purchase of supplies. Sec. 44. Be it further enacted, That in case the mayor or any alderman while in office shall be guilty of malpractice or wilful neglect of duty in office, or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming his station or convicted and sentenced of violating the criminal law of the State, involving moral turpitude, he shall be subject to be impeached by the city council or by the aldermen composing the council in case of the mayor, and upon conviction by not less than three votes shall be removed from office. Malpractice; impeachment. Sec. 45. Be it further enacted, That the City Council of Ludowici shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the City of Ludowici, and they shall have power and authority to provide by ordinance a penalty for the use of profane, vulgar or obscene language, and to punish lewd and disorderly conduct within the limits of said city, and 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. Disorderly conduct. Sec. 46. Be it further enacted, That all ordinances, by-laws, rules and regulations heretofore adopted by the Mayor and Council of Ludowici, which are now in force Page 728 and not inconsistent with, or repugnant to, any provision of this Act shall remain in full force and effect under this charter until repealed, altered or amended by the City Council of Ludowici. Consistent ordinances retained. Sec. 47. Be it further enacted, That the recitals in deeds under a sale for municipal taxes or assessments in said city shall be evidence of the facts as recited in any court in this State and shall be taken as prima facie true. Deeds. Sec. 48. Be it further enacted, That the City Council of Ludowici shall have power and authority to adopt a code of ordinances and to amend and repeal the same or any part thereof. City code. Sec. 49. Be it further enacted, That the enumeration of powers contained in this Act shall not be considered as restrictive, but the City Council of Ludowici and the authorities of said city may exercise all powers, rights and jurisdictions as they might if such enumeration were not made, and the city council may pass all laws and ordinances, rules and regulations that they may deem needful and proper for the general welfare and protection of said city, and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined the city council may prescribe the method of exercising them or they may prescribe additional regulations and modes of procedure, not repugnant to the interests and purposes of this Act, or the laws of this State. Other powers granted. Sec. 50. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 18, 1923. Page 729 LUMPKIN CHARTER AMENDED. No. 455. An Act to amend the several Acts incorporating Lumpkin in Stewart County, Georgia, and especially to amend an Act entitled an Act to create a new charter for the Town of Lumpkin in Stewart County; to consolidate and amend the several Acts relating to the rights and powers of said town, to grant additional rights and powers, and for other purposes, approved December 18th, 1902, so as to provide by this amendment for the election of a Mayor and Aldermen of the Town of Lumpkin in Stewart County, Georgia; to provide their qualifications, to fix their term of office and to provide that the Mayor and Aldermen of said City of Lumpkin shall all be elected in the same manner and at the same time; to provide for the election of a marshal of the City of Lumpkin in the County of Stewart by the qualified voters of the City of Lumpkin as provided by this Act and to define his duties and responsibilities and to fix the compensation and cost of said city marshal of the City of Lumpkin in the discharge of duties that may be imposed upon him and to provide for the selection and manner of appointing the superintendent of water and electric lights of said City of Lumpkin in Stewart County and to prescribe his duties and to provide for his removal from office, to provide for a permanent registration of the voters of the City of Lumpkin so that one registration of the voters or citizens of the City of Lumpkin shall be sufficient for all elections held under and by provision of any law or Act of the Legislature incorporating the City of Lumpkin, and to provide that any person qualified to vote for members of the General Assembly shall authorize such person who is a resident of the City of Lumpkin to vote at any election held under authority of law in the Town of Lumpkin, and to provide for the repeal of any law or ordinance in conflict with this Act, and for other purposes. Page 730 Section 1. That on the second Saturday of December, 1923, there shall be held an election for mayor and six aldermen in the City of Lumpkin in the County of Stewart, and annually thereafter on the second Saturday in December the mayor and all six aldermen shall be elected for a term of one year. The mayor and aldermen so elected shall hold their office for a term of one year and until their successors are elected and qualified. The mayor and aldermen now in office shall continue to serve until the second Saturday in December, 1923, when their successors shall be elected. Said election for Mayor and Aldermen for the City of Lumpkin shall be held at the courthouse in said City of Lumpkin and the polls shall be kept open between the hours of 7 A. M. and 6 P. M. Election called. Term of office. Sec. 2. Be it further enacted, That on the second Saturday of December, 1923, there shall be elected by the qualified voters of the City of Lumpkin in Stewart County, Georgia, a marshal for said City of Lumpkin who shall hold his office for a period of one year, and annually thereafter on the second Saturday of December, a marshal shall be elected to serve the City of Lumpkin and he shall be elected in the same manner and for the same length of time that the mayor and aldermen of said City of Lumpkin are elected. Said marshal may be required to give such bond with sufficient security to be approved by the mayor as the board of aldermen may prescribe. He may be removed from office by the board of aldermen at any time for inefficiency or neglect of duty or other cause in their discretion; Provided, however, before the marshal of the City of Lumpkin shall be removed from office, he shall be served with written charges at least five days before the hearing before said board of aldermen and shall not be removed unless at least four members of said board of aldermen vote to sustain any charges preferred against him. In the event of removal of the marshal the mayor and board of aldermen may elect his successor until the next election. Marshal. Page 731 Sec. 3. Be it further enacted by the authority aforesaid, That where executions are issued for municipal taxes, licenses or other fees, the cost shall be one-half the amount allowed in case of execution for State and for county taxes, and the cost of the marshal for rendering any service in the discharge of his duties as such shall be the amount paid constables of this State for similar service, and in no case shall exceed the amount fixed for similar service by the constables of this State, and where there is no fixed fee in the constables' fee bill for like service, the marshal shall be paid for his service the amount usually allowed constables for similar service and in all criminal cases the fees of the marshal shall be the same as allowed constables in this State, and where the City of Lumpkin shall direct the marshal to cut off the water or lights furnished any citizen of the town, or connect the water and lights of any citizen of the City of Lumpkin there shall not be allowed any fee or charges to the marshal in the performance of such duty and in no case shall the city government charge a greater fee than twenty-five (25c) cents for such service. Marshal's fees. Sec. 4. Be it further enacted, That the Board of Aldermen of the City of Lumpkin shall let out the contract of keeping, maintaining and operating the water and electric light plant of said city by contract for a period of time not to exceed their term of office under sealed proposals and shall provide in said contract that the superintendent or manager of the water and electric light plant of the City of Lumpkin shall perform his duties in person or under his personal direction and upon his absenting from the corporate limits of the City of Lumpkin for more than three days without the unanimous consent of said board of aldermen, the office shall be declared vacant and the board of aldermen shall proceed at its next meeting after the violation of the terms of this Act to elect another superintendent to take charge of the water and electric light plant. The board of aldermen by majority vote may grant a ten days' vacation once a year to the superintendent Page 732 of the water and electric light plant. In letting out the contract and selecting the superintendent of the water and light plant of the City of Lumpkin, that person shall be selected by the board of aldermen who submits the lowest bid, or offers to perform the services as keeper and superintendent of the water and electric light plant for the smallest amount, provided the person submitting or offering to contract with the city as superintendent is equally competent and qualified to manage said plant. Water and light plant; contract; superintendent. Sec. 5. Be it further enacted by the authority aforesaid, That at any election held in the City of Lumpkin which is authorized by the several Acts incorporating the City of Lumpkin or the Town of Lumpkin in Stewart County, and for any purpose and any election held under the terms of this Act all persons who are citizens of the State of Georgia and of the County of Stewart and of the City of Lumpkin and who are qualified at the time any election is held in the City of Lumpkin may vote at such election who are qualified to vote for members of the General Assembly. After the passage of this Act any citizen who shall have previously registered as a voter and citizen of said town, or who shall hereafter register as a voter and citizen of said town shall have the right to vote at any and all subsequent elections who shall have paid all taxes due the State, county and city as required by law and shall not be required to register for every election held by the City of Lumpkin as heretofore required. Legal voters. Sec. 6. Be it further enacted by the authority aforesaid, That all elections held for mayor and aldermen and marshal of the City of Lumpkin and all other elections authorized by law shall be held in the manner prescribed by Section 4 of the Act creating a new charter for the Town of Lumpkin in Stewart County, approved December 18, 1902, and that all of the provisions of the several Acts incorporating the Town of Lumpkin in the County of Stewart shall remain of full force except so much of said Acts as may be in conflict with this Act, and where in conflict, such Page 733 provisions of any Act incorporating the Town of Lumpkin, and especially so much of the Act of 1902, approved December 18, 1902, creating a new charter for the Town of Lumpkin in Stewart County which may be in conflict with this Act is hereby repealed. Consistent provisions of former Acts retained. Sec. 7. Be it further enacted by the authority aforesaid, That no person shall be prohibited from voting at any election for any purpose in the City of Lumpkin and authorized by the several Acts incorporating the Town of Lumpkin and the Act creating a new charter for the Town of Lumpkin, approved December 18, 1902, on account of the nonpayment of taxes due the State, county or the City of Lumpkin; Provided, that if all the taxes due the State, county and City of Lumpkin shall have been paid at least ten days before such election by such person offering to vote, and is otherwise qualified to vote for the members of the General Assembly of Georgia. When prohibited from voting. Proviso. Sec. 8. 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 20, 1923. LUTHERSVILLE MAYOR AND COUNCILMEN, ELECTION FOR. No. 210. An Act to amend the charter of the Town of Luthersville, Meriwether County, Georgia, by changing the time of holding elections for mayor and council from the second Wednesday in May to the first Monday in January each year. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Act creating a new charter for the Town Page 734 of Luthersville, Meriwether County, Georgia, approved August 13, 1910, by striking the words second Wednesday in May, 1911 in the fifth and sixth lines of Section 4 of said Acts, 1910, page 878 and substituting therefor the first Monday in January, 1924, and further amend said section by striking second Wednesday in May in the sixth and seventh lines and substituting therefor first Monday in January so that said Section 4 when amended shall read as follows: Act of 1911 amended. Sec. 4. Be it enacted by the authority aforesaid, That the term of mayor and councilmen of said Town of Luthersville shall be one year, and until his successor is elected and qualified, and that the first election for mayor under this charter shall be on the first Monday in January, 1924, and annually thereafter on the first Monday in January. Amended section. 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 23, 1923. MACON CHARTER AMENDED. No. 577. An Act to amend Section 2 of an Act to create a new charter for the City of Macon, and to consolidate the Acts relating to the rights and powers of said corporation; to enact amendments thereto, and for other purposes, approved August 17, 1914. Section 1. The General Assembly of the State of Georgia does hereby enact, That from and after the passage of this Act, Section 2 of an Act to create a new charter for the City of Macon, and to consolidate the Acts relating to the rights and powers of said corporation, to enact amendments thereto, and for other purposes, as approved August Page 735 17, 1914 (Acts of 1914, page 983), be, and the same is hereby amended by striking from said section beginning after the word reserve in the twenty-eighth line of said section, the following words, to wit: 3,236 feet to a point where same crosses Rocky Branch; thence angle left 143 degrees and run south 37 degrees, west 660 feet to a point where the Boulevard intersects Boundary Avenue; thence south 45 degrees west 430.5 feet to stone; thence south 60 degrees, 30 minutes west 299 feet to stone; thence south 73 degrees 30 minutes west 219 feet to stone; thence south 75 degrees 33 minutes 916 feet to hackberry tree; thence south 66 degrees west 973 feet to point in line with College Street; thence along line with College Street, south 10 degrees 15 minutes west 275 feet to a stone; thence south 46 degrees east 1,240 feet to south side of Boulevard. Section 2 of Act of 1914 amended. And substituting in lieu thereof the following words, to wit: To the north line of lot 37; thence angle left 90 degrees and run west along north line of lot 37 to the line dividing lots 36 and 37; thence angle left 90 degrees and run south along line dividing lots 36 and 37 to north side of Boulevard; thence angle right and run along south and west side of Boulevard to east line of Baconsfield Park. Amending language. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. MACON, CITY OF; JOINT BOARD OF HEALTH. No. 446. An Act to amend the charter of the City of Macon, and an Act approved February 6th, 1873, creating a Board of County Commissioners of Bibb County, to create a board Page 736 of health in and for the City of Macon and County of Bibb, defining their jurisdiction, rights, powers and privileges, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the City of Macon and County of Bibb be and they are hereby authorized and empowered to act jointly as herein provided in the maintenance of a joint board of health in and for the City of Macon and County of Bibb, and to provide the necessary funds from the city and county therefor. Joint board of health. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act there is hereby created a board of health in and for the County of Bibb and City of Macon, consisting of five members and composed of the chairman of the Board of County Commissioners of Bibb County, the superintendent of the public schools of Bibb County, the chairman of the finance committee of the city council of the City of Macon, the chairman of the committee of charities and health of the city council of the City of Macon, and one physician to be selected by the Bibb County Medical Society. The physician so selected shall hold office for the term of two years from his appointment, and until his successor is elected and qualified and the other members of said board to continue in office so long only as they occupy the office that make them, by virtue of their office, members of said board. This Act to become effective on the first day of January, 1924. Board created. Sec. 3. Be it further enacted by the authority aforesaid, That said board of health shall hold regular monthly meetings, and special called meetings when necessary, and shall receive as full compensation for all services rendered the sum of five dollars for attending the regular monthly meetings. Said board of health is hereby clothed with all of the rights, powers and privileges heretofore given to the health and sanitary officers of the City of Macon, and the Page 737 County of Bibb with power to prescribe rules and regulations pertaining to health and sanitary conditions in the City of Macon and the County of Bibb; to enforce directly or through health officers all such rules and regulations and the health and sanitary laws of the State as well as those having application to Bibb County and the City of Macon only; to employ a health officer who shall be a physician of good moral character and experienced in the work of health and sanitation and prescribe the number of persons to be employed by him; to receive the appropriations from the City of Macon and the County of Bibb and allot the same to the various expenses incident to carrying on the work to be done; to prescribe the salary of the health officers and all employees under him; to have a corporate entity for the purpose of suing and being sued; to discharge the health officers at any time when in their judgment they think proper to do so. The authority of said board to spend money or create liability on the City of Macon or the County of Bibb, shall be limited to appropriations previously made to said board by the City of Macon and the County of Bibb, and for a violation of the provisions herein the members of said board authorizing the same shall be personally liable therefor. Monthly meetings. Compensation. Powers. Sec. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of the health officer to supervise and superintend the health and sanitary work in the City of Macon and the County of Bibb, and to enforce all health rules, regulations and laws; to make inspections and surveys, regarding the health and sanitary conditions in said city and county; to make reports to the board of health of the work being done and recommendations as to what should be done and advise the cost of doing the same; to employ and discharge all assistants under him; to devote all of his time to the duties of his office and to see to it that all employees under him do likewise and upon their failure so to do remove them from office. Duties of health officer. Page 738 Sec. 5. Be it further enacted by the authority aforesaid, That said board of health shall annually make to the Mayor and Council of the City of Macon, and the Board of County Commissioners of Bibb County a full and complete report of the work done by said board, the cost of same, and shall make recommendations and estimates in which shall be incorporated an outline of the work to be done during the ensuing year and the estimated cost of the project. Annual report. Sec. 6. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Macon, and the Board of County Commissioners of Bibb County, shall annually appropriate such sums of money as may be necessary in their judgment to carry on the health and sanitary work in said city and county during the next twelve months. The money so appropriated shall be used in carrying on the health and sanitary work in the city and county, without regard to the source from which it came. Appropriations. Sec. 7. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Macon is hereby authorized and empowered to make penal the violation of any rule and regulation prescribed by said board of health to operate within the City of Macon, and any person, firm or corporation violating the rule or regulations so penalized shall upon conviction in the recorder's court, be punished as prescribed in the Act creating said court and Acts amendatory thereof. Violations. Sec. 8. Be it further enacted by the authority aforesaid, That the provisions of what is commonly known as the Ellis Health Law insofar as they prescribe rules and regulations for health and sanitary conditions as well as the present health laws operative in the County of Bibb, shall be of force and effect in the County of Bibb, and said board of health is hereby charged with the duty of enforcing the same. Ellis Health Law in force. Page 739 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 18, 1923. MANCHESTER CHARTER AMENDED. No. 489. An Act to amend the charter of the City of Manchester, Georgia, abolishing the Mayor and Council of the City of Manchester and providing for the establishment of a commission form of government in connection with a city manager; to provide the number of said commissioners, their qualifications, their manner of election and manner of recall, their term of office, their salary, their powers and duties; to provide for the election of a city manager and prescribe his duties, powers, salary and manner of removal; and to abolish certain commissions now provided for under the present charter of said City of Manchester, 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 of the General Assembly, approved August the 16th, 1909, an Act approved July 28, 1911, an Act approved August the 8th, 1914, an Act approved August the 9th, 1917, an Act approved August the 10th, 1921, and the several Acts incorporating the City of Manchester in the Counties of Meriwether and Talbot, Georgia, and the Acts amending the same, be and the same are hereby amended in the following particulars, all provisions of said charter creating the mayor and council as provided in said Act approved on August 16th, 1909, and all Acts amendatory thereto, or previously passed, that have not heretofore been repealed, are hereby expressly repealed, and the offices of mayor and council are hereby abolished, to take Page 740 effect on Monday following the second Wednesday in January, 1924, or as soon thereafter as the commission hereinafter provided for is elected and qualified. Former Acts amended. Sec. 2. Be it further enacted, That wherever the said charter or the Acts amendatory thereto provides for any board of commissioners of water, lights and sewers and streets or for any other purpose except the commission of tax assessors, or board of tax assessors and the commission or board of sinking funds are hereby expressly repealed and the said board of commissioners are hereby abolished. Board of commissioners abolished. Sec. 3. Be it further enacted by the authority aforesaid, That in lieu of a Mayor and Council for the City of Manchester, Georgia, there is hereby created and established a commission of three citizens, who shall be known as the Board of Commissioners for the City of Manchester. Said commissioners are hereby given all rights, powers and authority heretofore vested in the Mayor and Council of the City of Manchester, Georgia, under the charter granted the said city by the Act approved August the 16th, 1909, or any other Act or Acts amendatory thereto, and all the powers now vested in any commission under said Act or any Act amendatory thereto; except the board or commission of tax assessors and board or commission of sinking funds. Commission created. Sec. 4. The said commissioners shall be elected by the qualified voters of said city, and shall be citizens of said city and shall have resided in said city for at least two years next before taking office. Voters to elect. Sec. 5. The said commissioners are hereby vested with all the powers, rights and authorities granted the board of commissioners of light, water, sewers or any other commission as provided in the Act creating said City of Manchester, Georgia, approved on August the 16th, 1909, and all Acts amendatory thereto, except the commission or board of tax assessors and the commission or board of sinking funds. Powers. Page 741 Sec. 6. Said commissioners shall be elected for a term of six years each or until their successors are elected and qualified unless removed in accordance with the provisions of this Act. Term of office. The commissioners elected at the first election shall serve for a term of two, four and six years, respectively. The commissioner receiving the highest number of legal votes shall be elected for a term of six years; the commissioner receiving the second highest number of legal votes shall be elected for a term of four years; and the commissioner elected receiving the lowest number of legal votes shall be elected for a term of two years. In case of a tie in the first election between any of the commissioners said commissioner shall draw for the term of years he is to serve. Should there be more than three candidates for this board, the three receiving the highest number of legal votes shall be declared elected. In case there is a tie vote between the candidates, so that it can not be determined what three candidates receive the highest votes, a new election shall be ordered by the ordinary of the County of Meriwether, in not less than ten days or more than fifteen days from the election, which election shall be only between the candidates receiving the same number of votes in the previous election, and this election shall be under the same rules and regulations governing the first election and elections shall be called as often as may be necessary by the ordinary of Meriwether County until the candidate or candidates may be elected. After said first election on the second Wednesday in January, 1924, a regular election shall be held on the second Wednesday in January every two years thereafter for the purpose of electing a commissioner to fill the vacancy of the outgoing commissioner, whose term of office shall be for six years. Time of election. Sec. 7. The commissioners at their first meeting after taking oath of office shall elect one of their members who shall be known as chairman of the commission, whose term Page 742 shall be for one year; each of said commissioners shall receive a salary of $10.00 per month, except the chairman, who shall receive a salary of $15.00 per month. Chairman. Salary. Sec. 8. In said commission shall be vested all the powers heretofore vested in the mayor or the Mayor and Council of the City of Manchester, Georgia, or in any commission of said city except the commission or board of tax assessors and the commission or board of sinking funds. It shall have full authority to pass ordinances, levy taxes, make appropriations, fix licenses and do all other things and acts heretofore granted to the mayor and council of said city. Sec. 9. Said board shall be subject to recall, and their acts to the initiative and referendum as hereinafter provided in this Act. Recall and referendum. Sec. 10. The chairman shall have the administrative and executive power heretofore vested in the mayor of said city, except as provided in section twelve of this Act. Sec. 11. Be it further enacted, That whenever any legislation shall be proposed, it shall be reduced to writing and shall be acted upon by said commission which shall have authority to approve or disapprove, or to amend the same. It shall take at least two members of the commission to act. Two commissioners shall be a quorum. Quorum. Sec. 12. Be it further enacted by the authority aforesaid, That the commissioners shall select and appoint a city manager within thirty days after their election and qualification, who shall be the administrative head of the municipal government of said city, and who shall be responsible to the commission for the efficient administration of all the departments of said city. He shall be appointed without regard to his residence, political beliefs or affiliations. During the absence or disability of the city manager the commissioners may designate some properly qualified person to execute the functions of the office. City manager. Page 743 The powers and duties of the city manager shall be: Powers and duties. (a) To see that all laws and ordinances are enforced. (b) To appoint and remove all subordinate officers and employees in all departments; all appointments to be upon merit and fitness alone, and to fix their compensation subject to the approval of the commission. (c) To exercise control over departments and divisions created therein, or which may be hereafter created by the commissioners. (d) To attend all meetings of the commissioners, with the right to take part in all discussions, but having no vote. (e) To recommend to the commissioners for adoption such measure as he may deem necessary and expedient. (f) To prepare and submit to the commissioners an annual budget. (g) To keep the commissioners fully advised as to the financial condition and needs of the city. (h) To supervise and direct the official conduct of all appointive city officers, except as herein otherwise provided. (i) To supervise the performance of all contracts made by any person for work done for the city, and to make all purchases for material and supplies for the city, and see that the same are received as contracted for; and (j) To perform such other duties as may be prescribed herein or may be required of him by ordinance or resolution of the commissioners. Sec. 13. Be it further enacted by the authority aforesaid, That the city manager may be removed from his office or employment at any time by a majority vote of said commissioners, and said commissioners shall fix his compensation or salary. Said city manager shall give a good and sufficient bond payable to the commissioners or their successors in office, to well and truly to perform his Page 744 duties as such manager, the amount of said bond to be fixed by the commissioners, and approved by them. The city shall pay the premium for such bond. May be removed. Bond. Sec. 14. Be it further enacted by the authority aforesaid, That the commissioners shall each year cause to be printed a detailed itemized statement of the receipts and disbursements of the city. Itemized statement. Sec. 15. Be it further enacted by the authority aforesaid, That the commissioners may require the said city manager to come before them at any time and answer questions either orally or in writing, and may require from said city manager at any time that they see fit written reports upon any matter involving the city that they deem proper; and the city manager shall report weekly to said city commissioners his general actions and doings, and shall regularly, at stated intervals, at least quarterly, file full and complete reports of the various departments of the city. Reports. Sec. 16. Be it further enacted by the authority aforesaid, That the said city manager shall devote his entire time to the office, and the members of the commission shall devote as much of their time as may be necessary. The said commission shall meet at least twice each month at stated periods; shall keep minutes of their proceedings, and shall record all of their actions thereon. All votes shall be taken by aye and nay and shall appear on the minutes. They shall be required to meet at such times and as often in extra meetings as any two of them or the chairman may designate or call. The chairman shall appoint one of the commissioners chairman pro tem., who may exercise the routine duties of the chairman in the case of his absence or inability to act for any reason. In the case of vacancies in the office of any commissioner, or if he can not act, the chairman shall immediately call a special election to fill said vacancy or vacancies after giving ten days' notice either by publication or posting the same. Said special election shall be held under the same rules and regulations as general elections are now held in and Page 745 for said city. The secretary of said commission shall be the officer whose duties correspond now to the clerk of the city, the said officer may also be secretary of the city manager. Regular meetings. Vacancies. Secretary. Sec. 17. Be it further enacted by the authority aforesaid, That the secretary of the said commissioners shall prepare a registration book for the purpose of receiving the signatures of the voters of said city to call a recall election. He shall in like manner keep books for the purpose of calling referendum and initiative elections. Said book or books shall be open at any time upon petition in writing signed by one hundred citizens of the said city who are entitled to vote, which plainly and distinctly set forth the purpose and reason for such proposed election, together with the legislation proposed or opposed in due form, or the name of the officer to be recalled. In case a petition for recall election shall be filed and the books open, the said election shall be called by the chairman whenever forty per cent. of the registered voters of said city shall in person go to the office where said book is kept, and within thirty days from the opening of said book personally sign their names calling such election, but no recall election shall be held within four months of the date when the officer whose recall is proposed began his term of office. Registration book. Sec. 18. Be it further enacted by the authority aforesaid, That whenever a recall or initiative or referendum election is called, the same shall be ordered by the chairman to be held not less than twenty and within thirty days after a sufficient number of registered voters have signed the book to call the same. In case a recall election shall be called, the officer for whose office the election is called shall have the privilege of running at such election and any other citizen eligible to hold the office may likewise become a candidate, and all rules now governing ordinary and special elections shall govern recall and initiative and referendum elections; and all offenses against the purity of elections, Page 746 ballots and primaries shall apply to recall, initiatives and referendum elections or primaries. Recall election. Sec. 19. Be it further enacted by the authority aforesaid, That no candidate for commissioner shall, before going into office, solicit votes for himself or others, or promise any person to appoint him to office or promise to vote for such person or any other person to any office or agency or employment under the city. For a violation of this provision the candidate for commissioner shall be liable to be punished under conviction as for a misdemeanor, the punishment to be defined by Criminal Code of Georgia, section 1065. Shall make no promises. Sec. 20. Be it further enacted by the authority aforesaid, That any person by offering money or other things of value, or by use of intoxicating liquors or by promise of employment or office, or by any method now or hereafter declared criminal when such method is used to influence votes in elections of this State, undertake to influence or procure any person to sign the book calling for a recall election or initiative or referendum election, shall be guilty of a misdemeanor and shall be punished, upon conviction thereof, as provided for in the Criminal Code of Georgia for the punishment of misdemeanors under section 1065. Any person signing said book who is not entitled to sign the same, and any person who signs the name of, or impersonates any other person, shall be likewise punished upon conviction. Punishment. Sec. 21. Be it further enacted by the authority aforesaid, That the corporate name and organization of the City of Manchester is hereby in all respects preserved as in the original Acts of 1909, approved on the 16th day of August, 1909, and Acts amendatory thereto; and all Acts not inconsistent with this Act are hereby declared of force. Corporate name preserved. Sec. 22. The first election under this Act shall be held on the second Wednesday in January, 1924, and every second year thereafter, on the same date, under the rules Page 747 and regulations now provided for holding elections for mayor and councilmen, and the managers of the election shall give the persons elected a certificate of election, which certificate will entitle the holder to be installed into the office, and the manner of contest shall be the same as now prescribed under the charter and laws of Georgia. Time of election. Sec. 23. The board of commissioners so elected shall go before some officer of Meriwether County who is authorized to administer oaths and take the oath heretofore prescribed for the mayor of said city, and then will be fully qualified to discharge the duties prescribed by this Act, until their successors are elected and qualified. Oath. Sec. 24. The mayor and council shall hold their offices as now fixed until said board of commissioners are elected and qualified. Sec. 25. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. MARIETTA, CITY OF; SCHOOL BONDS; ELECTION TO RATIFY. No. 442. An Act to authorize the Mayor and Council of the City of Marietta, County of Cobb, State of Georgia, to issue and sell bonds to be known as public school bonds of the City of Marietta, to an amount not exceeding ninety thousand dollars ($90,000.00), for the purpose of building a new high school building, or other buildings, to acquire and purchase real estate upon which to locate same, and to equip same, and to repair, equip and improve the present school buildings of said City of Marietta, and to authorize the said mayor and council to levy, assess and Page 748 collect a sufficient tax upon all taxable property in said city to pay the principal and interest of said bonds as they shall become due; to make provisions for an election to be held so as to submit the question of issuing said bonds to the qualified voters of said city. The funds arising from the proceeds of the sale of said bonds to be turned over to the Board of Education of the City of Marietta, as is now provided by law under the Act creating said board of education, with authority for said board of education to do all things necessary in order to purchase and acquire real estate upon which to locate said new building or buildings, and with authority to expend funds in such purchase, and to build, construct and equip such new building or buildings, to repair and equip the present school buildings of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Mayor and Council of the City of Marietta, in the County of Cobb, State of Georgia, be and they are hereby authorized and empowered to order and have held an election by the qualified voters of said city at such time as said mayor and council may designate, to determine whether or not bonds shall be issued by the City of Marietta in a sum not exceeding ninety thousand dollars ($90,000.00) to be sold for the purpose of building a new high school building, or other school buildings, to acquire and purchase real estate upon which to locate same, and to equip same, and to repair, equip and improve the present school buildings of the City of Marietta. Said election shall be held in accordance with the provision of sections 440 to 443, both inclusive, of the Civil Code of Georgia, 1910, and any amendments thereto, and in said election those who favor the issuance and sale of said bonds as set out in this Act shall have written or printed on their ballots the words For School Bonds, and those who are opposed to the issuance Page 749 and sale of said bonds as set out in this Act shall have written or printed on their ballots the words Against School Bonds. Election to be held. Form of ballots. Sec. 2. Be it further enacted by the authority aforesaid, That should said election be in favor of bonds for said purposes, then the Mayor and Council of said City of Marietta shall be authorized to issue the bonds of said city in a sum not to exceed ninety thousand dollars ($90,000.00) in the aggregate. Said bonds shall be designated as Public School Bonds of the City of Marietta, and shall be issued in such denominations as the Mayor and Council of the City of Marietta may determine. Said bonds shall be issued in the name of the City of Marietta, under its corporate seal, shall be signed by the mayor and clerk of council thereof, shall be for the term of thirty (30) years, and shall draw interest at the rate of five per cent. (5%) per annum, payable annually or semi-annually on such dates as the said mayor and council may fix. Bonds. Sec. 3. Be it further enacted by the authority aforesaid, That when the said bonds are so authorized, the Mayor and Council of the City of Marietta shall issue and sell, in such manner as may seem most advantageous to said city, and for not less than par, so much in amount of said bonds as the board of education of said city may certify to said mayor and council as necessary for the purpose of building a new high school building, or other school buildings, to acquire and purchase real estate upon which to locate same, and to equip same, and to repair, equip and improve the present school buildings of the City of Marietta, and when said bonds are so sold, the proceeds thereof shall be turned over by the mayor and council to the treasurer of the Board of Education of the City of Marietta. The proceeds of the bonds so sold and turned over to the treasurer of said board of education shall be used by said board of education for the purpose of building a new high school building or other school buildings, to acquire and purchase real estate upon which to locate same, and to equip same, Page 750 and to repair, equip and improve the present school buildings of the City of Marietta, and not otherwise, and said board of education is hereby authorized and empowered to do all things necessary to accomplish said purposes. Said board of education shall make report to the mayor and council of said city showing how said funds have been used. Bonds to be sold not less than par. Sec. 4. Be it further enacted by the authority aforesaid, That the Mayor and Council of the said City of Marietta shall be and are hereby authorized and empowered to annually assess, levy and collect a tax on all the property, both real and personal, within the corporate limits of said city, in such sum as they may deem right, proper and necessary for the purpose of paying the interest on said bonds as the same accrues and to create a sinking fund sufficient to redeem and pay off the principal of said bonds at maturity thereof, and the taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes and monies belonging to said city, and shall be used solely for paying the interest on said bonds as it may accrue and for the creation and accumulation of a sinking fund for the purpose of paying the principal of said bonds at the maturity thereof. Sinking fund. Sec. 5. Be it further enacted by the authority aforesaid, That if any election herein provided for shall be against the issuance of said bonds, the Mayor and Council of said City of Marietta may, at any time after the expiration of six months from the date of the first election, order and have held another election under the provisions of this Act, and may so continue until the issuance of said bonds is authorized by the qualified voters of said city, in the manner provided by law. Second election may be held. 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 8, 1923. Page 751 MOULTRIE CHARTER AMENDED. No. 586. An Act to amend the charter of the City of Moultrie, Georgia; to provide for a city manager; to fix his duties, powers and compensation; to provide a referendum to the qualified voters of the City of Moultrie 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 same, That an Act approved November 20th, 1901, entitled An Act to grant a new charter for the City of Moultrie, in the County of Colquitt, and for other purposes, and the several Acts amendatory thereof, be and the same is hereby enacted by adding thereto additional sections, to wit, as follows: Act of 1901 amended. Sec. 61. On or before the first day of January, 1924, said mayor and aldermen shall appoint a city manager who shall be the administrative head of the municipal government. Such managers shall be chosen by the mayor and aldermen 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. The city manager shall receive such compensation as shall be provided by the mayor and aldermen and shall be appointed for an indefinite period and shall serve at the pleasure of said mayor and aldermen; during his absence or the disability of said city manager, the mayor and aldermen shall designate some properly qualified person to perform the duties of the office of city manager. Compensation. Sec. 62. The city manager shall devote all of his working time and attention to the affairs of the city and shall be responsible to the mayor and aldermen for the administration of all the affairs of the city. The city manager Page 752 shall make good and sufficient bond in the sum of twentyfive thousand ($25,000.00) dollars, payable to the City of Moultrie, Georgia. Bond. The city manager shall have power and it shall be his duty to: Powers. (a) To see that all laws and ordinances are enforced; (b) To appoint a city treasurer, a city marshal, a superintendent of water and light departments, chief of the fire department, and a superintendent of the street department, and to appoint and employ all other necessary employees of the city, excepting from the power of appointment by the city manager, the city attorney, the city clerk and the city recorder; (c) The city manager shall have power and without assigning any reason therefor to remove from office any employee of the city except the city attorney, the city clerk and the city recorder; (d) To exercise supervision and overhaul all of the departments of the city government; (e) To attend all meetings of the mayor and aldermen with the right to take part in the discussions, but having no vote. The city manager shall have the right to be entitled to notice of all special meetings; (f) To recommend to the mayor and aldermen for adoption such measures as he may deem necessary or expedient; (g) To see that all terms and conditions imposed in favor of the city in any franchise is strictly kept or performed, and upon notice of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be to take such steps as are necessary to protect the city; (h) To make and execute all lawful contracts on behalf of the city except such as may be otherwise provided by law or by an ordinance passed by the mayor and aldermen; Page 753 Provided, that no contract or obligation involved of over ($500.00) five hundred dollars shall be valid and binding until approved by the mayor and aldermen; (i) To prepare and submit to the mayor and aldermen prior to the beginning of each fiscal year a budget or proposed expenditure for the ensuing year, showing in detail as nearly as practicable the amounts allotted to each department of the city government and the necessity for such estimated expenditures; (j) To keep the mayor and aldermen at all times fully advised as to the financial condition and needs of the city; (k) To make a full written report to the mayor and aldermen on the first Tuesday of each month, showing the operations and expenditures of each department of the city government for the preceding month, with a recommendation of said city manager; (l) To fix all salaries and compensation of city employees not otherwise provided for in the charter of said city; (m) To do and perform all other duties as may be hereafter provided by ordinance of the mayor and aldermen. Sec. 2. Be it further enacted that this Act shall become effective only after it has been submitted to the qualified voters of City of Moultrie, at the regular election held for the purpose of electing the mayor and members of the board of aldermen of said city, in the month of October, 1923. Tickets shall be provided at said election upon which shall be printed the words, For Manager Government, and the words, Against Manager Government, and this Act shall be put into operation by the mayor and aldermen, if the majority of votes so cast shall show For Manager Government. Effective after ratification. Form of tickets. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. Page 754 OCILLA PUBLIC SCHOOLS; ELECTION TO ABOLISH. No. 528. An Act to amend An Act to establish, maintain and operate a public school system in the City of Ocilla, Irwin County, Georgia, to create a board of education for a certain period of time and to prescribe their powers and duties, to provide for the machinery for the levying of additional local tax in additional local tax in addition to the maximum rate as allowed by the Constitution, to provide the duties of the mayor and aldermen in making said levies, to provide the duties of the school board in making the levies, to provide for the abolition of the 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 the authority of the same, That an Act entitled An Act to establish, maintain and operate a public school system in the City of Ocilla, Irwin County, Georgia, to create a board of education for a certain period of time, and to prescribe their powers and duties, to provide for the raising of revenues to maintain said school, approved August 8th, 1913, be and the same is hereby amended by striking section 8 of said Act and substituting in lieu thereof as section 2 of the present Act the following: Act of 1913 amended. Sec. 2. Be it further enacted, That said board of education shall as early as practicable each year by resolution specify the rate of taxation for school purposes for that year, which will be required to maintain and operate the school in an amount not to exceed that authorized by the Constitution of Georgia, and that authorized by the election held in said city on the first Tuesday in July under said Constitution for additional amounts or ten mills on the one dollar. Said resolution after having been passed by the school board shall be presented to the mayor and aldermen accompanied with an itemized statement showing Page 755 the expenditures of the school board for the previous year, the amount of cash that it has on hand including that held in the banks, together with a budget showing the amounts necessary to carry on the school for the ensuing year. When thus presented, it shall be the duty of the mayor and aldermen to levy and collect an ad valorem tax on all the taxable property of said city for school purposes for the ensuing scholastic year, an amount not to exceed ten mills on the one dollar, and when collected to be turned over to said board to be used for the purpose of this Act; Provided, that the mayor and aldermen shall not be authorized nor shall they make said levy until the statement and budget aforesaid shall be made out and presented to them; and, provided, further, that if after a thorough investigation said mayor and aldermen are of the opinion that the rate specified in the resolution is excessive, they shall have authority to refer said resolution back to the board of education for a reduction, specifying in what particular and and what rate said levy is excessive, and shall specify what rate in their judgment would be sufficient, and it shall be the duty of the board of education to meet and pass on the same. Should said board by a new written resolution supported by a four-fifths vote state that it is impracticable and impossible to operate the school for a lower rate than that specified in the first resolution, said action shall be final. Should said board of education fail or refuse to act within thirty days after the first resolution is referred back to them for action, then and in that event the rate specified by the mayor and aldermen shall control. Taxation for schools. Ad valorem tax. Proviso. Sec. 3. Be it further enacted, That the Mayor and Aldermen of said City of Ocilla shall have authority to call an election in said municipality to be held within thirty days from the date of said call, and publish a notice thereof in the official organ of said county, election to be held under the same rules and regulations governing the election of Mayor and Aldermen of said City of Ocilla, at which election shall be submitted to the qualified voters of said City of Ocilla the question of whether the public school system Page 756 of the City of Ocilla shall be abolished. Those voting in favor of the abolition of the Ocilla Public School System shall have written or printed on their ballots the words, For Abolition of the Ocilla Public School System, and those opposing the abolition of said Ocilla Public System shall have written or printed on their ballots the words, Against the Abolition of the Ocilla Public School System. The result of said election shall be declared under the rules and regulations governing elections in the said City of Ocilla, Georgia. If a majority of the votes cast in said election are in favor of abolition of the Ocilla Public School System, then and in that event the Act approved August 8, 1913, to establish, maintain and operate a public school system in the City of Ocilla, Irwin County, Georgia, and the provisions contained therein and all the amendments thereto are and the same are hereby repealed. And the same shall go into effect on June 1st, next, after the holding of said election aforesaid. Election to be held; notice. Form of ballots. Effective. 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. Sec. 5. Be it further enacted, That this amendment shall go into effect December 31st, 1923. Approved August 11, 1923. PELHAM, TOWN OF; QUALIFICATION AND REGISTRATION OF VOTERS. No. 53. An Act to amend an Act to incorporate the Town of Pelham in the County of Mitchell, approved September 14th, 1881, and the various Acts amendatory thereof by prescribing the qualifications of voters in said Town of Pelham, to authorize the adoption of a general registration law for voters in said town, and for other purposes. Page 757 Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act incorporating the Town of Pelham, in the County of Mitchell, approved September 14th, 1881, be amended by prescribing the qualifications of voters in said town as follows: Act of 1881 amended. That all persons qualified to vote in the State of Georgia for members of the Legislature, and who shall have paid all taxes legally imposed and demanded by the authorities of said town, and who shall have resided in said town six (6) months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws or ordinances of said town, shall be qualified to vote at any election held for any purpose in said town. Qualification of voters. Be it further enacted, That the Mayor and Councilmen of the Town of Pelham are authorized to provide by ordinances for the general registration of voters for all elections in said town, to make all needful rules and regulations for the same, to appoint a registrar for said town, and to prohibit any person from voting who is not legally registered and qualified to vote. Registration of voters. Be it further enacted, That all laws and parts of laws in conflict with the foregoing are hereby repealed. Approved July 31, 1923. PERRY PUBLIC SCHOOLS ABOLISHED. No. 317. An Act to repeal an Act to establish a public school system for the Town of Perry, Georgia, and for other purposes, approved September 26th, 1889. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to establish Page 758 a public school system for the Town of Perry, Georgia; to appoint a board of education for said town; to provide for raising revenue to maintain said schools; to authorize and require the County School Commissioner of Houston County to pay over to the board of education of said town such part of the State school funds as may be the pro rata share for all the children attending said schools, and for other purposes, approved September 26th, 1889, be and the same is hereby repealed. Act of 1889 repealed. Sec. 2. Be it further enacted, That the provisions of this Act shall not take effect until January 1st, 1924, and that the same shall become effective at that time. Effective. 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, 1923. QUITMAN CHARTER AMENDED. No. 512. An Act to amend an Act approved August 23d, 1905, entitled An Act to amend, consolidate and supersede the several Acts incorporating the City of Quitman, in the County of Brooks, State of Georgia; to create a new charter and municipal government for said corporation; declare the rights and powers of same, and for other purposes, so as to confer additional authority on the Board of Commissioners for said City of Quitman, in regulating and controlling the streets, sidewalks, alleys and other property of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That The Act to amend, consolidate and supersede the several Acts incorporating the City of Page 759 Quitman in the County of Brooks, State of Georgia; to create a new charter and municipal government for said corporation; declare the rights and powers of same, and for other purposes, approved August 23d, 1905, be amended by adding at the end of section 40, a new section, to wit, 40-a, to read as follows: Act of 1905 amended. Be it further enacted, That the Board of Commissioners for said City of Quitman shall have full power and authority to grant for a fair and reasonable consideration, which shall be paid into the city treasury, the right to erect, maintain and also to sanction the continuance of any structure or obstruction, or encroachment on any street, alley, sidewalk or any other property of said city, upon such terms as said commissioners may fix by ordinance, but no such grant shall be made for a term longer than ten (10) years; Provided, however, that in making such grant the commissioners shall have due regard for the interests of the property holders of said city affected thereby. Powers. Proviso. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1923. RICHLAND PUBLIC SCHOOL SYSTEM ESTABLISHED. No. 497. An Act to amend the charter of the City of Richland, Stewart County, Georgia, so as to provide for a system of public schools in and for said city, and to establish a board of education therefor, and to provide for the election of same; to provide revenue for said schools and to provide for the issuance of bonds by the said City of Page 760 Richland for the purpose of building schoolhouses, and other purposes, after submitting the same to the qualified voters of the said city. Section 1. The General Assembly of the State of Georgia do enact, That there shall be established in the City of Richland, of Stewart County, a system of public schools to be conducted and maintained as hereinafter prescribed. System of public schools established. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be a board of education for said city consisting of five members who shall be elected by the municipal authorities of said city at such time as said authorities may deem expedient and best after the passage of this Act. The first election, and all elections thereafter shall be held on the first Monday in April of each year. Their terms of office shall be as follows: Two of the members of the first board shall hold office until the first Monday in April after their election, two to hold office until the first Monday in second April after their election and one to hold office until the first Monday in the third April after his election, and thereafter their successors shall hold office for the term of three years, unless to fill an unexpired term, or until their successors are elected and qualified. All vacancies in said board from death, resignation, removal from the city or otherwise shall be filled by the mayor and council at the first regular meeting after the vacancy occurs; Provided, no person shall be eligible to said board who is not of age and has not resided in said city for twelve (12) months next preceding said election. Board of education. Vacancies; how filled. Proviso. Sec. 3. Be it further enacted, That said board of education shall keep a record of their proceedings; shall elect from their body a president, and they may also elect a secretary and treasurer. Said treasurer shall give bond in such amount and with such securities as said board may require, payable to the said board for the faithful discharge of all his duties. Record to be kept. Page 761 Sec. 4. Be it further enacted, That said board shall supervise, regulate and make efficient said school system, and shall have power to make rules for the government of themselves, the teachers and pupils of said schools, to establish grades therein and prescribe the studies thereof, employ, fix salaries and pay teachers thereof, and to provide for the necessary conveniences and appliances of said schools, and do all lawful acts necessary for the proper operation of said schools and are authorized to hold and apply any grants or donations of money or property made by any persons or corporations for the benefit of said schools. Powers. Sec. 5. Be it further enacted, That the said board of education shall have power, and it shall be their duty to establish under this Act, in said city separate schools for white and colored children out of the funds arising from taxation, bonds or otherwise hereinafter provided for, with which they are to procure suitable lots and erect suitable buildings thereon, and to furnish and equip the same for said schools, and keep a record of said bonds, which shall be open for the inspection of the citizens of the city. They shall make a report to the mayor and council of said city of their receipts and disbursements at such times as said mayor and council may require. Separate schools for white and colored. Sec. 6. Be it further enacted, That the Mayor and Council of said City of Richland are hereby authorized to levy and collect annually a tax in addition to that now levied by law not to exceed one-half of one per cent. on the taxable property of said city, for the purpose of establishing and maintaining said schools, said funds to be used only for the purposes aforesaid. Additional tax. Sec. 7. Be it further enacted, That all children between the ages of six and eighteen years of age, whose parents, guardians or natural protectors bona fide residing within the corporate limits of said city, shall be entitled to the benefit of said school; Provided, that each child after having received the full share of the State Public School Fund Page 762 shall pay a fee not to exceed ten ($10.00) dollars for the remainder of said scholastic year or any part thereof that said child may attend. It is provided, further, that said board of education may also admit children of like ages into said schools whose parents, guardians or natural protectors do not reside within the corporate limits of said city upon the payment of such tuition as they may deem reasonable and proper and that the said board may provide for the admission of pupils of any other age in said schools whether residents of said city or not on such terms and rules as to tuition, etc., as they may think proper and right. Funds so raised under this section shall be applied to the maintenance of said public schools. School ages. Proviso. Sec. 8. Be it further enacted, That the county school superintendent of Stewart County is hereby authorized to pay over to the Mayor and Aldermen of said City of Richland for the use of said public schools, under such rules and regulations as said mayor and aldermen may prescribe, the just and full proportion of the common school funds arising from any and all sources belonging to or due the said city, to be by the mayor and aldermen expended in the establishment and maintenance of said schools as may be authorized by the Constitution and laws of this State. Common school funds. Sec. 9. Be it further enacted, That before this Act shall become operative it shall be submitted to the qualified voters of the said city for which purpose the mayor and aldermen thereof shall order an election of which ten (10) days' notice thereof shall be given in the public gazette of said city, which election shall be held under the same rules and regulations as that required for mayor and aldermen and the qualifications for voters shall be the same. Those in favor of public schools shall have written or printed on their tickets For Public Schools, and those opposed shall have written or printed on their tickets, Against Public Schools. The managers of said election shall make returns thereof to the mayor and councilmen of said city, who shall upon the first opportunity open said Page 763 returns and declare the result thereof, and if two-thirds of the qualified voters of said city, or two-thirds of those voting, shall be for public schools, then the mayor and councilmen shall immediately declare the results and this Act shall take effect immediately. Should this bill fail of adoption, the said mayor and councilmen may submit the same to another election under the same rules and regulations of the first after the expiration of six (6) months between said elections; Provided, thirty (30) of the qualified voters of said city petition the mayor and aldermen of said city for the same. Election to be held. Form of tickets. Proviso. Sec. 10. Be it further enacted, That the Mayor and Councilmen of the City of Richland are hereby empowered to pass any and all ordinances, by-laws, rules and regulations for the carrying out of the provisions of this Act, and may levy and collect taxes, and issue and sell bonds to any amount not in excess in the aggregate of the maximum by the Constitution of Georgia, when authorized by the qualified voters of said city for school purposes and provided for their payment as prescribed by and in accordance with the laws of the State of Georgia for issuing bonds. Taxes and bonds. Sec. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. ROCHELLE CHARTER AMENDED. No. 468. An Act to amend an Act approved August 10, 1909, creating a new charter for the City of Rochelle, by repealing certain sections of said Act and substituting new sections therefor, so as to abolish the city school system, and to authorize the issuance and sale of bonds for municipal improvements, and for other purposes. Page 764 Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That sections 25, 26, 27, 28, 29, 30 and 31 of the Act known as an Act to create a new charter for the City of Rochelle, approved August 10, 1909, Acts of 1909, page 1235, be and the same are hereby repealed, and the amendments in the form of new sections hereinafter set out shall be substituted therefor. Sections of Act of 1909 repealed. Sec. 2. The City of Rochelle, Wilcox County, Georgia, is hereby authorized to issue bonds in such amount as may be permitted under the Constitution and laws of the State of Georgia, and at such time or times as the Mayor and Council of the City of Rochelle may prescribe, for the purpose of building and equipping schoolhouses; establishing and maintaining a system of surface and sanitary sewers; for the purpose of acquiring, operating and maintaining a light plant and system and a water plant and system for furnishing lights and water to the citizens of said city and others; for the purpose of acquiring, operating and maintaining an ice factory or plant, and a cold storage plant for the purpose of furnishing ice and cold storage to its citizens; for the purpose of opening, repairing, grading and claying, paving and otherwise reclaiming and improving the streets and sidewalks of said city, as the Mayor and Council of the said City of Rochelle may prescribe, and for other purposes, with full power and authority in the City of Rochelle to make all contracts in the erection, maintaining and operation of such plants and systems, and for carrying on of such work and with full power and authority in the mayor and council of said city to make, declare and enforce all such ordinances, resolutions, rules and regulations concerning the use of said sewers, streets and sidewalks, lights and water, ice plant and cold storage plant; and to provide by ordinance for compelling residents, citizens and property owners to make connection with such sewers at their own expenses, and regulate and supervise said connections and to prohibit connection with such sewers and the use of the lights and water and the streets and Page 765 sidewalks, and to provide for the enforcement of such ordinances by fine and imprisonment as well as the issue and levy of executions for that purpose. May sell bonds for public improvements. Sec. 3. The Mayor and Council of the City of Rochelle are hereby empowered to call by ordinance an election by the qualified voters of said city for the purpose of obtaining the assent of two-thirds of the qualified voters of said city to an issuance of bonds in such amount or amounts as may be permitted under the Constitution and laws of the State of Georgia and at such time or times as the mayor and council may, in their discretion, prescribe for any or all of the following purposes, to wit: Election to be called. (1) For the purchasing of or building and equipping schoolhouses in said city. Schoolhouses. (2) For working, grading, claying, paving, macadamizing, draining or otherwise improving for travel or use the public streets, alleys and lanes of said city. Public streets, etc. (3) For establishing and maintaining a system of surface or storm and sanitary sewers within said city. Sanitary sewers. (4) For establishing and maintaining a system of lighting plant or municipal gas plant, or the construction of a new electric lighting plant or gas plant; for extension and improving of such electric lighting plant or gas plant, if so acquired or built; for the extension, improvement and maintenance of the present light plant of said city. Lighting plant. (5) For the acquisition by purchase of a municipal water plant, or for the construction of a new water plant and for the extension and improvement of such water plant, or for the extension and improvement of the present water plant of said city. Water plant. (6) For the acquisition by purchase or for the construction of an ice factory or plant, and a cold storage plant and creamery, and for the extension and improvement of the same, and for the maintenance and operation of such plant or plants. Ice plant; cold storage plant and creamery. Page 766 Sec. 4. The City of Rochelle is hereby authorized to own and operate a system of waterworks and lighting plant, an ice manufacturing plant and cold storage plant and creamery, and shall have power to make all rules and regulations for the management and operation of such plant or plants and to fix from time to time the rates to be charged for service furnished by such plant or plants; and shall have the right to provide by taxation for the purchase, operation and maintenance of the same, and shall have power to provide for the distribution of the revenues obtained from the same; and to provide by ordinances for the protection of the city in the ownership and operation of such plant or plants. Authorized to own various municipal plants; rules and regulations. Sec. 5. In all elections that may be hereafter held in the City of Rochelle for the purpose of authorizing the issuance of bonds by the City of Rochelle for any purpose whatever a special registration shall be had, and the city clerk shall keep the voters' book open for a period of thirty days, beginning not less than thirty-five days prior to such special election. All the provisions of law now existing providing for the qualifications of voters in general elections shall apply to any such special elections. Special registration. 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 20, 1923. ROSSVILLE, CITY OF; CHARTER AMENDMENT; WATERWORKS LEASE. No. 474. An Act to amend the charter of the City of Rossville, Walker County, Georgia, approved August 24, 1905, and all Acts amendatory thereof so as to authorize the said city to lease its system of waterworks to the City Water Company Page 767 of Chattanooga, Tennessee, and to include in said lease the option of said City Water Company to purchase the said system of waterworks, and to extend and increase the same in such manner as may be necessary to meet the growth of said city, and to empower said city to agree upon the terms and conditions of said lease, and to ratify the agreements heretofore made for the purpose aforesaid, and for other purposes. Whereas, The City of Rossville, Walker County, Georgia, has heretofore contracted with the City Water Company of Chattanooga, Tennessee, to construct for it a system of waterworks which said city was heretofore authorized to build, and has entered into an agreement with said City Water Company to supply water to said City of Rossville and the inhabitants thereof for twenty years and to operate the same, under the agreed provisions of an ordinance passed and approved January 8th, 1923, the terms and conditions of which have been accepted by said City Water Company; and Contract to construct waterworks. Whereas, The City of Rossville deems it advisable to lease said system of waterworks to said City Water Company for the purpose of securing an adequate supply of pure and wholesome water for domestic and public purposes, and to include in said lease the right of said City Water Company to purchase, maintain and operate said plant; and said City of Rossville and City Water Company of Chattanooga having agreed upon the terms of said lease; therefore: Waterworks may be leased. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, That the City of Rossville be and it is hereby authorized to grant unto the City Water Company of Chattanooga, Tennessee, its successors and assigns, the right to construct, maintain and operate a system of waterworks in said city of capacity sufficient to fully supply said city with pure and wholesome water adequate to its present and future needs Page 768 for public and domestic consumption for a period of twenty years from the date of the passage of such ordinance. Authority to operate system of waterworks. Sec. 2. Be it further enacted, That said City of Rossville be and it is hereby authorized and empowered to lease to the City Water Company of Chattanooga, Tennessee, the system of waterworks owned by said City of Rossville for a period of twenty years, and on such terms and conditions as may be agreed upon between said City of Rossville and said City Water Company of Chattanooga. That the said City of Rossville be and it is hereby empowered to include among the terms and conditions of such lease the right of said City Water Company of Chattanooga, its successors and assigns, within the time, and upon the conditions agreed upon, to purchase said system of waterworks, and to pay for the same on terms fixed in said lease contract. The said city is further authorized to agree that the present system may be extended during the term of said lease as it may authorize and require. Authority to lease waterworks for period of twenty years. Conditions. Sec. 3. Be it further enacted, That said agreement heretofore executed between said City of Rossville and the City Water Company of Chattanooga, subject to an enabling Act empowering said city to execute the same, be and it is hereby ratified as within the corporate authority of the City of Rossville. Agreement ratified. Sec. 4. Be it further enacted, That the power is hereby conferred upon the City of Rossville to provide for the payment of whatever expenses may be incurred by it under the contract which it is hereby authorized to make. Payment of expenses. Sec. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it; and that all laws in conflict with the same be and they are hereby repealed. Effective from passage. Approved August 20, 1923. Page 769 SANDERSVILLE CHARTER AMENDED. No. 494. An Act to amend the Act amending, consolidating and superseding the several Acts incorporating the City of Sandersville, in Washington County, Georgia, approved August 18, 1919, so as to authorize said City of Sandersville to accept from other municipalities franchises for use of streets, lanes, alleys and sidewalks, etc., for the erection of poles and stringing electric light wires and appurtenances for furnishing electric current for such municipalities and the inhabitants thereof for lighting and mechanical purposes; to give to said City of Sandersville further and additional power and authority to condemn lands either within or without the city for the purpose of changing, diverting or altering its present drainage system or any part thereof, or acquiring land by purchase for such purposes; to amend said Act and section 23 thereof by striking therefrom after the word compensation appearing in line seven (7) down to and including the following: ($1,400.00), appearing in line fourteen (14); and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that the Mayor and Council of the City of Sandersville shall have full power and authority to apply to and accept from other municipalities upon terms to be agreed upon, franchises for the use of streets, lanes, alleys, sidewalks, etc., of such other municipalities for the erection of poles and stringing of electric light wires and appurtenances, for furnishing electric current to such municipalities and the residents thereof for lighting and mechanical purposes, accepting the same in the name and behalf of the said City of Sandersville. Act of 1919 amended. Power to grant franchises for electric light wires. Sec. 2. Be it further enacted by authority of the same, That from and after the passage of this Act that the Mayor Page 770 and Council of said City of Sandersville for the purpose of changing, diverting or altering its present drainage system or any part thereof shall have full power and authority to condemn lands either within or without the limits of said City of Sandersville, and to acquire lands by purchase for such purpose. Authority to condemn land. Sec. 3. Be it further enacted by the authority aforesaid, That section twenty-three (23) of said Act be and the same is hereby amended by striking from said Act and said section thereof after the word compensation appearing in line seven (7) all the words following down to and including the following appearing in line fourteen thereof: ($1,400.00), so that said section as amended shall read as follows: Section 23 of Act of 1919 amended. Sec. 23. Be it further enacted, That at its first regular meeting, the mayor and council 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 elected for a term of one year; shall be paid such compensation as the mayor and council shall deem necessary and proper; 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 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 of said city, in such amount as may be determined upon by the mayor and council for the faithful performance of their duties and to account for all moneys that may come into their hands as such officers of said city. Said officers shall perform such duties as required and provided for in this Act and as may be prescribed and required of them by the laws and ordinances of said city and by the mayor and council. The mayor and council of said city shall have the Page 771 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 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 to be elected for one year. Compensation. Oaths. Duties. Right to suspend or remove officers. Sec. 4. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. SAVANNAH BOARD OF EDUCATION; TERMS OF OFFICE. No. 430. An Act to provide for the termination of the terms of office of the members of the Board of Public Education for the City of Savannah and the County of Chatham (including the Massie School Commissioners); to provide for the selection of their successors and the filling of vacancies, and other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the terms of office of the members of the Board of Public Education for the City of Savannah and the County of Chatham (including the Massie School Commissioners) shall expire and be terminated in the following manner: Terms of office of board of education to expire. Annually beginning January 1st, 1924, the terms of two members of the said board shall expire, the present members of said board shall agree among themselves within Page 772 thirty days after the approval of this Act as to the order in which their terms shall respectively expire, and if they can not so unanimously agree, the question shall be determined by lot at the next regular meeting of the board after the expiration of said thirty day period. Order in which terms shall expire. Sec. 2. Be it further enacted, That during the month of December in each year the Mayor and Aldermen of the City of Savannah and the Commissioners. of Chatham County and ex-officio judges shall each appoint one successor for each of the two members of the said board whose term expires on the next January first for a term of six (6) years from said date. So that the membership of said board shall be kept constantly at twelve (12). Successors to be appointed. Sec. 3. The expirations of the terms of the three Massie School Commissioners whose terms of office under the ordinances of the City of Savannah expire on January 1st, 1925, shall be fixed as provided in the preceding section of this Act, and their terms shall continue as so fixed, and they and their successors shall serve as regular members of said board and the power of appointment under the ordinances of said city of three (3) Massie School Commissioners to serve on said board is hereby terminated. Sec. 4. Be it further enacted, That all vacancies in the term of any member of said board shall be filled by the board itself. If there shall be any vacancy in the membership of said board at the time hereinbefore provided for fixing the expiration of the terms of its members, the board shall fix the expiration of such term or terms so as to fit in with the plan hereinbefore devised for the expiration of the terms of two members of said board annually. Vacancies to be filled by board. 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 2, 1923. Page 773 SAVANNAH, CITY OF; APPROPRIATION FOR THE SAVANNAH FAIR. No. 427. An Act to provide that the City of Savannah may appropriate funds for the purpose of assisting the Savannah Fair, incorporated in the operation and conduct of tri-State expositions for the benefit and development of the agricultural, live stock, industrial and other resources of the City of Savannah, Chatham County, and adjoining territory, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That for the purpose of developing the resources of the City of Savannah, County of Chatham, Georgia, and the adjoining territory by special encouragement to its agricultural, economical, educational, industrial, manufacturing and mechanical interests and by giving notice of its possibilities, potentialities to all the world, that it shall be lawful for the said City of Savannah and the mayor and aldermen of the said city in their official capacities as such, and the governmental officials of said city by whatever terms designated, to enter into any contract, lease or agreement with the Savannah Fair, incorporated, a corporation of said county for the purpose of encouraging the agricultural, economical, educational, industrial, manufacturing and mechanical interests of said city, county and adjoining territory, on such terms as said city authorities may deem proper, with the right on the part of the said association to charge and receive any admission fee or fees to any fairs, expositions and grounds or any part thereof; and the said city shall be authorized to make contributions of money or property to such fair associations to assist in carrying out the purposes of such fair associations, to the end that the purposes of such fair association may be fully and effectually performed. May enter into contract with Savannah Fair for interests of city, county, etc. Page 774 Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1923. SCOTLAND PUBLIC SCHOOL SYSTEM ABOLISHED. No. 212. An Act to repeal an Act amending the charter of the Town of Scotland, providing for the establishment of the public school system therein, approved August 18th, 1913; to abolish the independent school system therein created of said town; to provide for the disposition of the school property and equipment; to provide for the indebtedness existing against said town for and with reference to its said school system, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act approved August 18th, 1913, Georgia Laws 1913, page 1145 et seq., amending the charter of the Town of Scotland and establishing and providing for an independent school system therein be and the same is hereby repealed and the school system of said town shall be and is hereby abolished. Act of 1913 repealed. Sec. 2. Be it further enacted, That the Mayor and Council of said Town of Scotland shall be and are hereby authorized and empowered to continue and levy and collect a tax on all of the taxable property within said town as under said school Act provided for the purpose and to be applied to the payment of the principal and interest of the bonded indebtedness of said town incurred in the establishment and maintenance and operation of said schools, under the said Act, as well as any other indebtedness incurred for said purposes. To levy and collect taxes to pay bonded indebtedness. Page 775 Sec. 3. Be it further enacted by the authority aforesaid, That the Mayor and Council of said Town of Scotland be and they are hereby authorized to rent, lease or to sell at public or private sale the lands, buildings and equipment owned and held and used in and for said schools and the funds arising from the rent, lease or sale of such property shall be kept separate from the other funds of said town and used and applied to the payment of the interest and principal, first, of the bonded indebtedness for school purposes of said town; and, second, to any other indebtedness for school purposes that may exist against said town. To rent, lease, or sell lands, etc. Sec. 4. Be it enacted further, That in the sale of any of the school property of said town acquired under or by virtue of said school system, the same shall be made for cash or on terms as may be fixed and determined by the Mayor and Council of said Town of Scotland. Fix terms of sale of school property. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1923. SNELLVILLE, TOWN OF; CHARTER OF. No. 458. An Act to incorporate the Town of Snellville, in the County of Gwinnett, State of Georgia, to describe and define its limits, to provide for a mayor and council and other officers, to prescribe for their election, to define their rights, duties and powers, to grant certain rights and privileges to said town, to provide for the qualification of voters of said town, to authorize and empower the mayor and council of said town to levy and collect a tax for general and special expenses of said town, and for other purposes. Page 776 Section 1. Be it enacted by the General Assembly of the State of Georgia, That the Town of Snellville, in the County of Gwinnett, be and the same is hereby incorporated under the name and style of the Town of Snellville. Corporate name. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town extend one-half mile north, one-half mile south, one-half mile east and one-half mile west from Sawyer's store, the same to constitute a square. Corporate limits. Sec. 3. Be it further enacted, That the municipal government of the said Town of Snellville shall be vested in a mayor and five councilmen who are hereby constituted a body corporate under the name and style of the Mayor and Councilmen of the Town of Snellville, and they shall have perpetual successions, and shall in said name sue and be sued, plead and be impleaded in any of the courts of law and equity in this State; shall have power and authority to purchase, lease, enjoy, possess, retain to them and their successors for the use and benefit of said town, any property, real or personal, of whatever kind or nature, within the limits of said town, and to sell, alien, exchange, lease or convey the same or any part thereof and to do all other acts relative to their corporate capacity consistent with the Constitution and laws of this State. Municipal government vested in a mayor and five councilmen; powers Sec. 4. Be it further enacted, That an election be held on the first Monday in September, 1923, from 12 o'clock to 4 o'clock p. m. for the purpose of electing a mayor and five councilmen, who will serve as Mayor and Council of said Town of Snellville until their successors are elected and qualified. On the third Monday in December, 1923, an election shall be held in said Town of Snellville for the purpose of electing a mayor and five councilmen who shall hold office for two years, and an election shall be held for the same purpose every two years on the third Monday in December. Page 777 The mayor and councilmen elected shall be sworn into office on the first day of January following their election. Election called. Term of office. Sworn into office Jan. 1. Sec. 5. Be it further enacted, That all citizens of the State of Georgia living within the corporate limits of said town who have been a resident of said town for a period of six months preceding any election held therein, and who are qualified to vote in the elections of said State shall be entitled to vote in all elections held in and for said town provided they have paid all taxes due the Town of Snellville. Qualifications of voters. Sec. 6. Be it further enacted, That all elections provided for under this Act shall be held by a justice of the peace and two freeholders, residents of said town of Snellville, or in any case where the justice of the peace does not assist in holding said election, then any three freeholders, residents of said town, may hold the election. The election superintendents or manages shall take and subscribe the same oath as is prescribed by law for superintendents of elections for members of the General Assembly of the State of Georgia. At the close of the election they shall count the ballots, keeping two tally sheets thereof, and shall at once declare the results of said election. 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 and deposit the same with the clerk of said town, duly certified to be correct. The ballots shall be kept for a period of thirty days and shall not be opened by any one except in case of contest, and after the expiration of thirty days they shall be destroyed by the clerk without examination, provided no contest has been filed. The managers of said election shall be paid such sum as the mayor and council may fix not to exceed $2.00 per day for each manager. Election officers, oaths and duties. Compensation. Sec. 7. Be it further enacted, That before entering on the discharge of their duties, the mayor and councilmen shall subscribe to the following oath, which may be administered by any person authorized by law to administer oaths: I Page 778 do solemnly swear that I will faithfully discharge the duties of mayor (or councilman) of the Town of Snellville to the best of my ability and understanding, so help me God. Oath. Sec. 8. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such marshals, clerks and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them, to prescribe the salary or fees, and the duties of such subordinate officers and require such bonds for the faithful performance of their duties as they may deem necessary and proper. Elect certain officers, fix their salaries and prescribe their duties. Sec. 9. Be it further enacted, That the mayor shall be ex-officio justice of the peace and shall have full authority to issue warrants for any offense committed within the corporate limits of said town and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail or to commit him to jail for violation of the laws of the State or to bail or commit to the guard house for violation of the ordinances of said town. Authority of mayor. Sec. 10. Be it further enacted, That the mayor of said town and in his absence, or, in cases where he is disqualified, the mayor pro tem., who shall be elected by the councilmen from their own numbers, shall be the chief executive officer of said town. He shall see that ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have charge of the police of said town, and may appoint special police whenever he may deem it necessary, and it shall be his duty to especially see that the peace and good order of the town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof; he may imprison the offenders in the guard house of said town not exceeding fifty days or he may order the offenders to work not exceeding Page 779 fifty days on the streets of said town under the direction of the marshal of said town; he shall have power to fine offenders, but no fine shall exceed fifty ($50.00) dollars for any offense. The mayor is hereby invested with full power and authority to inflict for any such offense either one or more or all of said penalties in the discretion of the mayor. The mayor to be chief executive officer; his powers. Sec. 11. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax not exceeding twenty-five cents on every one hundred ($100.00) dollars, upon all the property, both real and personal, within the corporate limits of said town. They also shall have power to require all persons within said corporate limits, who are subject to road duties under this State, to work on the streets of said town, or in lieu thereof to pay a commutation tax. Taxation and street work. Sec. 12. Be it further enacted, That the mayor and councilmen shall have full power and authority to pass all ordinances and by-laws that they deem necessary for the government of said town, provided they be not repugnant to the Constitution and laws of this State or the United States. Ordinances and by-laws. Sec. 13. Be it further enacted, That if at any time the office of mayor or councilman shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancies by election from among the citizens of said town eligible to such office under the provisions of this charter. Vacancies; how filled. Sec. 14. Be it further enacted, That in the meetings of said council the mayor shall not be allowed to vote except in cases of all elections or in cases of a tie vote of the council. Mayor has no vote; exceptions. Sec. 15. No person shall be eligible to serve as mayor or councilman of said town who is not a citizen of the United States, the State of Georgia and said town at the time of his election and he must have resided within said town at least six months immediately prior to his election. Eligibility of officers. Page 780 Sec. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. SPARTA BOARD OF EDUCATION; ENLARGED POWERS; ELECTION TO RATIFY. No. 37. An Act to provide for the election of the Board of Education of the City of Sparta, and for the mayor and clerk and treasurer of the City of Sparta to be ex-officio members of said board, for the electors qualified to vote for said board and for the persons eligible to serve thereon, and to repeal 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 position and to provide that the board of education to be elected by the qualified voters of the City of Sparta, and for other purposes, which Act was approved August 15th, 1922, and providing when the provision of this bill shall become operative, and for other purposes. Section 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 Education of the City of Sparta shall be composed of nine members, seven of whom shall be elected by the people in the manner hereinafter designated, and the mayor of the City of Sparta and the clerk and treasurer of the City of Sparta shall be ex-officio members of said Page 781 board in addition to the seven members so elected, said ex-officio members having and exercising the same powers, privileges and duties as the elected members of said board. Board of education; how elected. Sec. 2. Be it further enacted by the authority aforesaid, That any person of good moral character residing within the corporate limits of the City of Sparta or within the territory embraced within a radius of three miles from the corporate limits of the City of Sparta, who is over twenty-one years of age, shall be eligible to serve as a member of said Board of Education of the City of Sparta. Eligibility of members. Sec. 3. The seven persons to be elected to membership on said Board of Education of the City of Sparta shall be elected by a majority of the qualified voters residing within the territory embraced within a radius of three miles from the corporate limits of the City of Sparta, said territory including the City of Sparta and the district contiguous thereto embraced within said radius of three miles. Majority vote to elect. Sec. 4. Be it further enacted by the authority aforesaid, That said election for said members of the Board of Education of the City of Sparta shall be held biennially on the first Tuesday in March of each year beginning with the year 1925; Provided, that the five members now serving on said board shall hold office for the terms for which they were respectively elected and that immediately after the approval of this Act, the Mayor and Aldermen of the City of Sparta shall elect two additional members of said board, one of whom shall serve until the regular election herein provided for March, 1925, and one to serve until the regular election to be held March, 1927. Election to be held biennially. Proviso. Sec. 5. Be it further enacted by the authority aforesaid, That subject to the exceptions in the foregoing proviso the term of office of the elected members of said Board of Education of the City of Sparta shall be for four years and until their successors are elected and qualified. In case there should be a vacancy by resignation, removal or otherwise in said board, the Mayor and Aldermen of the City of Page 782 Sparta shall elect some qualified person, residing within the district above designated to fill said vacancy until the expiration of the term for which said members was elected. Term of four years; vacancies; how filled. said, That said board of education shall have power to Sec. 6. Be it further enacted by the authority aforetake and hold property, real and personal, that may be acquired by purchase, donation or otherwise, in trust for the public schools of the City of Sparta, with the right to sue and be sued. Said board shall once in each year publish in some newspaper in the City of Sparta a statement of the monies received and disbursed by it during said year. Powers. Sec. 7. Be it further enacted by the authority aforesaid, That the election for members of the Board of Education of the City of Sparta shall be held in the courthouse in Sparta, Georgia, under the same rules and regulations as election for Mayor and Aldermen of the City of Sparta, and the managers shall ascertain and certify the result thereof to the Mayor and Aldermen of the City of Sparta, who shall declare said result, and by resolution on the minutes of the City of Sparta show the persons elected to fill said office. Election to be at courthouse; procedure. Sec. 8. Be it further enacted by authority aforesaid, That in order to ascertain the qualified voters eligible to vote in said election, the clerk of the City of Sparta shall open a registration book in which all persons residing without the corporate limits of the City of Sparta but within the territory embraced within three miles of said corporate limits may register as electors to vote in said elections. Registration. Said registration book shall be in the same form, and all rules and law now applicable to the registration, qualification and purging of the registered list and preparation of the voters' list for the election within the City of Sparta shall be applicable to said registration, and the voters list furnished to the managers shall include therein all persons residing within the City of Sparta and also all persons residing without the corporate limits of the City of Sparta Page 783 but within the territory embraced within three miles thereof and all such persons so certified by the registrars shall be qualified to vote in said election. Purging registered list and preparation of voters' list. Sec. 9. Be it further enacted by the authority aforesaid, That 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, approved August 15th, 1922, and appearing on pages 974-975 of the printed Acts of the General Assembly of 1922, be and the same is hereby repealed. Act of 1890 repealed. Sec. 10. Be it further enacted upon the authority aforesaid, This bill shall not become operative until approved by a majority of the legally qualified voters of the City of Sparta and the three mile limit provided in the Act, voting at an election to be called by the Mayor and Aldermen of the City of Sparta and held under the provisions of the present election laws of the City of Sparta and under the registration as provided in the preceding sections of this bill; and, provided, further, that at said election those desiring to vote in favor of said Act shall have written or printed on their ballots, For ratification of Act of 1923, enlarging the powers of the Board of Education of the City of Sparta. Those desiring to vote against said Act shall have written or printed on their ballots, Against ratification of Act of 1923, enlarging the powers of the Board of Education of the City of Sparta. Not operative until approved by voters. Form of ballots. Sec. 11. 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, 1923. Page 784 SPARTA CHARTER AMENDED. No. 38. An Act to amend an Act entitled An Act to create a charter for the City of Sparta in the County of Hancock, Georgia, and a municipal government for said city; to define its boundary lines; to provide for the maintenance of a public school system in said city; to authorize the issuing of bonds for the purpose of establishing an electric light plant and waterworks for said city, either or both, and for other purposes, which Act was approved August 7th, 1905, by providing for the designation of a depository to be used by the Bond Commission of the City of Sparta and the effect and purpose of said depository, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 19 of An Act to create a charter for the City of Sparta, in the County of Hancock, Georgia, and a municipal government for said city; to define its boundary lines; to provide for the maintenance of a public school system in said city; to authorize the issuing of bonds for the purpose of establishing an electric light plant and waterworks for said city, either or both, and for other purposes, which Act was approved August 7th, 1905, be and the same is hereby amended by adding to said section the following proviso: Provided, that the Mayor and Aldermen of the City of Sparta shall designate a depository for said bond commission and said commission shall immediately deposit in said depository all monies and securities held by it on account of payments made to it of the sinking fund of the City of Sparta and said bond commission and the individual members thereof shall not be liable for any funds deposited or entrusted by it in said depository so named and designated. All funds deposited by said bond commission, or the members thereof, in any depository other than that named by the City of Page 785 Sparta shall be at the personal risk of the members of said bond commission. Section 19 of Act of 1905 amended. Proviso. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 27, 1923. SPRING PLACE PUBLIC SCHOOLS ABOLISHED. No. 545. An Act to repeal an Act, approved November 27th, 1901, establishing a public school system and for maintaining the same in the Town of Spring Place, in Murray County, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved November 27th, 1901, providing for the establishing of a public school system in the Town of Spring Place, in Murray County, and for maintaining the same, and for other purposes, be and the same is hereby repealed. Act of 1901 amended. Sec. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. SYLVESTER TERRITORIAL LIMITS EXTENDED. No. 65. 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 Page 786 corporation, etc., and Acts amendatory thereof for the purpose of extending and enlarging the incorporated limits of said City of Sylvester, taking in a section lying north of the Sylvester and Poulan public road where the same intersects with the Georgia, Ashburn, Sylvester and Camilla Railroad right-of-way, and upon which is now located the Sylvester Coal and Ice Company, being on the east side of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 18, 1919, entitled An Act to create a new charter for the City of Sylvester, and declare the rights, powers and privileges of said corporation, etc., and Acts amendatory thereof for the purpose of extending and enlarging the incorporate limits of said city taken in a section lying north of the Sylvester and Poulan public road, where the same intersects with the Georgia, Ashburn, Sylvester and Camilla Railroad right-of-way upon which is now located the Sylvester Coal and Ice Company, be and the same is 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, to wit: Beginning at a point on the south side of Pope Street where the south line of said street intersects with the west side of the right-of-way of the G. A. S. C. Railway Company and running due east along the south side of said street or what is known as the Sylvester and Poulan public road, a distance of 215 feet; thence due north to where the same intersects with the west line of the G. A. S. C. Railway Company and city limits; thence in a southwesterly direction along the east line of the present city limits and the west line of the G. A. S. C. Railway Company to point of beginning. Act of 1919 amended. City 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 Page 787 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. City limits may be read-justed. 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 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 portions of said city. Authority and jurisdiction extended over added territory. Property subject to all bonds. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1923. TALBOTTON CHARTER AMENDED. No. 395. An Act to amend the charter of the Town of Talbotton, Georgia, by repealing sections 40 to 54 inclusive of the charter of said town found in the Act of the Legislature approved August 20, 1913, Georgia Laws 1913, page 1173, et seq.; to provide for the vesting of the title of Page 788 the school property of the Town of Talbotton, Georgia, in the Board of Education of Talbot County, Georgia, and to provide that the Town of Talbotton, Georgia, shall become a part of the Talbotton Consolidated School District as now laid out or as it may hereafter be laid out by the Board of Education of Talbot County, Georgia, whenever said district has voted a maintenance tax, and for all other purposes necessary for making the Talbotton school system a part of the Talbotton Consolidated School District. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That sections 40 to 54 inclusive of the charter of the Town of Talbotton, Georgia, as the same is found in the Act of the Legislature approved August 20, 1913, Georgia Laws 1913, page 1173, et seq., be and the same are hereby repealed. Sections 40 to 54 of charter repealed. Sec. 2. Be it further enacted, That the title to all school property of the Town of Talbotton, Georgia, whether now held by the Board of School Trustees of the Town of Talbotton, Georgia, under the charter of the Town of Talbotton, Georgia, above and hereinbefore referred to, including the property known as Le Vert College and the land on which it is situated, or whether the title to this property is vested in the Mayor and Council of the Town of Talbotton, Georgia, be and the same is hereby vested in the Board of Education of Talbot County, Georgia, for educational purposes for the Talbotton Consolidated School District. Title to all school property vested in board of education. Sec. 3. Be it further enacted, That the school system of the Town of Talbotton abolished by the repeal of the sections of the charter of the Town of Talbotton, Georgia, as provided in section 1 of this Act, shall become a part of the Talbotton Consolidated School District as now laid out or as it may hereafter be laid out by the Board of Education of Talbot County, Georgia, and under the jurisdiction of said board. Abolished school system to become a part of Talbotton School District. Page 789 Sec. 4. Be it further enacted, That this Act shall not become operative until a maintenance tax for school purposes is voted within the territorial limits of the Talbotton Consolidated School District embracing within its limits the territory now comprised within the corporate limits of the Town of Talbotton, Georgia. That whenever this said tax is voted according to law, then, and not until then, shall this Act become operative. Not operative until tax for school purposes is voted. Sec. 5. Be it further enacted, That all laws and parts of laws that are in any way in conflict with this Act and its operation be and the same are hereby repealed. Approved August 4, 1923. TENNILLE WATER AND LIGHT COMMISSION CREATED. No. 493. An Act to amend the Act amending, consolidating and superseding the several Acts incorporating the City of Tennille, in Washington County, same approved August 21st, 1906, and Acts amendatory thereof, so as to create and establish an Electric Light and Water Commission in and for said City of Tennille, and define the powers and duties thereof; to authorize said City of Tennille through its mayor and council to grant such franchise in the streets, lanes, alleys, etc., of the City of Tennille, for the purpose of erecting poles and stringing electric light wires and appurtenances, and for the laying of water mains, pipes, etc., as may be deemed necessary for the securing of an adequate supply of lights and water, either or both, 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 An Act to amend, consolidate and supersede the several Acts incorporating the City of Tennille, Georgia, in the County Page 790 of Washington; to provide a new charter for said city; to provide for a municipal government for said city, and to define the powers, right and duties of such government for other purposes, and Acts amendatory thereof be and the same are hereby amended as follows: Act of 1906 amended. There shall be an Electric Light and Water Commission in and for said City of Tennille, consisting of three members to be elected by the mayor and council at their regular meeting after their election and qualification, every two years; Provided, that upon the passage of this Act the members of said commission shall be immediately elected to hold until the regular commissioners are elected under the foregoing provisions of this Act. The mayor and members of the council shall be eligible for election as members of the water and light commission. Said water and light commission shall have charge of and supervision over and be vested with the authority to handle, control and manage the light and water system for said city, and to make any and all contracts relating to or necessary in its operation or management, and said water and light commission shall have all such other power and authority as may be conferred by the mayor and council of said city in their ordinances or resolutions. Light and water commission; how elected. Proviso. Supervision. Sec. 2. Be it enacted by the authority aforesaid, That said Act be and the same is hereby amended as follows: The Mayor and Council of said City of Tennille shall have the power, right and privilege of granting and conveying an exclusive franchise to any corporation, municipal or otherwise, or to any individual in the streets, lanes, alleys and squares of the City of Tennille for the purpose of erecting poles and stringing electric light wires and appurtenances, and for the laying of water mains, pipes and fixtures. Said franchise may be granted for any period of time by said mayor and council not exceeding twenty years. Amending language. Sec. 3. Be it further enacted, That all laws and parts of law in conflict herewith are hereby repealed. Approved August 18, 1923. Page 791 THOMSON BOARD OF EDUCATION; ACT OF 1907 AMENDED. No. 81. An Act to amend An Act to authorize the establishment of a system of public schools in the Town of Thomson; to provide for the maintenance and support of same; to create a board of education for said town; to provide for the issuance of bonds by said town for the purpose of purchasing school property and building schoolhouses for said town, and for other purposes, approved August 17, 1907, by striking all of section 7 of said Act, as printed on page 946 of the printed Acts of 1907, and substituting therefor a new paragraph. Section 1. 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 7 of the Act approved August 17, 1907, entitled An Act to authorize the establishment of a system of public schools in the Town of Thomson; to provide for the maintenance and support of the same; to create a board of education for said town; to provide for the issuance of bonds by said town for the purpose of purchasing school property and building schoolhouses for said town, and for other purposes, be and the same is hereby amended by striking section 7 of said Act as it appears on page 946 of said printed Act, and substituting therefor the following to be known as section 7: Section 7, Act of 1907, amended. Sec. 7. Be it further enacted, That it shall be the duty of the said board of education to have prepared and furnished each year to the county board of education or to such other authority as the State School Superintendent may direct, in accordance with the laws of the State governing such matters, any data concerning the schools of the City of Thomson that may be required by the school laws of the State and the State Department of Education shall pay over to the said city board of education that part of the State public school fund or that part of any school Page 792 funds to which the said Thomson public school system may be entitled, under the rules governing the distribution of the same. New Section 7. Sec. 2. Be it further enacted by the aforesaid authority, That all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved August 18, 1923. VALDOSTA, CITY OF; NEW CHARTER FOR. No. 332. An Act to repeal the present charter of the City of Valdosta and Acts amendatory thereof; to provide another charter for the City of Valdosta; to define territorial limits of the City of Valdosta; to provide for a commission form of government, a city manager and other officers for the City of Valdosta; to provide their powers and duties and the manner of their election; to provide that all valid contracts heretofore entered into by the City of Valdosta, or the Mayor and Council of the City of Valdosta as heretofore incorporated; to provide that all property now and heretofore held and owned by the City of Valdosta, or the Mayor and Council of the City of Valdosta as heretofore incorporated, shall be and become the rights and property of the City of Valdosta hereby incorporated, and that all rights and liabilities of the City of Valdosta, or the Mayor and Council of the City of Valdosta heretofore incorporated, shall accrue to and against the City of Valdosta hereby incorporated; to provide that all ordinances of the City of Valdosta, or the Mayor and Council of the City of Valdosta heretofore incorporated, not in conflict with this charter shall be valid and enforceable as ordinances of the City of Valdosta hereby incorporated; to provide for streets and sidewalks and the working or paving of the same; to provide for a system Page 793 of sanitary sewerage; to provide for a system of waterworks and electric light plants; to provide for a board of health; to declare and define the public powers of said city and provide for all matters of municipal concern and cognizance; to provide for taxation or granting licenses to all kinds of business, trades and professions; to provide for condemnations of private, public or semipublic property for the use of said city, and define methods of arriving at the values of such and compensate the owner thereof; to authorize the City of Valdosta to establish a public school system and to grant a charter to the said City of Valdosta under the corporate name of the City of Valdosta; to provide for the holding of an election submitting to the qualified voters of the City of Valdosta the question of whether or not a majority of said voters favor the adoption of the commission manager form of government as provided in said Act, or the form of government heretofore in operation in said City of 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 from and after the passage of this Act, and after the adoption of the same by a vote of the people, as hereinafter provided, an Act entitled an Act to incorporate the City of Valdosta, approved November 21, 1901, and all Acts amendatory thereof, be and the same are hereby consolidated into and superseded by this Act, and all provisions of former Acts inconsistent with, or at variance with this Act, or any provisions hereof, are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Act of 1901 repealed. Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, and the adoption thereof as hereinafter provided, the City of Valdosta, in the County of Lowndes, is hereby incorporated. The corporate limits of said city shall, as heretofore surveyed Page 794 and established, extend and embrace one mile in every direction from city lot of land number fifteen in said city, on which the county courthouse of Lowndes County, Georgia, is situated in the said County of Lowndes, and State of Georgia, and in addition thereto the following territory, to wit: Beginning at a point at the former limits of the City of Valdosta one mile from the courthouse square and four hundred and eighty feet east of Ashley Street; running north 4 degrees and 30 minutes west, a distance of 3575 feet; thence west 5 degrees south, a distance of 480 feet; thence north 4 degrees and 30 minutes west, a distance of 500 feet; thence west 2 degrees and 30 minutes south, a distance of 4100 feet; thence south 15 degrees west, a distance of 2530 feet; thence south 27 degrees east, a distance of 2100 feet; thence south 73 degrees west, a distance of 2135 feet; thence south 9 degrees and 30 minutes west, a distance of 1140 feet; thence south 6 degrees east, a distance of 1170 feet; thence 86 degrees east, a distance of 3600 feet, to the corporate limits of said City of Valdosta in Dukes Bay; also beginning at a point on the east side of the Valdosta and Milltown public road, at a point 5283 feet from block number 15, known as the courthouse square in the City of Valdosta, Lowndes County, Georgia, and running along the east side of the said Valdosta and Milltown public road, north 17 degrees and 45 minutes west 1600 feet to the property line of H. D. Jones; thence east 1 degree and 30 minutes north 965 feet to the right-of-way of the Georgia and Florida Railroad; thence south 14 degrees and 40 minutes west along the west side of the Georgia and Florida Railroad right-of-way 2300 feet to the limits of the City of Valdosta as formerly incorporated. The said defined territory is incorporated under the name and style of the City of Valdosta, and the City of Valdosta is hereby chartered and given all of the privileges and benefits conferred on cities by the Constitution and Laws of Georgia, and by said name is established and may have perpetual succession and is hereby invested with all the Page 795 rights, powers and privileges incident to municipal corporations in this State or cities thereof, and all rights, powers, privileges, titles, properties, easements or hereditaments now belonging or in any wise appertaining to the City of Valdosta, or to the Mayor and Council of the City of Valdosta as heretofore incorporated, shall be and are hereby vested in the City of Valdosta as created by this Act, and the City of Valdosta in the County of Lowndes, State of Georgia, created, established and declared by this Act may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its commissioners, hereafter provided for, such ordinances, rules, regulations and resolutions for the transaction of its business, and for the welfare and proper government of said city as said commissioners may deem best and not inconsistent with the laws of Georgia and the United States, and the said City of Valdosta shall be capable in law to purchase, hold, enjoy, receive, possess and retain in perpetuity lands, tenements or hereditaments of any kind whatsoever within or without the corporate limits of said city for corporate purposes, and to sell, alien, or convey, or exchange the same, or any part thereof. The said City of Valdosta, created by this Act, is hereby made responsible as a body corporate for the legal debts and liabilities, and undertakings of said City of Valdosta, or the Mayor and Council of the City of Valdosta as heretofore incorporated, and all ordinances now in force in the City of Valdosta, and enacted by the municipal authorities of said City of Valdosta, or the mayor and council thereof as heretofore incorporated, and not repugnant to the provisions of this charter, or the law of Georgia, shall be, and are hereby continued in force in said City of Valdosta incorporated by this Act. The present Mayor and Council of the City of Valdosta shall continue in office as Mayor and Council of the said City of Valdosta incorporated under this Act until their present term expires, or their successors are elected and qualified, and all other Page 796 officers of the City of Valdosta shall continue in office until present terms expire, or their successors are elected and qualified; such officers being subject to dismissal and rights and penalties as provided in this Act. Corporate limits. Corporate name. Corporate powers. Present officials remain in office. Sec. 3. Be it further enacted, That the municipal government of the City of Valdosta shall consist of three commissioners, each of whom shall, except as hereinafter provided, hold office for and during the period of three years; and a city manager and such other officers as may be appointed by such commissioners and (or) said city manager under the authority of this charter. Three commissioners and manager. Sec. 4. Be it further enacted, That there shall be elected on the second Monday in February, 1924, a board of three commissioners who shall serve; one, for a term of three years; one, for a term of two years; and one, for a term of one year, and said commissioners so elected shall determine by lot the respective terms that each shall serve, and thereafter on the second Monday in February of each year there shall be elected one commissioner for the term of three years, to succeed the commissioner whose term of office expires that year. The election herein provided for shall be under the management and control of a justice of the peace, or the ordinary of Lowndes County, or the judge of the city court of Valdosta, and two freeholders, residents of said city, which said justice of the peace, ordinary, or judge of the city court of Valdosta, and freeholders shall be elected by the mayor and council then in office for the first election, and thereafter appointed by the commission. Said election shall be open at 8 o'clock A. M. and closed at 4 o'clock P. M., and shall be held under the forms and regulations prescribed by law for holding elections for members of the General Assembly, insofar as they are applicable to said election, and do not conflict with the specific rules herein provided, and all elections held in said city at any time and for any purpose whatever shall be held in the same manner, and shall be held at the courthouse in said county Page 797 in said City of Valdosta. The managers of the election so appointed by the mayor and council, or the commissioners, as the case may be, shall have power and authority to employ such number of clerks as may be necessary in the holding of said election. Term of office, how determined. Management and control of election. Sec. 5. Be it further enacted, That the managers of election of said city shall take before some officer, authorized to administer oaths, or administer to each other, the following oath: I....., do solemnly swear that I will faithfully perform the duties of manager of this election to the best of my ability, prevent fraudulent and illegal voting, without fear or favor, so help me God. Oath of managers. Sec. 6. Be it further enacted, That immediately after the polls are closed said manager shall count the ballots cast. After the ballots have been counted the tally sheets and lists of votes 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 sheet (or list of voters, as the case may be) of the election for commissioner held by us. This..... day of....., 19..... ..... ..... ..... Managers. Certificate of managers. The tally sheets and voters' list shall then be sealed up together in the envelope, delivered to the clerk of the City of Valdosta 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. Sec. 7. Be it further enacted, That on the same day, or the day next succeeding the first election hereunder, the managers thereof shall file a written report of the result with the city clerk, showing the number of votes cast, and for whom cast. On the first Wednesday in March next succeding Page 798 the filing of said report the mayor and council shall hold a regular meeting, and shall at such meetings declare the result of such election, and such declaration shall be entered of record by the city clerk on his minutes of said meeting, and the commissioners so elected shall take the oath of office at said time and place, and begin immediately to discharge their duties as commissioner of the City of Valdosta, and each succeeding year on the day of such election, or the day next succeeding the election of a commissioner or commissioners, as the case may be, the managers of such election shall file a written report of the result with the city clerk showing the number of votes cast, and for whom cast, and on the first Wednesday in March next succeeding the filing of such report a regular meeting of commissioners shall be held, at which meeting the result of such election shall be declared, and such election shall be entered of record by the clerk on his minutes of said meeting, and the commissioner or commissioners, so elected, shall take the oath of office then and there and immediately begin upon the discharge of his duties as commissioner. Managers shall file written report. Commissioners to take oath of office. Sec. 8. Be it further enacted, That after thirty days from the date of said election, if no notice of contest has been given as to the results of said election, the clerk of said City of Valdosta shall destroy the ballots. Should any person, except under an order of court of competent jurisdiction for any case whatever, tamper with either the tally sheets, lists of voters, or ballots of said election after they have been filed with the clerk of the city as aforesaid, he shall be liable to fine, imprisonment, or both, in the discretion of the police court of said city. Penalty for tampering with tally sheets, etc. Sec. 9. Be it further enacted, That every citizen of the City of Valdosta incorporated under this Act, twenty-one years of age, who shall have resided in this State a year, next preceding the election, and six months within the corporate limits of the City of Valdosta, next preceding the election, and shall have paid all taxes which may have Page 799 been required of him, or her, by the State of Georgia, the County of Lowndes and the City of Valdosta, and which he, or she, may have had opportunity to pay agreeably to law, except for the year of the election, and the payment of all fines, license and registration fees required of him, or her, by said city, and not convicted of any crime involving moral turpitude and not paroled, shall be qualified to vote at any election held in the City of Valdosta for any purpose whatever; Provided, the Mayor and Council, or the Commissioners of the City of Valdosta, as the case may be, may provide by proper ordinance for the registration of such voters, and require them to register as an additional qualification. Qualifications of voters. Proviso. Sec. 10. Be it further enacted, That on the first Wednesday in March, next succeeding the first election herein provided for, the three commissioners elected shall organize by drawing lots for the term each shall serve, as hereinbefore provided, after which each of said commissioners shall take and subscribe the following oath: Terms determined by lots. I do solemnly swear that I will well and truly demean myself as a commissioner of the City of Valdosta 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. Oath. Said commissioners shall then elect a chairman and said chairman shall preside at said meetings during the further organization of said commission. Said commissioners shall then select one of their number as Mayor of the City of Valdosta, and shall likewise select another of their number as mayor pro tem. When said mayor and mayor pro tem. have been elected, then it shall be the duty of the mayor to take the chair and to preside over all meetings of the commission, and as such to sign all orders, minutes, rules, regulations, resolutions and ordinances passed or enacted by said commission. It shall be the duty of the mayor pro tem. to do and perform all things required of the mayor in his Page 800 absence, or when laboring under any disability. It shall be the duty of the clerk of the City of Valdosta to keep correct minutes of all meetings of the commission. Commissioners shall elect mayor; his duties. Duty of clerk. Sec. 11. Be it further enacted, That the commission thus elected and organized shall be strictly a legislative body. Said commission shall pass all ordinances for the government of said city, fix the tax rate, license fees, and do, and perform all necessary work and things of a legislative character for the successful government of said city. Except as herein otherwise provided, before any ordinance shall become a law it shall be read at three separate regular meetings of the commissioners before its passage; Provided, that an ordinance may be passed at the first reading by unanimous consent of the commissioners. Authority of commission. Proviso. Sec. 12. Be it further enacted, That should a vacancy occur on the commission by death, resignation or otherwise, the remaining members of the commission shall select some fit and proper person to serve in his place, and such person so elected 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; how filed. Sec. 13. Be it further enacted, That immediately after organization, as hereinbefore provided, or as soon thereafter as the same may be done, the said commission shall elect a city manager, and fix his salary, the amount of which shall be in the discretion of said commission. Said city manager need not be a resident of said city, nor of the State of Georgia when so elected and shall not be elected for any designated period of time. He shall be chosen and employed for an indefinite time and by reason of his executive, administrative and business qualifications. The said manager may be removed from office by the commission at any time within six months after his appointment and qualification, at the well of said commission, but he shall not thereafter be removed from office unless and until served Page 801 with written charges and given a public hearing before the commission, which public hearing shall be held within thirty days from the date such charges are served upon the city manager. Pending such hearing the city manager may be suspended by the commissioners, and during any suspension or disability of said manager the commission shall select some properly qualified person to perform the duties of the office of manager. City manager; salary; qualifications; term. May be removed; how. Sec. 14. The city manager shall be the chief executive officer of said city and he shall be responsible to the commission for the proper administration of all the affairs of said city and shall enter into a good and solvent bond of not less than $25,000.00, payable to the City of Valdosta, 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 said city that may come into his hands or under his management and control. Said city manager shall require from each of his subordinates handling any money or having the custody and control of personal property belonging to said city, a like bond in such amounts as he shall deem proper, and upon his failure so to do, he shall be liable on his said bond for any default of such subordinate. The term subordinate, as hereinabove used, shall be held to include any officer or employee appointed or employed by said city manager. The premiums on all such bonds required by this paragraph shall be paid by the city out of its general funds. City manager, bond, duties, etc. Subordinates to. Sec. 15. Be it further enacted, That said city manager shall take and subscribe the following oath: I....., do solemnly swear that I will faithfully perform all the duties developing upon me as manager of the City of Valdosta to the best of my skill and ability, so help me God. Oath. Sec. 16. Be it further enacted that the said manager shall, with the advice and consent of the commission, appoint Page 802 a city clerk and a city attorney. It shall be the duty of such city clerk to attend all meetings of the commission and keep accurate minutes thereof, and generally to keep the books, records and accounts of the City of Valdosta, and to perform all such other duties as may be prescribed by the commission or by said city manager. It shall be the duty of the city attorney to perform all work usually incident to his office and to give advice and counsel to said commission and to said city manager upon any matter requested by them or either of them. It shall be the duty of said city attorney to prepare all contracts and ordinances which he may be requested to prepare by said commission or said manager, and it shall be his duty to approve all contracts entered into by said city, and no contract entered into by said city shall be valid and binding unless so approved by said city attorney. Said city attorney shall perform such other duties as may be required of him by said commission or said manager. The city manager shall fix the compensation to be paid to the city clerk and to the city attorney. The said city manager may discharge the city clerk or the city attorney whenever in his judgment the best interest of the city requires such action. It shall also be the duty of the city manager to appoint a chief of police and such other members of the police force as will, in his judgment, be necessary, both for regular employment and for special service. He shall prescribe their duties, fix their salaries and discharge them, or any of them, whenever he may deem proper to do so. He shall appoint a chief of the fire department and such other members of the fire department as may, in his judgment, be necessary. He shall fix their salaries, prescribe their duties and discharge them or any of them, whenever he may deem proper so to do. He may appoint a street superintendent, fix his salary, prescribe his duties and discharge him whenever he may deem proper so to do. He may appoint a sanitary inspector, an auditor, city physician, and all such other officers, subordinates and employees as, in his judgment, may be necessary for the Page 803 proper administration of said city. He may fix their salaries, prescribe their duties and discharge them or any of them when he may deem it proper so to do. The said city manager may appoint a superintendent of water works and may engage such other employees in connection therewith as he may deem necessary for the proper operation thereof. He shall fix their salaries, prescribe their duties and discharge such employees whenever, in his judgment, it may be proper so to do. He shall appoint such other employees of said city as may be necessary and fix their compensation. He shall have the right to discharge or suspend any such employees when in his judgment the best interests of the city require it, and from his action in matters of dealing with city employees there shall neither be appeal to nor interference by the commission. It shall be the duty of the said city manager to enforce all ordinances, rules and regulations passed by the commission. He shall be the purchasing agent for the said City of Valdosta, and shall buy all supplies of every sort, kind and character used in the city's business; Provided, that all contracts or agreements made by him requiring the expenditure of money, in excess of $500.00, shall be first approved by the commission, and he shall buy all supplies used by the public schools of said city, upon proper requisition from the board of education thereof, when the amount of such purchases exceed $100.00. He shall make all contracts for city lighting, waterworks, sewerage, sanitary work, paving, or other needful things to be done for or in behalf of the city. Said city manager shall be engaged in no other business, but shall devote his time and attention exclusively to the management of the affairs of said city. He shall, when in his judgment it is necessary, employ a suitable engineer to make surveys, estimates, or to lay out and construct any work or enterprise for the city. He shall keep an office at the Valdosta City Hall, and his office shall be open during business hours every day, except Sundays and legal Page 804 holidays, and he shall employ in such office such force as may be necessary in his judgment to properly handle the city's business. Clerk and city attorney to be appointed. Duties of attorney. Compensation. Chief of police. Fire department, etc. Purchasing Surveys. Sec. 16. Be it further enacted, That the said city manager shall on or before the first Monday in April of each and every year select and appoint a depository for all funds or monies belonging to the said City of Valdosta. The depository so named, or appointed, shall be some chartered bank, or banking institution, engaged in business in the City of Valdosta, and in order to be valid such appointment shall be approved by a resolution of the commissioners, or a majority of them, in meeting duly assembled, and said resolution shall be entered on the minutes of their proceedings. No appointment shall be for a period of time longer than one year, and the bank, or banking institution, so appointed shall give bond payable to the City of Valdosta in a penal sum to be fixed, and with surety to be approved by the commissioners, conditioned faithfully to account for all monies or funds of said city coming into its hands, and it shall be unlawful to deposit in or transfer to said bank any monies or funds belonging to said city before the said bond is given and approved as aforesaid. In the selection of the said depository the city manager shall act with due regard to the best interest of the City of Valdosta, and such selection, where practicable, shall be made upon competitive bids of the banking institutions of said city; Provided, however, the said city manager shall not be required to select or name the bank making the best bid for the account of said city. The monies or funds of the city so deposited in the city depository shall be checked out only upon vouchers signed by the city manager, and countersigned by the mayor of said city, or such other commissioner or commissioners as may be designated by a resolution of the commissioners in meeting duly assembled, and entered upon the minutes of their proceedings. Depository. Proviso. Sec. 17. Be it further enacted, That it shall be the duty of said commission to elect a recorder for the City of Page 805 Valdosta, whose duty it shall be to preside over the sessions of the municipal court of said city, to be known as the recorder's court, with full and ample authority to try and dispose of all cases within the jurisdiction of said court. He shall be elected for the term of one year, and shall hold said office for and during said term, and until his successor is elected and qualified, unless he shall be removed from office sooner for cause, to be judged of by said commission. He shall try and dispose of all cases and misdemeanors against the ordinance of said city. In the event of his absence, or disqualification, it shall be the duty of said commission to appoint some suitable person temporarily to act in his stead. Said recorder, in addition to the jurisdiction hereinbefore conferred, shall have the criminal jurisdiction of the justice of the peace within the territory embraced in the City of Valdosta. He shall have power to issue warrants and whenever it shall appear that an offense against the laws of the State has been committeed within the limits of the city's police jurisdiction, it shall be the duty of the recorder to commit the offender, or offenders, to jail, or to bail to answer to the court having jurisdiction of such offense. Such recorder shall receive such salary as the commission, prior to his election, shall prescribe, and such salary shall not be increased or diminished during his term of office. Before entering upon the duties of his office he shall take and subscribe an oath, before some officer authorized to administer the same, faithfully to discharge the duties of his office. The duties of the recorder not herein enumerated may be prescribed by ordinances. Recorder his duties. Acting recorder. Bail. Salary. Oath. Sec. 18. Be it further enacted, That when any person shall be tried in said recorder's court for any offense against the ordinance, rules, regulations and laws of said city, and convicted for a violation thereof, such recorder may impose such penalty for the violation thereof, not exceeding a fine of $200.00, or labor on the streets of said city, or public works of said city, or confinement in the common jail of said city, not to exceed ninety days, either Page 806 or both, in his judgment, agreeable to the provisions of the ordinances, rule, regulation or law for the violation of which such person may have been tried and convicted. Said fine may be collected by execution issued by the clerk of said city against the estate, both real and personal, of the offender. Maximum fines and sentences. Sec. 19. Be it further enacted, That the chief of police or other policemen or arresting officer of said city may arrest without a warrant any person guilty of violating any ordinance, rule or regulation of said city, and the said arresting officer may summon any citizen or citizens of said city to assist in said arrest. Arresting without warrant. Sec. 20. Be it further enacted, That when any person or persons may be arrested in said city for the violation of any ordinance, rule or regulation thereof, such person may be permitted to give bond and security for his appearance at the time appointed for trial, or may be imprisoned to await trial in default of giving such bond. If such bond be given and the accused shall fail to appear at the time fixed for trial, such bond may be forfeited by the recorder and an execution issued therein by serving the defendant, if to be found, and his securities, with a rule nisi, at least five days before the next regular session of the recorder's court, when such rule nisi shall be heard. Sec. 21. Be it further enacted, That all writs, processes, subp[UNK]nas, rules nisi and other legal process, all executions issued in behalf of said city for the collection of taxes, forfeitures, fines or other processes, shall be directed to the marshal or chief of police of said city, and all and singular the sheriffs and deputy sheriffs of said State, signed by the clerk, bearing test in the name of the mayor of said city, and such sheriffs and their deputies are empowered and required to execute all such writs, processes, subp[UNK]nas, rules nisi or other legal processes, issuing as aforesaid when the property or parties to be proceeded against are without the corporate limits of said Page 807 City of Valdosta, and the marshal or chief of police of said City of Valdosta shall serve all such writs, processes, subp[UNK]nas, rules nisi, executions, or other legal processes, when the person or property to be proceeded against are within the corporate limits of the City of Valdosta. Writs, Processes, etc., directed to whom. Property or parties out of corporate limits. Property or person within corporate limits. Sec. 22. Be it further enacted, That upon the arrest of any person charged with an offense against any ordinance, rule or regulation of said city, it shall be the duty of the arresting officer to cause to be placed upon the docket of cases in the recorder's court, a case against such person, showing the nature of the offense alleged to have been committed. Upon the trial of such case, when the same is called, the defendant shall be asked whether he pleads guilty or not guilty, and issue shall be joined upon the answer of such defendant. Docketing, trial of violation of ordinance. Sec. 23. Be it further enacted, That such recorder shall have power to punish for contempt against its lawful authority, when in its presence or otherwise, to issue summons for witnesses, books and papers in as full and complete a manner as the justice courts of this State may do; to punish as for contempt failure to obey its legal summons; to grant continuances under rules of law and to do all other acts and things necessary for the proper enforcement of its authority as such court; Provided, that no fine for contempt shall exceed the sum of $50.00, or imprisonment in the city jail for more than ten days. Contempt, summons, continuances, etc. Maximum punishment for contempt. Sec. 24. Be it further enacted, That all sales of personal property by the marshal or chief of police of said city shall be made before the county courthouse door in said city, after ten days' notice of the time, place and property to be sold is posted at three or more public places in said city. Notice and sale of property. Sec. 25. Be it further enacted, That all sales of personal property made by the sheriff or his deputy hereunder shall be made before the county courthouse door in the county Page 808 where the property is, after giving ten days' notice of the time, place and property to be sold by posting such notices in three or more public places in said county. Place of sale. Posting notices. Sec. 26. Be it further enacted, That two commissioners shall constitute a quorum for the transaction of any and all business, whether legislative or judicial; and provided, further, that when only two members of the commission are present it shall require the unanimous vote of both to pass any ordinance or resolution. Quorum. Sec. 27. Be it further enacted, That two commissioners shall meet at least once in every month and oftener as the business of the city may require. Such commissioners shall have power to pass such ordinances, by-laws, rules and regulations as may, in their judgment, be necessary to carry out the purpose of this Act, not in conflict with the provisions hereof, or of the Constitution of laws of the State of Georgia, and to provide penalties for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, commons and public squares of said city, and may provide against obstructions and nuisances thereon. They may by resolution or ordinance provide for the laying of such drains and gutters therein as are necessary and proper for keeping the corporate limits of said city, or the limits of its police jurisdiction, free from garbage and filth of all kinds. They shall have the power to summarily abate all nuisances, whenever in their judgment such nuisances are injurious to the health, comfort or convenience of the inhabitants of said city, either with or without complaint against such nuisance. They may regulate the running of locomotives or cars, whether run by steam, electricity or other power. They may provide against obstructions in the streets, alleys or sidewalks therein, and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables or anything calculated to cause inconvenience to individuals or to make such streets, alleys or sidewalks unclean or unsightly. They may make such regulations as they deem proper relative to the keeping, Page 809 storage or sale of gun-powder and explosives, or inflammable oils, chemicals or powders in said city. They may prohibit the commission of nuisances in said city and provide punishment therefor. Meeting once a month required. Jurisdiction and powers. Abating nuisances. Sec. 28. Be it further enacted, That said commissioners, in order to promote health, safety, morals and the general welafre of the community, shall have power and authority, by ordinance, to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open space, the density of population and the location and use of buildings, structures and lands for trades, industry, residences or other purpose within the corporate limits of the said City of Valdosta; and for any and all of said purposes, and in order to make effective the provisions of this section, the said commission may divide said municipality into districts of such number, shape and area as may be deemed best suited to carry out the purpose of this section; and within such districts the said commission may be ordinance regulate and restrict the erection, construction, re-construction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. Such regulation shall be made in accordance with a comprehensive plan, and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with the view of conserving the value of buildings and encourage the most appropriate use Page 810 of land throughout such municipality. The said commission of said city shall provide for the manner in which such regulations and restrictions, and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed, and to this end may appoint a commission of five citizens of said city to be known as the zoning commission of said city, to make investigation and recommendation to the commission of said city with reference to the boundaries of said districts, and the nature and character of the regulations to be enforced therein. However, no ordinance establishing such regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties at interest and citizens shall have an opportunity to be heard. The proposed ordinance fixing and establishing such regulations, restrictions and boundaries shall be published in some newspaper of general circulation in said City of Valdosta for at least thirty days prior to the date of a public hearing thereon, and in connection with such notice in such publication notice shall be given of the time and place of such hearing. Building restrictions. Zoning. Zoning commission. Public hearing. Thirty day notice. Sec. 29. Be it further enacted, That said commissioners shall have the power and authority to pass an ordinance or resolution to priscribe the manner in which all buildings shall be erected or constructed within the corporate limits of the said City of Valdosta, and shall have power and authority to compel every person or persons about to build, or cause to be built, any house of any description, or other structure, to first secure a permit in such manner as may be prescribed by the commission by ordinance, and a failure on the part of any person or persons to comply with such ordinance as may be prescribed under the authority granted in this section shall be liable to the penalties prescribed in said ordinance. Building permits required from. Sec. 30. Be it further enacted, That said commissioners shall have power and authority to pass ordinance and resolutions in regard to meat and markets and other businesses Page 811 of like nature, and to prescribe penalties for the violation of the same. They shall also have power and authority to establish and maintain a system of inspection of all meats sold at markets or other places of business of like nature, or on the streets, or within the corporate limits of said city, and to charge an inspector's fee for each inspection in such amount as to them seems proper. Regulate meat markets. Inspection of meats. Fee. Sec. 31. Be it further enacted, That said commissioners shall have power and authority to pass ordinances and regulations in regard to milk and dairies, and other businesses of like nature, and to prescribe penalties for violation of the same. They shall also have power and authority by ordinance and regulations to establish and maintain a system of inspection of milk sold within the corporate limits of said City of Valdosta, as well as herds producing the same, and the barns, stalls, lots or other premises where the said herds are kept or maintained. Dairies. Inspection of. Sec. 32. Be it further enacted, That said commissioners shall have full power and authority to pass all by-laws and ordinances respecting public buildings and grounds, work houses, public houses, carriages, wagons, carts, drays, bicycles, automobiles, trucks, wells, springs, fire engines, or other engines, care of the poor, prevention of disorderly houses, houses of ill fame, for the prevention and punishment of disorderly conduct and conduct liable to destroy the peace and tranquillity of a citizen or citizens thereof, and pass other by-laws, resolutions and ordinances that may be necessary and proper for the security of the peace, health, order and good government of said city. General welfare. Sec. 33. Be it further enacted, That the said commissioners shall have power and authority to prescribe by ordinance penalties for all offenses against the ordinances of said city, and to punish offenders by fines not exceeding $200.00 or labor on the streets in said city, or public works of said city, or confinement in the city prison, not to exceed Page 812 ninety days. Said fines to be collected by execution issued by the clerk of the City of Valdosta against the estate, both real and personal, of the offender, if any to be found. Penalties for violation of ordinances; maximum fine and imprisonment. Sec. 34. Be it further enacted, That said commissioners shall have authority to pass ordinances and regulations preventing idleness and vagrancy within the corporate limits of said city, and to prescribe penalty for violations thereof. Vagrancy. Sec. 35. Be it further enacted, That said commissioners shall have power and authority to regulate and prevent running at large, within said City of Valdosta, animals and fowls of all kinds and description; also to impound such animals and fowls when found upon the streets of said city, and to charge such fees therefor as they may prescribe, and in addition thereto to charge for the keep of any such animal or fowls so impounded; also, when the owner or owners of any such animals are found and shall fail or refuse to pay the impounding fee and cost of keeping such impounded animal or fowl, such animal or fowl may be sold at public outcry, and the proceeds applied to the payment of said fee and cost of keeping and cost of sale, under rules and regulations prescribed by said commissioners. Animals, impoundment of. Fee. Sale when fee unpaid. Sec. 36. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of said city government, the said commissioners shall have full power and authority, and they shall provide by ordinance for the assessment, levy and collection of ad valorem tax on all real and personal property within the corporate limits of said city not exceeding one hundred cents on the one hundred dollars, exclusive of taxation for public school. Power to tax; maximum tax. Sec. 37. Be it further enacted, That said commissioners shall, at their regular meetings in March of each year, elect three freeholders, residents of said city, to be tax appraisers; said appraisers shall hold their office for one year, unless sooner removed by the commissioners. All vacancies occurring in said office by death, resignation, removal or otherwise, shall be filled by the commissioners. Said appraisers Page 813 shall, before entering upon the discharge of their duties, take and subscribe an oath to faithfully perform the duties of their office, and they shall be paid for their services such compensation as the commissioners may fix, not to exceed $75.00 each. Appraisers. Salary. Sec. 38. Be it further enacted, That it shall be the duty of every citizen residing within the corporate limits of the City of Valdosta, and of every person having or owning property therein, and they are hereby required, to make annual returns under oath, to said board of tax appraisers, within the time prescribed by said board of tax appraisers, a full and complete schedule of all their taxable property located within the said City of Valdosta, and in case any person shall refuse or fail to make such returns, or shall make a return deemed by the board of tax appraisers incorrect, said board of tax appraisers shall assess the property of such person and fix such value thereof as they may deem just and correct. A majority of such board of tax appraisers shall constitute a quorum. The clerk of the commissioners shall be clerk of the board of tax appraisers, and shall perform such duties as they may require of him. Tax returns. Penalty. Sec. 39. Be it further enacted, That it shall be the duty of such tax appraisers to scrutinize carefully each and every return, real or personal, made by any tax payer in said city, and if, in their judgment, they find the property embraced in the return, or any part of the return, to be below the market value of the property, or if the return be incomplete or incorrect, said appraisers shall assess the market value thereof and complete or correct said return within thirty days, or such other time as prescribed by the commissioners, after the time for returning the taxes shall have expired. Whenever the appraisers have raised the valuation at which the tax payer has returned his property, said appraisers shall give him written notice of their assessment, and it shall be the tax payer's privilege, if dissatisfied with the assessment, within ten days to appear before the said board of tax appraisers, under such rules and regulations Page 814 as said board of tax appraisers may prescribe, and show cause, if any he can, why said assessment should not stand. Appraisers' duties. Notice of assessment; appeal by owner. Sec. 40. Be it further enacted, That the said commissioners shall have full power and authority to require any person, firm or company, or corporation engaged in prosecuting or carrying on, or who may be engaged in, prosecuting or carrying on any trade, business, calling or vocation within the corporate limits of said city, to register their names and business, calling or vocation, annually, and to require such person, firm or company or corporation to pay for such registration and for license to engage in, prosecute or carry on such business, calling or vocation. Licenses. Sec. 41. Be it further enacted, That said commissioners shall have full power and authority by ordinance to levy and collect from itinerant traders, who may, directly or indirectly, by themselves or others, sell any goods, wares or merchandise in said city, such taxes as to them may seem proper. Itinerants. Sec. 42. Be it further enacted, That said commissioners and council shall have power and authority to pass such ordinances as they may think proper in regard to granting or not granting license to theatrical companies or performances, or for shows or other exhibitions. Theatrical companies, etc. Sec. 43. Be it further enacted, That said commissioners shall have full power and authority to assess a tax on such persons carrying on the brokerage business in said city, in addition to all other taxes they may be required to pay. They shall have power to license pawn brokers within their respective jurisdiction, to define by ordinance their powers and privileges, to impose taxes on them, to revoke their license, and generally to exercise such superintendence over pawn brokers as would insure fair dealing between and their customers. Brokers' tax. Pawn brokers; tax, license, regulation of. Page 815 Sec. 44. Be it further enacted, That it shall not be lawful for any member of said commission, or for said city manager, to be interested, either directly or indirectly, in any contract with the City of Valdosta, having for its object the public improvement of the city or any part thereof, or the expenditure of its money. Any violation of this section by the members of said commission, or any or either of them, or of said city manager, shall on conviction thereof be punished as for a misdemeanor under the Code of Georgia. Any such person so convicted shall be removed from office. Interest in contract by commissioner, a misdemeanor. Sec. 45. Be it further enacted, That there shall be a lien on all the property of said citizens or inhabitants of said city, both real and personal, situated therein, for corporate taxes assessed thereon, and for all fines and penalties assessed upon the owners thereof from the date they are assessed or imposed, which shall have a priority over all liens except liens due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of liens due the State and county. City taxes and penalties a lien on. Sec. 46. Be it further enacted, That said commissioners shall have full power and authority, by resolution or ordinance, to provide for the opening and laying out of new streets and alleys, and for the widening, straightening, or otherwise changing any of the streets and alleys of said city. Whenever, in the exercise of said power, it shall be necessary to take private property the said commissioners shall make proper compensation to the owner or owners thereof; Provided, that if said commissioners and the owner or owners, or his or their agent, can not agree as to the amount of compensation or damage to be paid, then the said commissioners shall cause to be served on the owner or owners, or his or their agent, written notice of their intention to condemn such property, which notice must describe the property sought to be condemned, the purpose for which it is said to be used, and the time and place Page 816 when the proceedings to condemn such property will be held, which shall not be less than five nor more than ten days from the date of the service of said notice. Condemnation, compensation. Proviso. Sec. 47. It shall be the duty of said commissioners to appoint one freeholder of said city, and the owner or owners of the property sought to be condemned, or his or their agent, shall appoint one freeholder; Provided, if said owner or owners, or his or their agent, shall fail or refuse to appoint such freeholders, then the commission shall appoint a second freeholder, and the freeholders appointed in either way above mentioned shall elect a third freeholder, and the three freeholders shall, after taking an oath faithfully to discharge their duties, hear all legal evidences offered by the parties and assess the amount of compensation to be paid to the owner or owners of the land, and render their award, which must be signed by at least a majority of the said assessors, and filed with the clerk of commissioners. Provided, further, that either party dissatisfied with the award of the assessors may, within four days after the same is filed, enter an appeal to the superior court of Lowndes County. The commissioners upon payment or tender to the owner or owners, or his or their agent, of the sum found by the assessors, shall have the right to proceed to open and lay out such streets or alleys or to widen, straighten or otherwise change the streets or alleys pending any appeal by the owner or owners of the property. Valuation of condemned property. Sec. 48. Be it further enacted, That said commissioners shall have full power and authority to license billiard tables and ten-pin alleys, and on all billiard tables kept or leased for the purpose of playing, gaming or renting, and on all ten-pin alleys or nine-pin alleys, or alleys of any kind which are kept or used for playing on with balls and pins, or either, or for the purpose of renting the same, and shall charge for said license, such sum of money as they may deem proper. Pool rooms, etc.; license of. Page 817 Sec. 49. Be it further enacted, That for the purpose of enabling the said commissioners to know at all times the true financial condition of the city, the city manager and clerk of the city shall prepare and read, and enter upon the minutes at the opening of each regular session, a balance sheet showing the receipts and disbursements made in the administration of said city since the date of the last report. In addition to the statement in this section required to be made, the said city manager shall furnish to each commissioner a weekly written report or statement of his actings and doings in connection with the administration of the affairs of said city. Financial statement of. In addition, weekly report of city manager. Sec. 50. Be it further enacted, That the said city manager and the said city clerk at the close of each fiscal year shall make a full tabular statement of the receipts and revenues of the city for the past year, together with a statement of the amount of money disbursed in the administration of the city's affairs, with the purpose for which the said several amounts were expended. Yearly report of receipts, revenues and disbursements. Sec. 51. Be it further enacted, That said commission shall have authority to employ an expert accountant or accountants to inspect the books of any officer or employee of said city at any time they see fit to do so, and to pay for the service of such accountant or accountants so employed such amount or amounts as to them seems proper. Accountant. Sec. 52. Be it further enacted, That the said commissioners shall have power and authority to compel all persons residing within said city, who may be subject to road duty, to work on the streets and walks of said city for a space not exceeding ten days in each year, but may receive in lieu of said work a commutation fee from such person not to exceed $5.00, and the said commissioners shall also have the power and authority to provide suitable ordinances for the punishment of such defaulters as the road commissioner of this State now has; Provided, that no defaulter shall have the right to relieve himself of any fine or penalty imposed Page 818 for his failures to perform street duty after being returned as such defaulters, without the consent of said commissioners. To work roads: commutation fee. Proviso. Sec. 53. Be it further enacted, That no person shall be eligible to the office of commissioner under this Act who is not eligible as a voter at the election held to select such commissioner and any officer of said municipal corporation who shall be guilty of malpractice or abuse of powers confided to him, shall be subject to indictment in the superior court as provided by the general laws of the State of Georgia. Eligibility for commission; malpractice, indictment. Sec. 54. Be it further enacted, That all sale of real property shall be made under the same rules and regulations as now control sheriff's sale of real estate in this State, whether made by the marshal of the city or sheriff of the county, and the deed from either of the aforesaid officers made in accordance with such sale shall pass the title to the purchases that existed in the defendant; Provided, that all sales for the collection of taxes shall be made subject to the right of the owner to redeem the property sold, as provided in Sections 880, 1169, 1170, 1171 and 1172 of the Code of Georgia of 1910. Claims or illegalities may be interposed to such sales under the same rules and regulations as now exist or may hereafter exist for the interposition of claims in the superior court of this State, and all such claims and illegalities are to be returned to the superior court of the county in which said real property is located, and the issue made thereby tried as the law directs for the trial of claims and illegalities. Sales by marshal and sheriff. Tax sales, right to redeem. Claims of illegalities, returnable to. Sec. 55. Be it further enacted, That said commissioners shall each receive the sum of three hundred dollars per year as compensation for their services, payable after such services are rendered; Provided, however, if any commissioner or commissioners shall have been absent at any regular or called meeting there shall be deducted from the said sum of three hundred dollars, a sum equal to the sum of fifteen Page 819 dollars per meeting for such number of meetings as said commissioner was absent. Salary. Proviso. Sec. 56. Be it further enacted, That said commissioners shall have power and authority, by ordinance or resolution, to protect places of divine worship; to provide a cemetery or cemeteries for the burial of the dead, either within or without the city; to regulate interments therein, and to expend annually an amount sufficient for the proper keeping of said cemetery or cemeteries, but white and colored people shall not be buried in the same cemetery. Churches, cemeteries, etc. Sec. 57. Be it further enacted, That said commissioners shall have full power and authority to establish, maintain and operate a complete system of sanitary sewerage and drainage in and around said city, and to acquire any property or rights, either within or without said city necessary and appropriate for carrying this provision of this Act into effect with the right to drain any and all lots, tracts or parcels of land in and immediately around said city, including the right to dig, cut, construct and maintain ditches, canals, and drainage pipes through such property, or through any other lot, tract or parcel of land that it may be necessary to do in order to procure or accomplish such drainage, whether such lands be within or without said city, and in all cases where it becomes necessary to take or use private property or injure private rights, and the said commissioners and the owner or owners can not agree as to the amount of compensation or damage to be paid, the same shall be assessed as provided in Section 46 to 47, inclusive, of this charter. Sewerage and drainage. Sec. 58. Be it further enacted, That said commissioners shall have full power and authority to assess by ordinance or resolution duly passed in open session and meeting, two-thirds of the cost of digging, cutting and constructing ditches, canals or drainage pipes for the purpose of draining any lands in said city against the land immediately and directly drained and benefited by such ditch, canal or drainage Page 820 pipe so dug, cut or constructed, and against the owners thereof; said assessment to be prorated according to the amount of land drained, the benefit accruing therefrom, and all other facts and circumstances connected therewith, and the same shall become a judgment against the land and the owner thereof, and a lien against the land assessed from the date of the passage of said ordinance or resolution, and should the owner of such land fail or refuse to pay the amount assessed against such land within thirty days from the date of the assessment, the same shall be collected by execution issued by the clerk against the real estate so assessed and against the owner at the date of the assessment, said execution to be levied by the marshal or chief of police of said city upon such real estate, and same shall be advertised and sold as provided for in cases of sales for taxes; Provided, however, that the defendant or owner of such land shall have the right to file his affidavit of illegality with such levying officer, in which he shall have the right to set up and take advantage of any and all defenses to which he may have a right under the law, said illegality to be returned to the superior court of Lowndes County, to be tried as other cases of illegality; and, provided, further, that in all cases where, under Section 57 of this charter, damages have been awarded to the owner of any land thus assessed, the said commissioners shall allow the amount of said damage as a set-off against such assessment, or same may be taken advantage of in said affidavit of illegality; and, provided, further, that in all cases where no defense is interposed the owner of property sold shall have the right to redeem the property as provided in Section 54 of this Act in case of sales for taxes. Assessing cost of drainage. Assessment a lien. Execution. Proviso. Claim of illegality. Sec. 59. Be it further enacted, That said commissioners shall have full power and absolute control of all of said pipes, sewers, private drains, water-closets, and privy vaults in said city, with full power, by ordinance, to prescribe their location, structure, use and preservation, and to make such regulations concerning them in all particulars Page 821 as may seem best for the preservation of the health of the inhabitants of said city. The said commissioners shall have full power and authority, by ordinance, to prescribe the kind of water-closets and urinals to be used within the corporate limits of said city, and shall have power and authority, by ordinance or resolution, to condemn and destroy any waterclosets or urinals now in use, or that may hereafter be erected and put in use, which do not conform to and are not the kind prescribed for use by said commissioners. They shall have power and authority, by ordinance, to compel all property owners to connect water-closets and urinals on the premises of such property owners with the sanitary sewers of said city, when such property is located on or near the streets where there are sanitary sewers, and such rules and regulations as may be prescribed by said commissioners, and such property owner who fails to connect any water-closet or urinal on the premises of such owner with the sanitary sewers within the time prescribed by ordinance or resolution of the commissioners the city manager may make such connections and provide all necessary fixtures, and such commissioners may assess the cost of said connections and fixtures against the real estate of said property owner. They shall have power and authority, by ordinance, to enforce the collection of said costs of such connection and fixtures by execution issued by the clerk, as provided in Section 58 of this Charter, against said real estate, and said execution may be enforced in the manner provided in Section 58 of this charter. The lien of said execution shall be superior to all other liens except liens for taxes and liens for paving streets or sidewalks of said city. Sewerage. Sec. 60. Be it further enacted, That said commissioner shall have power and authority to establish a system of waterworks and electric lights for said city, and direct the operation of the same by the city manager, and they shall have power and authority to acquire any property rights within or without the city limits necessary to operate Page 822 electric lights, and necessary for affording a complete and sufficient supply of pure water for said city, and for bringing the water and distributing it in said city. And whenever it becomes necessary to take or use private property, or private rights, and the city authorities and the owner or owners thereof can not agree as to the amount of compensation or damages to be paid, the said compensation or damages shall be assessed as provided in Sections 46 and 47 of this charter. Water and light. Condemnation. Sec. 61. Be it further enacted, That said commissioners shall have power to make rules and regulations respecting the introduction of water in or upon the premises, and from time to time regulate the use thereof in such manner as shall seem to them proper, and the city manager, or any superintendent or inspector appointed by him, is hereby authorized and empowered to enter at all reasonable hours any dwelling or other place where said water is taken and used, and where unnecessary waste thereof is found, to inspect, examine and inquire as to the cause thereof. The said commissioners shall also have power to provide, by ordinance or resolution, for the examination of all service pipes, stop cocks and other apparatus connected with said water system for the purpose of ascertaining whether same are of the character and dimensions and fixed in the manner directed in the permits issued therefor, and if any person or persons refuse to permit such examination, or oppose or obstruct such officer in the performance of his duty, he, she or they so offending shall be liable to such damage as said commissioners may prescribe, not inconsistent with this charter. Use of water, regulation. Sec. 62. Be it further enacted, That the said commissioners shall have power, by ordinance or resolution, to regulate the distribution and use of water in all places and for all purposes where the same may be required, and from time to time shall fix the price for the use thereof, and the time of payment, and may erect such number of public hydrants Page 823 and in such places as they see fit, directing in what manner and for what purpose they shall be used, all of which they may do at their discretion. They shall have power and authority to require the payment in advance for the use and rent of water furnished by the city in or upon any building, place or premises, and in case prompt payment shall not be made they may shut off the water from such place, building or premises, and such water shall not be restored to such place, building or premises until said arrears, with interest thereon, shall be paid, and it shall be the duty of said city manager to carry out and enforce all rules and regulations promulgated by said commissioners. Price of water. Payment of water bills in advance. Sec. 63. Be it further enacted, That if any person or persons shall maliciously or wrongfully divert the water or any portion thereof from said waterworks, or shall corrupt or render the same impure, or shall destroy or injure any canal, aqueduct, public conduit, machinery or other property used or required for procuring or distributing said water, such person or persons, their aiders and abettors, shall forfeit to the said commissioners, to be recovered in an action for damages treble the cost of damages (besides the cost of suit) which shall appeal on trial to have been sustained, and all such Acts are hereby declared to be misdemeanors, and the parties found guilty thereof may be further punished as for misdemeanor under the Code of Georgia. Tampering with water, damages, fine, etc. Sec. 64. Be it further enacted, That said commissioners shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve, trestle and bridge the sidewalks, streets, public lanes and alleys of said city, and to provide by suitable ordinance or resolution for such work. Streets. Sec. 65. The said commissioners shall have power and authority to assess two-thirds of the cost of paving and otherwise improving the sidewalks, including the necessary Page 824 curbing, on the real estate abutting on the street and on the side of the street on which the said sidewalks are improved. Assessments of two-thirds costs. Sec. 66. The said commissioners shall have full power and authority, by proper resolution or ordinance, to assess one-third of the cost of paving, grading, macadamizing, constructing side drains, cross drains, crossings, and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved. The real estate abutting on each side shall pay two-thirds of the entire cost, and any street railroad company, or other railroad company, having tracks running through or across the streets of said city, shall be required to pave, macadamize or otherwise improve said streets in such proportion as the commissioners may, by resolution or ordinance, prescribe. Assessing abutting owners. Railroads and street car companies. Sec. 67. The said commissioners shall have full power and authority to adopt, by ordinance, such a system of equalizing assessments on real estate for the above purposes for the amounts set forth as may be just and proper, estimating the total cost of each improvement made and prorate the cost thereof on real estate, according to its frontage on the street, or portion of the street improved, and the amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Manner of assessment. Sec. 68. Said commissioners shall have full power and authority to provide, by ordinance or resolution, for the enforcement and collection of the amount of any assessment so made for work, either upon the streets or sidewalks by execution issued by the clerk of the said city against the real estate so assessed, and against the owner thereof 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 and Page 825 other proceedings, as in the cases of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall pass title to the purchaser; Provided, that defendant shall have the right to file his affidavit tendering the whole or a part of the amount for which execution is given, and stating the amount which he admits to be due, which amount, with all costs, shall be paid and collected before the affidavit be received for the balance, and the affidavit shall be returned to the superior court of Lowndes County, and there be tried, and shall be determined as in cases of illegality, subject to all the penalties provided as in cases of illegality filed for delay, and, provided, further, that in all cases of sales without contest or illegality the owner shall have the right of redemption of said property as provided in Sections 880, 1169, 1170, 1171 and 1172 of the Code of Georgia of 1910. Enforcing assessments. Sec. 69. The said commissioners shall have power and authority, by ordinance, to provide for paving the whole surface of the street without giving any street railroad company or other property holder or occupant of the street, the option of having the space to be paved by it paved by itself, or by a contract at its instance, the object being to prevent delay and the securing of uniformity in the pavement. Paving streets, etc. Sec. 70. The lien for assessment upon abutting property and street railroad companies, or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading, draining, shall have rank and priority of payment next in point of dignity to lien for taxes, such lien to date from the passage of ordinances authorizing the execution of the work in such case. Priority of lien for assessment over all but city taxes. Sec. 71. Be it further enacted, That said commissioners shall have authority to prescribe, by ordinance, such other rules as the said commissioners in their discretion may deem necessary to grade, pave, drain, macadamize, or curb the streets and alley-ways of said city; to enforce by execution Page 826 the cost thereof against adjacent property owners and railroad companies; to provide how the owners thereof shall be served with notice by personal service or by publication. Sec. 72. Be it further enacted, That all executions issued against property owners for paving, grading, macadamizing, constructing side drains, cross drains and crossings, and otherwise improving the roadway or street proper, or sidewalks of said city, as above provided, shall be issued by the clerk of said City of Valdosta, bearing test in the name of the mayor of said city, and shall be directed to the marshal or chief of police of said city, and to all and singular the sheriffs and their deputies of the State of Georgia. Executions. Sec. 73. Be it further enacted, That in addition to the method of paving, grading and macadamizing the streets and sidewalks of said city, and the rights and powers of said commissioners with respect thereto hereinbefore provided, said commissioners shall have such additional power and authority to establish and change the grades of streets, avenues, lanes and alleys and other public places in said city, and to improve the same by paving, macadamizing and draining the same, as are conferred upon said City of Valdosta, and the Mayor and Council of the City of Valdosta by an Act approved by the Legislature of Georgia on the 6th day of August, 1921, and appearing in the published Acts of the Legislature of Georgia of 1921, at pages 1106 to 1119 inclusive; Provided, that all of the Acts, resolutions, ordinances and proceedings therein set forth and required of the Mayor and Council of the City of Valdosta shall be performed by the commissioners of said city. change grade. Sec. 74. Be it further enacted, That said commissioners shall have full power and authority, in their discretion, to establish and put in operation and maintain a board of health and to pass all ordinances and regulations prescribing penalties for violation of the same, necessary for the purpose of establishing and maintaining said board of health, and to pass ordinances and regulations to prevent Page 827 the spread of any infectious or contagious diseases; also to enforce an ordinance to compel vaccination of all persons within the corporate limits of said city, also to isolate any person or persons afflicted with any infectious disease by confining such person or persons within premises provided by the city manager, either within or without the corporate limits of said city; also to isolate any person or persons exposed to any infectious or contagious disease during the period of incubation of such disease, by confining such person or persons during such period within or without the corporate limits of said city; Provided, that no person or persons shall be so isolated who are able and willing to pay the hire of proper persons to be selected by the city manager to guard the premises in which they are, so as to prevent ingress and egress into said premises during the time in which there is any probability of the spread of any contagious or infectious disease from such persons. Board of health. Vaccination compulsory. Proviso. Sec. 75. Be it further enacted, That said commissioners shall have power and authority to establish, erect, or maintain, or establish, erect and maintain, a charity hospital in said city; to provide for the election of a board of trustees, and the proper government of said hospital and to do any and all things necessary to carry this section of this Act into effect. Charity hospital. Sec. 76. Be it further enacted, That said commissioners shall be authorized and are hereby authorized, to assess, levy, and collect an ad valorem tax of one-third of one mill on all taxable property within the corporate limits of said city, in addition to all other taxes now assessed and levied by said city, for the establishment, erection and maintenance of said hospital, same to be assessed, levied and collected as other taxes. Maintenance of hospital. Sec. 77. Be it further enacted, That the said commissioners shall have power and authority to purchase, improve and maintain a public amusement park, either within or without the City of Valdosta. Public parks. Page 828 Sec. 78. Be it further enacted, That the said City of Valdosta, by and through the commissioners thereof, shall have the power and authority to issue and sell its bonds in an amount not exceeding the total sum of seventy thousand dollars, to defray the expense incurred, or to be incurred, in 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. Bonds. Proviso. Sec. 79. Be it further enacted, That the said commissioners shall have power and authority 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 thereon, as such bonds or the interest thereon become due, or to raise a sinking fund therefor. Levy of ad valorem tax yearly to pay bonds. Sec. 80. Be it further enacted, That the said City of Valdosta be and the same is hereby authorized to erect, build and maintain a public assembly hall in said city, and to acquire the necessary site therefor, and that said City of Valdosta, by and through its commissioners, shall have power and authority to issue and sell its bonds necessary to bear the expenses incurred or to be incurred in erecting, building and maintaining such assembly hall and the purchase of the site therefor; Provided, that no such bonds shall be issued or sold without first complying with the provisions in the Constitution and laws of the State of Georgia applicable to such cases. Public hall. Bonds. Proviso. Sec. 81. Be it further enacted, That the said City of Valdosta, by and through its commissioners, shall have power and authority to levy and collect annually an ad valorem tax not to exceed one-tenth of one per centum on all real and personal property subject to taxation in the Page 829 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 thereon, as such bonds or the interest thereon become due, or to raise and provide a necessary sinking fund therefor; but the power to levy such taxes shall be good and valid only upon condition that the bonds be authorized, issued and sold as provided in the next preceding section. Tax, in addition to that in Sec. 79. Sinking fund. Condition. Sec. 82. Be it further enacted, That the city manager shall have power and authority to inspect all buildings and walls located in said City of Valdosta, and to report the result of his investigation to the commissioners of said City of Valdosta, with recommendation regarding the same; and the said commissioners shall have power and authority to execute in a summary manner the recommendation of the said city manager at the expense of the owner of said building or wall, or the owner of the lot upon which the same may be located. Should the said owner after fifteen days' notice fail or refuse to remove the objection reported by the city manager, and as recommended by him, said commissioners shall have power and authority by ordinance or resolution, to cause said objection to be removed at the expense of the owner of said building, or said lot, which expense shall be collected by the issuance of an execution against the owner of said lot as hereinbefore provided with reference to paving streets and alleys. Inspecting buildings. Penalty for failure to remove. Sec. 83. Be it further enacted, That said commissioners shall have power and authority to establish a fee-bill for the officers of said city, not higher than the fees allowed the county officers, nor lower than those allowed justices of the peace and constables of this State. The said commissioners shall have power and authority, in their discretion, to allow said fees to the officers of said city, or place the same in the treasury of the city. Fee bill. Sec. 84. Be it further enacted, That said commissioners shall have power and authority to create and maintain a Page 830 fire department which will be under the control and direction of the city manager. Fire department. Sec. 85. Be it further enacted, That said commissioners shall have power and authority to establish and maintain a fire limit, in their discretion, and it shall be unlawful for any person or persons to erect other than fire-proof buildings, or other structures or whatever kind other than fire-proof. Should anyone erect or cause to be erected, within the fire limits established by the commissioners, any house or other things other than fire-proof buildings, said commissioners may cause the same to be removed after five days' notice, at the expense of the owner or owners of such building or buildings. The expense of such removal shall be collected by execution issued by the clerk of the City of Valdosta in the same manner that other executions are issued by him. Fire-proof buildings required; failure to comply, penalty. Sec. 86. Be it further enacted, That on the second Wednesday in November, 1923, an election shall be held in said City of Valdosta, submitting to the qualified voters of said city the question of the adoption of the provisions of this Act. The Mayor and Council of the City of Valdosta shall appoint the managers and clerk for holding said election and shall make all usual and necessary provisions for holding said election. The polling place or places for said election shall be at the county courthouse in said City of Valdosta, and the mayor and council shall provide as many polling places at said county courthouse as may be deemed expedient. The expense of holding such election shall be borne by the City of Valdosta, and provision for paying the same shall be made by the mayor and city council. Said election, except as herein otherwise provided, shall be held under such rules and regulations as have heretofore been fixed by law, and as now exists for holding of general elections in said city, and the qualification of voters in said election, as to residence, registration and other requirements, shall be the same as that heretofore fixed by law, Page 831 and as now exists for voting in any general city election in said city. Those favoring the adoption of this Act will have written or printed on their ballots, For Commission-City Manager Form of Government, and those opposing the adoption of this Act shall have written or printed on their ballots, Against Commission-City Manager Form of Government. After the polls shall be closed, the said managers, on the evening of said election shall publicly count and consolidate the votes cast at said election, and on the day succeeding said election, at the hour of 4 o'clock P.M., the said managers shall make return of said election under their hands and seals to the said Mayor and Council of the City of Valdosta at a special meeting of the said mayor and council, which shall at that time be held. The return of said managers shall show the number of votes cast for the adoption of the provisions of this Act, and the number of votes against the adoption of this Act. If 58 per cent. or more of the votes cast in said election be For Commission-City Manager Form of Government, then all the provisions of this Act shall be of full force and effect in said city thereafter, and declaration of such fact shall be made by the mayor and council, by resolution duly entered on their minutes. If more than 42 per cent. of the votes cast in said election be Against Commission-City Manager Form of Government, the provisions of this Act shall be considered and held of no effect, and the Act approved November 21, 1901, incorporating said City of Valdosta, and all Acts amendatory thereof, not heretofore repealed, shall stand as the charter and laws of said City of Valdosta, unaffected by the provisions of this Act. Provided, however, that should the Mayor and Council of the City of Valdosta fail or refuse to call, and cause to be held, the election aforesaid, or should the said mayor and council fail or refuse to hold a meeting on the day next succeeding said election, as herein provided, then and in that event this Act shall be deemed to have been ratified, and shall go into effect at 4 o'clock P. M. on the day next succeeding the second Wednesday in November, 1923. Election to adopt this Act. Ballots. Fifty-eight per cent. of votes cast required to pass Act. Proviso. Page 832 Sec. 87. Be it further enacted, That if any section, or part of any section, in this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid or unconstitutional such judgment or decree shall not be held to invalidate or impair the validity, force, or effect of any other section or part of section of this Act, but shall be confined in its operation to the section, or part of section, directly involved in the controversy, and on which judgment shall have been rendered. Any section unconstitutional. Sec. 88. Be 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, 1923. VALDOSTA TERRITORIAL LIMITS EXTENDED. No. 486. An Act to amend the charter of the City of Valdosta, Acts 1901, page 670 et sequa, and Acts amendatory thereof, so as to extend the present boundaries of said City of Valdosta to include what is known as the fair grounds property, and for other purposes. Section 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 Valdosta granted by the General Assembly of the State of Georgia as provided in Acts 1901, page 670 et sequa, as amended, be and the same is hereby amended so as to extend the present boundaries of said city and to incorporate therein the following additional tract or parcel of land, to wit: Act of 1901 amended. All that tract or parcel of land beginning on the east side of the Valdosta and Milltown public road at a point fifty-two hundred eighty (5280) feet from city block number 15, Page 833 known as the courthouse block, in the City of Valdosta, and running along the east side of the said Valdosta and Milltown public road north 17 degrees, 45 minutes west a distance of sixteen hundred (1600) feet to the property now owned by H. D. Jones, thence east 1 degree and 30 minutes north nine hundred sixty-five (965) feet to the right-of-way of the Georgia Florida Railroad, thence south 14 degrees, 40 minutes west along the west side of the Georgia Florida Railroad right-of-way twenty-three hundred (2300) feet to where said railroad right-of-way intersects the present boundary of the said City of Valdosta, thence in a northwesterly direction along the present boundary line of the said City of Valdosta to the starting point. Limits extended. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of law in conflict herewith be and the same are hereby repealed. Approved August 18, 1923. VIENNA, CITY OF; REGISTRATION OF VOTERS. No. 478. An Act to amend an Act approved August 16, 1915, incorporating the City of Vienna, and for other purposes, by providing for the permanent registration of qualified voters of City of Vienna. 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 that section twenty of the Act approved August 16, 1915, incorporating the City of Vienna be and the same hereby is amended by commencing at the end of said section twenty and adding thereto the following words, to wit: Act of 1915 amended. Page 834 And the registration of such person shall be permanent and it shall not thereafter be necessary for such person to register a second time so long as said registered voter shall pay all taxes due to the City of Vienna. Registration permanent. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same hereby are repealed. Approved August 18, 1923. WARRENTON CHARTER AMENDED. No. 383. An Act to amend an Act entitled An Act to incorporate the Town of Warrenton, in Warren County, and to provide for election of commissioners for the same, and to amend the charter of the City of Atlanta, and for other purposes therein mentioned; approved December the 12th, 1859, and various Acts amendatory thereof, so as to authorize the Mayor and Council of the City of Warrenton to condemn private and corporate property for laying out, opening, widening, straightening out, or in any way changing the streets, sidewalks, alleys, parks and squares of the City of Warrenton, and to authorize the Mayor and Council of the City of Warrenton to collect from the owner of any premises in the City of Warrenton for each water closet or privy located thereon, a sanitary tax each year not to exceed five dollars in the discretion of 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 the authority of the same, That from and after the passage of this Act the Act incorporating the Town of Warrenton, in Warren County, and providing for the election of commissioners for the same, and to amend the charter of the Page 835 City of Atlanta, and for other purposes therein mentioned, approved December the 12th, 1859, and the various Acts amendatory thereof, be so amended that the Mayor and Council of the City of Warrenton shall have full power and authority to lay out, open, widen, straighten or otherwise change and alter the streets, sidewalks, alleys, squares and parks within the corporate limits of said city, and to alter or establish the same for said city. Act of 1859 amended. Sec. 2. Be it further enacted by the authority aforesaid, That the right to condemn, take and damage private and corporate property within the corporate limits of said City of Warrenton for laying out, opening, widening, straightening or otherwise changing or altering the streets, sidewalks, alleys, squares and parks within the corporate limits of the City of Warrenton is hereby expressly delegated to and conferred upon the Mayor and Council of the City of Warrenton under the doctrine of eminent domain, upon just and adequate compensation being first paid or tendered for property so taken or damaged to the owner thereof. Right to condemn conferred. Sec. 3. Be it further enacted by the authority aforesaid, That just and adequate compensation for property taken or damaged by said City of Warrenton for public uses under and by virtue of this Act shall be ascertained, fixed and determined under and by virtue of the rules of law now in force in this State as embraced in sections 5206 to 5246 inclusive of the Code of the State of Georgia, 1910. Compensation. Sec. 4. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Warrenton are hereby authorized and empowered to levy and collect from the owner of any premises in the City of Warrenton, for each water closet or privy located thereon, a sanitary tax for each year not to exceed five dollars in the discretion of the mayor and council. Sanitary tax. Page 836 Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1923. WASHINGTON, TOWN OF; CHARTER AMENDMENT; ELECTION TO RATIFY. No. 161. An Act to amend an Act entitled An Act to provide a new charter for the Town of Washington, Georgia, and for the repeal of conflicting laws, and for other purposes, approved December 17, 1894, and the Acts amendatory thereof, so as to provide a salary of fifty dollars per month for the mayor and salaries of twenty-five dollars per annum for each of the councilmen, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 6 of the above described Act as amended by the Act approved November 29, 1897, be and the same is hereby amended by striking out all of said section after the period at the end of the first sentence thereof, and inserting in lieu thereof the following: The mayor shall receive a salary of fifty dollars per month and each of the councilmen shall receive a salary of twenty-five dollars per annum to be paid out of the city treasury at such times as the mayor and council shall by ordinance provide; and both mayor and councilmen shall be exempt from street tax during the continuance of their official terms, so that said section when amended shall read as follows: Acts of 1894-97 amended. Sec. 6. Any freeholder of Washington, Georgia, who is qualified to vote for mayor and councilmen shall be eligible to hold either office. The mayor shall receive a salary of Page 837 fifty dollars per month, and each of the councilmen shall receive a salary of twenty-five dollars per annum to be paid out of the city treasury at such times as the mayor and council shall by ordinance provide, and both mayor and councilmen shall be exempt from street tax during the continuance of their official terms. To read. Salaries; how paid. Sec. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into effect until the same are ratified by the majority of the voters at an election to be called by the mayor of said city after thirty days' notice of same in the newspaper in which the official notices of the sheriff of Wilkes County are published. The ballots to be voted in said election shall have written or printed thereon the words, For Adoption of Amendment to Charter, or Against Adoption of Amendment to Charter, and if a majority of the votes polled shall be for adoption of the amendment, then this Act shall take effect, otherwise not. Election to approve 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 July 31, 1923. WAYCROSS, CITY OF; ELECTION TO INCREASE SCHOOL TAX. No. 483. An Act to amend the Act approved July 29, 1919, and the Act approved August 15, 1921, which said Acts amend the Act of October 22, 1887, as amended by the Act of December 26, 1888, creating a public school system for the City of Waycross, by amending section 1 of the Act approved July 29, 1919, and also section 1 of the Act approved August 15, 1921, so as to fix the limit of taxation in the City of Waycross for school purposes at Page 838 ten mills instead of six mills as provided in said Act, and provide for the submission of this Act allowing the increase in tax rate for school purposes to the qualified voters of the City of Waycross at a special election to be held on some date to be designated by the commission of the City of Waycross as provided in article 8, section 4, paragraph 1 of the Constitution of Georgia; and to give to the board of education the right and authority to fix the rate of taxation in the City of Waycross for school purposes not to exceed ten mills. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act approved July 29, 1919, which amended the Act of October 22, 1887, as amended by the Act of December 26, 1888, creating a public school system for the City of Waycross be and the same is hereby amended by striking out all of section 1 of said Act approved July 29, 1919, and inserting in lieu thereof the following: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of October 22, 1887, as amended by the Act of December 26, 1888, creating a public school system in the City of Waycross, as amended by the Act approved July 29, 1919, be and the same is hereby further amended so as to fix the limit of taxation in the City of Waycross for school purposes at ten mills; and that section 1 of the Act of October 22, 1887, and section 7 of the Act of December 26, 1888, and section 1 of the Act of July 29, 1919, be and the same are hereby amended, fixing the limit of taxation at ten mills instead of six mills, so that when said sections are amended they shall read as follows: That the Commission of the City of Waycross, Ware County, Georgia, is hereby authorized and required to levy a tax annually in addition to that now authorized by law for other purposes not to exceed ten mills on all the real and personal property of said city for the purpose of maintaining public schools in and for said City of Waycross; Provided, the sum so raised shall Page 839 be used only for the purpose of maintaining and operating the public schools in the City of Waycross. Act of 1887 as amended, amended. To read. Tax for schools. Sec. 2. Be it further enacted by the authority aforesaid, That the Act approved August 15, 1921, which amended the Act of October 22, 1887, as amended by the Act of December 26, 1888, as further amended by the Act of July 29, 1919, creating a public school system in the City of Waycross be and the same is hereby amended by striking out the words six mills wherever they occur in said Act and inserting in lieu thereof the words ten mills, and by striking out the words mayor and council of said city, wherever they appear in said Act and inserting in lieu thereof Commission of the City of Waycross, so as to fix the limit of taxation in the City of Waycross for school purposes at ten mills instead of six mills. Six mill tax increased to ten mills. Sec. 3. Be it further enacted by the authority aforesaid, That this Act shall be submitted to the qualified voters of the City of Waycross for their approval, for which purpose the City Commission of the City of Waycross shall order a special election to be held on some date to be designated by said commission in a resolution or ordinance of the Commission of the City of Waycross, which said resolution or ordinance shall set forth the rate of taxation now in force and the rate of the proposed increase, the date of the proposed election and the rules and regulations governing same and the qualification of voters. Notice of such election shall be published in a newspaper in said City of Waycross at least once a week for two weeks before the election. At said election those in favor of the approval of this Act shall have written or printed on their tickets: For increased taxation for public school purposes, and those against this Act and of the approval of same shall have written or printed on their tickets: Against increased taxation for public school purposes. The managers of said special election shall make return to the Commission of the City of Waycross, whose duty it shall be, at their first regular meeting thereafter, to open the same, Page 840 to declare the result, and record the same in the book of their proceedings, and if two-thirds of those voting at said election as provided in the Constitution of Georgia, shall be in favor of the increased taxation, then this Act shall become operative, and said Commission of the City of Waycross and the Board of Education of the City of Waycross shall proceed to carry out their respective duties under same. Should this Act as amended fail of adoption, said Commission of the City of Waycross shall submit the same to another election after the lapse of twelve months from the first election. Election to approve proposed Act. Ballots. Second election, when. Sec. 4. Be it further enacted by the authority aforesaid, That all provisions of law as provided in the Act of October 22, 1887, as amended by the Act of December 26, 1888, as amended by the Act of July 29, 1919, as further amended by the Act approved August 15, 1921, and other Acts amendatory thereof, shall be and remain in full force and effect, except such provisions as are repealed or specifically amended by this Act. Provisions not amended or repealed remain effective. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 14, 1923. WRIGHTSVILLE, CITY OF; NEW CHAPTER FOR. No. 571. An Act to amend, consolidate and supersede the several Acts incorporating the City of Wrightsville, in the County of Johnson; to create a new charter and a municipal government for said city; to prescribe its boundaries, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the Page 841 same, That the municipal government of the City of Wrightsville shall consist of a mayor and six councilmen who are hereby constituted a body corporate under the name and style of The Mayor and Council of Wrightsville, and by that name are hereby made a body corporate; as such they shall have perpetual succession, shall have a common seal, make contracts, hold, possess, by purchase or gift, and shall have the right to purchase and sell for the use of said city real estate and personl property and to sue and be sued. Mayor and council of, powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the City of Wrightsville shall extend three-fourths of a mile in every direction from the center of the courthouse, in the County of Johnson, State of Georgia, as it is now situated. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That the officers of said City of Wrightsville shall comprise a mayor and six councilmen; the mayor to hold office for the term of one year and until his successor is elected and qualified; the councilmen to hold their office for the term of two years and until their successors are elected and qualified; Provided, however, that at the first election held in and for said city hereafter, there shall be three councilmen elected for the term of two years from the first Wednesday in January, 1924, and the remaining three councilmen shall hold their office for which they have already been elected until the first Wednesday in January, 1925, so that there shall be elected a mayor and three councilmen each year. Terms of offices. Proviso. Sec. 4. Be it further enacted by the authority aforesaid, That an election shall be held at the courthouse in the City of Wrightsville on the first Tuesday in December, next, and annually thereafter for a mayor and three councilmen, the mayor to hold office for one year and until his successor is elected and qualified, and the councilmen for the term of two years and until their successors are elected and qualified, it being the purpose of this Act to provide Page 842 a mayor and six councilmen, the mayor to hold office for one year and the councilmen for two years; that said election shall be open at eight o'clock a. m. and close at four o'clock p. m., same to be held under the superintendence of a justice of the peace and two freeholders in said city or by three freeholders in said city under the forms, rules and regulations prescribed by law for the election of members of the General Assembly of said State insofar as they are applicable to such elections, and do not conflict with the rules herein prescribed. Election. Sec. 5. Be it further enacted by the authority aforesaid, That the person or persons who shall receive the highest number of votes at said election for mayor and councilmen, respectively, shall be declared duly elected and it shall be the duty of the superintendents of election to declare the results of said election, and shall issue certificates of election to such persons receiving the highest number of legal votes polled which officers shall qualify on the first Wednesday in January, next after said election, or so soon as is practicable thereafter, by taking an oath before some officer authorized to administer oaths in said State, to well and truly perform the duties of their respective offices as mayor and councilmen, during their continuance therein, which oath, with the list of voters and tally sheet and certificate of election given by said superintendents, shall be entered of record on the minutes of said council and the original filed in the office of the clerk of council. Oath of office. Sec. 6. Be it further enacted by the authority aforesaid, That all citizens qualified to vote for the members of the General Assembly of Georgia, who shall have paid all taxes, fines, assessments and legal demands by the authority of said city, and shall have bona fide resided six months within the jurisdiction of said city, and shall have duly registered and had their names placing upon the voters' list of said city shall be qualified to vote in said election. Qualified voters. Sec. 7. Be it further enacted by the authority aforesaid, That the Mayor and Council of Wrightsville shall Page 843 cause the clerk of council to register the names of all voters who are qualified to vote under this charter, and under the laws of this State for municipal officers of the City of Wrightsville; and shall cause said clerk to provide a suitable book in which to register said qualified voters and said clerk shall give notice in the newspaper of said city at least thirty days preceding the election, that his books are open for the registration of voters who are qualified to vote for municipal officers, which said book shall be closed at least ten days before the election, after which it shall be the duty of the clerk to submit said registration to the Mayor and Council of Wrightsville, whose duty it shall be to purge said registration and prepare and furnish to the superintendents of election voters' list containing all of the legally registered qualified voters of said city, and only those whose names appear on said list shall be qualified to vote at said election. That said registration book shall be known as the permanent registration book and the electors who 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 Mayor and Council of Wrightsville. And such electors shall in all cases be entitled to receive the same notice and have the same right as now given under the general laws of this State, under the permanent registration law; Provided, that no person shall remain registered longer than he retains the qualifications under which he registered; that the clerk of the council shall submit said registration books annually to the Mayor and Council of Wrightsville for the purpose of preparing and furnishing a voters' list containing all the names of all voters or electors qualified and entitled to vote at such election. Registration of voters, book, notice, etc. Proviso. Sec. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of all persons to register to apply to the clerk in person and to furnish evidence of their qualifications for registration, and in case the clerk is not satisfied as to the qualifications of the applicant he may require the following oath or affirmation: I do solemnly Page 844 swear that I am a duly qualified voter for members of the General Assembly of Georgia for the County of Johnson; that I have paid all taxes, fines, forfeitures and all assessments legally imposed upon me by the City of Wrightsville and that I bona fide will have resided within the City of Wrightsville six months prior to this election, so help me God. The clerk of said city is hereby authorized to administer said oath, and shall keep a record of the same upon the registration book and may refuse to register such persons as may decline to take the oath aforesaid. Personal application. Oath. Sec. 9. Be it further enacted by the authority aforesaid, That any person voting illegally in any municipal primary or election of the City of Wrightsville, or falsely swearing in order to register or otherwise violating any of the provisions of this Act, shall on conviction be punished as prescribed in section 1065 of volume 6 of the Code of Georgia of 1910. Illegal voting, punishment. Sec. 10. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of mayor or councilman by death, resignation or otherwise, an election to fill said vacancy shall be ordered by said council, to take place at such time as may be specified in said order, after public notice of the same by posting at the courthouse door in said city for the space of at least ten days before the date of said election. In case of vacancy in office of mayor or his disqualification or absence from the city, the same may be supplied by said board of councilmen by electing from their body a mayor pro tem. who shall perform all the duties of said office during said disqualification or until the election and qualification of his successor as hereinbefore provided. Vacancies. Mayor pro tem. Sec. 11. Be it further enacted by the authority aforesaid, That no person shall be eligible to be elected mayor or councilman or appointed treasurer or clerk of the Council of the City of Wrightsville unless such person is a qualified voter of said city at the time of his election or appointment to office. Qualifications for office. Page 845 Sec. 12. Be it further enacted by the authority aforesaid, That at its first regular meeting upon organization the board of councilmen shall elect one of their number mayor pro tempore and in case of the resignation, death, removal, disability or disqualification of the mayor, the mayor pro tem. so elected shall upon taking the oath as mayor, serve as mayor with all the rights, powers and duties of the mayor in all respects. If the services of the mayor pro tem. shall continue for as long as thirty days he shall be compensated at the same rate, and in the same manner that the mayor is paid, and such compensation shall be deducted from the salary of the mayor unless said mayor's disqualification was from providential cause. Mayor pro tem., how chosen. Compensation. Sec. 13. Be it further enacted by the authority aforesaid, That at its first regular meeting the Mayor and Council of Wrightsville shall elect a clerk of council and a city treasurer and their qualifications shall be the same as those of mayor, and they shall take such oath of office as the mayor and council may prescribe and shall give bond in such amount as the mayor and council may deem sufficient to guarantee the faithful performance of their duties. The clerk shall be the clerical officer of the council and his duties shall be such as may be prescribed by the ordinances of the city and by the mayor and council. The compensation of the clerk shall not exceed the sum of $300.00 per annum, payable monthly, besides such fees as may be prescribed by the ordinances of said city. The treasurer shall receive such compensation as the mayor and council may deem proper, in no event to exceed the sum of $60.00 per annum, payable monthly. Clerk and treasurer to be elected. Duties and salary. Sec. 14. Be it further enacted by the authority aforesaid, That at its first regular meeting the mayor and council shall elect a city attorney whose term of office shall be one year and whose duty shall be such as is required by the ordinances of the city and who shall be paid such compensation as may be agreed between himself and the mayor and council. Whenever in the judgment of the mayor Page 846 and council it shall become necessary to employ additional council to assist said attorney or to pay said attorney for additional work, authority so to do is hereby conferred upon said mayor and council. City attorney, duty of, salary. Sec. 15. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority to elect a city sexton, to have the superintendence of and care of the city cemeteries, whose duties shall be such as are prescribed by the mayor and council and by the ordinances of said city. He shall receive such compensation as may be prescribed by the ordinances of said city, and by the mayor and council. City sexton. Sec. 16. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority to elect a city physician, whose duties shall be such as are required by the ordinances of said city, and by the direction of the mayor and council, and whose compensation shall be fixed by the ordinances of the city and by the mayor and council. City physician. Sec. 17. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to elect three persons as a board of health in and for said city, said board to be composed of the chairman of the sanitary committee, who shall be ex-officio chairman of said board, the city physician, and one other reputable physician resident in said city. The duties, powers and compensation of said board of health shall be such as are fixed and prescribed in the ordinances of said City of Wrightsville. Board of health. Sec. 18. Be it further enacted by the authority aforesaid, That at its first regular meeting the mayor and council shall elect one marshal who shall be ex-officio chief of police and one assistant and as many additional policemen and detectives as in the judgment of said mayor and council may seem proper and necessary. Such officers shall be elected for a term of one year; shall be paid such compensation as may seem proper to the mayor and council; shall Page 847 take such oath as the mayor and council may prescribe; shall give bond with good and sufficient security to be approved by the mayor and council in such amount as may be determined upon by said mayor and council for the faithful performance of their duties, and shall perform such duties as may be required by them by the ordinances of said city and the mayor and council. Their fees shall be such as are prescribed by the 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 or incapacity, and the mayor may at any time during recess of council suspend any of the said officers for breach or neglect of duty for a period not to exceed ten days, without pay, and appoint a substitute therefor. Marshal, assistant, police and detectives. Oath and bond. Fees. Suspension. Sec. 19. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to organize a mayor's court and the mayor or acting mayor shall preside therein and shall hold a police court in said city at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city, and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of one hundred dollars or imprisonment in the guard house or labor on the city chain gang of said city not to exceed ninety days, together with the costs of trial, which judgment may be made in the alternative in the discretion of the mayor. It shall be the duty of such mayor to act as the presiding officer of the council, or the mayor pro tem. in his absence, when in session, and look after the promotion of the peace and good order and the enforcement of ordinances, by-laws, rules and regulations of said city, and upon investigation of the case it should appear that some law of this State has been violated, it shall be the duty of the mayor or acting mayor to commit such offender or offenders to the common jail of Johnson County or cause them to give good Page 848 and sufficient bond to appear at the next term of the Johnson superior court or the city court of Wrightsville; that the mayor shall receive as compensation for his services the salary of one hundred and fifty dollars per annum to be paid from the common or general funds in the treasury of said city, payable quarterly; Provided, however, should the mayor pro tem. be required to serve as much as thirty days continuously, then he is to receive a pro rata amount of said salary for such time and such amount shall be deducted from the mayor's salary unless it should appear that such absence of the mayor is providential. Each councilman shall receive as compensation the sum of thirty dollars per annum, payable quarterly out of the common funds in the treasury of said city. Mayor's court. Jurisdiction. Docket. Maximum fine and sentence. Binding over. Salaries. Proviso. Sec. 20. Be it further enacted by the authority aforesaid, That it shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been guilty of violating any of the ordinances of said city and to hold said persons so arrested until a hearing before the proper officers 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 common jail of Johnson County for a reasonable length of time. The marshal and policemen of said city are authorized to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city or any law of this State, and are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State and the marshal and policemen of this city are authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the City of Wrightsville; Provided, that if said arrest is to be made outside the corporate limits of said city same is to be done only in obedience to a written warrant signed by the mayor or the acting mayor. Arresting without warrant. Commitment. Proviso. Page 849 Sec. 21. Be it further enacted by the authority aforesaid, That the marshal or any policeman shall release any person arrested for a violation of the ordinances of said city upon said persons giving a bond with good security approved by the mayor or acting mayor of said city conditioned to pay the City of Wrightsville an amount fixed by the mayor or acting mayor of said city; in the event such person arrested does not appear before the corporate authorities of the city at the time and place specified in the bond and from time to time until the principal in said bond is tried for the offense charged, and should such person fail to appear at the time and place recited in said bond said bond may be forfeited before the mayor's court of said City of Wrightsville as the mayor and council may by proper ordinances provide. Said mayor and council shall have authority to compel the attendance of witnesses whether residents of said city or not by fine or imprisonment, either or both, and to take bond to secure their attendance and to forfeit such bond before the mayor's court and to pass ordinances to carry this provision into effect. Bond, release on. Forfeiture. Witnesses, compulsory attendance. Sec. 22. Be it further enacted by the authority aforesaid, That the mayor and council may be ordinance declare what shall be a nuisance in said city and by ordinance provide for the abatement of the same. The mayor's court of said City of Wrightsville 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, abatement of. Sec. 23. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full and complete control of the streets and sidewalks, alleys and squares of said city and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening or grading or in any way changing the street lines and sidewalks of said city. Said authority herein granted shall be exercised by said mayor and council of the City of Wrightsville in the manner provided by the general laws Page 850 of this State now in force relating to the condemning of property for road purposes. The mayor and council shall have full authority to remove or cause to be removed any building, steps, fences, gates, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places of said city and to enforce the provisions of this section by appropriate ordinances; and may require and compel all persons residing in said city who may be subject to road duty to work on the streets and sidewalks of said city not to exceed twenty days in each year, but may receive therefor a commutation fee from such persons not to exceed four dollars per annum, and the mayor of said city shall have the same power and authority to punish defaulters as road commissioner of this State may have or may hereafter have; Provided, no defaulter shall have the right to relieve himself of any fine or penalty imposed for his failure to perform street duties after being returned as such defaulter without the consent of the mayor. Streets, etc. Condemnation. Road duty; commutation fee. Proviso. Sec. 24. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have authority to lay out a fire district in said city and to enlarge and change its limits from time to time and to pass all ordinances, rules and regulations as may be necessary to enforce the same; to prescribe how chimneys and stoveflues shall be constructed, to prescribe and determine out of what material buildings and all other improvements may be had; to order removals of all buildings and parts thereof as may be dangerous or likely to become so by reason of fire or heat of said city and to cause the owner of the premises to change or remove the same at his own expense, which shall be collected as taxes are collected and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, said mayor and council may order such building removed or altered, and if such firm, person or corporation shall fail to remove or alter such building after notice so to do, then the mayor and council shall have Page 851 authority to remove or alter the same at the expense of the owner, same to be collected as taxes are collected. Fire district. Removal of fire-traps. Penalty. Sec. 25. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to assess, levy and collect such taxes not exceeding one and one-fourth per cent. on the assessed value ad valorem of all property of every species, both real and personal, within the limits of said city, except church, school and fraternal organizations property, at its market value on such day as the mayor and council may provide in each year, and also to levy and collect such special tax on trades, business, occupations, theatrical exhibitions or other performances exercised or carried on within the corporate limits of said city, including circuses and shows of all kinds, itinerant traders, peddlers, auctioneers and all other trades, games or occupations subject to special tax under the State law as they may deem proper. They shall also have power to tax, license and regulate ten pin alleys, billiard and pool tables or to prohibit or remove the same for sufficient cause as they may deem necessary. For the purpose of enforcing the payment or collection of the taxes above enumerated, the mayor and council may prescribe such rules and regulations and impose such penalties for a violation of the same as they may deem necessary, not inconsistent with the Constitution and laws of the State, and the mayor of said city is hereby vested with authority to issue executions for such fines or taxes as may become collectible in favor of said city, and the policemen may proceed to collect the same by levy and sale; in case of levy upon personal property after ten days' advertisement at the court-house door in said city, and in case of levy on real estate by return to the sheriff of Johnson County, who shall advertise and sell in the same manner as is prescribed by State law for levies made on real estate and returned by constables. Taxes, licenses, etc. Pool rooms. Collection of taxes. Executions, levy and sale. Sec. 26. Be it further enacted by the authority aforesaid, That the mayor and council are hereby given authority Page 852 to pass such ordinances as may be necessary and proper in order to carry the foregoing section into effect; they are also empowered to classify business and to arrange the various businesses, trades and professions carried on in said city into such classes of subjects for taxation as they may deem just and proper. Sec. 27. Be it further enacted by the authority aforesaid, 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 of said city and owners of real estate therein, as city tax assessors, whose terms of office shall be one year. Said city tax assessors shall at any time be removed from office by the mayor and council and all vacancies occurring from any cause may be filled by the mayor and council at any time. It shall be the duty of said tax assessors to assess the value of real estate 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 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 rules for the government of said city tax assessors. Said assessors shall make returns of the assessments made by them to the mayor and council each year at such time as the mayor and council may by ordinance direct. If any taxpayer is dissatisfied with the assessment made of his property either real or personal by said assessors, such taxpayer shall within ten days after the assessors have made their returns to the mayor and council file written notice with the clerk of council of his dissatisfaction and shall name in his said notice one arbitrator to represent him in fixing the value of his said property. Upon such notice being filed with the said clerk it shall be his duty to notify the mayor of the fact, and it shall be the duty of the mayor to forthwith name an arbitrator to represent said city in fixing the value of the property in dispute and the two arbitrators so elected Page 853 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 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 taxpayer. The city assessors shall take 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, stock, bond and other securities and investments whenever in their opinion the same is necessary for a correct assessment, and to punish for contempt as may be prescribed 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. City tax assessors. Duties. Returns. Objecting to assessment, owners' rights. Arbitration. Oath and compensation of assessors. Sec. 28. Be it further enacted by the authority aforesaid, That the mayor and council shall at their first meeting in January of each year elect three discreet and upright citizens, qualified voters and owners of real estate in said city, as a water and light commission in and for said city whose term of office shall be one year. Said water and light commission shall have full and complete charge of the operations and maintenance of the city lighting plant, waterworks plant, sewerage and ice plant. Said water and light commission or any member thereof shall at any time be removed from office by the mayor and council for good and sufficient cause to be judged by said mayor and council, and all vacancies occurring from any cause may be filled by the mayor and council at any time. It shall be the duty of said water and light commission to have charge of the water, light, sewerage and ice plant in the operation thereof and it shall be their duty to make a complete itemized written statement of their conduct of the same, showing a complete itemized statement of all receipts and disbursements and submit the same to the mayor and council at each monthly meeting. The mayor and council shall have authority to pass such ordinances, rules Page 854 and regulations as shall be necessary to put this section in operation and to prescribe rules and methods for the collection of bills from consumers generally and to prescribe the rentals, rates and price of lights, water and ice under the advice of said light and water commission. Water and light commission. Powers and duties. Fix rates. Sec. 29. Be it further enacted by the authority aforesaid, That the Mayor and Council of Wrightsville shall have power and authority to establish a system of waterworks, sewerage, electric lights, ice plant or any of them in said city for the purpose of supplying its inhabitants and the city as well as consumers generally with water, sewerage, lights and ice or any of them, and said mayor and council shall have the power to do any and all things necessary for such purposes; to contract with any person or persons for the purchase of land or premises to be used in connection therewith whether within or without the city and if necessary to condemn the same as hereinafter provided for; said mayor and council shall have the authority to make contracts for the purchase of plants, machinery, etc., and make contract with the inhabitants of said city and with the consumers generally as to the furnishing of water, of sewerage, of lights, of ice or any of them. Said mayor and council shall also have full power and authority to grant the use of the streets and other public property to any person, firm or corporation that will undertake to furnish the city and the public with electric lights, water, sewerage, ice or any of them, and to make such contracts with such person, firm or corporation for water, sewerage, lights and ice or any of them as may to said mayor and council seem 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 that purpose of which at least four weeks' notice shall be given in the newspaper of said city by said mayor and council, which notice shall contain a substantial statement of the proposed contract as well as the time and place of the Page 855 election, and which election shall be governed by the laws applicable to the regular elections of city officers. The mayor and council of Wrightsville are hereby authorized and empowered to pass all ordinances, rules and by-laws necessary to carry out and effectuate the powers granted in this section. Waterworks, sewerage, lights and ice plant. Proviso. Sec. 30. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to contract for or to condemn any lands or premises within or without the city for the purpose of establishing and maintaining an electric light plant, waterworks system, sewerage system and ice plant or any of them; Provided, that if the right to condemn herein granted be exercised, all proceedings shall be had under the provisions of the general laws of this State relating to the same. Condemn for. Proviso. Sec. 31. Be it further enacted by the authority aforesaid, That the mayor and council of said City of Wrightsville shall have power to take up and impound any horse, mule, cattle, hogs or other live stock including the running at large of domestic fowls, and to pass such ordinances as may be deemed by them necessary for the regulation of stock within said city, as well as to levy such tax as may seem proper to them upon dogs. Animals, impoundment; dog tax. Sec. 32. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have power and authority to provide by ordinance in the taxes of said city shall be returned and when the same shall be due, and in what length of time said taxes shall be paid, when tax executions shall issue against defaulters and to fix the penalty for the failure to return taxes and for the nonpayment of taxes when due. Tax returns, executions, etc. Sec. 33. Be it further enacted by the authority aforesaid, That execution for any and all taxes, licenses or other demands of any nature due the city or its corporate authorities by any person, firm or corporation, or against any Page 856 property subject thereto shall be issued by the clerk of said city, signed by him, bear test in the name of the mayor and be directed to the 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 the method of conducting and all registrations 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 by the City of Wrightsville as they levy and collect executions issued from the respective courts of which they are an executive officer. Clerk to issue execution. Levy and sale. Sec. 34. Be it further enacted by the authority aforesaid, That authority is hereby expressly conferred on the mayor and council of said city to carry out every power granted to the City of Wrightsville in this Act by appropriate ordinance; 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. General power of mayor and council. Sec. 35. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the right to elect such other municipal officers or employees, besides those herein specified, as may to them seem necessary and proper, providing therefor when necessary by ordinance, and in the same manner prescribing their duties and fixing their compensation. Other officers and employees, right to elect. Sec. 36. Be it further enacted by the authority aforesaid, That the Mayor and Council of Wrightsville shall have the authority to organize within said city a city chain gand in which they are authorized to cause to be worked Page 857 such prisoners or offenders against the ordinances, rules and regulations of said city as may be by the mayor or acting mayor sentenced so to work, and council shall have authority to pass such ordinances, rules and regulations as they may deem proper for the management and maintenance of the same, provided they are not inconsistent with the general laws of this State. Chain gang. Sec. 37. Be it further enacted by the authority aforesaid, That all special licenses shall be issued by the city clerk under the seal of said city and all executions and writs directed to be issued by the mayor and council shall be done by the clerk of council and as compensation he shall receive the sum of twenty-five cents each for each license, execution and writ to be added as cost of the same and the marshal or police of said city shall receive as compensation for the collection of all executions the sum of thirty cents each, except when liens are made in which event he shall receive the same fees as are now allowed constables for like service in said State; that the mayor or acting mayor shall add to all fines imposed in the mayor's court against the defendant the sum of one dollar as cost, same to be collected and paid into the general funds as fines and forfeitures are required to be paid. Special licenses, seal of city. Clerk's fee on writs, etc. Marshal's fees Costs in mayor's court. Sec. 38. 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 18, 1923. Page 858 TITLE II. Private and School Corporations. ACTS. Camilla School District; Maintenance. First Baptist Church of Columbus; Transfer of Title. First Baptist Church of Columbus; Transfer of Title. Gordon College; Board of Trustees. Rockmart School District; Incorporation of. Saint Luke Methodist Episcopal Church, South, of Columbus; Transfer of Title. Saint Luke Methodist Episcopal Church, South, of Columbus; Transfer of Title. CAMILLA SCHOOL DISTRICT; MAINTENANCE. No. 432. An Act to amend an Act entitled An Act to incorporate the Camilla School District, in the City of Camilla, County of Mitchell and State of Georgia; to define the boundaries of the same; to regulate the management of the schools therein; to provide for a revenue for the schools; to provide a board of education and to confer upon them certain powers; also to provide for the ratification or rejection of this Act by the qualified voters of the City of Camilla, and for other purposes, approved August 18, 1913, so as to authorize and empower the Mayor and Aldermen of the City of Camilla to levy and collect for school purposes a tax not to exceed seven-tenths per centum per annum on all taxable property in said city, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That on and after the passage of this Act, section four (4) of the Act incorporating the Camilla School District, approved August 18th, 1913, be amended Page 859 by striking from said section the words not to exceed one-half per centum on all property and inserting in lieu thereof the words not to exceed seven-tenths per centum on all property, so that said section four (4) of said Act when so amended shall read as follows: Section four (4). Be it further enacted, that the necessary funds for establishing, conducting, maintaining and supporting such schools shall be derived as follows: First, it shall be the duty of the board of education immediately after the ratification of this Act to make known to the Mayor and Aldermen of the City of Camilla the amount of funds or the rate of per centum on the total valuation of the taxable property in said city necessary, in their discretion, for conducting and maintaining said school during the fall term of 1913 and the spring term of 1914, and it shall be the duty of the said Mayor and Aldermen of the said City of Camilla and they are hereby authorized and empowered and required to immediately levy a special tax sufficient to raise the amount recommended by said board of education not to exceed seven-tenths per centum on all property, both real and personal, subject to taxation in said city, and collect the same as other taxes are levied and collected for general purposes in said city. Second, it shall be the duty of the said board of education at or before the time for the annual levy of taxes in and for said City of Camilla for general purposes, to make known to the Mayor and Aldermen of the City of Camilla the amount of funds or the rate per centum on the total valuation of the taxable property in said city, necessary, in their discretion, for establishing, conducting, maintaining, building and equipping said schools; and it shall be the duty of said Mayor and Aldermen of said City of Camilla, and they are hereby authorized, empowered and required to levy each year a special tax sufficient to raise the amount recommended by said board of education not to exceed seven-tenths per centum on all property, both real and personal, subject to taxation in said city and collect the same as other taxes are levied and collected for general purposes in said city, and when Page 860 collected and as collected shall be passed and credited to the school account of said city and turned over to the treasurer of the Board of Education of Camilla. Third, county school commissioner of Mitchell County is hereby authorized, required and desired to pay over to the treasurer of said Board of Education of Camilla such part of the State and county school fund as may be their just pro rata share thereof, and the amount to be thus paid shall be paid at the same time and in the same manner that the teachers of the County of Mitchell are paid. Act of 1913 amended. Section four to read. Funds, how derived. Levy of tax. Pro rata share of State and county school fund. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 20, 1923. FIRST BAPTIST CHURCH OF COLUMBUS; TRANSFER OF TITLE. No. 76. An Act to vest fee simple title in the Trustees of the First Baptist Church of the City of Columbus, Georgia, to certain lands held by said church under and by virtue of a grant from the State of Georgia, on the 28th day of January, 1830, and to authorize the said board of trustees to sell and by proper deed convey to the purchasers title to the lands and to mortgage, create lien or liens thereon, and to borrow money and secure the payment thereof by security deeds, mortgages, liens or other instrument, and for other purposes. Whereas, Under and by virtue of an Act of the General Assembly of the State of Georgia, passed on the 17th day of December, 1829, the Governor of Georgia, on the 28th day of January, 1830, issued a grant to the trustees of the Baptist Church in the Town of Columbus, to the following described lands, to wit: All that lot and parcel Page 861 of land lying, being and situate in the City of Columbus, Muscogee County, Georgia, and being particularly described as follows, to wit: beginning at a corner stone at the southeast corner of the intersection of Second Avenue and Twelfth Street and running thence south two hundred ninety-eight (298) feet and five (5) inches along the east side of Second Avenue to the property of St. Luke Methodist Church, thence east along the northern boundary line of said St. Luke Methodist Church property two hundred and ninety-nine (299) feet and six (6) inches to an iron stake on the west side of Third Avenue, thence north along the west side of Third Avenue two hundred and ninety-eight (298) feet to a corner stone on the southwest corner of Third Avenue and Twelfth Street, thence west along the south side of Twelfth Street two hundred and ninety-eight (298) feet and eight (8) inches to the point of beginning at the southeast corner of Twelfth Street and Second Avenue, said tract containing 2.3 acres more or less, to be held in trust by the trustees of said church, and their successors, for the use of religious purposes in fee simple; and Preamble. Whereas, Since said grant the said lands have been held and used by the Baptist Church for religious purposes, a church building having been erected and maintained thereon, and used for religious purposes, and known as the First Baptist Church in the City of Columbus, Georgia; and Whereas, The church building has become inadequate for church purposes, and the trustees, members and congregation of said church are desirous of making improvements thereon, by remodeling and adding to the present building and by erecting new buildings on said land; and also for the purpose of equipping, fitting and furnishing the church buildings on said lands; and Whereas, For the purpose mentioned, the trustees, members and congregation of said church desire to borrow a sufficient sum of money with which to pay for the improvements hereinbefore referred to, and to use the property Page 862 hereinbefore described as collateral to secure the payment of any indebtedness created for such purposes; therefore Section 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 title to the following described lands, to wit: All that lot and parcel of land lying, being and situate in the City of Columbus, Muscogee County, Georgia, and being particularly described as follows, to wit: beginning at a corner stone at the southeast corner of the intersection of Second Avenue and Twelfth Street and running thence south two hundred and ninety-eight (298) feet and five (5) inches along the east side of Second Avenue to the property of St. Luke Methodist Church, thence east along the northern boundary line of said St. Luke Methodist property two hundred and ninety-nine (299) feet and six (6) inches to an iron stake on the west side of Third Avenue, thence north along the west side of Third Avenue two hundred and ninety-eight (298) feet to a corner stone on the southwest corner of Third Avenue and Twelfth Street, thence west along the south side of Twelfth Street two hundred and ninety-eight (298) feet and eight (8) inches to the point of beginning at the southeast corner of Twelfth Street and Second Avenue, said tract containing 2.3 acres, more or less, be and are hereby vested in the trustees of the First Baptist Church of Columbus, Georgia, and their successors, in fee simple, and as such trustees are hereby vested with the authority to sell the same at private sale for the use and benefit of said First Baptist Church for such consideration as they may deem right and proper, conveying to the purchaser fee simple title with all the rights, members and appurtenances thereto belonging. And said trustees are hereby authorized and empowered to borrow money on said described property, and to use the said property as collateral to secure the payment of any loan that may be made to said trustees. And they are authorized and empowered to execute a mortgage or mortgages, security deeds, incumbrances and liens on said Page 863 property to secure the indebtedness which may be incurred by way of a loan as aforesaid. Description. To be vested in fee simple in trustees; their powers, etc. Sec. 3. Be it further enacted, That all laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1923. FIRST BAPTIST CHURCH OF COLUMBUS; TRANSFER OF TITLE. No. 315. An Act to vest fee simple title in the trustees of the First Baptist Church of the City of Columbus, Georgia, to certain lands held by said church under and by virtue of a grant from the State of Georgia, on the 28th day of January, 1830, and to authorize the said board of trustees to sell and by proper deed convey to the purchasers, title to the lands and to mortgage, create lien or liens thereon, and to borrow money and secure the payment thereof by security deeds, mortgages, liens or other instrument, and for other purposes. Whereas, Under and by virtue of an Act of the General Assembly of the State of Georgia, passed on the 17th day of December, 1829, the Governor of Georgia, on the 28th day of January, 1830, issued a grant to the trustees of the Baptist Church in the Town of Columbus, to the following described lands, to wit: All that lot and parcel of land lying, being and situated in the City of Columbus, Muscogee County, Georgia, and being particularly described as follows, to wit: beginning at a corner stone at the southeast corner of the intersection of Second Avenue and Twelfth Street and running thence south two hundred ninety-eight (298) feet and five (5) inches along the east side of Second Avenue to the property of St. Luke Methodist Church, thence east along the northern boundary line of said St. Luke Methodist Church property two hundred Page 864 and ninety-nine (299) feet and six (6) inches to an iron stake on the west side of Third Avenue, thence north along the west side of Third Avenue two hundred and ninety-eight (298) feet to a corner stone on the southwest corner of Third Avenue and Twelfth Street, thence west along the south side of Twelfth Street two hundred and ninety-eight (298) feet and eight (8) inches to the point of beginning at the southeast corner of Twelfth Street and Second Avenue, said tract containing 2.3 acres more or less, to be held in trust by the trustees of said church, and their successors, for the use of religious purposes in fee simple; and Preamble. Whereas, Since said grant the said lands have been held and used by the Baptist Church for religious purposes, a church building having been erected and maintained thereon and used for religious purposes, and known as the First Baptist Church in the City of Columbus, Georgia; and Whereas, The church building has become inadequate for church purposes, and the trustees, members and congregation of said church are desirous of making improvements thereon by remodeling and adding to the present building and by erecting new buildings on said land, and also for the purpose of equipping, fitting and furnishing the church buildings on said lands; and Whereas, For the purpose mentioned the trustees, members and congregation of said church desire to borrow a sufficient sum of money with which to pay for the improvements hereinbefore referred to and to use the property hereinbefore described as collateral to secure the payment of any indebtedness created for such purposes; therefore Section 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 title to the following described lands, to wit: All that lot and parcel of land, lying, being and situated in the City of Columbus, Muscogee County, Georgia, and being particularly described as follows, to wit: Page 865 beginning at a corner stone at the southeast corner of the intersection of Second Avenue and Twelfth Street and running thence south two hundred and ninety-eight (298) feet and five (5) inches along the east side of Second Avenue to the property of St. Luke Methodist Church, thence east along the northern boundary line of said St. Luke Methodist Church property two hundred and ninety-nine (299) feet and six (6) inches to an iron stake on the west side of Third Avenue, thence north along the west side of Third Avenue two hundred and ninety-eight (298) feet to a corner stone on the southwest corner of Third Avenue and Twelfth Street, thence west along the south side of Twelfth Street two hundred and ninety-eight (298) feet and eight (8) inches to the point of beginning at the southeast corner of Twelfth Street and Second Avenue, said tract containing 2.3 acres more or less, be and are hereby vested in the Trustees of the First Baptist Church of Columbus, Georgia, and their successors, in fee simple, and as such trustees are hereby vested with the authority to sell the same at private sale for the use and benefit of said First Baptist Church for such consideration as they may deem right and proper, conveying to the purchaser fee simple title with all the rights, members and appurtenances thereto belonging, and said trustees are hereby authorized and empowered to borrow money on said described property, and to use the said property as collateral to secure the payment of any loan that may be made to said trustees, and they are authorized and empowered to execute a mortgage or mortgages, security deeds, incumbrances and liens on said property to secure the indebtedness which may be incurred by way of a loan as aforesaid. Description. To be vested in fee simple in trustees; their powers, etc. Sec. 2. Be it further enacted, That all laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1923. Page 866 GORDON COLLEGE; BOARD OF TRUSTEES. No. 150. An Act to amend the Act incorporating the Barnesville Male and Female High School, approved January 20, 1852, as amended by the Act approved December 17, 1894, as amended by the Act approved August 22, 1907; to abolish the present Board of Trustees of Gordon College; to create a new Board of Trustees of Gordon College, consisting of twelve members, and to provide for the election of said Board of Trustees of Gordon College. 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 incorporating the Barnesville Male and Female High School, approved January 20, 1852, as amended by the Act approved December 17, 1894, as amended by the Act approved August 22, 1907, be and the same is further amended as follows, to wit: Act of 1852 amended. Sec. 2. Be it further enacted, That the present Board of Trustees of Gordon College be and the same is hereby abolished. Present board abolished. Sec. 3. Be it further enacted, That the following named persons, to wit: W. B. Smith, B. M. Turner, L. C. Tyus, Edward Elder, R. A. Stafford, C. E. Suggs, J. E. Bush, C. H. Willis, D. S. Anderson and B. H. Hardy be and they are hereby made the members of the Board of Trustees of Gordon College with all the authority, rights, powers, privileges and immunities which were conferred upon the said board of trustees abolished in section 2 of this Act. New board appointed. Sec. 4. Be it further enacted, That the mayor of the City of Barnesville and the chairman of the Board of Education of Lamar County and their successors in office are ex-officio members of said board of trustees. Ex-officio members. Sec. 5. Be it further enacted, That two of the members of the said board named in section 3 of this Act shall Page 867 retire on January 1, 1924, and two members shall retire on the first day of January of each year thereafter, and the said members of said board shall determine among themselves as to those who shall retire. Retirement, when. Sec. 6. Be it further enacted, That vacancies created under section 5 of this Act shall be filled by election by the City Council of Barnesville of two persons from a list of five persons nominated by the Board of Trustees of Gordon College, and said nominees shall be residents and freeholders of said City of Barnesville. Vacancies, how filled. Sec. 7. Be it further enacted, That the members of the said board of trustees can succeed themselves, but can serve only two terms consecutively. Can serve for two consecutive terms only. Sec. 8. Be it further enacted, That it is the provision of this Act that two members shall be elected each year to said board, and that after the said ten members of said board have been retired the two oldest members in point of time served shall retire each year. Oldest member of board to retire. Sec. 9. Be it further enacted, That in case a vacancy occurs on said board before the time for regular election the vacancy shall be filled by election by the City Council of Barnesville from a list of three persons nominated by the said Board of Trustees of Gordon College as heretofore provided in this Act and in case of such vacancy the said board of trustees must make their nomination not later than the second monthly meeting of said board and transmit their nomination to the city council at their first regular meeting thereafter, or said council may elect without nomination by said board whenever said board of trustees fail to make nominations as herein provided. Sec. 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 31, 1923. Page 868 ROCKMART SCHOOL DISTRICT; INCORPORATION OF. No. 420. An Act to incorporate the Rockmart School District, in Polk County; to define its boundaries; to regulate the management of the schools in said district; to establish a board of trustees therein; to 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. Section 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 Rockmart School District in Polk County be and the same is hereby incorporated as the Rockmart School District, and by that name and style shall have perpetual succession; shall have a common seal, and shall have power and authority to purchase, have, hold, receive and enjoy, possess and retain to itself and its successors in office, for the purpose of this Act, any estate or estates, real, personal or mixed, and by that name and style be capable of suing or being sued, in any of the courts of law or equity in this State. That said corporation, acting through the trustees hereinafter named, and their successors, shall have power and authority to erect, repair and maintain any building or buildings in the limits of said district that may be deemed necessary for the purpose of carrying out the intention of this Act. And for this purpose shall have the right to contract and be contracted with, to buy and sell any personalty or real estate, or may lease or rent any building or buildings. Rockmart School District incorporated, powers, rights and privileges. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall be as follows: Beginning at the northwest corner of land lot number 695 in the 21st district and 3d section of Polk County, Page 869 thence east to the northeast corner of land lot number 703, thence east to the northeast corner of land lot number 511 in the 18th district and 3d section of said county, thence south to the southeast corner of land lot number 1290, thence west along the Paulding County line and Browning militia district line to the southwest corner of land lot number 1304 in the 21st district and 3d section of said county, thence north to starting point, the above tract containing land lots in the 21st district and 3d section of Polk County as follows: Corporate limits. 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 769, 770, 771, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 991, 992, 993, 994, 995, 996, 997, 998, 999, 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, and containing in the 18th district and 3d section of said county land lots as follows: 505, 506, 507, 508, 509, 510, 511, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 868, 869, 870, 871, 930, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1146, 1147, 1148, 1149, 1150, Page 870 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1290, 1291, 1292, 1293, 1294, 1295, 1296. Sec. 3. Be it further enacted by the authority aforesaid, That the management and control of said school or schools in said district shall be vested in a board of trustees consisting of five (5) persons residing in said district, to carry into effect the provisions of this Act, and hereafter, when a vacancy occurs, whether by death, resignation or removal from office, or removal from the school district, the remaining members of said board shall call an election to fill said vacancy. A majority of said board shall constitute a quorum and decide all questions and elections. Board of trustees. Sec. 4. Be it further enacted by the authority aforesaid, That said board of trustees shall have power and authority to adopt a system of public schools in said district, to elect a superintendent for each of the schools in said district and prescribe their duties, and to remove them for cause, in their discretion; to employ, suspend or remove teachers and fix their salary by compensation or otherwise; to take and hold title to such property, to make such rules and regulations for the government of themselves and said schools as they deem proper, not in conflict with the laws of this State, and to do any and all things to promote the educational interest of said district not in conflict with the provisions of this Act, nor the laws of this State; Provided, that said board shall not have the power to purchase property where the purchase price exceeds two hundred ($200) dollars, or sell it without the consent of a majority of the qualified voters of said district, to be ascertained by an election to be held for that purpose, notice of which election shall be given by the board for twenty (20) days prior to the holding of same, and which election shall be held in accordance with the laws governing the elections for members of the Legislature, and in which elections the returns shall be made to the board of trustees, who shall publish the same; and any citizen may contest the legality Page 871 of said election or the correctness of said returns in the same manner as the contests are made in elections of justices of the peace and constables; provided, further, that said board may purchase property sold under tax executions issued by its authority, as hereinafter provided, as well as fuel, crayons, erasers and other articles necessary to meet the current demands of said schools, without an election. Supervise public schools, etc. Proviso. Sec. 5. Be it further enacted by the authority aforesaid, That W. H. Hubbard, E. C. Kingsberry, S. J. Nichols, J. A. Finch and C. F. Burnett shall be and they are hereby constituted the board of trustees to carry into effect the provisions of this Act until the regular election of members of the board, which election shall take place on the fourth (4th) Tuesday in September, 1923, and thereafter on the first (1st) Tuesday in June at intervals of one year, and those entitled to vote for members of the Legislature who reside in said school district are qualified to vote at said election. At the first election to be held under the authority of this Act, to wit: on the fourth (4th) Tuesday in September, 1923, five (5) persons shall be elected to succeed the above-constituted board of trustees. The two candidates at said election who shall receive the largest number of votes shall hold office until June 3, 1925; the three candidates receiving the next highest number of votes shall hold office until June 3, 1924. Beginning with the election on the first (1st) Tuesday in June, 1924, the terms of office shall be two years. The yearly election of superintendents and teachers shall not be held until after the regular yearly elections of trustees. Members of board. Election. Length of office. Sec. 6. Be it further enacted by the authority aforesaid, That said board of trustees shall at its first meeting after the ratification of this Act or so soon thereafter as practicable, organize by electing one of its members president. They may also elect a vice-president. They shall elect a secretary and treasurer for such terms as the board may fix, but no member of the board, other than the secretary Page 872 and treasurer, shall receive compensation as such for their services. The secretary and treasurer may be one person, and may or may not be a member of said board. The treasurer shall give good and sufficient bond to be approved by said board. Officers; election of president, etc. Sec. 7. Be it further enacted by the authority aforesaid, That the president of said board of trustees shall make the same regular reports to the State School Superintendent as are required from county school superintendents by the Civil Code of 1910, section 1525. Report to State School Superintendent. Sec. 8. Be it further enacted by the authority aforesaid, That the State School Superintendent of the State of Georgia shall from time to time, pay over of the treasurer of the Board of Trustees of the Rockmart School District such amounts and share of the public school funds of the State as they may be entitled to under the general laws of this State, and that the said State School Superintendent is hereby required to pay over to said treasurer the proper proportion of said funds to which said school district is entitled, at the same time that the public school funds are paid out as now required by law. Also that the State School Superintendent shall pay over to said treasurer of the Rockmart School District the pro rata share of the school funds of Polk County for all children of or within school age who are residents of said county, and not residents of said district, and who attend the schools in said district. Pro rata State school funds. Sec. 9. Be it further enacted by the authority aforesaid, That said board of trustees shall keep accurate accounts of all money or property received by them for the use of the school or schools of said district, and of all expenditures made by them; these accounts shall be open at all times to the inspection of the taxpayers in said district, and the State Superintendent of Schools and said board of trustees shall make such reports and give such data and information to the State School Superintendent as his Page 873 rules and regulations may require, and said accounts shall be published in a newspaper in said district in the first week in January and June in each year. Accounts of receipts and expenditures. Publication. Sec. 10. Be it further enacted by the authority aforesaid, That said board of trustees shall have full power and authority to fix the length of the term or terms of said school or schools in said district; Provided, that the terms shall not be for a shorter period than nine scholastic months of twenty days each. They shall have full power and authority to levy and collect a tax on all real and personal property within the limits of said district for school purposes, to defray the expenses of the management of the schools in said district, to pay all or any part of the expense of carrying on the school or schools, renting or leasing school property, caring for or preserving school property and incidental expenses; Provided, that a majority of two-thirds shall vote for local taxation for public schools at an election called by the ordinary of Polk County in pursuance of section 1535, Civil Code of 1910. School terms. Proviso. Power to tax. Proviso. Sec. 11. Be it further enacted by the authority aforesaid, Be it further committed to said board of trustees the power and authority to fix the time and manner of assessing and collecting such amount of taxes as shall be authorized by law. They may appoint and they are hereby empowered to do so, three discreet citizens of said school district as tax assessors, who shall assess the valuation of all property in said district for taxation, or they may take the returns of the property in said district as made to the tax receiver of said county. The said trustees, or the assessors, shall have free access to the State, county and municipal books and returns, or any part thereof that they may deem best in making the assessments for said district. The time, mode and manner of assessing and collecting said tax shall be fixed by the board of trustees at their first meeting after the fourth (4th) Tuesday in August, 1923, or as soon thereafter as practicable. Assessing taxes. Tax assessors; duties and powers of. Page 874 Sec. 12. Be it further enacted by the authority aforesaid, That should any person or persons fail to pay said tax or taxes at the time required, then the secretary (or secretary and treasurer, should the office be filled by one person only) shall issue a tax fi. fa. against such delinquent taxpayer or taxpayers, and the same may be levied by any officer authorized by law to levy and collect State and county tax fi. fas. and proceed in selling and collecting the same in the same manner as now provided by law in selling and collecting State and county taxes. Said tax fi. fas. shall be a superior lien on all property of the delinquent taxpayer, except for State and county taxes. Collecting; fi. fas. to be a lien. Sec. 13. Be it further enacted by the authority aforesaid, That the board of trustees of said school district shall have full power and authority to charge and collect tuition from all children who attend the school or schools in said district, and who do not reside in said district. Said board of trustees shall credit each of such children with any amount that said board shall receive from the State on their tuition. Tuition from pupils residing outside of district. Sec. 14. Be it further enacted by the authority aforesaid, That this Act shall not go into effect or become operative until an election has been held in said school district in accordance with section 1535 of the Civil Code of 1910, at which election shall be submitted the question of whether or not a ten (10) mill tax shall be levied for school purposes to supplement the money received from the State, and said election shall have resulted in two-thirds majority of the voters in said district casting their ballots for local taxation for public schools. Election to approve this Act. Sec. 15. Be it further enacted by the authority aforesaid, That the board of trustees of said school district are hereby empowered and authorized to assume liability for all bonds and other indebtedness outstanding against the Rockmart School District (as constituted prior to the passage of this Act) and unpaid at the time of the passage of this Act. They are further empowered to make such disposition Page 875 of said indebtedness as they may, in their discretion, deem best. They may use taxes collected as hereinbefore provided in this Act for the purpose of paying the principal and interest on said indebtedness. Board of trustees authorized to assume outstanding bonds. Sec. 16. 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 18, 1923. SAINT LUKE METHODIST EPISCOPAL CHURCH, SOUTH, OF COLUMBUS; TRANSFER OF TITLE. No. 78. An Act to vest the fee simple title in the Trustees of St. Luke Methodist Episcopal Church, South, at Columbus, Georgia, to certain lands in the City of Columbus, Georgia which have been held in trust by said trustees for religious purposes, by virtue of a grant from the State on April 2d, 1829, which grant was authorized by an Act of the General Assembly of Georgia, approved December 22d, 1828, and for other purposes. Whereas, On the 22d day of December, 1828, the General Assembly of Georgia did pass an Act authorizing the Governor of Georgia to issue a grant to the Trustees of the Methodist Episcopal Church of the Town of Columbus, to a certain lot of land to be held in trust by them and their successors in office for said church for religious purposes, and Preamble. Whereas, On the second day of April, 1829, John Forsyth, then Governor of Georgia, under and by virtue of said Act, did issue a grant and deed to the Trustees of the Methodist Episcopal Church in the Town of Columbus, to be held by them and their successors in office for the use of Page 876 said society for religious purposes, to lot B in said Town of Columbus, the same containing two acres, more or less, and having such shape and form as shown by a plot attached to said grant and deed, and also by a map of the Town of Columbus; and, Whereas, Since said grant, the society then known as the Methodist Episcopal Church, in Columbus, Georgia, has become St. Luke Methodist Episcopal Church, South, and has been duly incorporated under the laws of Georgia, and is now a body corporate; and, Whereas, The General Assembly of Georgia, by an Act approved August the 9th, 1907, did give and grant unto St. Luke Methodist Episcopal Church, South, a corporation, fee simple title in and to a certain strip of land known as the south half of a public street between lots A and B, occupied by the First Baptist Church and the St. Luke Methodist Episcopal Church, South, respectively, in the City of Columbus, Georgia; and, Whereas, St. Luke Methodist Episcopal Church, South, has made and desires to make additional improvements upon the lands granted in the two instances hereinbefore referred to and desires to have the fee simple title to all of said land known as lot B in the original plan of the Town of Columbus, Georgia, free from all limitations and uses; therefore, 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 fee simple title to lot B in the City of Columbus, the same lying and being just north of Eleventh Street, and being between Second and Third Avenues, and containing two acres of land, more or less, be and the same is hereby vested in the Trustees of St. Luke Methodist Episcopal Church, South, a corporation in the City of Columbus, Georgia, said trustees being hereby empowered to have and to hold said lands in fee simple, free from all limitations and restrictions, with power to alien and convey said lands, subject Page 877 only to the laws and discipline of the Methodist Episcopal Church, South. Vested in trustees; power to alienate. Sec. 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 4, 1923. SAINT LUKE METHODIST EPISCOPAL CHURCH SOUTH, OF COLUMBUS; TRANSFER OF TITLE. No. 314. An Act to vest the fee simple title in the Trustees of St. Luke Methodist Episcopal Church, South, at Columbus, Georgia, to certain lands in the City of Columbus, Georgia, which have been held in trust by said trustees for religious purposes, by virtue of a grant from the State on April 2d, 1829, which grant was authorized by an Act of the General Assembly of Georgia, approved December 22d, 1828, and for other purposes. Whereas, On the 22d day of December, 1828, the General Assembly of Georgia did pass an Act authorizing the Governor of Georgia to issue a grant to the Trustees of the Methodist Episcopal Church of the Town of Columbus, to a certain lot of land to be held in trust by them and their successors in office for said church for religious purposes, and Preamble. Whereas, On the second day of April, 1829, John Forsyth, then Governor of Georgia, under and by virtue of said Act, did issue a grant and deed to the Trustees of the Methodist Episcopal Church in the Town of Columbus, to be held by them and their successors in office for the use of said society for religious purposes, to lot B in said Town Page 878 of Columbus, the same containing two acres, more or less, and having such shape and form as shown by a plot attached to said grant and deed, and also by a map of the Town of Columbus; and, Whereas, Since said grant, the society then known as the Methodist Episcopal Church, in Columbus, Georgia, has become St. Luke Methodist Episcopal Church, South, and has been duly incorporated under the laws of Georgia, and is now a body corporate; and, Whereas, The General Assembly of Georgia, by an Act approved August the 9th, 1907, did give and grant unto St. Luke Methodist Episcopal Church, South, a corporation, fee simple title in and to a certain strip of land known as the south half of a public street between lots A and B, occupied by the First Baptist Church and St. Luke Methodist Episcopal Church, South, respectively, in the City of Columbus, Georgia; and, Whereas, St. Luke Methodist Episcopal Church, South, has made and desires to make additional improvements upon the lands granted in the two instances hereinbefore referred to and desires to have the fee simple title to all of said land known as lot B in the original plan of the Town of Columbus, Georgia, free from all limitations and uses; therefore, 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 fee simple title to lot B in the City of Columbus, the same lying and being just north of Eleventh Street, and being between Second and Third Avenues, and containing two acres of land, more or less, be and the same is hereby vested in the Trustees of St. Luke Methodist Episcopal Church, South, a corporation in the City of Columbus, Georgia, said trustees being hereby empowered to have and to hold said lands in fee simple, free from all limitations and restrictions, with power to alien and convey said lands, subject Page 879 only to the laws and discipline of the Methodist Episcopal Church, South. To vest in trustees; power to alienate. Sec. 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 1, 1923. Page 881 PART IV.RESOLUTIONS Page 883 Resolutions. Appropriation for Investigation of Department of Agriculture. Appropriation for Investigation of State Highway Department. Appropriation for Contingent Fund for Use of Governor. Appropriation for Military Department of State. Appropriation to Reimburse Members of the Railroad Commission for Monies Expended in 1921. Appropriation for Stenographer for House Appropriations Committee. Appropriation for Stenographer for House Ways and Means Committee. Appropriation for Upkeep of Public Buildings and Grounds Committee. Atlantic Coast Line Railroad; Transfer of Title by State. Atwater, E., Relief as Surety; Reimbursed for Execution Paid. Blankenship, E. U., and Bell, J. O.; Relief as Sureties. Boquine, S. W., and Council, Will; Relief as Sureties. Crummey, J. W.; Relief as Surety. Free Postal Facilities for State Commissioner of Agriculture for Each State. General Assembly, Adjournment; Certain Members Remain Five Days After. General Assembly; Each Member to Receive List of Unfinished Business. Half-fare Transportation for Confederate Veterans. Indian Spring Reserve; Appointment of Leasing Commission. Inspection of State Institutions, and Reports. Junior Order United American Mechanics; Location of Orphans' Home. Lee, E. B., and Ferguson, E. S., Relief as Sureties. Naval Record of the Confederate States of America. Protection Against Mexican Bean Beetle. Seminole Superior Court Furnished Georgia Reports, Codes and Acts. Stewart Superior Court Furnished Georgia Reports, Codes and Acts. Whiteley, J. W., Fitzpatrick, C. R., Davenport, C. S., and Gunn, J. F., Relief as Sureties. APPROPRIATION FOR INVESTIGATION OF DEPARTMENT OF AGRICULTURE. No. 31. A RESOLUTION. Whereas, Charges have been made against the Department of Agriculture and the Commissioner of Agriculture; and, Pream'ble. Whereas, Said charges are of such a nature that the truth or falsity of same should be known in justice to the people of Georgia and the Department of Agriculture and said Commissioner, Page 884 Therefore be it resolved, That a committee consisting of four members from the Senate to be appointed by the President of the Senate and eight members from the House to be appointed by the Speaker of the House, to thoroughly investigate the management, operation and expenditures of the Department of Agriculture and its activities, giving all parties who have any charge against said department a full and fair opportunity to be heard, said parties being required to file same in writing with the chairman or secretary of said committee within fifty days from the adjournment of the present General Assembly. Said committee shall not consist of any person who is employed in any branch of the Department of Agriculture, or who has a kinsman employed by said department; the President of the Senate and the Speaker of the House to inquire about same before making said appointments. Committee to investigate. Resolved, further, That said committee be empowered to subpoena witnesses and compel their attendance, and to punish any witness for contempt as the committee sees fit, and to take testimony on oath; to have produced records, books and documentary evidence showing the accounts of the Department of Agriculture. The committee is hereby given full authority and power to do such acts as in the wisdom of the committee will produce a full, fair and complete investigation of the operations of the said Department of Agriculture. Subpoena and compel attendance. Resolved, further, That the investigation of the said Department of Agriculture shall be limited to sixty-five (65) days after the adjournment of the present session of the General Assembly; that the committee herein appointed shall file its report in writing, together with copy of the testimony, with the Governor of the State within the said sixty-five days, who is requested to immediately release same to the press for the information of the public. And the Governor of said State shall transmit same to the next session of the General Assembly. Report to be filed, governor to transmit same to. Page 885 Resolved, further, That the sum of seven hundred and fifty ($750) dollars, or so much thereof as may be necessary, be and the same is hereby appropriated from any moneys not otherwise appropriated in the treasury to defray the expenses of the committee in securing clerical help and stenographers. And that, in addition, the members of said committee shall receive their per diem as allowed members of the General Assembly, and actual railroad fare from their respective residences to the capitol and return for the purpose of holding said investigation. Appropriation. Approved August 20, 1923. APPROPRIATION FOR INVESTIGATION OF STATE HIGHWAY DEPARTMENT. No. 15. A RESOLUTION. Whereas, The press of the State in recent months have carried several articles upon the operations of the State Highway Department, charging irregularities, mismanagement, inefficiency, extravagance and burdensome overhead expenses which have consumed the greater part of the State funds leaving a small percentage of the said State funds for the actual maintenance of the State system of highways; and, Preamble. Whereas, Section 5 of the Federal Highway Act, approved November 9, 1921, provides for the distribution of certain surplus war materials, equipment and supplies to be used in the construction, reconstruction and maintenance of highways; and, Whereas, It is reported that the State Highway Board, instead of using the said war materials as directed by the Federal Act, has sold it and invested approximately $100,000 of the proceeds in a large warehouse in East Point, Georgia; and, Page 886 Whereas, It is further reported that the said warehouse is erected upon land to which the State has no title, the same being the property of the Atlanta and West Point Railroad; and, Whereas, The purchase of the quarry in Elberton at the price of $90,000 has caused comment and criticism throughout the State; and, Whereas, It was charged upon the floor of the House during the session of 1922, and the charge reiterated in the press of the State since then by E. H. McMichael, Representative from Marion County, that W. A. Crossland, Federal Engineer for Georgia, made $15,000.00 in that quarry deal, the same being graft; Whereas, The people of the State and the press of the State are eager to know and demanding to know, and have a right to know, the truth or falsity of these reports, criticisms and charges; and, Whereas, The good name, dignity and honor of the State is involved in these charges, as well as the good name, veracity and honor of a member of this House, Therefore be it resolved by the House, the Senate concurring, That a committee of 1510 from the House appointed by the Speaker and 5 from the Senate appointed by the Presidentbe appointed to make a full and thorough investigation of the same and report their findings as early as possible. Committee. Resolved, further, That the said committee shall examine the system of bookkeeping and see if the discrepancies in their reports of 1921 and 1922 can be reconciled. Examine books. Be it further resolved, That the committee is hereby clothed with full authority to subpoena witnesses, to require the submission of records and documents of any nature, to employ a stenographer and also an accountant or auditor if they deem it proper so to do. Subpoena and compel attendance. Page 887 Be it further resolved, That the sum of $750.00 or so much thereof as may be necessary is hereby appropriated out of any funds inthe treasury not otherwise appropriated, to defray the expenses of this investigation. Appropriation. Approved August 1, 1923. APPROPRIATION FOR CONTINGENT FUND FOR USE OF GOVERNOR. No. 59. A RESOLUTION. Whereas, The contingent fund to be expended by the Governor has been reduced to an amount less than $2,000 prior to the inauguration of the present Governor; and, Whereas, The amount so left in said contingent fund is totally insufficient to pay the charges against this fund for the remainder of this year; therefore. Preamble. Be it resolved by the House of Representatives, the Senate concurring, That the sum of $15,000 or so much thereof as may be necessary, be and the same is hereby appropriated as a contingent fund for the Governor to be expended by him according to the provisions of law; and the Governor is hereby authorized to draw his warrant for the same to be paid out of any funds in the treasury of the State not otherwise appropriated. Appropriation. Approved August 18, 1923. APPROPRIATION FOR MILITARY DEPARTMENT OF STATE. No. 167. A RESOLUTION. Whereas, There is a deficiency in the funds of the Military Department available for expenses growing out of Page 888 the riot at Savannah, Chatham County, Georgia, June 19th to 24th, 1923, inclusive; and also to meet the expense of printing the annual report of the Adjutant-General for the year 1922, and to make same immediately available, Preamble. Be it resolved by the General Assembly of the State of Georgia, That the sum of three thousand three hundred ninety and 72/100 ($3,390.72) dollars is hereby appropriated out of any money in the treasury not otherwise appropriated to pay expenses incurred in the suppression of a riot at Savannah, Chatham County, Georgia, June 19th to 24th, 1923, inclusive. Appropriation. Approved August 18, 1923. APPROPRIATION TO REIMBURSE MEMBERS OF THE RAILROAD COMMISSION FOR MONIES EXPENDED IN 1921. No. 21. A RESOLUTION To reimburse Paul Trammell, J. D. Price, John T. Boifeuillet, J. A. Perry and C. M. Candler, members of the Railroad Commission of Georgia, for money expended by them as contingent expenses of said commission. Whereas, During the year 1921 when the Railroad Commission of Georgia had before it the question of the revision of the rates of the gas department of the Georgia Railway Power Company, it became necessary for the said commission to have audit of the books and business of said gas department made to aid said commission in the making of rates for said gas department; and, Preamble. Whereas, There was not sufficient contingent funds available for the procuring of competent persons to make said audit at that time, and in order to procure the same the members of said commission, namely: Paul B. Trammell, Page 889 J. D. Price, John T. Boifeuillet, J. A. Perry and C. M. Candler, paid out of their individual funds to Messrs. Haskins Sells, public accountants, the sum of twentyfive hundred dollars to have said audit made, each of the said commissioners paying the sum of five hundred dollars, which sums have never been repaid to them; and, whereas, said expenditure was a legal and proper expenditure by said commission, and would have been paid by the State out of the contingent fund appropriated for said purpose but for the fact that said fund was insufficient at that time for said purpose; and, Whereas, Under the Act of the General Assembly of the State of Georgia, approved August 21st, 1922, changing the name of the Railroad Commission of Georgia to the Georgia Public Service Commission, and also providing for the payment of special fees by the public service corporations of said State for the maintenance of said Georgia Public Service Commission, there is now in the treasury of said State, arising from the collection of said special fees, a sufficient fund to pay all the expenses of said Public Service Commission for the present year, and also to pay the expense of said audit, Therefore be it resolved by the General Assembly of the State of Georgia, That the said Paul B. Trammell, J. D. Price, John T. Boifeuillet, J. A. Perry and C. M. Candler be paid out of the fund now in the treasury to the credit of said Georgia Public Service Corporation arising from the collection of special fees from the public service corporations of said State, the said sum of twentyfive hundred dollars, so expended by them as aforesaid, and that the Governor of Georgia is authorized to draw his warrants on said fund in favor of the commissioners above named for said sums. Payment, how made. Approved August 14, 1923. Page 890 APPROPRIATION FOR STENOGRAPHER OF HOUSE APPROPRIATIONS COMMITTEE. No. 38. A RESOLUTION. Whereas, It is necessary in preparing proper appropriation bills to be submitted to the House by the Appropriations Committee to employ the services of a competent stenographer, Preamble. Therefore be it resolved by the House of Representatives, the Senate concurring, That the sum of seventy-five ($75.00) dollars or so much thereof as may be necessary be and the same is hereby appropriated to the Appropriations Committee of the House for the purpose of employing a stenographer to do such work under the supervision of the chairman of said Appropriations Committee and under the supervisions and directions of said committee. Appropriation. Approved July 18, 1923. APPROPRIATION FOR STENOGRAPHER FOR HOUSE WAYS AND MEANS COMMITTEE. No. 75. A RESOLUTION. Be it resolved by the House, the Senate concurring, That the chairman of the Ways and Means Committee be and he is hereby authorized to employ a stenographer to assist in the preparation of the general revenue bill, and for that purpose the sum of seventy-five dollars is hereby appropriated. Stenographer to be employed, appropriation. Approved July 19, 1923. Page 891 APPROPRIATION FOR UPKEEP OF PUBLIC BUILDINGS AND GROUNDS; COMMITTEE. No. 149. A RESOLUTION. Whereas, The Public Building and Grounds Fund has been reduced to an amount of about five thousand dollars, and Preamble. Whereas, This amount is not sufficient to defray the expenses of the upkeep of the Public Buildings and Grounds for the remainder of this year, Therefore, be it resolved by the House of Representatives, the Senate concurring, That the sum of fifteen thousand dollars ($15,000.00), or so much thereof as may be necessary, be and the same is hereby appropriated for the upkeep fund of the Public Buildings and Grounds for the remainder of the year 1923; this in addition to the amount already appropriated to said fund; and the Governor is hereby authorized to draw warrants for the same to be paid out of any funds in the treasury of the State not otherwise appropriated. Appropriation. Be it further resolved, That a committee of five, three from the House and two from the Senate, be appointed by the Speaker of the House and President of the Senate, respectively, to make a through examination and investigation of the physical condition of the State capitol building, and the practicability and advisability of utilizing the first floor of said capitol building for offices in order to save expense to the State of the rental of outside buildings for offices, and report to the 1924 session of the General Assembly their findings with such bill as will remedy the conditions as found by such committee. Committee to investigate. Approved August 18, 1923. Page 892 ATLANTIC COAST LINE RAILROAD; TRANSFER OF TITLE BY STATE. No. 29. A RESOLUTION. Whereas, The State of Georgia owns lands south of the yards of the Atlantic Coast Line Railroad Company, a corporation incorporated under the laws of the State of Virginia, and adjoining said railroad company's right-of-way, in East Albany, Ga., which land is a part of what is known as the sand hills on the east side of Flint River, and which land is now being occupied by the Georgia Normal and Industrial School, at Albany, Ga., which is a part of the State School System, and, Preamble. Whereas, The portions of said land hereinafter described are not used for school purposes or anything else, and are of no practical value whatever to said school, and, Whereas, Said Atlantic Coast Line Railroad Company wishes to buy from the State of Georgia, in whom the title to said property now is, the portion of said land hereinafter described, above referred to, consisting of nineteen hundredths of an acre of said land, and is willing to pay a fair price to said school or to the State of Georgia for said two small strips of land referred to above, said lands being some distance from the buildings and grounds on which said school is now located, and said strips of land being entirely unnecessary for the proper management and conduct of said school, and, Whereas, On the 17th day of May, 1923, the local board of trustees of said school passed a resolution to the effect that the sale of said two small strips of land above mentioned to said railroad will in no way interfere with the proper management and conduct of said school, the same being unnecessary for that purpose, and also being only a sand bed and of little value, and that it was the sense of said board that the proper authorities be, and they were Page 893 thereby, authorized to negotiate with and dispose of said two small strips of land to said railroad company at a fair valuation, and that, if it was necessary, in order to perfect titles to said two strips of land, to procure an Act of the Legislature for that purpose, authorizing and directing some person to make, execute and deliver proper title deeds to said railroad company, on the cousummation, if that be done, of the sale of said two strips of land to said railroad company, that the Representative of Dougherty County, Georgia, in the Legislature of Georgia be and he was thereby requested to draw and get the same passed in the Georgia Legislature at its next session, an Act authorizing the sale of said two strips of land to said railroad company in compliance with the law in such cases, as may be necessary to convey to said railroad company a good fee simple title to the same; therefore Be it resolved by the House of Representatives, the Senate concurring, That the Governor of the State of Georgia be and he is hereby authorized and directed to execute in the name and behalf of the State of Georgia a fee simple deed to the two strips of land referred to upon the payment by said railroad to the State of Georgia of the sum of one hundred and fifty dollars ($150.00); the said two strips of land above referred to being more particularly described as follows: Governor to grant in fee simple upon payment of. Parcel No. 1. A triangular strip of land beginning at the intersection of the south line of the A. C. L. Railroad Company's old depot lot (now section grounds) with the west line of a tract of land conveyed by James M. Tift to said railroad company by deed dated September 24th, 1903, recorded in deed book 13, page 440, Dougherty County, Ga., thence southwardly with the west line of said tract of land 100 feet to a point in a dividing line between lands of said railroad company and the Georgia Normal and Industrial School, distant 543.7 feet northwestwardly from the north and south line between land lots 268 and 239, first district of said county, as measured along said dividing line, thence Page 894 northwestwardly in a prolongation of said dividing line 165 feet, more or less, to the south line of said old depot lot, thence eastwardly with the south line of said old depot lot 140 feet to the beginning, containing sixteen-hundredths (0.16) of an acre, more or less. Parcel number one. Parcel No. 2. A triangular strip of land beginning at a point in the south line of the right-of-way of the A. C. L. Railroad at its intersection with the dividing line between lands of the Georgia Normal and Industrial School, and lands now or formerly owned by C. M. Shackelford, said point being fifty (50) feet southwestwardly as measured radially from the center line of said railroad, thence southeastwardly with said right-of-way line concentric with and fifty (50) from said center line 105 feet, more or less, to the west line of a thirty (30) foot street, thence southwardly with the west line of said street twenty-five (25) feet, thence northwestwardly in a direct line 110 feet to the point of beginning, containing three-hundredths (0.03) of an acre, more or less. Parcel number two. Approved August 11, 1923. ATWATER, E., RELIEF AS SURETY, REIMBURSED FOR EXECUTION PAID. No. 43. A RESOLUTION. Whereas, Henry Thomas was upon accusations in the city court of Oglethorpe, at the July term, 1920, thereof, charged with stabbing and with being drunk at a private home and was set at liberty upon two bonds being signed by E. Atwater for $100.00 each; and, Preamble. Whereas, Said Henry Thomas was required by the said two bonds to be and appear in the city court of Oglethorpe at the July term, 1920, and from term to term thereafter until said case was disposed of; and, Page 895 Whereas, The said E. Atwater as said bondsman, had the said Henry Thomas present at the said July term, 1920, to answer said charges, but the same were continued by the solicitor, and when said cases were called at the October term, 1920, said Henry Thomas failed to appear; and, Whereas, At said October term, 1920, the said solicitor called both cases and upon the said Henry Thomas failing to answer, both of said bonds were forfeited and rules absolute granted thereon at the October term, 1921; and, Whereas, After the said rule absolute was granted on each of said bonds, the said E. Atwater, the bondsman, spent considerable money and time locating his said principal, the said Henry Thomas, and after many months of diligent work, did at the January term, 1922, produce the said Henry Thomas into court and he pleaded guilty to the crime of stabbing, and was sentenced to six months in the chain gang, but would be relieved from serving upon the payment of a fine of $40.00 to include costs, and being unable to pay the fine served the six months in the chain gang in Macon County, Georgia; and, Whereas, The next term, to wit, the March term, 1923, the said case for being drunk at a private home was nol prossed on motion of the Honorable Jno. B. Guerry, solicitor of said court; and, Whereas, On June 29th, 1922, the said E. Atwater, bondsman in the two cases herein referred to, paid the executions of $100.00 each plus the sum of $15.00 each taxed as costs in each case, making a total of $230.00 paid in satisfaction of the executions issued upon the said forfeitures. Therefore be it resolved by the House of Representatives, the Senate concurring, That inasmuch as the purpose for which said bonds were made has been fully accomplished, that the county authorities of Macon County, Georgia, be and they are hereby authorized and directed to pay to the said E. Atwater the Page 896 sum of $230.00 from the funds arising from the fines and forfeitures of the city court of Oglethorpe, to reimburse him for the said sums so paid by him on account of said bonds. Authorization to pay. Approved August 15, 1923. BLANKENSHIP, E. U., AND BELL, J. O.; RELIEF AS SURETIES. No. 17. A RESOLUTION. Whereas, E. U. Blankenship and J. O. Bell of Newton County, State of Georgia, became surety on the bond of Roland Blankenship, charged with a misdemeanor in the superior court of Newton County; and, whereas, said Roland Blankenship failed to appear when his case was called and his bond was forfeited and a rule absolute was issued against Roland Blankenship, principal, and E. U. Blankenship and J. O. Bell, security, for the sum of two hundred fifty dollars, the amount of said bond; and, Preamble. Whereas, Afterwards the said E. U. Blankenship and J. O. Bell at their own expense had the said Roland Blankenship apprehended and delivered to the sheriff of Newton County, and said Blankenship was tried in said court and finally convicted, Now, therefore be it resolved by the General Assembly of the State of Georgia, That the said E. U. Blankenship and J. O. Bell, surety as aforesaid, be relieved from the payment of said bond of two hundred fifty dollars, and that the clerk of the superior court of Newton County is hereby authorized and instructed to enter the execution on said rule absolute cancelled and satisfied of record. Provided, the said bondsmen shall not be relieved of the payment of costs on the bond forfeiture. Relief as sureties on. Approved August 11, 1923. Page 897 BOQUINE, S. W., AND COUNCIL, WILL; RELIEF AS SURETIES. No. 138. A RESOLUTION For the relief of S. W. Boquine of Brooks County, Georgia, and Will Council of Brooks County, Georgia, securities on a bond of Buster Roberts, forfeited in the superior court of Colquitt County, Georgia, and rule absolute issued thereon at the May term, 1923. Whereas, Buster Roberts was arrested for the crime of a misdemeanor and gave bond to appear at the superior court of Colquitt County for the offense of drunkenness on the highway; and, Preamble. Whereas, The bond in said case was two hundred dollars and was signed by S. W. Boquine of Brooks County, Georgia, and Will Council of Brooks County, Georgia, Whereas, The said bond was forfeited at the January term, 1923, of the superior court of Colquitt County and scire facias was served upon securities on said bond, Whereas, A rule absolute and final judgment was issued and entered upon said bond at the April term, 1923, of the superior court of Colquitt County, Whereas, Since entering the judgment on the rule absolute the securities aforesaid upon said bond did arrest and deliver over to the sheriff of Colquitt County, to answer to said charge against him in the court aforesaid, and he is now in the custody of the sheriff of Colquitt County, Georgia, Therefore be it resolved by the House of Representatives, the Senate concurring, that the clerk of the superior court of Colquitt County, Georgia, and the sheriff of Colquitt County, Georgia, be and they are hereby directed to surrender up and cancel the execution issued upon the forfeiture and rule absolute upon the above bond upon the Page 898 payment by the securities herein named of all costs accruing by reason of said forfeiture nisi, and that they be relieved of the payment of the sum named in the bond. Relief as sureties on. Approved August 15, 1923. CRUMMEY, J. W.; RELIEF AS SURETY. No. 56. A RESOLUTION. Whereas, J. W. Crummey, on 23d day of August, 1922, became bail for the appearance of Joe Widincamp to answer final judgment on a motion for a new trial set 27th day of April, 1923, pending in the city court of Jesup, Wayne County, Georgia, based upon a conviction of Joe Widincamp for a misdemeanor, which said bond was forfeited by reason of his non-appearance at the time specified in said bond to answer the final judgment of said court in said motion for a new trial, which was denied; and, whereas, execution was issued upon said forfeiture of said bond for the principal sum of six hundred dollars ($600.00) and costs; and, whereas, the said Joe Widincamp was afterwards on the first day of August, 1923, surrendered to the sheriff of Wayne County, and at the same time the said Joe Widincamp files an extraordinary motion for a new trial, which was approved by the judge of said city court of Jesup, and that the same has been set to be heard on 18th day of August, 1923, and that bail has been ordered for the said Joe Widincamp and a new bond has been made and accepted by the sheriff of the city court of Jesup, and of Wayne County, for the said Joe Widincamp to answer the final judgment in the hearing of the extraordinary motion for a new trial, Preamble. Be it resolved by the Senate and the House of Representatives, That inasmuch as the purpose for which the said bond was made is fully accomplished, that the said J. Page 899 W. Crummey be relieved of the liability on said execution issued on said forfeiture; Provided, however, that the said J. W. Crummey, the surety on said bond, shall have paid all costs in forfeiting said bond. Relief of sureties on. Approved August 18, 1923. FREE POSTAL FACILITIES FOR STATE COMMISSIONER OF AGRICULTURE FOR EACH STATE. No. 67. A RESOLUTION Memorializing the Congress of the United States to enact appropriate legislation allowing all postal cards and printed literature to and from commissioners of agriculture in the different States, passage through the mails and delivery by employees of the United States Post Office Department free from any charge of postage. Preamble. Whereas, Agriculture is the chief foundation of all material prosperity in this country and is now in a greatly depressed condition; and, Whereas, Transportation through the mails and delivery of communication and printed literature pertaining to agriculture or agricultural products mailed to or by those in charge of the agricultural departments of the different States free from any charge of postage would greatly aid in the sale of farm products and lands and otherwise aid in the promotion of prosperity in agriculture, Therefore, the House of Representatives from Georgia, the Senate concurring, do resolve: (1) That our Senators and Representatives from Georgia in the Congress of the United States be and they are hereby memorialized to have the Congress enact appropriate legislation whereby postal cards and printed literature Page 900 pertaining to agriculture or agricultural products may be sent through the mails and delivered by the employees of the Post Office of the United States, without any charge for postage. Free postage on, pertaining to agriculture. (2) That duly certified copies of these preambles and resolutions be immediately transmitted by the Secretary of State upon the passage, approval and filing of same in his office, to each of the Senators and members of the House of Representatives from this State in the Congress of the United States. Copies to. Approved August 11, 1923. GENERAL ASSEMBLY; ADJOURNMENT; CERTAIN MEMBERS REMAIN FIVE DAYS AFTER. No. 187. A RESOLUTION. Resolved by the House of Representatives, the Senate concurring, That the Speaker of the House of Representatives and the President of the Senate, the Clerk of the House of Representatives and the Secretary of the Senate be and are hereby authorized to remain at the capitol five days after the adjournment of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time. Speaker of House, President of Senate and Clerks to remain after adjournment. Resolved, That the chairmen, respectively, of the Enrollment and Auditing Committees of the House and Senate, together with the members of the Senate Enrollment Committee and eight members of the House Enrollment Committee, to be designated by the chairman thereof, and two members of the House Auditing Committee and two members of the Senate Auditing Committee, to be designated by the chairmen thereof, and the chairman of the Page 901 House Engrossing Committee and four members of the House Engrossing Committee, to be designated by the chairman thereof, and the chairman and two members of the Senate Engrossing Committee, to be designated by the chairman thereof, be and they are hereby authorized to remain at the capitol five days after the adjourned General Assembly for the purposes of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Others to remain. Resolved, further, That the postmistress of the House be and she is hereby authorized to remain at the capitol five days after the adjournment of the General Assembly for the purposes of distributing and forwarding members' mail, and that she be allowed her per diem for said time. Postmistress. Resolved, further, That three porters of the House and two porters of the Senate be and they are hereby authorized to remain at the capitol five days after the adjournment of the General Assembly, and that they be allowed their per diem for said time. Porters. Approved August 15, 1923. GENERAL ASSEMBLY; EACH MEMBER TO RECEIVE LIST OF UNFINISHED BUSINESS. No. 186. A RESOLUTION. Resolved by the House, the Senate concurring, that E. B. Moore, Clerk of the House, and Devereaux F. McClatchey, Secretary of the Senate, be instructed to prepare, publish and mail to each member of the General Assembly a statement showing the status of all unfinished business of this session at the time of its adjournment. Approved August 15, 1923. Page 902 HALF-FARE TRANSPORTATION FOR CONFEDERATE VETERANS. No. 50. A RESOLUTION To allow railroads, steamship companies and all common carriers of Georgia to sell at one-half fare transportation privileges to all Confederate veterans, and for other purposes. Preamble. 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 it shall be lawful for all railroads, steamship companies and common carriers within the State of Georgia to sell tickets and transportation privileges to Confederate veterans at one-half of the usual fare. One-half fare to Confederate Veterans. Sec. 2. Be it further enacted by authority aforesaid, That the Public Service Commission be and is hereby instructed to formulate, prescribe and publish all suitable, needful and necessary rules to put this Act into immediate effect. Enforcement of Act. Sec. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1923. INDIAN SPRING RESERVE; APPOINTMENT OF LEASING COMMISSION. No. 39. A RESOLUTION. Whereas, The State of Georgia did lease to L. W. and George Collier a plat or parcel of land containing ten (10) acres, known as the Indian Spring Reserve, in the year Page 903 1890, for the sum of one hundred ten ($110.00) dollars per annum for a period of twenty-five (25) years with the privilege of renewal; and, Preamble. Whereas, The said lease on said Indian Spring Reserve has expired, the same being renewed and is now owned by the said T. W. Hooks of Macon, Bibb County, Georgia; and, Whereas, The Wigwam Hotel being built on the said Indian Spring Reserve, the same having been burned during the month of August, 1921, leaves no improvement on said reserve except what is known as the Casino and one other small structure; and, Whereas, The said T. W. Hooks does not care to further improve, rebuild or maintain the said reserve; and, Whereas, The grounds, buildings and approaches on said reserve are fast falling into decay, from the fact that no one has the legal authority to make any improvement except the said T. W. Hooks; therefore be it Resolved by the House of Representatives, the Senate concurring, That His Excellency, the Governor, appoint one man, the said T. W. Hooks appoint one man, the two to select the third man, the said three men to constitute a board of arbitration empowered to enter into a contract of arbitration. That the amount agreed upon by the said board of arbitration shall be paid out of the contingent fund of the State, the said amount representing the holdings of the said T. W. Hooks, less six hundred ($600.00) dollars' worth of property to be left on said reserve, the same being stipulated in the original lease, dated July 15th, 1890. That the said amount taken from the contingent fund shall be refunded with the funds arising from the re-lease or rental of the said Indian Spring Reserve; and be it further Board of arbitration. Contingent fund of State. Resolved, That His Excellency, the Governor, appoint a commission of three members without compensation except the actual expenses which shall be paid from the fund arising from the rental or re-lease of the said Indian Page 904 Spring Reserve. That the said commission be empowered to offer and negotiate for the leasing or renting of the said Indian Spring Reserve, all of which shall be subject to the approval of His Excellency, the Governor, and the Attorney-General; and be it further Lease. Resolved, That the lease or rental of the said Indian Spring Reserve be awarded to the best and highest bidder, that the term of lease be not less than twenty-five (25) years, nor more than fifty (50) years with privilege of renewal at the expiration of the years agreed upon by said commission and lessee; and be it further Leased to highest bidder. Resolved, That there shall be erected on said Indian Spring Reserve a public bath house not to exceed one hundred and sixty (160) feet from the center of the spring, the said spring being on said reserve and near the center of the reserve, charges for furnishing sulphur baths shall be agreed upon by commission and lessee; and further Public bath house. Resolved, That His Excellency, the Governor, be directed to take such steps as may be appropriate or necessary to terminate the present lease contract existing between the State and the said T. W. Hooks. Approved August 20, 1923. INSPECTION OF STATE INSTITUTIONS, AND REPORTS. No. 110. A RESOLUTION. Whereas, It has been the custom of the General Assembly to visit and inspect through its standing committees certain State institutions for which these committees have been appointed, either during or between the annual sessions of this body; and, Preamble. Page 905 Whereas, Pending legislation to be acted upon at the present session, with only a few days thereof remaining, demands the presence of all the members at this time and during the remainder of the present session of the General Assembly, be it therefore resolved by the House, the Senate concurring, that the several State institutions of which standing committees are appointed, shall be visited and thoroughly inspected during vacation between the sessions of 1923 and 1924 of this Assembly by sub-committees of these general standing committees, said sub-committees to be made up as follows: For the State Farm, State University and State Sanitarium, ten from the House and five from the Senate Committees, with chairmen and vice-chairmen of such standing committees; the sub-committees of the remaining institutions to be composed of three members from the House and two from the Senate standing committees with the chairmen and vice-chairmen of these standing committees; said sub-committeemen to be appointed by the chairman of the respective standing committees, that when these inspections begin the same shall be done with as much haste and dispatch as is consistent with good and thorough service, and each member of said sub-committees making such inspection shall receive his usual per diem of $7.00 with actual traveling expenses, the latter to be submitted to the treasurer with itemized statement of the same. Resolved, further, That reports of such visits and inspections shall be made and submitted to the respective bodies of the General Assembly by the chairman of each of the several standing committees making such visits and inspections. Reports to be made. Approved August 20, 1923. Page 906 JUNIOR ORDER UNITED AMERICAN MECHANICS; LOCATION OF ORPHANS' HOME. No. 94. A RESOLUTION. Whereas, The National Council of the Junior Order United American Mechanics is to build at an early date an Orphans' Home in the South to cost approximately $500,000; and, Preamble. Whereas, The City of Marietta, in the County of Cobb, has offered to the National Council as aforesaid a tract of 200 acres of land on which to locate the Orphans' Home; therefore, be it Resolved by the House of Representatives, the Senate concurring, That the National Council of the Junior Order United American Mechanics be and they are hereby invited and requested to locate the Orphans' Home, which they have under contemplation, in this State. Approved August 11, 1923. LEE, E. B., AND FERGUSON, E. S.; RELIEF AS SURETIES. No. 166. A RESOLUTION. Whereas, Joe Hayslip was arrested on the charge of distilling and having whiskey and gave bond for $750.00 conditioned on his appearance for trial in Lee superior and city court of Leesburg, which bond was signed by E. B. Lee and E. S. Ferguson, securities; and, Preamble. Whereas, Said bond was forfeited and judgment obtained and on May term, Lee superior court, execution issued against said sureties, who in the meantime offered reward for the capture of said Joe Hayslip; and, Page 907 Whereas, The said Joe Hayslip was captured and later plead guilty, and is now serving sentence imposed by the court, 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. B. Lee and E. S. Ferguson, be relieved of all liability on said execution and judgment and the clerk of the city court of Leesburg and of the Lee superior court of Lee County is hereby authorized and directed to mark said execution satisfied and to cancel the same from the records in said county, upon payment of all cost. Sureties released. Approved August 15, 1923. NAVAL RECORD OF THE CONFEDERATE STATES OF AMERICA. No. 13. A RESOLUTION. Whereas, There were about 6,500 sailors in the navy of the Confederate States of America, averaging five hundred from each State, the records of whose enlistment, service and discharge were destroyed when Richmond was evacuated; and, Preamble. Whereas, It is with great difficulty that their dependents and survivors secure pensions or gain admission to soldiers' without such records; and, Whereas, There are to be found among the families of their descendants valuable papers consisting of official documents, letters and other data that will enable those records to be established; and, Whereas, Admiral A. O. Wright is now engaged in rescuing such records, which, when recovered, are to be placed Page 908 in the archives of the State, alongside those of the Confederate soldiers on file there, Therefore be it resolved by the Senate, the House of Representatives concurring: 1st. That the efforts of Admiral Wright and his surviving shipmates of the Confederate Navy to rescue such records be endorsed and commended to the consideration and support of the people of Georgia. Rescue of records. 2d. That the municipal and patriotic organizations of the State of Georgia be requested to assist Admiral Wright on tag days and other methods to raise the necessary funds for that purpose. In order that this work may be thorough we request that all county officials and all benevolent organizations make a full investigation in their respective localities to ascertain all that can be learned whether or no there has ever lived among them a Confederate sailor, and if so advise the authorities in order that his case may be investigated and his record established. Tag days to raise funds. 3d. That a copy of these resolutions be sent to Admiral Wright. Approved August 11, 1923. PROTECTION AGAINST MEXICAN BEAN BEETLE. No. 89. A RESOLUTION. Whereas, The State of Florida has quarantined against Alabama, Georgia, Kentucky, North Carolina, South Carolina and Tennessee prohibiting the shipment of green peas and green beans into said State on account of the alleged prevalence of the Mexican bean beetle, Preamble. Page 909 Therefore be it resolved, That the Georgia State Board of Entomology take speedy steps to determine the true status of affairs as to the justice of the said Florida quarantine. Investigate Florida quarantine. Be it resolved, That should our Board of Entomology deem it expedient that the said department be requested to quarantine against the State of Florida prohibiting the shipment of green peas and green beans into the State of Georgia, protecting our interests against the bean beetle. Power to quarantine Florida. Approved August 20, 1923. SEMINOLE SUPERIOR COURT FURNISHED GEORGIA REPORTS, CODES AND ACTS. No. 105. A RESOLUTION. Whereas, The temporary courthouse of Seminole County was destroyed by fire during the month of March, 1922, and all books, including Codes, Georgia Supreme Court reports, Georgia Court of Appeals reports and Acts of Legislature in office were thus consumed. Preamble. Be it therefore resolved by the General Assembly of Georgia, That the State Librarian be and she is hereby directed to furnish to the clerk of the superior court of Seminole County, out of the stock now on hand, complete sets of the preliminary volumes and Georgia reports, Court of Appeals reports and Acts of the Legislature and Parks' Annotated Code of Georgia except those sent said clerk of superior court since March, 1922. State Librarian to furnish Approved August 15, 1923. Page 910 STEWART SUPERIOR COURT FURNISHED GEORGIA REPORTS, CODES AND ACTS. No. 123. A RESOLUTION. Whereas, The courthouse of Stewart County was destroyed by fire on April 21st, 1922, and all law books, including Codes of Georgia, Supreme Court reports and Court of Appeals reports and Acts of the Legislature were thus consumed by fire, Preamble. Be it therefore resolved by the General Assembly of Georgia, That the State Librarian be and she is hereby directed to furnish to the clerk of the superior court of Stewart County and the ordinary of Stewart County out of the stock now on hand complete sets of the Georgia reports and the reports of the Court of Appeals and the Codes of Georgia and all Acts of the General Assembly up to and including the year 1921. State Librarian to furnish. Approved August 18, 1923. WHITELEY, J. W., FITZPATRICK, C. R., DAVENPORT, C. S., AND GUNN, J. F.; RELIEF AS SURETIES. No. 117. A RESOLUTION. Whereas, J. W. Whiteley, C. R. Fitzpatrick, C. S. Davenport and J. F. Gunn did become bail for the appearance of Hoyt Chapman, white, at the April term, 1923, of the superior court of Warren County, Georgia, in a case pending in said court against the said Hoyt Chapman, charging him with the offense of forgery, which said bond was for the principal sum of five hundred ($500.00) dollars; and, Preamble. Page 911 Whereas, By reason of the non-appearance of said Hoyt Chapman, said bond was forfeited and a rule absolute was entered and execution was issued for the principal sum of five hundred ($500.00) dollars and cost, which was then and there paid by the said J. W. Whiteley, C. R. Fitzpatrick, C. S. Davenport and J. F. Gunn, sureties aforesaid, It is therefore resolved by the House of Representatives, the Senate of the State of Georgia concurring, That the authority of said superior court of Warren County, collecting and paying out the fines and forfeitures in said superior court, are hereby authorized and directed from said fines and forfeitures in said superior court to pay the said J. W. Whiteley, C. R. Fitzpatrick, C. S. Davenport and J. F. Gunn the said sum of five hundred ($500.00) dollars and all costs paid by them on said foreclosure and rule to reimburse them the sum paid by them as aforesaid on account of forfeiture of said bond and said J. W. Whiteley, C. R. Fitzpatrick, C. S. Davenport and J. F. Gunn shall stand on the same priority in collecting and receiving said five hundred ($500.00) dollars from said fund or fines and forfeitures in said superior court as the other officers of said court, to wit: solicitor-general, clerk and sheriff. Sureties released. Approved August 15, 1923. Page 913 TREASURER'S REPORT Page 914 SHOWING RECEIPTS AND DISBURSEMENTS AT THE STATE TREASURY FOR THE YEAR ENDING DECEMBER 31, 1922. RECEIPTS. Dr. 1922 Dr. 1921 To Balance in the Treasury $ 1,727,866.35 $ 1,024,801.15 Abstract Companies Tax 63.90 18.90 Adding Machine Companies 1,080.00 855.00 Adjustment Bureaus 45.00 Advertising Agents 1,494.00 135.00 Agencies 1,620.00 1,764.00 Amusement Parks 243.00 90.00 Artists 810.00 765.19 Athletic Clubs 315.00 432.00 Auctioneers 1,597.50 967.50 Automobile Agents 28,904.28 32,855.11 Automatic Sprinklers 45.00 Auto Assembling Plants 540.00 202.50 Awning and Tent Makers 175.50 216.00 Auto Accessories 4,770.00 Back Taxes 38,227.02 101,169.60 Barbers' Schools 40.50 27.00 Barbers' Shops 12,840.21 7,666.48 Barbers' Supplies 315.00 157.50 Beauty Parlors 541.11 Bee License Tax 375.00 Bicycles 765.00 1,336.50 Billiards and Pool 35,415.00 39,474.18 Bill Posters 612.90 324.90 Book Agents 4.50 4.50 Bond Makers 742.50 225.00 Bottlers 1,102.50 6,669.00 Brokers (S. S.) 3,465.00 8,100.00 Burglar Alarms 22.50 22.50 Bill Distributors 22.50 Cafes and Restaurants 2,092.50 Carbonic Acid Gas 25,618.80 Card Writers 4.50 22.50 Cars for Hire 5,808.69 5,343.02 Cash Registers 630.00 810.90 Cemetery Agents 243.00 315.00 Cigar Dealers (W. R.) 2,124.00 Cigar Makers 211.50 45.00 Cigarette Dealers 107,586.03 119,456.02 Clerks' Court of Appeals 2,230.83 123.75 Carpet Cleaners 18.00 Coal and Wood Dealers 2,889.00 3,695.39 Cold Storage Tax 9,135.00 6,300.00 Construction Companies 1,247.69 5,705.66 Contractors 2,892.29 3,490.59 Corporation Tax (ad valorem) 83,585.05 90,972.73 Cost on Fi. Fas. 30.00 29.50 Chiropodists 9.00 Dance Halls 427.50 226.72 Detective Agents 765.00 157.50 Directory Tax 180.00 202.50 Dividends from Stocks 2,782.00 2,782.00 Dry Cleaners 765.00 1,062.00 Electrical Contractors and Electricians 450.63 396.00 Electric Shows 7,505.73 7,925.60 Electric Shows Supplies 1,665.00 157.50 Employment Agencies 585.00 225.00 Equipment Companies' Tax 3,136.43 2,415.98 Express Companies' Tax 3,288.57 2,707.71 Fees from Fertilizers 165,126.74 61,530.85 Fees from Pure Food 44,440.80 40,921.05 Forest Reserve Fund 1,578.97 1,410.69 Fuel Oil Tax 739,188.55 113,662.87 Games 310.50 562.50 Game Protection Fees 5,000.00 5,000.00 Garages 5,678.58 8,185.11 General Tax 5,256,559.93 5,464,600.35 Health Com. Fees 30.00 90.00 Hotels 5,745.05 Ice Cream Dealers, wholesale 549.00 508.50 Inheritance Tax 282,813.74 327,265.32 Insolvent General Tax 38,132.75 21,644.05 Insolvent Poll Tax 1,804.36 2,993.17 Insurance Agents 29,929.50 29,142.00 Insurance Fees 56,883.00 56,878.00 Insurance Tax by Companies 592,049.72 659,825.47 Implement and Machinery Mfgs. and Agents 760.00 760.00 Interest from Depositories 21,833.40 15,209.68 Interest from Tax Collectors 6,240.39 5,048.00 Junk Dealers 1,435.50 1,954.62 Land Title Registration Fees 127.08 6.00 Laundries 769.50 Lease Indian Spring 110.00 Lenders on Wages 4,590.00 1,260.00 Lighting Plants 113.40 247.50 Lightning Rods 27.00 162.00 Live Stock Dealers 1,755.00 2,299.50 Loan Agents 1,152.00 1,881.00 Lumber Dealers 220.50 666.35 Manufacturers Soft Drinks 9,316.22 6,263.17 Merchandise Brokers 2,587.50 5,715.00 Money Refunded 3,047.37 1,230.80 Monument Dealers 702.00 946.18 Motorcycles Dealers 180.00 270.00 Motor Vehicle Fees 1,831,274.69 1,702,103.59 Musical Dealers 5,193.41 4,846.72 Occupation Tax (Capital) 242,296.41 250,784.70 Office Fees 3,841.00 7,973.42 Oil Fees 640,710.70 212,792.92 Oyster and Shrimp Packers 517.50 157.50 Patented Articles 22.50 Palmists 1,327.50 1,327.50 Pawnbrokers 9,810.00 8,955.00 Peddlers 7,515.00 3,442.50 Pensions Refunded 94,667.74 14,161.94 Picture Frame Dealers 9.00 13.50 Pistols and Cartridges 11,592.00 11,844.38 Playing Card Dealers 3,114.00 3,735.34 Poll Tax 344,155.54 291,673.71 Printing Brokers 27.00 27.00 Public Service Com. Fund 16,455.52 Pumping Systems 90.00 54.00 Pressing Clubs 2,322.61 Railroad News Companies 1,350.00 1,800.00 Railroad Tax 518,964.91 518,730.58 Real Estate Agents 4,648.50 3,465.00 Rental Mansion Property 11,666.65 Rental Public Property 7,645.00 8,340.00 Rental W. A. Railroad 540,000.00 540,000.00 Rinks 22.50 157.50 Swimming Pools 225.00 Safes and Vaults 540.00 360.45 Sale of Farm Products Sale of Public Property 1,049.07 67.72 Sale of Acts 494.36 1,084.63 Sale of Codes 594.05 204.62 Sale of Court of Appeal Reports 1,214.70 1,072.55 Sale of Records 71.95 Sale of Refunding Bonds 174,159.13 Sale of Supreme Court Reports 1,934.97 635.40 Sale of W. A. Rental Warrants 2,297,586.21 Sanitariums 1,260.00 1,260.00 Sewing Machine Agents 1,600.00 1,720.00 Sewing Machine Companies 800.00 1,600.00 Show Tax 6,322.07 12,582.60 Sleeping Car Companies 6,108.75 6,657.99 Slot Machines 1,476.00 1,712.50 Soda Fount Tax 5,278.77 5,711.00 Specialists 22.50 49.50 Steamboat Companies 16,134.78 17,330.87 Street Railroad Tax 98,930.62 90,868.53 Stevadores 360.00 Teachers Agencies 135.00 157.50 Telegraph Companies Tax 15,520.00 12,455.95 Telephone Companies Tax 54,230.34 49,793.88 Temporary Loan 500,000.00 500,000.00 Traders 513.00 990.00 Trucks, (G. O.) 5,004.00 5,395.50 Typewriter Agents 1,985.18 819.00 Trading Stamps 45.00 Undertakers 4,414.50 5,827.50 Used Car Dealers 792.69 540.00 Vital Statistic Fees 48.10 Warehouses 3,384.00 3,951.00 Waterworks 22.50 22.50 Weighing Scales 610.20 596.25 Wild Lands Sale 508.05 863.36 Total Receipts During the Year $ 12,889,801.22 $ 13,904,607.42 Agregate, Including Balance $ 14,617,667.57 $ 14,929,408.57 Page 918 SHOWING RECEIPTS AND DISBURSEMENTS AT THE STATE TREASURY FOR THE YEAR ENDING DECEMBER 31, 1922. DISBURSEMENTS. Cr. 1922 Cr. 1921 By Academy for Blind $ 39,333.37 $ 36,666.63 Agricultural Schools 202,648.00 239,500.00 Albany Normal School (for colored) 15,000.00 15,000.00 Binding Journals 550.00 Board of Health 91,431.00 90,590.00 Board of Public Welfare 15,350.81 Bowdon State N. I. College 15,000.00 Civil Establishment 438,985.46 438,228.93 Coastal Plains Experiment Station 25,825.64 20,000.00 College for Colored 24,170.00 20,000.00 Contingent Fund 30,470.85 51,389.02 Contingent Fund Commerce and Labor 934.76 1,200.00 Contingent Fund R. R. Commission 3,000.00 3,000.00 Contingent Fund, Supreme Court 2,020.48 3,247.75 Contingent Fund Court of Appeals 2,443.06 899.74 Clerks Cost Supreme Court 490.00 691.25 Department of Agriculture Insecticides and Fungicides 5,000.00 (a) Maintenance 12,500.81 17,000.00 (b) Pure Food 8,753.48 6,250.00 (c) Chemicals 16,098.93 13,000.00 (d) Contagious Diseases 4,970.35 10,000.00 (e) Hog Cholera Serum 15,986.71 17,000.00 (f) Inspectors' Salary, etc. 29,818.24 29,999.13 (g) Tick Eradication 23,977.79 25,000.00 (h) Veterinarian Expenses 2,267.72 1,618.00 Dept. of Archives and History 6,000.00 7,760.30 Dept. of Commerce and Labor 8,100.00 8,100.00 Dept. of Public Printing 5,225.00 6,600.00 Dept. of Public Welfare 6,876.08 Experiment Station 11,913.60 4,987.48 Furniture and Replacement (H. S.) 652.35 785.44 Game Protection Fund 3,600.00 3,600.00 Geological Fund 15,391.09 20,932.51 Ga. Normal and Industrial College 102,500.00 112,500.00 Ga. Medical College 55,000.00 Ga. Military College 5,000.00 5,000.00 Highway Department 1,837.756.66 1,804,672.21 Horticultural Fund 73,000.00 63,000.00 Incidental Expense General Assem. 409.30 224.40 Indexing House and Senate Jour. 400.00 Indian Spgs. Fund 105.00 105.00 Inspection of Fertilizers 48,668.47 41,941.03 Inspection of Oils 5,851.43 10,578.26 Insurance Public Buildings, etc. 108,975.62 5,293.53 Insurance Department Fund 9,170.22 9,200.00 Land Script Fund Interest 6,314.14 6,314.14 Legislative Committees 249.21 Legislative Pay Roll 120,735.04 117,174.56 Library Commission 5,985.03 6,000.00 Library Fund 4,366.76 4,375.56 Library Fund Reference Bureau 1,064.82 1,159.47 Library Fund Court of Appeals 380.00 285.50 Market Bureau 102,780.98 38,680.02 Military Fund 49,885.10 18,790.03 North Georgia A. M. College 30,000.00 30,000.00 Overpayment Taxes Refunded 6,379.21 8,448.54 Printing Fund, Special 41,114.12 Pension Fund 1,051,254.20 2,502,930.00 Printing Fund 39,857.91 50,000.48 Printing Fund R. R. Commission 1,802.96 2,170.97 Prison Fund 107,500.00 120,000.00 Public Buildings and Grounds 41,352.35 74,988.15 Publishing Georgia Reports 11,179.76 8,813.50 Public Debt (a) Interest 231,157.50 238,393.75 (b) Sinking Fund 102,000.00 100,000.00 (c) Refunding Bonds 206,000.00 Rate Expert Fund 4,000.00 4,000.00 Refund, W. A. Rental Warrants 540,000.00 Reward Fund 2,722.92 2,150.00 Roster Fund 3,685.63 4,591.67 Sale of Ga. Reports Fund 1,050.00 School for the Deaf 74,547.60 76,292.69 School Fund 4,532,408.63 3,918.780.40 School for Mental Defectives 25,000.00 23,144.75 School of Technology 112,500.00 254,479.00 Soldiers' Home 41,666.30 50,031.00 Solicitors Generals' Fees 10,480.00 9,825.00 South Ga. A. M. College, Val. 44,375.00 63,125.00 Special Appropriation Regency Com. 252.30 Special Appro., H. S. Deficiency 2,184.03 Special Appro., Mansion Lease Com. 697.33 Special Appro., Maryland Casualty Co. 778.65 Special Appro., School Deficiency 44,711.00 State Medical College 49,500.00 State Normal School 63,000.00 104,000.00 State Sanitarium 990,000.00 891,334.00 State University, Support Fund 93,190.68 109,364.84 State Univ. for Agri. College 117,250.00 132,500.00 State Univ. for Smith-Lever 100,000.02 114,962.96 State Univ. for Summer School 6,000.00 7,500.00 Summer School Colored Teachers 2,500.00 2,500.00 Stationery and Furniture, Gen. Ass'y 3,225.50 Temporary Loan Refunded 513,472.00 716,961.10 Training School for Boys 43,800.00 30,000.00 Training School for Girls 37,500.00 35,000.00 Tuberculosis Sanitarium 53,500.00 56,000.00 Vocational Education 39,259.73 48,009.83 Vocational Rehabilitation 4,675.06 4,155.55 Special Appro. Tax Commission 1,047.15 Special Appro. Legislation Com. 1,323.43 Total Disbursements During Year 1922 $ 12,984,534.82 $ 13,201,542.22 To Balance in the State Treasury, Dec. 31st 1,633,132.75 1,727,866.35 Aggregate $ 14,617,667.57 $ 14,929,408.57 Page 920 Supreme Court of Georgia HON. RICHARD B. RUSSELL 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 Page 921 Superior Court Calendar for 1923-1924 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 February, May, August and November. ALBANY CIRCUIT HON. W. V. CUSTER, Judge, Bainbridge. B. C. GARDENER, 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, E. D. THOMAS, G. H. HOWARD, 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. Page 922 AUGUSTA CIRCUIT. HON. A. L. FRANKLIN, Judge, Augusta. GEORGE HAINS, 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 Mondays in July and November. FanninFourth Monday in May and third Monday in October. 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. W. R. FLOURNOY, 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 923 CHEROKEE CIRCUIT. HON. MALCOLM C. TARVER, Judge, Dalton. K. 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. D. A. R. CRUM, Judge, Cordele. J. B. WALL, Solicitor-General, Fitzgerald. Ben HillSecond and third Mondays in January, April, July and October. CrispFourth Mondays and the Mondays following, in January, April, July and October. DoolySecond and third Mondays in February, May, August and November. WilcoxFourth Monday and Monday following of March, third Monday in July and fourth Monday and Monday following in November. 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 924 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. G. OGDEN PERSONS, Judge, Forsyth. THOMAS J. BROWN, Solicitor-General, McDonough. ButtsThird Mondays in February and August. 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. GRIFFIN CIRCUIT. HON. WM. E. H. SEARCY, JR., Judge, Griffin. E. M. OWENS, Solicitor-General, Zebulon. SpaldingSecond and third Mondays in January, third and fourth Mondays in June and October. PikeFourth Monday in January, first Monday in February and first and second Mondays in July and November. UpsonSecond and third Mondays in February, third and fourth Mondays in July and November. FayetteFirst and second Mondays in March, August and December. MACON CIRCUIT. HONS. HENRY A. MATHEWS, Fort Valley, MALCOLM D. JONES, Macon, Judges. JOHN P. ROSS, Solicitor-General, Macon. BibbFirst Mondays in February and November and third Mondays in April and July. CrawfordThird Mondays in March and October. HoustonFirst Mondays in April and October. See page 74, Part I, Title V. 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 925 NORTHEASTERN CIRCUIT. HON. J. B. JONES, Judge, Gainesville. ROBERT McMILLAN, Solicitor-General, Clarkesville. 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 and 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. Page 926 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. WheelerFourth Mondays in March and September. OGEECHEE CIRCUIT. HON. HENRY B. STRANGE, Judge, Statesboro. A. S. ANDERSON, Solicitor-General, Millen. BullochFourth Mondays in January, April, July and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in March and September. SerevenThird Mondays in May and November. PIEDMONT CIRCUIT. HON. LEWIS C. RUSSELL, Judge, Winder. PEMBERTON COOLEY, Solicitor-General, Jefferson. GwinnettFirst Mondays in March, June, September and December. BarrowThird Mondays in January, April, July and October. JacksonFirst Mondays in February and August. BanksThird Mondays in March and September. PATAULA CIRCUIT. HON. M. J. YEOMANS, Judge, Dawson. 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. SeminolcThird 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 and first Mondays in May and November. Page 927 SOUTHERN CIRCUIT. HON. WILLIAM E. THOMAS, Judge, Valdosta. CLIFFORD E. HAY, Solicitor-General, Thomasville. BrooksFirst Mondays in May and November. ColquittThird Mondays in January' and July and first Mondays in April and October. EcholsTuesdays after second Mondays in March and September. 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. CLAUDE C. SMITH, 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. E. S. GRIFFETH, Solicitor-General, Buchanan. DouglasThird Mondays in March and September. HaralsonThird Mondays in January, April, July and October. See page 72, Part I, Title V. Superior Courts. PauldingSecond Monday in February, and first Mondays in May, August and November. PolkFourth Mondays in February and August. Page 928 TIFTON CIRCUIT. HON. R. EVE, Judge, Tifton. R. S. FOY, Solicitor-General, Sylvester. IrwinFirst Mondays in February, August 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. R. C. NORMAN, Solicitor-General, Washington. GlascockThird Mondays in February, May, August and November. LincolnFourth Mondays in January, April, July and October. TaliaferroFourth Mondays in February, May, August and November. WarrenFirst Mondays in January, April, July and October. WilkesFirst Mondays in February, May, August and November. WAYCROSS CIRCUIT. HON. J. I. SUMMERALL, Judge, Blackshear. A. B. SPENCE, Solicitor-General, Waycross. BaconThird and fourth Mondays in January and September. 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. ClarkeThird Mondays in January and July and second Mondays in April and October. OconeeFourth Mondays in January and July. WaltonThird Mondays in February, May, August and November. Page 929 INDEX A AGRICULTURE See Department of 883 AGRICULTURAL AND HOME ECONOMICS Extension work 88 AGRICULTURAL AND MECHANICAL SCHOOLSMAINTENANCE 125 AGRICULTURAL OR HORTICULTURAL INSECTICIDES 103 ALAMO Public schools abolished 418 ALBANY Board of education; Act of 1922 repealed 364 Charter amended; Act of 1922 repealed; prior law re-enacted 366 New charter 370 AMENDMENTS Of constitution and code 45 and 52 Of previous Acts 11 et seq. AMENDMENTS TO CONSTITUTION Article 7, section 7, paragraph 1Savannah, City of; increase of bonded indebtedness; terminal facilities 45 AMERICAN LEGION 122 AMERICUS Charter amended 419 APPROPRIATIONS Agricultural and Normal School for Colored Teachers 7 Board of Public Welfare 8 Department of Agriculture; investigation of 883 Georgia State Sanatorium 9 Page 930 Georgia Training School for Boys 10 Georgia Training School for Mental Defectives 11 Governor, for use, contingent fund 887 Military Department of State 885 Public buildings and grounds; committee for 891 Public printing in 1923 12 Railroad Commission of monies expended in 1921 888 State government expenses 13 State Highway Department; investigation of 885 State Normal School 37 Stenographer for Appropriations Committee 890 Stenographer for Ways and Means Committee 890 Stenographer for House Appropriations Committee 890 APPROPRIATIONS COMMITTEE Stenographer for 890 ARLINGTON City court; established 137 Town changed to city of 428 ATKINSON COUNTY County depository; Act amended 203 ATLANTA CIRCUIT Additional judge 57 Charter amended 429 Compensation of certain court officials 440 Election as to increase; territorial limits increased; annexation 432 ATLANTIC COAST LINE RAILROAD Transfer of title by State 892 ATWATER, E. Relief of, as surety 894 AUGUSTA Fire department 445 Paying retired employees 443 Page 931 B BACON COUNTY County commissioners; Act amended 204 Superior court; terms and grand juries 62 BAKER COUNTY County commissioners; Act amended 209 , 210 BALDWIN New charter 448 BANKS COUNTY County treasurer's office abolished 212 BARNESVILLE Increase in tax rate 494 School tax 495 BARROW COUNTY County court abolished 139 Superior court; terms and grand juries 63 BELL, J. O. Relief as surety 896 BELMONT Public school and board of education 497 BERRIEN COUNTY County commissioners; Act amended 214 BLACKSHEAR Registration of voters 499 BLANKENSHIP, E. U. Relief as surety 896 BOARD OF TRUSTEES University of Georgia 56 BOQUINE, S. W. Relief as surety 897 BLUFFTON Charter amended 501 Page 932 BOSTON, CITY OF Public improvements and bonds 503 BAINBRIDGE Charter amended 446 Limits extended 447 BRANTLEY COUNTY Removal of county site 216 BRUNSWICK Charter amended 512 BULLOCH SUPERIOR COURT Additional terms and grand juries 64 C CALHOUN COUNTY Removal of county site 217 CAMILLA City court; judge's salary 140 School district; maintenance 858 CAMDEN COUNTY Removal of county site 218 CANDLER COUNTY Board of commissioners abolished 219 Board of commissioners created 220 CARROLLTON Board of education created 513 Charter amended 517 Elections in 522 CATOOSA COUNTY Board of commissioners created 231 CHATHAM COUNTY Board of education; election created 232 Precinct voting 234 CHATSWORTH, CITY OF New charter for 529 Page 933 CITY, COUNTY AND MUNICIPAL COURTS Acts tabulated 137 CITY OF ATLANTA See Atlanta. CIVIL LAWS See Code Amendments. Laws tabulated 81 CLEVELAND Election to abolish city court 131 COCHRAN, TOWN OF Charter amended 543 Sanitary regulations 545 CODE AMENDMENTS Board of Trustees of University of Georgia (C. C. 1365) 56 Increase in capital stock of Trust Companies (C. C. 2820) 58 Premiums on treasurer's bond in certain counties (C. C. 589) 52 Road tax in certain counties (C. C. 696) 53 State depositories in certain counties (C. C. 1249) 54 State depository in Lumpkin (C. C. 1249) 55 State Library Commission; salary of secretary (C. C. 1565) 57 COLLEGE PARK Charter amended 548 Election to repeal charter of 560 COLQUITT COUNTY Bond commission created 234 COLUMBUS Charter amended 562 Confirmation of title 559 Ratification of certain contract 570 Tax for current expenses 578 Title to certain real estate 579 COMMITTEE FOR UPKEEP OF PUBLIC BUILDINGS AND GROUNDS 891 Page 934 CONFEDERATE STATES OF AMERICA Naval record of 907 CONFEDERATE VETERANS Half fare for 902 CONTINGENT FUND FOR GOVERNOR 887 CONTRACTS For highway lighting 100 For joint building and maintenance of high schools 98 COOK SUPERIOR COURT Termsgrand and traverse jurors 65 COOLIDGE, TOWN OF Charter amended 581 CO-OPERATIVE FIRE INSURANCE COMPANY 113 CORDELE, CITY OF Charter amended 585 CORDELE JUDICIAL CIRCUIT Terms of superior courts 67 CORNELIA, CITY OF Street improvement and traffic regulation 588 CORPORATIONS 363 Applications for charter; notice required 82 COUNCIL, WILL Relief as surety 897 COUNTIES AND COUNTY MATTERS Acts tabulated 202 Court cost in certain counties 85 Court reporters in certain counties 104 Land in certain counties 111 Official court reporters in certain counties 104 Protection of quail in certain counties 133 Road tax in certain counties 53 School funds, supplemented in certain counties 120 State depositories in certain counties 54 State libraries in certain counties 127 Treasurers' bond in certain counties 52 Page 935 COURTS See City Courts; Costs; Justices' Courts; Municipal Courts; Superior Courts; United States Courts. COURT COSTS IN CERTAIN COUNTIES 85 COURT OF APPEALS OF GEORGIA List of judges and officers 920 COURT REPORTERS IN CERTAIN COUNTIES 104 CRAWFORDVILLE City court; jury trials 142 City court; abolished 143 CRIMINAL LAW See Penal Laws. CRUMMEY, J. W. Relief as surety 898 D DALLAS, TOWN OF Waterworks system; bond election 590 Water, light and sewerage commissioners; office of; abolished 592 DALTON, CITY OF Street improvement 593 DAVENPORT, C. S. Relief as surety 910 DAWSON, CITY OF Street improvement 605 DEPARTMENT OF AGRICULTURE Appropriation for investigation 883 DOUGHERTY COUNTY County commissioners; Act of 1922 repealed; prior law re-enacted 236 DOUGLAS, CITY OF Charter amended 609 DOUGLAS COUNTY County commissioners; Act of 1917 repealed 238 Page 936 DRAINAGE COMMISSION Act of 1911 amended 84 DUBLIN, CITY OF Charter amended 612 Election to ratify 614 E EARLY COUNTY Sheriff's bond increased 239 EAST LAKE, TOWN OF Zoning regulations 620 EAST POINT, TOWN OF Election to repeal charter of 623 EAST THOMASTON, VILLAGE OF Charter amended 625 Public school system created 633 EATONTON, CITY OF Appropriation for schools 638 Marshal and assistant marshal; election as to 639 EDISON, TOWN OF Charter amended 640 EXECUTIONS 111 EXTENSION WORK IN AGRICULTURAL AND HOME ECONOMICS; DEMONSTRATION AGENTS 88 F FAIRBURN City court established 144 FERGUSON, E. S. Relief as surety 906 FIRE INSURANCE COMPANIES 113 FIRE Protection against fire in public schools 88 Page 937 FIRST BAPTIST CHURCH OF COLUMBUS Transfer of title 860 Transfer of title 863 FITZPATRICK, C. R. Relief as surety 910 FLOYD COUNTY City court; jury trials 160 FOLKSTON, CITY OF Charter amended 645 FORSYTH, CITY OF Registration of voters 646 FREE POSTAL FACILITIES For State Commissioner of Agriculture 899 G GENERAL ASSEMBLY Adjournment; certain members remain five days after 900 Members of, to receive list of unfinished business 901 GEORGIA CONSTITUTION TO BE TAUGHT IN PUBLIC SCHOOLS 130 GEORGIA SCHOOL OF TECHNOLOGY; BOARD OF TRUSTEES 90 GEORGIA WORKMEN'S COMPENSATION ACT AMENDED 92 GLENNVILLE, CITY OF Charter amended 649 GLYNN COUNTY Board of education 240 Place of meeting 243 GORDON COLLEGE Board of trustees 866 GOVERNOR Contingent fund 887 Page 938 GREENSBORO City court; jury trials; judgments 161 GREENVILLE CITY COURT Election of judge and solicitor; judge's salary 164 GRIFFIN JUDICIAL CIRCUIT CREATED 68 Counties in 68 Terms of court 69 Judge's salary 70 Solicitor general's salary 71 GUNN, J. F. Relief as surety 910 H HANCOCK COUNTY County commissioners; clerk of; Acts of 1885 and 1889 repealed 244 HAPEVILLE, CITY OF Election to repeal charter 660 HARALSON COUNTY Board of commissioners; election to abolish 245 HARALSON SUPERIOR COURT Terms; election to repeal Act of 1916 72 HART COUNTY County commissioners 247 HARTWELL, CITY OF Charter amended 662 HAWKINSVILLE, CITY OF Charter amended 671 Tax appeals 679 HIGH SCHOOLS 98 HIGHWAY LIGHTING 100 HOTELS See Innkeepers. HOUSE WAYS AND MEANS COMMITTEE Stenographer for 890 Page 939 HOUSTON COUNTY Election to abolish city court 165 HOUSTON SUPERIOR COURT Terms and grand juries 74 I INCREASE OF CAPITAL STOCK OF TRUST COMPANIES 58 INDIAN SPRING RESERVE Appointment of leasing commission 902 INNKEEPERS, LIEN ON GUESTS' PROPERTY 101 INSECTICIDES; AGRICULTURAL OR HORTICULTURAL; INGREDIENTS OF MUST BE SHOWN 103 INSPECTION OF STATE INSTITUTIONS AND REPORTS 904 INVESTIGATION Department of Agriculture 883 State Highway Department 885 IRWIN COUNTY Board of commissioners; election to create 250 IRWIN SUPERIOR COURT Terms and grand juries 75 IRWINTON, TOWN OF Territorial limits changed 682 J JASPER COUNTY Board of commissioners abolished 254 Board of commissioners created 255 JASPER, TOWN OF Charter amended 682 JEFF DAVIS COUNTY Commissioner's office; election to abolish 259 Page 940 JEFFERSON, CITY OF Charter amended 693 JEFFERSON COUNTY City court; clerk; powers; duties and fees 168 JERSEY, TOWN OF Schools abolished 695 JESUP, CITY OF Officers; election and appointment 695 JOHNSON COUNTY Treasurer's office abolished 261 JONES COUNTY Board of commissioners created 264 Commissioner's office abolished 269 JUDICIAL CIRCUITS See Solicitors-General; Superior Courts. JUNIOR ORDER OF UNITED AMERICAN MECHANICS Location of Orphans' Home 906 L LANIER COUNTY Board of commissioners created; county manager 269 County court abolished 169 Lanier commissioners; Act amended 280 LAURENS COUNTY Treasurer's office created 282 LAWS; CIVIL AND PENAL; MISCELLANEOUS 81 LEE, E. B. Relief as surety 906 LIENSINNKEEPERS 101 LOCAL LAWS 137 LONG COUNTY Treasurer's office abolished 284 Page 941 LOUISVILLE, TOWN OF Charter amended 698 LUDOWICI, CITY OF New charter 701 LUMPKIN, CITY OF Charter amended; mayor and aldermen 729 State depository 55 LUTHERSVILLE, TOWN OF Mayor and councilmen; election for 733 M MACON, CITY OF Charter amended 734 City court; election to increase judge's salary 170 Joint board of health 734 Municipal court; election to amend creating Act 171 MADISON City court; salaries of judge and solicitor 175 MANCHESTER, CITY OF Charter amended 739 MARIETTA, CITY OF School bonds; election to ratify 747 MEXICAN BEAN BEETLE Protection against 908 MILITARY DEPARTMENT Appropriation 887 MISCELLANEOUS, CIVIL AND PENAL LAWS Laws tabulated 81 MONROE, CITY OF City court abolished 176 MONROE COUNTY Sheriff's bond reduced 288 MOULTRIE, CITY OF Charter amended 751 Page 942 MUNICIPAL CORPORATIONS Acts tabulated 363 MUSCOGEE COUNTY County commissioners; amendment; election to ratify 288 MUTUAL OR CO-OPERATIVE FIRE INSURANCE COMPANIES 113 N NAVAL RECORD Of the Confederate States of America 907 NEWTON COUNTY Commissioner's office created; board of directors 305 O OCCUPATION TAX On fuel distributors 41 On retail dealers in cigars and cigarettes 39 OCILLA, CITY OF Public schools; election to abolish 754 OFFICIAL COURT REPORTERS IN CERTAIN COUNTIES 104 ORPHANS' HOME Junior Order United American Mechanics 906 P PELHAM, TOWN OF Qualification and registration of voters 756 PENAL LAWS Fishing in Charlton county 130 Fishing in Douglas county 132 Protection of quail in certain counties 133 Shooting of quail in Douglas county 133 Turning loose of fox in Douglas county 134 PERRY, TOWN OF Public schools abolished 757 Page 943 PIEDMONT JUDICIAL CIRCUIT CREATED 76 Counties in 77 Judge's salary 77 Solicitor-general's salary 77 PLATS AND SUBDIVISIONS 111 PLAYGROUNDS 106 POLK COUNTY City court 179 Jurisdiction; fine and forfeiture fund 180 PRIVATE AND SCHOOL CORPORATIONS Acts tabulated 858 PUBLIC SCHOOLS See Schools. Protection against fire or stampede hazards 88 United States and Georgia Constitutions to be taught in 130 PUBLIC BUILDINGS AND GROUNDS Appropriation for upkeep 891 R RAILROAD COMMISSION Reimbursement of monies 888 RECORD IN ONE COUNTY WHEN EXECUTION IS BEFORE AN OFFICER OF ANOTHER COUNTY WITHOUT JURISDICTION 111 RECORDING OF PLATSSUBDIVISIONS OF LAND IN CERTAIN COUNTIES 111 RECREATION CENTERS 106 REGISTRATION OF VOTERS See Municipal Corporation Acts. REGULATION OF FIRE INSURANCE COMPANIES 113 REIDSVILLE City court; terms and judge's salary 181 Reporters' fees 182 Page 944 REIMBURSEMENTS See Railroad Commission 888 RESOLUTIONS List of 883 RICHLAND, CITY OF Charter amended 763 ROCKMART SCHOOL DISTRICT Incorporation of 868 ROSSVILLE, CITY OF Charter amendment; waterworks lease 766 S SAINT LUKE METHODIST EPISCOPAL CHURCH, SOUTH, OF COLUMBUS Transfer of title 871 Transfer of title 875 SANDERSVILLE, CITY OF Charter amended 769 SAVANNAH, CITY OF Appropriation for the Savannah Fair 773 Board of education; terms of office 771 City court 183 Increase of bonded indebtedness 45 Judge's salary; assignments and bills of exceptions 183 SCHOOL DISTRICTS Camilla; maintenance 858 Rockmart; incorporation of 868 SCHOOL FUNDSSUPPLEMENTED IN CERTAIN COUNTIES 120 SCOTLAND, TOWN OF Public school system abolished 774 SCREVEN COUNTY County commissioners; Act amended 312 SECRETARY OF STATE LIBRARY COMMISSION 57 Page 945 SEMINOLE COUNTY Commissioners; Act of 1920 amended 313 Seminole superior court; to be furnished Georgia Reports, Codes and Acts 909 SERVICE BUREAU CREATED Ex-service men and women 121 SINKING FUNDS OF MUNICIPAL CORPORATIONS; PROTECTION OF 123 SNELLVILLE, TOWN OF Charter of 775 SOLICITORS-GENERAL; SALARIES, ETC. Cordele judicial circuit; Act of 1918 repealed; fee system abolished 200 SOPERTON City court; judge and solicitor 184 Election and salaries 184 SOUTHERN RAILWAY COMPANY; AUTHORITY TO BUILD SIDE-TRACK OR SPUR-TRACK IN OR NEAR DALTON 124 SPARTA, CITY OF Board of education; enlarged powers; election to ratify 780 Charter amendment 784 SPRINGFIELD City court; jury trials, etc. 187 SPRING PLACE, TOWN OF Public schools abolished 785 STATE AGRICULTURAL AND MECHANICAL SCHOOLS; MAINTENANCE; ACT OF 1922 AMENDED 125 STATE BOARD OF HEALTH 126 STATE COMMISSION OF AGRICULTURE Free postal facilities for 899 STATE DEPOSITORIES IN OTHER COUNTIES 54 Page 946 STATE HIGHWAY DEPARTMENT Application for investigation 885 STATE INSTITUTIONS Inspection of and reports 904 STATE LIBRARY COMMISSION; SALARY OF SECRETARY 57 STATE LIBRARIES IN CERTAIN COUNTIES 127 STEWART COUNTY See Lumpkin 55 Superior court; to be furnished Georgia Reports, Codes and Acts 910 STREET RAILROADS; CORPORATE POWERS; ACT OF 1892 AMENDED 128 SUMMERVILLE City court; compensation of clerk and sheriff 190 SUMTER COUNTY County commissioners; Act amended 316 SUPERIOR COURTS Acts tabulated; change in terms 59 Superior court calendar for 1923 and 1924 921 SUPREME COURT OF GEORGIA List of judges and officers 920 SYLVESTER, TOWN OF Territorial limits extended 785 T TABLE OF TITLES 4 TALBOTTON, TOWN OF Charter amended 787 TAX ON FUEL DISTRIBUTORS 41 TAXATION Cigarettes and cigars; retail dealers in; occupation tax; fuel distributors; increase of occupation tax and disbursement of monies received 39 and 41 Page 947 TELFAIR COUNTY Board of commissioners created 317 Commissioner's office abolished 323 TENNILLE, CITY OF Water and light commission created 789 THOMASVILLE City court; salary for solicitor-general 192 THOMSON, TOWN OF Board of education; Act of 1907 amended 791 City court; jury trials 194 TOBACCO TAX ON RETAIL DEALERS 39 TREASURER'S BOND IN CERTAIN COUNTIES 52 TREASURER'S REPORT 914 TRUST COMPANIES; INCREASE OF CAPITAL STOCK 58 TWIGGS COUNTY Board of commissioners abolished 323 Board of commissioners created 324 U UNITED STATES CONSTITUTION To be taught in public schools 130 UNITED STATES VETERANS' BUREAU 122 UNIVERSITY OF GEORGIA Board of trustees 56 V VALDOSTA, CITY OF New charter for 792 Territorial limits extended 832 VIENNA Registration of voters 833 Page 948 W WALKER SUPERIOR COURT Terms and grand juries 79 WARE COUNTY Commissioners; compensation 332 WARREN COUNTY Board of commissioners; created 334 Commissioner's office abolished 343 Treasurer's office; Act of 1915 repealed 343 Treasurer's office; created 345 WARRENTON, TOWN OF Charter amended 834 WASHINGTON, TOWN OF Charter amended; election to retify 836 WAYCROSS City court; judge's salary 196 Election to increase school tax 837 Solicitor's salary 197 WAYNE COUNTY Board of commissioners created 346 Commissioners to pay certain fees 351 WAYS AND MEANS COMMITTEE OF HOUSE Stenographer for 890 WHEELER SUPERIOR COURT Terms 80 WHITE COUNTY Board of commissioners; election to abolish 353 WHITELEY, J. W. Relief as surety 910 WILCOX COUNTY Treasurer's office abolished 354 WORKMEN'S COMPENSATION ACT AMENDED 92 Page 949 WORTH COUNTY Treasurer's office abolished 358 WRIGHTSVILLE, CITY OF New charter for 840 Z ZEBULON, CITY OF City court abolished 198