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: STEIN PRINTING CO. 19240000 English
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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1924 19240000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE 1924 STEIN PRINTING CO., STATE PRINTERS ATLANTA, GA.
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TABLE OF TITLES PART I.PUBLIC LAWS TITLE I.APPROPRIATIONS. TITLE II.TAXATION. TITLE III.AMENDMENTS TO CONSTITUTION. TITLE IV.CODE AMENDMENTS. TITLE V.SUPERIOR COURTS. TITLE VI.MISCELLANEOUS CIVIL AND PENAL LAWS. PART II.LOCAL AND SPECIAL LAWS TITLE I.CITY AND MUNICIPAL COURTS. TITLE II.SOLICITORS-GENERAL. TITLE III.COUNTIES AND COUNTY MATTERS. PART III.CORPORATIONS TITLE I.MUNICIPAL CORPORATIONS. TITLE II.PRIVATE AND SCHOOL CORPORATIONS. PART IV.RESOLUTIONS
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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1924 PART I.PUBLIC LAWS TITLE I.APPROPRIATIONS. TITLE II.TAXATION. TITLE III.AMENDMENTS TO CONSTITUTION. TITLE IV.CODE AMENDMENTS. TITLE V.SUPERIOR COURTS. TITLE VI.MISCELLANEOUS CIVIL AND PENAL LAWS.
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TITLE I. Appropriations. ACTS. Academy for the Blind, Pipe Organ for. Agricultural College, maintenance of, etc. Agricultural Department, appropriations for Calcium Arsenate Laboratory and Chemist. Auditor's Department, maintenance of. District Agricultural School, Tenth District, maintenance of. Maternity Hygiene, appropriation for. Military Department, additional appropriation for. Normal School, maintenance of. Public Buildings and Grounds; deficiency; repairs. Revenue Department, maintenance of. Sanitarium, maintenance of. Sanitarium Nurses' Home, completion of. School for Deaf, maintenance of. School of Technology, maintenance of. Training School for Girls, water-main extension. University of Georgia, maintenance of. For other appropriations, see Part IV.Resolutions ACADEMY FOR BLIND; PIPE ORGAN FOR. No. 509. An Act to appropriate $4,000.00 for the purchase of a pipe organ for the Georgia State Academy for the Blind at Macon, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That there is hereby appropriated out of the treasury
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of the State the sum of four thousand dollars for the purpose of purchasing and installing a pipe organ at the Georgia State Academy for the Blind at Macon, Bibb County, Georgia. This sum to be immediately available for this purpose. $4,000 for Organ. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1924. AGRICULTURAL COLLEGE; MAINTENANCE, ETC. NO. 508. An Act to make an additional appropriation to the Trustees of the University of Georgia for the use of the Trustees for the Georgia State College of Agriculture for purposes of meeting the Smith-Lever fund and for maintenance, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that there is hereby appropriated to the Trustees of the University of Georgia, for the use of the Trustees of the Georgia State College of Agriculture the following sums, to-wit: For maintenance of the remainder of the year of 1924 the sum of fifteen thousand ($15,000.00) dollars; and for maintenance for the first six months of the year 1925 the sum of twelve thousand, five hundred ($12,500.00) dollars; and the sum of twenty-eight thousand ($28,000.00) dollars, one-half of which shall be available for the remainder of the year 1924 and the other half for the first six months of the year 1925 for the purpose of meeting the requirements of the Smith Lever fund to be used for the employment of men and women county agents. Maintenance, 1924, $15,000; next 6 months $12,500; Smith-Lever fund, $28,000. The foregoing appropriations shall be paid out of any moneys in the treasury not otherwise heretofore appropriated
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Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. How paid. Approved August 18, 1924. AGRICULTURAL DEPARTMENT, APPROPRIATIONS FOR CALCIUM ARSENATE LABORATORY, AND CHEMIST. NO. 524. An Act to make deficiency appropriation to the Department of Agriculture, and to appropriate $5,000.00 or so much thereof as may be necessary, for making analysis and doing laboratory work on calcium arsenate, as is required by an Act approved August 17, 1920, known as An Act to regulate the registration, branding, inspecting and analysis of insecticides and fungicides. Section 1. Be it further enacted and it is hereby enacted by the authority of the same that the sum of $2,500.00 is hereby appropriated out of any moneys in the treasury, not otherwise appropriated, to pay the deficiency now existing in the Calcium Arsenate Laboratory, Chemists Department, in the Department of Agriculture. $2,500 for deficiency. Sec. 3. Be it further enacted by the authority aforesaid that an amount not in excess of one thousand ($1,000.00) annually of the amount herewith appropriated shall be used to compensate the chief chemist for his services in supervising the work prescribed in an Act approved August 17, 1920, known as the Insecticide and Fungicide Act, and this shall be in addition to the salary already prescribed for said chemist. $1,000 added to Chief Chemist's Salary. The Commissioner of Agriculture shall draw requisition upon the Governor and pay said sum in the same manner as other payments are made from this fund. How paid.
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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, 1924. Note: Parts of this Act, which are omitted, were vetoed, on the ground that they were added to the original House Bill by the Senate as an amendment, which amendment was not concurred in by the House by the affirmative constitutional majority on roll call.COMPILER. AUDITOR'S DEPARTMENT, MAINTENANCE OF. No. 398. An Act to appropriate the sum of $8,365.00 to reimburse the Honorable Sam J. Slate, auditor, for expenses incurred by him in the operation and maintenance of the State Department of Audits from the date of its creation on February 1, 1924, to date; and also to appropriate the sum of $7,500.00 to cover the cost of the maintenance and operation of said department during the months of August, September, October, November and December of the present year, 1924; also to appropriate the sum of $18,000.00 to cover the cost of maintenance and operation of the department during the year 1925, and for other purposes. Whereas, it appears that the State Department of audits, created by Act approved December 6, 1923, has been operated and maintained by funds advanced, as a loan, by Honorable Sam J. Slate, State auditor, amounting to the sum of $8,365.00; 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 sum of eight thousand, three hundred and sixty-five ($8,365.00) dollars be and the same is hereby appropriated for the reimbursement of Honorable Sam J. Slate to cover the expenses of said department to August 1, 1924. $8,365 to reimburse Auditor.
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Sec. 2. Be it further enacted by the authority aforesaid, That the sum of $7,500.00 be and the same is hereby appropriated to cover cost of maintenance and operation of the said department of audits, during the months of August, September, October, November and December of the present year, 1924. $7,500 maintenance until 1925. Sec. 3. Be it further enacted by the authority aforesaid, That the sum of $18,000.00 dollars, or so much thereof as may be necessary, be and the same is hereby appropriated for the maintenance and operation of said department of audits for the year 1925. $18,000 for 1925 Sec. 4. Be it further enacted by the authority aforesaid, That the terms, Maintenance and Operation, as used in this Act, are to be understood as meaning and including salaries and expenses of travel, as provided for by the Act of Creating the Department of Audits. Salaries and Traveling Expenses included. 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 11, 1924. DISTRICT AGRICULTURAL SCHOOL, TENTH DISTRICT, MAINTENANCE OF. No. 522. An Act to appropriate $4,700.00 to meet a deficiency in the operation of the Tenth District Agricultural School located at Granite Hill, Georgia, for the year 1919, and to appropriate to the Trustees of the University of Georgia for the use of the Fifth District Agricultural College, located near Monroe, Walton County, Georgia, the sum of $7,500.00 for completing and constructing an adequate water and fire system for said school, available immediately; and also to appropriate the sum of $13,000.00 to the Third District Agricultural and Mechanical School, located
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at Americus, Georgia, for the payment of balance due for erection of academic buildings destroyed by fire. That the sum of ten thousand dollars, for the year 1924, be appropriated to the Board of Trustees of the University of Georgia, for the use of the Twelfth District Agricultural and Mechanical School, situated at Cochran, Georgia, for the purpose of building and equipping a girls dormitory, and purchasing other equipment. And the further sum of $6,500.00 be and the same is hereby appropriated to complete and equip building at the Seventh District Agricultural School and the Governor is hereby authorized to draw his warrants in favor of said trustee of said Seventh District Agricultural School, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is so enacted that the sum of $4,700.00 be appropriated for the purpose of meeting a deficiency in the operation of the Tenth District Agricultural School located at Granite Hill, Ga., in the County of Hancock, for the year 1919. $4,700 for deficiency. Sec. 2. Be it further enacted by the same authority, That said sums herein appropriated be payable upon the warrant of the Governor out of any funds in the Treasury not otherwise appropriated. How paid. Sec. 3. It is further enacted by authority of aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1924. Note: Parts of this Act, which are omitted, were vetoed, on the ground that they were added to the original House Bill by the Senate as an amendment, which amendment was not concurred in by the House by the affirmative constitutional majority on roll call.COMPILER.
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MATERNITY HYGIENE, APPROPRIATION FOR. No. 510. An Act to appropriate $5,000.00 for the year of 1925, and each year thereafter, to match an equal sum appropriated by the United States Government for carrying into effect the provisions of the Act of Congress entitled An Act for the promoting of the welfare and hygiene of maternity and infancy, accepted for the State of Georgia by a resolution of the General Assembly of Georgia, approved August 16, 1922; to provide for the disbursement of said sum by the State Board of Health, Division of Child Hygiene, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That there is hereby appropriated for the use of the State Board of Health, Division of Child Hygiene, $5,000.00 for the year 1924, and each year thereafter, to be made available immediately on receipt of an equal sum of money, appropriated to the State of Georgia by the Federal Government for carrying out the purposes and provisions of the Act of Congress for the promotion of the welfare and hygiene of maternity and infancy, approved by the President of the United States November 23, 1921. $5,000 each year, when. Sec. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 18, 1924. MILITARY DEPARTMENT; ADDITIONAL APPROPRIATION. No. 472. An Act to make for the year 1924 additional appropriation for the maintenance of the Military Establishment of the State of Georgia, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of $10,773.76, provided that seven hundred and seventy-three dollars and seventy-six cents of this sum be used to pay A. C. Woolley and Company for supplies furnished Military Department in 1922, as an additional emergency appropriation, or so much thereof as may be needed, be and the same is hereby appropriated for the year 1924 for the maintenance of the Military Establishment of the State. $10,773.76 to include certain supplies in 1922; maintenance in 1924. 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, 1924. NORMAL SCHOOL, MAINTENANCE OF. No. 521. An Act to appropriate to the Trustees of the University of Georgia for the State Normal School the sum of $25,000.00 for maintenance for the year 1925, and that the sum of $25,000.00 be and the same is hereby appropriated to the Trustees of the University of Georgia, to be used as an additional maintenance for the year 1925 for the Georgia State College for Women at Milledgeville, Georgia. The same to be paid in equal monthly installments beginning January 1st, 1925, and also to authorize the Board of Trustees of the Third District Agricultural and Mechanical School to borrow $13,000.00 to pay outstanding indebtedness, to provide for security for same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the sum of $25,000.00 be appropriated to the Trustees of the University of Georgia for the State Normal School, to be used for maintenance for the year 1925, $25,000, maintenance, 1925.
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Sec. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1924. Note: Parts of this Act, which are omitted, were vetoed, on the ground that they were added to the original House Bill by the Senate as an amendment, which amendment was not concurred in by the House by the affirmative constitutional majority on roll call.COMPILER. PUBLIC BUILDINGS AND GROUNDS; DEFICIENCY APPROPRIATION; REPAIRS. No. 469. An Act to appropriate the sum of $20,000.00, $8,000.00 for a deficiency appropriation, and $12,000.00 for repairs on roofs, walls, etc., to the department of Public Buildings and Grounds, 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 twenty thousand ($20,000.00) dollars be and the same is hereby appropriated, $8,000.00 for a deficiency appropriation, and $12,000.00 for repairs on roofs walls, etc., to the department of Public Buildings and Grounds. $8,000 for deficiency. $12,000 for Repairs. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and part of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1924. REVENUE DEPARTMENT, MAINTENANCE OF. No. 507. An Act to appropriate the sum of $24,000.00 for the year 1924 and the sum of $48,000.00 for the year 1925, or so much thereof as may be necessary, to provide for the
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expenses and maintenance of the Department of Revenue and to provide that all penalties collected by and through said department shall be covered into the Treasury of the State directly, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the sum of $24,000.00 for the year 1924 and the sum of $48,000.00 for the year 1925, or so much thereof as may be necessary, be and the same is hereby appropriated for the expenses and maintenance of the Department of Revenue. $24,000 for 1924; $48,000 for 1925. Sec. 2. Be it further enacted by authority of the same, that all penalties collected by and through said Department of Revenue under the laws of this State shall be directly covered into the treasury of this State. Penalties to go to Treasury. Sec. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1924. SANITARIUM, MAINTENANCE OF. No. 525. An Act to appropriate the sum of one hundred, ninety-eight thousand and five hundred dollars for the purpose of supplying a deficiency in the maintenance of the Georgia State Sanitarium for the year 1924, and to appropriate the sum of twenty-nine thousand, five hundred ($29,500.00) dollars to the Trustees of the Georgia State Sanitarium, at Milledgeville, Georgia, for the purpose of rebuilding the ice and cold-storage plants at said institution, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the
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same, That the sum of one hundred and ninety-eight thousand and five hundred dollars be and the same is hereby appropriated to the Trustees of the Georgia State Sanitarium at Milledgeville, Ga., to be used to supply a deficiency in the funds of the institution for the maintenance of said institution for the year 1924. $198,500 for deficiency. Sec. 2. Be it further enacted, That the Governor of the State be authorized to pay the above amounts at such time as requisition be made for same with vouchers attached in accordance to laws governing same. How paid. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict be and the same are hereby repealed. Approved August 18, 1924. Note: Parts of this Act, which are omitted, were vetoed, on the ground that they were added to the original House Bill by the Senate as an amendment, which amendment was not concurred in by the House by the affirmative constitutional majority on roll call.COMPILER. SANITARIUM NURSES' HOME, COMPLETION OF. No. 504. An Act to appropriate the sum of $81,245.00 for the purpose of supplying a deficiency for the completion of the Nurses' Home at the Georgia State Sanitarium, 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 eighty-one thousand, two hundred and forty-five dollars be and the same is hereby appropriated for the completion and furnishing of the Nurses' Home at the Georgia State Sanitarium at Milledgeville, Georgia; the same being a deficiency now existing for the completion of said Nurses' Home and the furnishing of same. $81,245 to complete and furnish.
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Sec. 2. That the above amount be paid to the Trustees of the Georgia State Sanitarium as needed from the funds of the treasury not otherwise appropriated. How paid. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 18, 1924. SCHOOL FOR DEAF, MAINTENANCE OF. No. 518. An Act to appropriate the sum of seven thousand dollars for the year 1923 to the Trustees of the Georgia School for the Deaf at Cave Springs, Georgia. 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 sum of seven thousand dollars be and is hereby appropriated to the Trustees of the Georgia School for the Deaf at Cave Springs, Georgia, to supply a deficiency now existing in the maintenance of said institution. $7,000 for deficiency. Sec. 2. Be it further enacted, That all Acts and parts of Acts conflicting with this law are hereby repealed. Approved August 18, 1924. SCHOOL OF TECHNOLOGY, MAINTENANCE OF. No. 523. An Act to appropriate the sum of $43,944.23 for the purpose of supplying a deficiency in the maintenance of the Georgia School of Technology for the year 1923-24; to appropriate the sum of $15,000.00 to the Trustees of the University of Georgia for the use of the State Woman's College at Valdosta, and for other purposes.
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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the sum of $43,944.23 be and the same is hereby appropriated to the University of Georgia for the Georgia School of Technology, at Atlanta, Georgia, the same to be used by the trustees of said institution to supply a deficiency in the funds for the support and maintenance of said institution for the years 1923-24, the same to be paid out of the funds in the treasury not otherwise appropriated. $43,944.23 for deficiency. 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, 1924. Note: Parts of this Act, which are omitted, were vetoed, on the ground that they were added to the original House Bill by the Senate as an amendment, which amendment was not concurred in by the House by the affirmative constitutional majority on roll call.COMPILER. TRAINING SCHOOL FOR GIRLS, WATER MAINS EXTENSION. No. 512. An Act for the purpose of securing an appropriation for the Georgia Training School for Girls, to be used to extend the water mains of Atlanta to the institution, 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 there shall be appropriated out of the current revenues of the State the sum of $15,000.00 for the purpose of extending the water mains of the City of Atlanta, in connection with the County of Fulton, to the property of the Georgia Training School for Girls, and the adjacent property of the County of Fulton. Provided, that the sum hereby appropriated shall be expended
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only for the purpose of paying for pipe for said water mains, and before a voucher is issued for said sum an agreement between Fulton County and or City of Atlanta and Board of Managers of Georgia Training School for Girls shall be executed and a copy field in the office of the Governor, stipulating that Fulton County and or City of Atlanta shall pay the expenses of laying down said pipe and mains. $15,000 to extend water mains. Proviso. Approved August 18, 1924. UNIVERSITY OF GEORGIA, MAINTENANCE OF. No. 520. An Act to appropriate to the Trustees of the University of Georgia the sum of $20,000.00 for the year 1924, and the sum of $20,000.00 for the year 1925, and appropriate the sum of $5,000.00 for the Eleventh District Agricultural School, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of $20,000.00 be and the same is hereby appropriated to the Trustees of the University of Georgia for the year 1924, and the sum of $20,000.00 be appropriated to the Trustees of the University of Georgia for the year 1925, for maintenance. $20,000 for 1924; $20,000 for 1925. Sec. 2. Be it further enacted by the authority aforesaid, That the sum of $20,000.00 herein appropriated for the year 1924 be paid by warrant drawn by the Governor on the Treasury of State immediately after the passage of this bill, and that the sum of $20,000.00 herein appropriated be paid to the Trustees of the University of Georgia by warrant drawn by the Governor on the Treasury on January 1st, 1925. How paid.
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Sec. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 18, 1924. Note: Parts of this Act, which are omitted, were vetoed, on the ground that they were added to the original House Bill by the Senate as an amendment, which amendment was not concurred in by the House by the affirmative constitutional majority on roll call.COMPILER.
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TITLE II. Taxation. ACTS. Amendments to the General Tax Act of 1923. Cigarette and Cigar Tax; Stamp regulations; Wholesale and Retail Dealers defined. Railroad Equipment Companies, Tax Returns; Assessments; Salary of Public Corporation Tax Clerk AMENDMENTS TO GENERAL TAX ACT OF 1923. No. 486. An Act to amend the General Tax Act approved December 19, 1923, and to amend Section 2 of said Act by amending the following paragraphs of Section 2 imposing special taxes: By amending Paragraph 14, relating to automobile agents; by amending Paragraph 21, relating to cars operated for hire; by amending Paragraph 28, relating to bagatelle, billiard, Jenny Lind, pool or tivoli tables; by repealing Paragraph 32, relating to brokers, merchandise and commission merchants; and by amending Paragraph 44, relating to dealers in coal, coke or wood; and to amend Section 7 of said Act, imposing tax on insurance companies, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Tax Act approved December 19, 1923, and Section 2 thereof be and the same is hereby amended as follows, to-wit: Ga. L. Ex. Ses. 1923, p20. amended. Paragraph 1. Amend Paragraph 14 of Section 2 by inserting the words or trucks, after the word automobiles, in line one, three, seventeen, nineteen and twenty-two, so that said paragraph when amended will read as follows: Sec. 2. Par 14. Automobile Dealers, etc.
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Paragraph 14. Automobiles or Trucks. Upon every agent of, upon every dealer in, and upon every person soliciting orders for retail sale of automobiles or trucks, not including wholesale dealers or distributors soliciting or canvassing for local dealers, the sum set out below, viz.: In each county with a population of less than 20,000, $25.00; in each county with a population of between 20,000 and 30,000, $55.00; in each county with a population of between 30,000 and 50,000, $85.00; in each county with a population between 50,000 and 75,000, $110.00; in each county with a population between 75,000 and 100,000, $165.00; in each county with a population between 100,000 and 150,000, $220.00; in each county with a population exceeding 150,000, $275.00. Provided, however, That nothing in this Act shall conflict with the provisions fixing a license upon exclusive dealers in used cars. Such dealer, agent, or solicitor selling or offering for sale automobiles or trucks at retail, shall be required to pay one license fee only in each county, so as to provide that all persons soliciting orders, or selling automobiles, or trucks at retail, shall pay a license to become a dealer or agent, and such license shall entitle such dealer to sell any make or makes of new or second-hand automobiles or trucks, and shall entitle said dealers to operate in connection with said business, a service station, in said county in which said license is paid; any dealer having paid such tax to be allowed any number of employees for the purpose of selling cars within the county wherein such tax has been paid. Amended to include Trucks. Paragraph 2. Amend Paragraph 21 of Section 2 by inserting the following at the end of said Section: Upon each person, firm or corporation, operating or keeping for hire automobiles known as `Drive-it-yourself' business, or automobiles without drivers for hire, one hundred and fifty ($150.00) dollars per year for each place of business, so that said paragraph when amended will read as follows: Sec. 2, Par, 21 Hirers of cars without drivers. Paragraph 21. Cars operated for hire. Upon each person, firm or corporation, operating or keeping automobiles for hire, whether in connection with a garage or not, a tax according to the following scale, whether in or outside of the corporate
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limits of any city or town, viz.: for each automobile so operated in or near towns or cities of population of not over 1,000, $5.00; of population from 1,000 to 5,000, $10.00; of population from 5,000 to 15,000, $15.00; of population from 15,000 to 30,000, $20.00; of population from 30,000 to 50,000, $25.00; of population from 50,000 and over, $40.00. Provided, however, these taxes shall not be required of operators or keepers of automobiles for hire, when such automobiles are used over or are operated upon a fixed or uniform route, and in such cases the schedule of these shall be as follows: Upon every person, firm or corporation, operating automobiles for transportation or passengers upon a regular fixed route, commonly known as jitneys, and for a uniform fare of not more than ten cents the following amounts: for a five-passenger car or less, $15.00 per annum; and for every car carrying more than five passengers, $25.00 per annum. Upon each person, firm or corporation operating or keeping for hire automobiles commonly known as Drive-it-yourself business, or automobiles without drivers for hire, $150.00 per year for each place of business. Provided, however, that the tax fixed herein shall not exceed $10.00 for each car operated. Proviso limiting tax for each car operated. Paragraph 3. Amend Paragraph 28 of Section 2 by inserting the words, for each table a tax according to the following scale, after the word table and after the word in in line four, so that said paragraph when amended shall read as follows: Sec. 2, Par. 28. Pool tables, etc., operating. Paragraph 28. Bagatelle, Billiard, Jenny Lind, Pool or Tivoli tables. Upon each person, firm or corporation operating for public use and charging for the use thereof, any billiard, bagatelle, Jenny Lind, pool or Tivoli tables, for each table, a tax according to the following scale, viz.: In cities of 100,000 inhabitants or more, $100.00; in cities of not less than 50,000, and not more than 100,000 inhabitants, $75.00; in cities of not less than 25,000 and not more than 50,000 inhabitanta, $50.00; in cities of not less than 10,000 and not more than 25,000 inhabitants, $30.00; in cities or towns of less than 10,000 inhabitants, $20.00. Amended to add; for each table.
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Paragraph 4. Amend Section 2 by striking Paragraph 32 imposing tax upon brokers; merchandise and commission merchants. Sec. 2, Par. 32. Merchandise brokers, etc. Paragraph stricken. Paragraph 5. Amend Paragraph 44 of Section 2 by inserting the words and lumber after the word wood in line one and line two, so that said paragraph when amended will read as follows: Sec. 2 Par. 44. Lumber dealers. Paragraph 44. Coal, coke, wood and lumber. Upon each person, firm or corporation dealing in coal, coke, wood or lumber, or coal and coke, whether for themselves or as agents or as brokers, in cities of more than 1,000 inhabitants, and not more than 10,000, $10.00; in cities of more than 10,000 and not more than 20,000 inhabitants, $50.00; in cities of more than 20,000 inhabitants, $100.00; Provided, That dealers in wood only shall pay a tax of $10.00. Said tax payable for each place of business. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1924. CIGARETTE AND CIGAR TAX; STAMP REGULATIONS; WHOLESALE AND RETAIL DEALERS DEFINED. No. 477. An Act to amend an Act approved August 15, 1923, entitled an Act to levy a tax on dealers in cigars and cigarettes; 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
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State Tuberculosis Sanatorium at Alto, and for the purpose of paying pensions now due and to become due under the Acts of August 5, 1919, August 18, 1919, and August 18, 1919, and August 19, 1919, and for other purposes, so as to define the terms dealer at wholesale, and dealer at retail, to require such dealers to obtain licenses, to prescribe penalties for the failure to obtain such licenses, to require dealers to affix stamps to containers of cigars, whether the same are exhibited or not, to prescribe manner of affixing stamps and the cancelling thereof, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled An Act to levy a tax upon dealers in Cigars and Cigarettes; 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 5, 1919, August 18, 1919, and August 19, 1919, and for other purposes, be amended by adding the following Sections, to-wit: Section 1. Under the provisions of this Act, a dealer at wholesale in cigars, cigarettes, manufactured tobacco, or other manufactured tobacco products, is defined to be any person, firm, or corporation, engaged in the business of selling such articles for resale, and a dealer at retail is defined to be any person, firm or corporation, engaged in the business of selling such articles directly to the consumer, or for any other purpose than that of resale, irrespective of the quantity that may be sold. Wholesale and retail dealer defined. Sec. 2. Be it further enacted, That said Act is further amended by striking from the second line of Paragraph d of Section 1 of said Act the words or cigars, and inserting
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immediately after the fourth line of said paragraph, after the word table, the following words: or the possession of any box, package or container of cigars, which do not bear stamps as required herein, so that said paragraph as amended will read as follows: (d) The exhibition of any package, or packages, of cigarettes 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, or the possession of any box, package, or container of cigars, which do not bear stamps as required herein, shall constitute prima facie evidence of the guilt of such dealer of the violation of this Act. Prima facie evidence of violation of this Act. Sec. 3. Be it further enacted, That said Act be amended by adding the following Section: Each dealer, upon affixing stamps to each package, or carton of cigarettes, and each box, package or container of cigars, shall cancel the same by writing or stamping thereon his initials and the date upon which said stamp is affixed; and in affixing said stamps to each box, package, or container of cigars, said stamps shall be so placed on said box, package, or container that when the same is opened said stamp will be torn and mutilated. Place of stamp; cancellation. 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 16, 1924. RAILROAD EQUIPMENT COMPANIES, TAX RETURNS; ASSESSMENTS; SALARY OF PUBLIC SERVICE CORPORATION TAX CLERK INCREASED. No. 513. An Act to provide for the assessment and collection of taxes on Equipment Companies, requiring said companies to make annual returns to the Comptroller General, and to
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base such tax upon the average value of the equipment of said Equipment Companies in this State during the preceding year; providing how said taxes shall be collected; providing when returns of said taxes shall be made, and who shall make said returns; providing that said tax so collected shall be paid into the State Treasury; providing how assessments shall be made by the Comptroller General in event no return is made, or if so made is unsatisfactory to the Comptroller General; providing when and how said companies can be double taxed; providing for the rejection of the returns of said companies by the Comptroller General; providing for arbitration of assessments; providing for the enforcement and collection of said taxes; providing that the railroads of this State, when making their annual returns to the Comptroller-General, shall include in said returns the names and addresses of the owners or operators of such railway equipment, and such other information regarding the operation of such cars over the railroads in this State as the Comptroller-General shall require; providing when said Act shall become effective, repealing conflicting laws, and increasing the compensation of the public service corporation tax clerk in the office of the Comptroller-General, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That any person or persons, co-partnership, company or corporation, wherever organized or incorporated, engaged in the business of furnishing or leasing any kind of railroad cars, except dining, buffet, chair, parlor, palace or sleeping cars, or in whom the legal title of any such cars is vested but which are leased or operated, or hired to be operated on any railroad in this State, shall be deemed an equipment company, whether the furnishing or leasing of such cars may be the usual business of such companies or merely incidental to such usual business. Every such company shall be required to make annual returns to the Comptroller-General under the same laws of force in reference to the rolling stock owned by the railroads making returns in this State, and the assessment of
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taxes upon such equipment companies shall be based upon the value of the average amount of equipment of said equipment company in this State during the preceding year, and taxes shall be imposed and collected upon such value at the same rate as other property in this State is taxed. Equipment company defined. Annual Returns. Basis of Assessment. Sec. 2. Be it further enacted by the authority aforesaid, That the annual returns of such companies shall show the total value of the railway equipment of each company, the total number of car-wheel miles made in the United States by the cars of each company, and the number of car-wheel miles made in Georgia, during the year; and the average amount of equipment in this State shall be determined by ascertaining the percentage that the car-wheel mileage made in Georgia bears to the entire car-wheel mileage, and applying this percentage to the total value of the equipment. Returns should show what. Average equipment, how determined. Sec. 3. Be it further enacted by the authority aforesaid, That the returns shall be made to the Comptroller-General on or before March 1st of each year by the president, general agent, or person in control of such companies, and the tax herein provided for shall be paid into the State Treasury on or before September 1st of each year. The Comptroller-General shall frame such questions as will elicit the information sought, and answers thereto shall be made under oath. If the officers above referred to in the control of such companies shall fail or refuse to make such return, or to answer under oath the questions propounded, the Comptroller-General shall obtain the information from such source as he may, and he shall assess a double tax on such railway equipment. It shall further be the duty of the Comptroller-General to carefully scrutinize the returns made by such companies, and, if in his opinion the value of the railway equipment of any such company is not fairly stated in the returns, or if the car-wheel mileage is not correctly stated, to reject the return submitted and assess the value of the equipment and the mileage from the best information obtainable. The law and rules relative to the arbitration of railroad property in this State shall be applicable to the arbitration of such assessments. Time of return. Tax to be paid on or before September 1. Questions by Comptroller-General. Rejection of return. Arbitration.
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Sec. 4. Be it further enacted by the authority aforesaid, That if the taxes herein provided for are not paid when due, the Comptroller-General shall issue executions against the owners or operators of such cars, which may be levied by the sheriff of any county of this State upon the car or cars or any other property of the owner or operator who has failed to pay the taxes. Execution and levy. Sec. 5. Be it further enacted by the authority aforesaid, That the railroads of this State, when making annual tax returns to the Comptroller-General, shall furnish, as a part of said return, a statement showing the names and addresses of all owners or operators of such privately owned equipment handled by said railroad corporation during the preceding years, and such other information regarding the operation of such cars over their roads in this State as the Comptroller-General shall require of them. Railroads to give names of equipment owners, etc., in tax-returns. The Public-Service Corporation Tax Clerk in the office of the Comptroller-General shall receive an additional salary of $1,400.00 per annum to compensate for extra labor involved in the assessment and collection of the taxes herein provided for, and this Act shall become effective immediately upon the approval of the Governor and the additional salary herein provided for shall be paid by the State Treasurer as now provided by law for the payment of salaries to the Statehouse officers and clerks. Additional Salary of $1,400 to Public-Service Corporation Tax Clerk. Sec. 6. Be it further enacted by the authority aforesaid, That this Act shall become effective immediately upon the approval of the Governor, and that the salaries herein provided shall be paid by the State Treasurer as provided by law for the payment of salaries of State officers and clerks. Act effective on approval. 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 18, 1924.
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TITLE III. Amendments to Constitution. ACTS. Art. 3, sec. 4, par. 3. General Assembly, Biennial Sessions. Art. 7, sec. 7, par 1. Brunswick Debt, Increase of, for Port Facilities. Art. 7, sec. 7, par 1. Coastal Highway District Composed of Coast Counties. Art. 11, sec. 1, par 2. Peach County, creation of. For other proposed amendments, see Part IV.Resolutions. GENERAL ASSEMBLY, BIENNIAL SESSIONS. No. 365. An Act to amend Paragraph 3, Section 4, Article 3 of the Constitution of the State of Georgia, by striking the words and figures October, 1878, in line three and inserting in lieu thereof the word and figures June, 1925, and by striking the word annually in line four and inserting in lieu thereof the word biennially and by striking the word fifty and inserting in lieu thereof the word sixty, so as to provide for the meeting of the General Assembly biennially instead of annually and for sixty days instead of fifty and the manner of submitting same for ratification, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Paragraph 3, Section 4, Article 3 of the Constitution of the State of Georgia be and the same is hereby amended by striking the word and figures October, 1878, in line three and inserting in lieu thereof the word and figures June, 1925, and by striking the word annually in line four and inserting in lieu thereof the word biennially, and by striking the word fifty in line six and inserting in lieu
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thereof the word sixty, so that when said Paragraph 3, Section 4, Article 3 of the Constitution is so amended it shall read as follows: Art. 3, Sec. 4, Par. 3, amended. Paragraph 3. Meeting of the General Assembly. The first meeting of the General Assembly, after the ratification of this amendment to the Constitution, shall be on the fourth Wednesday in June, 1925, and biennially thereafter on the same day, until the day shall be changed by law. No session of the General Assembly shall continue longer than sixty days; provided, that if an impeachment trial is pending at the end of sixty days, the session may be prolonged till the completion of said trial. Biennial Sessions of General Assembly; 60 days. First Session June, 1925. Sec. 2. Be it further enacted by the uthority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House with the ayes and nays thereon and published in one or more newspapers in each Congressional District in said State for two months previous to the time for holding the next general election and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Paragraph 3, Section 4, Article 3 of the Constitution of the State of Georgia, providing for the meeting of the General Assembly biennially; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of Amendment to Paragraph 3, Section 4, Article 3 of the Constitution of the State of Georgia, providing for a meeting of the General Assembly biennially, and if the majority of the electors qualified to vote for the members of the General Assembly voting thereon shall vote for the ratification thereof, when the returns shall be consolidated, as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the
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results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified. Publication. Submission to popular vote. Form of Ballots. Proclamation Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. BRUNSWICK DEBT, INCREASE OF, FOR PORT FACILITIES. No 491. An Act to amend Paragraph one of Section seven of Article seven, of the Constitution of the State of Georgia as heretofore amended, so as to authorize the City of Brunswick to incur an indebtedness up to a maximum of fourteen percentum of the assessed value of taxable property therein, for the purpose of acquiring and operating port facilities, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that Paragraph One of Section Seven of Article Seven of the Constitution of this State shall be amended as follows, to-wit: Art. 7. Sec. 7. Par. 1, amended. By adding to said paragraph as heretofore amended the following words: And except that the City of Brunswick, in addition to the indebtedness which it may incur under the preceding provisions of this paragraph, is hereby authorized to incur from time to time an indebtedness up to but not exceeding seven percentum of the assessed value of all taxable property therein (making a maximum indebtedness which said city may incur of fourteen percentum of such assessed values), when authorized by the assent of two-thirds of the qualified voters of such city as above provided for obtaining such authority; provided that such additional indebtedness can only be used for acquiring, constructing, improving and operating municipal port terminal facilities in said city, including lands, waterways, wharves, warehouses,
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water crafts, used in connection therewith, and all other proper equipment and appurtenances; but not limiting by the foregoing the generality of the words `municipal port terminal facilities.' The General Assembly may at any time authorize said city to donate any port terminal facilities owned by it to the State of Georgia, with or without conditions. Power to incur debt, for port facilities; limit increased. Sec. 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals, with the ayes and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general elections. Publication. Sec. 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for the members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: For amendment allowing the City of Brunswick to increase its bonded indebtedness for the purpose of acquiring port terminals, and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words: Against the amendment allowing the City of Brunswick to increase its bonded indebtedness for the purpose of acquiring port terminals. Submission to popular vote. Form of ballot. Sec. 4. Be it further enacted by the authority aforesaid, That the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first Section of this Act to a vote of the people as required
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by the Constitution of this State in Paragraph one, of Section one, of Article thirteen, and by this Act; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified. Proclamation. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1924. COASTAL HIGHWAY DISTRICT COMPOSED OF COAST COUNTIES, CREATION OF, TO ISSUE BONDS FOR HIGHWAY, ETC. No. 496. An Act to propose to the qualified voters of the State of Georgia an Amendment to the Constitution of the State of Georgia, authorizing the creation of The Coastal Highway District, to be composed of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden Counties, as a political subdivision, body politic and corporate, for the purpose of aiding in the construction of a Public Highway through said counties, to provide that said Coastal Highway District may issue bonds, and to provide for a method of retiring said bonds and the payment of interest thereon, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Constitution of the State of Georgia be amended by adding the following sub-paragraph to follow Paragraph 1 of Article 7, Section 7, the same to be known as Paragraph 1-d, to-wit: The Coastal Highway District is hereby
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created as a political subdivision, body politic and corporate of this State, for the purpose of aiding in the construction and completion of the Public Highway known as the Dixie and South Atlantic Coastal Highway, extending from the Savannah river to the Florida line, with the right to sue and be sued, to have a seal, make contracts and to do all things necessary or proper to carry out the purpose of this Amendment. The said district shall be composed of the territory of the Counties of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden Counties. The said Coastal Highway District shall have authority to issue bonds not exceeding $900,000.00 for the purposes aforesaid; the bonded indebtedness of said district shall be incurred and the expenditures of funds derived therefrom as well as all other matters and transactions necessary to carry out the purposes of the Constitutional Amendment shall be managed, controlled and directed by ten commissioners, to be selected, four from Chatham, two from Glynn, and one each from Bryan, Liberty, McIntosh and Camden Counties. The said commissioners shall be selected and vacancies filled by the officers in charge of levying taxes in said counties respectively, and shall hold office for a period of five years and until their successors are selected and qualified. The bonds when issued shall be signed and sealed by said commissioners and shall be a lien upon the entire property of all of the counties composing said district, and a first lien to the extent of the annual retirements and interest payments thereon upon any sums payable annually hereafter by the State of Georgia to the said counties respectively from amounts collected from gasoline and oil taxes until all bonds of said district are retired. At or before the issuance of said bonds the commissioners of said district shall assess the counties composing said district an amount sufficient to pay and retire the bonds as they come due and pay the interest on the same. The bonds, principal and interest, shall be retired within 30 years from the date of issuance. The assessment against each county shall be in proportion to the taxable value of the real and personal property (including public utilities) returned for taxation, as finally adopted by the Comptroller General, and the proper authorities of each
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county, shall at or before the issuance of said bonds provide for the levying, assessment and collection annually of a sum sufficient in amount to pay the principal and interest of such county's part of said indebtedness, as the same becomes due, and the complete retirement of the indebtedness within thirty years from the date of incurring said indebtedness. Any excess of such taxes collected by any county over and above the amount necessary to that county's liability for that year, after first using the amounts derived from gasoline and oil taxes as hereinbefore provided, shall be retained and the tax levied for the succeeding year shall be that much less. The bonded indebtedness here provided for shall be incurred only after it has been submitted to the qualified voters of said district at an election to be called by the said District Commissioners and held in the same manner as elections for the incurring of a bonded indebtedness by counties, municipalities and divisions. In determining the result of the election, the vote of the entire district shall be consolidated and counted as a unit, each county shall pay the expenses of the election in that county. The vote shall be consolidated and the result of the election declared by the District Commissioners herein provided for. The Superior Court of any county in said district shall have jurisdiction to validate the said bonds, in conformity with the law providing for the validation of county, municipality and division bonds; and the certification by the clerk of the Superior Court taking jurisdiction of such validation alone shall be sufficient certification. The proceedings for the validation may be instituted by the Solicitor General of any Judicial Circuit within which any of said counties lies, but the proceedings shall be served upon the authorities managing the fiscal affairs of each of said counties, and they shall make answer thereto. Such indebtedness when incurred shall not be considered in determining the power of any of the counties composing said district, or any other county or municipal corporation or political subdivision of said State, to incur any other bonded indebtedness. Art. 7, Sec. 7, Par. 1, amended. Coastal Highway District created. Name of highway. Counties composing district. Power to issue bonds. Commissioners. Lien on all property of counties. Assessment on counties. Election to authorize bonds. Validation of bonds. Sec. 2. Be it further enacted by the authority aforesaid, That when said Amendment shall be agreed to by two-thirds
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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 the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed Amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution, authorizing the creation of the Coastal Highway District as a body corporate and politic, to be composed of the Counties of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden, and to authorize the issuance of bonds by said district for paving purposes, and all persons opposed to the adoption of said amendment shall have written or printed in their ballot the words: Against ratification of amendment to Article Seven (7), Section Seven (7), Paragraph One (1) of the Constitution, authorizing the creation of the Coastal Highway District as a body corporate and politic, to be composed of the counties of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden, and to authorize the issuance of bonds by said district for paving purposes, 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 election for members of the General Assembly, then said amendment shall become a part of Article Seven (7), Section Seven (7), and known as Paragraph 1-d of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law. Publication. Submission to popular vote. Form of ballot. Proclamation. Approved August 18, 1924.
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COUNTY OF PEACH; CREATION OF. No. 274. An Act to propose to the qualified electors of this State an amendment to Paragraph 2, Section 1, Article 11, of the Constitution of the State of Georgia, as amended by the ratification of the qualified electors of this State of the several Acts approved, respectively, on July 19, 1904, July 31, 1906, July 30, 1912, August 14, 1912, July 7, 1914, July 17, 1914, July 27, 1914, August 11, 1914, August 15, 1917, August 21, 1917, July 30, 1918, August 11, 1919, July 8, 1920, August 7, 1920, August 14, 1920, and August 17, 1920, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the following amendment is hereby proposed to Paragraph 2, Section 1, Article 11, of the Constitution of the State of Georgia, as amended by the ratification of the qualified voters of said State of the several Acts approved, respectively, on July 19, 1904, July 31, 1906, July 30, 1912, August 14, 1912, July 7, 1914, July 17, 1914, July 27, 1914, August 11, 1914, August 15, 1917, August 21, 1917, July 30, 1918, August 11, 1919, July 8, 1920, August 7, 1920, August 14, 1920, and August 17, 1920, to-wit: Art. 11. Sec. 1, Par. 1, amended. By adding to said paragraph the following language: Provided, however, that, in addition to the counties now provided for by this Constitution there shall be a new county laid out and created from the territory now composing Houston and Macon Counties, to be made up and composed of all that part of the territory of Houston and Macon Counties described and contained within the boundaries as follows: Peach County to be created. Beginning at the point where the Counties of Bibb, Houston and Crawford corner, running thence along the line between the Counties of Houston and Crawford to the point where the Counties of Houston, Crawford and Macon corner; thence in a southwesterly direction along the line between
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the Counties of Crawford and Macon to the middle of the run of Flint River; thence in a southerly direction along the middle of the run of Flint River to the southern line of fractional lot number 151 in the 8th district of Macon County; thence east along the southern line of lots 151, 138 and 119 to the southwest corner of lot number 106 in the 8th district of Macon County; thence north along the western line of lot number 106 to the southwest corner of lot number 105 in the 8th district of Macon County; thence east along the south line of lots 105 and 88 to the northwest corner of lot 74 in the 8th district of Macon County; thence south along the western line of lot 74 to the southwest corner of lot 74; thence east along the southern line of lots 74, 55, 42, and 23 to the southwest corner of lot number 10 in the 8th district of Macon County; thence north along the west line of lot number 10 to where said western line intersects with the public road leading west from the Dixie Highway between Marshallville and Fort Valley to the old Neil plantation; thence along the said public road to the center of the said Dixie Highway leading from Marshallville to Fort Valley; thence in a southerly direction along the center of said Dixie Highway to the south line of the property of D. C. Strother and C. Z. McArthur in lot 13 in the 8th district of Macon county; thence east along the said south line of the property of D. C. Strother and C. Z. McArthur to the western line of lot 253 in the 9th district of Macon County; thence north along the western line of lots 253 and 252 to the southwest corner of lot number 251 in the 9th district of Macon County; thence east along the south line of lots 251 and 230 to the middle of the run of Big Indian Creek; thence in a generally southeasterly direction along the middle of the run of Big Indian Creek to the point where the western line of lot 96 in the 9th district of Houston County intersects the run of Big Indian Creek; thence south along the western line of lots 96 and 11 in the 9th district of Houston County and lot 22 in the 14th district of Houston County to the northern line of the public road leading from Marshallville to Perry; thence east along the northern line of the public road leading from Marshallville to Perry to the western line of the public road leading from Small Academy to
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Fort Valley via Norwood Springs; thence north along the western line of the public road leading from Small Academy to Fort Valley via Norwood Springs to the southwest corner of lot 12 in the 9th district of Houston County; thence east along the south line of lots 12 and 13 to the southwest corner of lot 14 in the 9th district of Houston County; thence north along the western line of lots 14, 33, 34, 35, 36 and 37, in the 9th district of Houston County to the southwest corner of lot 38 in the 9th district of Houston County; thence east along the south line of lot 38 to the southwest corner of lot 27; thence north along the west line of lots 27 and 26 to the southwest corner of lot 25; thence east along the southern line of lot 25 to the northwest corner of lot 7 in the 9th district of Houston County; thence south along the western line of lot 7 to the southwest corner of lot 7; thence east along the south line of lot 7 in the 9th district and lots 10 and 23 in the 10th district of Houston County to the southwest corner of lot 42 in the 10th district of Houston County; thence north along the western line of lots 42, 41 and 40 in the 10th district of Houston county to the run of Mossy Creek; thence southeasterly along the run of Mossy Creek to the bridge over said Mossy Creek on the National Highway in Houston County and to the western line of the National Highway; thence north along the western line of the National Highway to the south line of lot 69 in the 5th district of Houston County; thence west along the southern line of said lot number 69 to the southwest corner thereof; thence north along the western line of lots numbered 69, 70 and 71 to the southwest corner of lot number 72 in the 5th district of Houston County; thence west along the southern line of lot number 59 to the southwest corner of lot number 59; thence north along the western line of lots numbered 59 and 58 to the southwest corner of lot 57 in the 5th district of Houston County; thence east along the southern line of lots numbered 57 and 74 to the western line of the National Highway; thence north along the western line of the National Highway to the run of Echeeconnee Creek; which is the dividing line between Bibb and Houston Counties; thence west along the line between the Counties of Houston and Bibb to the point where Houston,
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Bibb and Crawford corner, same being the point or place of beginning. Territorial description. That the said new county shall be known as Peach County and the City of Fort Valley shall be the county site of the same. County seat, Fort Valley. That irrespective of other provisions of this Constitution, said Peach County shall, upon its creation be entitled to one Representative in the House of Representatives of this State, and said Peach County shall be entitled to one Representative in the House of Representatives of Georgia until the apportionment shall be changed by law, in accordance with the provisions of this Constitution. Representation in General Assembly. That the said Peach County shall be attached to the same congressional district, and to the same judicial circuit and to the same State Senatorial district as those to which the County of Houston is attached at the date of the ratification of this amendment. Congressional and Senatorial districts, judicial circuit. That all legal voters residing in the limits of Peach County entitled to vote for members of the General Assembly under the Laws of Georgia shall, on the first Wednesday in January following the ratification of this proposed amendment, elect a Representative in the House of Representatives of this State, and an ordinary, a clerk of the superior court, a sheriff, a coroner, a tax collector, a tax receiver, a county treasurer, and a county surveyor. Said special election shall be held at the several election precincts existing within the limits of said Peach County at the time of the adoption of this proposed amendment, and the ordinary of Houston County shall appoint managers for such election precincts as may be located in Houston County at the time of the adoption of this proposed amendment. On the day succeeding the holding of said election the election managers shall meet at the council chamber of the Mayor and council of the City of Fort Valley and consolidate the vote for the officers named; and the general laws of this State now in force as to elections, consolidation of the votes the return of the election and the commission of officers shall be applicable to the officers elected at the election herein provided
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for. The officers elected at said election and the Representative in the House of Representatives shall hold their offices until the next general election for such officers throughout the State, and until their successors are elected and qualified. The General Assembly is hereby given power to create any additional statutory offices in said county or statutory courts therein, and to provide for filling said offices. Any vacancies that may occur before the next general election after the elections as herein provided may be filled in the same manner as such vacancies are now filled under the law. The justices of the peace and constables residing in the territory included within the limits of said Peach County shall exercise the duties and powers of their offices until new militia districts are laid out in said Peach County and justices of the peace and constables thereof elected. Election of representative and county officers. Additional offices. Vacancies. Justices and constables. That the Superior Courts of said Peach County shall be held on the first Monday in March and the first Monday in September of each year. Superior Court terms. That the congressional and senatorial districts, the judicial circuit to which said Peach County is attached, the times of holding the terms of the Superior Court, and the limits of the county shall be as designated above until changed by law. Provided, that the laws applicable to the organization of new counties as found in Section 829 to 848, inclusive, of the Code of 1910 of Georgia, and in any other Acts or sections having applicability, are hereby made applicable to said Peach County whenever the same may be created by the proposed amendment to the Constitution, and that said county, when created, shall become a statutory county and shall be subject at all times to all laws applicable to all other counties of this State. Code provisions applicable. That the property of all tax payers included within the limits of said Peach County as herein above designated is hereby made ratably chargeable with any debt that may have been incurred by either of the counties from which the territory included in the new Peach County is taken by the legally constituted authorities of the counties for the purpose of raising revenues for the benefit of either of said counties,
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whether the said debt is a bonded debt or one which has been incurred for the benefit in any way of either of said counties. The value of the taxable property included within the limits of said Peach County at the time of the adoption of this amendment to the Constitution in proportion to the value of the property in the counties from which the said Peach County is taken shall determine the proportionate amount of the indebtedness which shall be borne by the property of the tax payers located within the limits of said proposed Peach County. Taxation for proportion of debt of counties from which formed. Taxable property. Authority is hereby given the ordinary of said Peach County and to the officers of the counties from which said territory is taken who are charged with the management of the business of said counties to settle and agree upon an amount of said indebtedness that shall be assessed against and paid by the said Peach County; and it is hereby made the duty of the ordinary of the said Peach County when the amount of said indebtedness with which the said Peach County is chargeable is so ascertained to cause a tax to be levied upon all the property within the limits of the said Peach County sufficient to pay off and discharge the proportionate part of the indebtedness due by said Peach County. Ascertainment of proportionate debt. In the event of the failure or refusal of the ordinary of Peach County to levy such a tax, it shall be the duty of the Judge of the Superior Court of the circuit to which the said Peach County is attached to compel the ordinary of said Peach County to perform the duty herein required of him. In the event of the failure of the authorities of the counties from which the said Peach County is created and the ordinary of the said Peach County to ascertain and agree upon the amount of said indebtedness, then either of said counties may bring a suit against the said County of Peach in the Superior Court of Peach County for the purpose of having the proportion of said debt so assumed by the said Peach County ascertained; and the said Superior Court is hereby given authority and power to enforce whatever judgment may be had as the result of such trial by compelling the ordinary of said Peach County to levy a tax sufficient for the payment of the indebtedness
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found to be due by the said Peach County; cause the same to be collected and paid to the constituted authorities of the county or counties from which said Peach County is created entitled to receive the same. Failure to levy tax. It is especially provided that all ad valorem and special taxes and all other revenues realized for the year in which this amendment is adopted or ratified by the qualified voters of this State shall be applied to any indebtedness, except bonded indebtedness due and owing by either of the counties from which the said Peach County is created; it being the purpose of this provision to fix the basis of settlement between the counties involved upon their financial condition on the 31st day of December next following the ratification of this amendment. Taxes and revenues applied to debt. Sec. 2. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of same, That whenever the proposed amendment to the Constitution shall be agreed upon by two-thirds of the members elected to each of the two Houses of the General Assembly and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be, and he is, hereby authorized and instructed to cause the above proposed amendment to be published in at least two newspapers in each congressional district of this State, for the period of two months next preceding the time of holding the next general election, and the Governor is further authorized and directed to provided for the submission of the amendment proposed for ratification or rejection to the electors of this State at the next general election to be held after such publication, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment shall have written or printed on their ballot the words: For amendment to the Constitution creating Peach County, and all persons voting at said election against the adoption of said proposed amendment shall have written or printed on their ballot the words Against the Amendment to the Constitution creating Peach County. Publication. Submission to popular vote. Form of ballot.
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If a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for the ratification of said proposed amendment, then the said Peach County shall have been duly created, and the Governor may, when he ascertains the result from the Secretary of State, to whom the returns of said election shall be referred in the manner as in cases of elections of members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one daily paper of this State, announcing such result, and declaring the amendment ratified. Proclamation. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 18, 1924.
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TITLE IV. Code Amendments. ACTS. Civil 57. Registered Voters' Lists, Time of Filing. 1169. Redemption from Sale for Drainage Assessment. 1249. State Depository in Monroe. 1565. Library Commission Expenses. 2502, 2506. Industrial Life-Insurance; Periods for Paying Premiums, etc. 2936, 2938. Marriage License Applications, Contents, Time of Filling, Posting, etc., Penalty on Ordinary. 3306. Deed to Secure Debt; Bond to Reconvey not Required, when. 3414. Exemption of Debtor's Furniture, how set apart. 4203. Attestation of Deed outside this State. 4365. Certiorari proceedings to be filed in ten days. 4424, 4425. Homicide, recovery for, in behalf of dependent next of kin, etc. 5858. Depositions of Party admissible after death; Rebuttal by Survivor. Penal 216. Trespass by Cutting Ornamental Tree or Flowering Shrub. REGISTERED VOTERS' LISTS, TIME OF FILING. No. 478. An Act to amend Section 57 of Volume 1 of the Code of Georgia of 1910, to provide the time when registrars shall make and file their report of registered voters, the said list to include certain voters as were qualified as of the first day of June next preceding; to provide this Act shall not be construed to change existing laws with reference to special elections, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 57 of Volume 1 of the Code of Georgia of 1910 be and the same is hereby amended by adding at the end thereof the following proviso, to-wit: C. C. 57 amended. Provided, that should the said registrars for any cause fail or refuse to make up and file said list of registered voters
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within the time required by law, then the said registrars may, at any time before the 20th of day of August during the year in which general elections in this State are held, make up and file such list of registered voters, so that said Section as amended shall read as follows: Sec. 57. When the work shall be completed . The registratrars shall proceed with their work and complete the same not later than June 1st. In any county in which, in the opinion of the judge of the superior court, one board of registrars can not complete the work by June 1st, the judge of the superior court in his discretion can appoint one or more assistant boards of registrars with like duties and responsibilities, and the work shall be divided as the regular board may direct. Provided, that should the said registrars for any cause fail or refuse to make up and file said list of registered voters within time now required by law, then the said registrars may, at any time before the 20th day of August during the year in which general elections in this State are held, make and file such list of registered voters. Provided further this Act shall not be construed to change existing laws with reference to special elections. Extension of time for filing lists. Sec. 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 16, 1924. REDEMPTION FROM SALE FOR DRAINAGE ASSESSMENT. No. 257. An Act to amend Section 1169 of Volume 1 of the Code of Georgia of 1910 providing for the redemption of property sold for taxes. Section 1. 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 1169 of Volume 1 of the Code of Georgia
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of 1910 be and the same is hereby amended by adding between the words school and tax the words or drainage assessment, and leaving out between the words county, or school the word or, in the second line of said section, so that said section when amended shall read as follows: C. C. 1169 amended. Sec. 1169. Land sold may be redeemed . Where real estate has been sold under any State, city, county, school, or drainage assessment tax fi. fa., the same may be redeemed at any time within twelve months after the sale by the defendant in tax fi. fa., his guardian or trustee, heirs or personal representatives, or by any tenant in common, remainderman, or other persons having an interest in such property, or by the holder of any mortgage, judgment, lien, or other interest in said property, or by any creditor of the defendant in fi. fa., by paying the purchaser the amount paid by said purchaser for said land, with ten per cent. premium thereon from the date of the purchase to the time of payment. To read. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved July 9, 1924. STATE DEPOSITORY IN MONROE. No. 288. An Act to amend Section 1249 of Volume 1, of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named so as to add the City of Monroe, in the County of Walton, State of Georgia, to a list of such cities and towns and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection of depositories by the
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Governor, of banks in certain cities and towns thereof named as State depositories, and the several Acts of the General Assembly amendatory thereof, be and the same are hereby amended so as to add the City of Monroe, in the County of Walton, State of Georgia, to the list of such cities and towns. C. C. 1249 amended. Depository in Monroe. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 24, 1924. LIBRARY COMMISSION EXPENSES. No. 511. 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 $6,000.00 in the seventh line of said section 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 1565 of Volume 8 of Park's Annotated Code of Georgia be and the same is hereby amended by striking the words $6,000.00 in the seventh line of said section and inserting in lieu thereof the words $10,000.00 so that said section when amended shall read as follows: C. C. 1565 amended. Sec. 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 $10,000.00 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
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direction of the commission. The commission shall be provided with suitable quarters in the State Capitol. Provided that the provisions of this section shall not become effective until January 1st, 1926. $10,000 for services of Secretary and other expenses. Act effective January 1, 1926. Sec. 2. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 18, 1924. INDUSTRIAL LIFE-INSURANCE; PERIODS FOR PAYING PREMIUMS, ETC. No. 495. An Act to amend Section 2502 and Section 2506, Volume 2 of the Code of Georgia, the first defining Industrial Life-Insurance, and the second enumerating the companies subject to the law, in the following particulars: Section 2502 to be amended by a lengthening of the periods for which the stipulated premiums, advance assessments, or dues may be collected; and Section 2506 to be amended so as to include the companies which may qualify as Industrial Life-Insurance Companies, under the provisions of Section 2502, as amended 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 Section 2502, Volume 2 of the Code of Georgia, defining Industrial Life-Insurance Companies, be and the same is hereby amended by inserting immediately after the word bi-weekly, in the third line of said section, the following words, to-wit: Monthly, quarterly, semi-annually or annually, so that said Section 2502 when so amended shall read as follows: Section 2502. Industrial life-insurance defined . Industrial life-insurance is that insurance for which the stipulated premiums, advance assessments, or dues, are regularly payable and collectible weekly, bi-weekly, monthly, quarterly, semi-annually or annually, and the policies or benefit
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certificates for which are for sums of not more than five hundred dollars on a single life, and which policies or benefit certificates may provide a weekly benefit for disability, caused by sickness or accident, not greater than twenty dollars per week. C. C. 2502 amended. To apply where dues, etc., are payable monthly, quarterly, semiannually or annually. Sec. 2. Be it further enacted by the authority aforesaid, That Section 2506, Volume 2 of the Code of Georgia, specifying the companies subject to the provisions of the law with reference to Industrial Life-Insurance, be amended in the following particulars, to-wit: By inserting immediately after the word bi-weekly, in the third line of said Section 2506, the following words, to-wit: Monthly, quarterly, semi-annually, or annually, and by inserting immediately after the word bi-weekly, in the sixth line of said Section 2506, the words monthly, quarterly, semi-annually, or annually in advance, so that said Section 2506, when so amended, shall read as follows: Section 2506. Companies subject to this law . The provisions of this section shall in no way apply to any company, association, organization, or society which does not collect its premiums, or dues, weekly, bi-weekly, monthly, quarterly, semi-annually or annually; but any company, association, organization, society or fraternal beneficiary order, with or without a ritualistic form of government, which collects its dues or premiums weekly, bi-weekly, monthly, quarterly, semi-annually, or annually, and which for the purpose of securing business or members, * * Compare with Civil Code, 2506. Compiler. employs paid agents, collectors, or solicitors, shall come under the provisions of this section. C. C. 2506 amended. Periods for payments. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 18, 1924.
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MARRIAGE LICENSE; APPLICATIONS, TIME OF FILING, POSTING, ETC., PENALTY ON ORDINARY. No. 516. An Act to amend the laws relating to issuing marriage licenses and to marriage by amending Section 2936 of the Georgia Code of 1910 to require issuance of license to nonresident female by Ordinary of County in which ceremony is to be performed; to require return of license and certificate by officiating persons to Ordinary within thirty days after ceremony; to require statement under oath from applicant for license; by amending Section 2938 of the Georgia Code of 1910 to require filing of applications for marriage licenses five days ahead of issuance of license; to require posting of said applications by Ordinaries for this period of five days; to provide a penalty for violation of these provisions; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same; that Section 2936 of the Georgia Code of 1910 be amended by adding after the word State the following clause: Provided, that if she be a nonresident of this State, then by Ordinary of the county in which the ceremony is to be performed; by adding after the word marriage in the seventh line of said Section the words within thirty days after the date of said marriage; and by adding the following paragraph: No marriage license shall be granted until the Ordinary or his deputy shall have secured in writing answers under oath from the contracting parties or either of them to the following questions concerning each: Name, Residence, City, County and State, Age, Relationship, White or Colored, Previously Married, Divorced Upon What Grounds, When and Where, Any Legal Impediment, Date and Place of Contemplated Marriage, Parent's Residence, Parent's Nationality; which answers shall be certified to by the Ordinary or his deputy and recorded on or attached to the marriage license; so that when thus amended it shall read as follows: C. C. 2936 amended.
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Marriage licenses shall be granted by the Ordinaries, or their deputies, of the several counties where the female to be married resides, if resident in this State; provided, that if she be a nonresident of this State, then by the ordinary of the county in which the ceremony is to be performed; directed to any Judge, Justice of the Peace, or Minister of the Gospel, authorizing the marriage of the persons therein named, and requiring such Judge, Justice of the Peace, or Minister of the Gospel to return the said license to the ordinary, with his certificate thereon as to the fact and date of the marriage, within thirty days after the date of said marriage, which license with the return thereon shall be recorded by the ordinary in a book kept by him for this purpose. To read. License for nonresident female. Return of marriage certificate in 30 days. No marriage license shall be granted until the ordinary or his deputy shall have secured in writing answers under oath from the contracting parties or either of them to the following questions concerning each: Name, Residence, City, County, and State, Age, Relationship, White or Colored, Previously Married, Divorced, Upon What Grounds, When and Where, Any Legal Impediment, Date and Place of Contemplated Marriage, Parent's Residence, Parent's Nationality; which answers shall be certified to by the ordinary or his deputy and recorded on or attached to the marriage license. Questions to be answered ed on oath before granting license. Answers attached to license. Sec. 2. That Section 2938 of the Georgia Code of 1910 be amended by adding as a prefix the following: Immediately upon receiving application for a license, the ordinary or his deputy shall post in the ordinary's office a notice giving the names and residences of the parties applying therefor and the date of the application. No license shall be issued earlier than five days following the date of application for such license, within which period of five days objections to the proposed marriage may be entered; provided, that in case of emergency, or extraordinary circumstances, the Judge of the Court having probate jurisdiction may authorize the license to be issued at any time before the expiration of said five days; by adding after the word deputy in the seventh line of said Section the following: shall fail to post in his office facts pertaining to the application, or who shall issue a license in violation of
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the time provisions; so that when thus amended it shall read as follows: C. C. 2938 amended. Immediately upon receiving application for a license, the ordinary or his deputy shall post in the ordinary's office a notice giving the names and residences of the parties applying therefor, and the date of the application. No license shall be issued earlier than five days following the date of application for such license, within which period of five days objections to the proposed marriage may be entered; provided, that in case of emergency or extraordinary circumstances, the Judge of the Court having probate jurisdiction may authorize the license to be issued at any time before the expiration of said five days. It shall be the duty of the ordinary and his deputy to inquire as to ages of all persons for whom marriage licenses are asked, and if there be any grounds of suspicion that the female is a minor under age of eighteen years, such ordinary and his deputy shall refuse to grant the license until the written consent of the parents or guardians, if any, controlling such minor, shall be produced and filed in his office; and any ordinary who, himself or deputy, shall fail to post in his office facts pertaining to the application, or who shall issue a license in violation of the time provisions, shall knowingly grant such license without such consent, or without proper precaution in inquiring into the fact of minority, or for the marriage of a female to his knowledge domiciled in another county, shall forfeit the sum of $500 for every such act, to be recovered at the suit of the Clerk of the Superior Court, and added to the educational fund of the county. The posting of said notice may be dispensed with in case the parents or guardian of the female appears in person before the Ordinary and consents in writing to the issuance of said license. * * Compare with section amended. Compiler. To read. Notice of application, to be posted. Five days for objections. Proviso as to emergency etc. Penalty of $500 on Ordinary not complying with Act. Consent of parents to dispense with posting, etc. Sec. 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 18, 1924.
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DEED TO SECURE DEBT; BOND TO RECONVEY NOT REQUIRED, WHEN. No. 485. An Act to amend Section 3306 of the Civil Code of Georgia (1910), by adding at the end of such section the following: No bond to reconvey shall be necessary where such deed shows upon its face that it is given to secure a debt. 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 3306 of the Civil Code of Georgia (1910) be and the same is hereby amended by adding at the end of such section the following words: No bond to recovery shall be necessary where such deed shows upon its face that it is given to secure a debt; so that said section, when so amended, shall read as follows: C. C. 3306 amended. Section 1. 3306 (2771). Absolute deeds and not mortgages . Whenever any person in this State conveys any real property by deed to secure any debt to any person loaning or advancing said vendor any money or to secure any other debt, and shall take a bond for titles back to said vendor upon the payment of such debt or debts, or shall in like manner convey any personal property by bill of sale and take an obligation binding the person to whom said property is conveyed to reconvey said property upon the payment of said debt or debts, such conveyance of real or personal property shall pass the title of said property to the vendee till the debt which said conveyance was made to secure shall be truly [fully * * See Civil Code, 3306. Compiler. ?] paid, and shall be held by the courts of this State to be an absolute absolute conveyance, with the right reserved by the vendor to have said property reconveyed to him upon the payment of the debt or debts intended to be secured agreeably to the terms of the contract, and not a mortgage. No bond to reconvey shall be necessary where such deed shows upon its face that it is given to secure a debt. To read. When bond to reconvey is not necessary.
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Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1924. EXEMPTION OF DEBTOR'S FURNITURE, ETC., HOW SET APART. No. 390. An Act to amend Section 3414 of the Code of 1910 providing for the setting apart of three hundred dollars worth of household and kitchen furniture and provisions, by adding a new section, and numbering said Section 3414-a, providing how said household and kitchen furniture and provisions shall be set apart, 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 mode of setting apart said household and kitchen furniture and provisions shall be as follows: Every debtor seeking the benefit of Section 3414 of the Code of 1910 and his wife, if any, shall make out a schedule of their household and kitchen furniture and provisions, setting out the items and value thereof, claimed to be exempt, and return the same to the ordinary of the county in which said applicant resides, without making any application for said exemption, and it shall not be necessary to publish the same in a gazette. The ordinary shall record the schedule in a book to be kept by him for that purpose, and he shall receive for each schedule filed, approved and recorded the sum of $2.00. C. C. 3414 amended. Mode of setting apart exemption. 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, 1924.
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ATTESTATION OF DEED OUTSIDE THIS STATE. No. 272. An Act to amend Section 4203 of the Code of Georgia of 1910 as amended by an Act approved August 19, 1912, touching the execution of deeds out of the State of Georgia by providing that a justice of the peace or a notary public ex-officio justice of the peace of the State and country or city or county where executed, or a notary public of a city of the State or country where executed, shall be a competent official witness to a deed to realty or personalty in the State of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 4203 of the Code of Georgia of 1910, as amended by an Act approved August 19, 1912, be and the same is hereby amended by inserting the words justice of the peace or notary public ex-officio justice of the peace, and also the words or State and or city in said section, so that said Section 4203 of the Code of Georgia of 1910, as amended by the Act approved August 19, 1912, when so amended shall read as follows: C. C. 4203 amended. Sec. 4203. To authorize the record of a deed to realty or personalty, when executed out of this State, the deed must be attested by or acknowledged before a commissioner of deeds for the State of Georgia, or a consul or vice-consul of the United States (the certificate of these officers under their seal being evidence of the fact), or by a judge of a court of record in the State or country where executed, with a certificate of the clerk under the seal of such court of the genuineness of the signature of such judge, or by a clerk of a court of record under the seal of the court, or by a notary public or justice of the peace or a notary public ex-officio justice of the peace, of the State or State and county, or city or country where executed, with his seal of office attached; and if such notary public or justice of the peace or notary public ex-officio justice of the peace has no seal, then his official character shall be certified by a clerk of any court of record in the county, or city, or country
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of the residence of such notary or justice of the peace, or notary public ex-officio justice of the peace. A deed to realty must be attested by two witnesses, one of whom may be one of the officials aforesaid. To include attestation by Justice of the Peace. or N. P. ex off. J. P. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved July 15, 1924. CERTIORARI PROCEEDINGS TO BE FILED IN TEN DAYS FROM SANCTION. No. 489. An Act to repeal Section 4365 of the Civil Code of 1910, which section fixes the time for the filing of certiorari proceedings, and to substitute a new section in lieu 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 the authority of same, That from and after the passing of this Act that Section 4365 of the Civil Code of 1910, which reads as follows to-wit: All writs of certiorari shall be allowed within three months after the rendition of the judgment sought to be reversed, be and the same is hereby repealed. C. C. 4365 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act that said Section 4365 of the Civil Code of 1910 shall read as follows, to-wit: All certiorari proceedings shall be filed in the clerk's office within ten days from the date of their sanction, except certiorari proceedings from the Court of Appeals. New Section. Filing in 10 days from sanction. 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, 1924.
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HOMICIDE, RECOVERY FOR, IN BEHALF OF DEPENDENT NEXT OF KIN, ETC. No. 488. An Act to amend Section 4424 and 4425 of the Code of Georgia of 1910, relating to recovery for homicide, by providing for recovery by the administrator of the deceased for the benefit of the next of kin, if dependent upon the deceased, 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 4424 of the Code of Georgia of 1910, relating to recovery for homicide, be and the same is hereby amended by inserting after the words child or children, in the second line thereof, the words minor or sui juris, and by adding to said section the following words: In cases where there is no person entitled to sue under the foregoing provisions of this section, the administrator of the deceased person may sue for and recover for the benefit of the next of kin, if dependent upon the deceased, or to whose support the deceased contributed, in which event the amount of the recovery shall be determined by the extent of the dependency or the pecuniary loss sustained by the next of kin; so that said section when amended, shall read as follows: Section 4424. Recovery for homicide, when . A widow, or if no widow, a child or children, minor or sui juris, may recover for the homicide of the husband or parent; and if suit be brought by the widow or children, and the former or one of the latter dies pending the action, the same shall survive in the first case to the children, and in the latter to the surviving child or children. The husband may recover for the homicide of his wife, and if she leaves child or children surviving, said husband and children shall sue jointly and not separately, with the right to recover the full value of the life of the deceased, as shown by the evidence, and with the right of survivorship as to said suit, if either die pending the action. A mother, or, if no mother, a father, may recover for the homicide of a child, minor or sui juris, upon whom she or he
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is dependent, or who contributes to his or her support, unless said child leaves a wife, husband, or child. Said mother or father shall be entitled to recover the full value of the life of said child. In cases where there is no person entitled to sue under the foregoing provisions of this section, the administrator of the deceased person may sue for and recover for the benefit of the next of kin, if dependent upon the deceased, or to whose support the deceased contributed; in which event the amount of the recovery shall be determined by the extent of the dependency or the pecuniary loss sustained by the next of kin. C. C. 4424 amended. To read. When administrator may recover for next of kin. Sec. 2. Be it further enacted by the authority aforesaid, That Section 4425 of the Code of Georgia of 1910, relating to recovery for homicide, be and the same is hereby amended by inserting after the words by the evidence, in the sixth line thereof, the following words, where recovery is had by the administrator, the measure of recovery shall be as provided in the preceding section, and the administrator shall hold the amount of the recovery for the benefit of the next of kin, if dependent, or to whose support the deceased contributed. So that said section when amended shall read as follows: Section 4425. Definition of terms in preceding section . The word homicide, used in the preceding section, shall be held to include all cases where the death of a human being results from a crime or from criminal or other negligence. The plaintiff, whether widow, or child, or children, may recover the full value of the life of the deceased, as shown by the evidence. Where recovery is had by the administrator, the measure of recovery shall be as provided in the preceding section, and the administrator shall hold the amount of the recovery for the benefit of the next of kin, if dependent, or to whose support the deceased contributed. In the event of a recovery by the widow she shall hold the amount recovered subject to the law of descents, as if it were personal property descending to the widow and children from the deceased; and no recovery had under the provisions of this section shall be subject to any debt or liability, of any character of the deceased husband or parent. The full value of the life of the deceased, as shown by the evidence, is the full
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value of the life of the deceased without deduction for necessary or other personal expenses of the deceased had he lived. C. C. 4425 amended. To read. Measure of recovery. Amount recovered held by administrator, when. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved August 18, 1924. DEPOSITIONS OF PARTY ADMISSIBLE AFTER DEATH; REBUTTAL BY SURVIVOR. No. 360. An Act to amend Section 5858 of Code of Georgia, relative to competency of witnesses, by adding an additional sub-section providing that depositions of witnesses taken while both parties to a pending suit are competent to testify, shall be admissible in evidence upon the trial of such cause, and for other purposes. Section 1. The General Assembly of Georgia hereby amends Section 5858 of the Code of Georgia, by adding thereto an additional sub-section to read as follows: Section 8. The plaintiff or defendant in any case now pending or which may be hereafter brought may take and preserve his own testimony by interrogatories or depositions while both parties are in life and competent to testify, and such depositions or interrogatories shall be admissible in evidence upon the trial of such case, notwithstanding the death of either party. In the trial of such case the opposite party shall be competent to testify in rebuttal to the testimony contained in such depositions or interrogatories. C. C. 5858 amended. Subsection 8 added. Depositions of party used after death of either party; rebuttal. Sec. 2. All laws in conflict with this Act are repealed. Approved August 6, 1924.
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TRESPASS BY CUTTING ORNAMENTAL TREE OR FLOWERING SHRUB. No. 467. An Act to amend Section 216 of the Penal Code, defining the acts constituting the offense of trespass, by adding after the words shade tree in the first line of Paragraph 1 of said Section 216, the following words, to-wit: ornamental tree, flowering shrub, so that said Paragraph 1 of said Section 216, when so amended, shall read as follows: The willful cutting or felling of any wood, timber, or shade-tree, ornamental tree, flowering shrub, or any chestnut-tree upon the land, inclosed or uninclosed, of another, without the consent of the owner; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That Section 216 of the Penal Code of Georgia, defining the acts constituting the offence of trespass, be amended by adding after the words shade-tree, in the first line of Paragraph 1 of said Section 216, the words ornamental tree, flowering shrub, so that said Paragraph 1, when so amended, will read as follows: The willful cutting or felling of any wood, timber, or shade-tree, ornamental tree, flowering shrub, or any chestnut-tree upon the land, inclosed or uninclosed, of another, without the consent of the owner. P. C. 216 amended. To read. Cutting ornamental tree or flowering shrub. Sec. 2. 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 13, 1924.
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TITLE V. Superior Courts. ACTS. Cherokee Superior Court Terms Changed. Clarke Superior Court Terms Changed. Cobb Superior Court Fall Term Changed. Flint Circuit Terms of Court. Greene Superior Court; Four Terms; Grand Juries. Houston Superior Court Terms Changed if Peach County Is Created. Irwin Superior Court; Three Terms: Grand Juries. Madison Superior Court Terms Changed. Toombs Superior Court; Grand Jury. Wayne Superior Court Terms Changed. Wheeler Superior Court Terms. Wilcox Superior Court Terms. CHEROKEE SUPERIOR COURT TERMS CHANGED. No. 420. An Act to amend an Act, approved August 7, 1919, providing for the holding of three terms a year of the Superior Court of Cherokee County, so as to change the time for holding the December Term of said court from the second Monday to the first Monday, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section Two (2) of the Act providing for holding three terms of the Superior Court of Cherokee County, approved August 7, 1919, be amended by striking from line three (3) of said Section Two (2) of said Act the word Second and insert in lieu thereof the word First, so that said section when amended will read as follows: Sec. 2. Be it further enacted, That the terms of said court shall be held on the fourth Monday in February, on the
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first Monday in August, and on the first Monday in December in each year. Times of holding court. Sec. 3. Be it further enacted by the authority aforesaid' That the provisions of this Act shall become effective immediately after approval of the Governor. Act effective on approval. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws which are in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 11, 1924. CLARKE SUPERIOR COURT TERMS CHANGED. No. 408. An Act to change the times of holding the Superior Court of Clarke County, Georgia, so as to provide that said court shall be held on the first Monday in January, first Monday in April, first Monday in July and first Monday in October of each year, instead of on the third Monday in January, second Monday in April, third Monday in July and the second Monday in October of each year, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be held in each year four terms of the Superior Court in and for the County of Clarke, State of Georgia, in the Western Judicial Circuit. Sec. 2. Be it further enacted by the authority aforesaid, That the terms of the Superior Court of Clarke County, Georgia, shall be held on the first Monday in January, first Monday in April, first Monday in July and first Monday in October of each year. Times of holding court. Sec. 3. Be it further enacted, That the provisions of this Act as to the time of holding said court shall not become
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effective until after the October term, 1924, of Clarke Superior Court as now fixed by law, but shall be applicable to the January term, 1925, of said court, and to all subsequent terms thereof. Effective after October term, 1924. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 1, 1924. COBB SUPERIOR COURT FALL TERM CHANGED. No. 270. An Act to change the time of holding the Superior Court of Cobb County, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the time of holding the fall term of Cobb County Superior Court shall be changed from the third Monday in November to the second Monday in November of each year. Fall term, second Monday in November. 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 15, 1924. FLINT CIRCUIT TERMS OF COURT. No. 324. An Act to prescribe the time for holding the Superior Courts in the counties comprising the Flint 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
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of same, That from and after the first day of January, 1925, the time for holding the Superior Courts in the counties comprising the Flint Judicial Circuit shall be as follows: Times of holding courts. Butts County: the first and second Mondays in the month of February, and the third and fourth Mondays in August of each year. Butts County. Monroe County: third and fourth Mondays in the months of February, May, and November, and the first and second Mondays in the month of August of each year. Monroe County. Lamar County: first and second Mondays in the months of March and September. Lamar County. Henry County: third and fourth Mondays in the months of March and September. Henry County. So that there shall be in each year four terms of court in the County of Monroe, and two terms of court in the Counties of Butts, Lamar and Henry. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be repealed. Approved August 4, 1924. GREENE SUPERIOR COURT; FOUR TERMS A YEAR; GRAND JURIES. No. 267. An Act to provide for the holding of four terms each year of Greene Superior Court, to prescribe and fix the time for holding the same, to provide when this Act shall become effective, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after January 1, 1925, there shall be held in each year four terms of the Superior Court for the County of Greene, State of Georgia, in the Ocmulgee Circuit. Four terms a year.
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Sec. 2. Be it further enacted by the authority aforesaid, That the terms of said court shall begin and be held on the fourth Monday in January, the fourth Monday in April, the fourth Monday in July, and the fourth Monday in October in each year. Sec. 3. Be it further enacted by the authority aforesaid, That grand juries shall be drawn for the terms of said court convening in January and July of each year only; provided, however, the presiding judge may, in his discretion, draw and require the attendance of a grand juror at the April term of said court and at the October term of said court, or either of them, which grand jury shall pass upon such questions only as are particularly referred to such grand jury for action and attention by the presiding judge. Grand juries, when drawn, etc. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 15, 1924. HOUSTON SUPERIOR COURT TERMS CHANGED IF PEACH COUNTY IS CREATED. No. 356. 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. Sec. 2. Be it further enacted by the authority aforesaid, That the terms of said court shall be held on the second Monday in January, on the first Monday in April, on the second
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Monday in July, and on the first Monday in October of each year. Times of holding court. Sec. 3. Be it further enacted by the authority aforesaid, That this law shall not become effective before the first day of January, 1925, and shall not be effective at all unless the bill to abolish the City Court of Houston County, introduced at the 1924 session of the General Assembly of Georgia, shall become a law and the provisions thereof become effective as in said bill provided, by the ratification by the voters of the State of Georgia of the Constitutional Amendment creating Peach County, the Act submitting said amendment having been passed and approved at the 1924 session of the General Assembly. Condition on which 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. Approved August 6, 1924. IRWIN SUPERIOR COURT; THREE TERMS; GRAND JURIES. No. 280. 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 passage of this Act there shall be held in each year three terms of the Superior Court of the County of Irwin, in the Tifton Circuit. Sec. 2. Be it further enacted, That the terms of said court shall begin on the second Monday in February, second Monday in August, and second Monday in November in each year and said court shall continue in session at each term thereof for the
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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. Time of holding court. 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 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, when drawn, erc. Sec. 4. Be it further enacted, That all writs, orders, summons, subpoenas, 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. Writs, orders, etc. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 23, 1924. MADISON SUPERIOR COURT TERMS CHANGED. No. 312. An Act to amend an Act of the General Assembly of Georgia, Acts, 1913, Page 66, to provide for the change in terms of the Madison Superior Court, from the months of July and January, to the months of June and December, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section two of an Act by the General Assembly of Georgia, Acts 1913, Page 66 and approved August 18, 1913, be amended
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by striking from said section the words: second Monday in January and the fourth Monday in July and insert in lieu thereof the words second Monday in December, and the second Monday in June, so when so amended said section shall read as follows: Ga. L. 1913, D. 66, amended. Sec. 2. Be it further enacted, That the terms of said court shall be held on the first Monday in March, second Monday in June, first Monday in September and second Monday in December in each year. Times of holding court. 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, 1924. TOOMBS SUPERIOR COURT; GRAND JURY. No. 404. An Act to amend an Act approved August 10, 1912, providing for holding four terms of the Superior Court of Toombs County, and to prescribe the time of holding the same, and for other purposes, by striking all of paragraph four and substituting in lieu thereof the following: Be it further enacted by the authority aforesaid, That the grand jury shall be called to meet only at the February and August terms in each year; provided, however, that the presiding judge may call them to convene at the May and November terms when he sees fit to do so. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, That the Act approved August 10, 1912, providing for holding four terms of the Superior Court of Toombs County, and to prescribe the time of holding the same, and for other purposes, be and the same is hereby amended by striking all of paragraph four and substituting in lieu thereof the following: (Section 4). Be it further enacted by the authority
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aforesaid that the grand jury shall be called to meet only at the February and August terms in each year; provided, however, that the presiding judge may call them to convene at the May and November terms when he sees fit to do so. Grand jury meets when. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict be and the same are hereby repealed. Approved August 11, 1924. WAYNE SUPERIOR COURT TERMS CHANGED. No. 427. An Act to change the time of convening Superior Court of Wayne County. Section 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 Superior Court of Wayne County, Brunswick Judicial Circuit, State of Georgia, shall convene on the third and fourth Mondays in April and November. Held when. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1924. WHEELER SUPERIOR COURT TERMS. No. 350. An Act to provide the time for holding the Superior Courts in Wheeler 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 Courts
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shall sit in the County of Wheeler, State of Georgia, twice in each year, and the said court in said county shall have two terms of two weeks each in each year, as follows, to-wit:. The first term or spring term shall sit and be held the weeks beginning on the fourth Monday in March and on the Monday following the fourth Monday in March in each year, and the second or fall term shall sit and be held the weeks beginning on the fourth Monday in September and on the Monday following the fourth Monday in September of each year. Held when. 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 6, 1924. WILCOX SUPERIOR COURT TERMS. No. 394. An Act to prescribe the time for holding Superior Court in the County of Wilcox, (Cordele Judicial Circuit), and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That from and after the first day of January, 1925, the time for holding the Superior Court in the County of Wilcox shall be as follows: Fourth Monday of March and the Monday following: first Monday in July and the fourth Monday of November and the Monday following, so that there shall be in each year two terms of two weeks each and one term of one week. Held when. 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, 1924.
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TITLE VI. Miscellaneous Civil and Penal Laws. ACTS. CIVIL LAWS. Argument of Counsel limited. Bank authorized to buy Stock in Agricultural Credit Corporation, when. Cattle-Tick Quarantine. City Court Judge's Salary $10,000.00 in cities of certain population. City Court Stenographers in certain counties. City Courts, when Courts of Record; Attestation of Deeds, etc., by Judge or Clerk. Co-operative Marketing Association Charters granted by Superior Court validated. Coroner's Duties in County of 200,000 population. Costs in Trover cases, when limited to $5.00. County Funds; Investment of Sinking Funds. County Officers' Salaries in counties of 200,000 population. County Officers' Salaries in counties of 44,000 to 150,000 population. District Agricultural School, Twelfth District, Land exchange. Electric-Railroad Companies authorized to own Stock in Motor-Bus Companies, etc. Fertilizer Analysis and Branding. Game and Fish Laws Revised; State Board created; State Commissioner; Tidewater Commissioner. Harbor, Port, and Terminal Commission; Repeal of provision for Expenses. Highway Department authorized to use Convict Labor. Industrial College for Colored Youths; New Board of Trustees. Insurance Companies' Deposits; what Securities received, and Valuation. Insurance; Incorporation of Mutual Fire-Insurance Companies. Jailers, Guards, etc., Salaries of, in counties of certain population. Lien for Internal Revenue Tax; Filing Notice, and Certificate of Discharge. Mortgage on Crops before planted. Negotiable Instruments Law. Normal School at Statesboro established as branch of State University. Pensions for Firemen in certain cities; Payments in case of Accident, Death, etc. Railroad Equipment; Automatic Door to Fire-Box of Locomotive required. School of Technology; Investment of Julius L. Brown Fund. Schools; aid for Consolidated Schools, from Poll-Tax. South Georgia Agricultural and Mechanical College established. Tax Digests for Special Taxes; Licenses; Duties and Pay of Tax-Collector. Voting by Mail. PENAL LAWS. Arson, and Attempt to Commit Arson; offenses defined. Check, Draft, or Order without funds to pay it; offense defined. Death Penalty, Electrocution at Penitentiary; Date of Execution, how changed. Hunting or Possessing Doves, Season for. Liquor Seizure Reports, Time Limit for; Penalty on Officer. Quail protection in counties of certain population; repeal of Act. Tips, repeal of law prohibiting.
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ARGUMENT OF COUNSEL LIMITED No. 487. An Act to regulate and limit the argument of counsel in all civil and criminal cases in the City Courts and Superior Courts of this State: Section 1. Be it enacted by the General Assembly of Georgia that no more than two counsel shall be permitted to argue any cause for each side, except by express leave of the court; and in no case shall more than one counsel be heard in conclusion. Number of counsel who may argue case. Sec. 2. In all criminal cases below felony, and in cases of appeal from justices' courts and county courts, counsel for neither party shall, without special leave of the court obtained before the argument is opened, occupy more than one-half hour in the whole discussion of the case after the evidence is closed. Half-hour limit in misdemeanor and appeal cases. Sec. 3. In felony cases other than capital felonies counsel shall be limited in their arguments to one hour to the side; in capital felonies counsel shall be limited to two hours on a side; in all other cases counsel shall be limited to two hours on a side. Hour limit in cases of felony not capital; two hours in other cases. Sec. 4. If counsel on either side before argument begins shall apply to the court for extension of the time prescribed for argument and shall state in his place, or on oath, in the discretion of the court, that he or they cannot do the case justice within the time prescribed, and that it will require for that purpose additional time, stating how much additional time will be necessary, the court shall grant such extension of time as may seem reasonable and proper, provided that the extension of time asked for in misdemeanor cases shall not excess 30 minutes. Extension of time, when allowed. Sec. 5. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1924.
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BANK AUTHORIZED TO BUY STOCK IN AGRICULTURAL CREDIT CORPORATION, WHEN. No. 435. An Act to amend an Act entitled an Act to regulate banking in the State of Georgia; to create the Department of Banking of the State of Georgia; to provide for the incorporation of banks, and the amendment, renewal and surrender of charters; to provide penalties for the violations of laws with reference to banking and the banking business; and for other purposes, approved August 16, 1919, so as to authorize banks to subscribe for or purchase stock in agricultural credit corporations having authority to make loans to farmers for agricultural purposes and to re-discount the same with the Intermediate Credit Bank of Columbia, 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 same, That from and after the passage of this Act, Section 23 of Article 19 of an Act entitled an Act to regulate banking in the State of Georgia; to create the Department of Banking of the State of Georgia; to provide for the incorporation of banks, and the amendment, renewal and surrender of charters; to provide penalties for the violations of laws with reference to banking and the banking business; and for other purposes, approved August 16, 1919, be amended by adding at the end of said section the following proviso, to-wit: Ga. L. 1919. p. 201; Art. XIX, Sec. 23 amended. Provided, further, that any bank may subscribe for, or purchase, stock in an agricultural credit corporation duly organized under the laws of this State having authority to make loans to the farmers of this State for agricultural purposes and to re-discount the same with the Intermediate Credit Bank of Columbia, but no bank shall subscribe for or purchase stock in more than one such corporation, nor invest therein more than ten per centum of its capital, and no such subscription or purchase shall be made until first approved by the Superintendent of Banks. Amendment.
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So that said section as amended shall read as follows, to-wit: Sec. 23. Purchase of Stocks or Bonds. No bank shall subscribe or purchase any stocks (except stock in the Federal Reserve Bank or in any State Bank hereafter organized with functions applicable to its members similar in character and effect to the functions of the Federal Reserve Bank to its members, necessary to qualify for membership therein, in which case the purchase of stock in said State Bank shall not be made unless the purchase has first been approved by the State Superintendent of Banks and the amount of stock bought shall not exceed that permitted in the Federal Reserve Bank) or bonds, except bonds of the United States, of the State of Georgia, or of the several counties, districts, including drainage districts, or municipalities thereof, which have been duly and regularly validated as provided by law, or of the other States of the United States, or, with the approval of the Superintendent of Banks, good interest bearing bonds of foreign governments; provided that nothing herein contained shall limit or interfere with regularly authorized trust companies doing a trust company business, advancing or lending money on syndicate underwritings, upon which such trust companies are authorized to charge such commissions, in addition to interest, as may be agreed upon by the parties, or from subscribing, purchasing or holding stocks, bonds or other securities; Provided: That this section shall not apply to securities actually owned at the date of the approval of this Act. Provided further, That any bank of this State may invest not exceeding five per centum of its capital and surplus in the stock of a corporation engaged in the business, in whole or in part, of holding, marketing or exporting cotton from the United States, or any of its dependencies, or insular possessions, to any foreign country. But no bank shall subscribe to the capital stock of more than one such corporation, and shall first receive the approval of the Superintendent of Banks. Provided, further, That nothing contained in this section shall apply to savings banks doing only a savings business. Provided, further, That any bank may subscribe for, or purchase, stock in an agricultural credit corporation duly organized
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under the laws of this State having authority to make loans to the farmers of this State for agricultural purposes and to re-discount the same with the Intermediate Credit Bank of Columbia, but no bank shall subscribe for or purchase stock in more than one such corporation, nor invest therein more than ten per centum of its capital, and no such subscription or purchase shall be made until first approved by the Superintendent of Banks. To read. 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 13, 1924. CATTLE-TICK QUARANTINE. No. 515. An Act to provide for the maintenance of an effective quarantine along the border between the States of Georgia, Florida and Alabama to prevent reinfestation of the tick-free area in the State of Georgia with the cattle fever tick; to provide for the eradication, by the State Veterinarian, at the expense of the State, without expense to the county, of any subsequent reinfestation of the tick-free areas in any county that has completed tick-eradication; to authorize the State Veterinarian to negotiate and recommend with reference to the construction of a fence along the State line to prevent such infestation; to appropriate the sum of twelve thousand five hundred dollars for the year 1924 and twenty-five thousand ($25,000.00) dollars for the year 1925 to the State Veterinarian for the purpose of executing the provisions of this Act; to prevent the shipping or transporting of hides or the use of pine straw or other materials exposed to tick infestation from any other State into, within, or through the State of Georgia, to provide punishment in the event same is done; to repeal conflicting laws, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That hereafter the State Veterinarian shall provide and maintain an effective quarantine along the border between the States of Georgia, Florida, and Alabama, by the use of patrols or in such other manner as in his judgment will most effectively prevent reinfestation of the tick-free area in the State of Georgia with the cattle-fever tick (Margaropus Annulatus). Quarantine along border of Florida and Alabama. Sec. 2. Be it further enacted by the authority aforesaid, That after a county has completed tick-eradication as evidenced by complete release of all State and Federal quarantine restrictions, any subsequent reinfestation of the tick-free area shall be eradicated by the State Veterinarian at the expense of the State and without expense to the county, as at present provided in Section 3 of the Act approved August 17, 1918, commonly known as the Statewide Tick Eradication Act. Reinfestation eradicated without expense to county, when. Sec. 3. Be it further enacted by the authority aforesaid, That the State Veterinarian is hereby authorized to negotiate with the county authorities and property owners of the border counties regarding the construction of suitable fencing on the State lines, and report to the next session of the General Assembly his acts, findings and recommendations. Fencing on State border negotiation for, etc. Sec. 4. Be it further enacted by the authority aforesaid, That the sum of twelve thousand five hundred dollars for the year 1924 and twenty-five thousand ($25,000.00) dollars for the year 1925 be and the same is hereby appropriated to the State Veterinarian, Department of Agriculture, for the purpose of executing the provisions of this Act. Appropriation: $12,500 for 1924, $25,000 for 1925. Sec. 5. Be it further enacted by the authority aforesaid that, to prevent reinfestation of the tick-free area of Georgia through tick infested hides or through pine straw or other material used for bedding or other purposes, the shipping or transporting of hides, or the use of pine straw or other materials exposed to tick infestation originating in the tick infested and quarantined area of any other state into, within or through the State of Georgia is hereby prohibited. Transporting hides and use of pine straw, when prohibited.
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Any person, persons, firm, company or corporation who shall violate any of the provisions of this Act, upon conviction, be guilty of a misdemeanor and shall be fined not less than one hundred ($100.00) dollars for each such offense. Sec. 6. Be it further enacted by the authority aforesaid, That all laws, or parts of laws in conflict with this Act be and the same are hereby repealed. Penalty. Approved August 18, 1924. CITY COURT JUDGE'S SALARY $10,000.00 IN CITIES OF CERTAIN POPULATION. No. 322. An Act to amend an Act entitled, an Act to fix the salary of judges of the city courts of the State in counties having therein a city with a population of not less than 200,000; to provide for the payment of such salaries; and for other purposes. Approved July 19, 1920, by striking therefrom the figures 200,000 in the sixth line of Section 1, thereof, and inserting in lieu thereof the figures 175,000, and by striking from the seventh line of said Section 1, the figures $7,500.00, and inserting in lieu thereof the figures and words, $10,000.00 from and after the 1st day of October, 1924, and by adding to Section 2 of said Act the words and figures, as of said date, to-wit, 1st day of October, 1924, and for other purposes, so that said Act, when amended, shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the judge of the city court in all counties having therein a city with a population of not less than 175,000 according to the latest United States census, shall have an annual salary of $10,000.00 from and after the 1st day of October, 1924, payable in monthly installments out of the treasury in such counties in the same manner as judges of such counties are now paid. Salary in counties with city of 175,000 population.
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Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed, as of said date, to-wit, 1st day of October, 1924. Approved August 2, 1924. CITY COURT STENOGRAPHERS IN CERTAIN COUNTIES. No. 479. An Act to provide for the appointment of Stenographic reporters of city courts in counties having therein a city of not less than 39,000 nor more than 83,000 inhabitants according to the United States census of 1920, to define their duties, 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 authority of the same, That the judges of the city courts in all counties in the State having therein a city with a population of not less than 39,000, nor more than 83,000 according to the United States census of 1920, shall have power to appoint, and at pleasure remove, an official stenographic reporter of said court. Such reporters before entering upon the duties of his office, shall be duly sworn, in open court, faithfully to perform all the duties required of him under this Act, and it shall be his duty to attend all sessions of the court for which he is appointed, and when directed by the judge, as hereinafter set forth, to exactly and truly record or take stenographic notes of the testimony and proceedings in cases tried, except the argument of counsel. He shall, during the recess of the court, act as secretary to the judge of said court, and perform such duties as said judge may require. Appointment of city-court stenographers in counties with city of 39,000 to 83,000 population. Duties. Sec. 2. Be it further enacted, That the compensation of the reporter or stenographer for recording or taking stenographic notes and recording the evidence in said civil cases as may be agreed by counsel for plaintiff and defendant to be recorded,
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or in case of disagreement, as aforesaid in such cases, as the presiding judge may direct to be recorded, shall be at a rate not to exceed twelve cents per one hundred words, to be fixed by said judge, which fee shall be paid by the parties to the agreement, upon such terms as they may prescribe for themselves, and if no agreement is entered into as to the payment thereof, then in such manner as may be prescribed by the presiding judge. Rate of charge for reporting. Sec. 3. Be it further enacted, That said reporter or stenographer shall, for reports of evidence and other proceedings by him furnished, be paid by the party requesting the same, at a rate not to exceed twelve cents for each hundred words. Rate for reports furnished. Sec. 4. Be it further enacted, That said stenographer or reporter shall be paid one hundred and seventy-five dollars per month out of the county treasury for all services required of him, under the provisions of this Act; and in all counties to which this Act is applicable, said stenographer or reporter shall turn over, monthly, to the county treasurer of said county all moneys collected by him for reporting and transcribing the testimony and proceedings in all civil cases which may be so reported and transcribed by him in the said city court of said county; a monthly report to be made by him to the treasurer and the commissioner of roads and revenues, each, of said county, of all and moneys so collected and paid over by him, the said moneys to become a part of the county fund. Salary. Accounting for money collected. Payment to Treasurer. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1924.
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CITY COURTS, WHEN COURTS OF RECORD; ATTESTATION OF DEEDS, ETC., BY JUDGE OR CLERK. No. 258. An Act to provide that city courts created by Act of General Assembly of the State of Georgia shall be courts of record, and that deeds, mortgages, bonds for title, and other registrable instruments witnessed by the judge, clerk or deputy clerk of city courts shall be entitled to record. Section 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 city courts created in the State of Georgia by special Act of the General Assembly of State of Georgia shall be courts of record, and that deeds, mortgages, bonds for title, and other registrable instruments witnessed by the judge, clerk, or deputy clerk of city courts in this State shall be entitled to record. Judges of Municipal Courts in Georgia shall also have the same authority to witness deeds, mortgages, and bonds for title, and other registerable instruments as is herein granted to judges of the city courts, and amend caption accordingly; Provided that nothing herein contained shall dispense with two witnesses. 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. City courts created by General Assembly, courts of record. Attestation by Judge, Clerk, Deputy Clerk, or Municipal Court Judges. Approved July 9, 1924. CO-OPERATIVE MARKETING ASSOCIATIONS CHARTERED BY SUPERIOR COURT DECLARED LEGAL. No. 465. An Act to confirm and declare legal the corporations heretofore organized, pursuant to the Co-operative Marketing Act of Georgia, approved August 15, 1921, wherever such
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corporations have been organized under charters granted by the Superior Court, or the judges thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that: Whereas the Co-operative Marketing Act of said State, approved August 15, 1921, provides for the organization of the associations therein referred to, by filing of articles of incorporations in accordance with the provisions of the General Corporation law of this State, and Preamble. Whereas there has been some doubt as to the meaning of said last-quoted expression, but it was the intention of the Legislature, in using the same, to provide for the incorporation of such associations under charters granted by the Superior Courts, or the judges thereof, Now, therefore, all such associations as have been heretofore incorporated under such charters are hereby recognized and declared to be valid corporations of said State. Corporations declared valid. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and same are repealed. Approved August 13, 1924. CORONER'S DUTIES IN COUNTY OF 200,000 POPULATION. No. 440. An Act to prescribe additional duties for coroners in counties having a population of two hundred thousand or more, to provide for the compensation of such coroners for the performance of such duties, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that,
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Section 1. In counties having a population of two hundred thousand or more, coroners shall, in addition to other duties imposed by law, investigate every detail occurring in their respective counties where by reasons of the fact that no physician was in attendance upon the deceased at the time of the death, there is no person qualified to sign the death certificate required by the laws of Georgia, relating to the registration of vital statistics, and shall thereupon complete said certificate. Coroners additional duties in county of 200,000 people. Sec. 2. Be it further enacted, by the authority aforesaid, that it shall be the duty of coroners in such counties, to file monthly with the county commissioners of their respective counties, or other persons in charge of county affairs, a statement of all deaths so investigated by them, giving the name, age and race of the deceased, the date and cause of the death, the name of the person from whom the information was secured, and the date of the issuance of the death certificate; and thereupon such coroners shall be entitled to a fee of five dollars for each case so investigated to be paid out of the county treasury. Monthly reports. Fee of $5. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924. COSTS IN TROVER CASES, WHEN LIMITED TO $5.00. No. 494. An Act to fix the amount of costs in trial courts in actions of trover and bail-trover in certain cases, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, in an action of trover and bail-trover, where the principal amount sued for is one hundred dollars, or less, or where the value
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of the property sought to be recovered is one hundred dollars, or less, the entire costs in such an action of trover and bailtrover in the trial court shall be five dollars, which shall be equally divided between the clerk of the court and the sheriff; provided, that the sheriff may also collect the additional amount of costs as now provided by law for serving subpoenas upon witnesses. Trover costs. $5, where $100 or less is involved. Division between Clerk and Sheriff. Not to include services of subpoenas. 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, 1924. COUNTY FUNDS; INVESTMENT OF SINKING FUNDS. No. 481. An Act to provide for the protection of sinking funds, raised under the requirements of Paragraph 2, Article 7, Section 7, of the Constitution of 1877, to provide for the investment of such funds in certain securities, and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the officer or officers charged with the administration of the fiscal affairs of the several counties of this State and with the custody and control of such funds may invest all sums collected under the requirements of Paragraph 2, Article 7, Section 7 of the Constitution of 1877 for the purpose of payment of the principals of bonded indebtedness of such counties, and which are not actually payable on such principals within twelve months from the date of collection thereof, in valid outstanding bonds of such county, or some other county of the State, which have been duly validated, or valid outstanding bonds of the State of Georgia, or of the United States, and to keep such funds so invested in such bonds, with the privilege of changing
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the investment from the character of the bonds named to another from time to time as such officer or officers charged with the administration of the fiscal affairs of the said county may direct, until such time before the maturity of outstanding obligations as may be necessary to dispose of the same in order to meet such obligations at maturity. Investment to be in bonds of county, State, or United States. Sec. 2. Be it further enacted by the authority aforesaid, That whenever and as soon as the sinking fund of any county of this State shall have been invested in the manner specified in this Act, the officer or officers of a county charged with the administration of the fiscal affairs of the county shall proceed forthwith to have the securities in which such funds are so invested registered in the name of the county, provided bonds by their terms under the conditions of their issue are capable of being registered in the name of the owner. Registration of bonds. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 18, 1924. COUNTY OFFICERS' SALARIES IN COUNTIES OF 200,000 POPULATION. No. 443. An Act, to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court (whether he be clerk of the Superior Court or ex officio Clerk of other courts) the Sheriff, the Ordinary, the Tax Collector and the Tax Receiver; to make provisions regulating the carrying out of said change; to regulate the disposition of costs, and for other purposes. Be it enacted by the General Assembly of the State of Georgia.
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Section 1. That this Act shall apply to all counties in the State of Georgia having, by the United States Census of 1920, a population of two hundred thousand inhabitants or more, and to all counties which may have by any future census a population of two hundred thousand inhabitants or more. Act applies to countires of 200,000 population. Sec. 2. That in all counties described in Paragraph 1, the fee system for compensating the officers herein named shall be abolished, and the officers herein named shall hereafter be paid salaries as herein provided instead of fees, as under the present system. County offcers to receive salaries instead of fees. Sec. 3. The salaries, in all such counties as are described in Section 1, of the Clerk of the Superior Court (whether he be ex officio clerk of other courts or not), the Sheriff, the Ordinary, the Tax Collector and the Tax Receiver shall be fixed at least thirty days before the first of January in each year (beginning with January, 1925), by the Commissioners of Roads and Revenues, if there be such, (whether the Body shall consist of one or several commissioners) or the ordinary or other county authority having charge of the revenues and roads of such counties, and such salaries shall be fixed each year at the time aforesaid and shall not be changed during said year. Salaries fixed annually 30 days before January 1. Sec. 4. At least ten days before the first day of January in each year (beginning with January, 1925), the officers to whom this Act applies shall furnish to the county commissioners (or other county authorities having jurisdiction over revenues and roads in said county as described in Section 3) a statement as to the number of assistants or deputies required by each official, together with a recommendation as to the salaries, and shall likewise furnish a statement of the other expenses connected with the administration of each said office, and thereupon the said county commissioners (or other authority having charge of county roads and revenues) shall fix the salaries of such assistants or deputies, and shall set apart for expenses such funds as they may decide to be proper for each officer. Salaries of assistants and deputies, how and when fixed.
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Sec. 5. That after said salaries and expenses are so fixed by the county commissioners (or other authority) it shall be proper and lawful for the Treasurer of the County, out of the county funds, on the first day of each months, to pay out the monthly portion of such salaries and expenses to each officer herein named, who shall retain his own salary, and disburse the salaries of assistants and deputies and expenses of the office. Payment of salaries, how made. Sec. 6. That all compensation or fees which are now received by law by any of the officers herein named, for services rendered the State of Georgia and which are paid to them by the State of Georgia, (as distinguished from the county) are hereby abolished and such services to the State shall be performed by said officials for the salaries paid out of the County Treasury, as herein provided. Fees or compensation from State abolished. Sec. 7. That all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind which are now, or may hereafter be allowed by law, to be received or collected as compensation for service by any officer herein named, shall be received and collected by all of said officers and each of them, for the sole use of the county (or if collected by the State, for the sole use of the State) in which they are collected, and shall be held as public moneys belonging to said county (or State) and accounted for and paid over to said county (or State) on the first day of each month, at which time a detailed itemized statement shall be made by the officer, under oath, showing such collections, and the sources from which collected, and the county treasurer shall keep a separate account showing the sources from which said funds were paid. Fees, etc., to be collected for county, or State, and accounted for monthly. Sec. 8. That this Act shall take effect January 1, 1925. Effective January 1, 1925. Sec. 9. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 13, 1924.
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COUNTY OFFICERS' SALARIES IN CERTAIN COUNTIES; REFERENDUM. No. 441. An Act, to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court (whether he be Clerk of the Superior Court only or ex officio Clerk of other courts) the Sheriff, the Ordinary, the Tax Collector and the Tax Receiver; to make provisions regulating the carrying out of said change; to regulate the disposition of costs, and for other purposes. Be it enacted by the General Assembly of the State of Georgia. Section 1. This Act shall apply to all counties in the State of Georgia having by the United States census of 1920 a population of forty-four thousand inhabitants, and less than one hundred and fifty thousand inhabitants and to all counties in this State which may have by any future census of the United States a population of forty-four thousand inhabitants and less than one hundred and fifty thousand inhabitants. Act to apply in counties of 44,000 to 150,000 population. Sec. 2. That in all counties described in Section 1 the fee system for compensating the officers herein named shall be abolished except those fees that are paid by the State to the Tax Collector and Tax Receiver and the officers herein named shall thereafter be paid salaries as herein provided instead of fees as under the present system except for the fees to be paid by the State as will be hereinafter provided. County officers to receive salaries instead of fees. State's fees to tax-officers excepted. Sec. 3. The salaries, in all such counties as are described in Section 1, of the Clerk of the Superior Court, (whether he be ex officio clerk of other courts or not) the Sheriff, the Ordinary, the Tax Collector, and the Tax Receiver, shall be fixed for the terms of such officers, at least ninety days before the first of January, (beginning with January, 1926), by the Commissioners of Roads and REvenues, if there be such, (whether the body shall consist of one or several commissioners) or, in event that there are no such Commissioners, the Ordinary or other County authorities having charge of
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the Roads and Revenues of such counties and such salaries shall be fixed for each term, at the time aforesaid, and shall not be changed during said terms. Salaries to be fixed annually 90 days before January 1, beginning January 1, 1926. Sec. 4. At least ninety days before the first day of January (beginning with January, 1926), the officers to whom this Act aplies shall furnish to the County Commissioners (or other county authorities having jurisdiction over Roads and Revenues in said county, as described in Section 3) a statement as to the number of assistants or deputies required by each official, together with a recommendation as to the salaries, and shall likewise furnish a statement of the other expenses connected with the administration of each said office, and thereupon the said County Commissioners (or other authority having charge of County Roads and Revenues) shall fix, for the year suceeding, the salaries of said assistants or deputies, and shall set apart for expenses such fund as they may decide to be proper for each officer except where otherwise provided by local laws. It is hereby expressly provided that the number of assistants for each officer and the amount of the expense fund for each office, as aforesaid, shall be fixed and determined by the authority above prescribed, and subject to the provisions of Section 5 hereof, but it shall be within the power and authority of each one of the said officers, after the beginning of his term of office, to designate and name the person or persons who shall be such assistants, and to remove them at the will and pleasure of such elective officers. Salaries of Assistants and Deputies, how fixed. Number of assistants, how determined. Sec. 5. Provided, however, that before the action of the county commissioners or other county authority in fixing said salaries shall become effective the same shall be submitted to the Grand Jury then sitting or, in the event no Grand Jury is in session at the time of the said fixing of the said salaries, the next Grand Jury convening thereafter. It shall be the duty of the said county commissioners or other county authority to submit the schedule of salaries as soon as possible after the said schedule shall have been determined. The first order of business of the Grand Jury to which this
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Act applies after the submission by the county commissioners or other county authority of the salary schedule shall be the consideration of the said schedule. The said Grand Jury shall have the power to disapprove the said schedule by a two-thirds vote of all the members thereof, but unless the said Grand Jury disapproves the said schedule by the said two-thirds vote the said schedule shall remain as fixed by the said County Commissioners or other county authority. In the event that the Grand Jury fails to act upon the said schedule within ten days after the submission thereof, then it shall remain as fixed by the county commissioners or other county authority. In the event the Grand Jury disapproves the schedule of salaries submitted to it by a two-thirds vote as aforesaid then the foreman of said Grand Jury shall appoint a committee from the said Grand Jury, consisting of as many members as there are members of the said Board of county commissioners or other county authority, which comittee shall meet in joint conference with the said county commissioners or other county authority for the purpose of harmonizing their contentions and determining upon a proper schedule of salaries, and the schedule of salaries approved by a majority of said joint conference committee shall be final. Schedule of salaries to be submitted to Grand Jury for approval. Sec. 6. That after said salaries and expenses are so fixed and determined, as provided in Section 3, 4 and 5 hereof, it shall be proper and lawful for the treasurer of the county, or other custodian or depository of county funds, out of the county funds, which may be paid into the county treasury of such county and derived under the provisions of Section 8 hereof, on or before the fifteenth day of each month, to pay out the monthly portion of such salaries and expenses to each officer herein named, who shall retain his own salary, and disburse the salaries of assistants and deputies and expenses of the office. Such disbursement shall be made in accordance with the provisions of any local or special Act of any county affected by the provision of this Act, regulating the method of disbursements of other county funds. Payment of salaries, how made. Sec. 7. That all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind
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which shall be allowed by law after January 1, 1926, to be received or collected for services rendered after January 1, 1926, by any officer herein named (except the fees received from the State by the Tax Collector and Tax Receiver) shall be received and collected by all of said officers and each of them, for the sole use of the county in which they are collected, and shall be held as public moneys belonging to said county and accounted for and paid over to said county on or before the tenth day of each month, at which time a detailed itemized statement shall be made by the officer, under oath showing such collections and the sources from which collected, and the County Treasurer, or other custodian or depository of county funds shall keep a separate account, showing the source from which said funds were derived and paid and received. Fees, etc., to be collected for county, and accounted for monthly. Sec. 8. The salaries of the various officials herein fixed shall be their sole compensation, and all fees accruing after January 1, 1926, are hereby abolished so far as the same constitutes the compensation of said officers except that the Tax Collector and Tax Receiver shall continue to receive as part of their compensation the fees from the State as herein before provided; but the same schedule of fees and costs prescribed under the existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasuries of the counties coming under this Act. Compensation from fees accruing after January 1, 1926, abolished. Schedule of fees to remain as before. Sec. 9. In the distribution among officers to whom this Act applies, of all costs both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees which may become due and payable after January, 1, 1926, in any county to which this Act applies, the said counties shall be subrogated to the rights and claims of any of the officers named in this Act, who but for this Act, would be entitled to compensation out of the county fines, forfeitures and fees, and shall be after January 1, 1926, entitled to all funds, moneys or emoluments accruing in each county to any of the officers herein named. After January 1, 1926, when orders on the insolvent fund or other judgment or findings entered or approved, as to the distribution of said fund between
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the various officers, instead of the same being entered and approved in the name of each officer entitled thereto, as under the present system, the same shall be entered and approved in the name of the respective officers for such portion of said moneys as they are entitled to, for the use and benefit of the county. In all counties to which this Act applies, the procedure now in force as to which officer shall collect the costs, and as to the distribution thereof, shall remain in force but as herein provided all such sums shall be collected for the use of the county, and shall be paid monthly into County Treasury by the officer by whom collected, as herein provided. All fees, cost, percentages, forfeitures, and penalties which have accrued at the time this Act becomes effective and to which any officer named herein is entitled and which remains uncollected at the time this Act goes into effect, shall when collected be paid to the officer entitled to the same. County subrogated to rights of officers. Officers to collect fees, etc., for county. Sec. 10. This Act shall take effect on the first day of January, 1926, except that insofar as concerns the fixing and determining of the salaries and expenses provided for in Sections 3 and 4 hereof, the same shall take effect on October 1, 1925. Act effective when. Sec. 11. Provided, however, the provisions of this Act shall not become effective in any of the counties defined in Section 1 of this Act until the same shall have been approved by a majority of the votes cast in the election hereinafter provided for. Act to be submitted to vote of people. Sec. 12. On the 10th day of September, 1924, an election shall be held in all of the counties described in Section 1 of this Act, submitting to the qualified voters of each of said counties, the question of adoption or rejection of the provisions of this Act, and under the regulations hereinafter provided. Those favoring adoption shall have written or printed on their ballots For Ratification of the Act providing for the placing of county officers on salary, and those opposing adoption shall have written or printed on their ballots Against Ratification of the Act providing for the placing
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of county officers on salary. The ordinaries of the counties described in Section 1 shall appoint the managers or superintendents and clerks and make all usual and necessary provisions therefor, providing the same number of polling places as are usual and customary in each of said counties for the holding general elections. It shall be the duty of said ordinaries in making appointments of said election officials to give equal representation to the friend and supporters of the affirmative and also the negative of the proposition submitted. The expense incurred in holding said election and making provisions therefor shall be borne by the respective counties and the county commissioners thereof shall draw their warrant on the treasurers of said county or other custodian of the county funds, for the aggregate amounts thereof which shall be honored by said treasurer or other custodian of county funds. Said election shall be held in the same manner and under the same regulations as elections for county officers with the following exceptions: Election September 10, 1924. Form of ballots. Conduct of election. Expense of election. (1) Any voters not residing within the limits of the county site may vote at the courthouse under the same terms as apply in general elections. Election regulations. (2) 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, the registrations list, one tally sheet and one copy of the other election papers in the ballot box for that precinct and shall seal up the same with the ballots in the ballot box, and shall put another copy of the returns, tally sheets, list of voters and other election papers into a separate package; and the 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 September 11, 1924, when he shall deliver them to the superintendents for consolidation. At noon on September 11, 1924, the election superintendents or a majority of them shall meet at the courthouse and consolidate the returns and shall prepare true consolidations
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sheets or certificates showing the number of votes cast For Ratification of the Act providing for the placing of county officers on salary and the number of votes cast Against Ratification of the Act providing for the placing of county officers on salary. (3) One certificate together with one copy of all election papers including the oaths of the superintendents shall be sealed and without delay mailed to the Governor and the other with like accompaniments shall be turned over to the ordinary of the 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 the placing of county officers on salary, then all of the provisions of this Act shall be of full force and effect in said county thereafter as herein provided. If a majority of the votes cast at said election be Against Ratification of the Act providing for the placing of county officers on salary, 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 in such county. Sec. 13. 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 Section 55 to 75 of the Civil Code of Georgia of 1910, and Act amendatory thereof shall be and are hereby made applicable to this referendum election. Laws applicable to election. Sec. 14. Any county that is not now in the classification of counties described in Section 1 of this Act, but which shall hereafter by a subsequent Federal Census come within the said classification as provided in said Section 1 shall come within the provisions of this Act when the same shall have been approved by a majority of the votes cast at an election to be held similar to the one described in Section 12 and 13 and the subdivisions thereof of the Act, except that such
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election shall not be held until the same shall have been recommended by a Grand Jury sitting in a regular session in such county and until the ordinary of such county shall have called such an election upon such date as shall be designated by the said Grand Jury recommending the election and it shall be the duty of the ordinary of such county to call such an election when the same shall have been recommended as aforesaid. Counties hereafter coming within class to which this Act applies. Sec. 15. All laws and parts of laws in conflict herewith are hereby repealed. Approved August 13, 1924. DISTRICT AGRICULTURAL SCHOOL 12TH DISTRICT; LAND EXCHANGE. No. 460. An Act to amend an Act approved August 18, 1906, as amended by an Act approved August 19, 1911, by an Act approved August 21, 1917, and by an Act approved August 19, 1918, creating and designating the Twelfth District Agricultural and Mechanical Schools, to authorize and empower the Board of Trustees of the Twelfth District Agricultural and Mechanical School, located at Cochran, Bleckley County, Georgia, to exchange one-quarter acre, more or less of land belonging to the Twelfth District Agricultural and Mechanical School, for one acre, more or less, of land belonging to the estate of P. L. Peacock, 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 18, 1906, as amended by an Act approved August 19, 1911, by an Act approved August 21, 1917, and by an Act approved August 19, 1918, creating and designating the Twelfth District Agricultural and Mechanical Schools, be and the same is hereby
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amended to authorize and empower the Board of Trustees of the Twelfth District Agricultural and Mechanical School located at Cochran, Bleckley County, to exchange the following described lands, the title to which is in the Board of Trustees of the Twelfth District Agricultural and Mechanical School, to-wit: One-quarter acre, more or less, located in the south corner of the intersection of Third and Sarah streets in the City of Cochran, Bleckley County, Georgia, in the shape of a triangle, commencing at the south corner of the intersection of said streets, thence northwest along the line of Third street, ninety feet thence south on a straight line two hundred feet to a point on Sarah street, thence northeast along the line of Sarah street one hundred eighty-seven feet to the beginning point. Description of land to be exchanged. With J. P. Peacock and W. O. Peacock, as executors of the will of P. L. Peacock, deceased, for the following lands belonging to the estate of the said P. L. Peacock, deceased, to-wit: one acre, more or less, in the shape of a triangle, in the City of Cochran, Bleckley County, Georgia, lying southeast of Sarah street, bounded as follows: on east, four hundred twenty-five feet by lands of Twelfth District Agricultural and Mechanical School; on southwest, two hundred twenty feet by right of way of the Southern Railway Company; and on northwest, four hundred sixty-five and one-half feet by Sarah street. Sec. 2. Be it further enacted by the authority aforesaid, that for the purpose of carrying out the provisions of Section one, hereof, the Board of Trustees of the Twelfth District Agricultural and Mechanical School is authorized to execute such deeds of conveyance as may be necessary to effect such exchange of lands and to receive such deeds to property to be conveyed under such exchange. Deeds. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 13, 1924.
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ELECTRIC-RAILROAD COMPANIES AUTHORIZED TO OWN STOCK IN MOTOR-BUS COMPANIES, ETC. No. 434. An Act to enable electric street, suburban or interurban railroad companies to acquire, own or hold the capital stock, bonds or other securities or evidences of indebtedness of corporations which own and operate motor buses or trackless trolleys, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that all electric street, suburban or interurban railroad companies now or hereafter incorporated under the laws of this State shall have the power, in addition to the powers they now have, to purchase, acquire, own, hold, mortgage, sell, assign, transfer, pledge or otherwise dispose of the capiital stock, bonds or other securities or evidences of indebtedness of corporation organized to own and operate motor busses or truckless trolleys, and to issue their own capital stock or bonds or other securities in payment therefor, and, while the owners of such stock in such companies, to exercise all the rights of a stockholder. Companies authorized to acquire stock, etc., in motorbus corporations, etc., and to issue stock, etc., in payment. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924. FERTILIZER ANALYSIS AND BRANDING. No. 490. An Act to amend an Act approved December 18, 1901, entitled an Act to regulate the registration, sale, inspection, and analysis of commercial fertilizer, materials, and chemicals, in the State of Georgia, and to consolidate all laws relating to said sales, inspection and analysis, and to repeal all other laws and parts of laws in conflict therewith.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act that Section 2 of the Fertilizer Law, approved December 18, 1901 (Acts of 1901, Page 65), shall read as follows: Ga. L. 1901. p. 65, Sec. 2 amended. Sec. 2. All persons, companies, manufacturers, dealers, or agents, before selling or offering for sale in this State any commercial fertilizer or fertilizer material, shall brand or attach to each bag, barrel or package, the weight of the package, the name and address of the manufacturer, and the guaranteed analysis of the fertilizer, giving the valuable constituents of the fertilizer in minimum percentages only. These items only shall be branded or printed on the sacks or packages in the following order: To read: Fertilizers, how branded. 1. Weight of package in pounds. 2. Brand name, or trade-mark. 3. Guaranteed analysis. 4. Available phosphoric acid, per cent. 5. Total nitrogen per cent. 6. Water soluble nitrogen per cent. 7. Potash per cent. 8. Name and address of manufacturer. In bone meal, tankage or other products where the phosphoric acid is not available to laboratory methods, but becomes available on the decomposition of the product in the soil, the phosphoric acid shall be claimed as total phosphoric acid unless it be desired to claim available phosphoric acid also, in which latter case the guarantee must take the form above set forth. In the case of bone meal, and tankage, manufacturers may brand on the bags or packages information showing the fineness of the product, provided it takes a form approved by the Commissioner of Agriculture. 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, 1924.
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GAME AND FISH LAWS REVISED; STATE BOARD CREATED; STATE COMMISSIONER; TIDE-WATER COMMISSIONER; WARDENS, ETC. No. 386. An Act to revise and amend the Game and Fish laws of the State of Georgia; to create a State Board of Game and Fish, to prescribe their duties and to provide for their compensation; to provide for a State Commissioner of Game and Fish and a tidewater Commissioner, who shall be ex officio Assistant Commissioner of Game and Fish, to prescribe their power and duties, and to provide for their compensation; to provide for County Game and Fish Wardens and tidewater patrolmen and inspectors, and to prescribe their powers and duties and to provide for their compensation; to provide that all powers and authority now vested in the State Department of Game and Fish shall be vested in the State board of Game and Fish hereby created; to provide for the leasing of State owned oyster lands; to provide for the State supervision and protection and development of the fish and oyster industry and game of the State; to provide revenue therefor; to provide penalties for violating of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a State Board of Game and Fish be and the same is hereby created and established, to be composed of three members to be appointed by the Governor, with the advice and consent of the Senate, one of whom shall reside in the northern portion, one in the southern portion of the State, and one in the tidewater region of the State. One of said members shall be appointed for a term of two years, one for a term of four years, and one for a term of six years, from the first day of January, 1925, and until their successors are appointed and qualified, and their successors shall be appointed for a term of six years from the first day of January of the year of their appointment. All vacancies shall be filled only for their unexpired term. The Governor shall issue commissions
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to the members of the board appointed by him, and they shall qualify by taking the oath required of other officers of the State. Immediately after appointment and qualification the said members shall meet and elect a chairman. The meeting of said board shall be held annually in the office of the board on the first Monday in May of each year, but the chairman may call the board into special session at any time and at any place in the tidewater counties or elsewhere within the State most convenient for the transaction of the business to be considered. The members of the board shall receive as compensation ten dollars a day and expenses for each day actually devoted to the service of the board. State Board of Game and Fish created. Members, residences, terms, appointment. Election of Chairman. Annual meeting. Sec. 2. Be it further enacted, that for the purposes of this Act the word board shall mean the State Board of Game and Fish, unless otherwise required by the context. Meaning of board. Sec. 3. Be it further enacted, that the office of the State Board of Game and Fish shall be in the State Capitol, and the Governor shall make provisions therein for such offices. The State Board of Game and Fish hereby created shall be vested with all the authority, powers, and duties now vested in the State Department of Game and Fish. The board shall elect a State Commissioner of Game and Fish, who shall be the executive officer of the board and whose duty it shall be to see that all laws now or hereafter enacted for the protection, propagation and preservation of game animals, game birds, or other wild animals or birds and fish in the State are observed, and that violations thereof are promptly and speedily prosecuted. He shall also appoint one or more game and fish wardens and deputy wardens in each of the several Counties of this State, and be vested with all the powers and authority, and do and perform each and all duties, now vested in the State Game and Fish Commissioner under the laws of this State except as herein modified or changed, under the general supervision and control of the State Board of Game and Fish hereby created and established. Said board shall keep a record of all its acts and doing in minute books provided for such purpose. The State Game and Fish Commissioner shall be
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ex officio Secretary of said board and shall keep the minutes and records of the board in the office of the board in the State Capitol, which shall be opened to public inspection like the other records of this State; he shall also give bond inthe sum of ten thousand dollars, payable to the Governor of the State, in some good and solvent surety company to be approved by the Secretary of State, for the faithful performance of the duties of his office and a proper accounting of all moneys that may come into his hands as said commissioner. The premium of such bond shall be paid out of the State game and protection fund. He shall be commissioned by the Governor and take the usual oath required of other officers of the State. The State Commissioner of Game and Fish shall be elected for the term of four years and until his successor is elected and qualified. The State Commissioner of Game and Fish in office on the first day of January, 1925, shall be the State Commissioner of Game and Fish under the terms of this Act until the first day of January, 1926, at which time the board shall elect his successor. All vacancies shall be filled for the unexpired term. Office in Capitol. Powers and duties. State Commissioner: Election, Duties, Powers. Ex-officio Secretary of Board. Bond. Bond. Term, 4 years. Sec. 4. Be it further enacted, That the State Board of Game and Fish shall elect a Tidewater Commissioner, who shall be a resident of Tidewater Georgia, and who shall be ex officio Assistant Commissioner of Game and Fish and shall act in the place and stead of such Commissioner in the case of a vacancy in such office, until such vacancy is filled by the board. Such tidewater commissioner shall be elected for a term expiring four years from the first day of January, 1925; and until his successor is elected and qualified, and his successors shall likewise be elected for a term of four years and until a successor is elected and qualified. The Tidewater Commissioner shall give bond to the Governor of the State in the sum of ten thousand dollars in some good and solvent surety company to be approved by the Secretary of State, conditioned for the faithful performance of the duties of this office, and a proper accounting of all moneys that may come into his hands as such Commissioners. The premium upon such bond shall be paid out of the coastal fisheries fund.
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The Game and Fish Commissioner and Tidewater Commissioner shall keep a public record, correctly disclosing all moneys received and expended by them and all such other information as may be necessary or proper in the conduct of the affairs and business of their offices. The books and accounts of said Commissioners shall be audited in the same way as other books and accounts of the other departments of the State are audited. Tidewater Commissioner, ex-officio Assistant State Commissioner; residence; election, Form, bond. Accounts. Sec. 5. Be it further enacted, That the Tidewater Commissioner shall have and keep a seal of office which shall be used to authenticate all papers and documents issued and executed by him as such officer. Seal of office. Sec. 6. Be it further enacted, That said State Commissioner of Game and Fish shall receive a salary of thirty-six hundred dollars per annum, payable out of the Game and Fish protection fund, and said Tidewater Commissioner shall receive a salary of three thousand dollars per annum, payable only out of the fund known as the coastal fisheries fund. Salaries. Sec. 7. Be it further enacted, That the Tidewater Commissioner shall, under the general supervision of the State Board, have charge, control and management of the protection, propagation and distribution of food or game fish, shell fish, and crustacea in the following counties in this State, to-wit: Chatham, Bryan, Liberty, Macintosh, Glynn, and Camden, which shall be known as Tidewater Georgia; he shall have the conduct, control and management of all hatching and biological stations owned and operated, or that are hereafter acquired by the State in such Counties; he shall have charge of the enforcement of all laws for the protection of fish, shell-fish and crustacea, and lands under water which shall be or have been designated, surveyed and mapped out pursuant to law, as oyster beds or bottom or shell-fish grounds; the power to grant leases of lands for shell-fish culture according to law; and to grant licenses where the same are prescribed by law; also power to employ, with the approval of the Board, inspectors, patrolmen and other helpers in tidewater Georgia, provided that all inspectors appointed or employed shall
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devote their entire time to the service of the department, and provided further that the salary of no inspector shall exceed eighteen hundred dollars per annum. Tidewater Georgia composed of the coast counties. Tidewater Commissioner's power and duties. Inspectors, patrolman, etc. Salary of inspector. Sec. 8. Be it further enacted, That it shall be the duty of the board to establish and equip an office for the Tidewater Commissioner in some convenient place in Tidewater Georgia, and said Commissioner shall employ such other clerks and employees as may be necessary for the proper carrying out of the office work as shall be authorized by said board. Tidewater Commissioner's office; clerks, etc. Sec. 9. Be it further enacted, That it shall be lawful for the Tidewater Commissioner to lease to any citizen of this State, or to any corporation chartered under the laws of this State and having its principal shucking plant or canning factory in this State, portions of the oyster beds or bottoms, other than natural or privately owned beds or bottoms, for a period of not exceeding twenty years, with the privilege of renewal at such rate as may be prescribed by the Tidewater Commissioner, but in no event can any person, firm, corporation, or combination of persons, lease or hold in excess of one thousand acres, not to consist of more than two parcels, and he shall have the privilege of this section until he has demonstrated to the Tidewater Commissioner his willingness, ability and intention to comply with the laws, as well as the rules and regulations prescribed by the board for leasing and cultivating oyster beds. The owners of lands having water fronts thereon suitable for planting oysters shall have prior rights over all other applicants for assignment and lease oyster planting grounds adjacent thereto. All applications for lease of land under this Act shall be made on blanks to be prescribed by the board and shall be sworn to by the applicant. Each application shall be accompanied by a deposit of $10.00 as a guarantee of good faith, and to apply on cost of survey. Notice of such application shall be published once a week for four weeks in the official gazette of the county or counties in which such lands lie four weeks prior thereto. If no good cause is shown to the contrary, the Commissioner may have said ground surveyed and a plat made thereof, and grounds marked off, at the cost of the applicant, at the time the survey is made,
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and at the direction of the surveyor, with suitable stakes, smooth and free from snags, and spurs and suitable stakes shall be kept by the lessee in their proper places during the continuance of such lease, so as to conform accurately to the survey. Should such stakes be removed, rot down, or be carried away, the lessee shall replace them at his own expense in their proper places, and if he fails to do so within thirty days after being notified by the patrolman of the district within which the ground lies, the said lease shall be forfeited. Leases of oyster beds; how and to whom granted; terms of lease. Publication of notice of application. Survey. Sec. 10. Be it further enacted, That the survey and plot of any assignment, as soon as practicable after it is made, and after said grounds shall have been assigned to said applicant, shall be delivered to said applicant, who shall record the same in the office of the Clerk of the Superior Court of the County or Counties in which said ground lies, and a copy thereof shall also be filed in the office of the Tidewater Commissioner. The surveyor surveying such tract so assigned shall make plats of such surveys for such office, and for the person to whom such assignment is made. Such plat shall be duly recorded in such office in a well-bound and substantial book, and indexed in the name of the assignee. The Clerk of the Superior Court shall receive for recording the same in his office the fee now required for recording deeds and plats in this State. The annual rental of land leased under this Section shall be such amount per acre as the board may fix upon, but in no case less than twenty-five cents per annum, and shall be due on the first of September of each year after the date of the assignment, and payable on or before the first day of November following. If not paid on or before November first, a twenty-five per cent. fine shall be added, and the inspector of such district shall proceed to levy for rental and fines. The lessee shall be required to deposit, under the supervision of the inspector of his district within such time as may be designated by the board in his lease, shells or oysters to the amount of not less than ten or more than one thousand bushels per acre for the entire area leased, the amount to be fixed by the Tidewater Commissioner. The lessee shall be required to deposit, under the supervision and direction of the Tidewater
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Commissioner, every year during the life of the lease, a number of bushels of shells or oysters on each acre of the tract or parcel of ground leased by him, equal to twenty-five per centum of the number of bushels of oysters taken by him therefrom. The lessee shall be required to prove compliance with both of these provisions as to deposit of shells or oysters on the ground so leased by him, and in default of such proof thereof the lease shall be annulled. Record of survey. Annual rental. Deposit of shells or oysters by lessee. Section 11. Be it further enacted, That any person who has planted oysters in good faith on lands prior to the passage of this Act shall have the first option or refusal to have said land leased to him by the Tidewater Commissioner, who shall take the fact into consideration in fixing the lease fee to be charged. Option to lease, given to persons planting oysters before passage of this Act. Fee. Sec. 12. Be it further enacted, That it shall not be lawful for any person to stake in or use, for the purpose of propagation oysters or shell-fish, any natural oyster bed, dock, shoal or bottom, or clamming or crabbing ground which has not been assigned to him according to law, nor shall any person who may have occupied and staked off such natural bed, rock, or shoal, or clamming or crabbing ground, or bottom, which has not been assigned to him according to law, continue to occupy the same; and any person violating this provision shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in Section 1065 of the Penal Code. Said person shall be notified by the Tidewater Commissioner to remove all stakes, watch-houses, or other obstructions from such natural beds, rock, or shoal; and if after the notice such person refuses to remove such stakes or other obstructions, the same shall be removed by the said Tidewater Commissioner or patrolman, at the cost of the offender, who shall also be punished as for a misdemeanor. Staking or using oyster beds, etc.; when a misdemeanor. Refusal to remove obstruction; when misdemeanor. Sec. 13. Be it further enacted that when any resurvey of oyster-planting grounds or survey made to reestablish the lines of the State survey of natural oyster beds, rocks, or shoals, which may hereafter be made under the direction of the Tidewater Commissioner, it shall appear that any holder, without his own default and by mistake of any officer of the State,
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has had assigned to him and included in the plat of his assignment any portion of the natural oyster beds, rocks, or shoals, as defined by law, and it shall appear that any such holder has oysters or shells planted on the said ground, then before the stakes shall be removed from said grounds, or the same opened to the public, the said holder shall be allowed a reasonable time, the length of which shall be determined by the said Commissioner in his discretion, within which to remove his planted oysters or shells from the said ground, under the supervision of the Tidewater Commissioner. Reasonable time allowed to remove oysters, when. Sec. 14. Be it further enacted, That any patrolman or surveyor who shall knowingly assign to any person any ground within the public survey of the natural oyster beds, rocks, or shoals, or clam beds that have been set aside by the Commissioner, shall be fined not less than one hundred dollars nor more than five hundred dollars, and any such assignment shall be void, and such official shall be discharged from the employ of the department of Game and Fish. Prohibited assignment of ground by patrolman or surveyor. Penalty. Sec. 15. Be it further enacted, That any person who shall willfully injure, remove, or displace any boundary oysters stakes, range monuments, signal beacon, bound stone or post, or buoy or any appurtenance or enclosure therein erected, constructed or set by the Tidewater Commissioner or by his order, on the land or water of this State or upon the lawful beds of any lessee for the purpose of designating, locating, surveying, or mapping any shell-fish grounds, shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor. Interference with boundary stakes, etc. Punishment. Sec. 16. Be it further enacted, That any person who shall take, steal or carry away, without permission of the owner any oysters or shells shall be deemed guilty of the larceny thereof; and upon conviction thereof shall be punished as for a misdemeanor and be confined in jail not less than three months nor more than six months, or for a like time in the county chaingang, and fined not less than twenty-five dollars, nor more than one hundred dollars, for each offense. Larceny of oysters or shells; Punishment.
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Sec. 17. Be it further enacted, That all distributors or dealers (including manufacturers who are distributors or dealers) who sell oysters in this State (except those importing and selling the same in the original package in which brought into this State) shall pay thereon an occupation tax as follows: one cent on each sixty ounces of canned oysters; two (2) cents on each gallon of raw shucked oysters; five (5) cents upon each bushel of oysters sold in the shell, and, in addition to the foregoing taxes, a tax of one-sixteenth (1-16th) of a cent is hereby imposed upon every pound of shrimps or prawn caught or taken from the waters of this State for sale; provided that nothing in this act shall be construed to place a tax upon or prohibit the sale of oysters or shrimps for local consumption by peddlers or hucksters who sell direct to the consumer; provided that no one person shall take or remove from the public beds of this State more than ten (10) bushels of oysters in any one day for such purpose. Each package containing oysters canned in this State, or raw shucked oysters, or oysters in the shell, gathered in this State shall be stamped by the manufacturer or dealer, or distributor, with quantity of oysters contained in each can, barrel or other package in which the same are offered for sale within the State or shipped. Each distributor or dealer, including the manufacturers who are distributors or dealers shall place stamps in the amount necessary upon each of said packages, to comply with the requirements of the payment of the occupation taxes hereinbefore set out. Taxes on dealers in oysters and shrimps. Proviso as to peddlers or hucksters. Packages to be stamped with quantity. Occupation tax stamps. Sec. 18. Be it further enacted, That it shall be unlawful for any person to take or catch fish or prawn in this State and transport same beyond the limits of this State without first bringing the same into some Georgia port, having the same weighed by the Tidewater Commissioner or his authorized inspector or other assistant, and paying the tax thereon before the same are permitted to leave the boundaries of this State. Any person violating the provision of this section shall, upon conviction, be punished as for a misdemeanor. Catching fish or prawn and transporting beyond State, without payment of tax; misdemeanor. Sec. 19. Be it further enacted, That the State Board of Game and Fish shall adopt an occupation stamp or stamps of
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such sizes and denomination as shall be deemed advisable by the board, which shall have a serial number, and be of such design as such board shall select, suitable for the purpose of stamping the cans and packages in which oysters are canned or shipped as hereinbefore provided. Said board shall provide for the sale of such stamps by the Tidewater Commissioner of Game and Fish direct to the distributors, dealers, and manufacturers, as will best meet the requirements of such. Occupation stamps, sale of Sec. 20. Be it further enacted, That it shall be unlawful for any person or persons to counterfeit any stamp, adopted by the State Board of Game and Fish, or to purchase any similar thereto, or to aid or assist in uttering the same, or to use or attempt to use a stamp more than one time. Any person or persons, firms or corporation violating the provisions of this section shall be guilty of a felony, and on conviction shall be punished as provided for in Section 231 of the Penal Code of Georgia, 1910. Counterfeiting or uttering counterfeit stamp, a felony. Punishment. Sec. 21. Be it further enacted, That it shall be unlawful for any person or persons, firm or Corporation, to sell, ship or receive for sale any canned oysters, raw shucked oysters or oysters to be sold in the shell, except there be affixed to each package a stamp or stamps furnished by the State Board of Game and Fish, indicating that the said occupation tax thereon has been paid. Any person or persons, firms or Corporation, violating the provision of this section, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in Section 1065 of the Penal Code of 1910. A can or package of sea food stamped to comply with the provisions of this Act shall not be subject to a further tax when passing through the hands of another distributor. Sale of unstamped oysters, a misdemeanor. Stamped sea food not taxable again. Sec. 22. Be it further enacted, That all oysters sold in the shell in this State in Tidewater Georgia shall be measured in circular tub, with straight sides, straight and solid bottoms, with holes in the bottom not more than one-half inch in diameter. A bushel tub shall measure eighteen inches from the inside across the bottom, and twenty-one inches from the bottom to the top of chime. All measures used for buying
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or selling oysters shall have a brand, to be adopted by the State Board of Game and Fish, stamped thereon by the Tidewater Commissioner or his lawful inspectors or patrolmen. Any person or persons violating this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten ($10.00) dollars, nor more than fifty ($50.00) dollars, or imprisoned for not less than ten days nor more than thirty days, in the discretion of the court; and all measures found in the possession of such person not meeting the requirements of this section shall be destroyed by the Tidewater Commissioner of Game and Fish. Oysters sold in shell, how measured. Dimensions of bushel tub. Brand to be stamped on measure. Punishment for violating this section. Sec. 23. Be it further enacted, That all persons owning or operating canning factories, shucking plants, or otherwise dealing in or supplying shrimp or oysters for commercial purposes, shall keep a record in which shall be entered the amount of oysters and shrimp taken from Georgia waters, the name of each person from whom they shall purchase oysters and shrimp, together with the date of purchase and quantity purchased; the name, number and approximate tonnage of the boat in which they were brought to the factory, the quantity canned and packed for shipment, and the date and amount of each shipment as well as a record of all raw shipped oysters and shrimp and oysters sold in the shell, and make an itemized written report to the Tidewater Commissioner not later than the fifth day of each month. They shall also keep on file a copy of the bill of lading for each shipment; said book and said file of bills of lading to be open at all times to the inspection of the Tidewater Commissioner, or to his agent or employees, or to the Comptroller-General or his agents, and they shall, between the first and fifteenth day of May in each year, make a report to the Tidewater Commissioner of the number of canned oysters, and the number of stamps of each denomination on hand on the first day of May. Any person or persons violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars nor more than two hundred dollars, or be imprisoned for not more than six months nor less than thirty days on the public works of the County. Dealer's record of oysters and shrimp, what required. Reports to Commissioner. File of bills of lading. Punishment for violating this section.
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Sec. 24. Be it further enacted, That any person, firm or corporation owning private oyster beds in Tidewater Georgia may come under the provisions of this act and have the same protection as is afforded the lessees of State-owned oyster grounds under to provisions of this act, by planting oysters upon such grounds and placing oysters or shells thereon in the manner prescribed for leased oyster lands under the provisions of this act. How owners of private oyster beds may come under this Act. Sec. 25. Be it further enacted, That before entering upon the discharge of his official duties each tidewater inspector and patrolman shall give bond in the sum of one thousand dollars, payable to the Governor, with sufficient security, to be approved by the Ordinary of his resident County, conditioned that he will well and truly account for and legally apply all moneys which may come into his hands in his official capacity, and to pay all judgments rendered against said inspector or patrolman for malicious prosecution or for unlawful search or imprisonment, and that he will faithfully perform all the duties enjoined upon him by law. The county game warden of this the State, the tidewater inspectors, and the tidewater patrolmen shall be vested with all the powers and authority now vested by law in the game and fish wardens of this State, and also in the sheriffs and constables of this State, for the protection of game and fish and shell-fish and the forests of this State. The tidewater inspector shall exercise all the powers and perform all the duties of game and fish wardens in the tidewater counties of this State. Bond of inspectors and patrolmen. Powers of wardens, inspectors, and patrolmen. Sec. 26. Be it further enacted, That the Board of Game and Fish is hereby authorized to regulate, prohibit, or restrict in time, place, character or dimensions the use of nets, appliances, apparatus, and all means employed in taking or killing fish, any kind of sea-food, to regulate the season at which the various species may be taken in the several waters of this State, and to prescribe the minimum sizes of fish, oysters, and other sea-food which may be taken in the said several waters of this State, which may be bought, sold, or held in possession by any firm, person or corporation in this State; also to prescribe
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and adopt forms of leases and applications therefor, and other forms of reports and applications provided for by this act; the said board is also authorized to purchase and hold for and in the name of the State of Georgia such boats and other equipment as may be necessary to carry on the work of the department; also power to open or close certain designated lands or waters for hunting or taking fish and oysters when the same is necessary for the conservation of the supply. Said board is further authorized and empowered to employ surveyors and other help that may be necessary for the purpose of surveying any of the oyster lands in Tidewater Georgia, to be leased under the provision of this act. All of such regulations after being published once a week for four consecutive weeks in some newspaper of general circulation in one of the tidewater counties of Georgia shall be recorded in the minutes of the board and shall be of equal force and effect with the provisions of this Act; and any person violating the provision of this section or any of the rules and regulations promulgated by said board pursuant hereto shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned at the discretion of the court. The board shall have power and authority to make such rules regulating the shipment and transportation of fish, oysters, clams, crabs, escallops and other water products as it may deem necessary. In making regulations the board shall give due weight and consideration to all the factors which will affect the right of any individual or a present investment in fisheries, and no change in the existing rules and regulations which, if it should go into effect immediately, would tend to cause persons to sustain loss to their property, shall go into effect until one year from the date the change has been made by the board. Power of Board as to regulations. Nets and appliances of season for taking fish, size, etc. Forms of leases. Purchase of boars and equipment. Power to open or close lands or waters Surveying. Publication of regulations. Punishment for violation of regulations. Changes of regulations not effective until after one year, when. Sec. 27. Be it further enacted, That a petition signed by five or more voters of the district or community which will be affected by the proposed changes, is filed with the board through the Tidewater Commissioner, that they may be heard regarding the change. The board shall in that event designate by advertisement for a period of thirty days at the courthouse and three other public places in the county, and also
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by publication in a newspaper in the said county, once a week for two consecutive weeks, a place at which the said board shall meet and hear argument for and against said change, and may ratify, rescind or alter this previous order, as may seem just in the premises. Hearing to be given as to proposed changes in regulations, when. Sec. 28. Be it further enacted, That all persons not citizens of this State are hereby prohibited from engaging in the taking or catching of shrimp or prawn from the salt waters of this State for commercial purposes. Provided, that where the board is shown that a bonafide Georgia concern owning and operating a packing or canning plant, duly licensed by this State and having its own fleet of boats, cannot operate all or a part of such fleet by reason of inability to secure competent fishermen, that in such event said board shall license such boats to be manned by alien fishermen by paying ten ($10.00) dollars per fisherman in addition to any license required of such boats; and provided further, that the foregoing provisions of this section shall not apply to an alien who has had a fixed and continuous residence in this State for a period of three (3) years prior to January 1, 1925, and who shall have filed his first citizenship papers signifying his intention of becoming a citizen of the United States; these conditions to be proved to the satisfaction of the Tidewater Commissioner before license shall be issued, it being the full intent of this section that all boats shall be manned by citizens of this State unless as herein provided. Persons not citizens of this State prohibited from catching shrimp or prawn. Proviso. License for employers of alien fishermen, granted when. Sec. 29. Be it further enacted, That no license to operate a boat for the purpose of taking fish, oysters or other sea-food from the waters of this State shall be issued except to a bona-fide citizen thereof, or to a resident corporation, or to that class of aliens described in Section 28, provided that all persons or corporations holding licenses under this section shall be prohibited from employing any person not a citizen of this State, except as provided in Section 28 of this act, and provided further that should the owner of any boat duly licensed under the laws of this State sell or transfer said boat by bill of sale or otherwise to any person not a citizen of this State or a resident corporation as aforesaid, then said license shall
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become null and void immediately; provided further that the provisions of this section shall not apply to boat license held at the time of the passage of this act, but said license shall be good and valid as originally issued. Any person violating the provision of this section shall, upon conviction, be punished as for a misdemeanor. Licenses, to whom issued. Sec. 30. Be it further enacted by the authority of the aforesaid, That it shall be the duty of all sheriffs and deputy sheriffs, and constables in Tidewater Georgia to execute all writs and warrants placed in their hands against violators of the game and fish laws, and it is also made the duty of such sheriffs, deputy sheriffs, and constables to report to the Tidewater Commissioner all violations of the game and fish laws that come under their knowledge, and to procure warrants for such offenders and apprehend the same. Duty of sheriffs, etc., as to writs and warrants, and reporting violations of law. Sec. 31. Be it further enacted, That all moneys collected or derived from hunting licenses, fines for violating hunting laws and other receipts derived from the enforcement of the laws pertaining to game and fresh water fishing shall be kept in a fund to be known as the game and fish protection fund; and all moneys derived from boat license, salt water fishing, tax on sea-foods, fines, forfeitures, lessees or other sources from Tidewater Georgia, shall be kept in a separate fund known as the coastal fisheries fund. Game and fish protection fund. Coastal fisheries fund. Sec. 32. Be it further enacted, That the said moneys derived hereunder shall be used as herein provided, to-wit: game and fish protection fund shall be used to defray the expenses of the State Board of Game and Fish, salary of the State Commissioner of Game and Fish, and all other legally authorized expenses for the year in which same is collected and the following fiscal year, and at the end of said following fiscal year the surplus, if any, shall be paid over to the State Treasurer for the benefit of the common schools of Georgia. The coastal fisheries fund shall be used to defray the expenses of the State Board of Game and Fish in Tidewater Georgia, and for the protection, propagation and distribution of sea-food during the first year in which received and the following
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fiscal year, and at the end of said fiscal year the surplus remaining shall be paid over to the State Treasurer for the benefit of the common school fund of Georgia. Funds from which expenses paid. Surplus to State Treasurer, for common schools. Sec. 33. Be it further enacted, That it shall be unlawful to head shrimp or prawn on the fishing grounds, where the same are caught or where shrimp or prawn commonly run or are caught. And when headless shrimp or prawn are found in the possession of any person while on the salt waters of this State, the same shall be accepted as prima facie proof that said shrimp or prawn have been headed in violation of the terms of this act. Any person violating provision of the section shall be punished as for a misdemeanor. Heading shrimp or prawn, when nlawful. Prima facie proof. Punishment. Sec. 34. The use of all nets except hand-drawn nets in the inside salt-water rivers, creeks and estuaries, is hereby prohibited. The use of nets except hand-drawn nets is prohibited in the sounds of this State during the months of March, April, May, June, and July of each year. The boundaries of the sounds are as shown in Bulletin Nineteen (19) of the United States Geodetic Survey. Outside salt-waters are defined as those waters from the outermost part of the coast line to the limit of the three-mile jurisdiction, and embrace that part of the Atlantic Ocean under the jurisdictions of the State of Georgia. Inland salt-waters not included in outside salt-waters, and include all sounds, estuaries, salt-water rivers and creeks. Any one violating any of the provisions of this Act shall be guilty of a misdemeanor. Use of nets, when prohibited. Boundaries of sounds. Outside salt-waters. Inside salt-waters, defined. Sec. 35. Be it further enacted, That all boats engaged in taking fish, oysters, or shrimp, or other sea-food, for the purpose of sale from any of the waters of this State, shall, before beginning operation, first secure from the Tidewater Commissioner a license, and for this purpose the owner of the vessel must present in writing an application setting forth the name and description of said vessel, the name and post office address of the owner and the Captain of said vessel, the number of the crew, and such other data or information as the said Commissioner shall deem necessary. Said application shall be made on blanks prescribed by the Commissioner and shall
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be made under oath and duly witnessed by the officer authorized by the law to administer oaths; thereupon said Commissioner shall register said vessel and issue license upon payment of cost thereof. The schedule of license for boats shall be the same as provided in Section 3 of House Bill No. 267, approved August 19, 1919. Licenses for boats, when granted. Sec. 36. Be it further enacted, That any person desiring to take or catch fish from the salt-waters of this State, for commercial purposes shall first obtain from the Tidewater Commissioner a license therefor, and said license shall have effect for a period of twelve months from the first day of the month following the date of issue; the fee for such individual license shall be two ($2.00) dollars. No such license shall be issued to any person not a citizen of this State, and said license shall not issue until the applicant therefor shall state under oath on application provided therefor by the Tidewater Commissioner, that he is a citizen of this State; provided that fish license may be issued to persons not citizens of this State, under the terms and conditions prescribed in Section 28 of this Act. Any person procuring a license under this or next preceding section by falsely swearing as to his citizenship shall be guilty of a felony and punished as provided in Section 231 of the Penal Code of Georgia, 1910. License for fishing in salt-waters, when granted; fee $2. False swearing to procure license; punishment. Sec. 37. Be it further enacted, That all boat and fishing licenses and other permits (except hunting license) heretofore issued by the Game and Fish Commissioner in Tidewater Georgia, shall be issued by the Tidewater Commissioner, after his appointment and qualification under this Act. Licenses issued by Tidewater Commissioner. Sec. 38. Be it further enacted, That Section 9 and 10 of an Act approved November 27, 1915, being an Act for the protection and propagation of fish, etc., and Section 1 and 4 of an Act approved August 19, 1919, being an Act to prohibit the use of trawl nets, etc., and an Act approved August 20, 1918, being House Bill No. 520 and described as An Act to prohibit the use of trawl nets, etc., and all other laws in conflict with the provisions of this Act, be, and the same are hereby repealed. Acts repealed. Approved August 8, 1924.
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HARBOR, PORT, AND TERMINAL COMMISSION; REPEAL OF PROVISION FOR EXPENSES. No. 285. An Act to amend an Act approved August 10, 1921, and entitled an Act to create a Board of Harbor, Port and Terminal Commissioners for the State of Georgia; to provide for the appointment and term of office of said commissioners; to define the powers and jurisdiction of said board, and for other purposes by striking all the words in said Act after the word pursued in line thirteen in Section 3, 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 Act No. 155 on Pages 197, 198 and 199 of the Acts of 1921, entitled An Act to create a Board of Harbor, Port and Terminal Commissioners for the State of Georgia; to provide for the appointment and term of office of said commissioners; to define the powers and jurisdiction of said Board, and for other purposes, be and the same is hereby amended by striking all the words after the word pursued in line 13 of Section 3 of said Act, so that said Section when so amended shall read as follows: Ga. L. 1921, p. 197, Sec. 3 amended. Sec. 3. Be it further enacted by the authority aforesaid, That said board shall examine into and cause to be made, a survey of the warehousing and storage facilities as in their opinion may seem needful for the purpose of storing merchandise and farm products, and the marketing of same, and marketing facilities as they exist and any and all investigations tending toward development of such shipping, storing, and marketing facilities as the board may deem needful to the best interest of the people of Georgia. It shall be the duty of this board to report at the next session of the Legislature their findings with recommendations as to the future course to be pursued. To read. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 23, 1924.
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HIGHWAY DEPARTMENT AUTHORIZED TO USE CONVICT LABOR. No. 492. An Act authorizing the Highway Department to employ convicts in the construction and maintenance of the State Aid Highway System, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that the Highway Department of Georgia is hereby authorized to construct any portion of the State Aid road system by the employment of convict labor thereon. Sec. 2. Be it further enacted by the authority aforesaid, that the said Highway Board is authorized to apply to the Prison Commission of Georgia for the quota of convicts that any county may be entitled to, which is not working its convicts on its public roads, the said convicts to be worked as far as possible in the Senatorial District in which the county is located for whose convicts request may be made by the State Highway Board, and it shall be the duty of the Prison Commissioner to allot said convicts to the Highway Department for the purpose of constructing said public roads and to appoint such wardens, physicians and guards as may be necessary to carry out this purpose. Allotment of convicts by Prison Commission; appointment of wardens, physicians, and guards. Sec. 3. Be it further enacted by the authority aforesaid that any one or more counties may contract with the Highway Board to use their quota of convicts to which such counties may be entitled in the construction of any portion of the State Aid road system, and the State Highway Board is hereby authorized to purchase such machinery and equipment as may be necessary for the purpose of equipping such road gangs as they may organize, and to pay the salaries of the wardens, physicians and guards as may be necessary to carry into effect the provisions of this Act. Contracts of counties with Highway Board, for use of convicts. Board authorized to buy equipment and pay salaries.
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Be 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, 1924. INDUSTRIAL COLLEGE FOR COLORED YOUTHS; NEW BOARD OF TRUSTEES. No. 476. An Act to amend the Act approved November 26, 1890, establishing a school for colored persons as a branch of the State University, so as to create a new Board of Directors for that institution, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act, to establish a school for colored persons as a branch of the State University, to appropriate money for the same, and for other purposes, approved November 26, 1890, be and the same is hereby amended as follows: First, by striking out Sections 2 and 10 of the aforementioned Act, and inserting in lieu thereof a new section, to be known as Section 10, to-wit: Be it further enacted by the authority aforesaid that from and after the passage of this Act the Board of Trustees for the branch of the University of Georgia, known as the Georgia Industrial College for colored youths, shall consist of five members, who shall be charged with the control and government of this institution under the supervision of the Board of Trustees of the University of Georgia; and the terms of the Board of Trustees hereby created shall be as follows: one for one, two, three, four, and five years respectively; and at the expiration of the terms of each of the above-named classes their successors shall hold office for a term of five years. Said trustees shall be appointed by the Governor, and all vacancies arising in the Board of Trustees hereby created shall be filled by the Governor, the appointee to fill the term of his predecessor. The chairman of said Board of Trustees shall be ex-officio a member of the Board of Trustees of the University of Georgia. Board to be appointed by Governor; Terms. Chairman to be on board of State University.
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Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 16, 1924. INSURANCE COMPANIES' DEPOSITS; WHAT SECURITIES RECEIVED, AND VALUATION. No. 470. Ac Act to further regulate the deposits required to be made by domestic or foreign Insurance companies under the laws of the State of Georgia: Section 1. Be it enacted by the General Assembly of the State of Georgia, that all deposits of bonds, collateral or assets which are, or may hereafter be, required under the laws of this State, of any life, accident, or casualty insurance company incorporated under the laws of Georgia, as a condition to its being authorized to do business in or on any other account whatsoever, may be made in bonds of the United States of America, or bonds of this State, which according to the Acts and resolutions of the General Assembly are valid, or bonds of any county or municipality in this State which have been validated under the laws of this State. The said bonds shall be accepted by the appropriate officer of this State for such deposit to the extent of the face value thereof, but in no event in excess of such face value; however, if the actual market value of said bonds be less than their face value, then they shall be so accepted at only their said market value at the time they are so offered. United States bonds and Georgia State, county, and municipal bonds received. Valuation of bonds. Sec. 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved August 15, 1924.
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INSURANCE; INCORPORATION OF MUTUAL FIRE INSURANCE COMPANIES. No. 471. An Act to amend an Act approved August 17, 1923, and to be found in the Acts of 1923, so as to strike from said Act Section 4, and insert in lieu of the same a new section and to strike from said Act Section 5 and insert in lieu of the same, a new section; and for other purposes. Section 1. Be it enacted by General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section four (4) of the Act of 1923, and approved August 17, 1923, and known as the Act incorporating mutual or Co-operative fire insurance companies, is hereby repealed and the following provisions are enacted in lieu of the same: Ga. L. 1923, p. 114: Sec. 4 repealed. That when a petition and articles of incorporation shall be submitted to the Secretary of State and found by him to comply with this Act, he shall endorse his approval thereon and shall issue a charter as now provided by law. A copy of such petition and charter shall also thereupon be filed in the office of the Insurance Commissioner. The charter may be amended in the manner now provided by law and any such amendment shall be approved, recorded and filed, as in the case of the original charter. New Section 4. Sec. 2. Be it enacted by the authority aforesaid, That from and after the passage of this Act, Section five (5) of the Act of 1923, approved August 17, 1923, and known as the Act incorporating mutual or Co-operative Fire Insurance Companies, is hereby repealed and the following provisions are enacted in lieu of the same: Sec. 5 repealed. That such Corporation shall have legal existence as soon as the charter shall have been issued by the Secretary of State. The Board of Directors named in articles of incorporation may thereupon adopt by-laws, fix the qualification of membership of all applicants for insurance, accept applications for insurance, and proceed to transact the business of such company:
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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 (30) days after adoption, be filed with said Insurance Commissioner. New Section 5. Commencement of existence and business. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Filing by-laws. Approved August 15, 1924. JAILERS, GUARDS, ETC.; SALARIES OF, IN COUNTIES OF CERTAIN POPULATION. No. 353. An Act to amend an Act approved July 31, 1920, entitled, An Act to regulate the salaries of jailers, deputy jailers, guards, turnkeys and other jail employees in counties having a population of not less than 80,000 and not more than 130,000, and for other purposes, so as to fix salaries, from and after December 1st, 1924, and for other purposes. Section 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 July 31, 1920, and having the caption recited in the caption hereof, be and the same is hereby amended by adding the following section, to be known as Section 2, to-wit: Ga. L. 1920, p. 215; Sec. 2 amended. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, That from and after December 1, 1924, the jailers, deputy jailers, guards, turnkeys, and other like jail employees in counties having a population of not less than 80,000 and not more than 130,000 shall receive monthly salaries as follows: Salaries in counties of 80,000 to 130,000 population. The deputy jailer having supervision of the jail, next under the sheriff $200.00 Turnkeys 165.00 Jailor, guards and other like jail employees 150.00
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Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. LIENS FOR INTERNAL REVENUE TAX; FILING NOTICES, AND CERTIFICATE OF DISCHARGE. No. 401. An Act to require liens for internal revenue taxes due the United States, and certificates of discharge of same, to be filed with Clerks of the Superior Courts for record, 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 notices of liens for internal revenue taxes payable to the United States of America, and certificates discharging such liens, may be filed in the office of the Clerk of the Superior Court of the county within which the property subject to such lien is situated. Notice of lien. where filed. Sec. 2. When a notice of such tax lien is filed the Clerk of the Superior Court shall forthwith enter the same in an alphabetical Federal Tax Lien Index, to be provided by the county board, showing on one line the name and residence of the tax-payer named in such notice, the collector's serial number of such notice, the date and hour of filing, and the amount of tax and penalty assessed. He shall file and keep all original notices so filed in numerical order in a file or files to be provided by the county board and designated Federal Tax Lien notices. Index of Federal Tax Liens. Sec. 3. When a certificate of discharge of any tax lien, issued by the collector of internal revenue or other proper officer, is filed in the office of the Clerk of the Superior Court, where the original notice of such lien is filed, said Clerk of the Superior Court shall enter the same with date of filing in said
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Federal Tax Lien Index on the line where the notice of the lien so discharged is entered, and permanently attach the original certificate of discharge to the original notice of lien. Certificate of discharge. Sec. 4. Said clerks shall receive fifty cents for filing and indexing each notice of lien and certificate of discharge. Fee of clerk. Sec. 5. It is the purpose of this Act to conform with the provisions of Section 3186 of the Revised Statutes of the United States, as amended by the Act of March 4, 1913, 37 Statutes at Large, page 1016, authorizing the notices of the filing of liens. Purpose of Act. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924. MORTGAGES ON CROPS BEFORE PLANTED. No. 264. An Act to extend the lien of mortgages on crops, before the same are planted or growing, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act a mortgage given to secure advances for the purpose of making and gathering crops, shall embrace and cover crops before the same are planted or growing of such mortgagor, when it is so stipulated therein, within the limit of the calendar year such crops may be planted. Lien covers crop before planting when so stipulated, etc. 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 15, 1924.
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NEGOTIABLE INSTRUMENTS LAW. No. 500. An Act to declare and codify the law in regard to Negotiable Instruments; adopting the uniform Negotiable Instruments Law. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows: For history of this law, and decisions construing it, see Brannan's Neg. Instr. Law.Compiler. TITLE I. NEGOTIABLE INSTRUMENTS IN GENERAL ARTICLE I. FORM AND INTERPRETATION. Section 1. ( Form of Negotiable Instrument .) An instrument to be negotiable must conform to the following requirements: (1) It must be in writing and signed by the maker or drawer; Negotiable instrument, requisites of. (2) Must contain an unconditional promise or order to pay a sum certain in money, provided that a promissory note may be made payable in cotton or other articles of value; May be payable in cotton, etc. Cf. C. C. 1910, 4270-1. (3) Must be payable on demand, or at a fixed or determinable future time; (4) Must be payable to order or to bearer; and, (5) Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty. Sec. 2. ( Certainty as to Sum; What Constitutes .) The sum payable is a sum certain within the meaning of this Act, although it is to be paid; Sum certain. (1) With interest; or, (2) By stated installments; or (3) By stated installments, with a provision that upon default in payment of an installment or of interest the whole shall become due; or
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(4) With exchange, whether at a fixed rate or at the current rate; or (5) With costs of collection or an attorney's fee, in case payment shall not be made at maturity. Sec. 3. ( When promise is unconditional .) An unqualified order or promise to pay is unconditional within the meaning of this Act, though coupled with: Unconditional promise. (1) An indication of a particular fund out of which reimbursement is to be made, or a particular amount to be debited with the amount; or (2) A statement of transaction which gives rise to the instrument. But an order or promise to pay out of a particular fund is not unconditional. Sec. 4. ( Determinable Future Time; What constitutes .) An instrument is payable at a determinable future time, within the meaning of this Act, which is expressed to be payable: Time when payable. (1) At a fixed period after date or sight; or (2) On or before a fixed or determinable future time specified therein; or (3) On or at a fixed period after the occurrence of a specified event; which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect. Payable on contingency, not negotiable. Sec. 5. ( Additional Provisions not Affecting Negotiability .) An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable. But the negotiable character of an instrument otherwise negotiable is not affected by a provision which: Additions rendering non-negotiable. (1) Authorizes the sale of collateral securities in case the instrument be not paid at maturity, Provisions not affecting negotiability. (2) Waives the benefit of any law intended for the advantages or protection of the obligor; or (3) Gives the holder an election to require something to be done in lieu of payment of money. But nothing in this section shall validate any provision or stipulation otherwise illegal.
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Sec. 6. ( Omissions; Seal; Particular Money .) The validity and negotiable character of an instrument are not affected by the fact that: (1) It is not dated; or Omissions, etc., not affecting negotiability. (2) Does not specify the value given, or that any value has been given therefor; or (3) Does not specify the place where it is drawn or the place where it is payable; or (4) Bears a seal; or Seal. (5) Designates a particular kind of current money in which payment is to be made. Kind of money. But nothing in this section shall alter or repeal any statute requiring in certain cases the nature of the consideration to be stated in this instrument. Statutes as to recital of consideration, not altered. Sec. 7. ( When payable on Demand .) An instrument is payable on demand: (1) Where it is expressed to be payable on demand, or at sight, or on presentation; or Payable on demand. (2) In which no time for payment is expressed. Where an instrument is issued, accepted, or indorsed when overdue, it is, as regards the person so issuing, accepting, or indorsing it, payable on demand. Cf. C. C. 1910, 4292. Sec. 8. ( When payable to order .) The instrument is payable to order where it is drawn payable to the order of a specified person or to him or his order. It may be drawn payable to the order of: Payable to order. (1) A payee who is not maker, drawer or drawee; or (2) The drawer or maker; or (3) The drawee; or (4) Two or more payees jointly; or (5) One or some of several payees; or (6) The holder of an office for the time being. Where the instrument is payable to order, the payee must be named or otherwise indicated therein with reasonable certainty. Sec. 9. ( When payable to Bearer .) The instrument is payable to bearer: Payable to bearer.
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(1) When it is expressed to be so payable; or (2) When it is payable to a person named therein or bearer; or (3) When it is payable to the order of a fictitious or non-existing person, and such fact was known to the person making it so payable; or (4) When the name of the payee does not purport to be the name of any person; or (5) When the only or last indorsement is an indorsement in blank. Sec. 10. ( Terms, When Sufficient .) The instrument need not follow the language of this Act, but any terms are sufficient which clearly indicate an intention to conform to the requirements thereof. Form. Sec. 11. ( Date; Presumption as to .) Where the instrument or an acceptance or any indorsement thereon is dated, such date is deemed prima facie to be the true date of the making, drawing, acceptance, or indorsement, as the case may be. Date. Sec. 12. ( Ante-dated and Post-dated .) The instrument is not invalid for the reason only that it is ante-dated or post-dated, provided this is not done for an illegal or fraudulent purpose. The person to whom an instrument so dated is delivered acquires the title thereto as of the date of delivery. Post-dated. antedated. Sec. 13. ( When Date May be Inserted .) Where an instrument expressed to be payable at a fixed period after date is issued undated, or where the acceptance of an instrument payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the instrument shall be payable accordingly. The insertion of a wrong date does not avoid the instrument in the hands of a subsequent holder in due course; but as to him, the date so inserted is to be regarded as a true date. Insertion of date. Sec. 14. ( Blanks; When May Be Filled .) Where the instrument is wanting in any material particular, the person in possession thereof has a prima facie authority to complete it by filling up the blanks therein. And a signature on a blank
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paper delivered by the person making the signature in order that the paper may be converted into a negotiable instrument operates as a prima facie authority to fill it up as such for any amount. In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time. Authority to fill blanks. Enforcement where blank filled without authority. See 17 Ga. App. 178. Sec. 15. ( Incomplete Instrument not Delivered .) Where an incomplete instrument has not been delivered, it will not, if completed and negotiated without authority, be a valid contract, in the hands of any holder, as against any person whose signature was placed thereon before delivery. Unauthorized completion and negotiation of undelivered paper. Sec. 16. ( Delivery; When Effectual; When Presumed .) Every contract on a negotiable instrument is incomplete and revocable until delivery of the instrument for the purpose of giving effect thereto. As between immediate parties, and as regards a remote party other than a holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting or indorsing, as the case may be; and in such case the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transfering the property in the instrument. But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed. And where the instrument is no longer in possession of a party whose signature appears thereon, a valid and intentional delivery by him is presumed until the contrary is proved. Conditional delivery. Presumption of delivery. Sec. 17. ( Construction Where Instrument is Ambiguous .) Where the language of the instrument is ambiguous or there
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are omissions therein, the following rules of construction apply: Rules of construction. (1) Where the sum payable is expressed in words and also in figures and there is a discrepancy between the two, the sum denoted by the words is the sum payable; but if the words are ambiguous or uncertain, reference may be had to the figures to fix the amount; Conflict of words and figures. (2) Where the instrument provides for the payment of interest without specifying the date from which interest is to run, the interest runs from the date of the instrument, and if the instrument is undated, from the issue thereof; Interest where date is omitted. (3) Where the instrument is not dated, it will be considered to be dated as of the time it was issued. Date omitted. (4) Where there is a conflict between the written and printed provisions of the instrument, the written provisions prevail; Conflict of print and writing. (5) Where the instrument is so ambiguous that there is doubt whether it is a bill or a note, the holder may treat it as either at his election. Doubt as to nature of paper. (6) Where a signature is so placed upon the instrument that it is not clear in what capacity the person making the same is intended to sign, he is to be deemed an indorser. Signer deemed indorser when. (7) Where an instrument containing the words I promise to pay is signed by two or more persons, they are deemed to be jointly and severally liable thereon. Joint and several liability. Sec. 18. ( Liability of Person Signing in Trade or Assumed Name .) No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided. But one who signs in a trade or assumed name will be liable to the same extent as if he had signed in his own name. Signature in assumed or trade name. Sec. 19. ( Signature by Agent; Authority, how shown .) The signature of any party may be made by a duly authorized agent. No particular form of appointment is necessary for this purpose; and the authority of the agent may be established as in other case of agency. Agent's authority to sign, how shown.
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Sec. 20. ( Liability of Person signing as Agent, etc .) Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized, but the mere addition or words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability. Agent's liability. Sec. 21. ( Signature by Procuration; Effect of .) A signature by procuration operates as a notice that the agent has but a limited authority to sign, and the principal is bound only in case the agent in so signing acted within the actual limits of his authority. Signing by procuration. Sec. 22. ( Effect of Indorsement by Infant or Corporation .) The indorsement or the assignment of the instrument by a corporation or by an infant passes the property therein, not-withstanding that from want of capacity the corporation or infant may incur no liability thereon. Indorsement by infant or corporation. Sec. 23. ( Forged Signature; Effect of .) When a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority. Signature unauthorized, effect of. C. C. 1910. 4286. ARTICLE II. CONSIDERATION. Sec. 24. ( Presumption of Consideration .) Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration; and every person whose signature appears thereon to have been a party thereto for value. Consideration presumed. Sec. 25. ( Consideration, what constitutes .) Value is any consideration sufficient to support a simple contract. An
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antecedent or pre-existing debt constitutes value; and is deemed such whether the instrument is paable on demand or at a future time. Meaning of value. Sec. 26. ( What Constitutes Holder for Value .) Where value has at any time been given for the instrument, the holder is deemed a holder for value in respect to all parties who became such prior to that time. Holder for value, who is. Sec. 27. ( When lien on Instrument Constitutes Holder for Value .) Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien. Holder of lien on instrument C. C. 4289. Sec. 28. ( Effect of Want of Consideration .) Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise. Failure of consideration. Sec. 29. ( Liability of Accommodation Party .) An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party. Accommodation party. ARTICLE III. NEGOTIATION. Sec. 30. ( What Constitutes Negotiation .) An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer, it is negotiated by delivery; if payable to order, it is negotiated by the indorsement of the holder, completed by delivery. Meaning of negotiated. C. C. 4273. Sec. 31. ( Indorsement; How Made .) The indorsement must be written on the instrument itself or upon a paper attached thereto. The signature of the indorser, without additional words, is a sufficient indorsement. Form of indorsement.
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Sec. 32. ( Indorsement must be of entire instrument .) The indorsement must be an indorsement of the entire instrument. An indorsement which purports to transfer to the indorsee a a part only of the amount payable, or which purports to transfer the instrument to two or more indorsees severally, does not operate as a negotiation of the instrument. But where the instrument has been paid in part, it may be indorsed as to the residue. Indorsement of part. Sec. 33. ( Kinds of Indorsement .) An indorsement may be either special or in blank; and it may also be either restrictive, or qualified, or conditional. Modes of indorsing. Sec. 34. ( Special Indorsement; Indorsement in Blank .) A special indorsement specifies the person to whom, or to whose order the instrument is to be payable; and the indorsement of such indorser is necessary to the further negotiation of the instrument. An indorsement in blank specifies no indorser, and an instrument so indorsed is payable to bearer, and may be negotiated by delivery. Special indorsement. Blank indorsement. Sec. 35. ( Blank Indorsement; How Changed to Special Indorsement .) The holder may convert a blank indorsement into a special indorsement by writing over the signature of the indorser in blank any contract consistent with the character of the indorsement. Change of blank to special indorsement. Sec. 36. ( When Indorsement Restrictive .) An indorsement is restrictive, which either: Restrictive indorsement. C. C. 4275. (1) Prohibits the further negotiation of the instrument; or (2) Constitutes the indorsee the agent of the indorser; or (3) Vests the title in the indorser in trust for or to the use of some other person. But the mere absence of words implying power to negotiate does not make an indorsement restrictive. Sec. 37. ( Effect of Restricting Indorsement; Right of Indorsee .) A restrictive indorsement confers upon the indorsee the right: (1) To receive payment of the instrument; (2) To bring any action thereon that the indorser could bring;
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(3) To transfer his rights as such indorsee, where the form of the indorsement authorizes him to do so. But all subsequent indorsers acquire only the title of the first indorsee under the restrictive indorsement. Sec. 38. ( Qualified Indorsement .) A qualified indorsement constitutes the indorser a mere assignor of the title to the instrument. It may be made by adding to the indorser's signature the words Without recourse, or any words of similar import. Such an indorsement does not impair the negotiable character of the instrument. Indorsement without recourse, etc. Sec. 39. ( Conditional Indorsement .) Where an indorsement is conditional, a party required to pay the instrument may disregard the condition, and make payment to the indorsee or his transferee, whether his condition has been fulfilled or not. But any person to whom an instrument so indorsed is negotiated will hold the same, or the proceeds thereof, subject to the rights of the person indorsing conditionally. Effect of conditional indorsement. Sec. 40. ( Indorsement of Instrument payable to bearer .) Where an instrument payable to bearer is indorsed specially, it may nevertheless be further negotiated by delivery; but the person indorsing specially is liable as indorser to only such holders as make title through indorsement. Payable to bearer, indorsed specially. Sec. 41. ( Indorsement where Payable to Two or More Persons .) Where an instrument is payable to the order of two or more payees or indorsees who are not partners, all must indorse, unless the one indorsing has authority to indorse for the others. Payable to two, how indorsed. Sec. 42. ( Effect of Instrument Drawn or indorsed to a person as Cashier .) Where an instrument is drawn or indorsed to a person as cashier, or other fiscal officer of a bank or corporation, it is deemed prima facie to be payable to bank or corporation of which he is such officer, and may be negotiated by either the indorsement of the bank or corporation, or the indorsement of the officer. Drawn or indorsed to officer, how indorsed. Sec. 43. ( Indorsement where Name is Misspelled, etc .) Where the name of a payee or indorsee is wrongly designated
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or misspelled, he may indorse the instrument as therein described, adding, if he thinks fit, his proper signature. Misspelling name. Sec. 44. ( Indorsement in representative capacity .) Where any person is under obligations to indorse in representative capacity, he may indorse in such terms as to negative personal liability. Representative capacity of indoser. Sec. 45. ( Time of Indorsement; Presumption .) Except where an indorsement bears date after the maturity of the instrument, every negotiation is deemed prima facie to have been effected before the instrument was overdue. Indorsement before due, when presumed. Sec. 46. ( Place of Indorsement; Presumption .) Except where the contrary appears, every indorsement is presumed prima facie to have been made at the place where the instrument is dated. Presumption as to Place. Sec. 47. ( Continuation of Negotiable Character .) An instrument negotiable in its origin continues to be negotiable until it has been restrictively indorsed or discharged by payment or otherwise. Continued negotiability. Sec. 48. ( Striking Out Indorsement .) The holder may at any time strike out any indorsement which is not necessary to his title. The indorser whose indorsement is struck out, and all indorsers subsequent to him, are thereby relieved from liability on the instrument. Holder may strike indorsement; effect. Sec. 49. ( Transfer Without Indorsement; Effect of .) Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor. But for the purpose of determining whether the transferee is a holder in due course, the negotiation takes effect at the time when the indorsement is actually made. Effect of transfer without indorsement. Sec. 50. ( When Prior Party May Negotiate Instruments .) Where an instrument is negotiated back to a prior party, such party may, subject to the provisions of this Act, reissue and
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further negotiate the same. But he is not entitled to enforce payment thereof against any intervening party to whom he was personally liable. Negotiation back to prior party. ARTICLE IV. RIGHTS OF THE HOLDER. Sec. 51. ( Rights of the Holder to Sue; Payment .) The holder of a negotiable instrument may sue thereon in his own name; and payment to him in due course discharges the instrument. Suit by holder; payment ot him. Sec. 52. ( What Constitutes a Holder in Due Course .) A holder in due course is a holder who has taken the instrument under the following conditions: Holder in due course defined. (1) That is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title or the person negotiating it. Sec. 53. ( When Person Not Deemed Holder in Due Course .) Where an instrument payable on demand is negotiated an unreasonable length of time after its issue, the holder is not deemed a holder in due course. Demand paper, delay in negotiating. Sec. 54. ( Notice Before Full Amount Paid .) Where the transferee receives notice of any infirmity in the instrument or defect in the title of the person negotiating the same before he has paid the full amount agreed to be paid therefor, he will be deemed a holder in due course only to the extent of the amount theretofore paid by him. Notice of infirmity, effect of. Sec. 55. ( When Title Defective .) The title of a person who negotiates an instrument is defective within the meaning of this Act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful
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means or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud. Defective title of negotiant meaning of. Sec. 56. ( What Constitutes Notice of Defect .) To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his actions in taking the instrument amounted to bad faith. Notice, what constitutes. Cf. C. C. 4291. Sec. 57. ( Rights of Holder in Due Course .) A holder in due course holds the instrument free from any defect of title to prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon. Rights of holder. Sec. 58. ( When Subject to Original Defenses .) In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the right of such former holder in respect of all parties prior to the latter. Defenses against holder. Sec. 59. ( Who Deemed Holder in Due Course .) Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior to the acquisition of such defective title. Presumption in favor of holder. C. C. 4288-90. ARTICLE V. LIABILITIES OF PARTIES. Sec. 60. ( Liability of Maker .) The maker of a negotiable instrument by making it engages that he will pay it according
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to its tenor, and admits the existence of the payee and his then capacity to indorse. Maker's liability. Sec. 61. ( Liability of Drawer .) The drawer by drawing the instrument admits the existence of the payee and his then capacity to indorse; and engages that on due presentment the instrument will be accepted or paid, or both, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it. But the drawer may insert in the instrument an express stipulation negativing or limiting his own liability to the holder. Drawer's liability. Sec. 62. ( Liability of Acceptor .) The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance; and admits (1) The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and Acceptor's liability. (2) The existence of the payee and his then capacity to endorse. Sec. 63. ( When Person Deemed Indorser .) A person placing his signature upon an instrument other than as maker, drawer, or acceptor is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity. Indorser defined. Sec. 64. ( Liability of Irregular Indorser .) Where a person, not otherwise a party to an instrument, places thereon his signature in blank before delivering, he is liable as indorser, in accordance with the following rules: Irregular indorser's liability. (1) If the instrument is payable to the order of a third person, he is liable to the payee and all subsequent parties. (2) If the instrument is payable to the order of the maker or drawer, or is payable to the bearer, he is liable to all parties subsequent to the maker or drawer. (3) If he signs for the accommodation of the payee, he is liable to all parties subsequent to the payee.
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between or among themselves they have agreed otherwise. Joint payers or joint indorsers who indorse are deemed to indorse jointly and severally. Sec. 69. ( Liability of an Agent or Broker .) Where a broker or other agent negotiates an instrument without indorsement, he incurs all the liabilities prescribed by Section 65 of this Act, unless he discloses the name of his principal, and the fact that he is acting only as an agent. Broker or agent negotiating, liability of. ARTICLE VI. PRESENTMENT FOR PAYMENT. Sec. 70. ( Effect of want of Demand on Principal Debtor .) Presentment for payment is not necessary in order to charge the person primarily liable on the instrument; but if the instrument is, by its terms, payable at a special place, and he is able and willing to pay it then at maturity, such ability and willingness are equivalent to a tender of payment upon his part. But except as herein otherwise provided, presentment for payment is necessary in order to charge the drawer and indorsers. Payment not demanded; effect. Sec. 71. ( Presentment where Instrument is not Payable on Demand and where Payable on Demand .) Where the instrument is not payable on demand, presentment must be made on the day it falls due. Where it is payable on demand, presentment must be made within reasonable time after its issue, except that in case of a bill of exchange, presentment for payment will be sufficient if made within a reasonable time after the last negotiation thereof. Time of presenting. Sec. 72. ( What Constitutes a Sufficient Presentment .) Presentment for payment, to be sufficient, must be made: Sufficient presentment. (1) By the holder or by some person authorized to receive payment on his behalf; (2) At a reasonable hour on a business day; (3) At a proper place as herein defined; (4) To the person primarily liable on the instrument or if he is absent or inaccessible to any person found at the place where the presentment is made.
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Sec. 73. ( Place of Presentment .) Presentment for payment is made at the proper place: Place. (1) Where a place of payment is specified in the instrument and it is there presented; (2) Where no place of payment is specified, but the address of the person to make payment is given in the instrument and it is there presented; (3) Where no place of payment is specified and no address is given and the instrument is presented at the usual place of business or residence of the person to make payment; (4) In any other case, if presented to the person to make payment wherever he can be found, or if presented at his last known place of business or residence. Sec. 74. ( Instrument must be Exhibited .) The instrument must be exhibited to the person from whom payment is demanded, and when it is paid must be delivered up to the party paying it. Showing paper: delivery. Sec. 75. ( Presentment where Instrument Payable at Bank .) Where the instrument is payable at a bank, presentment for payment must be made during banking hours, unless the person to make the payment has no funds there to meet it at any time during the day, in which case presentment at any hour before the bank is closed on that day is sufficient. Bank, presentment at Sec. 76. ( Presentment where the principal Debtor is Dead .) Where the person primarily liable on the instrument is dead, and no place of payment is specified, presentment for payment must be made to his personal representative if such there be, and if, with the exercise of reasonable diligence, he can be found. Decedent's representative, presentment to. Sec. 77. ( Presentment to persons Liable as Partners .) Where the persons primarily liable on the instrument are liable as partners, and no place of payment is specified, presentment for payment may be made to any one of them, even though there has been a dissolution of the firm. Partners, presentment to.
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Sec. 78. ( Presentment to Joint Debtors .) Where there are several persons, not partners, primarily liable on the instrument, and no place of payment is specified, presentment must be made to them all. Joint debtors, presentment to. Sec. 79. ( When Presentment not Required to charge the Drawer .) Presentment for payment is not required in order to charge the drawer, where he has no right to expect or require that the drawee or acceptor will pay the instrument. Drawer, presentment to, when not required. Sec. 80. ( When Presentment not Required to charge the Indorser .) Presentment for payment is not required in order to charge one indorser, where the instrument was made or accepted for his accommodation and he has no reason to expect that the instrument will be paid if presented. Indorser, presentment to, when not required. Sec. 81. ( When Delay in Making Presentment is Excused .) Delay in Making Presentment is Excused.) Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of holder, and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, presentment must be made with reasonable diligence. Delay in presentment. Sec. 82. ( When Presentment May Be Dispensed With .) Presentment for payment is dispensed with: Presentment dispensed with when. (1) Where after the exercise of reasonable diligence presentment as required by this Act can not be done; (2) Where the drawee is a fictitious person; (3) By waiver of presentment, expressed or implied. Sec. 83. ( Where Instrument Dishonored by Non-payment .) The instrument is dishonored by non-payment when: Dishonor by non-payment. (1) It is duly presented for payment and payment is refused or can not be obtained, or (2) Presentment is excused and the instrument is over due or unpaid. Sec. 84. ( Liability of Person Secondarily Liable. When Instrument Dishonored .) Subject to the provisions of this Act; when the instrument is dishonored by non-payment,
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on immediate right of recourse to all parties secondarily liable thereon accrues to the holder. Secondary liability on dishonored paper. Sec. 85. ( Time of Maturity .) Every negotiable instrument is payable at the time fixed therein without grace. When the day of maturity falls upon Sunday or a holiday, the instrument is payable on the next succeeding business day. Instruments falling due on Saturday are to be presented for payment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented before twelve o'clock noon on Saturday when that entire day is not a holiday. Maturity on Sunday or holiday. Cf. C. C. 1910. 4285. Paper due Saturday, to be presented when. Sec. 86. ( Time; How Computed .) Where the instrument is payable at a fixed period after date, after sight, or after happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run, and by including the date of payment. Computation of time. Sec. 87. ( Rule where Instrument Payable at Bank .) Where the instrument is made payable at a bank, it shall not be equivalent to an order to the bank to pay the same for the account of the principal debtor thereon. Payable at bank. Sec. 88. ( What Constitutes Payment in Due Course .) Payment is made in due course when it is made at or after the maturity of the instrument to the holder thereof in good faith and without notice that his title is defective. Payment to holder without title. ARTICLE VII. NOTICE OF DISHONOR. Sec. 89. ( To whom Notice of Dishonor must be Given .) Except as herein otherwise provided, when a negotiable instrument has been dishonored by non-acceptance or nonpayment, notice of the dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged. Notice of dishonor. Cf. C. C. 1910, 4280. Sec. 90. ( By Whom Given .) The notice may be given by or on behalf of the holder, or by or on behalf of any party to the instrument who might be compelled to pay it to the holder,
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and who upon taking it up would have a right to reimbursement from the party to whom the notice is given. Sec. 91. ( Notice Given by Agent .) Notice of dishonor may be given by an agent either in his own name or in the name of any party entitled to give notice, whether that party be his principal or not. Agent's notice of dishonor. Sec. 92. ( Effect of Notice Given on Behalf of the Holder .) Where notice is given by or on behalf of the holder, it enures for the benefit of all subsequent holders and all prior parties who have a right of recourse against the party to whom it is given. Notice in behalf of holder; effect. Sec. 93. ( Effect where Notice is Given by Party Entitled Thereto .) Where notice is given by or on behalf of a party entitled to give notice, it enures for the benefit of the holder and all parties subsequent to the party to whom notice is given. Who benefited by notice. Sec. 94. ( When Agent May Give Notice .) Where the instrument has been dishonored in the hands of an agent, he may either himself give notice to the parties liable thereon, or he may give notice to his principal. If he gives notice to his principal he must do so within the same time as if he were the holder, and the principal, upon the receipt of such notice, has himself the same time for giving notice as if the agent had been an independent holder. Notice by agent. Sec. 95. ( When Notice Sufficient .) A written notice need not be signed, and an insufficient written notice may be supplemented and validated by verbal communication. A misdescription of the instrument does not vitiate the notice unless the party to whom the notice is given is in fact misled thereby. Sufficient notice. Oral notice. Sec. 96. ( Form of Notice .) The notice may be in writing or merely oral and may be given in any terms which sufficiently identify the instrument, and indicate that it has been dishonored by non-acceptance or non-payment. It may in all cases be given by delivering it personally on through the mails. Same subject. Sec. 97. ( To Whom Notice May Be Given .) Notice of dishonor may be given either to the party himself or to his agent in that behalf. Notice to agent.
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Sec. 98. ( Notice When Party Is Dead .) When any party is dead, and his death is known to the party giving notice, the notice must be given to a personal representative, if there be one, and if with reasonable diligence he can be found. If there be no personal representative, notice may be sent to the last residence or last place of business of the deceased. Notice to decedent's representative. Sec. 99. ( Notice to Partners .) Where the parties to be notified are partners, notice to any one partner is notice to the firm, even though there has been a dissolution. Partner, notice to. Sec. 100. ( Notice to Persons Jointly Liable .) Notice to joint parties who are not partners must be given to each of them, unles one of them has authority to receive such notice for the other. Joint parties, notice to. Sec. 101. ( Notice to Bankrupt .) Where a party has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, notice may be given either to the party himself or to his trustee or assignee. Bankrupt. Sec. 102. ( Time Within Which Notice Must be Given .) Notice may be given as soon as the instrument is dishonored; and unless delay is exercised as hereinafter provided, must be given within the time fixed by this Act. Time of notice. Sec. 103. ( Where Parties Reside in the Same Place .) Where the person giving and the person to receive notice reside in the same place, notice must be given within the following times: Same subject. (1) If given at the place of business of the person to receive notice, it must be given before the close of business hours on the day following. (2) If given at his residence, it must be given before the usual hour of rest on the day following. (3) If sent by mail, it must be deposited in the post office in time to reach him in usual course the day following. Sec. 104. ( Where Parties Reside in Different Places .) Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times: Same subject.
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(1) If sent by mail, it must be deposited in the post office in time to go by mail the day following the day of dishonor, or if there be no mail at a convenient hour on that day, by the next mail thereafter. Mailing notice (2) If given otherwise than through the post office, then within the time that notice would have been received in due course of mail, if it had been deposited in the post office within the time specified in the last subdivision. Sec. 105. ( When the Sender Deemed to Have Given Due Notice .) When the notice of dishonor is duly addressed and posited in the post office, the sender is deemed to have given due notice, notwithstanding any miscarriage in the mails. Miscarriage. Sec. 106. ( Deposit in Post Office; What Constitutes .) Notice is deemed to have been deposited in the post office when deposited in any branch post office or in any letter box under the control of the post office department. Deposit in mail-box. Sec. 107. ( Notice to Subsequent Party; Time of .) When a party receives notice of dishonor, he has after the receipt of such notice the same time for giving notice to antecedent parties that the holder has after the dishonor. Time of notice to subsequent party. Sec. 108. ( Where Notice Must be Sent .) Where a party has added an address to his signature, notice of dishonor must be sent to that address, but if he has not given such address, then notice must be sent as follow: Address. (1) Either to the post office nearest to his place of residence, or to the post office where he is accustomed to receive his letters; or (2) If he lives in one place and has his place of business in another, notice may be sent to either place; or (3) If he is sojourning in another place, notice may be sent to the place where he is so sojourning. But where the notice is actually received by the party within the time specified by this Act, it will be sufficient though not sent in accordance with the requirements of this section. Notice missent, received, sufficient.
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Sec. 109. ( Waiver of Notice .) Notice of dishonor may be waived, either before the time of giving notice has arrived, or after the omission to give due notice, and the waiver may be express or implied. Waiver of notice of dishonor. Sec. 110. ( Whom Affected by Waiver .) When the waiver is embodied in the instrument itself, it is binding upon all parties; but where it is written above the signature of an indorser, it binds him only. Same subject. Sec. 111. ( Waiver of Protest .) A waiver of protest, whether in the case of a foreign bill of exchange or other negotiable instrument, is deemed to be a waiver not only of a formal protest but also of presentment and notice of dishonor. Protest waiver. Sec. 112. ( Where Notice is Dispensed With .) Notice of dishonor is dispensed with when, after the exercise of reasonable diligence, it can not be given to or does not reach the parties sought to be charged. Notice dispensed with when. Sec. 113. ( Delay in Giving Notice; How Excused .) Delay in giving notice of dishonor is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, notice must be given with reasonable diligence. Delay in notice. Sec. 114. ( When Notice Need Not be Given to Drawer .) Notice of dishonor is not required to be given to the drawer in either of the following cases: Notice to drawer, when not required. (1) Where the drawer and the drawee are the same person; (2) Where the drawee is a fictitious person or a person not having capacity to contract; (3) Where the drawer is the person to whom the instrument is presented for payment; (4) Where the drawer has no right to expect or require that the drawee or acceptor will honor the instrument. (5) Where the drawer has countermanded payment. Sec. 115. ( When Notice Need Not be given to Indorser .) Notice of dishonor is not required to be given to an indorser in either of the following cases: Notice to indorser, when not required.
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(1) Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; (2) Where the indorser is the person to whom the instrument is presented for payment; (3) Where the instrument was made or accepted for his accommodation. Sec. 116. ( Notice of Nonpayment Where Acceptance Refused .) Where due notice of dishonor by non-acceptance has been given, notice of a subsequent dishonor by non-payment is not necessary, unless in the meantime the instrument has been accepted. Notice of subsequent dishonor. Sec. 117. ( Effect of Omission to Give Notice of Non-acceptance .) An omission to give notice of dishonor by non-acceptance does not prejudice the rights of a holder in due course subsequent to the omission. Omission of notice of non-acceptance. Sec. 118. ( When Protest Need not be Made; When Must be made .) Where any negotiable instrument has been dishonored, it may be protested for non-acceptance or non-payment, as the case may be; but protest is not required except in the case of foreign bills of exchange. Protest, when not required. Article VIII. DISCHARGE OF NEGOTIABLE INSTRUMENTS. Sec. 119. ( Instrument; How Discharged .) A negotiable instrument is discharged: Discharge. (1) Bv payment in due course by or on behalf of the principal debtor; (2) By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; (3) By the intentional cancellation thereof by the holder; (4) By any other act which will discharge a simple contract for the payment of money;
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(5) When the principal debtor becomes the holder of the instrument at or after maturity in his own right. Sec. 120. ( When Persons Secondarily Liable on; Discharged .) A person secondarily liable on the instrument is discharged: Discharge of one secondarily liable. (1) By an act which discharges the instrument; (2) By the intentional cancellation of his signature by the holder; (3) By the discharge of a prior party; (4) By a valid tender of payment made by a prior party; (5) By a release of the principal debtor, unless the holder's right to recourse against the party secondarily liable is expressly reserved; (6) By any agreement binding upon the holder to extend the time of payment, or to postpone the holder's right to enforce the instrument, unless made with the assent of the party secondarily liable or unless the right of recourse against such party is expressly reserved. Sec. 121. ( Right of Party Who Discharges Instrument .) Where the instrument is paid by a party secondarily liable thereon, it is not discharged, but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument, except: Payment by one secondarily liable; his rights. (1) Where it is payable to the order of a third person and has been paid by the drawer; and (2) Where it was made or accepted for accommodation and has been paid by the party accommodated. Sec. 122. ( Renunciation by Holder .) The holder may expressly renounce his rights against any party to the instrument, before, at or after its maturity. An absolute and unconditional renunciation of his rights against the principal debtor, made at or after the maturity of the instrument, discharges the instrument. But a renunciation does not affect the rights of a holder in due course without notice. A renunciation must be in writing, unless the instrument is delivered up to the person primarily liable thereon. Holder renouncing rights.
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Sec. 123. ( Cancellation Unintentional; Burden of Proof .) A cancellation made unintentionally, or under a mistake or without the authority of the holder, is inoperative; but where an instrument or any signature thereon appears to have been cancelled, the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake, or without authority. Unintended cancellation. Sec. 124. ( Alteration of Instrument; Effect of .) Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. Alteration. Cf. C. C. 4296. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor. Holder in due course protected. Cf. C. C. 4286. Sec. 125. ( What Constitutes a Material Alteration .) Any alteration which changes: Material alteration. (1) The date; (2) The sum payable, either for principal or interest; (3) The time or place of payment; (4) The number of relations of the parties; (5) The medium or currency in which payment is to be made; Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration.
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TITLE II . BILLS OF EXCHANGE Article I. FORM AND INTERPRETATION. Sec. 126. ( Bill of Exchange Defined .) A bill of exchange is an unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer. Definition. Cf. C. C. 1910, 4269. Sec. 127. ( Bill Not An Assignment of Funds in Hands of Drawee .) A bill of itself does not operate as an assignment of the funds in the hands of the drawee available for the payment thereof, and the drawee is not liable on the bill unless and until he accepts the same. Fund not assigned, drawee not liable, before acceptance. See C. C. 3654. Sec. 128. ( Bill Addressed to More Than One Drawee .) A bill may be addressed to two or more drawees jointly, whether they are partners or not; but not to two or more drawees in the alternative or in succession. Two drawees. Sec. 129. ( Inland and Foreign Bills of Exchange .) An inland bill of exchange is a bill which is, or on its face purports to be, both drawn and payable within this State. Any other bill is a foreign bill. Unless the contrary appears on the face of the bill, the holder may treat it as an inland bill. Inland and foreign bills defined. Sec. 130. ( When Bill May Be Treated as Promissory Note .) Wherein a bill drawer and drawee are the same person, or where the drawee is a fictitious person, or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or a promissory note. Bills treated as note when. Sec. 131. ( Referee in Case of Need .) The drawer of a bill and any indorser may insert thereon the name of a person to whom the holder may resort in case of need, that is to say in case the bill is dishonored by non-acceptance or non-payment
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Such person is called the referee in case of need. It is in the option of the holder to resort to the referee in case of need or not as he may see fit. Referee in case of need. ARTICLE II. ACCEPTANCE. Sec. 132. ( Acceptance: How Made, Etc. ) The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee. It must not express that the drawee will perform his promise by any other means than the payment of money. Acceptance requisites of. Sec. 133. ( Holder Entitled to Acceptance on Face of Bill .) The holder of a bill presenting the same for acceptance may require the acceptance to be written on the bill, and, if such request is refused, may treat the bill as dishonored. Refusal to write on bill. Sec. 134. ( Acceptance by Separate Instrument .) Where an acceptance is written on a paper other than the bill itself, it does not bind the acceptor except in favor of a person to whom it is shown and who, on the faith thereof, receives the bill for value. Acceptance on separate paper. Sec. 135. ( Promise to Accept; When Equivalent to Acceptance .) An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor of every person who upon faith thereof receives the bill for value. Written promise to accept. Sec. 136. ( Time Allowed Drawee to Accept .) The drawee is allowed twenty-four hours after the presentment, in which to decide whether or not he will accept the bill, but the acceptance, if given, dates as of the day of presentation. Time to accept. Sec. 137. ( Liability of Drawee Retaining or Destroying Bill .) Where a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or non-accepted to the holder, he will be deemed to have accepted the same. Drawee's non-return of bill; effect.
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Sec. 138. ( Acceptance of Incomplete Bill .) A bill may be accepted before it has been signed by the drawer, or while otherwise incomplete, or when it is overdue, or after it has been dishonored by a previous refusal to accept, or by non-payment. But when a bill payable after sight is dishonored by non-acceptance and the drawee subsequently accepts it, the holder in the absence of any different agreement, is entitled to have the bill accepted as of the date of the first presentment. Incomplete bill accepted. Sec. 139. ( Kinds of Acceptances .) An acceptance is either general or qualified. A general acceptance assents without qualification to the order of the drawer. A qualified acceptance in express terms varies the effect of the bill as drawn. General or qualified acceptance. Sec. 140. ( What Constitutes a General Acceptance .) An acceptance to pay at a particular place is a general acceptance unless it expressly states that the bill is to be paid there only and not elsewhere. General acceptance. Sec. 141. ( Qualified Acceptance .) An acceptance is qualified which is: Qualified acceptance. (1) Conditional, that is to say, which makes payment by the acceptor dependent on the fulfillment of a condition therein stated; (2) Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; (3) Local, that is to say, on acceptance to pay only at a particular place; (4) Qualified as to time; (5) The acceptance of some one or more of the drawees but not of all. Sec. 142. ( rights of Parties as to Qualified Acceptance .) The holder may refuse to take a qualified acceptance, and if he does not obtain an unqualified acceptance, he may treat the bill as dishonored by non-acceptance. Where a qualified acceptance is taken, the drawer and indorsers are discharged from liability on the bill, unless they have expressly or implicitly authorized the holder to take a qualified acceptance, or subsequently
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assent thereto, when the drawer or an indorser receives notice of a qualified acceptance, he must, within a reasonable time, express his dissent to the holder, or he will be deemed to have assented thereto. Dishonor by not giving general acceptance. Effect of taking qualified acceptance. Article III. PRESENTMENT FOR ACCEPTANCE. Sec. 143. ( When Presentment for Acceptance Must Be Made .) Presentment for Acceptance must be made: (1) Where the bill is payable after sight, or in any other case, where presentment for acceptance is necessary in order to fix the maturity of the instruments; or Presentment, when required. (2) Where the bill expressly stipulates that it shall be presented for acceptance; or (3) Where the bill is drawn payable elsewhere than at the residence or place of business of the drawee. In no other case is presentment for acceptance necessary in order to render any party to the bill liable. Sec. 144. ( When Failure to Present Releases Drawer and Indorser .) Except as herein otherwise provided, the holder of a bill which is required by the next preceding section to be presented for acceptance must either present it for acceptance or negotiate it within a reasonable time. If he fail to do so, the drawer and all indorsers are discharged. Failure to present. Sec. 145. ( Presentment; How Made .) Presentment for acceptance must be made by or on behalf of the holder at a reasonable hour, on a business day and before the bill is over due, to the drawee or some person authorized to accept or refuse acceptance on his behalf; and How and when presented. (1) Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all, unless one has authority to accept or refuse acceptance for all, in which case presentment may be made to him only. (2) Where the drawee is dead, presentment may be made to his personal representative;
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(3) Where the drawee has been adjudged a bankrupt or an insolvent or has made an assignment for the benefit of creditors, presentment may be made to him or to his trustee or assignee. Sec. 146. ( On What Days Presentment May be Made .) A bill may be presented for acceptance on any day on which negotiable instruments may be presented for payment under the provision of Sections 72 and 85 of this Act. When Saturday is not otherwise a holiday, presentment for acceptance may be made before twelve o'clock, noon, on that day. Days for presentment. See ante. pp. 141, 144. Sec. 147. ( Presentment Where Time is Insufficient .) Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused and does not discharge the drawers and indorsers. Delay excused when. Sec. 148. ( Where Presentment is Excused .) Presentment for acceptance is excused and a bill may be treated as dishonored by non-acceptance, in either of the following cases: (1) Where the drawee is dead, or has absconded, or is a fictitious person or a person not having capacity to contract by bill; Dishonor without presentation. (2) Where, after the exercise of reasonable diligence, presentment cannot be made; (3) Where, although presentment has been irregular, acceptance has been refused on some other ground. Sec. 149. ( When Dishonored by Non-Acceptance .) A bill is dishonored by non-acceptance: (1) When it is duly presented for acceptance and such acceptance as is prescribed by this Act is refused or cannot be obtained; or Dishonor by non-acceptance. (2) When presentment for acceptance is excused and the bill is not accepted.
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Sec. 150. ( Duty of Holder Where Bill not Accepted .) Where a bill is duly presented for acceptance and is not accepted within a prescribed time, the person presenting it must treat the bill as dishonored by non-acceptance, or he loses the right of recourse against the drawer and indorsers. Holder's duty on non-acceptance. Sec. 151. ( Rights of Holder Where Bill not Accepted .) When a bill is dishonored by non-acceptance, an immediate right of recourse against the drawers and indorsers accrues to the holder and no presentment for payment is necessary. Recourse against drawer, etc. ARTICLE IV. PROTEST. Sec. 152. ( In What Cases Protest Necessary .) Where a foreign bill appearing on its face to be such is dishonored by non-acceptance, it must be duly protested for non-acceptance, and where such a bill which has not previously been dishonored by non-acceptance is dishonored by non-payment, it must be duly protested for non-payment. If it is not so protested the drawer and indorsers are discharged. Where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is unnecessary. Protest, when required. Cf. C.C. 4280. Sec. 153. ( Protest; How Made .) The protest must be annexed to the bill, or must contain a copy thereof, and must be under the hand and seal of the notary making it, and must specify: Mode of protest. (1) The time and place of presentment; (2) The fact that presentment was made and the manner thereof; (3) The cause or reason for protesting the bill; (4) The demand made and the answer given, if any, or the fact that the drawer or acceptor could not be found. Sec. 154. ( Protest; by Whom Made .) Protest may be made by: Mode of protest. (1) A Notary Public; or (2) By any respectable resident of the place where the bill is dishonored, in the presence of two or more credible witnesses.
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Sec. 155. ( Protest; When to be Made .) When a bill is protested, such protest must be made on the day of its dishonor, unless delay is excused as herein provided. When a bill has been duly noted, the protest may be subsequently extended as of the date of the noting. Time of protest. Sec. 156. ( Protest; Where Made .) A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business, or residence of some person other than the drawee, has been dishonored by the non-acceptance, it must be protested for non-payment at the place where it is expressed to be payable, and no further presentment for payment to or demand on, the drawee is necessary. Place of protest. Sec. 157. ( Protest Both for Non-Acceptance and Non-Payment .) A bill which has been protested for non-acceptance may be subsequently protested for non-payment. Second protest. Sec. 158. ( Protest Before Maturity Where Acceptor Insolvent .) Where the acceptor has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, before the bill matures, the holder may cause the bill to be protested for better security against the drawee and indorsers. Protest before maturity. Sec. 159. ( When Protest Dispensed With ). Protest is dispensed with by any circumstances which would dispense with notice of dishonor. Delay in noting or protesting is excused when delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, the bill must be noted or protested with reasonable diligence. Delay in protesting. Sec. 160. ( Protest Where Bill is Lost, Etc. ) When a bill is lost or destroyed or is wrongly detained from the person entitled to hold it, protest may be made on a copy or written particulars thereof. Lost bill, protest of.
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ARTICLE V. ACCEPTANCE FOR HONOR. Sec. 161. ( When Bill May be Accepted for Honor .) Where a bill of exchange has been protested for dishonor by non-acceptance or protested for better security and is not overdue, any person not being a party, already liable thereon, may, with the consent of the holder, intervene and accept the bill supra protest for the honor of any party liable thereon, or for the honor of the person for whose account the bill is drawn. The acceptance for honor may be for the part only of the sum for which the bill is drawn; and where there has been an acceptance for honor for one party, there may be a further acceptance by a different person for the honor of another party. Acceptance supra protest. Sec. 162. ( Acceptance for Honor; How Made .) An acceptance for honor supra protest must be in writing, and indicate that it is an acceptance for honor, and must be signed by the acceptor for honor. How accepted for honor. Sec. 163. ( When Deemed to be an Acceptance for Honor of the Drawer .) Where an acceptance for honor does not expressly state for whose honor it is made, it is deemed to be an acceptance for the honor of the drawer. When deemed for drawer's honor. Sec. 164. ( Liability of the Acceptor for Honor .) The acceptor for honor is liable to the holder and to all parties to the bill subsequent to the party for whose honor he has accepted. Liability of acceptor. Sec. 165. ( Agreement of Acceptor for Honor .) The acceptor for honor, by such acceptance engages that he will on due presentment pay the bill according to the terms of his acceptance, provided it shall not have been paid by the drawee, and provided also that it shall have been duly presented for payment and protested for non-payment and notice of dishonor given to him. Undertaking of acceptor. Sec. 166. ( Maturity of Bill Payable After Sight; Accepted for Honor .) Where a bill payable after sight is accepted for honor, its maturity is calculated from the date of the noting of non-acceptance, and not from the date of the acceptance for honor. Date of Maturity.
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Sec. 167. ( Protest of Bill Accepted for Honor, Etc. ) Where a dishonored bill has been accepted for honor supra protest, or contains a reference in case of need, it must be protested for non-payment before it is presented for payment to the acceptor for honor or referee in case of need. Protest. Sec. 168. ( Presentment for Payment to Acceptor for Honor; How Made .) Presentment for payment to the acceptor must be made as follows: Presentment. (1) If it is to be presented in the place where the protest for non-payment was made, it must be presented not later than the day following its maturity. (2) If it is to be presented in some other than the place where it was protested, then it must be forwarded within the time specified in Section one hundred and four. Sec. 169. ( When Delay in Making Presentment is Excused .) The provisions of Section eighty-one apply where there is delay in making presentment to the acceptor for honor or referee in case of need. Delay in presenting. Sec. 170. ( Dishonor of Bill by Acceptor for Honor .) When the bill is dishonored by the acceptor for honor, it must be protested for non-payment by him. Dishonor. Article VI. PAYMENT FOR HONOR. Sec. 171. ( Who May Make Payment for Honor .) Where a bill has been protested for non-payment, any person may intervene and pay it supra protest for the honor of any person liable thereon or for the honor of the person for whose account it was drawn. Who may intervene and pay. Sec. 172. ( Payment for Honor; How Made .) The payment for honor supra protest, in order to operate as such and not as a mere voluntary payment, must be attested by a national act of honor which may be appended to the protest or form an extension to it. How paid for honor.
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Sec. 173. ( Declaration Before Payment for Honor .) The notarial act of honor must be founded on a declaration made by the payer for honor or by his agent in that behalf, declaring his intention to pay the bill for honor, and for whose honor he pays. Declaration of intention. Sec. 174. ( Preference of Parties Offering to Pay for Honor .) Where two or more persons offer to pay a bill for the honor of different parties, the person whose payment will discharge most parties to the bill is to be given the preference. Preference between two offering to pay. Sec. 175. ( Effect on Subsequent Parties Where Bill is Paid for Honor .) Where a bill has been paid for honor, all parties subsequent to the party for whose honor it is paid are discharged, but the payer for honor is subrogated for, and succeeds to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter. Subrogation of payer for honor. Sec. 176. ( Where Holder Refuses to Receive Payment Supra Protest .) Where the holder of a bill refuses to receive payment supra protest, he loses his right of recourse against any party who would have been discharged by such payment. Refusal to receive payment. Sec. 177. ( Rights of Payer for Honor .) The payer for honor, on paying to the holder the amount of the bill and the notarial expenses incidental to its dishonor, is entitled to receive both the bill itself and the protest. Payer for honor entitled to bill. etc. ARTICLE VII. BILLS IN A SET. Sec. 178. ( Bills in Sets Constitute One Bill .) Where a bill is drawn in a set, each part of the set being numbered and containing a reference to the other parts, the whole of the parts constitute one bill. Set constitutes one bill. Sec. 179. ( Rights of Holders Where Different Parts are Negotiated .) Where two or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is as between such holders the true owner of the bill.
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But nothing in this section affects the rights of a person who in due course accepts or pays the part first presented to him. Holders of, different parts, rights of. Sec. 180. ( Liability of Holder Who Indorses Two or More Parts of a Set in Different Persons .) Where the holder of a set indorses two or more parts to different persons, he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills. Indorsement to different persons. Sec. 181. ( Acceptance of Bills Drawn in Sets .) The acceptance may be written on any part and it must be written on one part only. If the drawer accepts more than one part, and such accepted parts are negotiated to different holders in due course, he is liable on every such part as if it were a separate bill. Acceptance of different parts. Sec. 182. ( Payment by Accepor of Bills Drawn in Sets .) When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereon. Payment without requiring delivery. Sec. 183. ( Effect of Discharging One of a Set .) Except as herein otherwise provided, where any one part of a bill drawn in a set is discharged by payment or otherwise the whole bill is discharged. Discharge of one part, effect of. TITLE III . PROMISSORY NOTES AND CHECKS ARTICLE I. Sec. 184. ( Promissory Note Defined .) A negotiable promissory note made within the meaning of this Act is an unconditional promise in writing made by one person to another signed by the marker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money or in cotton or other articles of value, to order or to bearer. Where a note is drawn to the maker's own order, it is not complete until indorsed by him. If it is made payable in articles of value
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other than money, and payment is not punctually made, the holder may recover the value of such articles at the time the note was due, at the place where it was payable, if a specific place is mentioned, otherwise at the place where it was made, with lawful interest thereon. Definition. Cf. C. C. 4270. Payable in specifics. Recovery of value of articles named. Sec. 185. ( Check Defined .) A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this Act applicable to a bill of exchange payable on demand apply to a check. Check defined. Sec. 186. ( Within What Time a Check Must be Presented .) A check must be presented for payment within a reasonable time after its issue, or the drawer will be discharged from liability thereon to the extent of the loss caused by delay. Time for presenting check. Sec. 187. ( Certification of Check; Effect of .) Where a check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance. Certified check. Sec. 188. ( Effect Where the Holder of Check Procures it to be Certified .) Where the holder of a check procures it to be accepted or certified, the drawer and all indorsers are discharged from liability thereon. When certification discharges drawer, etc. Sec. 189. ( Where Check Operates as an Assignment .) A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder unless and until it accepts or certifies the check. Assignment of fund by check. TITLE IV . GENERAL PROVISIONS ARTICLE I. Sec. 190. ( Short Title .) This Act shall be known as the Negotiable Instruments Law. Title of law. Sec. 191. ( Definitions and Meanings of Terms .) In this Act, unless the context otherwise requires: Definitions. Acceptance means an acceptance completed by delivery of notification.
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Action includes counter-claim and set-off. Definitions. Bank includes any person or association of persons carrying on the business of banking, whether incorporated or not. Bearer means the person in possession of a bill or note which is payable to bearer. Bill means bill of exchange, and Note means negotiable promissory note. Delivery means transfer of possession, actual or constructive, from one person to another. Holder means the payee or indorser of a bill or note, who is in possession of it, or the bearer thereof. Indorsement means an indorsement completed by delivery. Instrument means negotiable instrument. Issue means the first delivery of the instrument, complete in form, to a person who takes it as a holder. Person includes a body of persons, whether incorporated or not. Value means valuable consideration. Written includes printed, and writing includes print. Sec. 192. ( Person Primarily Liable on Instrument .) The person primarily liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same. All other parties are secondarily liable. Primary Liability. Sec. 193. ( Reasonable Time; What Constitutes .) In determining what is a reasonable time or an unreasonable time, regard is to be had of the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case. Time, what reasonable. Sec. 194. ( Time; How Computed; When Last Day Falls on Holiday .) Where the day, or the last day, for doing any act
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herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day. Last day a holiday. See Sec. 85, ante. Sec. 195. ( Cases Not Provided for in Act .) In any case not provided for in this Act the rules of the law merchant shall govern. Cases not provided for herein. Sec. 196. ( Repeals .) All laws and parts of laws inconsistent with this Act are hereby repealed. Adopted August 18, 1924. NORMAL SCHOOL AT STATESBORO ESTABLISHED AS BRANCH OF STATE UNIVERSITY. No. 514. An Act to establish, organize and maintain, as a branch of the University of Georgia a normal school or teacher's college, to be located at Statesboro, Georgia, and to be known as the Georgia Normal School, and to include therein the organization, plant and equipment of the First District Agricultural and Mechanical School; to provide for courses of study therein, to provide for a board of trustees therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That there shall be, and is hereby, established at Statesboro, Georgia, on the tract of land occupied by the First District Agricultural and Mechanical School as a branch of the University of Georgia, a normal school for teachers to be known as the Georgia, Normal School to which shall be admitted white students, citizens of this State, both male and female, and without charges for tuition therein. Georgia Normal School. On site of First District Agricultural School. Tuition free. Sec. 2. Be it further enacted by the authority aforesaid, That the plant, equipment and property, both real and personal, of said First District Agricultural and Mechanical School, title to which is in the State of Georgia, shall be for the
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use of said Georgia Normal School; and the trustees of said First District Agricultural and Mechanical School, for their respective terms, unless removed as hereinafter provided shall have as full and complete authority for the management and control of said school as they now have over said First District Agricultural and Mechanical School. Trustees. Sec. 3. Be it further enacted by the authority aforesaid, That as the terms of said trustees shall expire, their successors, fifteen in number, shall be appointed by the Governor with the consent of the Senate, from among citizens of said State and they shall hold office for a period of four years and until their successors are appointed, but that the Chancellor of the University of Georgia and the State Superintendent of Schools, in addition to the aforesaid members, shall be ex-officio members of said board of trustees. Appointment and terms of future trustees. Ex-officio trustees. Sec. 4. Be it further enacted by the authority aforesaid, That said board of trustees shall serve without compensation, except as to actual expenses incurred in the performance of their duties, on the approval of the chairman of said board, which shall be paid. The term of any trustee upon his or her failure to attend two successive regular meetings of said board, shall automatically end, and it shall be the duty of the Governor, upon that fact being made to appear, to appoint a successor for such trustee. No pay for trustees, except expenses. Vacancies from non-attendance. Sec. 5. Be it further enacted by the authority aforesaid, That said trustees shall cause to be maintained in said school courses of study in general agriculture, home economics and other subjects in connection therewith, and in addition, shall require to be taught therein and added thereto at least two years of normal training for teachers similar to that taught in other schools of like character, provided, however, said trustees shall have ample authority by proper rules and regulations to provide for an election of courses of study in said school. Courses of study. Sec. 6. Be it further enacted, That in determining the courses of study and other standards and in making changes
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therein, the trustees of said school shall do so on the advice of the State Board of Education and the Chancellor of the University of Georgia. Same subject. Sec. 7. Be it further enacted, that said trustees shall have authority to create such officers of said school, and employ such teachers, and fix salaries of same, as may be necessary to carry out the purposes of said school herein set forth. Officers and teachers; Salaries. Sec. 8. Be it further enacted by the authority aforesaid, That said school shall have the authority to give diplomas, certificates and such other evidences of work done as may be authorized by law or conferred and given by other schools of like character and standing. Diplomas. Sec. 9. Be it further enacted by the authority aforesaid, That nothing herein contained shall be construed as reducing the authority of the trustees of said school to provide for full instructions in the branches of study heretofore and now prescribed for the students in said school, it being the intention of this Act to enlarge the scope and increase the usefulness of said school by maintaining in connection therewith and as a part of same a teachers' training school for the State of Georgia. Authority of trustees, as to instruction. Sec. 10. Be it further enacted, That all appropriations made to the First District Agricultural and Mechanical School shall be for the use of said Georgia Normal School, as herein consolidated therewith. Appropriations. Sec. 11. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 18, 1924. PENSIONS FOR FIREMEN IN CERTAIN CITIES; PAYMENTS IN CASE OF ACCIDENT, DEATH, ETC. No. 454. An Act to provide that cities having a population of more than one hundred and fifty thousand (150,000) by the United
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States census of 1920 or any subsequent census shall furnish aid, relief and pensions to members of paid fire departments now in active service, and whose names are on the payroll of such department and to future members, and their dependents in specified cases. To provide how such members who have served twenty-five years may be retired for life on half pay. To provide how such members shall be paid in case of total disability resulting from such service, and how such total disability may be determined. To provide for relief in case of sickness or accident resulting from such service. To provide for the relief of dependents and to provide for widows and children of deceased pensioners to be paid in case of death of any such member resulting from said service. To provide that such cities shall levy tax of one (1%) per centum on the salaries of such members in active service and on pay roll and to future members to raise in part the funds to pay such aids, reliefs and pensions, collectible monthly. To provide that such cities shall use one-fifth (1-5) of the tax collected on fire and lightning insurance companies or associations from the premiums thereof on property situated within the corporate limits of such cities; to pay such aid, relief and pensions. To provide that such cities shall levy a tax of one and one-fourth (1) per centum on the premiums of such fire and lightning insurance companies on property situated within the corporate limits of such cities. To provide that one and one-fourth (1) per centum shall be the limit which such cities shall be allowed to tax the premiums of such fire and lightning insurance companies or associations on premiums collected on property situated in the corporate limits of such cities. To provide how such funds shall be collected, deposited and managed for the members of such fire departments now in active service and whose names are on the pay roll of such departments and for future members. To create a board of trustees and provide for their selection and election, to manage, deposit, disburse upon order and invest said funds which shall be raised by the one (1) per centum tax on the salaries of members now in active service and future members, and one-fifth (1-5) of the premium tax
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on fire and lightning insurance taxes. To provide that this Act shall not repeal nor in any wise affect any benefit or pension now being paid to those who were receiving the same prior to the passage of this Act; and that this Act shall not apply to those receiving pensions or benefits prior to the passage of this Act. To provide that such board of trustees shall make all necessary rules for carrying out the terms of this Act. To provide that in case there shall at any time be on hand less funds than are needed, the actual funds shall be prorated among the beneficiaries. To provide that none of the funds mentioned shall be subject to attachment, garnishment, judgment; nor shall they be assignable; but shall be paid in cash to the beneficiary if so requested by him or her. To provide that if any part of this Act shall be held unconstitutional, the remainder of this Act shall remain in force taken in connection with existing laws. To provide that this Act shall not affect nor be affected by any workmen's compensation act or other similar laws. To repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act there shall be raised and established funds for the aid, relief and pension of members of paid fire departments who are in active service at the time of the passage of this Act and whose names are on the pay roll of such departments and future members of such departments, and their dependents in all cities in Georgia having a population of more than one hundred and fifty thousand (150,000) by the United States census of 1920 or any subsequent census of the United States. Act applies to cities of 150,000 population. Funds for relief and pensions. Sec. 2. Be it further enacted that any member of such fire department who is in active service at the time of the passage of this Act and whose name is on the pay roll, and future members, may as a matter of right, retire from active service, provided he shall have served twenty-five (25) years in active service at the time of his retirement. Firemen may retire after 25 years' service. Sec. 3. Be it further enacted that any member of such department who is in active service at the time of the passage of
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this Act and whose name is on the pay roll and future members who shall be injured or whose health shall become permanently impaired to such an extent as to render him totally disabled as a result of such service shall upon application be retired. Should the board of trustees refuse to grant an order of retirement, the applicant shall select a physician, the board shall select a physician, and the two physicians so selected shall select a third. These three shall examine the applicant and determine whether he is totally disabled and the decision of a majority of these physicians shall be final on the question. Retirement of disabled members. Sec. 4. When such member shall retire as a matter of right he shall be paid one-half of the salary he was receiving at the time of his retirement, for the rest of his life, to be paid monthly. In case of death of a pensioner his widow and children shall draw his pension as herein provided in case of death of member of such department. Half-pay pension. Sec. 5. When such member shall be retired for total disability he shall be paid one-half of the salary he was receiving at the time of his retirement for the rest of his life, to be paid monthly, but this Act shall not affect the salary of a member in active service, except the tax of one (1) per cent thereon. Sec. 6. Be it further enacted that there is hereby established, to serve without pay, a board of trustees whose duties it shall be to manage said funds which shall be kept by the City Treasurer of such cities as a separate fund and covered by his bond as such. The board of trustees shall consist of the city treasurer, the city comptroller, the chief of the fire department and two members of the fire department to be elected by the members of said department in active service on the first Monday in September every year after the passage of this Act. These two members of the department to serve one year and until their successors are elected. The city comptroller, city treasurer and chief of the fire department to be permanent members of the board. Board of Trustees to manage funds. Sec. 7. This board shall make all rules for the payment of said funds to those entitled to receive the same. It shall have its first meeting on Wednesday following the first Tuesday
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in September after the passage of this Act and organize by electing a chairman, a vice-chairman who shall serve when the chairman is absent, and a secretary. The chairman shall sign all vouchers for the disbursements of the fund and his written order shall fully protect the city treasurer in the payment of the same. A majority of the board shall control on all questions. Rules by Board. Organization. Chairman to sign vouchers. Sec. 8. The board shall make its own rules as to times and places of meetings. Meetings. Sec. 9. A tax of one (1) per centum shall be levied on the salaries of all members in active service at the time of the passage of this Act monthly; and the city treasurer shall retain that amount from their salaries. Tax of 1% on salaries. Sec. 10. A tax of one and one-fourth (1) per centum shall be levied against the premiums of all fire and lightning insurance companies or associations on property situated within the corporate limits of such cities, and returns by said companies or associations made and tax collected as now provided by ordinance in such cities, to be collected from and after passage of this Act. One-fifth (1-5) of the tax provided in this section shall go to aid, relief, and pension funds provided in this Act. Tax on premiums of fire and lightning insurance companies: 1-5 of tax to go to relief and pension funds. Sec. 11. The city treasurer shall keep separate and apart from other monies in his possession the funds raised in Sections 9 and 10 hereof for the sole uses mentioned in this Act, and subject to the orders of said board of trustees. Separation of funds. Sec. 12. The said city tax on insurance premiums on property situated in the corporate limits of such cities shall be and is hereby limited to one and one-fourth (1) per centum. Limit of tax on premiums. Sec. 13. The board of trustees shall formulate rules for taking care of members in active service at the time of the passage of this Act while temporarily sick or hurt, and paying the expense thereof. The board of trustees shall formulate rules for paying the pension of a member of the department who loses his life in the service to his widow till she dies or remarries; and for paying to widow and children pension of deceased pensioner; and for paying the pension of such deceased fireman to
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his orphan children till they reach the age of sixteen; provided the total payments to widow and orphan or orphans shall not exceed one-half the pay of such deceased fireman. The trustees shall keep a strict account of the disbursements and receipts of all funds which shall be open at all times to public inspection. Care of sick or hurt members. Pension for widow and children. Sec. 14. In case a member has served twenty-five years does not desire to retire, and the board of trustees deem such member incapable of further service in the department; the same proceeding shall be had as that to determine the condition of a disabled fireman as set forth in Section three (3) hereof. The decision shall be final. Involuntary retirement of member. Sec. 15. The city attorney shall without extra compensation render such legal service as such board of trustees shall require. City Attorney's service. Sec. 16. In case there should accumulate more funds than should be needed for immediate use, the board of trustees are empowered to invest such excess funds in United States, Georgia, or municipal bonds; but not otherwise. Investment of excess funds. Sec. 17. Be it further enacted that none of the funds herein mentioned shall be subject to attachment, garnishment, judgment; nor shall they be assignable; but shall be paid in cash to the beneficiary if so requested by him or her. Exemption from garnishment, etc. Sec. 18. Be it further enacted that if any part of this Act shall be held unconstitutional, the remainder of this Act shall be of full force and effect provided the general terms of this Act can still be carried out. Invalidity of part of Act, not invalidate whole. Sec. 19. Be it further enacted that this Act shall not repeal nor in any wise affect any benefit or pension now being paid to those who were receiving the same prior to the passage of this Act. Pensions now being paid, not affected. Sec. 20. Be it further enacted that the plan and purpose of this Act is to furnish aid, relief and pension to aged and disabled firemen who are now or may be in the future in the active service of such departments and on the pay roll of such
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departments and to their dependents. That the taxation herein provided is a part of the general purpose of this Act to accomplish this end. Purpose of this Act. Sec. 21. Provided this Act shall not affect or be affected by any workman's compensation law, or other similar laws. Other laws not affected. Sec. 22. Be it further enacted that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved August 13, 1924. RAILROAD EQUIPMENT; AUTOMATIC DOOR TO FIRE-BOX OF LOCOMOTIVE REQUIRED. No. 483. An Act to require all steam railroad companies operating steam locomotive engines on its railroad or railroads in or through this State to provide and equip each and every steam locomotive so operated over its said road or roads in this State with an automatic door to the fire-box of such locomotive engine; to provide how the same shall be constructed and operated; to provide a penalty for steam railroad who fails to provide and maintain in good condition such automatic fire-box doors, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all steam railroad companies operating steam locomotive engines on its railroad or railroads in or through this State shall provide and equip each and every steam locomotive engine so operated over its said road or roads in this State with an automatic door to the fire-box of such locomotive engine. Such automatic door shall be so constructed and operated by steam, compressed air or electricity, as deemed best and most efficient by officer of such railroad. The device for operating such door shall be so constructed that it may be operated by the fireman of said engine by means of a push button or other appliance located on the floor of the engine
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deck or floor of the tender at a suitable distance from such floor to enable the fireman while firing such engine by pressure with his feet to operate such door for firing of such engine. Fire-box door, how constructed and operated. Sec. 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That each and every steam railroad company failing to provide and maintain in good condition and working order an automatic fire-box door as in the first section of this Act required and provided for; shall be guilty of a misdemeanor and shall be liable to a fine of not less than one hundred dollars nor more than five hundred dollars for each and every day such locomotive is operated in this State without such automatic door; Provided, however, that the provisions of this Act shall not apply to locomotive engines weighing less than 125,000 pounds on the driver or less than 21 inch cylinder, or logging or tram roads or mechanically by fired engines. Penalty. Engines to which not applicable. Sec. 3. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That this Act shall be in force from and after the first day of January, 1925. Effective January 1, 1925. Sec. 4. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1924. SCHOOL OF TECHNOLOGY; INVESTMENT OF JULIUS L. BROWN FUND. No. 461. An Act authorizing the Governing Board of Trustees of the Georgia School of Technology to invest certain funds received thru the will of Honorable Julius L. Brown for the construction of a Faculty Apartment House, and providing that the revenue from said Faculty Apartment House shall be used for the maintenance and support, so far as adequate, of the professorships and departments of electricity
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and chemistry, in accordance with the terms of said will, and to prescribe what shall be done with the said building in case the income should be less than five per cent, and for other purposes. Whereas the Honorable Julius L. Brown bequeathed two-thirds of his estate to the Georgia School of Technology for the founding and maintenance of the Departments of Electricity and Chemistry and professorships in these subjects; and Preamble. Whereas, funds will become available in part for the purposes named in the years 1924-25; and Whereas, it appears that the needs of this institution require a Faculty Apartment House, for which there are no State funds available at present, and further that the rents from such a building would be equal or superior to any other disposition of the funds provided by the testator, in addition to the undoubted safety of such investment; Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be legal for the Governing Board of Trustees of the said School of Technology to invest any portion of the funds that may be available from the Julius L. Brown estate, not over $85,000.00, in the purchase of a site and the building of an apartment house on or near the campus, to be rented to the members of the faculty or student body, or others connected with the Georgia School of Technology. The proceeds derived from such rental are to be applied to the support and maintenance of the professorship departments of chemistry and electricity, as provided by the will of the Honorable Julius L. Brown, under date of July 23, 1907. Investment in Apartment House, to be rented to faculty or students. Income, how applied. Sec. 2. Be it further enacted by the authority aforesaid, That in case the income realized from the rentals of said Faculty Apartment House shall be less than five per cent. on the amount invested in said building, then and in that event it shall be the duty of said Governing Board of Trustees to dispose of said Faculty Apartment House, or use it in any other
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way said board may see fit, and shall invest from other funds of said institution an amount equal to the expense incurred in building said Faculty Apartment House in bonds or other securities issued by the State or its municipalities, and use the interest in accordance with the will aforesaid. And the good faith of the institution shall be pledged to secure the carrying out of the conditions herein contained. Sale or other use of house, and reinvestment. Sec. 3. 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 13, 1924. SCHOOLS; AID FOR CONSOLIDATED SCHOOLS; FROM POLL TAX. No. 501. An Act to amend Section 1 of an Act entitled An Act to aid in the establishment and maintenance of one or more consolidated public schools in each county of the State; to fix the standards of the same, and for other purposes; approved August 18, 1919 (Acts 1919, page 287), as amended by the Act of 1922, approved August 21, 1922 (Acts 1922, Page 151), so as to provide that the fund for the support and maintenance of consolidated public schools shall be paid from the poll-tax fund, and for other purposes. The General Assembly of Georgia enacts the following: Section 1. Section 1 of an Act entitled An Act to aid in the establishment and maintenance of one or more consolidated public schools in each county of the State; to fix the standards for the same, and for other purposes, approved August 18, 1919 (Acts 1919, Pages 287), as amended by the Act of 1922, approved August 21, 1922 (Acts 1922, Page 151), hereby amended so as to read as follows: Acts amended. Beginning with the year 1924 the State Superintendent of Schools shall set aside two hundred thousand dollars ($200,000.00), or so much thereof as may be necessary, from poll-tax
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collected and paid into the treasury to aid in the establishment and maintenance of consolidated schools in every county of the State. Where the county authorities by combining smaller schools in whole or in part into a consolidated school with at least four teachers, and where evidence of this fact is furnished by the County Superintendent and Board of Education the State Superintendent of Schools shall be authorized to transmit five hundred dollars ($500.00) annually towards the support of this school. If in addition the local school authorities provide for a standard four-year high school, one thousand dollars ($1,000.00) in addition shall be given from the fund before mentioned, which shall be used to aid the local authorities in payment of the salaries of the principal and at least one assistant high-school teacher. To read. Fund of $200,000.00 from poll-tax. Sec. 2. All laws in conflict with this Act are hereby repealed. Approved August 18, 1924. SOUTH GEORGIA AGRICULTURAL AND MECHANICAL COLLEGE ESTABLISHED. No. 480. An Act to establish a College of Agriculture and Mechanic Arts, as a branch of the University of Georgia, to be known as the South Georgia Agricultural and Mechanical College, to define its purposes, powers and privileges, to provide for its location, to provide for the transfer of the property of the Second District Agricultural and Mechanical School to the Trustees of the University of Georgia for the use and benefit of said college, to provide a board of trustees for said college, to prescribe their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That there shall be established in connection with the University of Georgia, and forming one of the branches or departments thereof, a college of agriculture and mechanic
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arts, to be known as the South Georgia Agricultural and Mechanical College, to be located on the tract of land on which the Second District Agricultural and Mechanical School is now located, near the City of Tifton, in the County of Tift. College to be branch of State University. Name. Location near Tifton. Sec. 2. Be it further enacted, That the local board of trustees of said South Georgia Agricultural and Mechanical College shall be composed of nine members, three of whom shall be appointed by the chairman of the board of trustees of the University of Georgia from among the members of the Board of Trustees of the University of Georgia. The other six members of said local board of trustees shall be appointed by the Governor of this State. Three shall be citizens of the County of Tift, and three shall be citizens of this State residing outside of the County of Tift. At the first appointment of such trustees two shall be appointed by the Governor for a term of two years, two for a term of four years, and two for a term of six years, but all subsequent appointments shall be for a full term of six years, except in case of a vacancy by reason of death, resignation, or otherwise, when the Governor shall fill such vacancy by appointment for the unexpired term. The members of the board of trustees of the Second District Agricultural and Mechanical School in office at the time of the passage and approval of this Act shall also be members of the board of trustees of the South Georgia Agricultural and Mechanical College hereby created and established, until the expiration of their respective terms of office. When the terms of office of all of said District School trustees shall expire the members of the board of trustees of said college shall be nine in number as hereinbefore provided. But nothing in the provisions of this Act shall deprive the Governor of the right to appoint any member of the board of trustees of said school a member of the board of trustees of said South Georgia Agricultural and Mechanical College under the provisions of this Act prior to the expiration of the term of office of such person as a trustee of the said Second District Agricultural and Mechanical School. Trustees, how appointed. Terms.
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Sec. 3. Be it further enacted, That whenever it is made to appear to the Governor that any member of the board of trustees of said college has failed to attend two successive meetings of said board of trustees without rendering an excuse in writing which is satisfactory and accepted by the board, it shall be the duty of the Governor to declare his place vacant, and to fill the same in the manner hereinbefore provided for filling vacancies. Vacancies from non-attendance. Sec. 4. Be it further enacted, That the members of the board of trustees of said college shall serve without pay, except that their actual expenses while away from their places of residence attending on the meetings of the board shall be paid out of any fund in the treasury of said college available for such purpose. No pay for Trustees, except expenses. Sec. 5. Be it further enacted, That five members of said board of trustees shall constitute a quorum for the transaction of business. Said board shall have power to select one of their members as chairman, and also to select a secretary and such other officers as may be necessary. The chairman of said local board shall be ex officio a member of the board of trustees of the University of Georgia. Quorum of board. Sec. 6. Be it further enacted, That said local board of trustees shall elect a president, vice-president, secretary, treasurer, and faculty, and such other officers as may be necessary in and for said college, and establish such departments, courses of study and curriculum as they may think proper for the successful operation of the South Georgia Agricultural and Mechanical College, and shall have authority to grant certificates and diplomas, and to exercise all the rights, powers and privileges necessary or proper in the discharge of their duties; and they shall have power to fix the salaries of all officers and members of the faculty and to fix all tuition and other fees, and to prescribe all necessary rules and regulations for the government of said board, and for the government of the officers, members of the faculty, students and employees of said South Georgia Agricultural and Mechanical College as said board may deem desirable, subject, however, to the control of the trustees of the University of Georgia. Officers of board. Powers. Salaries. Tuition.
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Sec. 7. Be it further enacted, That the Chancellor of the University of Georgia, shall have supervision of the said South Georgia Agricultural and Mechanical College, and of its management and operation as a department of the University of Georgia. All diplomas and certificates issued by said college shall be countersigned by the said chancellor, who shall cause a record of same to be kept in his office at Athens. Supervision by Chancelor of University. Diplomas. Sec. 8. Be it further enacted, That tuition in the said South Georgia Agricultural and Mechanical College shall be free to all residents of this State. The trustees may limit the number of students from time to time, according to the capacity and means of the institution, and shall make such rules of admission to equalize, as far as possible, the privileges of said college among the counties according to population. Tuition free for residents of this State. Limit of attendance. Sec. 9. Be it further enacted, That all non-residents of the State of Georgia shall pay such tuition as students as the board of trustees of said college may think fit to prescribe, and no non-resident students shall be admitted to said college to the exclusion of students who are citizens of this State. Tuition for non-residents. Sec. 10. Be it further enacted, That the courses of study in said South Georgia Agricultural and Mechanical College shall consist of practical treatises or lectures on agriculture in all its branches and on the mechanic arts, and in the practicable application of the principles of the science of agriculture, and of the mechanic arts by manual training, and by work on the college farm, and in the college workshop, and such other studies as are usual or proper in a college of agriculture and mechanic arts. In the study of agriculture in said college special emphasis shall be placed on stock raising, dairying, and the production of beef, pork and poultry, and also upon farm management, farm economics and farm marketing. Courses of study. Sec. 11. Be it further enacted, That the board of trustees of said college shall cause to be maintained as a preparatory department of said college the present course of study and general organization of the Second District Agricultural and
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Mechanical School, so far as it is practicable to do so, in the promotion of the general aims of the college. The faculty and students of said preparatory school shall be a part of the faculty and students of such South Georgia Agricultural and Mechanical College and under the management and control of the board of trustees of such college and subject to such rules and regulations as may be prescribed by said board, subject, however, to the control of the board of trustees of the University of Georgia. Preparatory Department. Sec. 12. Be it further enacted, That all work on, in and about said college, or on the farm, or in the barns and shops connected with said College, whether it be farming, building, care of the stock, or work of whatever kind, shall be, as far as practicable, performed exclusively by the students of said college under such regulations for the proper division and alternation in such work as may be provided by the trustees. The president of said college shall keep an account of all receipts from the sale of the products of the farm and shops which are not consumed in said college each year and the trustees shall set aside such portion thereof as they may deem advisable, as a fund to pay the students for labor they have performed. Farm and shop work. Accounts of sale of products. Fund to pay students fo work. Sec. 13. Be it further enacted, That the board of trustees of the Second District Agricultural School (also described in the Act creating such school as an industrial and agricultural school and as a school of agriculture and mechanic arts for the Second Congressional District, and more commonly known as the Second District Agricultural and Mechanical School) be and they are hereby authorized and directed to transfer and convey to the trustees of the University of Georgia the title to the three hundred and fifteen acre tract of land in Tift County, Georgia, on which said school is located, for the use and benefit of the said South Georgia Agricultural and Mechanical College, by a good and sufficient deed, and the trustees of the University of Georgia are hereby authorized to accept the title to said property and to take the possession thereof, and to hold the same for the use and benefit of said
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South Georgia Agricultural and Mechanical College, as a branch and department of the University of Georgia, and also from time to time to receive, accept and hold such donations, gifts, contributions, legacies, and devises of any and all kinds of property which may be given, devised or contributed to the said South Georgia Agricultural and Mechanical College or for the benefit, use or maintenance of said college, and to hold the same for the uses and purposes for which donated, devised or contributed. Site of Second District Agricultural School to be used for college; Transfer of title. Donations, how received and held. Sec. 14. Be it further enacted, That the curriculum of the South Georgia Agricultural and Mechanical College shall be so co-ordinated with the curriculum of the State College of Agriculture at Athens as to provide for the entrance of the students and graduates of such college into the classes of such State College of Agriculture without examination. Curriculum. Sec. 15. Be it further enacted, That the South Georgia Agricultural and Mechanical College shall work in co-operation with the State Department of Agriculture, and the board of trustees of such college shall'arrange with the State Commissioner of Agriculture for lectures to be delivered to the students of such college by the State Veterinarian, the State Entomologist, and other experts of such Department on subjects in the special lines of work for the protection and benefit of agriculture being done by such specialists. Co-operation with State Department of Agriculture. Sec. 16. Be it further enacted, That there shall be close co-operation between the South Georgia Agricultural and Mechanical College and the Georgia Coastal Plain Experiment Station, and the board of trustees of said college and the Director of said Experiment Station shall each year arrange a course of lectures to be delivered to the students of said college by the experts in charge of the special lines of investigation and experiment at said station, the purpose being to give the students of such college the benefits to be derived from the experiments made at said station in as full and practicable a manner as possible. Co-operation with Coastal Plain Experiment Station. Sec. 17. Be it further enacted, That a meeting of the board of trustees of the South Georgia Agricultural and Mechanical
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College shall be called by the Governor at a time to be fixed by him, to be held on the site of the Second District Agricultural School for the purpose of organization, and said board of trustees shall constitute a local board of trustees for the said South Georgia Agricultural and Mechanical College, with all necessary powers, for the immediate control, supervision and management of the said South Georgia Agricultural and Mechanical College, subject, however, to the control of the Board of Trustees of the University of Georgia. Organization meeting. Sec. 18. Be it further enacted, That so much of the sum of fifteen thousand dollars appropriated to the Trustees of the University of Georgia for the support and maintenance of the Second District Agricultural and Mechanical School for the year 1924 as has not been previously paid to said District School, and also the sum of fifteen thousand dollars appropriated to the Trustees of the University of Georgia for the support and maintenance of said Second District Agricultural and Mechanical School for the year 1925, be and the same is hereby made available for the support and maintenance of said South Georgia Agricultural and Mechanical College for the year 1925, respectively, and the Governor is hereby authorized and requested to draw his warrants for the same to the Trustees of the University of Georgia for such purpose, and the State Treasurer is hereby authorized and directed to pay said sums to the Trustees of the University of Georgia for the support and maintenance of said college for said years. Appropriations. Sec. 19. Be 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, 1924. TAX DIGESTS FOR SPECIAL TAXES; LICENSES; DUTIES AND PAY OF TAX-COLLECTOR. No. 484. An Act to require the preparation in the several counties of this State by the Tax Collectors thereof digests covering all special or occupation taxes; to provide compensation
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for such services, to provide for the printing of digests, cashbooks, receipt license books, etc., covering special or occupation taxes, etc., by the Commissioner of Revenue, at the expense of the State; to provide how said tax digests, cash-books, receipt license books, shall be kept by tax-collectors; to require all individuals, firms, partnerships, corporations subject to special or occupation taxes to post their State license in a conspicuous place in their places of business, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That after January 1, 1925, it shall be the duty of the several tax-collectors of this State, in addition to their other duties, to make out and prepare two digests, said digest to be known as special tax digests, in writing and figures, plainly, legally and neatly covering all special or occupation taxes of every character, either due or paid by each individual firm, partnership or corporation. Two special-tax digests required. Sec. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of the Commissioner of Revenue of the State of Georgia to have printed, at the expense of the State, special tax digests to be used by said tax-collectors in reports of individuals, firms, partnerships, and corporations subject to special and occupation taxes; and also cash-books, receipt license books with stubs, for the use of the said tax-collectors, and it shall be the duty of every individual, firm, partnership, or corporation who may be subject to special or occupation taxes to post their State license in a conspicuous place in their place of business, and to keep it there at all times during the life of such license. Revenue Commissioner to supply digests, cash-books. Licenses to be posted. Sec. 3. Be it further enacted by the authority aforesaid, That the said tax-collectors, for the services rendered in the preparation of special or occupation tax digest, shall be entitled to a remuneration of ten cents for the name of each individual, firm, or corporation subject to pay a special or occupation tax under the laws of Georgia, in their respective counties entered on said digests. Pay of tax-collectors for preparing digests.
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Sec. 4. Be it further enacted by the authority aforesaid, That it shall be duty of the several tax-collectors to open their said digests for the entry or return of special or occupation taxes on the first day of January of each year, and to receive special or occupation taxes, or the returns thereof within the time and in the manner prescribed by law; to embrace in his said digest to the Commissioner of Revenue, and in the permanent records of his office, respectively, a list of all defaulters, and the amount of their true taxes; and to perform all other duties required by law, and which necessarily, under the law appertains to his office. Digests opened January 1. List of defaulters. Sec. 5. Be it further enacted by the authority aforesaid, that it shall be the duty of the several tax-collectors of this State to complete in a plain, neat and legible manner the digests of special or occupation taxes, not later than March 1st of each year, sending one copy of same immediately to the Commissioner of Revenue, and retaining in his own office as a permanent research of same, the other copy. Completion of digests, March 1. Copy for Commissioner. Sec. 6. Be it further enacted by the authority aforesaid, that it shall be the duty of the several tax-collectors of this State, after the completion of the aforesaid digest in duplicate on March 1st of each year, to continue to enter in their digests names of all who then or may later owe the State special or occupation taxes and all tax-collectors are required to send a duplicate list of all names so entered to the Commissioner of Revenue weekly, in writing, that the returns of said taxes may be entered on the digest in the office of the Commissioner of Revenue, so that the tax record of the State may be kept up-to-date. Subsequent lists. Duplicates for Commissioner. Sec. 7. Be it further enacted by the authority aforesaid, that it shall be the duty of the several tax-collectors of this State to remit to the Commissioner of Revenue, on the first day of each month, of all special or occupation taxes which are delinquent, after deducting their commission of 10% as now allowed by law, plus ten cents per name for each individual firm, partnership, or corporation whose name they have entered on digest kept in their offices for that purpose, plus
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all penalties collected on delinquent taxes, to the Commissioner of Revenue after deducting ten per cent. of penalties collected by tax-collectors as their commission. Remittances to Commissioner. Sec. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of the several tax-collectors of this State to keep in their respective offices, as a permanent record one copy of the aforesaid tax digest, and all cash-books, receipt license books, showing stub for every license issued. All the above-described books shall be subject to the inspection and examination of the Commissioner of Revenue, or his deputies, at any reasonable time, and for the benefit of the public. Records of Tax-Collector. Sec. 9. 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, 1924. VOTING BY MAIL. No. 517. An Act to enable voters required by their duties to be absent from their voting places on the day of election, to vote by registered mail. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That any voter, only when required by his regular business and habitual duties to be absent from the city or county, ward or district in which he is registered, may vote, provided: Section 2. He shall give notice in writing of such intention, to the Registrars of his county, not less than thirty days nor more than sixty days prior to the primary or general election in which he desires to participate. Time of voter's notice to Registrars. Sec. 3. Letter of application for ballot shall be forwarded by registered mail, and shall enclose postage, or the correct amount in legal tender, necessary for the return of blank ballot and full instructions for proper return. Application for ballot.
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Sec. 4. Upon receipt of the registered letter, forwarded by the registrars, as is hereinafter provided, the applicant shall not open the sealed envelope marked ballot within except it be in the presence of the postmaster or his assistant, and shall then and there mark and refold the ballot without assistance and without making known the manner of marking the same. He shall then and there place the ballot within the envelope in the presence of the postmaster or his assistant, who shall witness the same in writing, as hereinafter provided, or in case of their refusal to witness the same it may be witnessed by any person qualified under the laws of this State to take acknowledgements of deeds. The envelope with the coupon hereinafter provided, shall be enclosed within the envelope directed to the registrars, and the registration of same shall be the same date as the coupon enclosed. Envelope with blank ballot to be opened by applicant in presence of postmaster or assistant; secret marking; how witnessed and returned. Sec. 5. An elector receiving his ballot under the provision of Section....., shall conform to all the requirements of Section four, except that he shall sign and seal ballot in the presence of the American consul or his assistant, if the letter was directed to the consulate as provided in Section....., preserving all the secrecy of the ballot, as provided in Section four, and it shall be forwarded by the consulate within two days after receipt of same. In the army and navy the commanding officer or a commissioned officer duly delegated by him shall witness and register the return envelope by first mail leaving said command or ship, provided all the requirements of Section three have been complied with. Signing in presence of consul, or officer of army or navy. Sec. 6. The registrar, upon receipt of the application for ballot, shall satisfy himself that the applicant is duly qualified to vote in the county for which said application is made, and shall enroll the name and address of the applicant, if found eligible, in a book to be provided for the purpose, and make out the certificate and coupon attached, hereinafter provided, and forward same to the applicant by registered mail, general delivery (cost of same having been forwarded as hereinbefore provided), and also shall enclose in said letter: Registrar's duty on receving application. Certificate and coupon. a. An envelope containing the folded ballot, sealed and marked ballot within. Sending ballot, etc., to applicant.
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b. An envelope, for re-sealing the marked ballot, form of which is hereinafter provided, and therein called voucher. c. A properly addressed envelope for the return of said ballot. d. A printed slip, giving full instructions regarding the manner of marking of the ballot, in order that the same may be counted, how prepared and how returned, which printed slip shall be provided by the ordinary or executive committee. Sec. 7. The certificate of registration shall be printed, worded as follows: Sec. 8. The applicant shall not open the sealed envelope marked ballot within except in the presence of the postmaster or his assistant, who is to register the same in return. The voter shall mark and refold the ballot without assistance and shall not disclose the manner in which it has been marked, shall seal and sign the voucher, the postmaster or assistant, signing as witnesses to said voucher. Opening envelope from registrar, etc. Secrecy. The postmaster, or assistant, shall fill out the following blank, detach the coupon from the certificate, and place it within the return envelope containing the sealed ballot: Postmaster's blank, how filled.
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In the army and navy a commissioned officer, commanding officer, or commissioned representative, shall sign the foregoing in lieu of postmaster. In territory without the jurisdiction of the United States the consular officer shall sign the certificate. Signing in army or navy, or out of U. S. Sec. 9. The voucher shall be on the back of the return envelope containing the marked ballot, and shall be as follows: Sec. 10. It shall be the duty of the Ordinary of each county, at the expense of said county, to furnish the Registrars of said
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county with a sufficient number of blank ballots, each properlv sealed in an enveloped marked ballot within, and take their receipt for same. Within five days subsequent to the election the registrars shall return to the Ordinary all unused ballots in their original sealed envelopes and a list of the voters who have been furnished ballots as provided in this Act. Ordinary to furnish blank ballots, etc., to registrars. Unused ballots. In all primary elections, it shall be the duty of the county or city executive committee, or other party authority of the political party holding the primary election, to provide official ballots for all such elections; with the names of the candidates who have properly qualified, in accordance with the rules of such party, printed thereon. All ballots furnished by the Ordinary to the Registrars under the provisions of this Act shall be printed and prepared in pads with a series number different from that used in the election for voters who vote in person, and with the following words written thereon at top of said pad or pads: Absent Voter's Ballot, and each ballot shall be arranged so as to show the same series letter, and each ballot numbered consecutively, and with a stub for each ballot containing the series letter and number of ballot, which can be detached from the ballot, conforming thereto, and the ballot shall show the same series letter and number as appears on the stub. Ballots for primary elections. Form of ballots and stubs. Sec. 11. Upon the receipt of the return ballot from the voter, the Registrars shall, opposite the name of the voter in the book heretofore mentioned, write in ink the words: Deposited in sealed box by me on..... 19....., and then add his own signature, and shall deposit the envelope containing the ballot, unopened, in the sealed box to be provided for this purpose, and there it shall remain until the day of the election. The coupons enclosed with the return ballots shall be filed with the letter of application. The return envelope shall show the series letter and number of the ballot deposited therein. Deposit of returned ballot; entry by registrar, etc.
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Sec. 12. On the day of the election the Registrars shall deliver the box containing the sealed ballots, together with the letters of application and return coupons attached, with a list of the same in triplicate, sealed, to the managers of the election, at the ward or district in which the ballots are to be cast, and shall take receipt for said box and sealed papers. The registrars shall also deliver to the managers the pad or pads with stubs showing series letter and numbers of ballots furnished, and no ballot shall be counted unless the series letter and number on the stub shall correspond with the series letter and number on the ballot contained in the envelope returned by the absent voter. Delivery of box with ballots, etc., to election managers. Sec. 13. At the close of the regular balloting the box is to be opened by the managers of the election, and the ballots deposited in regular ballot box, as follows: As each envelope is removed from the box, the name of the voter is called and checked as if the voter were voting in person. If found entitled to cast his vote, the envelope is then, but not until then, opened, and the ballot deposited in the regular box without examining or unfolding it. Opening box; ballots to be deposited in regular ballot box without examination. Sec. 14. When all the ballots have been accounted for and either voted or rejected, the empty envelopes that previously contained the sealed ballots are to be returned to the original box together with the sealed package of letters of applications and coupons and the rejected envelopes, if any, on which, or attached, shall be plainly written the cause of rejection, signed by a majority of the managers of election. The box shall thereupon be re-sealed and not opened within ninety days except by order of court. Return of envelopes, etc., to original box. Rejected envelopes. Box sealed 90 days. Sec. 15. Any person attempting to aid or abet fraud in connection with any vote cast, or to be cast, or attempted to be cast, under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction be punished as prescribed in Section 1065 of the Penal Code of 1910. Penalty for fraud. Any person attempting to vote by fraudulently signing the name of a regularly qualified voter shall be guilty of misdemeanor, and upon conviction punished as prescribed in Section 1065 of the Penal Code of 1910. Attempt to vote by signing name of another: penalty.
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Any public official who knowingly violates any of the provisions of this Act and thereby aids in any way the illegal casting or attempting to cast a vote, or who shall connive to nullify any provisions of this Act, shall be guilty of a misdemeanor, and upon conviction punished as prescribed in Section 1065 of the Penal Code of 1910. Penalty on official. Sec. 16. The election laws of Georgia shall be liberally construed with respect to this Act, so that full force and effect may be given its provisions. Liberal construction. Sec. 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 18, 1924. ARSON, AND ATTEMPT TO COMMIT ARSON; OFFENSE DEFINED. No. 309. An Act to define the crime of arson and attempt to commit arson, and to prescribe the 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 any person who wilfully or maliciously, or with intent to defraud, sets fire to, or burns, or causes to be burned, or who aids, counsels, or procures the burning of any dwelling house, or any kitchen, shop, barn, stable, or other outhouse that is parcel thereof, or belonging to or adjoining thereto, the property himself or of another, shall be guilty of arson, and upon conviction thereof be sentenced to the penitentiary for not less than two nor more than twenty years; Provided, the arson shall not produce the death or maiming of any person. But if the arson shall produce the death or maiming of any person, the punishment shall be death, in conformity with the provisions of Section 63 of the Code of the State of Georgia. Arson of dwelling or outhouse. Cf. Pen. Code, 133 et seq. Punishment.
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Sec. 2. Be it further enacted, that any person who wilfully or maliciously, or with intent to defraud, sets fire to or burns or causes to be burned, or who aids, counsels, or procures the burning of any barn, stable, or other building, the property of himself or of another, not a parcel of a dwelling house, or any shop, storehouse, warehouse, factory, mill, or other building, the property of himself or of another, or any church, meeting-house, court-house, work house, school, jail, or other public building, or any public bridge, shall, upon conviction thereof, be sentenced to the penitentiary for not less than one nor more than ten years; Provided the arson shall not produce the death or maiming of any person. But if the arson shall produce the death or maiming of any person, the punishment shall be death, in conformity with the provisions of Section 63 of the Code of the State of Georgia. Arson of buildings not dwellings. Punishment. Sec. 3. Be it further enacted, that any person who wilfully or maliciously, and with intent to injure or defraud the insurer, sets fire to or burns, or causes to be burned, or who aids, counsels, or procures the burning of any goods, wares, merchandise, or other [Illegible Text] or personal property of any kind, the property of himself or of another, which shall at the time be insured by any person or corporation against loss or damage by fire, shall, upon conviction thereof, be sentenced to the penitentiary for not less than one nor more than five years. Burning goods, etc., to defraud insurer. Punishment. Sec. 4. Be it further enacted, that any person who wilfully or maliciously attempts to set fire to or attempts to burn, or to aid, counsel, or procure the burning of any of the buildings or property mentioned in the foregoing sections, shall, upon conviction thereof, be sentenced to the penitentiary for not less than one nor more than two years. Attempt, punishment for. Sec. 5. Be it further enacted that this law shall take effect immediately upon its passage and approval by the Governor. Effective on approval. Sec. 6. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 1, 1924.
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CHECK, DRAFT, OR ORDER WITHOUT FUNDS TO PAY IT; OFFENSE DEFINED. No. 287. An Act to prohibit the making, drawing, uttering, or delivery of any check, draft or order for the payment of money, upon any bank or other depository, knowing at the time that the maker or drawer has not sufficient funds in or credit with such bank on depository for the payment of such check, draft or order upon its presentation; to prescribe the punishment for so doing, and define what shall constitute prima facie evidence of intent to defraud, to define the word Credit, as used in said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That any person who, with intent to defraud, shall make, or draw, or utter, or deliver, any check, draft, or order for the payment of money upon any bank, or other depository, knowing at the time of such making, drawing, uttering or delivering that the maker or drawer has not sufficient funds in or credit with such bank, or other depository, for the payment of such check, draft or order upon its presentation, shall be guilty of a misdemeanor. The making, drawing, uttering, or delivering of such check, draft, or order as aforesaid shall be prima facie evidence of intent to defaud. Offense defined. See Ga. L. 1919, p. 220. Prima facie evidence of intent. The word Credit as used herein shall be construed to mean an arrangement or understanding with the bank or depository for the payment of such check, draft or order. Meaning of credit. Sec. 2. Be it further enacted, by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 24, 1924.
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DEATH PENALTY; ELECTROCUTION AT PENITENTIARY; DATE OF EXECUTION; HOW CHANGED. No. 475. An Act to provide for the execution of persons sentenced to the punishment of death, by electrocution; and to provide a permanent death chamber and appliances and apparatus necessary for the proper execution of felons by electrocution; and to appropriate monies necessary to defray the expenses thereof; and authorize the trial judge to fix a new date for the execution of the sentence where the same is not executed on the date originally named; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that after the approval of this Act by the Governor, all persons convicted, after the passage of this Act, of a capital crime and have imposed upon them the sentence of death, shall suffer such punishment by electrocution within the walls of the State Penitentiary, at Milledgeville, Georgia, or wherever the State Penitentiary may be located, instead of hanging. Electrocution at Penitentiary substituted for hanging. Sec. 2. Be it further enacted that the Prison Commission of Georgia shall immediately upon the passage of this Act, provide a death chamber, and all necessary apparatus, machinery and appliances for inflicting such penalty by electrocution, and said expenses to be paid by the Treasurer of the State, on vouchers approved by the Governor, out of monies in the Treasury not otherwise appropriated. Death chamber and apparatus. Sec. 3. Be it further enacted that upon the conviction of any person in this State of a crime, the punishment of which is death, it shall be the duty of the presiding judge to sentence such convicted person to death according to the provisions of this Act, and to make such sentence in writing, which shall be filed with the papers in the case against such convicted person, and a certified copy thereof shall be sent by the Clerk of the Court in which said sentence is pronounced to the superintendent of the State Penitentiary, not less than ten days
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prior to the time fixed in the sentence of the court for the execution of the same; and in all cases it shall be the duty of the sheriff of the county in which such convicted person is so sentenced, together with one deputy or more, if in his judgment it is necessary, and provided that in all cases the number of guards shall be approved by the trial judge, or if he is not available, by the ordinary of said county in which such prisoner is sentenced, to convey such convicted person to said penitentiary, not more than twenty days nor less than two days prior to the time fixed in the judgment for the execution of such condemned person, unless otherwise directed by the Governor, or unless a stay of execution has been caused by appeal, or granting of a new trial, or other order of a court of competent jurisdiction, and the expense for transporting of said person to the penitentiary for the purpose of electrocution shall be paid by the ordinary of the county wherein the conviction was had, or the board of commissioners of roads and revenues, the county commissioner, or other person or persons having charge of the county funds, out of any funds on hand in the treasury of such county. Sentence. Copy for Penitentiary Superintendent. Time and mode of conveying prisoner to Penitentiary. Expenses, how paid. Sec. 4. That there shall be present at such execution the Warden of the Penitentiary, who shall serve as executioner, and at least two assistants, two physicians to determine when death supervenes, an electrician, a suitable guard, and if the condemned person so desires, his counsel, relatives, and such clergymen and friends as he may so desire. Execution by Warden and assistants. Witnesses. Sec. 5. Be it further enacted that the executioner and attending physician shall certify the fact of such execution to the Clerk of the Superior Court of the county in which said sentence was pronounced, which certificate shall be filed by the clerk with the papers in the case. Certificate of execution. Sec. 6. The body of the person so executed shall be delivered to the relatives if they so desire, and in case no claim is made by relatives for such body, the same shall be disposed of as bodies of convicts dying in the State Penitentiary; Provided, that if the nearest relative of persons so executed desire that body be carried to former home, if in the State, the expenses
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of such transportation shall be paid by the Ordinary, or the board of commissioners of roads and revenues, county commissioners, or other person or persons having charge of the county funds, out of any funds on hand in the Treasury of the county in which such person was convicted. Disposition of body. Expense of transporting body. Sec. 7. Be it further enacted by the authority aforesaid that where the date for the execution of any such convict in a capital case has passed by reason of a supersedeas incident to the suing out of a bill of exceptions to the judgment of the trial court, or a respite by the Governor, or for any other reason, the judge of the Superior Court of the county where the case was tried shall have power and authority, without requiring the convict to be brought before him by habeas corpus, as provided in Penal Code (1910), par. 1072, to pass and order in term time or vacation, fixing a new date for the execution of the original sentence, said order to be recorded on the minutes of said court as other official orders and sentences are required by law to be done, and a certified copy of said order shall be sent immediately to the Superintendent of the State Penitentiary at the place of execution. The judge shall fix the new date not less than 10 nor more than 20 days from the date of such order. Providing this bill shall not affect any person now under indictment for murder. Change of date for execution. Limit for new date. Proviso as to persons indited before date of Act. Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 16, 1924. HUNTING OR POSSESSING DOVES, SEASON FOR. No. 505. An Act to define the open season for hunting and possessing doves in the State of Georgia, and prescribing a penalty therefor.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That any person who shall hunt, kill or destroy by any means whatsoever, or who is in possession of any dove or doves except between October 16th and January 31st, inclusive, shall be guilty of a misdemeanor and upon conviction, shall be punished as prescribed in Section 12 of an Act approved August 21, 1911, being An Act for the protection of Game Animals and Birds and Fish, Etc., it being the purpose of this Act to make the open season for hunting and possessing doves in the State of Georgia conform to the Federal Law now in effect; provided, however, that this Act shall not become effective until September 1, 1924. Open season October 16-January 31. Effective September 1, 1924. Penalty in Ga. L. 1911, p. 142 ($10 to $100; 5 to 30 days). Sec. 2. Be it further enacted, That the provisions of Section 4 of an Act approved August 21, 1916, being An Act for the protection of Game Animals and Birds and Fish, Etc., in so far as such provisions define the open season for hunting and possessing doves, and all other laws in conflict with this Act be and the same are hereby repealed. Repeal of part of Sec. 4, Act of 1916. Approved August 18, 1924. LIQUOR SEIZURE REPORTS; TIME LIMIT; PENALTY ON OFFICER. No. 455. An Act amending an Act approved March 28, 1917, entitled An Act to amend and supplement the prohibition laws of this State; to make it unlawful to transport, ship or deliver in this State, whether from without or from within this State, any spirituous, vinous, malt or fermented liquors or other intoxicating liquors or beverages except alcohol and wine, under certain restrictions and limitations, and for other purposes, and commonly known as the State prohibition law, by providing a time within which any sheriff or other arresting officer seizing any vehicle or conveyance used in conveying any liquors or beverages prohibited by
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law shall report the same to the solicitor of the court having jurisdiction in the county where the seizure was made; to provide a penalty for the failure of such officer to make said report, 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 20 of the Act known as the Georgia Prohibition law, approved March 28, 1917, as incorporated in Section 448 (oooo) of the Park's 1917 supplement to the Penal Code of Georgia, be amended by inserting in line 20 of said Section 20, after the word same and before the word to, the following words: within ten days after said seizure, and by adding at the end of sub-paragraph b of said Section 20 the following provision: Provided, That should such officer fail or refuse to report such seizure to the proper prosecuting officer within ten days from the date thereof, he shall not be entitled to any of the proceeds of such sale; and any citizen of this State having knowledge of the facts may report said seizure, at the end of said period of ten days, upon the failure of the officer making the seizure to do so to the proper prosecuting officer, whose duty it shall be to proceed as hereinbefore directed, and all the proceeds of said sale, in case of the failure of the officer making the seizure to report the same, to which said officer would otherwise have been entitled, shall inure to the public-school fund of the county in which such seizure was made, so that said Section 20 when amended shall read as follows: Amendments. Report in 10 days by officer seizing Report of citizen. Prosecuting officer's duty. Penalty on officer. Sec. 20. Be it further enacted by the authority aforesaid, That all apparatus or appliances which are used for the purpose of distilling or manufacturing any of the liquors or beverages specified in this Act are hereby declared to be contraband, and no corporation, firm or individual shall have any property right in or to the same, and whenever said apparatus or appliances so used or are about to be used for the purpose of manufacturing, using, holding or containing any of the liquors or beverages specified in this Act are found or discovered by any sheriff, deputy sheriff or other executing officer of this State, the same shall be summarily destroyed and rendered
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useless by him without any formal order of the court. All vehicles and conveyances of every kind and description which are used on any of the public roads or private ways of this State, and all boats and vessels of every kind and description which are used in any of the waters of this State in conveying any liquors or beverages, the sale or possession of which is prohibited by law, shall be seized by any sheriff or other arresting officer, who shall report the same, within ten days after said seizure, to the solicitor of the county, city or superior court having jurisdiction in the county where the seizure was made, whose duty it shall be within ten days from the time he received said notice to institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner or lessee if known, and if the owner or lessee is unknown notice of such proceeding shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. If no defense is filed within thirty days from the filing of the petition, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear upon the trial of the case that said vehicle, conveyance, boat or vessel was so used with the knowledge of the owner or lessee, the same shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from said sale shall be applied as follows: To read. ( a ) To the payment of the expenses in said case, including the expenses incurred in the seizure. ( b ) One-third of the remainder to the officer making the seizure and furnishing the proof; Provided, that should such officer fail or refuse to report such seizure to the proper prosecuting officer within ten days from the date thereof, he shall not be entitled to any of the proceeds of such sale; and any citizen of this State having knowledge of the facts may report said seizure at the end of said period of ten days, upon the failure of the officer making the seizure to do so, to the proper prosecuting officer, whose duty it shall be to proceed as hereinbefore directed, and all the proceeds of said sale, in case of the failure of the officer making the seizure to report the same,
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to which said officer would otherwise have been entitled, shall inure to the public-school fund of the county in which such seizure was made. ( c ) To the payment of the costs of the court, which shall be the same as now allowed by law in cases of forfeiture of recognizance. ( d ) The remainder, if any, shall be paid into the treasury and become the property of the county. Compare with Act amended. 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 13, 1924. QUAIL PROTECTION IN COUNTIES OF CERTAIN POPULATION; REPEAL OF ACT. No. 466. An Act to repeal an Act entitled 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 thereof and for other purposes, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that an Act approved August 20, 1923, the title of which is set forth above, and the enacting portion of which reads as follows: 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
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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, be and the same is hereby repealed. Act repealed: Ga. L. 1923, p. 133 (applies to county of from 23,369 to 23,371 population). Sec. 2. Be it enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924. TIPS, REPEAL OF LAW PROHIBITING. No. 498. An Act to repeal an Act approved August 18, 1918, entitled An Act to prohibit employes or servants of hotels, restaurants, barber shops or other public places, or of persons, firms or corporations, from soliciting or receiving gratuities or tips from guests or patrons of the above-mentioned employers, and to prohibit employers from permitting such gratuities or tips to be received by their employees or servants, and to provide a punishment therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act approved August 18, 1918 (Acts 1918, page 273 and 274), entitled An Act to prohibit employees or servants of hotels, restaurants, barber shops or other public places, or of persons, firms or corporations, from soliciting or receiving gratuities or tips from guests or patrons of the above-mentioned employers, and to prohibit employers from permitting such gratuities or `tips' to be received by their employes or servants, and to provide a punishment therefor, be and the same is hereby repealed. Act repealed: Ga. L. 1918, p. 273. Approved August 18, 1924.
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PART II.LOCAL AND SPECIAL LAWS TITLE I.CITY AND MUNICIPAL COURTS. TITLE II.SOLICITORS-GENERAL. TITLE III.COUNTIES AND COUNTY MATTERS.
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TITLE I. City and Municipal Courts. ACTS. Alma City Court, Election to Establish. Atlanta Criminal Court Judge's Salary, $10,000.00. Atlanta Criminal Court; Salaries for Solicitor, Deputy, etc. Atlanta Criminal Court, Superior Court Judges authorized to preside in. Atlanta Municipal Court; Pleadings in, to conform to those in Superior Court, when. Bainbridge City Court, Costs of Officers of, and Justices, in misdemeanor cases, how paid. Baxley City Court Sessions. Camilla City Court Solicitor's Salary. Carrollton City Court Judge's Salary, Election to Increase. Cleveland City Court; Fees of Clerk and Sheriff; Terms; Transfer of Misdemean or Cases. Cleveland City Court; Transfer of Cases if the court is abolished. Columbus City Court Judge's Salary. Columbus City Court Solicitor's Salary Fairburn City Court; Fund from Fines, etc.; Solicitor's Qualifications. Fort Gaines City Court Clerk's Fees in Criminal Cases. Greensboro City Court Abolished; Transfer of Cases. Greenville City Court; Fees of Clerk and Sheriff. Hinesville City Court Stenographer. Houston County, City Court of, Abolished if Peach County is created. Jesup City Court Solicitor's Qualifications. Metter, City Court; Costs of Clerk and Sheriff. Miller County, City Court of, Election to Abolish. Sandersville City Court Judge's Salary Increased. Soperton City Court; Attachments; Salaries of Judge and Solicitor. Wrightsville City Court; Qualifications of Judge and Solicitor; Succession. ALMA CITY COURT, ELECTION TO ESTABLISH. No. 277. An Act to establish the city court of Alma in Bacon County, to define its jurisdiction, to provide for the election of a Judge, and other officers, and to define their powers and duties and their manner of election, to provide for pleading and practice, new trials therein, and events of error therefrom, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, subject to ratification thereof by the qualified voters of Bacon County, as hereinafter provided for, the city council of Alma is hereby established, to be organized and located and held in the city of Alma in Bacon County, Georgia, and with jurisdiction, civil and criminal, over the entire County of Bacon. Court established and located subject to referendum Sec. 2. Be it further enacted, That said city court of Alma shall have jurisdiction to try and dispose of all cases of whatever nature, both civil and criminal, except those cases over which exclusive jurisdiction is vested in other courts by the Constitution of the State of Georgia, and shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the County of Bacon when the offender, upon conviction, is not subject to loss of life or confinement in the penitentiary. Jurisdiction. Sec. 3. Be it further enacted, That there shall be a judge of said city court, who shall be elected by the qualified voters of said Bacon County, in the general election to be held on the fourth day of November, 1924, who shall upon his election be commissioned by the Governor of said State, and immediately thereafter enter upon his duties as such Judge, and whose term of office shall expire on the thirty-first day of December, 1928, unless sooner removed from office in the manner pointed out by existing laws, Provided, however, that the Judge so elected shall hold his office until his successor is elected and qualified, said Judge to be elected by the qualified voters as hereinbefore provided, every fourth year after the general election to be held on November 4, 1924, and to hold his office for the term of four years. Be it further enacted that all vacancies occurring in said office shall be filled by appointment by the Governor of said State for the residue of the unexpired term, such appointment to be subject to approval of the Georgia State Senate then or there afterwards in session. Judge; election. Term Vacancies. Sec. 4. Be it further enacted, That the Judge of said city court of Alma shall receive a salary of one thousand dollars
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per year, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the Treasury of the County of Bacon. Salary. Sec. 5. Be it further enacted, That the Judge of said city court must have been a resident of said Bacon County for one year, be more than twenty-one years of age, and of good moral character, and be a licensed attorney, and before entering upon the duties of his office he shall take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal justice to the poor and rich alike, and that I will faithfully and impartially discharge and perform all of the duties which may be required of me as Judge of the city court of Alma, according to the best of my ability and understanding, according to the laws and the Constitution of the State of Georgia, and of the United States, so help me God; and said oath shall be forwarded to the Governor of the State of Georgia, and filed in the Executive Department. Said Judge shall have the right to practice law in all the courts of said State except the city court of Alma. Eligibility. Oath. Judge may practice law. Sec. 6. Be it further enacted, That there shall be a Solicitor of said city court of Alma, who shall be elected at the same time hereinbefore designated for the election for the Judge of said county and who shall hold his said office of Solicitor for the same time as provided for said Judge, and who shall hold his said office until his successor shall be elected and qualified, and who shall have been a resident of Bacon County for one year, be above the age of twenty-one years, and a practicing attorney. The fees of the said Solicitor of the city court of Alma, shall be the same in all respects and in all matters pertaining to his office as fixed and provided by law for Solicitor-General as such, and for all services performed by him he shall receive the same fees now allowed by law for similar services performed in the Superior Court by Solicitors-General. That said Solicitor, before entering upon the duties of his office and in addition to the oath required of all civil officers, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, and without
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fear, favor or affection, discharge my duties as Solicitor of the city court of Alma, to the best of my ability, so help me God. That said oath shall be filed in the office of the Executive Department of the Governor's office of the State of Georgia, and entered upon the minutes of said court by the clerk thereof, and if for any reason said Solicitor shall fail or be disqualified to act in any case the presiding Judge of said court shall have power to appoint a Solicitor pro tem. Solicitor. Term Eligibility Fees Oath. Sec. 7. Be it further enacted, That the clerk of the Superior Court of Bacon County, Georgia, shall be the clerk of the city court of Alma, by virtue of his election to the office of clerk of said Superior Court, and shall, before entering upon the discharge of his duties as clerk of the city court of Alma, take a similar oath to that required of the Solicitor of said court, and shall also give bond in the sum of three thousand dollars, payable to the Ordinary of said county, and conditioned to faithfully receive and account for all funds coming into his hands as such, and which said bond, together with the oath of office of said clerk, shall be entered upon the minutes of said court, and said bond shall be filed with the Ordinary of said county, be approved by him, and entered upon his records. The fees of the clerk of the city court of Alma shall be the same as are now or may hereafter be allowed by law to the clerk of the Superior Court for like services, and he shall receive the same fees for attendance upon said court as that allowed to him as clerk of the Superior Court of his said county. Clerk. Bond. Fees. Sec. 8. Be it further enacted, That the Sheriff of Bacon County, Georgia, shall be the Sheriff of the city court of Alma, by virtue of his election as Sheriff; and before entering upon the discharge of the duties of his office he shall execute a bond with good security in the sum of five thousand dollars for the faithful discharge of the duties of such office, and with like conditions as that imposed upon him as Sheriff of Bacon County. That the Sheriff of said city court shall have the right and power to appoint one or more deputies of his office, and when such appointments are made, he or they shall, before entering upon the discharge of his or their duties
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as such deputy or deputies, give bond in the sum of two thousand dollars, conditioned as bonds of other deputy sheriffs and take and subscribe the usual oath administered to sheriffs; and they shall receive the same fees as are now or may hereafter be allowed by law to the Sheriff of Bacon County for like services, and for his attendance upon any term of said court he shall receive the same pay, to be paid in the manner as now or may hereafter be allowed him for similar services in the Superior Court of Bacon County. Sheriff. Bond. Deputies. Bonds. Fees. Sec. 9. Be it further enacted, That if the clerk of Superior Court of Bacon County, Georgia, and the Sheriff of Bacon County, or either of them, shall refuse to perform the respective duties of clerk and sheriff of said court, or for any other reason there should occur a vacancy in the office of clerk and sheriff of said city court, that then and in that event the Judge of said court shall have the power and authority to appoint and name a clerk and sheriff, or either, of said court, who shall hold their offices during the pleasure of the Judge of said court, or until their successor is duly elected and qualified. That the Judge of the city court of Alma is empowered to exercise the same authority over the clerk and sheriff and deputy sheriffs of said court as may be exercised by the Judge of the Superior Courts over the clerks, sheriffs and deputies in the counties of Georgia. Vacancy in office of clerk of sheriff, how filled. Judge's authority over officers. Sec. 10. Be it further enacted by the authority aforesaid, That the Judge of the city court of Alma shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders, to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers, and take affidavits anywhere in this State, and said Judge, Solicitor, Clerk and Sheriff, and his deputies, shall have power to administer all oaths and do all official acts pertaining to their respective offices, as the Judge and other officers of the Superior Court may in like cases do. Said Judge shall also have power to issue writs of habeas corpus and hear and determine the same as Judge of the Superior Court may do; to take testimony to be taken to be used de
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bene esse and for the purpose of perpetuating testimony within his jurisdiction, and generally to do all acts which the Judges of the county courts of the State are authorized to do, unless otherwise provided in this Act, and said Judge of the city court of Alma shall have all the power and authority throughout his jurisdiction of Judges of the Superior Courts, except where, by law, exclusive power and authority is vested in the Judges of the Superior Courts, and all laws relating to and governing Judges of the Superior Courts shall apply to the Judge of the said city court, so far as the same may be applicable, except as herein provided. Powers of Judge. Sec. 11. Be it further enacted, That the regular terms of said city court of Alma shall be held on the third Mondays in November, February, May, and August of each year, and the Judge of said court shall have power to hold said court in session from day to day as long as may be necessary for the transaction of the business pending therein, and said court shall always be open for the disposition of criminal cases, wherein defendants may desire to enter pleas of guilty, or be tried before the Judge of said court without the intervention of jury, but the Judge thereof shall, five days before the next succeeding term thereof, pass an order adjourning said court for the term and have the same entered upon the minutes of said court. Terms of Court. Sec. 12. Be it further enacted by the authority aforesaid, That suits in said court shall in all respects be conformable to the mode of proceedings in the Superior Courts, except as hereinafter provided, but the process to writs shall be annexed by the clerk of said city court, shall be attested in the name of the Judge thereof, and be directed to and served by the Sheriff of the city court of Alma or by his deputy thereof, and all executions issuing from said court shall be attested in the name of the Judge and signed by the clerk, and directed to the Sheriff or his deputy of the city court of Alma, and to all and singular the Sheriffs or their deputies of the State of Georgia. Suits. Sec. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service and pleading and
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practice, the laws governing the Superior Court, when not inconsistent with this Act, shall be applicable to said city court. Pleading, etc. Sec. 14. Be it further enacted by the authority aforesaid, That the Judge of said city court shall have power and authority to hear and determine all civil cases of which said court has jurisdiction, and to give judgment therein; but either party in any civil or criminal case pending in said court shall be entitled to a trial by jury upon demand therefor made by him or his attorney before the beginning of the trial, and in all cases in which such party may be entitled to a trial by jury under the constitution and laws of this State. Hearing and judgment. Demand for jury trial. Sec. 15. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied upon under process from said court, which claims shall be tried in the same manner as claims in the Superior Court, except that the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases, as is practiced in other courts. Claim cases. Sec. 16. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and garnishments in the Superior Courts of this State shall apply to said city court so far as the nature of the said city court will admit. The Judge of said city court or any other officer authorized by law to issue attachments may issue attachments returnable to said city court, under the same laws that govern the issuing of attachments in the Superior Courts, and all attachments in the Superior Courts, and all attachments returnable to the city court of Alma, shall be directed to all and singular the Sheriffs and constables of this State, and may be levied by the Sheriff of the city court or his deputy or any Sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Attachment and garnishment. Sec. 17. Be it further enacted by the authority aforesaid, That garnishment proceedings in said city court shall be conformable to the laws of the State on the subject in the Superior Court. Garnishment.
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Sec. 18. Be it further enacted by the authority aforesaid, That all proceedings to make parties in any cause in the city court shall conform to the laws on that subject in the Superior Courts. Making parties. Sec. 19. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to the commencement of suits in the Superior Courts, defenses, set-offs, affidavits of illegality, arbitration, examination of witnesses by interrogatories, or under subpoena, witnesses and their attendance, continuance, and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of said court, shall be applicable to said city court. General laws applicable. Sec. 20. Be it further enacted by the authority aforesaid, That the city court of Alma shall be a court of record and shall have a seal, and the minutes, records, dockets and other books and files that are required by law to be kept for the Superior Court shall be kept in and for said city court and in the same manner, and all laws applicable to the duties of the clerk and sheriff in the Superior Court, except where they conflict with the provisions of this Act, shall apply to the city court of Alma and be approved therein. Records, seal, etc. Duties of clerk and sheriff. Sec. 21. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments of the Superior Courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales be had thereunder under the same rules and laws regulating the same in the Superior Courts. Enforcement of judgments. Sec. 22. Be it further enacted by the authority aforesaid, That the Judge of the city court of Alma shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the Judges of the Superior Court of this State. Contempts. Sec. 23. Be it further enacted by the authority aforesaid, That traverse jurors in the city court of Alma shall be procured in the following manner: The clerk of said court
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shall provide a city court jury box, similar to the traverse jury of the Superior Court, and shall write upon separate pieces of paper the names of each person upon the grand jury list of the Superior Court, and shall write upon separate pieces of paper the names of each person upon the grand jury list of the Superior Court, and of each person on the traverse jury lists of the Superior Court, and shall place said names of all persons on said Superior Court lists in the city court jury box, from which shall be drawn traverse jurors to serve in the city court. All laws with reference to the drawing and summoning and impanelling traverse jurors in the Superior Courts shall apply to the city court of Alma, and said city court judge shall have the same power to summon tales jurors for the city court that the judges of the Superior Courts have for the Superior Courts. Jurors in said city court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the Superior Courts, or as may hereafter be paid. Juries. Sec. 24. Be it further enacted by the authority aforesaid, That all laws with reference to the qualifications, impanelling, challenging and fining jurors, now of force or hereafter to be enacted regulating the same in the Superior Courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In all cases, either civil or criminal, where issues are to be tried by a jury, the parties shall be entitled only to a panel of eighteen jurors from which to strike. All cases, whether civil or criminal, where jury trials are demanded shall be tried by a jury composed of eight jurors, unless the parties demand a jury of twelve, and in civil cases to be tried by eight jurors, each party shall be entitled to five peremptory challenges, and all criminal cases shall be tried by a jury composed of eight jurors, unless the defendant demands trial by twelve jurors, and where cases are to be tried by eight jurors the State shall be entitled to four peremptory challenges, and the defendant six peremptory challenges, and in criminal cases to be tried by twelve jurors the State shall be entitled to two peremptory challenges, and the defendant to four peremptory challenges,
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and all laws and rules governing the selection of jurors and their qualification in the Superior Courts shall apply to and be of force in the city court of Alma unless inconsistent with the provisions of this Act. Panels of juries, etc. Sec. 25. Be it further enacted by the authority aforesaid, That all cases, civil and criminal, pending in said court in which a jury trial is demanded by either party, that a jury shall be had in term time under the provisions of this Act, and trial thereof be had by a jury composed of eight jurors as hereinbefore provided, unless a jury of twelve is devasted by either party; and where a jury of twelve is demanded by either party, then the jury trying the case shall be composed of twelve jurors, and all in the manner as hereinbefore provided. All civil cases and all criminal cases in which no jury is demanded by either party shall be tried by the Judge of said court in term time, and all criminal cases in which no jury is demanded the defendant shall be tried by the Judge of said court during the regular terms thereof, or at any time between the regular terms of said court, and said court shall be open for the trial of such criminal cases at all times. Jury trials. Criminal cases. Sec. 26. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court of Alma may be tried on written accusation setting forth plainly the offenses charged, which accusation shall be signed by the prosecutor and prosecuting officer of said city court, and shall be based upon an affidavit made by the prosecutor and attached thereto. Accusation. Sec. 27. Be it further enacted by the authority aforesaid, That when any criminal case in the city court of Alma, founded either upon indictment or presentment by a grand jury, or upon an accusation in said city court, is called for trial, and before the arraignment of the defendant, the Judge shall inquire of the defendant whether he demands a trial by jury, and the response of the defendant shall be entered on said indictment or accusation, and signed by the prosecuting officer in said court. If the defendant demands a trial by jury and the said court is not sitting at a regular term the Judge
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shall admit the defendant to bail to appear at the next regular term, or, on the defendant's failure to give bond, shall commit him to jail to await his trial at a regular term. If the defendant waives trial by jury, then the Judge of said court shall proceed to hear and determine such criminal case without a jury, provided always that a reasonable time may be granted the State or defendant to procure witnesses. Inquiry as to demand for trial. Bail or commitment. Trial without jury. Sec. 28. Be it further enacted by the authority aforesaid, That the Judge of the Superior Court of Bacon County shall transfer any and all presentments or bills of indictment for misdemeanors to said city court for trial, and disposition therein, except such cases as may be at regular terms of said Superior Court disposed of by such Judge of Superior Court while in regular session, the order so transferring and transmitting the same to be entered on the minutes of both of said courts. Transfer of indictments. Sec. 29. Be it further enacted by the authority aforesaid, That the Judge of said court shall have the same power to appoint bailiffs at each term of the court that Judges of the Superior Court have. Bailiffs. Sec. 30. Be it further enacted by the authority aforesaid, That a writ of error direct from said city court of Alma to the Court of Appeals of this State shall be upon a bill of exceptions filed under the same rules and regulations as govern and control the filing of bills of exceptions and the issuing of writs of errors in the Superior Courts of this State. Writ of error. Sec. 31. Be it further enacted by the authority aforesaid, That the Judge of said city court of Alma shall have power to grant new trials in all cases, civil and criminal, in said court upon the same laws and regulations in every respect governing the granting of new trials in the Superior Courts. All rules of pleading, practice and procedure governing motions for new trials in the Superior Courts shall apply to and govern the same in said city court. New trials. Sec. 32. Be it further enacted by the authority aforesaid, That the first term of said court to which a case is brought shall be the appearance or return term, and the second term
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shall be the trial or judgment term, and all the laws, rules and practice in the Superior Court with reference to the terms thereof shall apply in the city court of Alma, unless in conflict with this Act or otherwise provided herein; provided, however, that in all cases of suits upon unconditional contracts in writing where there is no defense to be made by the defendant a judgment may be taken thereon at the appearance term of the court, and in such cases it shall not be necessary for the plaintiff to wait until the second term of the court in which to take his judgment. Appearance and trial terms. Undefended cases. Sec. 33. Be it further enacted by the authority aforesaid, That all fines and forfeitures to be collected in said city court of Alma on account of, or in cases originating only in said county shall be collected by the Sheriff of said court, not later than ten days from the close of each term of said court, and the full amount thereof shall be by said Sheriff deposited to the credit of the clerk of said court in a safe bank or depository, and the clerk and Sheriff of said court, and the Solicitor of said court, and the Justice of the Peace, or Notary Public and ex-officio Justice of the Peace, and the constable, where warrant was issued by such Justice or Notary Public, and defendant has been required to give bond for his appearance before said city court for trial, shall make out a complete itemized statement of the amount of costs due them on such particular case in said city court tried and disposed of, which itemized statement when so made shall be by the clerk of said court entered upon a book on file in his office, which said book shall be open to inspection of any citizen of said Bacon County, at any time, whereupon the Judge of said court shall countersign checks to be issued by said clerk for the amounts due said officers, in accordance with said itemized statements, and said clerk shall thereupon and immediately draw a check in favor of the county treasurer of said Bacon County, to be countersigned by said Judge and by said clerk deposited to the credit of said Treasurer, for the entire sum remaining in each particular case in which a fine or forfeiture was collected in any and all cases originating in said city court of Alma, whether brought thereto by warrant
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issued by Justices of the Peace, or Notaries Public as hereinbefore provided, or by accusations filed in said city court of Alma, and said clerk shall make an entry immediately upon the issuance of said checks, showing the person to whom paid, the date and amount thereof, so that no fines or forfeitures in said city court of Alma, whether in cases originating in said court, or in those to said court transferred from the Superior Court of Bacon County, shall at any time or by any means be applied to the payment of any insolvent cost bills which might become due to said officers. Fines and forfeitures, disposition of. Sec. 34. Be it further enacted by the authority aforesaid, That all fines and forfeitures to be collected in said city court of Alma, from cases which may be transferred to said court by the Superior Court of said county, shall be disposed of and paid out by checks drawn by the clerk of said city court, and countersigned by the Judge thereof, in the same manner as provided in the preceding section hereof, to the officers in said preceding section named, and to the Solicitor General of said Superior Court for any costs that may be due him therein, the sum to be itemized fully by each of said respective officers, and entries of checks recorded by the clerk of said city court, as in said preceding section required, in each and every particular case tried and disposed of in said city court, where a fine or forfeiture is collected as therein provided. That in all cases where fines are imposed upon defendants tried in said city court of Alma, and given chain-gang sentences, in cases originating in said city court or to said court transferred by the Superior Court of said Bacon County, wherein fines are not paid, and said defendants are placed upon the chain-gang of said county, or any other county to which the Judge of said court may assign such defendant or defendants, each officer, the Solicitor-General, the Solicitor of the said city court of Alma, the clerk and Sheriff of said city court, and the Justice of the Peace or Notaries Public and ex-officio Justices of the Peace, and the Constables, who have performed service for which they may have costs legally due them, shall each file in the clerk's office of the Board of Commissioners of Roads and Revenues of said Bacon County, an itemized
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statement of their several accounts, stating the case, and giving the date upon which the same was finally disposed of, properly verified by the oath of such officer, whereupon, at the next term of the court to be held by said Board of Commissioners of Roads and Revenues, they, the said board, shall issue a county warrant therefor, payable to such officer or officers for the sums due them. Same subject. Sec. 35. Be it further enacted by the authority aforesaid, That in all misdemeanor cases transferred from the Superior Court to the city court of Alma the costs of the Solicitor-General of the said Superior Court shall be five dollars for each case so transferred, to be collected and paid as provided in Section 33 of this Act, except where defendants are placed in chain-gang, and in that event, the same shall be paid by the Board of Commissioners of Roads and Revenues of Bacon County by a county warrant drawn by them in favor of said Solicitor-General, after presentation of his itemized sworn account, as in Section 34 of this Act provided. Costs in transferred cases. Sec. 36. Be it further enacted by the authority aforesaid, That the county authorities having control of the finances of said Bacon County, shall provide all necessary books for keeping the dockets, minutes and records of said city court, and all other books and stationery necessary to operate said court according to the provisions of this Act, and that said court shall be held in the Court House of Bacon County, Georgia, in the City of Alma. Record books and stationery. Sec. 37. Be it further enacted by the authority aforesaid, That when any person has been convicted in said city court of Alma, and sentenced to pay a fine, or in lieu thereof work any number of months upon the chain-gang, if said fine is not paid, nor said defendant delivered to the chain-gang authorities to which he may have been by said Judge of said court assigned, within ten days from the adjournment of the term of court at which said sentence was imposed upon him, nor has filed any motion for new trial, and given the required bond pending the hearing of said motion, it shall be mandatory upon the Judge of said court to immediately appoint a special bailiff and instruct him to collect the fine imposed upon said
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defendant instanter, or deliver him to the chain-gang to which he has been assigned, which said bailiff so appointed shall be paid the sum of three dollars per diem, for the number of days so employed, and his actual expenses incurred in obedience to the mandate of said Judge of said court, the sum to be paid to him by the Board of Commissioners of Roads and Revenues of said county, or the Ordinary if in charge of the finances of said Bacon County, upon presentation of his itemized bill verified by oath. Mandate to collect fine or deliver to chain-gang. Bailiff's fee. Sec. 38. Be it further enacted by the authority aforesaid, That the clerk of said city court of Alma shall not be authorized to pay any bills of any kind or character, except to issue jury scrip to jurors who serve in said court, as provided in the Act amending the Act creating the Board of Commissioners of Roads and Revenues of Bacon County, approved August 20, 1923. Clerk not to pay bills. Sec. 39. Be it further enacted by the authority aforesaid, That this Act shall not be effective and become of force, unless ratified by a majority of the qualified voters who shall vote in State primary election in said County of Bacon, to be held on the tenth day of September, 1924. Notice of which said election shall be given in writing at all the several Georgia Militia Districts and at the Court House of said Bacon County by the Ordinary of said Bacon County at least twenty days prior to said September tenth, 1924, and those voting in said election who desire to ratify this Act, shall have written or printed upon their ballots for ratification of City Court Act, and those not desiring to ratify this Act shall have written or printed upon their ballots the words, Against ratification of City Court Act, the returns of said election to be made to the executive committee in charge of said State Primary election, said committee to certify the result to the Ordinary of said Bacon County, to be filed by him in his office, on the day following said State Primary election. Referendum. Sec. 40. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 18, 1924.
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ATLANTA CRIMINAL COURT JUDGE'S SALARY, $10,000.00. No. 271. An Act to amend an Act approved July 19, 1920 (Georgia Laws 1920, page 306), amending an Act entitled An Act to establish the Criminal Court of Atlanta, etc., so as to increase 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 authority of the same, that from and after the passage of this Act, Section three of the amendment approved July 31, 1906, to the Act approved September 6, 1891, creating the Criminal Court of Atlanta as amended by the Act approved July 19, 1920, be and the same is hereby amended by striking out the words seven thousand five hundred, in the first and second lines of said section and inserting in lieu thereof the words ten thousand so that said section when so amended shall read as follows: Act of 1920 amended. Sec. 3. The salary of said Judge shall be ten thousand dollars per annum, payable monthly out of the Treasury of Fulton County. Said Judge before entering on the duties of his office shall take and subscribe before the Governor an oath faithfully and impartially to discharge such duties to the best of his ability and understanding, and agreeable to the Constitution of this State and of the United States, and to support said Constitution. Increase of salary. 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, provided however that the increase herein provided for shall not take effect until October 1st, 1924. Approved July 15, 1924.
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ATLANTA CRIMINAL COURT; SALARIES FOR SOLICITOR, DEPUTY, ETC. No. 444. An Act to amend an Act, entitled An Act to establish the Criminal Court of Atlanta and in pursuance thereof to amend an Act establishing the City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof and for other purposes, approved September 6, 1891, and the several Acts amendatory thereof by changing the method of compensating the Solicitor General of the Criminal Court of Atlanta by fees and substituting therefor and in lieu thereof a salary for said officer; to provide for the appointments of a Deputy Solicitor General of said court and clerks and other employees in the office of said Solicitor General, and to provide for the payment of salaries to said Deputy Solicitor General and said clerks and other employees, to provide for the payment of all other legal costs not herein provided for, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that all Section XIV of the Act approved September 6, 1891, creating the Criminal Court of Atlanta, be and the same is hereby stricken out, and the following substituted in lieu thereof: Act amended. Sec. XIV. That all money arising from fines, forfeitures and from forfeited recognizances in said court shall be collected by the sheriff and remitted to the general treasury of said county. Fines, etc., to go to county treasury. The annual salary of said Solicitor-General of the Criminal Court of Atlanta shall be fixed by the Commissioners of Roads and Revenues of Fulton County at not less than ten (10) thousand dollars same to be paid monthly out of the County Treasury; provided, however, nothing contained shall be construed to work a forfeiture of the accrued legal fees due to the said officer for work done by said officer before the time said Act became effective. Salary not less than $10,000.00 for Solicitor to be fixed by Commissioners.
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That in addition to the Solicitor-General of the Criminal Court of Atlanta, there shall be a Deputy Solicitor-General of the Criminal Court of Atlanta, who shall be appointed by said Solicitor-General, and whose sole duties shall be to assist the Solicitor-General of said court in the performance of his duties. That the salary of said Deputy Solicitor-General shall be fixed by the Commissioners of Roads and Revenues of Fulton County at not less than five (5) thousand dollars per annum, the same to be paid monthly out of the county treasury. Deputy Solicitor; appointment and duties. Salary not less than $5,000.00. That other clerks, employees or attendants upon such court may be named by said Solicitor-General of said court, under whom their services shall be performed, when and if such employment shall have been authorized by the Commissioners of Roads and Revenues of Fulton County, whose duty it shall be to fix and determine the salaries of all such subordinate employees of said officer, the salaries of such clerks, employees or attendants shall be paid monthly out of the county treasury. Clerks and other employees to be named by Solicitor; salaries. Said Deputy Solicitor-General and said clerks, employees, and assistants shall be subject to removal at any time by the Solicitor-General of the Criminal Court of Atlanta. Removable by Solicitor. That the Commissioners of Roads and Revenues of Fulton County shall have and are hereby given authority to provide for said Solicitor-General of the Criminal Court of Atlanta a contingent fund for incidental and emergency expenses, the same to be paid out of the general funds of said county, and the said Solicitor-General shall furnish to the said Commissioners of Roads and Revenues accurate vouchers therefor. Fund for expenses to be provided by Commissioners. All costs which may become due under the law to Justices of Peace or committing courts in cases disposed of in the Criminal Court of Atlanta shall be paid out of the county treasury. Costs of committing courts. Sec. 2. This Act shall become effective on January first, 1925. Effective January 1, 1925. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924.
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ATLANTA CRIMINAL COURT, SUPERIOR COURT JUDGES AUTHORIZED TO PRESIDE IN. No. 659. An Act to amend an Act entitled An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act establishing City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof and other purposes, approved September 6, 1891, and the several Acts amendatory thereof, by making Judges of the Superior Courts competent to preside in the Criminal Court of Atlanta whenever agreed upon by the judges of said respective courts; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section XVII of the Act approved September 6, 1891, creating the Criminal Court of Atlanta, be and the same is hereby amended by inserting and adding in line one of said section, after the word Atlanta, the words and Superior Court Judges, and, further amended by striking out of line one of said section the word is, and substituting therefor and in lieu thereof the word are, and further amended by striking out of line three of said section the word both, and substituting therefor and in lieu thereof the words Said respective, so that said section when so amended shall read as follows: Act amended. Amendment. Sec. XVII. The Judge of the City Court of Atlanta and Superior Court Judges are hereby made competent to preside in the Criminal Court of Atlanta, whenever agreed upon by the judges of said respective courts, and for any length of time; or whenever the judge of said Criminal Court is disqualified; and the Judge of the Criminal Court of Atlanta is hereby made competent to preside in the city court of Atlanta whenever agreed upon by the judges of both courts, and for any length of time; or whenever the judge of the city court of Atlanta is disqualified. To read.
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Sec. 2. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 22, 1924. ATLANTA MUNICIPAL COURT, PLEADINGS IN, TO CONFORM TO THOSE IN SUPERIOR COURT, WHEN. No. 283. An Act to amend an Act approved August 20, 1913, establishing the Municipal Court of Atlanta, and Acts amendatory thereof, so as to give authority to the Judge of the Municipal Court of Atlanta, Fulton County, to pass rules providing that pleadings in the Municipal Court of Atlanta, Fulton Section, in matters involving over $100.00 principal, exclusive of interest, costs and attorney's fees, shall be made to conform to the pleadings now used in the Superior Courts of the State. Section 1. 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 establishing the Municipal Court of Atlanta, Fulton Section, approved August 20, 1913, and Acts amendatory thereof, be and the same are hereby amended by adding thereto the following: Act amended. The Judges of the Municipal Court of Atlanta, Fulton Section, are authorized and empowered to adopt and put into full force and effect rules requiring pleadings in cases where the principal sum involved, exclusive of interest, costs and attorney's fees, is over $100.00, to conform to the pleadings now in effect and used in the Superior Courts of the State of Georgia. Amendment. as to cases involving more than $100.00 principal. 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 22, 1924.
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BAINBRIDGE CITY COURT, COSTS OF OFFICERS OF, AND JUSTICES, IN MISDEMEANOR CASES, HOW PAID. No. 382. An Act to amend an Act of the General Assembly of the State of Georgia entitled, An Act of the General Assembly of the State of Georgia, establishing the City Court of Bainbridge, in the City of Bainbridge, in and for the County of Decatur, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, and to define the powers of the judge and other officers thereof and for other purposes, approved November 27, 1900, so as to provide that the County Commissioners of Roads and Revenues and other county officers having charge of the fiscal affairs of Decatur County, Georgia, shall, upon receipt of misdemeanor convicts, which have been convicted in the City Court of Bainbridge, of said county, pay to the officers of said court, and to Justices of the Peace and Constables, out of the County Treasury of Decatur County, as compensation for services rendered in the trial and conviction of said convicts so delivered to the said County Commissioners of Roads and Revenues and the proper authorities authorized by said county to receive said convicts for work on the public roads of said county, and such other places as the same may be worked under the law, their legal fees and costs, as fixed by law in such cases only. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act passed by the General Assembly of Georgia of 1900, and approved November 27, 1900, and the same is hereby amended by adding an additional section, which shall read as follows: Act amended. To read. Be it further enacted, that the County Commissioner of Roads and Revenues in and for Decatur County, Georgia, and other county officers having charge of the fiscal affairs of Decatur County, Georgia, shall, upon receipt of misdemeanor
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convicts, which have been convicted in the City Court of Bainbridge, of said County of Decatur, pay to the officers of said court and to the Justices of the Peace and Constables, out of the County Treasury of Decatur County, as compensation for services rendered in the trial and conviction of said convicts so delivered to the said County Commissioners of Roads and Revenues for said county, and the proper authorities authorized by said county to receive such convicts for work on the public roads in said county and such other places as the same may be worked under the law, the legal fees and costs as fixed by law in such cases only. Costs to be paid by county on receipt of midemeanor convicts to work on road. Sec. 2. Be it further enacted, That said convicts, so convicted in the City Court of Bainbridge, shall not be worked upon the public roads and other public works of said county unless the costs and fees of the officers of the court and the Justice of the Peace and Constables in such cases are paid by said County Commissioners of Roads and Revenues of Decatur County and other county officers having charge of the fiscal affairs of Decatur County, Georgia. Payment to be made before work. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1924. BAXLEY CITY COURT SESSIONS. No. 325. An Act approved December 1, 1897, entitled an Act to establish the City Court of Baxley, in Appling County; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, and the several Acts amendatory thereof, so as to change the power of the court for holding the terms of the City Court of Baxley in session.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved December 1, 1897, entitled An Act to establish the City Court of Baxley, in Appling County, to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, as amended, be and the same is hereby amended by striking from Section eleven of said Act, as amended, the words, The Judge shall have power to hold said court in session from day to day, for a period of not longer than four weeks, from beginning of each term, and inserting in lieu thereof, the words, The Judge shall have power to hold said court in session from day to day in the same manner as judges of the Superior Court of said State may hold their courts in session and adjourn same at least five days, before the beginning of the next succeeding regular term of said court, so that section, when amended shall read as follows: Be it further enacted by the authority aforesaid, that the regular terms of said court of Baxley, shall be held on the first Mondays of February, May, August and November of each year. The Judge of said court shall have power to hold said court in session from day to day in the same manner as judges of the superior court of said State may hold their courts in session, and adjourn same at least five days, before the beginning of the next succeeding regular term of said court. Amendment. To read. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1924. CAMILLA CITY COURT SOLICITOR'S SALARY. No. 358. An Act, to amend an Act entitled An Act to establish the City Court of Camilla, in the City of Camilla, in and for the County of Mitchell; to define its jurisdiction and powers,
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to provide for the appointment of the judge and solicitor and the other officers thereof; to define their powers and duties and for other purposes, approved August 17th, 1905, and amended by an Act amendatory thereof, approved August 21st, 1906, so as to provide for the election of the Judge and the Solicitor of the City Court of Camilla by the people, and for other purposes; and amended by an Act amendatory thereof, approved August 22nd, 1907, also providing for the election of the Judge and Solicitor of the City Court of Camilla by the people; and amended by an Act amendatory thereof approved August 16th, 1913, for the purpose of fixing the fees of the Solicitor of the City Court of Camilla, changing the salary of the Judge of the City Court of Camilla, and changing the manner of payment of the Solicitor of the City Court of Camilla, and for other purposes as stated in said Act; this present amendatory Act being intended to change the manner of paying the Solicitor of the City Court of Camilla, by abolishing the fee system by which said solicitor is now compensated and by putting him on a salary to be paid out of the County Treasury of Mitchell County, and to further provide for the deposition of the fees heretofore received by said solicitor by requiring that they be paid into the County Treasury of Mitchell County. Section 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 August 17th, 1905, and the amendatory Acts of 1906, 1907, 1913, above mentioned, be amended as follows: by striking from Section 3, on page 182, of the said Act of 1913, the whole of the 29th, 30th, 31st, 32nd, 33rd, 34th, 35th lines, and the first four words of line 36, and substituting therefor the following: Section 6. Be it further enacted that the Solicitor of the City Court of Camilla shall receive as full compensation for all services rendered by him as solicitor of said court, and also as solicitor of the City Court of Pelham of Mitchell County, the sum of $125.00 per month, which shall be paid monthly of said courts out of the Treasury of Mitchell County, by the Treasurer of said county,
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or by the clerk of the Board of Commissioners of Roads and Revenues of said county, provided that no other or further change in said Section 3 of the Act of 1913 shall be effected by this Act. Salary $125.00 per month. Sec. 2. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that such fees as are now received as compensation by the Solicitor of the City Court of Camilla as provided in the amendatory Act of 1913, being the same as are allowed by law to the Solicitor-Generals of this State for similar service in the Superior Courts, shall hereafter be collected and disbursed by the proper officer of said court and shall be paid by him to the County Treasurer upon proper order of the Judge of said City Court of Camilla and Pelham. Fees to go to County Treasury. Sec. 3. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of same, that this Act shall become effective January 1st, 1925. Effective January 1, 1925. 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 6, 1924. CARROLLTON CITY COURT JUDGE'S SALARY, ELECTION TO INCREASE. No. 414. An Act to amend An Act to establish a city court in the City of Carrollton in the County of Carroll, etc., and for other purposes, approved December 21, 1897, as amended by Act approved August 6, 1912, so as to increase the salary of the Judge of said City Court; to provide for submitting the same to the qualified voters of said county for their ratification or rejection, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, Section 4 of the above-recited Act, as amended by an Act approved August 6, 1912, be and the same is hereby amended by striking from line seventeen of said amended Act the words fifteen hundred, and inserting in lieu thereof the words two thousand, so that said section when so amended shall read as follows: Sec. 4. Be it further enacted, That there shall be a judge of said city court, to be elected by the people at an election held for that purpose, to be called by the Ordinary of said county, giving notice of said election in at least two newspapers published in said county for thirty days prior to the date of said election. All persons qualified to vote for members of the General Assembly shall be qualified to vote in said election to be held in the same manner as election for members of the General Assembly, the returns to be made to the Ordinary, and he shall consolidate the vote and declare the result. The term of office of said judge shall be for four years, but the judge elected at the special election herein provided for shall hold his office until the October election for members of the General Assembly in 1900, at which time his successor shall be elected, and every four years thereafter. The judge of said city court shall receive a salary of two thousand dollars per annum, to be paid monthly out of the treasury of said county. All vacancies for any unexpired term shall be filled by special election to be held for that purpose, to be called by the Ordinary of said county, to be held as other county elections. Increase of salary of $2,000.00. Sec. 2. Be it further enacted that the provisions of this Act shall not become effective unless ratified by a majority of the qualified voters at an election to be held on the tenth day of September, 1924. Those voting for a salary of $2,000.00 for said judge of city court in the City of Carrollton, Carroll County shall have written or printed on their ballots the words: For a salary of $2,000.00 for Judge of City Court; and those opposing an increase in said salary for judge of the city
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court of Carrollton, Georgia, shall have written or printed on their ballots the words Against a salary of $2,000.00 for Judge of the City Court. This Act to become effective October 1, 1924, and the Ordinary of said County of Carroll, Carrollton, Georgia, shall give notice of said election in two issues of the official organ of said county, immediately preceding said election. Referendum. Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924. CLEVELAND CITY COURT; FEES OF CLERK AND SHERIFF; TERMS; TRANSFER OF MISDEMEANOR CASES. No. 405. An Act to amend an Act entitled An Act to create the City Court of Cleveland, Georgia; to provide for the transfer of all misdemeanor cases remaining untried at any term of the Superior Court to said City Court; to provide for the fees of the Clerk and Sheriff of City Court, as now provided in Section 1 of said Act creating said court; to abolish monthly terms as now provided in Section 13 of said Act, to strike out the words in line 7 11whether at monthly or quarterly terms, as they now appear in Section 15 of said Act; to repeal all of Section 29 of said Act and provide that all misdemeanor cases remaining untried at any term of said Superior Court shall be by operation of law transferred to said city court without any order of said Superior Court, and shall stand for trial in said city court at the next term thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, That Section 11 of said Act be and the same is hereby repealed, and
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the following substituted for the same, and numbered accordingly: That the clerk and sheriff of said city court shall receive in all cases the same fees for similar services as are now allowed or may hereafter be allowed by law in the Superior Court and for attendance upon said court. The clerk and sheriff shall receive no fees, except as is herein provided, except in cases of conviction; that the clerk and sheriff shall be paid out of the county funds a sum equal to their fees when the defendants serve the sentence of the court by servitude instead of paying the fine. Fee of Clerk and Sheriff. Sec. 2. Be it further enacted that all of Section 13 be and the same is hereby repealed, and in lieu thereof the following substituted therefor: Sec. 13. Be it further enacted, That the terms of said City Court of Cleveland shall be held as follows: The first term thereof shall be held on the first Monday in September, 1917; the next term to be held on the first Monday in December, 1917, and quarterly thereafter on the first in March, June, September and December. If there be defendants under accusation or indictment transferred to said court and they fail to give bond, it shall be the duty of the judge of said court to cause the said defendants to be brought before him, and if they demand a trial by jury, to call a special term of said court, to summon a jury and place said defendants on trial, unless bond is promptly given on being brought before him. Should the defendants not demand a jury trial, the judge may try said cases without a jury and pronounce judgment as if tried by a jury. At all terms of said court said judge shall have power to hold from day to day for a period not exceeding one week, and shall have power to adjourn said court as he may designate by order from time to time. He shall have power to call special terms of said court as the business may demand for the trial of either civil or criminal business, by order for that purpose entered on the minutes, and to this end may draw jurors to serve at any special or call term, provided that said court shall at all times be open for the trial of criminal cases where a jury is waived. Terms of Court.
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Sec. 3. Be it further enacted that Section 15 of said Act be amended by striking out the words whether monthly or quarterly terms, which occur immediately after the word returnable, in line 7 of said Act. Sec. 4. Be it further enacted, That from and after the passage of this Act, Section 29 of said Act creating said City Court of Cleveland be and the same is hereby repealed, and in lieu thereof the following section substituted therefor, and shall be numbered accordingly, as now numbered. That from and after the passage of this Act all misdemeanor cases remaining untried at any term of the Superior Court of White County at the close of any term thereof be and they are hereby transferred to said city court without the order of said Judge of said Superior Court, and stand for trial at the next term of said city court at Cleveland, whether a call or regular term and parties and witness required to take notice and attend as though said cases were originally brought in said city court. Transfer of misdemeanor cases from Superior Court. Approved August 11, 1924. CLEVELAND CITY COURT, TRANSFER OF CASES IF THE COURT IS ABOLISHED. No. 422. An Act to amend 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 power 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 authority of the same, That from and after the passage of above entitled Act
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to repeal the 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 August 18, 1923, and the Act or Acts amendatory thereof, are hereby amended by adding a new section to be known as Section 2(A), to read as follows: Sec. 2(A). Be it further enacted by the authority aforesaid, That if a majority of the qualified voters of White County should on the first Wednesday in November, 1924, cast their votes against City Court, then and in that event, all cases, both civil and criminal, pending in the City Court of Cleveland, shall be, by this Act, transferred to the Superior Court of White County, and all parties, Plaintiff and Defendant, shall be charged with full notice of such transfer. Transfer of cases if court is abolished. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924. COLUMBUS CITY COURT JUDGE'S SALARY. No. 499. An Act to fix and provide for the payment of an adequate salary for the Judge of the City Court of Columbus, in Muscogee County, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the first day of January, 1925, the salary of the Judge of the City Court of Columbus, in Muscogee County, Georgia, shall be the sum of two thousand seven hundred and fifty dollars ($2,750.00) per annum, which shall be paid by said county in monthly installments of two hundred twenty-nine dollars sixteen cents ($229.16) on the first day of each month; and the Board of Commissioners
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of Roads and Revenues of said county, or other proper authority having power to levy and collect taxes for county purposes and payment of expenses of court shall annually make due provision for the payment of said salary. Said judge shall receive no fees, costs or other compensation than said salary for his services as such judge. Salary $2,750.00. 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, 1924. COLUMBUS CITY COURT SOLICITOR'S SALARY. No. 497. An Act to fix and provide for the payment of an adequate salary to the Solicitor of the City Court of Columbus, Muscogee County, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after January 1, 1925, the salary of the Solicitor of the City Court of Columbus, in Muscogee County, Georgia, shall be the sum of twenty-four hundred ($2,400.00) dollars per annum, payable in monthly installments of two hundred ($200.00) dollars per calendar month on the first day of each calendar month, which salary shall be the sole compensation of the Solicitor City Court of Columbus for services rendered as such. Salary $2,400.00. 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, 1924.
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FAIRBURN CITY COURT; FUND FROM FINES, ETC.; SOLICITOR'S QUALIFICATIONS. No. 474. An Act to amend an Act approved July 18, 1923, known as the Act creating the City Court of Fairburn, in and for the County of Campbell, by striking the word January, in the second line of Section 46, and inserting in lieu thereof the words February, May, August and November, and to amend Section 7 of said Act by striking the words have been, in the fifth line of said section, and inserting in lieu thereof the word be, and by striking the words for at least two years immediately preceding his election or appointment, in the sixth and seventh 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 the authority of the same, that the Act approved July 18, 1923, known as An Act creating the City Court of Fairburn in and for the County of Campbell, and the same is hereby amended as follows: Act amended. By striking the word January in the second line of Section 46, and inserting in lieu thereof the words February, May, August, and November, so that said section when so amended shall read as follows: Sec. 46. Be it further enacted by the authority of the aforesaid, that on the first day of February, May, August, and November 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. Times for reapportioning City Court Fund. Sec. 2. Amend further by striking the words have been, in the fifth line of Section 7 of said Act creating the City Court of Fairburn, and insert in lieu thereof the word be.
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And amend further by striking the words for at least two years immediately preceding his election or appointment, from the sixth and seventh lines of said Section 7; so that said Section 7 of the original Act creating the City Court of Fairburn, where so amended, will be as follows: 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 be a bona fide resident of Campbell County, 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. Soicitor's qualifications. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1924. FORT GAINES CITY COURT CLERK'S FEES IN CRIMINAL CASES. No. 364. An Act to amend an Act entitled an Act to establish the City Court of Fort Gaines, in and for the County of Clay, to define its powers, jurisdiction, procedure and practice; to provide for a Judge and Solicitor and other officers of Court, etc., approved August 22, 1907, so as to amend Section nine of said Act by striking from said Section nine
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the following words wherever they may appear in said section: one dollar and a half, which shall include his whole fees, and by inserting in lieu thereof the following words: the said Clerk of said City Court shall receive and be entitled to the same fees as the Clerk of the Superior Court for like services in criminal cases. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section nine of said Act (Acts of General Assembly of State of Georgia, 1907, page 185) be amended by striking from said Section nine of said Act the following words wherever they may appear in said Section nine: One dollar and a half, which shall include his whole fees, and by inserting in lieu thereof, the following words: The said Clerk of the said City Court shall receive, and be entitled to, the same fees as the Clerk of the Superior Court for like services in criminal cases, also that, when said Section nine is so amended, it shall read, and be, as follows: Section 9. Be it further enacted, That the fees of the Clerk of said Court shall be as follows: In all criminal cases tried, or where a plea of guilty is filed, the said Clerk of said City Court shall receive, and be entitled to, the same fees as the Clerk of the Superior Court for like services in criminal cases, Provided, that the whole cost of said Clerk in any criminal case shall not exceed the sum of five dollars. In all civil cases he shall be allowed, where suits are for $500.00 or less for filing, declaration, and docketing case, twenty-five cents, for issuing process and making copy one dollar, each additional copy fifty cents; recording Judgment proceeding, twenty-five cents; each claim case, seventyfive cents, issuing and docketing Fi. Fa., thirty-five cents, each lien foreclosure, one dollar; filing proceedings in possessory warrant, one dollar; docketing distress warrants or other warrants not provided for, twenty-five cents; provided further, that where the amount sued for or involved, is one hundred dollars or less, the entire costs of the clerk shall not exceed two dollars; for amounts over five hundred dollars the clerk shall be entitled to the same costs as Clerk of the Superior Courts. Fees in criminal cases, same as in Superior Court. Proviso.
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Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. GREENSBORO CITY COURT ABOLISHED; TRANSFER OF CASES. No. 269. An Act to repeal an Act entitled An Act to create the City Court of Greensboro, in the City of Greensboro and for the County of Greene; 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 August 16, 1912, and all Acts amendatory thereof; to provide when such repeal shall become effective; to provide for the transfer of all cases, civil and criminal, and all matters pending in said City Court of Greensboro to the Superior Court of Greene County, Georgia; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act creating the City Court of Greensboro, entitled as follows: An Act to create the City Court of Greensboro, in the City of Greensboro and for the County of Greene; 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 August 16, 1912, be and the same is hereby repealed, together with all Acts amendatory thereof, and said City Court of Greensboro is abolished; provided, however, such repeal of said Act and the abolition of said court shall not become
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effective until and after January 1, 1925, said court remaining a legally constituted court until said last-named date. Court abolished after January 1, 1925. Sec. 2. Be it further enacted by the authority aforesaid, That all cases pending in said City Court of Greensboro, both civil and criminal, and all writs, claims and processes, either mesne or final, of whatever nature, on said date of January 1, 1925, shall be and the same are hereby transfered to the Superior Court of Greene County, Georgia; and all suits filed to said City Court where service has been perfected, and standing for trial or disposition at the December term 1924 of said court, and not disposed of, shall stand for trial at the January term 1925 of Greene Superior Court; and if said cause has not been reached on the appearance docket of said City Court, the appearance term of such cause shall be the January term 1925 of Greene Superior Court. Transfer of cases. Trial and return term. Sec. 3. Be it further enacted by the authority of the same, That all dockets, minutes, records books and papers of said City Court, shall be and the same hereby are, when this Act becomes effective, transferred to the Clerk of Greene Superior Court, to be preserved by him as part of the records of said Superior Court. All claims, illegalities and other issues arising on any execution or mesne or final process issued from said City Court of Greensboro, after this Act is effective, shall be returnable to and determined by the Superior Court of Greene County, as though the same had been issued from said court. Transfer of records, etc. Sec. 4. Be it further enacted by the authority aforesaid, That all motions for new trials pending in the City Court of Greensboro at the time this Act becomes effective, shall be heard and determined by the Judge of Greene Superior Court; and when judgment is rendered in the Court of Appeals or Supreme Court of Georgia in any case pending therein from said City Court, the Clerk of said Appellate Court shall transmit the remittitur in such case to Clerk of Greene Superior Court, where it shall be made the judgment of said court as having jurisdiction therein. Motions for new trial, etc. Sec. 5. Be it further enacted by the authority aforesaid, That all executions, judgments and other final processes issued
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from said City Court of Greensboro prior to the date when Act becomes effective, are not affected hereby, but are and remain of full and binding force and effect. Judgments, etc., not affected. Sec. 6. 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 15, 1924. GREENVILLE CITY COURT; FEES OF CLERK AND SHERIFF. No. 354. An Act to amend an Act entitled an Act to establish the City Court of Greenville, in and for the County of Meriwether, to define its jurisdiction and powers, and for other purposes, approved December 13, 1899, and the Acts amendatory thereof by striking from lines two and three of Section IX of the original Act the following words: Unless otherwise specified in this Act; and also striking from line five of said section the following words: Except they shall receive no per diem, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act creating and establishing the City Court of Greenville, approved December 13, 1899, and the Acts amendatory thereto, be amended as follows: By striking from lines two and three of Section IX of the original Acts the following words: Unless otherwise specified in this Act; and also striking from line five of said section the following words: Except they shall receive no per diem, so that said Section IX when so amended shall read as follows: Sec. IX. Be it enacted by the authority aforesaid, That the Clerk and Sheriff of said Court and their Deputies shall receive for all services the same fees as are allowed by law for like services in the Superior Court; they shall be amenable
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to the same processes and penalties as they are now amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said City Court as they are now entitled to in the Superior Court. Fees same as in Superior Court. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. HINESVILLE CITY COURT STENOGRAPHER. No. 448. An Act to amend an Act establishing the City Court of Hinesville, in and for the County of Liberty, approved August 9, 1916, as amended by certain Acts amendatory thereof, approved August 14, 1917, respectfully [respectively?], so as to provide for the appointment of the Reporter or Stenographer for said court and provide for his or her salary or pay. Section 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 the 9th, 1916, establishing the City Court of Hinesville in and for the County of Liberty, and the Acts amendatory thereof be and the same is hereby amended as follows. Sec. 2. That there shall be a Reporter or Stenographer of the City Court of Hinesville, appointed by the judge thereof, and all civil cases tried 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 services in the Superior Court. In criminal cases he shall be paid on a basis of $12.50 per diem for services rendered in such misdemeanor cases as are directed
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by the said judge 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 additional cost, when deemed necessary by the said judge of said court, and said stenographer shall be a resident of the said County of Liberty, if such an one resides therein. Appointment. Pay. Residence. Sec. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 13, 1924. HOUSTON COUNTY, CITY COURT OF, ABOLISHED IF PEACH COUNTY IS CREATED. No. 306. An Act to repeal an Act entitled An Act to establish a City Court in or 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 to provide when the provisions thereof shall become effective, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act and when the provisions thereof shall become effective, the Act approved August 8, 1908, establishing the City Court of Houston County, in and for the County of Houston, and all Acts amending said Act heretofore referred to in above caption are hereby repealed.
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Sec. 2. Be it further enacted, That from and after December 31, 1924, the said City Court of Houston is hereby abolished; Provided the Act amending the Constitution of Georgia for the creation of Peach County passed at the 1924 Session of the General Assembly shall be ratified by the people as provided therein. Court abolished if Peach County created. 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 power 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, etc. 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 committee on bond shall be considered valid to serve his presence at the next term of the Superior Court of Houston County. Transfer of criminal cases. Sec. 5. Be it further enacted, That such motions for new trial as may be pending in the City Court of Houston County, when this Act becomes effective, shall be heard by the Judge of the Superior Court of the Macon Judicial Circuit, and that
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when after this Act becomes effective, judgment is rendered in the Supreme Court of Georgia, or the Court of Appeals of Georgia, in any cases pending therein from the City Court of Houston County, the clerk of the high court shall send the remittance 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, etc. 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. Records. Sec. 7. Be it further enacted by the authority aforesaid, that this Act shall go into effect December 31, 1924; provided, however that its provisions shall not become of force and effect unless this Act passed at the 1924 Session of the General Assembly, providing for an amendment to the Constitution of the State creating Peach County shall be ratified by the voters of the State in the general election as provided therein. When effective. Sec. 8. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1924. JESUP CITY COURT SOLICITOR'S QUALIFICATIONS No. 346. An Act to amend Section 4 of an Act approved July 31, 1916, creating the City Court of Jesup with reference to qualifications of the Solicitor of 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 of this Act Section four of an Act, approved July 31, 1916, be and the same is hereby amended by striking from said Section four, beginning with the twentyfifth line thereof, the following: He must be at least twentyfive
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years of age and a resident of Wayne County for three years immediately preceding his appointment, and must have been in the active practice of law for four years, and substitute therefor the following: He [the Solicitor of said Court] must be at least twenty-three years of age and resident of Wayne County for three years immediately preceding his election or appointment, and must have been in the active practice of law for one year. Solicitor's qualifications. Sec. 2. Be it further enacted by authority aforesaid that all laws in conflict with this law be and the same are hereby repealed. Approved August 6, 1924. METTER CITY COURT; COSTS OF CLERK AND SHERIFF. No. 327. An Act to amend an Act entitled An Act to establish the City Court of Metter, in the City of Metter, in the County of Candler, approved July 29, 1920, and amended August 10, 1921, and August 11, 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 Section 33 of an Act approved July 29, 1920, establishing the City Court of Metter in and for the County of Candler, be amended as follows: 1. By striking from the twentieth line of Section 33 the word not in the original Act. 2. By striking from the twenty-first line of Section 33 the word or and inserting in lieu thereof the word and so that the section when amended will read as follows: Sec. 33. Be it further enacted by the authority aforesaid, that all moneys arising from fines and forfeitures in said City Court shall be paid over to the Clerk of said Court, and upon
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the order of the judge thereof, said moneys shall be divided as follows: One-half of such money shall be turned over to the county authorities of Candler County immediately after same is received by said clerk; and immediately after each quarterly term of said court one-fourth of such money shall be paid to the clerk of said court and one-fourth to the sheriff of said court, provided that the insolvent cost bill of said clerk equals or exceeds such one-fourth, and provided that the insolvent cost bill of said sheriff equals or exceeds such one-fourth. In the event the insolvent cost bill of the clerk or sheriff does not equal in amount to such one-fourth cost bill to be fully paid and the balance of such one-fourth to be paid over to the county authorities aforesaid. In the event that the insolvent cost bill of the clerk or sheriff should not be fully paid at any settling period, such unpaid balance shall be carried forward and figured in the next or subsequent settlement. Fines, etc., apportionments of. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1924. MILLER COUNTY, CITY COURT OF, ELECTION TO ABOLISH. No. 319. An Act to abolish the City Court of Miller County, and to repeal an Act to establish a City Court in and for Miller County, approved August 16, 1905, together with all amendatory Acts to same, and to provide a referendum on said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and is is hereby enacted by the authority of the same, that an Act entitled An Act to establish a City Court in and for Miller County, and for other purposes, together with all amendatory Acts to the same, be and the same is hereby repealed. Repeal of Act creating court.
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Sec. 2. Be it further enacted, that all litigation now pending in said court, both civil and criminal, be, and the same, upon this law going into effect, shall be immediately transferred to the Superior Court of Miller County, in which court said cases shall be tried under the rules and laws governing the trial of cases in the Superior Court. Transfer of cases. Sec. 3. That this law shall not go into effect until January 1st, 1925. When effective. Sec. 4. That before this law shall become effective, the legally qualified voters of Miller County shall, at an election held for said purpose on September 10, 1924, in each voting precinct of said County of Miller, vote upon the repeal of said City Court and the abolishment of same. At said election those favoring the repeal of said Act shall have written or printed on their ballots: For the repeal of the City Court of Miller County; and those favoring the retention of said court shall have written or printed on their ballots the words: Against the repeal of the City Court Act of Miller County. If a majority of the registered voters of Miller County vote at said election for the repeal of the City Court Act of Miller County, when consolidated and returned as provided by law, then said City Court of Miller County shall be abolished and the Act creating same, together with all amendments, shall be repealed, effective January 1st, 1925. Referendum. Sec. 5. That all laws in conflict with this Act are hereby repealed. Approved August 2, 1924. SANDERSVILLE CITY COURT JUDGE'S SALARY INCREASED. No. 450. An Act to amend an Act entitled an Act to create the City Court of Sandersville in and for the County of Washington; to prescribe the powers and duties thereof; to provide for
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the officers thereof; to provide for the compensation of said officers, and for other purposes, approved October 31, 1901, and an Act amendatory of said Act; approved August 23, 1905 (Acts 1905, pp. 346-350 inclusive), and as further amended by an Act approved August 22, 1907 (Acts 1907, pp. 230-233 inclusive), and the several Acts amendatory thereof, so as to increase the compensation of the Judge of the 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 passage of this Act as hereinafter provided, that Section 2 of an Act entitled an Act to create the City Court of Sandersville in and for the County of Washington, to prescribe the powers and duties thereof; to provide for the officers thereof; to provide for the compensation of said officers, and for other purposes, approved October 31, 1901, and an Act amendatory of said Act, approved August 23, 1905, and further amended by an Act of the General Assembly approved August 22, 1907, providing an increase of the compensation of the officers of said court, be, and the same is hereby amended by striking out the word twelve after the word of and immediately preceding the word hundred in the eighth line of said section and inserting in lieu thereof the word fifteen, so that said section as amended, by the several Acts amendatory thereof, when so amended by the provisions of this Act, shall read as follows: Sec. 2. Be it further enacted by the authority aforesaid, that there shall be a Judge of said City Court of Sandersville, whose election, term of office and qualifications shall be and remain as now fixed by law, and who shall receive a salary of fifteen hundred dollars per annum, which shall be paid to them monthly by the County Commissioners of the County of Washington, or other proper authorities having charge of said funds of said County of Washington, and it shall be the duty of the Commissioner of Roads and Revenues of said county, or other proper officers, to make provisions annually in levying taxes for this purpose. Said salary shall not be increased or diminished during the term of office of said
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judge. The judge shall receive no other compensation, but may practice law in any court, except his own. Increase o salary. Sec. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall go into effect January 1, 1925. Effective January 1, 1925. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 13, 1924. SOPERTON CITY COURT; ATTACHMENTS; SALARIES OF JUDGE AND SOLICITOR. No. 449. An Act amending an Act establishing the City Court of Soperton, approved August 18, 1919, as amended by certain amendatory Acts, to-wit: The Act approved August 10, 1920, and an Act approved August 20, 1923, this amendatory Act providing for return of attachments, distress warrants 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 10 on page 524 of the Acts of 1919, Georgia Laws for 1919, of the original Act creating the City Courts of Soperton be amended by adding to Section 10 of said Act the following: Any Justice of the Peace or any other judicial officer issuing attachments or distress warrants in said county may make the same returnable to the City Court of Soperton. Attachments returnable to city court. Sec. 2. Be it further enacted by the authority aforesaid that all of Section 1, on page 184, of the Acts of 1923, Georgia Laws of 1923, be and the same is hereby stricken out and the following substituted in lieu thereof: That from and after January 1, 1925, the Judge of the City Court of Soperton shall receive a salary of $1,200.00 per annum, and from the
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passage of and approval of this Act until January 1, 1925, he shall rceive his present salary, to-wit; $1,500.00 per annum, said salary to be paid as in original Act provided. Salary of Judge. Sec. 3. Be it further enacted by the authority aforesaid that all of Section 2, on page 184 of the Acts of 1923, Georgia Laws of 1923, be and the same is hereby stricken out and the following substituted in lieu thereof. That from and after January 1, 1925, the Solicitor of the City Court of Soperton shall receive a salary of $720.00 per annum and from the passage and approval of this Act and until January 1, 1925; he shall receive his present salary, to-wit: $1,200.00 per annum, said salary to be paid as in original Act provided. Salary of Solicitor. 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 13, 1924. WRIGHTSVILLE CITY COURT; QUALIFICATIONS OF JUDGE AND SOLICITOR; SUCCESSION IN OFFICE. No. 262. An Act to amend an Act creating the City Court of Wrightsville, in Johnson County, Georgia, etc., approved August 19, 1912, by defining the qualifications of the Judge of said court; by defining the qualifications of the Solicitor of said court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act approved August 19, 1912, creating the City Court of Wrightsville in Johnson County, Georgia, shall be amended by striking from Section four of said Act the following words: That any person [who?] shall be elected Judge of said court must at the time of said election have been a resident of Johnson
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County at least five years immediately preceding his election, and he must also have been a practicing attorney at least ten years before his election, and inserting in lieu thereof, the following words: That any person who shall be elected Judge of said court must at the time of his election have been a resident of Johnson County at least four years immediately preceding his election, and he must also have been a practicing attorney at least four years immediately preceding his election, so that when said Section four of said Act, creating the City Court of Wrightsville in Johnson County, Georgia, approved August 19, 1912, is amended, the whole of said Section four shall read as follows: That any person who shall be elected Judge of said court must at the time of said election have been a resident of Johnson County at least four years immediately preceding his election, and he must also have been a practicing attorney at least four years before his election, he shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: `I do solemnly swear that I will administer justice without respect to persons and do equal right to the poor and rich, and that I will faithfully and impartially discharge and perform all duties which may be required of me as Judge of the City Court of Wrightsville, of this State, according to the best of my ability and understanding, agreeble to the laws and Constitution of the State, and the Constitution of the United States, so help me God.' Said oath shall immediately thereafter by the Ordinary of said county be sent to the Governor and filed in the executive department. Said Judge may practice law in any other court except the court created by this Act. The Judge of said court shall have power to draw warrants on the County Treasurer for payment of all incidental expenses of said court not herein provided for. Amendment. To read. Qualifications of Judge. Sec. 2. Be it further enacted that Section five of the Act approved August 19, 1912, creating the City Court of Wrightsville in Johnson County, Georgia, be amended by striking from said Section five the words: He must have been a resident of Johnson County at least five years immediately preceding election and must have been a practicing attorney at least
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five years immediately preceding his election or appointment, and inserting in lieu thereof the following words: He must have been a resident of Johnson County at least one year immediately preceding his election and must have been a practicing attorney at least one year immediately preceding his election or appointment, so that when said Section five of said Act creating the City Court of Wrightsville in Johnson County, Georgia, approved August 19, 1912, shall have been amended the whole of said Section five shall read as follows: That there shall be a Solicitor of said Court of Wrightsville, who shall be elected by [the?] qualified voters of said county in the same manner, and at the same time and place that members of the General Assembly are now elected or may hereafter be elected, whose term of office shall be two years and until his successor is elected and qualified, and any and all vacancies in said office shall be filled in the same manner as vacancies in the office of Judge shall be filled. He must have been a resident of Johnson County at least one year immediately preceding his election and must have been a practicing attorney at least one year immediately preceding his election or appointment. He shall take the same oath as required of Solicitors-General. He shall prosecute all cases cognizant before the court. He shall represent the State in each case carried to the Supreme Court or Court of Appeals from said City Court. He shall draw all accusations for the trial of offenses in said court, which accusations shall be based on affidavits as hereinafter provided. He shall receive for his services the same fees as Solicitors-General of this State are allowed by law for similar service, except that in all gaming or gambling cases he shall receive only ten dollars for each case. In the absence or disqualification of the said Solicitor, the Judge of said court shall appoint a Solicitor pro tem., who shall receive the same fees as are the regularly appointed Solicitor of said court; provided, that in all indictments or presentments transferred from the Superior Court to the said City Court, the Solicitor of said City Court, or the Solicitor pro tem., shall receive only the sum of five dollars for each case so transferred and finally disposed of in said City Court. Amendement. To read. Qualifications of Solicitor.
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Sec. 3. Be it further enacted by the authority aforesaid, that Section forty-four of the Act approved August 19, 1912, creating the City Court of Wrightsville, be amended by striking from said Section forty-four the words, and such Judge shall not be eligible to succeed himself until after the lapse of one full term of four years. Judge ineligible for next term. Sec. 4. Be it further enacted by the authority aforesaid that Section forty-five of the Act approved August 19, 1912, creating the City Court of Wrightsville, be amended by striking from said section the following words: such solicitor shall not succeed himself until after the expiration of one full term of two years. Solicitor ineligible for next term. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 10, 1924.
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TITLE II. Solicitors-General, Salaries, Etc. ACTS. Atlanta Circuit; Salary of Solicitor-General. Middle Circuit; Increase of Salary of Solicitor-General. ATLANTA CIRCUIT; SALARY OF SOLICITOR-GENERAL. No. 399. An Act to abolish the fee system now existing in the Superior Court of the Atlanta Judicial Circuit, as applied to the office of Solicitor-General, and all fees now, heretofore or hereinafter accruing to the office of Solicitor-General in said circuit, in so far as the same constitutes compensation attached to said office; to provide for the payment of a salary to the 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 appointment of assistants to the Solicitor-General; to provide for the payment of salaries to the said assistants, clerks and other employees; to provide for the disposition of fines, forfeitures and fees, including insolvent costs, accruing to the office of Solicitor-General in the said Atlanta Judicial Circuit; to impose certain duties on 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 an incidental and contingent fund for the use of the Solicitor-General of said circuit; to provide for the establishment of a commission of grand jurors, and to prescribe the duties of same.
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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same as follows: Section 1. The fee system now existing in the Superior Court of the Atlanta Judicial Circuit, as applied to the office of Solicitor-General, and all fees now or heretofore or hereafter accruing to the office of Solicitor-General in said Judicial Circuit be and the same are hereby abolished in so far as the same constitute the compensation of the said Solicitor-General, but the same schedule of fees and costs prescribed under existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of Fulton County, which county constitutes the said Judicial Circuit, as provided by Section 3 of this Act, and the Solicitor-General of said Judicial Circuit shall hereafter be paid a salary as hereinafter provided for in lieu of the fees as under the present system of compensation. Salary instead of fees. Sec. 2. The statutory salary of the Solicitor-General for the said Judicial Circuit shall be the sum of twelve thousand dollars per annum, which shall be in addition to the salary of two hundred and fifty dollars per annum prescribed by Paragraph 1, Section 13, of Article 6 of the Constitution of this State, and the said statutory salary shall be paid out of the general treasury of Fulton County, and it shall be and it is hereby made the duty of the Commissioners of Roads and Revenues of Fulton County, or such other board or persons as may from time to time exercise the same or similar powers as are now exercised by said commissioners to cause said statutory salary to be paid to the Solicitor-General in monthly installments of one thousand dollars per month, which shall begin to accrue immediately when this Act shall become effective. The funds for the payment of the salary of said Solicitor-General shall be provided by the Commissioners of Roads and Revenues in the same manner and from the same source as the operating expenses of Fulton Superior Court, and as a part thereof. The said statutory salary shall be in full payment for all of the services of the said Solicitor-General in criminal cases except as to service in the Supreme Court and the Court
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of Appeals of Georgia, which latter services shall be compensated as now provided by the general laws of this State. $12,000.00 per annum from county. Sec. 3. In the distribution among officers of the court of all cost, both in particular cases or matters and all insolvent costs and fines, forfeitures and fees paid into the Superior Court of the said Atlanta Judicial Circuit, or which may become due and payable therein, the County of Fulton shall be subrogated to the rights and claims of the Solicitor-General of said circuit, and any former Solicitor-General, and shall stand in their places and stead and shall be entitled to all funds, moneys and emoluments accruing to the said office in the said judicial circuit; and hereafter when orders on the insolvent funds or other judgments or findings are entered or approved in behalf of other officers of the court instead of the same being entered and approved in the name of the Solicitor-General as under the present system, the same shall be entered and approved in the name of the Solicitor-General for the use and benefit of Fulton County. All cost both in particular cases or matters, and all insolvent cost and all fines, forfeitures and fees and all moneys and emoluments accruing to the office of the Solicitor-General in the Atlanta Judicial Circuit, under any laws heretofore or now existing or which may hereafter be enacted, shall be collected by the Solicitor-General of said circuit and paid by him into the treasury of said county. All of which said sums shall be the property of Fulton County and shall be paid by the Solicitor-General into the treasury of Fulton County. The Solicitor-General of said circuit shall make monthly written reports to and settlements for the amounts so collected and make payments and remittances thereof to the treasurer of said county, and shall furnish a duplicate of said statement and settlement to the Commissioners of Roads of Revenues, or other board or persons as may from time to time exercise the administrative powers of said county. Said Solicitor-General of said Judicial Circuit shall keep accurate, detailed, and exact record of all fees and emoluments, including insolvent costs, earned by the Solicitor-General for said circuit, from any and all sources whatsoever arising within the Judicial Circuit, which records
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shall be at all times subject to the inspection and inquiry of the Grand Jury and of the Commissioners of Roads and Revenues of said county. Fees, fines, etc., to go to county treasury; collection and account. Sec. 4. The Solicitor-General of said Judicial Circuit shall diligently and faithfully collect all fees, fines and forfeitures that may occur and become due in the Superior Courts of said circuit and shall accurately account for and pay the same over to the treasury of said county. The Solicitor-General shall give bond in the sum of twenty-five thousand dollars in a corporate surety company which has qualified under the laws of Georgia to do business in said State and which has and maintains an office and place of business in Fulton County. The premium on said bond shall be paid by the county as a part of and in the same manner as the other operating expenses of the Criminal Division of Fulton Superior Court. Wilful failure or refusal to pay over to the treasury of Fulton County, or to such other officer authorized by law to receive the same, all moneys collected for the said county under this Act, shall constitute embezzlement, and shall be punished as such, and when any person makes affidavit before the Court or Grand Jury, that in his judgment the Solicitor-General is guilty of such embezzlement, and that he desires to prosecute him, or the Grand Jury may present him for such an offense, the court must instanter appoint some competent attorney-at-law to draw a bill of indictment, and, when there is a true bill found, to put the Solicitor-General under a recognizance or in prison, until the appearance of the proper prosecuting officer; and the Governor of the State, upon the presentment of such facts to him, must suspend such Solicitor-General from office, pending the disposition of the case upon such indictment, and upon conviction the said Solicitor-General shall, by order of the Governor, be removed from office and a new Solicitor-General appointed for the unexpired term. These remedies and provisions are not exclusive but cumulative and in addition to all existing and future laws applicable in cases of misfeasance, malfeasance and nonfeasance in office. Bond of Solicitor-General. Embezzlement of money collected.
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Sec. 5. The Solicitor-General of the said Judicial Circuit shall have the power, and he is hereby empowered to appoint two assistant Solicitors-General, and shall require from each of them bond in the sum of five thousand dollars of the same nature and character as the bond of the Solicitor-General, the premiums on said bonds to be paid by the county in the same manner as the premium on the bond of the Solicitor-General. Their powers and duties when acting for the Solicitor-General, shall be the same as those of the Solicitor-General. They shall not serve beyond the term of their principal and shall be subject to removal at any time by the said Principal. Assistants, authority to appoint two. Bond of Assistant. Term of service. The salary of the first assistant Solicitor-General shall be six thousand dollars per annum, and the salary of the second assistant Solicitor-General shall be four thousand two hundred dollars per annum, the same to be paid in equal monthly installments out of the Treasury of Fulton County as a part of the operating expenses of the court, the funds therefore to be provided in the same manner as the other operating expenses of said court. Salary of 1st Assistant, $6,0000.00; 2d Assistant, $4,000.00. Sec. 6. On or before November 20, 1924, the Solicitor-General, who shall have been elected and whose term begins January 1, 1925, shall prepare and file with the Commissioner of Roads and Revenues of Fulton County a detailed statement of the number and nature of assistants and Clerks and other employees needed and the amount necessary to be expended for such assistants, clerks and other employees of said office for the year 1925, other than the assistant Solicitors-General provided in Section 5, and on or before the 20th day of November thereafter shall file a like statement showing in detail the requirements of said office for the year beginning January 1st thereafter. The Commissioners of Roads and Revenues of said county shall, not later than the 1st Monday in December, after the filing of said statement, take up and consider with the Solicitor-General the same and shall fix an aggregate sum to be expended for the period covered by said statement as compensation for such assistants, clerks and other employees of said office, having regard to the amount of labor necessary
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to be performed by those to receive the same, the salary of such clerks and other employees to be paid monthly at the same time as the salary of the Solicitor-General is paid, the funds therefore to be provided in the same manner as the other operating expenses of said court. The Solicitor-General shall have full power and authority to appoint and employ, to fix the compensation of, and to discharge such assistants, clerks, and other employees as above provided for, and the said compensation shall not exceed the sum allowed by the said commissioners for said purpose. If at any time during the period for which said salaries are fixed the commissioners should decide, after conference with the Solicitor-General, that the salaries or any of them are inadequate or excessive the same may at any time during the year be readjusted to take effect during the succeeding month after said adjustment is made subject to the approval of the commission created in Section 10 hereof. Other employees and clerks, statement as to number and pay of to be filed by Solicitor-General, when. Commissioners to fix aggregate sum. Authority of solicitor, as to employment, discharge, salaries. Sec. 7. The Commissioners of Roads and Revenues of Fulton County shall have and are hereby given authority to provide Solicitor-General a contingent fund for incidental and emergency expenses, the same to be paid out of the general funds of said county and as a part of the operating expenses of the Superior Court. The Solicitor-General shall furnish said commissioners accurate vouchers therefor. Contingent fund for expenses. Sec. 8. Nothing in this Act shall be constructed to affect the compensation now allowed by law to Solicitors-General of this State for appearance in criminal cases in the Supreme Court and the Court of Appeals of this State. Fees in appellate courts, not affected. Sec. 9. Nothing in this Act shall be constructed to affect the duty of the Commissioners of Roads and Revenues of said county to furnish the Solicitor-General with a special criminal bailiff under the provisions of Section 808 of the Penal Code of this State. Special bailiff under P. C. 808. Sec. 10. The salaries provided for in Section 6, and the contingent fund provided for in Section 7, thereof, shall not be allowed or paid until approved by a commission to be created as follows: Special commission to approve salaries, etc.
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Said Commission shall consist of the six foremen of the Grand Juries of Fulton County for the current year. They shall be summoned for the first Monday in December of each year to serve until the first Monday in December of the next succeeding year, or until their successors have been sworn in. They shall be sworn in, serve and be paid for their duty as provided by law for regular Grand Jury service. They shall immediately elect a chairman. Four or more members shall constitute a quorum. A majority vote shall control. The chairman will vote only when necessary to decide a tie vote. The session of said commission may be adjourned from day to day or time to time if necessary, until their duties shall have been performed, when they shall be discharged by the presiding judge. Commission composed of 6 foremen of Grand Juries. Organization, term, etc. Should any foreman of a Grand Jury for the current year be dead or legally excused from service the presiding judge shall apoint a substitute from the Grand Jury whose foreman has been excused or is dead. The findings of said Commission shall be endorsed on the written estimate submitted to them by the Solicitor-General or the Commissioners of Roads and Revenues, and signed by each Grand Jury Commissioner present. When thus approved the same shall be spread upon the minutes of the Commissioners of Roads and Revenues. Findings of Commission. Sec. 11. If any provision of this Act shall be held to be unconstitutional, such provisions alone shall be invalid and other parts of the Act shall be unaffected thereby and shall be and remain in full force and effect. Void part of Act, not invalidate whole. Sec. 12. This Act shall become effective on January 1' 1925. Effective when. Sec. 13. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved August 11, 1924.
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MIDDLE CIRCUIT; SALARY OF SOLICITOR-GENERAL INCREASED. No. 406. An Act to amend an Act of the General Assembly of Georgia of 1918, pages 381, et sequitur, and approved August 16, 1918. Said original Act of 1918 abolishing the fee system now existing in the Superior Court of the Middle Judicial Circuit as applied to the office of the solicitor-general, and providing for the disposition of all fees, fines and forfeitures accruing to the office of solicitor-general and providing for a salary for said solicitor-general as prescribed in Paragraph one of Section thirteen of Article seven of the Constitution of this State, and providing for the proration among the counties of said circuit of said salary. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 2 of the Act of the General Assembly of this State of 1918, approved August 16, 1918, be amended by striking out the lines two and three of said section, the following words and figures: Three thousand two hundred and fifty ($3,250.00) dollars, and inserting in lieu thereof the following: Four thousand ($4,000.00); further by striking from said Section two of said original Act, in the thirteenth line of said section, the figures 1910, and inserting in lieu thereof the figures 1920; further by striking from the thirty-third line and the thirty-fourth line, in said Section two of said original Act, the following words and figures: three thousand two hundred and fifty ($3,250.00) dollars; and inserting in lieu thereof the following: ($4,000.00), so that when said Section two shall be amended the same will read as follows: Act amended. To read. Sec. 2. The salary of the solicitor-general of said Middle Judicial Circuit shall be the sum of four thousand ($4,000.00) dollars per annum in addition to the salary of $250.00 per annum prescribed in Paragraph 1, Section 13 of Article 6 of the Constitution of this State, which said salary (additional to the constitutional salary of $250.00 per annum), shall be paid pro rata out of the general treasuries of the various
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counties composing said circuit upon the basis of population; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its population bears to the total population of all of the counties in said circuit, according to the official federal census of 1920, until the completion and promulgation of the next official federal census, and then in like manner, according to such succeeding official census, and so on. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters in each of said counties to cause the part of portion of said salary so assessed against each of said counties to be paid to said solicitor-general quarterly in each year out of the funds of said counties; that is to say on the first days of April, July, October, and January, and upon regular county warrants issued therefor, and it is further made the duty of said ordinaries, county commissioners, or other county authorities having control of county matters, to make provision annually when levying taxes for expenses of courts for levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth, and the power to levy taxes for such purpose is hereby delegated to said counties. Salary $4,000.00, plus $250.00. Said salary of four thousand ($4,000.00) dollars and the constitutional salary of $250.00 shall be in full payment for all of the services of said solicitor-general for all traveling and other expenses and for all sums paid out by said solicitor-general for clerical aid and legal assistants engaged or employed by him except as provided in Section 5 of this Act. Sec. 3. Be it further enacted, That Section 6 of said Act be entirely stricken, and in lieu thereof that the following be enacted, to-wit: Sec. 6. This Act shall not go into effect until the first day of January, 1925. Sec. 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924.
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TITLE III. County Matters. ACTS. Appling Commissioners, Chairman's Salary and Tax Limit Increased: Employment of Relatives. Appling: Road Duty. Per capita Tax Increased; Overseer's Duties, Bond, Pay. Bacon Commissioners; election of Chairman, etc.; Pay; Ordinary as Clerk. Baker Commissioners, Increase of, and Quorum; Election; Terms; Referendum. Banks and Habersham Road Work in Baldwin. Bartow Commissioner and Clerk. Bartow Game Protection. Bryan Board of Commissioners Abolished. Bryan Board of Commissioners Created. Bryan Treasurer; Office Established. Bulloch Board of Commissioners Created. Camden Commissioners; Number, Districts, Election, Pay, etc. Campbell Commissioners, Pay of, and Clerk. Candler Commissioners, Chairman's Pay. Carroll Commissioner's Salary, Election to Increase. Cherokee Commissioner's Salary Increased. Clarke County Hospital, Authority to Establish; Election as to Bonds. Clarke County Tuberculosis Hospital, Authority to Establish; Bond Election. Clinch Commissioners; Districts Decreased; Compensation Changed. Coastal Highway District Composed of Coast Counties, Corporate Powers, etc. Cobb Commissioner, Election to Create Office. Cobb Commissioners, Conditional Repeal of Act Creating Board. Coffee County Depository; Security Required. Dawson Commissioners, Ordinary to be Chairman; Pay. DeKalb Commissioner's Salary Increased. Early Commissioners, Primary Election for. Elbert Tax Emption, Election as to. Forsyth Commissioners, Repeal of Act Creating Board, etc. Gilmer Commissioner; Office Created, Commissioner Named. Glynn Commissioners, Regulation by, of Use of Navigable Waters, etc.; Penalty. Gordon Commissioner's Salary Increased; Returns by Persons Subject to Road Duty. Hancock Treasurer: Office Established. Henry County Commissioners; Increase of Pay of Chairman. Jackson Treasurer; Office Abolished; County Depository, etc. Jones Commissioners' Terms Changed; Pay. Long Commissioners' Clerk, Pay of. Meriwether Commissioners, Pay of. Miller Commissioners' Authority as to Working Convicts. Murray Commissioners; Man to have Charge of Roads, Bridges, etc. Muscogee Treasurer; Office Abolished; Depositories; Clerk of Commissioners, Disbursing Agent. Pulaski Commissioner's Clerk; Duties; Salary. Richmond Bonds for Schools, Election as to.
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Richmond School Books to be the same as adopted by State Board of Education. Richmond School Tax Limit. Richmond School Trustees, Changes in Membership. Richmond School Trustees from City Wards. Seminole Commissioners' Clerk; Ordinary to be ex officio Clerk. Seminole Treasurer's Salary and Bond. Taylor Treasurer's Salary Increased. Towns and Union; Fishing in Brasstown Creek above Young Harris College Dam Prohibited. Towns; Repeal of Act Prohibiting Sale of any Drink in mile of Young Harris College. Treutlen Treasurer; Office Abolished, Custodian Substituted. Union Treasurer's Salary. Wheeler Board of Commissioners Abolished. Wheeler Commissioner, Office Created. Wilcox Tax Limit; Warrants not to exceed Revenue. APPLING COMMISSIONERS, CHAIRMAN'S SALARY AND TAX LIMIT INCREASED; EMPLOYMENT OF RELATIVES. No. 347. An Act to amend an Act approved August 15, 1922, entitled An Act to amend an Act approved July 29, 1915, an Act to create a Board of Commissioners of Roads and Revenues of the County of Appling, State of Georgia, prescribe their powers and duties, to fix their compensation and for other purposes, by amending Section 14B of said amendatory Act by changing the maximum amount of salary therein prescribed, to change the amount of taxes to be levied, and by striking from said Act Section 14M, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by virtue of authority of same, that Section 14B of an Act approved August 15, 1922, be and the same is hereby amended by inserting in the seventh line thereof, after the word Hundred and before the word Dollars the words and fifty, so that the said Section of such Act when amended shall read as follows: Amendment.
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Sec. 14B. It shall be the duty of such chairman to devote all or such part of his time as may be required by said board and as may be necessary to fully perform the duties required and to perform such part of the functions of said board as it may require, and the compensation of such chairman shall be fixed by said board, and shall not be in excess of the sum of one hundred and fifty dollars per month; and he may be allowed in addition to this an expense account not in excess of one dollar per day for the time he is actually out in the performance of his duty. Provided further, That said Board of Commissioners shall not receive said salary save and except upon the recommendation of the Grand Jury of Appling County, Georgia, sitting in term time, and upon such recommendation such board may increase such salary to an amount not in excess of the amount herein provided for. To read. Salary. Sec. 2. Be it enacted by the authority aforesaid, That the words, one and one-half appearing in the fourth line of Section 14H be and the same is hereby striken from said section, and in lieu thereof the words fifteen be inserted so that said section when so amended will read as follows: Amendment. Sec. 14H. Be it further enacted by authority aforesaid, That said Board of Commissioners of Roads and Revenues are hereby prohibited from levying a tax of more than fifteen mills for all purposes for any one year, nor shall said County Commissioners of Roads and Revenues of said county levy at any time any additional tax to pay any further bonded indebtedness that may now be in the course of validation; provided, that the Grand Jury of said county may, sitting immediately preceding a levy any given year, recommend a higher levy for carrying on the necessary correct expenses of said county, but the Grand Jury of said county shall not have the right under the provision of this Act and amendment, to recommend a tax levy for any future bond issue or any bond issue that may now be in process of validation. To read. Tax limit. Sec. 3. Be it further enacted by virtue of the authority aforesaid, That Section 14M be and the same is hereby stricken from said Act. Section prohibiting employment of relatives, etc. stricken.
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Sec. 4. Be it further enacted by virtue of authority aforesaid that all laws and parts of laws in conflict of this Act be and the same are hereby repealed. Approved August 6, 1924. APPLING; ROAD DUTY, PER CAPITA TAX INCREASED; OVERSEER'S DUTIES, BOND, PAY. No. 335. An Act to amend an Act approved July 29, 1915, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, prescribe their powers and duties, to fix their compensation, and for other purposes, by amending said Act by changing the amount of per capita tax, and by providing for supervision of the working of the road hands, and for other purposes. Section 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by virtue of authority of same, That an Act approved July 29, 1915, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, prescribe their powers and duties, to fix their compensation, and for other purposes, be amended by striking the word three in the eighth line of Section 11, immediately after the word county and preceding the word days and adding in lieu thereof the word five, and by striking the word three on the first line of page 145 of said Act, same being the first word of said Act on such page, and adding in lieu thereof the word five, so that said section when amended will read as follows: Amendment. To read. Sec. 11. The general laws of said State now in force in said County of Appling shall govern said commissioners in the collection of the per capita tax, in the summoning of road hands
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to work upon the roads, the trial and fining of road defaulters, except that each male inhabitant of said county between the ages of twenty-one and fifty years, who is not exempt under the general laws of said State, shall be subject to road duty in said county five days of eight hours each, and provided further that such persons may be exempt from work by paying to the overseer the sum of five dollars on or before the day named for the time of working upon the roads. Per capita tax. Road duty. Sec. 2. Be it further enacted by virtue of authority aforesaid, That said Board of Commissioners of Roads and Revenues in and for said county, either by themselves or through their chairman shall designate to the various overseers, appointed by virtue of this Act, the time when he shall summons the road hands to work, and designate the time and place of meeting of said road hands and the road to be worked; and it shall then be the duty of the chairman of said board or some member thereof to meet said road hands at such designated place and time, and superintend and supervise the work of said road hands upon said designated roads, and such overseer as shall be present shall collect from such road hands as may desire to pay their capita road tax, and shall give receipts therefor, and make to the said board at its next monthly meeting a report giving the names of all road hands summoned, the names of those who paid and the names of those who work, and the names of defaulters, and for such service the board of commissioners shall pay the overseer such sum of money as in their opinion said overseer has earned, and such overseer shall give bond payable to the board for such sum as may be fixed by said board, with good and sufficient security, to be approved by said board, conditioned on faithful performance of their duties as overseer, the amount of such bond to be fixed by such board, said bond to be conditioned by faithful and honest discharge of their duties and faithful payments of all funds received by them, and such Board of Commissioners are hereby required to expend all the money collected from the per capita tax collected and from those subject to road duty in each district in the district where such several sums were collected from, there and not elsewhere. Supervision of road work. Overseer's reports. Bond and pay of overseer. Tax to be spent in district of payer.
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Sec. 3. Be it further enacted by virtue of the authority aforesaid, That all laws and parts of laws in conflict be and are hereby repealed. Approved August 6, 1924. BACON COMMISSIONERS; ELECTION OF CHAIRMAN AND VICE-CHAIRMAN; PAY; ORDINARY ELIGIBLE AS CLERK. No. 305. An Act to amend an Act of the General Assembly of the State of Georgia, approved August 19, 1919, as amended August 20, 1923, 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. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the first day of January, 1925, Sections 2 and Sections 10 of the original Act creating a Board of Commissioners of Roads and Revenues for the County of Bacon, approved August 19, 1919, as amended by Act approved August 20, 1923, which designates the Ordinary of said Bacon County Chairman of said Board of Commissioners, and defining his duties as such chairman, be, and the same are hereby repealed. Repeal of Sections 2 and 10 of Act of 1919, after January 1, 1925. Sec. 2. Be it further enacted by the authority aforesaid' That Section 11 of said original Act creating a Board of Commissioners of Roads and Revenues for Bacon County, approved August 19, 1919, effective on and after January first, 1925, be amended by adding immediately following the word January, in the third line of said section the following words: 1925, elect one of their body as chairman, who shall preside at all meetings or terms of the courts held by said
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board, sign the minutes of all terms of said courts, sign his name as such chairman to all orders, resolutions, warrants, or vouchers, subpoenas or other processes, issued by the said board or by authority of said board; and shall also elect one of their body as vice-chairman, who shall in the absence of said chairman preside, and perform all of the duties hereinbefore enumerated to be performed by said chairman, and he, the said vice-chairman, together with the other member of the board, shall constitute a quorum for the transaction of any business of said board, at any term of its court; so that said Section II when so amended shall read as follows: Amendment. Sec. 11. Be it further enacted by the authority aforesaid, That the Board of Commissioners shall at their first meeting in January, 1925, elect one of their body as chairman, who shall preside at all meetings or terms of the courts held by said board, sign the minutes of all terms of said courts, sign his name as such chairman to all orders, resolutions, warrants, or vouchers, subpoenas or other processes, issued by said board or by authority of said board; and shall also elect one of their body as vice-chairman, who shall in the absence of said chairman preside and perform all of the duties hereinbefore enumerated to be performed by said chairman, and he, the said vice-chairman, together with the other member of the board, shall constitute a quorum for the transaction of any business of said board, at any term of its court. To read. Election of Chairman and Vice-Chairman. Duties. Quorum. Sec. 3. Be it further enacted by the authority aforesaid, That Section 17 of said original Act creating a Board of Commissioners of Roads and Revenues for the County of Bacon, approved August 19, 1919, as amended by Act approved August 20, 1923, be amended by striking therefrom the words except the Chairman of said Board, in the second and third lines of said section, so that said Section 17 when so amended will read as follows: Amendment. Sec. 17. Be it further enacted by the authority aforesaid, That each of said commissioners shall receive for his services the sum of $4.00 per day for each day of actual services rendered by him. Pay of Commissioners.
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Sec. 4. Be it further enacted by the authority aforesaid, That Section 12 of said original Act creating a Board of Commissioners of Roads and Revenues for the County of Bacon, approved August 19, 1919, as amended by Act approved August 20, 1923, be amended by adding immediately after the word meeting, in the third line of said section, the following words: effective on January first, 1925, and be further amended by striking therefrom all of the last five lines embracing the latter clause of said section, and adding immediately after the word county, in the 42nd line of said section, the following words: The Ordinary of said County of Bacon, or any citizen thereof qualified to perform the duties of clerk, shall be eligible and may be selected by said Board of Commissioners to act as Clerk of said Board, so that said Section 12 when so amended will read as follows: Amendment. Ordinary eligible as Clerk of Board. Sec. 12. Be it enacted by the authority aforesaid, That said Board of Commissioners of Roads and Revenues shall at their first meeting, effective on January first, 1925, 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 $1,000.00, 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. It shall be the duty of said clerk to attend all meetings and keep on file and preserve all papers, relating to its business, to keep in a special book a statement of all taxes levied and for what purposes, minutely specified and designated, also an inventory of all county property, including all road machinery, live stock, chain-gang outfit, and road working tools, to keep in his record, separate from other financial affairs of the county, an accurate and itemized account of all expenditures applied to the working of convicts, and for all supplies, and pay to the superintendent, overseers and guards necessary for the operation of the chaingang
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of said county. He shall also keep separate book in which shall be kept an account of the commutation tax collected by the commissioners of said county, he shall also keep an itemized statement of all accounts paid by the Board of Commissioners and shall show what fund is liable for the payment of 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 commissioner's office in the said Court House of said county, and shall be subject to inspection by any tax-payer of Bacon County. The Ordinary of said County of Bacon, or any citizen thereof qualified to perform the duties of clerk shall be eligible, and may be selected by said Board of Commissioners to act as clerk of said board. To read. Election of Clerk, duties, etc. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1924. BAKER COMMISSIONERS, INCREASE OF AND QUORUM; ELECTION; TERMS; REFERENDUM. No. 397. An Act to amend an Act approved August 8, 1917, 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 provide for their selection; the term for which they shall be selected, and for
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other purposes pertaining to county matters, so as to change the numbers of said board from three members to five members, to provide that three members shall constitute a quorum for the transaction of business instead of two members; to provide that there shall be a member of said board from each of five districts in said county; to provide that said numbers of said board shall be elected by the people of said county instead of being appointed by the Grand Jury thereof; to change their term of office from three years to four years; to provide when and how they shall be elected; when and how this Act shall go into effect; to provide for a referendum of the same, 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 approved August 8, 1917, 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 provide for their selection, the term for which they shall be selected, and for other purposes pertaining to county matters, be and the same is hereby amended as follows: Act amended. Section 1. The members of said Board of Commissioners of Roads and Revenues for Baker County is hereby changed from three members to five members, so that hereafter said board shall consist of five members instead of three members, as now constituted. Five members on board. Sec. 2. Three members of said board constitutes a quorum for the transaction of all business coming before the board instead of two as heretofore provided. Quorum. Sec. 3. Said board shall consist of five members, as aforesaid, one member to be elected from each of the following five districts in said county, viz.: one from the 971st or Newton District, which district shall also include the Hardup District, both constituting one district for such representation; one from the 957th or Milford District; one from the 1183rd, or Haggard's Mill District; one from the 1722nd, or Elmodel
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District; and one from the 1680th, or Anna District. To be eligible for said office, each member must be a bona fide resident of the district which he represents. Districts of members. Sec. 4. The members of said board shall be elected by the people of said county in the general election for county officers just as other county officers are elected, instead of being appointed by the Grand Jury of said county, and shall hold office for a term of four years instead of three years, and until their successors are elected and qualified, provided that in case of death or removal of a member the Judge of the Superior Court of said county shall appoint his successor who shall hold office until his successor is elected at the next general election and qualified. Election of Commissioners. Terms. Vacancy. Sec. 5. The members of said board under the provisions of this Act shall be elected in the next general election for county officers in said county just as other county officers are elected and shall take office January 1st, 1925, from which time their terms of office shall date. Terms begin January 1. Sec. 6. Be it further enacted, That before the provisions of this Act shall go into effect, the same shall be referred to the voters of Baker County in an election held in said county for the purpose of determining whether or not said Act shall go into effect and become operative in said county, which election shall be held in said county at the same time and in the same manner and under the same rules, and regulations, except as hereinafter provided, as the primary election for State House officers, to be held on September 10, 1924. The Ordinary of Baker County shall prepare and furnish to the election manager for said primary election in said county, the necessary ballots, tally sheets, and other necessary election papers for holding the election herein provided for and making returns thereof. Said returns shall be made to said ordinary, who shall declare the result thereof. Those voters of said county, voting at said election, who are in favor of putting into effect the provisions of this Act shall have written or printed on their ballots the words: For five Commissioners; and those opposed: Against five Commissioners. If the result of said
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election be in favor of this Act, then and in that event the provisions of the same shall go into effect as there provided otherwise not. Election to adopt this Act. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 9, 1924. BANKS AND HABERSHAM ROAD WORK. No. 395. An Act to authorize the county authorities of Banks County and Habersham County having charge of the public roads in each of said counties to work out and put in repair, grade, widen, alter, or change that portion of the old Bushville and Clarksville Road now called the Johnny Ford Road, and the Town of Baldwin, Georgia, lying partly in Banks County and partly in Habersham County, commencing at a point in Baldwin, Georgia, where the State Highway leaves the Jonny Ford Road and goes along Willingham Avenue to Stonepile Street, to where Stonepile Street or the National Highway intersects with Jonny Ford Road, being a distance of something near twenty-six hundred feet, with the same power and authority over said road as though the same was not located within the incorporated limits of the Town of Baldwin, with the power to condemn land for the purpose of widening, altering or changing the grade along said road, under the same rules and regulations as is now provided for under the general law when condemning land for road 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 county authorities of Banks County and the county authorities of Habersham County having charge of the public roads in each of said counties shall each have the right, power, and authority
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in their respective counties to work out, repair, grade, widen or change that portion of the old Bushville and Clarkesville Road, now called the Jonny Ford Road, in the Town of Baldwin, Georgia, lying partly in Banks County and partly in Habersham County, commencing at a point in Baldwin, Georgia, where the State Highway leaves the Jonny Ford Road and goes along Willingham Avenue to Stonepile Street, to where Stonepile Street or the National Highway intersects with Jonny Ford Road, being a distance of something near twenty-six hundred feet, and being that portion of the Jonny Ford Road in the Town of Baldwin, Georgia, where State Highway No. 15 leaves the Jonny Ford Road near Tommy Ausborn's place, and running a southerly direction about twenty-six hundred feet to where it again intersects with the State Highway, with the same power and authority over said road as though the same were not located within the town limits of the Town of Baldwin, with the power to condemn land for the purpose of widening, altering or changing the the grade along said road, under the same rules and regulations as is now provided for under the general law when condemning land for road purposes. Commissioners authorized to work out road in Baldwin. Description of road. Power to condemn land. Sec. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are repealed. Approved August 8, 1924. BARTOW COMMISSIONER AND CLERK; OFFICES CREATED. No. 297. An Act to create the office of Commissioner of Roads and Revenues of Bartow County, Georgia, to provide the manner of his election; to define his powers and duties and his compensation; to provide for the supervision of his Acts and the auditing of his books; to provide for a clerk to the commissioner and to define the duties and qualifications
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of the clerk, and to provide for his compensation and the manner of his selection; to provide for filling of the vacancy in event a vacancy in the office of commissioner or clerk occurs; to repeal all Acts creating County Board of Commissioners, for the County of Bartow, 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, as follows: That from and after the first day of January, 1927, the county affairs of Bartow County, Georgia, shall be administered by a Commissioner of Roads and Revenues, and for that purpose the office of Commissioner of Roads and Revenues for Bartow County is hereby created. Office created; term to begin January 1, 1927. Sec. 2. That an election shall be held in Bartow County at the same time and place and under the same regulations as the election for county officers is held in 1926 for the election of County Commissioners of Roads and Revenues, and that the candidate receiving the highest number of votes at said election shall be so declared and qualified as the Commissioner of Roads and Revenues for Bartow County for the ensuing term. Election in 1926. Sec. 3. That the term of office of the Commissioner of Roads and Revenues shall be four years and till his successor is elected and qualified. The first term beginning the first day of January, 1927, and that an election shall be had every four years at the same time and places and under the same regulation as the election of County officers for Bartow County is held, for the election of a Commissioner of Roads and Revenues for the suceeding term of four years. Term 4 years. Sec. 4. That in the event a vacancy occurs in the office of Commissioner of Roads and Revenues by death, resignation or otherwise, the vacancy shall be filled until a successor is elected and qualified by the ordinary of Bartow County, the selection to be made without regard to political consideration and purely on account of the fitness of the person selected; the person so selected shall serve until his successor is elected and qualified. Vacancy, how filled.
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Sec. 5. That it shall be the duty of the ordinary of said county, upon a vacancy occuring in the office of Commissioner of Roads and Revenues, to call an election to be held in the county at the regular voting precincts, and as elections are held for county officers and under the same regulations, to elect a commissioner to fill the vacancy, the election to be held not earlier than thirty days after the vacancy occurs. The ordinary shall have notice of said election published twice in the newspaper in said county in which Sheriffs advertisements are published. Provided, that if a vacancy in the office of commissioner should occur within six months of the next succeeding general election for the election of county officers in said county, no special election shall be called but the commissioner appointed in the manner provided in Section 4 of this Act shall serve until said general election, at which time a commissioner shall be elected to fill the unexpired term. Election to fill vacancy. Sec. 6. That all expenses of holding the special election provided for in Section 5 of this Act including advertising of the notice and the compensation of the election managers, printing tickets and the consolidation of the returns shall be paid out of the County Treasury. Expense of election. Sec. 7. That except as otherwise provided in this Act, the Commissioner of Roads and Revenues for said county shall have such control of the county affairs generally as is now conferred upon the County Board of Commissioners for said county, and shall have all powers as now conferred upon the County Board of Commissioners, and subject to all the duties and liabilities. Powers. Sec. 8. That the Commissioner of Roads and Revenues shall appoint a clerk, who shall be of good moral character and a person of business capacity, and is able to keep correct books and shall not be related to the commissioner within the fourth degree of affinity or consanguinity, and whose term of office, duties, and compensation, except as otherwise herein provided, shall be the same as those of the Clerk of the Board of Commissioners of Roads and Revenues, under the Act of the General Assembly approved August 13, 1915, abolishing the office of Treasurer in Bartow County. Clerk.
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Sec. 9. It shall be the duty of the commissioner to plan, lay out, superintend and construct all public roads and bridges, and to this end he is authorized to procure the service of competent engineers and experts in any project, where the same may be necessary in his judgment, provided that this Act shall not be construed so as to prevent the contracting of such improvements after a compliance with the laws applicable to such cases. Roads and bridges, duties as to. Sec. 10. In the laying out and construction of roads and bridges and in the working and improvement of the roads and bridges of the county, the commissioner shall be controlled by the general best interest of the county with due regard for fairness and justice to the various communities thereof. Sec. 11. That the Commissioner of Roads and Revenues shall have the right and power to purchase such provisions, supplies, machinery, stock, equipment and repairs of every sort necessary and proper for the carrying out of the work or business of the county, but it shall be unlawful and a misdemeanor for him to have any financial interest in any article so purchased or in any contract or project entered into by him, for the county. Purchase of supplies, contracts. Misdemeanor by interest in contract, etc. Sec. 12. All payments for provisions, supplies, machinery, stocks, equipment, labor, contract or otherwise shall be by voucher drawn by the clerk, and each voucher shall have written or printed thereon what it is given for, and an accurate stub of every voucher shall be kept in regular consecutive order, correctly dated, which shall be preserved in permanent form and subject to inspection at all times by any person interested. Payments, vouchers for. Sec. 13. That all paid vouchers shall be preserved and arranged and kept by the clerk in consecutive order, those of each month kept in separate package, and shall present the same to the Grand Jury of the county when they shall require it in pursuance of Section 20 of this Act. Same subject. Sec. 14. It shall be the duty of the commissioner to keep an office at the Court-House in Barto County for himself and
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his clerk. It shall be the duty of the clerk to keep the office open each working day of the week during reasonable office hours, and shall make record of all information and complaints pertaining to county matters, for the information of the commissioner. It shall be the duty of the commissioner to set apart one day in each week to be at his office, together with his clerk, for the transaction of public business of the county, for the hearing of applications and complaints, and for such other purposes as may come legitimately within his jurisdiction. He may by special appointment have other days in his office for such purposes, when pressure of business requires it, it shall be his duty to give his entire time to the personal supervision and direction of the county affairs. Office at Court-House. Duties. Sec. 15. That the Commissioner of Roads and Revenues, before entering upon the duties of his office, shall take oath before the ordinary of said county to faithfully discharge the duties of his office, and shall give bond, with some good and solvent surety company suable in said county, as surety, in the sum of $20,000.00, payable to the Ordinary of Bartow County, Georgia, for the use of the county, conditioned for the faithful discharge of all the duties of his office, and for the faithful accounting of all money coming into his hands belonging to said county; provided that the premium on said bond may be paid out of the County Treasury. Oath. Bond. Sec. 16. That until raised or lowered as hereinafter provided, the Commissioner of Roads and Revenues shall receive a salary of $250.00 per month, payable out of the County Treasury on the first Monday in each month. Salary. Sec. 17. It shall not be lawful to raise or lower the salary of Commissioner of Roads and Revenues during an existing term of office, but that the Grand Jury of said county, at the last regular session thereof prior to the beginning of a new term of office of the commissioner, shall have the power to raise or lower the salary of the commissioner, provided that the salary shall not be reduced more than $50.00 per month. Change of salary, by Grand Jury. Sec. 18. That it shall be unlawful for any candidate for the office of Commissioner of Roads and Revenues to enter into any
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agreement with any person or company for the disposal or contracting of any work or the purchase of any supplies, equipment, or machinery or other thing, and shall be unlawful to enter into any agreement, direct or indirect, or any understanding with any person, for the appointment or employment of such person or other person as clerk to said commissioner in the event of his election, or any overseer or other position with the county. Any person guilty of such conduct shall be punished as for a misdemeanor, and, if elected commissioner, shall be subject to impeachment. Candidates, agreement, when misdemeanor and ground for impeachment. Sec. 19. It shall be the duty of the Commissioner of Roads and Revenues to provide suitable permanent books wherein a record shall be kept of his acts, all contracts and purchases, all permanent improvements, repairs, or additions, all expenses and expenditures together with the dates, the amounts, and for what paid, the persons to whom paid, and a complete detailed account of every transaction whereby any money is paid or contracted to be paid out of the county funds. It shall be his duty to make daily reports to the clerk of all such matters, and shall be the duty of the clerk to accurately enter upon the books the full and complete details of every transaction in chronological order. Accounts. Sec. 20. It shall be the duty of the Grand Jury, at the first regular session thereof each year, to provide for a competent auditor to audit the books and accounts of the Commissioner of Roads and Revenues and his clerk, and to make an exhaustive report of his findings, and to file the same with the clerk of the Superior Court of Bartow County, whose duty it shall be to preserve the original report until the meeting of the next regular Grand Jury, when the same shall be delivered to the foreman of the Grand Jury, and it shall be the duty of the Grand Jury, with the assistance of the Solicitor-General, to examine the report and make such recommendations as may seem proper; and it shall have power and authority to summon the commissioner or the clerk, or both, and other witnesses, with all books and records, paid vouchers, and other evidence, for the purpose of examination or oath, in order to make a thorough examination into the administration of the
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commissioner's office. This power and duty of the Grand Jury shall not be conditioned upon a suspicion of wrong-doing, but it is intended to insure a thorough understanding of the management of the county affairs at all times. The cost of the audit and of its publication shall be paid out of the treasury of said county. The auditor's report shall be returned to the clerk of the Superior Court, and shall be filed and preserved by him. Auditing books. Report to Grand Jury; examination. Sec. 21. The Commissioner of Roads and Revenues and the clerk, both or either, shall be subject to impeachment for incompetency or malfeasance in office in the same manner as county officers are subject to impeachment. Impeachment. Sec. 22. It shall be the duty of the clerk to draw vouchers on the County Treasury for all bills approved by the Commissioner of Roads and Revenues, and to file and preserve all bills for which vouchers are drawn, arranging them in regular sequence according to date, and no voucher shall be drawn except for written bills or accounts properly approved by the commissioner. Vouchers. Sec. 23. That all Acts creating a County Board of Commissioners for the County of Bartow, and all laws in conflict with this Act are hereby repealed. Approved July 28, 1924. BARTOW GAME PROTECTION. No. 321. An Act for the protection of game birds in the County of Bartow. Section 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act, that any person who shall hunt, kill, trap, net, or destroy by any means whatever, or who shall be in possession of, within the county limits of the
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County of Bartow, State of Georgia, any quail, commonly known as Bob White Partridges, or any Wild Turkeys, except between the first day of January and the first day of February, in each year, shall be guilty of a misdemeanor, and upon conviction, shall be punished as is prescribed by Section 594(b) of Park's Code of Georgia for 1914. Hunting season for quail and wild turkeys, January Unlawful possession. Punishment. Sec. 2. Be it further enacted by the authority aforesaid, That any person who shall hunt, kill, or attempt to kill, any game bird or animal within the county limits of the County of Bartow, State of Georgia, by and with the use of an automatic, or repeating shot-gun, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in Section 594(b) of Park's Code of Georgia for 1914. Hunting, etc. with automatic or repeating shotgun. Misdemeanor. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are, hereby repealed. Approved August 2, 1924. BRYAN BOARD OF COMMISSIONERS ABOLISHED. No. 330. An Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan, to define their powers and duties to provide for the method of selection of members, prescribe their qualifications, and for other purposes, approved July 26, 1920, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan (Acts of 1920, pages 454 et seq.), approved July 26, 1920, be and the same is hereby repealed. Board abolished. Sec. 2. Be it further enacted, by the authority aforesaid, That all records, vouchers, books, stubs, minutes and records of said Commissioners of Roads and Revenues of the County of
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Bryan shall be transferred to the office of such authority or authorities as take their place or are created in their stead. Records. See Act creating Board, below. Sec. 3. Be it further enacted, by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1924. BRYAN BOARD OF COMMISSIONERS CREATED. No. 330. An Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan, to define their powers and duties, to provide for the method of selection of members, prescribe their qualifications, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act, and after the qualification of the commissioners hereinafter named, there shall be created a Board of Commissioners of Roads and Revenues of Bryan County, which board shall consist of five members, viz.: D. B. Warnell, from the 19th District, G. M., who shall serve until January 1, 1929; C. J. Bashlor, from the 20th District, G. M., who shall serve until January 1, 1926; W. D. Morgan, from the 1137th District, G. M., who shall serve until January 1, 1928; J. G. Edwards, Jr., from the 1380th District, G. M., who shall serve until January 1, 1927; and Thos. F. Cameron, from the county at large, who shall also serve as chairman of said board, until January 1, 1929, and they shall hold office until their successors are duly selected and qualified. Board created; members named. Terms. Chairman. Sec. 2. Be it further enacted, by the authority aforesaid, That said County of Bryan shall be divided into four (4) road districts, to be designated as one, two, three and four, and each of said road districts shall be entitled to one commissioner,
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residing in the jurisdiction of the district, as its representative on said board, and District No. one (1) shall embrace the 19th District, G. M., District No. 2 shall embrace the 20th District, G. M., District No. 3 shall embrace the 1137th District, G. M., and District No. 4 shall embrace the 1380th District, G. M. Road districts; Commissioners from each. Sec. 3. Be it further enacted by the authority aforesaid, That at each succeeding May term of the Superior Court of Bryan County, the Grand Jury shall select, and publish in its general presentments the names of three candidates, who shall have been bona fide residents of Bryan County for a period of two years and legally qualified to hold office, and, at the November term of the Superior Court following and in the same year, the Grand Jury shall select one of the candidates for a period of four years, and until his successor qualifies; and every four years the May term Grand Jury shall select three candidates from the county at large, in addition to the usual three; and from these three candidates named the succeeding November Grand Jury shall select a chairman for a term of four years, or until his successor qualifies; in the event that any member named in this Act, or by the Grand Jury, fails to qualify, the Board of Commissioners of Roads and Revenues shall select his successor. Election. Sec. 4. Be it further enacted by the authority aforesaid, That said commissioners shall each, before entering upon their duties, be commissioned by the Governor, make a good and sufficient bond in the sum of five thousand ($5,000.00) dollars, each, and take and subscribe to an oath to faithfully perform the duties of their office and account for all monies coming into their hands as such commissioners; said bond to be payable to the Ordinary of Bryan County and his successors in office, and the oath subscribed before him and each recorded in his office. Bond. Oath Sec. 5. Be it further enacted, by the authority aforesaid, That no one shall be selected or chosen by the Grand Jury of Bryan County who is not a freeholder; nor shall any one be selected who holds funds belonging to the county or who is
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indebted to the county, for taxes due, or otherwise, as a commissioner. Commissioners to be freeholders not indebted to county. Sec. 6. Be it further enacted by the authority aforesaid, That said board shall hold their regular sessions on the first Monday in every month at the county site, and shall receive the sum of five ($5.00) dollars for every day for such meetings, and on other occasions than a regular meeting on the first Monday they shall receive the sum of five ($5.00) dollars per diem, upon statements showing date, for what purpose and upon what matter. Meetings. Pay. Sec. 7. Be it further enacted by the authority aforesaid, That said board shall have the right and is hereby empowered to call a meeting at any other time or place than the county site for the purpose of trying road defaulters. Trial of road defaulters. Sec. 8. Be it further enacted by the authority aforesaid, That said board shall select a clerk from the membership of said board, whose duty it shall be to keep an accurate and minute record of all proceedings of the board, all contracts made, all bills paid, and any and all acting and doing of the board shall be kept in a well bound book which at all times shall be open and subject to inspection. Clerk. Sec. 9. Be it further enacted by the authority aforesaid, That the clerk shall receive a monthly salary of not more than fifteen ($15.00) dollars per month, same to be fixed by said Board of Commissioners. Salary of Clerk. Sec. 10. Be it further enacted by the authority aforesaid, That said board shall exercise all authority prescribed in Code Sections 694 to 704, inclusive, of the Code of 1910 and amendment thereto; that all disbursements thereunder, or of any other funds of the county, shall be by warrant drawn against the fund from which said debt shall be paid, and no other, except as provided for in cases of general funds after the ending of the year, and all warrants shall be signed by the chairman and the clerk; no warrant to be signed or issued until audited and approved by the members of said board. Disbursements; warrants.
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Sec. 11. Be it further enacted by the authority aforesaid, That said commissioners shall make out two lists of all persons subject to road duty, or the commutation tax, according to militia districts, and keep one on file in their office and one shall be furnished the person who collects said taxes or dues; that it shall be their duty to see that all persons subject to work the roads, either work or pay the commutation tax; in case of default, each defaulter is to be tried. Lists of persons subject to road duty, etc. Sec. 12. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have original and exclusive jurisdiction over the following subject matters, to-wit: In directing and controlling all county property of said County of Bryan, as they may deem expedient, according to law, including the county jail and court-house; in levying a general tax for general purposes and a special tax for special purposes according to law, and over all roads as aforesaid; in establishing and changing election precincts and militia districts; in examining and allowing, according to law, all claims that may arise against the county; in examining and and auditing, or the hiring of an examiner or auditor, of the accounts and records of all officers having the care, management, keeping, collecting or disbursing of moneys belonging to the county or appropriated for its benefit or use and bringing them to a settlement; in making rules and regulations, according to law, for the support of the poor of the county and for the promotion of health, as are granted by law, also to do all and singular other acts devolving upon the office commissioners having full and complete charge of county affairs, and to exercise all power over roads and revenues under the laws of this State as given to Ordinaries in counties where there are no Commissioners. Powers. Sec. 13. Be it further enacted, by the authority aforesaid, That said commissioners shall be held strictly in conformity to Code Sections 393 and 394 of the Civil Code of 1910 and that no purchases shall be made from such persons therein described except upon a statement of all goods and merchandise duly itemized and prices charged be spread upon the minutes of said Commissioners. Purchases; itemized statements, etc.
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Sec. 14. Be it further enacted by the authority aforesaid, That the said commissioners shall twice a year furnish and publish a statement of the financial conditions of the county in the newspaper wherein the sheriffs advertisements appear, which said statement shall be duly attested as the correct condition of the county by the clerk or other members of the board. Financial statement; publication. Sec. 15. Be it further enacted by the authority aforesaid, That in case of a vacancy by death or resignation or otherwise, the remaining members shall immediately appoint a successor, who shall qualify by taking the oath and giving bond as hereinbefore provided, and shall hold his office until the next session of a regular Grand Jury which shall name the successor of the person causing the vacancy. Vacancy; how filled. Sec. 16. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall closely examine the work done by the warden of the chaingang and supervise the guards appointed under him and shall see that the county physician does his duty, and shall pay and fix the salary of of each in accordance with the laws and under the rules of the Prison Commission. Suspension and pay of chain-gang warden, county physician, etc. Sec. 17. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have the right and power to relieve double taxes according to law, and the authority to change or alter any mistake of facts that may appear from the records of the Tax Collector or Receiver as to amount of taxes returned, so that the same may conform to the truth, but not the authority to arbitrarily change any returns or pay back any amount paid. Relief from double tax, correction of tax-books. Sec. 18. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have and are hereby invested with the authority to employ counsel and to pay for such service out of the proper fund of the county, in a sum not exceeding three hundred ($300.00) dollars per annum. Attorney, pay of.
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Sec. 19. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1924. BRYAN TREASURER; OFFICE ESTABLISHED; SALARY, ETC. No. 328. An Act to repeal An Act to abolish the office of County Treasurer for the County of Bryan, State of Georgia, to provide for the election and qualification of county depository and depository for the funds of said county; to provide for the receiving, holding and disbursement of the funds of said county, and for other purposes, which Act was approved August 12, 1918, and to provide for the creation and establishment of the office of County Treasurer of Bryan County, Georgia, the election qualification, salary tenure of office and duties of said County Treasurer, and for other purposes. Section 1. Be it enacted, by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the office of County Treasurer of Bryan County, Georgia, from and after the first day of January, 1925, is hereby created and established. Office established. Sec. 2. Be it further enacted, by the authority aforesaid, that said Treasurer of Bryan County, Georgia, shall enter upon and take oath of office on the first day of January, 1925, after taking the oath of office prescribed by the laws of Georgia, his election, tenure, oath of office, duties, and liability shall be those prescribed and defined by the existing laws of Georgia. Term begins January 1, 1925. Sec. 3. Be it further enacted, The Treasurer of Bryan County, shall receive as his full salary and compensation as such treasurer the sum of fifty dollars per month, which sum
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shall be paid by the Board of Roads and Revenues of Bryan County, from the County Treasurer, on the first day of February, 1925, after such treasurer enters upon his duties on the first day of January immediately preceding, and on the first day of each month thereafter. Salary Sec. 4. Be it further enacted, The Board of Roads and Revenues of Bryan County is hereby required and directed to pay from the County Treasury all premiums on said treasurer's bond, which sum shall not be deducted from the monthly salary of said treasurer. Premium on bond. Sec. 5. 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 July 30, 1924. BULLOCH BOARD OF COMMISSIONERS CREATED. No. 407. An Act to provide for the creation of a Board of County Commissioners for the County of Bulloch; to provide for the number of the members of said board; to prescribe their powers and duties; to prescribe their compensation; to provide for the manner of their election; and to provide that the candidates for the position of chairman and clerk of said board shall announce themselves as a candidate for chairman and clerk; to prescribe the length of time for which the various members are elected, and the term of office of the members of said board, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That there shall be established and created in the County of Bulloch, a Board of Commissioners of Roads and Revenues for said county, to consist of three members. Three members.
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Sec. 2. The members of said board shall be elected as follows: At the primary and general election in 1924 those person in said county who desire to become members of said Board of Commissioners of Roads and Revenues shall be voted for as other county officers are, and those desiring to be elected as chairman and clerk for said board shall announce their candidacy for chairman and clerk of said Board of Commissioners of Roads and Revenues; and those candidates not aspiring to the position of chairman and clerk shall simply announce their candidacy for a member of said Board of Commissioners of Roads and Revenues. Election. Sec. 3. The term of office for the members of the Board of Commissioners of Roads and Revenues of said county shall be two years, and until his successor is duly qualified; provided, that of those members elected to the Board of Commissioners at the election in 1924 the chairman and clerk shall serve for two years, and the other two members shall serve only two years, and until their successors are qualified. After the election provided for in 1924 all members of the Board of County Commissioners shall hold office for two years, and until their successors are duly qualified. Terms. Sec. 4. Be it further enacted, That in case of a vacancy occuring in said board the Judge of the Superior Court of the Circuit is hereby authorized and empowered to appoint a commissioner to serve the unexpired term. Vacancy. Sec. 5. Be it further enacted by the authority aforesaid, That the salary of the chairman and clerk of said board shall be three thousand ($3,000.00) dollars per annum. The chairman and clerk is hereby required to devote all his time to the duties of his office, and at his own expense provide his means of transportation over the county. The salary of the other two members of said board shall be two hundred ($200.00) dollars per year. Salaries. Sec. 6. Be it enacted by the authority aforesaid, That before entering upon his duties the Chairman and Clerk of said Board of Commissioners shall subscribe to the oath hereinafter provided, and give bond in a reasonable surety company
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to be approved, by the ordinary of said county, in the sum of fifty thousand dollars, conditioned for the faithful performance of his duties as imposed by law. The premium on the bond of said chairman and clerk shall be paid out of the county fund. Oath. Sec. 7. Be it further enacted by the authority aforesaid, That the duties of said chairman and clerk shall be to execute the orders of his board, draw all warrants, and become responsible for all funds coming into the hands of the board. He shall preserve an accurate minute of the actions and doings of the board, its orders, and of all funds disbursed. Under the orders of the board he shall assume active supervision of all public roads and bridges of the county and of the chain-gang, and of all county property, and become the purchasing agent for the county, and do any and every other thing necessary and proper for legally carrying out the broad jurisdiction of said board hereinafter more fully set forth. Duties of Chairman and Clerk. Sec. 8. Be it further enacted by the authority aforesaid, That each member of said Board of Commissioners, before entering upon the duties of his office, shall take the following oath before the ordinary of said county, to-wit: I do solemnly swear that I will faithfully discharge all the duties of a Commissioner of Roads and Revenues for the County of Bulloch that are imposed by law, in all matters that require my official action, to the best of my skill and knowledge, for the best interests of the entire County of Bulloch. So help me God; and said oath shall be by the ordinary recorded on the minutes of the Court of Ordinary. Oath. Sec. 9. Be it further enacted by the authority aforesaid, That said Board of Commissioners of Roads and Revenues shall have exclusive and original jurisdiction over all of the property of the county; that they shall levy a general and special tax for specific county purposes; they shall establish, alter and abolish roads, ferries and bridges, in conformity with law, construct, build, maintain, and work the public roads and highways of the county; control, operate, and manage the chain-gang of the county; establish and change election precincts and militia districts. Powers and duties.
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Sec. 10. Be it further enacted by the authority aforesaid, That said Board of Commissioners and Revenues shall examine and audit all accounts and legal claims against the county, and authorize the payment of the same; shall examine and audit the accounts of all officers having care, management, keeping, collection, or disbursement of county funds or money appropriated for county use and benefit, and bring them to a settlement; shall regulate and manage the paupers and disburse the pauper funds of the county; shall regulate peddling in the county and fix the cost of license, if any granted. Duties Sec. 11. Be it enacted by the authority aforesaid, That said Board of Commissioners and Revenues shall supply by appointment all vacancies in the county officers heretofore devolving by law upon the ordinary of said county, and ordinary elections to fill such vacancies; and shall have and exercise all power heretofore vested in the ordinary when sitting for county purposes and to exercise such other powers as are granted by law, or may be indispensable to their jurisdiction over county matters and county finances. Sec. 12. Be it further enacted by the authority aforesaid, That said Commissioners of Roads and Revenues shall meet at the court-house in said county on the third Tuesday in each month, beginning in January, 1925, and on such other days as the business of the county may require, or when called into session by the chairman of the board, or as such board may determine, and said commissioners shall keep a record of all the proceedings of said board in a book kept for that purpose, and that a majority of said commissioners shall constitute a quorum for the transaction of any business of the board. Meetings. Records. Sec. 13. Be it further enacted by the authority aforesaid, That said board shall have full authority to employ such overseers, agents, guards, and other employees as they may find necessary to properly carry on the public work of the county, and shall fix and pay the salaries of such employees by proper warrants upon the County Treasury. Employees. Sec. 14. Be it further enacted by the authority aforesaid, That said board shall have full authority and power to assess,
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levy and collect such per capita taxes for purposes of maintaining the roads and highways of said county as are now provided by law. Per capita tax. Sec. 15. Be it enacted by the authority aforesaid, That said Board of Commissioners shall have authority to enter into contracts for any public works of the county which may be authorized by law and which, in their judgment, may be for the best interests of the county, but in no event shall said board enter into any contracts with themselves or with any firm or corporation in which either member of said board may be interested. Contracts. Sec. 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 11, 1924. CAMDEN COMMISSIONERS; NUMBER, DISTRICTS, ELECTION, PAY, ETC. No. 326. An Act to amend the several Acts relating to the creation, organization, selection, etc., of the Board of Commissioners of Roads and Revenues of Camden County, Georgia, so as to create road or commissioners' districts; to provide number of commissioners, the manner of their election, compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after January 1, 1925, the Board of Commissioners of Roads and Revenues of Camden County shall consist of seven members, to be selected one each from the road or commissioners districts hereinafter provided for. The first board under this Act shall be elected at the fall election of the year 1924, and take office January 1, 1925.
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They shall hold office for a term of two years or until their successors are elected and qualified, and shall thereafter be elected for a like term. Board of 7 members. Election. Terms. Sec. 2. Be it further enacted, That the County of Camden is hereby divided into seven road or commissioner districts to be composed of the following territory, to-wit: District No. one, to consist of the 29th Militia District, including Cumberland Island; District No. two, to consist of the 1606th Militia District; District No. three, to consist of the 32nd Militia District; District No. four, to consist of the 31st Militia District; District No. five, to consist of the 30th Militia District; District No. six, to consist of all of that part of the 270th District and of the 33rd District lying west of the Seaboard Air Line Railway; District No. seven, to consist of all that part of the 270th District and of the 33rd Districts lying east of the Seaboard Air Line Railway. Districts. Sec. 3. Be it further enacted, That each candidate for commissioner shall be voted upon by the entire county. The candidate of each respective district receiving the highest vote shall be declared elected commissioner from that district. Whole county to vote on each. Sec. 4. Be it further enacted, That should any district as herein provided fail to elect a commissioner, the Board of Commissioners duly elected and qualified shall fill such vacancy by a majority vote. Vacancies caused by death or resignation shall be filled by a majority vote of the commissioners in office from the district where such vacancy occurs. Vacancies. Sec. 5. Be it further enacted, That the compensation of said commissioners shall be as follows: $5.00 per diem for each day they serve at regular or called meetings, plus mileage at 10c per mile, one way. Provided, further, That the board by a majority vote may direct any one or more of their body to give special attention or time to the interest of the county where emergencies exist or in their judgment, as may be necessary, and such commissioners when so directed shall be compensated at $5.00 per day and actual expense incurred provided, however, that an itemized account of such expense account shall be filed and approved by the board; Provided
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further that no individual member of the board except the chairman shall be paid for more than twenty-five days in any year, such days to include regular and special service. Pay of Commissioners. 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 4, 1924. CAMPBELL COMMISSIONERS, PAY OF, AND CLERK. No. 447. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Campbell; define their powers and duties and for other purposes, approved February 8, 1874, and as amended by Acts approved October 25, 1889, November 29, 1899, and August 7, 1914, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above recited Acts and amendments be amended by striking all of Section 7 of said Act as amended and inserting in lieu of the said stricken section a new section to be known as Section 7, as follows: That said commissioners shall receive $10.00 each for each regular session attended, and $5.00 each for each call or adjourned session attended; provided they shall not receive more than $150.00 per annum each and said commissioners shall be exempt from road duties and jury duty, and said board is authorized to employ a clerk at a salary not to exceed $100.00 per month, and said clerk may also serve as Purchasing Agent for said county, and he shall serve without term and subject to the will of said board. Said board is authorized to buy books and stationery for their use to be paid for by the treasurer of the county by order of said commissioners. Per diem of Commissioners. Salary of Clerk. Purchases.
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Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in confict with this Act be and the same are hereby repealed. Approved August 13, 1924. CANDLER COMMISSIONERS, CHAIRMAN'S PAY. No. 423. An Act to amend 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, 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 further enacted, That Section 18 of said Act approved August 18th, 1923, be and the same is hereby amended by adding the following words after the word commissioner in the 5th line of said section Except the member of said board elected by the board as its chairman, which said member shall draw the salary of $3.00 per day for attending meetings of the board and looking after business matters pertaining to the county but not to exceed $200.00 per annum, so that when said section is amended it will read as follows: Amendment.
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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 except the member of said board elected by the board as its chairman which said member shall draw the salary of $3.00 per day for attending meetings of the board and looking after business matters pertaining to the county, but not to exceed $200.00 per annum. 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. Per diem of Chairman. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1924. CARROLL COMMISSIONER'S SALARY, ELECTION TO INCREASE. No. 412. An Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Carroll, etc., approved August 17, 1908, and all Acts amendatory thereof, so as to provide an increase of salary for said commissioner, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act creating the office of Commissioner of Roads and Revenues for the County of Carroll, etc.; as amended by an Act approved August 18, 1919, be and the same is hereby amended by striking from line three of Section eight (8) of said amended Act the words eighteen, and substituting in lieu thereof the
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words twenty-four, so that said section when so amended shall read as follows: Amendment. Sec. 8. Be it further enacted by the authority aforesaid, That said commissioner shall receive for his services as such, a salary of twenty-four hundred dollars per annum, to be paid monthly out of the treasury of said county. He shall also be authorized to employ a clerk at a salary not exceeding nine hundred dollars per annum, to be paid monthly out of said treasury. Said commissioner shall receive no fee. Salary. Sec. 2. Be it further enacted, That the provisions of this Act shall not become effective unless ratified by a majority of the qualified at an election to be held on the tenth day of September, 1924. Those voting for a salary of $2,400.00 for said Commissioner of Roads and Revenues shall have written or printed on their ballots the words: For a salary of $2,400.00 for Commissioner of Roads and Revenues; and those opposing an increase in said salary for Commissioner of Roads and Revenues shall have written or printed on their ballots the words: Against a salary of $2,400.00 for Commissioner of Roads and Revenues, this Act to become effective October 1, 1924, and the ordinary of said county shall give notice of said election in two issues of the official organ of said county, immediately preceding said election. Referendum. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924. CHEROKEE COMMISSIONER'S SALARY INCREASED. No. 348. An Act to amend an Act creating the office of Commissioner of Roads and Revenues for Cherokee County, approved August 9, 1915, as amended by an Act approved August 12, 1918, and as further amended by an Act approved August
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3, 1920, so as to change and fix the salary of said Commissioner of Roads and Revenues, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 3, 1920, which Act amended the Act approved August 9, 1915, creating the office of Commissioner of Roads and Revenues for Cherokee County, and Acts amendatory thereto, be amended by striking from the caption of said Act, in line nine (9), the figures $1800.00, and in line eleven (11) the figures $2,500.00, and inserting in lieu thereof the figures $2,750.00. Amendment. Sec. 2. Be it further enacted by the authority aforesaid, That Section two (2) of said amended Act of August 3, 1920, be amended by striking from said section, in line five (5), the figures $1,800.00, and from line six (6) of said section the figures $2,500.00, and inserting in lieu thereof the figures $2,750.00. Also further amend Section two (2) of said Act by striking therefrom the words, the amount of said salary to be fixed by the Grand Jury of the county and, which words appear in lines six (6) and seven (7) of said section, so that when amended will allow and provide for a fixed salary for said Commissioner of Roads and Revenues in the sum of $2,750.00 per annum, same to be paid monthly, as heretofore, at the end of each month's service. Salary. Sec. 3. Be it further enacted by the authority aforesaid, That this Act shall become effective on January 1, 1925. Sec. 4. Be it further enacted, by the authority aforesaid, That all laws and parts of laws which are in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 6, 1924.
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CLARKE COUNTY HOSPITAL, AUTHORITY TO ESTABLISH; ELECTION AS TO BONDS. No. 388. An Act to authorize Clarke County to acquire, maintain and operate a hospital in said county for the care of persons requiring medical or surgical treatment, to provide for the control and management of the same, to authorize said county to issue bonds, upon the assent of two-thirds of the qualified voters of said county, for the purpose of acquiring said hospital and equipment, to levy taxes for the redemption of said bonds, and, if necessary, for the maintenance of said hospital, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Clarke County is hereby authorized to issue bonds in the sum $200,000.00 for the purpose of acquiring, maintaining, and operating a hospital for the care of persons requiring medical or surgical attention; provided the issuance of said bonds be assented to by two-thirds of the qualified voters of said county at an election to be called for the purpose of submitting to them the question of the issuance of said bonds. At said election, voters desiring to vote in favor of the issuance of said bonds shall have plainly written or printed upon their ballots the words: For hospital bonds; and voters desiring to vote against said bonds shall have plainly written or printed upon their ballots: Against hospital bonds. Bond issue, election as to. Sec. 2. Be it further enacted, That should the requisite number of qualified voters of said county vote in favor of said bonds, the same may be issued and the proceeds of the same shall be used for the acquisition of said hospital and equipment and maintenance of the same. Sec. 3. Be it further enacted, That the management, control and supervision of said hospital shall be vested in the Board of Commissioners of Roads and Revenues of said county, which board shall be authorized to promulgate and enforce all necessary rules and regulations for governing of
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said hospital; provided, however, said Board of Commissioners may delegate the control, management, and supervision of said hospital to a Board of Trustees, consisting of such number as said Board of Commissioners may determine, and elect by said board for such term as said commissioners may fix; provided further that said Board of Commissioners may also delegate to said Board of Trustees full authority to prescribe and enforce necessary rules and regulations for the government of said institution. Control by Commissioners of Roads and Revenues. Delegation of control to Trustees. Sec. 4. Be it further enacted, That the Commissioners of Roads and Revenues of said county, or the trustees of said hospital, if the management, control, and supervision of said institution be committed to a board of trustees as hereinbefore provided, shall have authority to admit to said hospital free of charge any citizen of said county who on account of poverty is unable to pay the usual charges of said hospital. The admission of such charity patients shall be in accordance with the rules and regulations that may be adopted from time to time for the government of said hospital. Free patients. Sec. 5. Be it further enacted, That said Commissioners of Roads and Revenues shall have authority to levy annually upon all the taxable property in said county a tax sufficient in amount to pay the principal and interest of said bonded indebtedness within thirty years from the date the same may be incurred, and shall likewise be authorized to levy annually upon all the taxable property of said county, if necessary, a tax sufficient in amount to pay any deficiency in the revenues of said hospital that may be required to meet the expenses of operating and maintaining the same. Taxes to pay bond and deficiency in revenue. Sec. 6. Be it further enacted by the authority aforesaid, That the laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1924.
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CLARKE COUNTY TUBERCULOSIS HOSPITAL, AUTHORITY TO ESTABLISH; ELECTION AS TO BONDS. No. 376. An Act to authorize Clarke County to acquire, maintain and operate in said county a hospital for the care of persons requiring medical or surgical treatment for tuberculosis, to provide for the control and management of the same. To authorize said county to issue bonds in the sum of $50,000.00 upon the assent of two-thirds of the qualified voters of the said county, for the purpose of acquiring said hospital and equipment, levy taxes for the redemption of said bonds, and if necessary for the maintenance of said hospital and for other purposes. Section 1. Be it enacted by the General Assembly and the State of Georgia, and it is hereby enacted by authority of the same, That Clarke County is hereby authorized to issue bonds, in the sum of $50,000.00 for the purpose of acquiring, maintaining and operating in said county a hospital for the care of persons requiring medical or surgical treatment for tuberculosis; provided the issuance of said bonds be assented to by two-thirds of the qualified voters of said county, at an election to be called for the purpose of submitting to them the question of issuance of said bonds. At said election, voters desiring to vote in favor of the issuance of said bonds shall have plainly written or printed upon their ballots the words: For Tuberculosis Hospital Bonds, and voters desiring to vote against said bonds shall have plainly written or printed upon their ballots: Against Tuberculosis Hospital Bonds. Tuberculosis Hospital. Bond issue, election as to. Sec. 2. Be it further enacted, That should the requisite number of qualified voters of said county vote in favor of said bonds, the same may be issued and the proceeds of the same shall be used for the acquisition of said hospital and equipment and maintenance of the same. Sec. 3. Be it further enacted, That the management, control and supervision of said hospital shall be vested in the Board of Commissioners of Roads and Revenues of said
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county, which Board shall be authorized to promulgate and enforce all necessary rules and regulations for the government of said hospital; provided, however, said Board of Commissioners may delegate the control, management, and supervision of said hospital to a Board of Trustees, consisting of such number as said Board of Commissioners may determine, and elected by said Board for such term as said commissioners may fix; provided further that said Board of Commissioners may also delegate to said Board of Trustees full authority to prescribe and enforce necessary rules and regulations for the government of said institution. Control by Commissioners of Roads and Revenues. Delegation of control to Trustees. Sec. 4. Be it further enacted, That the Commissioners of Roads and Revenues of said county, or the trustees of said hospital, if the management, control and supervision of said institution be committed to a Board of Trustees as herein-before provided, shall have authority to admit to said hospital, free of charge, any citizen of said county who on account of poverty is unable to pay the usual charges of such hospital. The admission of such charity patients, shall be in accordance with the rules and regulations that may be adopted from time to time for the government of said hospital. Free patients. Sec. 5. Be it further enacted, That said Commissioners of Roads and Revenues shall have authority to levy annually upon all the taxable property in said county a tax sufficient in amount to pay the principal and interest of said bonded indebtedness within thirty years from the date the same may be incurred, and shall likewise be authorized to levy annually upon all the taxable property of said county, if necessary, a tax sufficient in amount to pay any deficiency in the revenues of said hospital that may be required to meet the expenses of operating and maintaining the same. Taxes to pay bonds and deficiency in revenue. Sec. 6. Be it further enacted by the authority aforesaid, That the laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1924.
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CLINCH COMMISSIONERS; DISTRICTS DECREASED; COMPENSATION CHANGED. No. 503. An Act to amend an Act approved August 12, 1915, (Acts of 1915, page 190) to create a Board of Commissioners of Roads and Revenues of Clinch County; to provide for the election of members thereof; to provide for commissioner districts; to provide for a chairman, vice-chairman and clerk, provide for their compensation; to define their powers and duties, etc., so as to provide for three (3) commissioner districts instead of five and to change the salary of chairman, clerk and members of said board, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section two (2) of said Act of the Legislature of 1915 (Acts of 1915, page 190) be stricken in its entirety and the following substituted in lieu thereof: That for the purpose of this Act, the County of Clinch shall be divided into the following County Commissioner Districts; The first Commissioner District shall be composed of the 1219th, 1141st, and 1389th militia districts. The second shall be composed of the 970th, the 1224 and 1052nd militia districts. The third shall be composed of the 1776th, the 1280th and the 1365th militia districts. Three districts, how composed. Sec. 2. Be it further enacted, That Section five of said Act be amended as follows: By striking the words and figures three ($3.00) dollars in line ten of said section and substituting therefor the following: three hundred ($300.00) per year, so that said section when amended will read as follows: Be it further enacted by the authority aforesaid, That the Board of Commissioners shall, at the first meeting on the first Monday in September, 1915, elect one of their members as chairman. The chairman shall preside at all meetings, sign the minutes of all proceedings, sign his names as chairman to all orders, warrants, summons, subpoenas or other processes issued by said board, or by authority of said board, and shall
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vote on all questions, at all meetings of said board, and shall receive for his services three ($300.00) dollars per annum; so that said section when amended will read as follows: Amendment. Sec. 2. Be it further enacted by the authority aforesaid, That a Board of Commissioners shall, at the first meeting on the first Monday in September, 1915, elect one of their members as chairman. The chairman shall preside at all meetings, sign the minutes of all proceedings, sign his names as chairman to all orders, warrants, summons, subpoenas or other processes issued by said board, or by authority of said board, and shall vote on all questions, at all meetings of said board, and shall receive for his services three hundred ($300.00) dollars per annum. Chairman, $300 per annum. Sec. 3. Be it further enacted by the authority aforesaid, That Section seven of said Act be amended as follows: By striking the words and figures two hundred ($200.00) dollars in line four of said section and substituting therefor four hundred ($400.00) dollars, so that said section, when amended, will read as follows: Amendment. Sec. 7. Be it further enacted by the authority aforesaid, That said Board of Commissioners, at their first meeting, shall elect a clerk with such pay as the board may allow, not to exceed four hundred ($400.00) dollars per year. Said clerk shall give a good and solvent bond in the sum of one thousand ($1,000.00) dollars, payable to the ordinary of Clinch County, to be approved by the ordinary of said county; said bond shall be conditioned for the faithful performance of the duties of said Clerk of the Board of Commissioners of Roads and Revenues in and for the County of Clinch. Said Board of Commissioners shall have the power to remove said clerk at pleasure, by a majority vote of the said board. Clerk's pay. Sec. 4. Be it further enacted by the authority aforesaid, That Section thirteen (13) of said Act be amended as follows: By striking the words and figures in line three of said section and substituting therefor the following: five ($5.00) dollars, so that said bill, when amended, will read as follows: Amendment.
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Sec. 13. Be it further enacted by the authority aforesaid, That each of said commissioners shall receive for his services the sum of five ($5.00) dollars per day for each day that they are in session at the court-house, and they shall not remain in session at the court-house more than twenty-four (24) days in each calendar year. Should any service have to be performed by any commissioner in his district, he shall receive the sum of two ($2.00) dollars per day for such services, and an account shall be kept by him showing the services done for the county, and presented to the full board, and not paid until allowed by them, and entered on the minutes. Per diem of Commissioners. Sec. 5. This Act is to become effective January 1, 1925. When effective. Provided, however, That the provisions of this amendatory Act in so far as relates to Sections two, and four hereof, shall become effective immediately upon the passage of this Act. 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, 1924. COASTAL HIGHWAY DISTRICT COMPOSED OF COAST COUNTIES, CORPORATE POWERS, ETC. No. 493. An Act to prescribe the rights, duties and responsibilities of The Coastal Highway District, a highway paving district to be composed of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden Counties, to prescribe the duties of the commissioners of said district, to provide for the issuance of bonds, the expenditures of funds, and other matters and things relating to the administration of said highway district as created by a constitutional amendment passed by the Legislature of Georgia at its session in 1924 to be ratified at the subsequent general election, and for other purposes.
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Section 1. The Coastal Highway District Board of Commissioners . Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That pursuant to the Constitutional amendment referred to in the caption hereof, The Coastal Highway District created as a political subdivision, body politic and corporate of this State, for the purpose of aiding in the construction of the public highway known as the Dixie and South Atlantic Coastal Highway, extending from the Savannah River to the Florida line, shall be managed and controlled, for the purpose of this Act and said Constitutional amendment, by a Board of Commissioners to be known as the Board of Commissioners of the Coastal Highway District. The said district shall sue and be sued under name of The Coastal Highway District, shall have a corporate seal to be adopted by the commission, and the commissioners thereof shall have power to make contracts and do all things necessary or proper to carry out the purposes of this Act and of the Constitutional amendment herein referred to. The said district shall be composed of the territory of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden Counties. Board of Commissioners. Name. Corporate powers. Counties composing District. Sec. 2. Personnel of CommissionTermBonds . The commission shall be composed of ten members, of whom four shall be freeholders and residents of the County of Chatham, two shall be freeholders and residents of the County of Glynn, and one each shall be freeholders and residents from the counties of Bryan, Liberty, McIntosh and Camden. They shall be selected and vacancies filled by the officers in charge of the levying of taxes in said counties respectively, that is to say, the officers in charge of the levying of taxes in Chatham County shall select the Chatham County Commissioners, and the like officers of each county shall select the commissioners or commissioner of each county. Their term of office shall be for five years and until thier successors are selected, and the commission shall continue until the purposes of this Act have been fully completed. A majority shall constitute a quorum and have power to act hereunder. Each member of the commission shall give bond to said Coastal Highway District
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in the sum of $10,000.00, a surety or bonding company, for the faithful discharge of his duties. Ten members. Residence. Mode of selection. Term of office. Quorum. Bond. Sec. 3. Organization of Commission . The said commission shall select one of their members as chairman, and one of their number as secretary and treasurer of the commission, and may appoint or employ attorneys or other persons whose services may be deemed by the commission to be necessary or useful in carrying out the purposes of this Act. The members of the commission shall receive no fixed salary, but when actually engaged upon the work of the commission shall be allowed a per diem of $10.00 per day and actual traveling expenses; provided, however, that the total per diem to be allowed in any one year shall not exceed $50.00 for each commissioner, and $100.00 for the chairman. Provided further that no such contract shall be executed nor expenditures made unless the bonds hereinafter authorized are issued. The said commission shall advise with the State Highway Department in the construction of said Coastal Highway, the selection of material, letting of contracts and performances thereof. Organization. Attorneys. etc. Pay of members. Advice of State Highway Department. Sec. 4. Application for State AidLimitation of Cost . The said commission shall, upon the ratification of the Constitutional amendment herein referred to, make application to the State Highway Department of Georgia for aid in the construction of a permanent roadway for that highway known as the Coastal Highway and the Dixie Highway, extending from the Savannah River to the St. Marys River. In the event that the State Highway Commission, or some person designated by it for the purpose, shall, to the satisfaction of the District Commissioner, certify that in the judgment of the State Highway Commission a hard surfaced road can be constructed at a cost not to exceed three and one-half million dollars, and that funds to be provided by the Federal or State Government, or both will be available for the purpose of paying at least three-fourths of said cost, and will be applied for such purposes, the said Coastal Highway Commission may proceed to exercise the powers herein conferred, but if such certificate shall not have been obtained within five years after the time this Act takes effect, such power shall not be exercised. The
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judgment of said District Commissioners herein shall be conclusive that the requirements herein provided have been complied with. State aid. Certificate as to cost, etc. Sec. 5. Issue of Bonds . The commission is hereby authorized to issue bonds for the said Coastal Highway District in an aggregate principal not to exceed $900,000.00, extending over a period of not exceeding 30 years, the proceeds of which shall be applied to the payment of one-fourth () of the cost of constructing the hard surfaced road described in the last proceding section of this Act, and to pay any expenses of the commission legally incurred under this Act. Said bonds shall be of the denomination of $1,000.00 each. They shall be issued as coupon bonds payable to bearer, but may be issued with the privilege of the holder having them registered as to principal on the books of a bank or trust company appointed by the commission as bond registrar or transfer agent of the said Highway Commission, and the principal thus made payable to the registered holder, subject to such conditions as the commission may prescribe. Bonds so registered in the name of the holder may thereafter be registered to bearer and thus be made payable to bearer. The registration herein provided for shall not affect the negotiability of the coupons of such bonds, but all coupons shall pass by delivery. The bonds shall bear interest at a rate not to exceed four and one-half per cent per annum, payable semi-annually. They shall be serial bonds, maturing in annual series and installments consisting of one or more bonds each, the first of which annual series of installments shall become due and payable not more than two years after the date of issuance. In case the bonds are issued in blocks bearing different dates of issue, each block may be made to mature serially as aforesaid without regard to the maturing of each block and of different date of issue. The principal and interest of the bonds may be made payable within or without the State of Georgia, and in gold or such other medium of payment as may be indicated on the face of the bond. The bond shall be signed by the said Highway Commissioners and the corporate seal of the Coastal Highway District shall be affixed to or impressed on the bond
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and attested by the Secretary of the Commission, but the coupons attached to the bonds need not be authenticated otherwise than by facsimile signatures of the chairman of the commission etched, lithographed or engraved on the coupon. The delivery of bonds so executed shall be valid notwithstanding any change in officers or seal occuring after such execution. Bond issue, not to exceed $900,000.00. Sec. 6. Bond ElectionValidation, Etc . The bonded indebtedness here provided for shall be incurred only after it has been submitted to the qualified voters of said district at an election to be called by the said District Commissioners and held in the same manner as elections for the incurring of a bonded indebtedness by counties, municipalities and divisions. In determining the result of the election, the vote of the entire district shall be consolidated and counted as a unit. Each county shall pay the expenses of the election in that county. The election shall be called, the details of the election handled, the vote shall be consolidated and the result of the election declared by the District Commissioners herein provided for. The Superior Court of any county in said district shall have jurisdiction to validate the said bonds, in conformity with the law providing for the validation of county, municipality and division bonds; and the certification by the Clerk of the Superior Court, taking jurisdiction of such validation, alone shall be sufficient certification. The proceedings for the validation may be instituted by the Solicitor-General of any Judicial Circuit within which any of said counties lies, but the proceedings shall be served upon the authorities managing the fiscal affairs of each of said counties, and they shall make answer thereto. Such indebtedness when incurred shall not be considered in determining the power of any of the counties composing said district, or any other county or municipal corporation or political subdivision of said State, to incur any other bonded indebtedness. Election as to bonds. Vote of entire district to be counted as unit. Expenses. Validation. Sec. 7. Lien and Payment of Bonds . The said bonds when issued shall be a lien upon the entire property of the territory composing said district, and the entire property of said district shall be subject to taxation for the payment thereof, and said
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indebtedness shall be first lien to the extent of the annual retirements and interest payments thereon, upon any sums payable annually hereafter by the State of Georgia to the said counties respectively from the amount of taxes collected from gasoline, oil and automobile taxes and licenses until all bonds of said district are retired. At or before the issuance of said bonds the commissioners of said district shall assess the counties composing said district an amount sufficient to pay and retire the bonds as they become due and pay the interest on the same. The assessment against each county shall be in proportion to the taxable value of the real and personal property, including public utilities returned for taxation as finally adopted by the Comptroller-General, and the proper authorities of each county shall at or before the issuance of said bonds provide for the levying, assessment, and collection of a sum sufficient to pay the principal and interest of such county's part of said indebtedness when and as the same becomes due. Upon the collection by the county authorities of the sum to be paid upon the indebtedness accruing hereunder such county authorities shall immediately pay the same over to the District Road Commissioners, who shall deposit it as herein directed, and shall meet all interest payments and retirements promptly, as the same become due. It is made the duty of the said District Commissioners to see that the county authorities carry out the terms of this Act with reference to the collection and payment of sums sufficient to take care of each county's part of said indebtedness, and they are authorized and directed to take such action as may be necessary to compel the performance of this obligation. Any excess of such tax collected by any county over and above the amount necessary to the county's liability for that year, after using the amount derived from tax or gasoline, oil, automobile taxes and licenses as hereinbefore provided, shall be retained and the tax levied for the succeeding year shall be that much less. Lien of bonds. Taxation to pay bonds. Payments. Enforcement of collection. Sec. 8. BondsTax Exempt . All bonds issued under this Act shall be exempt for State, county, municipal, school and district tax in the State. Bonds non-taxable.
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Sec. 9. Sale of Bonds . The said bonds may be issued either all at one time, or from time to time in lots. They shall be sold by the commission to the highest bidder upon such bids submitted pursuant to notice published at least once ten days before the sale, in a newspaper printed and circulated in the City of Savannah, Georgia, and in the City of Atlanta, Georgia, and pursuant to such further advertisement as the commission may deem advisable. If no legally accepted bid is received pursuant to notice published as aforesaid, any or all of said bonds so advertised may be sold at private sale within two months thereafter. The bonds shall not be sold for less than par and accrued interest to the date of delivery. Sale of bonds. Sec. 10. Custody and Proceeds of said Bonds . The proceeds of the sale of all bonds and also any other money which may come into the hands of the commission shall be received by the Treasurer of the Commission, and said treasurer is hereby authorized to receipt for such money on behalf of the Highway District Commission. The treasurer shall immediately deposit said money in such chartered bank or banks as the said commission shall authorize. The fund shall be held subject to the warrant of the commission, signed by a majority of the members of the commission. The premiums on bonds given by the commissioners for the faithful discharge of their duties and salaries and other expenses paid by the commission shall be paid out of the money raised by the issuance of the bonds under this Act. Treasurer of Commission, duties of. Expenses. Premiums on official bonds. Sec. 11. Reports of Commission . The commission shall at the close of each fiscal year make a full report of its transactions during the year, including an itemized statement of the money received and disbursed, and file a report with the Clerk of the Superior Court of Chatham County, Georgia, and publish same in the newspapers of Chatham and Glynn Counties, in which sheriffs' advertisements are published. The Grand Jury of any county of said district may make an examination of the books, papers and accounts of the said commissioners and the work of said commission as now provided by law, as in the case of county officers, and may appoint a certified public accountant to assist in said examination. Reports, filing and publication. Examination of books. etc., by Grand Jury.
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Sec. 12. Power of Commission. Condemnation . Said commission shall have power to condemn lands and rights of way for the purpose of carrying out the provisions of this Act and shall have power to make rules, regulations and ordinances as may be necessary to further the purposes of this Act, provided that same do not conflict with this Act or the Constitutional amendment upon which it is based, and said rules, regulations and ordinances when so passed shall have the binding effect of laws of the State of Georgia. Powers. Condemnation of land. Sec. 13. Commissioners Not to Be Interested In Contracts . No commissioner shall be financially interested either directly or indirectly in any contract, proposal or employment in connection with the construction of said roadway or the sale of its bonds. Any of said commissioners may be removed from office for malfeasance, incompetency or neglect, by the power appointing said commissioner, after public hearing given. Financial interest of commissioner. Removal of commissioner. Sec. 14. Date Act Effective . This Act shall take effect upon the ratification of the Constitutional amendment herein referred to; and should this Constitutional amendment fail of ratification, then in that event this Act shall be of no effect. Effective on ratification of amendment to Constitution. Sec. 15. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1924. COBB COMMISSIONER, ELECTION TO CREATE OFFICE. No. 383. An Act to create a Commissioner of Roads and Revenues for Cobb County, Georgia; To provide for the election of the same; To define his powers and duties; To fix his compensation, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Cobb County shall have one Commissioner of Roads and Revenues, whose term of office shall be four years, beginning January 1, 1925, and ending December 31, 1928, who shall be elected at an election hereinafter provided for; whose successor shall be elected at the same time and under the same rules and regulations as now control the election or ordinary and other county officers. Election and Term of Commissioner. Sec. 2. Be it further enacted by the authority aforesaid, That said commissioner, before entering upon the duties of his office, shall give bond, with good and solvent security, same to be approved by the ordinary of said county, in the sum of ten thousand dollars, payable to the ordinary of Cobb County and his successor in office, conditioned upon the faithful performance of his duties and the carrying out of the conditions thereof. The said commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance in office, or any tort or wrong committed under color of office, as well as neglect of duties. That the said commissioner shall, before entering upon the discharge of the duties of his said office, make and subscribe to an oath before the ordinary of said county to faithfully discharge his duties and carry out the provisions of this Act to the best of his skill and knowledge, and to the best interest of the county. Bond. Oath. Sec. 3. Be it further enacted by the authority aforesaid, That the compensation of said commissioner shall be $3,000.00 per annum, payable monthly, at the end of each month. Salary. Sec. 4. Be it further enacted by the authority aforesaid, That the said commissioner shall have a clerk to keep all books and records of his said office, his salary to be fixed by said commissioner, together with the ordinary and the Clerk of the Superior Court as hereinafter provided for. But said salary is not to exceed the sum of $1,200.00 per annum. Said salary for said clerk is to be in full for compensation for his services, free from any perquisites of any kind or character.
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Said clerk shall perform all duties required of him by said commissioner in keeping all the records and minutes of said office, and keeping the commissioner's office open and all records open to public inspection by any tax-payer of said county. Clerk; salary and duties. Sec. 5. Be it further enacted by the authority aforesaid, That it shall be unlawful for any candidate for said office of commissioner, 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 may be under the control of said commissioner. Any person as a candidate so offending shall be ineligible to hold said office, and upon conviction of any such act shall be punished as for a misdemeanor. Unlawful promise by candidate, as to work, purchase, or appointment. Penalty. Sec. 6. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of commissioner by reason of death, resignation, recall, or otherwise, the ordinary of said county shall serve until his successor is elected and qualified. Such vacancy shall be filled at a special election called by the Clerk of the Superior Court of said county, which election shall be held within thirty days from the vacancy. All rules and regulations governing regular county elections shall govern all regular and special elections held under this Act. Vacancy. to serve until election. Sec. 7. Be it further enacted, That any person to be eligible to hold the office of Commissioner of Roads and Revenues of said County of Cobb under the provisions of this Act must be at least 25 years old, shall have been a bona fide resident and citizen of said county for two years or more prior to his election, shall be a freeholder, shall be of good moral character, and shall be experienced in matters of finance. The said commissioner shall be ineligible to hold any other office of the county during his term of office as such. Qualifications. Ineligible to additional office. Sec. 8. Be it further enacted, That said commissioner shall have and he is hereby vested with exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all the property of the county as he may deem
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best and expedient according to law. In levying taxes for general and special purposes as provided by law, except as hereinafter provided. In establishing, altering or abolishing all public roads, public bridges, and ferries in conformity to to law. He shall have charge and supervision of the chaingang of said county, of the construction and maintenance of all public roads and bridges of said county, and of all other public work of the county. He, the said commissioner, is hereby authorized and empowered to open and maintain the public roads and bridges and to do any and all public work of the county with either convict labor or hired labor, or with both, as in accordance with law and as appears to serve the best interests of the county. Powers and duties. Powers and duties. The said commissioner is hereby further authorized and empowered, in building and maintaining public roads and bridges, building and repairing the public buildings of the county and in having done any and all kinds of public work belonging to the county, to have such work done by contract in such manner and in accordance with the law provided for such contracting. He shall appoint superintendents, guards, overseers and necessary labor and help as is necessary for operating the chain-gang, in building and maintaining the public roads and bridges and any and all public work of the county, as appears to be to the best interest of the county, having supervision over all such employees with power to discharge for cause. The said commissioner shall be the chief purchasing and selling agent of the county for all animals, machinery, implements, materials, and supplies of all kinds used in the construction and repairs of the buildings, roads, bridges, and for all public work of the county; and, also, for the supplies for the use of the convicts. All such contracts, purchases and sales as heretofore mentioned, involving financial transactions, shall be made subject to the conditions hereinafter provided. He shall fix the amount of commutation tax or number of days' work to be performed on the public roads in lieu of said commutation tax. In case work is done in lieu of commutation
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tax, such work is to be done on the public roads in the militia district in which the party subject to such tax or work lives. All monies paid in as commutation tax shall be spent on the public roads in the district from whence they came. The said commissioner shall keep, or have kept, in his office a book containing a correct list of the names of all persons subject to commutation tax or road duty in each and every militia district designating whether white or colored; said list to be reissued each year. He shall collect or have collected all commutation tax, shall fix the time when such tax shall be paid or the work performed. He shall try all road defaulters in accordance with the law so provided. He shall make such rules and regulations as is necessary and in accordance with law for the support of the poor, for county police and patrol when necessary, for the protection of health and quarantine when necessary, as are granted or not inconsistent with law. He shall appoint all minor officers, aids, help and assistants for the necessary and lawful purposes of the county, where election is not otherwise provided by law. He shall examine, allow and settle all just claims against the county. He shall examine and audit the accounts and books of all officers having the care, management, keeping or disbursement of funds or money belonging to the county. He shall examine and audit the accounts, obligations, and receipts of those who have charge of claims of any kind or nature in favor of the county. In case it becomes necessary the said commissioner is hereby authorized and directed to take such legal steps as is necessary to bring any defaulting official or person to account for failure of duty in such capacities or positions as are above mentioned. He shall try all road defaulters in accordance with the laws. He shall regulate peddling and fix the costs of license therefor. Powers and duties. The said commissioner shall exercise all the powers and duties heretofore vested in the ordinary of said county when sitting for county purposes, and shall exercise such other powers and duties in connection therewith as are granted by law or may be indispensable to his jurisdiction over county
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matters, except that in financial matters he shall be subject to the limitations hereinafter provided. Sec. 9. Be it further enacted, That the Ordinary and the Clerk of the Superior Court of said county are hereby made an advisory board, to serve and act in conjunction with the said commissioner in the following matters, to-wit: In handling all financial affairs of the county, in fixing the tax rate of the county, in allowing the insolvent tax list of the county, in settling all claims of officers and others having the care, management or disbursement of county funds, in providing for the poor of the county, in the examination of the tax digest and the correction of errors, in regulating or fixing fees as may be provided by law, in supervising and awarding contracts for the purchase or sale of properties, supplies, machinery, and materials of all kinds, as well as contracts for building of bridges, construction of road projects or public buildings of the county. In performing the duties above specified, said Ordinary and Clerk of the Superior Court shall devote such time as is necessary, and shall be paid therefor the sum of $5.00 per day for each day served. Advisory Board: Ordinary and Clerk of Superior Court. Duties and pay. They shall meet with the said commissioner who shall be chairman of such meeting. Upon questions for determination, a majority vote of the three shall control. Majority control. Said Ordinary and Clerk of the Superior Court shall have no supervision or control over the affairs of said county heretofore delegated to the said commissioner. They are to serve as advisors in financial matters, only pertaining to the interest of the county directly. Limit of Advisory Board's control. Sec. 10. Be it further enacted, That said commissioner in conjunction with said Ordinary and Clerk of Superior Court are especially charged with the duty of examining and auditing the books and accounts of the county treasurer and county depository. They shall see that separate accounts are kept of different funds levied, and that no vouchers are paid out of any other fund than the one on which the said voucher is drawn. They shall examine the books of the Tax-Collector and Tax-Receiver, the Sheriff, the Superintendant or Commissioner
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of Public Schools of the county, and all officers and persons through whose hands county funds may pass. If necessary they shall have such records and books examined and audited at any time as they see proper, by expert accountants. In the event the books and accounts of any officer of the county or any other person who is entrusted with funds belonging to the county or through whose hands county funds may pass, or any officer whose duty it is to collect funds, claims and dues for the county shall show a misuse of the funds of the county, or shall fail or neglect his duties in collecting any funds, claims or dues that may be due or belonging to the county, the said commissioner and the said advisory board shall take such legal steps as are necessary to cause any defaulting officer of the county, or any other person through whose hands funds belonging to the county may pass, to promptly answer such charges before the Judge of the Superior Court. Auditing accounts. Misuse of funds. Prosecution. The said commissioner and the said advisory board shall have authority to employ a county physician if necessary, and a county attorney if necessary, in such manner and for such compensation as may serve the provisions of the law and the best interest of the county. In case that a county physician and a county attorney are employed by the year, then the said commissioner and said advisory board may fix such salary as they may deem fit, not to exceed the sum of six hundred dollars each, per annum. County Physician and Attorney. Salaries. Sec. 11. Be it further enacted, That the said commissioner shall keep or cause to be kept a proper and accurate book of minutes, wherein shall appear all orders, proceedings had and passed with reference to county matters. He shall keep a full and accurate book of county warrants, wherein shall appear in detail all orders and warrants drawn on the county treasurer by him, for what purpose, and on what fund. He shall also keep a book in which he shall enter, in itemized form, all articles or things of whatever kind purchased by him for use and consumption by any department of the county government, giving the name of article, date when purchased, from whom purchased, the price paid therefor, and for which
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department purchased and used. He shall keep a cash book, in which he shall enter daily any cash item received by him, from whom received, and for what purpose received. He shall keep a record, separate from other financial affairs of the county, of all expenditures on account of the chain-gang of said county. He shall keep a book of inventory of all properties of the county consisting of live stock, chain-gang outfit, road-working machinery and tools, and every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year. He shall keep such other books and records as are necessary to show at all times the financial condition of the county. The same shall be open to inspection by any citizen or taxpayer of the county. Minutes. Accounts. Sec. 12. Be it further enacted, That it shall be unlawful for said commissioner to employ any person related to him within the third degree, by blood or marriage, or to contract with any such person for any equipment, material or supplies, or for any work to be done on the public roads, bridges or other work of the county; except when bids are received for any such work, equipment, materials or supplies, upon full specification and due and legal advertisements in reference thereto, and a person so related submits the lowest bid therefor. Employment of relatives, or contracts with them except where lowest bidder, prohibited. All purchases of supplies and all other materials shall be by competitive bids. The commissioner shall post a notice of all supplies and materials needed for the county, at least ten days before the purchase; the said notice to be posted at the court-house door of said county, or in some official newspaper in the county. A notice at the court-house door shall be considered due and legal advertisement. Written bids shall be submitted to the commissioner, together with the ordinary and clerk as aforesaid, who shall have the right to reject any and all bids if they see proper so to be. Bidding for sale of supplies; notice, etc. It shall be unlawful for said commissioner, the ordinary or the clerk, or either of them to have any financial interest in the sale or purchase of any article to or from the county, or to receive
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any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any equipment, material or supplies for the county, or the awarding of any contract; and if either of the said parties shall violate any of the provisions of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1065 of the Penal Code of Georgia, and shall forfeit his office, and such conviction shall create a vacancy in the office he holds. Unlawful interest of commissioner, ordinary, or clerk, in sales, etc. Receiving rebates free transportation, etc. Penalties. Sec. 13. Be it further enacted, That no material for public bridges, roads or buildings shall be purchased for the county, except upon written specification as to quality, and all such material must be suitable for the purpose intended, of good quality and generally recognized as standard for the purpose to be used. Metal culverts shall be bought according to the size and gauge, and such as are recognized by the State Highway Department and the United States Road Building authorities as standard for road purposes. All laws of Georgia as to competitive bidding for such materials shall be strictly observed. Contracts for material of bridges, roads, buildings; requirements as to Sec. 14. Be it further enacted, That the said commissioner shall keep in constant touch with the office of the Highway Department and the office of the Director of Public Roads of the United States Department of Agriculture, and shall secure and keep in his office all free bulletins and pamphlets bearing on the subject of road building and maintenance, and familiarize himself with all such literature. To keep in touch with State Highway Commissioner and U. S. Director of Roads. Sec. 15. Be it further enacted, That if the commissioner shall fail to perform faithfully the duties of his office under this Act, whether from wilful neglect, from misconduct, malfeasance or malpractice in office, or from any mental or physical disability, or from any other cause that unfits him for the duties of his office, he may be recalled in the following manner: Upon the presentation to the ordinary of said county of a written petition signed by one-third of the qualified voters of said county, as shown by the last registration list duly certified by the registrars of said county, said petition setting
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forth the reason and grievances of said petitioner and asking for the recall of said commissioner, the ordinary shall order an election to determine the recall not earlier than 20 days and not later than 60 days from the date of the presentation of such petition; such election to be governed in all respects by the laws, rules, and regulations governing the election of county officers. If in the election a majority of the votes cast are in favor of the recall, then the said commissioner's office shall be declared vacant, and an election shall be called to fill said vacancy within thirty days thereafter, but if a majority of the votes cast are against recall, then the said commissioner shall remain in office. Recall of Commissioner, mode of. Petition. Election as to recall. Election of successor. In the event of a vacancy pending an election while the ordinary is performing the duties of said commissioner as hereinbefore provided, the Judge of the Superior Court shall name a freeholder to act in lieu of and perform the duties now provided for said ordinary in conjunction with the Clerk of the Superior Court relative to the financial affairs of said county. Temporary appointment by Judge of Superior Court. See Sec. 6. Sec. 16. Be it further enacted, That the Commissioner of Roads and Revenues shall hold a regular court on the first Tuesday in each month for the transaction of public business pertaining to county matters, the same to be held in the present room or office now occupied by the Board of County Commissioners of Cobb County, at the court-house in Marietta, Georgia; provided, that the commissioner, together with the said ordinary and clerk, may hold meetings at any time they deem proper for the transaction of county matters. The said commissioner is hereby authorized to administer oaths and hear testimony as to all matters over which he has jurisdiction. When sitting as a court, the said commissioner shall have power to punish for contempt under the same rules and regulations as provided for other courts. Commissioner's Court: time of meeting. Place. Powers as court. Contempts. Sec. 17. Be it further enacted, That before this Act shall go into effect and become a law, it shall be submitted to the qualified voters of the County of Cobb, at an election to be called by the ordinary of the county, to be held on the 10th
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day of September, 1924. If a majority of the votes cast thereat shall be in favor of this Act, then the same shall become a law and effective January 1, 1925, but should it fail to receive a majority of the votes cast in said election, then it shall not become the law. In case this Act is ratified by a majority of the votes cast at said election, then the ordinary shall call an election to elect the one commissioner on the first Saturday in December, 1924, in connection with the election for Justice [of the] Peace. And the ordinary shall prepare and furnish all blanks, tickets and stationery pertaining and belonging to said elections. Referendum. Election of Commissioner. In case this bill becomes law and commissioner is elected, he shall be commissioned by the Governor as are other county officers. Governor's commission. Sec. 18. Be it further enacted, That in case this Act becomes a law and a Commissioner of Roads and Revenues is elected, then on January 1, 1925, the present Commissioners of Cobb County shall turn over to said commissioner all properties, funds, machinery, tools, stock and every thing of value belonging to Cobb County which may be in their possession at that time. Transfer of property by predecessors. Sec. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 7, 1924. COBB COMMISSIONERS, CONDITIONAL REPEAL OF ACT CREATING BOARD. No. 373. An Act to repeal an Act to create a Board of Commissioners of Roads and Revenues of Cobb County, and for other purposes, approved August 22, 1907, with all amendments thereto, and for other purposes.
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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues of the County of Cobb, to define their duties and powers, to fix their compensation, and for other purposes, approved August 22, 1907, be and the same is hereby repealed. Repeal of Act creating Board. Sec. 2. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until the Act creating a County Commissioner for Cobb County is ratified by a vote of the qualified voters of Cobb County as provided for in House Bill No..... Condition on which effective. See ante, pp. 314, 323. 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, 1924. COFFEE COUNTY DEPOSITORY; SECURITY REQUIRED. No. 428. An Act creating a County Depository in and for Coffee County, and to provide for the receiving and disbursing of county funds and for the keeping of records as heretofore kept by the County Treasurers of this State, and defining the duties and powers of County Commissioners relative thereto, approved August 12, 1921, found in the Georgia Laws of 1921, commencing on page 438, ending on page 442, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That an Act creating a County Depository, in and for Coffee County and to provide for the receiving and disbursing of county funds, and for the keeping of records as heretofore kept by the County Treasurers of this State, and defining the duties and powers of County Commissioners relative thereto
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and for other purposes, approved August 12, 1921, commencing on page 438 and ending on page 442, in the Georgia Laws of 1921, be amended by striking from said Act all of Section 3, and inserting in lieu thereof the following: Amendment. Sec. 3. Be it further enacted by authority aforesaid, That no such bank or banks shall be allowed to act as such depository and disbursing agent until it or they shall have given security to said commissioner, to be by them approved, for the faithful performance of all the duties pertaining to said appointment, in the sum of not less than ten thousand dollars. It shall be within the powers of said commissioners to require such bank or banks to strengthen such security or give new security, or to increase the amount of such security, at any time, and, in default of the same being done, to revoke the appointment of such bank or banks as depository and disbursing agent. Security required of bank. 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 repealed. Approved August 12, 1924. DAWSON COMMISSIONERS, ORDINARY TO BE CHAIRMAN; PAY. No. 393. An Act to amend An Act to create a Board of Commissioners of Roads and Revenues for the County of Dawson; to define their powers and duties and prescribe their qualifications; to provide for their selection, terms for which they shall be selected; their compensation, and for other purposes, approved July 31, 1920, so as to fix the salaries of the members of the board and designate the chairman, and for other purposes. The General Assembly of Georgia enacts the following:
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Section 1. Section 1 of An Act to create a Board of Commissioners of Roads and Revenues for the County of Dawson, to define their powers, and duties, and prescribe their qualifications; to provide for their selection, terms for which they shall be selected, their compensation, and for other purposes, approved July 31, 1920, is amended so as to read as follows: Section 1. There shall be established and created in Dawson County a Board of Commissioners of Roads and Revenues for said county, to consist of three members, namely; the Ordinary, who shall be Chairman of said board, the Sheriff and the Clerk. Board to consist of Ordinary, Sheriff, Clerk. Sec. 2. Section 3 of said Act shall be amended so as to read as follows: Sec. 3. It shall be the duty of the chairman of said board to keep all minutes of all the proceedings of said board in a book kept for that purpose, so that they may be audited twice a year at the same time the books of other county officers are audited before the term of the Superior Court. The compensation of said commissioners shall be two ($2.00) dollars per day for each of the board while in the actual discharge of his duties, which shall be paid monthly out of the county treasury by warrant of said board. Per diem of Commissioners. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved August 8, 1924. DeKALB COMMISSIONER'S SALARY INCREASED. No. 370. An Act to amend an Act approved August 12, 1919, said Act approved August 12, 1919, being an Act to amend an Act entitled An Act to authorize the election of Commissioner of Roads and Revenues for the County of DeKalb,
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to prescribe his powers, duties, and compensation; to repeal the Act approved December 18, 1902, creating a Board of Commissioners of Roads and Revenues for said county, and for other purposes, approved August 21, 1906, so as to increase the salary of said Commissioner of Roads and Revenues by striking from the second and third line of Section two of said Act, approved August 12, 1919, the words and figures twenty-four hundred ($2,400.00) dollars per annum, and inserting in lieu thereof the words and figures, three thousand ($3,000.00) dollars per annum, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That an Act approved August 12, 1919, amending an Act approved August 21, 1906, entitled An Act to authorize the election of a Commissioner of Roads and Revenues; to prescribe his powers, duties, and compensation; to repeal the Act approved December 18, 1902, creating the Board of Commissioners of Roads and Revenues for said county, and for other purposes, be and the same is hereby amended by striking from the second and third lines of Section two of said Act approved August 12, 1919, the words and figures twenty-four hundred ($2,400.00) dollars, and inserting in lieu thereof the words and figures three thousand ($3,000.00) dollars; so that said section when thus amended shall read as follows: Amendment. Sec. 2. Said commissioner shall receive as his entire compensation the sum of three thousand ($3,000.00) dollars per annum, to be paid monthly out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn, but said commissioner shall be allowed also to employ a clerk as hereinafter provided, and pay for the services of said clerk out of the county funds such sum as he may determine and agree on, not to exceed fifteen hundred ($1,500.00) dollars per annum. Before entering upon the discharge of his duties said commissioner shall take and sign an oath before the ordinary of said county for the true and faithful performance of his duties as commissioner under this Act, which oath shall be recorded on the ordinary's minutes, and
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shall give a satisfactory surety bond, to be judged of by the ordinary of the county, the same to be payable to the ordinary or his successors in office, and filed in the office of ordinary and entered on his minutes, which bond shall be in the sum of ten thousand ($10,000.00) dollars, conditioned for the faithful performance of the duties of the office, and for any violation of the conditions thereof, said bond may be sued upon in the name of the county by the ordinary, either of his own motion or by direction of any Grand Jury of said county, and the commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance in office, or any tort or wrong committed under cover of his office, as well as for neglect or nonfeasance. Salary. Sec. 2. Be it further enacted by authority aforesaid, That this Act shall become effective and of force September 1, 1924. Sec. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 6, 1924. EARLY COMMISSIONERS, PRIMARY ELECTIONS FOR. No. 295. An Act to change the manner in which the County Commissioners of Early County shall be elected in primary elections, to provide a method of electing such commissioners in primary elections, to modify the existing Act creating and effecting the Board of County Commissioners of Early County accordingly, 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 in every political primary election held by any political party, organization or
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association for the purpose of choosing or selecting candidates for office as commissioners of Early County, that is, members of the Board of County Commissioners of Early County, one of such five commissioners shall be elected from each of the five districts known respectively as the northeastern, northwestern, southeastern, southwestern and middle districts, as designated and defined in the Acts of 1917, page 349; provided, however, that each of said commissioners shall be elected in such primary election by a majority vote of the qualified voters of the district in which he resides, and the person receiving the highest number of votes cast in such election from his said district shall be declared to be elected commissioner in such primary election from such district. The word District as used in this Act, is used in the sense defined and designated in the Act of 1917, page 349, whereby Early County is divided into five certain definite districts for the purposes of that Act. Primary election. Districts from which elected. Districts elects one. Sec. 2. Be it further enacted by the authority aforesaid' That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 25, 1924. ELBERT TAX EXEMPTION, ELECTIONS AS TO. No. 369. An Act to authorize and direct the ordinary of Elbert County, Georgia, to call elections at such times hereafter as he may desire for the purpose of submitting to the qualified voters of Elbert County who are qualified to vote for members of the General Assembly of Georgia, the question of whether or not the taxing authority of such county may exempt from taxing such property as is mentioned in the Constitution of this State in Article seven, Section two and Paragraph two A. That if a majority of the qualified voters above referred to shall vote to exempt the property above referred to in said article, section and paragraph from taxation, the
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taxing authority of said county shall not levy taxes on said property, to provide the manner of holding such elections, the preparation and counting of the ballots, the declaring of results, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, That the Ordinary of Elbert County, Georgia, is hereby authorized and directed to call an election at such times hereafter as he may desire for the purpose of submitting to the voters of Elbert County who are qualified to vote for members of the General Assembly of Georgia the question of whether or not the tax levying authority of said county may exempt from taxation such property as is provided in the Constitution of this State contained in Article seven, Section two, Paragraph two A. Exemption of farm products in hands of producer, one year. Ga. L. 1912, p. 36. Park's Code, 6554. Sec. 2. Be it further enacted by the authority aforesaid, That if a majority of the voters above mentioned of said above-mentioned county shall vote for exemption of taxation of the property above referred to, then the taxing authority of said county shall tax such property. If a majority of the voters above referred to shall vote against the exempting the property above referred to, then the taxing authority of said county shall not exempt such property from taxation. Referendum. Sec. 3. Be it further enacted by the authority aforesaid, That the manner of holding said elections, the preparation of the ballots, the counting of the ballots, and the declaration of results shall be the same as is now provided for holding of elections of County Commissioners of said County of Elbert. Mode of election. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924.
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FORSYTH COMMISSIONERS, REPEAL OF ACT CREATING BOARD, ETC. No. 380. An Act to repeal an Act creating a Board of Commissioners of Roads and Revenues of Forsyth County; provide for election of said road board; provide for the election of their successors; provide for their terms of office; provide for a clerk of said board; provide for the appointment of road supervisors or road engineer and for his compensation; provide for the election of an attorney for said board and for his compensation; provide for the filling of vacancies by said board and for other purposes, (approved August 18, 1919), and to abolish said board and the offices created by said Act, and confer all the powers and duties of said board upon the ordinary of said county and to provide compensation for his services, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the first day of January, 1925, the Act creating a board of Commissioners of Roads and Revenues of Forsyth County, to provide for the election and creation of a road board; provide for the election of their successors; provide for their terms of office; provide for a clerk of said board; provide for the appointment of a road supervisor and for his compensation; provide for the election of an attorney for said board and for his compensation, and how paid; provide for the filling of vacancies on said board, approved August 18, 1919, be, and the same is hereby repealed, and the several offices provided for therein, abolished. Board abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all the powers and duties conferred upon said Board of Commissioners of Roads and Revenues of Forsyth County by said Act, approved August 18, 1919, together with all other provisions of the laws of this State in regard to the administration of county affairs, shall be vested in and discharged by the Ordinary of Forsyth County. Ordinary to be successor.
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Sec. 3. Be it further enacted by the authority aforesaid, That the ordinary shall receive as compensation for said services the sum of eight hundred ($800.00) dollars per annum, which shall be paid out of the county treasury upon monthly orders drawn by him on the county depository. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1924. GILMER COMMISSIONER; OFFICE CREATED, COMMISSIONER NAMED. No. 251. An Act to create the office of Commissioner of Roads and Revenues of Gilmer County; to name the person who shall fill such office from the passage of this Act until the first day of January, 1929; to provide for the election of this successor by the qualified voters of the said county; to provide for filling vacancies which may occur; to fix his salary define his powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the office of Commissioner of Roads and Revenues in and for the County of Gilmer to consist of one member, is hereby created; this Act to go into effect and become operative from and after the passage of this Act. Office created. J. S. Hudson, Esq., of said County of Gilmer is hereby named as such commissioner, who shall hold office from the date of the passage of this Act until the first day of January, 1929. Commissioner named; term. Sec. 2. Be it further enacted, 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. Should a
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vacancy occur in said office by death, resignation or otherwise, the same shall be filled by appointment by the Governor of the State of Georgia until the next regular election for State and county officers; when such vacancies shall be filled for a term of four years; and in like manner at each regular election for State and county, an election shall be held to fill the office for such commissioner. In each case as above, whether by appointment or election, the person so appointed or elected shall, after taking the required oath and giving bond as hereinafter provided, take and hold said office until his successor is elected and qualified. Qualifications. Vacancy. Elections. Sec. 3. Be it further enacted, That the commissioner elected as herein provided, shall be commissioned by the Governor for the term of office for which he is elected and before entering upon the discharge of his duties shall subscribe to the oath before the ordinary of said county officers, and shall give bond, with good security, to be approved by the ordinary of said county, payable to the Governor and ordinary and their successors, which security shall be given in two separate bonds; one bond to be payable to the Governor and his successor in office, in the sum of $10,000.00, and the other be payable to the ordinary of said county and his successors in office, in the sum of $10,000.00, conditional for the faithful performance of his duties as such commissioner, which bond, when approved by said ordinary, shall be by him recorded in the record of official bonds kept by him in his office. This bond shall be given in some good solvent surety company, the premium on which shall be paid out of the funds of said county. Commission from Governor. Oath. Bond. Sec. 4. Be it further enacted, That said Commissioners of Roads and Revenues shall hold a regular court for the transaction of public business pertaining to the county matters, the same to be held in the court-house in said county, in which the office of the clerk of said court or office shall be located, and kept open in the same manner as other county offices on the first Tuesday in each month of the year, provided the said commissioner may hold sessions at any time he may deem proper, or be called by him for the transaction
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of county matters. And said commissioner shall be authorized to administer oaths and hear testimony as to all matters over which he has jurisdiction, and when sitting as a court shall have power to punish for contempt under the same rules and regulations as are provided for other courts. Commissioner's Court; Time of sitting. Powers. Contempts. Sec. 5. Be it further enacted, That the commissioner, if in his discretion a clerk is necessary, shall appoint a clerk, whose salary shall not exceed $600.00 per annum, to be paid monthly out of the county treasury; and it shall be the duty of the said clerk to attend all business meetings pertaining to the office, and he shall keep in order the minutes of all transactions of the office, to file and keep in order of their date all original orders and papers, petitions, applications and other papers, addressed to the commissioner concerning county business. The clerk shall keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the commissioner, giving the amount and date of said such payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts or other indebtedness contracted by the commissioner. All the books, files and records required to be used or kept in the office of the Commissioner of Roads and Revenues shall always be ready and open to inspection of any taxpayer of the county. Said clerk, before entering on the discharge of his duties, shall be required to give bond and take the same oath as required by the commissioner, which bond shall be in the sum of $1,000.00, payable to the said commissioner for the faithful performance of his duties; said clerk shall hold office at the discretion of the commissioner. In the event no clerk is appointed, the commissioner shall perform all the duties provided in Section 5 of this Act. Clerk; Salary, duties. Records. Bond of clerk. Failure to appoint clerk. Sec. 6. Be it further enacted, That said commissioner shall receive for his compensation, to be be paid out of the county treasury, a salary of $1,800.00 per annum for his services, to be paid monthly at the end of each month's service. Salary of Commissioner. Sec. 7. Be it further enacted, That said commissioner shall have exclusive jurisdiction and control over the following
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matters, to-wit: in controlling all the property belonging to said county as he may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in said county; in establishing, changing or abolishing election precincts or militia districts; in supervising tax-collector's and tax-receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management or disbursement of funds belonging to the county, and in bringing them to settlement; in providing for the poor of the county, and for the promotion of health, as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine tax-digest of said county, for the correction of errors; in regulating or fixing license fees, as may be provided by the law; in maintaining the county chain-gang on the public roads or public works of the county as provided by law, such as superintendents, wardens, guards of convicts, and district road overseers, in fixing the amount of commutation tax or the number of days work to be performed in lieu of said tax and the fixing the per diem of road overseers as said commissioners may deem best for the interest of the county; in fixing the time when said commutation tax shall be paid or the work performed, in trying road defaulters in accordance with law; and to have and exercise all the power heretofore vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or may be indispensable to their jurisdiction over county matters and county finances. Jurisdiction. Powers. Sec. 8. Be it further enacted, That it shall be the duties of the commissioner created by this Act to use all the convict labor as equitably and justly over the county as possible. In the same way the commutation tax collected from the several militia districts of said county shall be expended as fairly and equitably in the district from which collected as can be conveniently done under the circumstances. Distribution of convict labor, and of commutation tax money. Sec. 9. Be it further enacted, That the Treasurer of Gilmer County or depository of said county shall not disburse or pay
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out any funds from the county treasury on any order unless the same shall have been approved and signed by the commissioner himself; provided this shall not apply to the jury scrip issued by the Clerk of the Superior Court and orders drawn by the Judge of the Superior Court and Solicitor-General. It shall be the duty of the ordinary of said county to deliver to the said commissioner all books and papers held by him relating to jurisdiction and powers herein conferred upon said commissioner. Orders on Treasury. Books and papers. Sec. 10. Be it further enacted, That it shall be the duty of said commissioner to prepare and submit to the Grand Jury, at both spring and fall terms of the Superior Court of said County of Gilmer, and said report shall be kept in two separate books, one book to show the exact ad valorem road taxes, collected from each militia district of said county, and the other to show the per capita road tax collected in each militia district, also taxes collected in each militia district for building and repairing bridges, in which books he shall show an itemized statement of all receipts and expenditures, and the source from whence received and from whom received, and to whom paid and for what purpose same was expended, and the vouchers therefor, and also the number and names of parties to whom paid, with correct itemized amounts so received and paid out. Said books shall show the number and full individual names of each and every person in each and every separate militia district, who are subject to road duty in said several militia districts, in said county, which said book or books shall show who have paid the commutation tax in each separate militia district and shall also show the names of all parties who have failed to pay said commutation tax, or have failed to work their time on the roads. Reports to Grand Jury. Road tax books, etc. Sec. 11. Be it further enacted, That it shall be the duty of said commissioner, immediately after each term of the Superior Court of said county, to have published in the newspaper in which advertising is done a full and complete itemized statement of the county finances (same to be paid for out of the county treasury) for advertising. Financial statement.
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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 July 3, 1924. GLYNN COMMISSIONERS, REGULATION BY, OF USE OF NAVIGABLE WATERS, ETC.; PENALTY. No. 337. An Act to amend the Act creating the Commissioners of Roads and Revenues of Glynn County, passed in 1870, and the Acts amendatory thereof, by providing for the adoption and promulgation by such commissioners of rules and regulations governing the use and occupancy, or for the protection, of the navigable waters of said county and of the public roads and highways of said county and public lands appurtenant to such roads and highways, to provide punishment for violation of such rules and regulations, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the Commissioners of Roads and Revenues of Glynn County shall be and they are hereby authorized and empowered to adopt such rules and regulations from time to time as they may deem wise, not inconsistent with law, and to amend, alter and annual the same, governing the use and occupancy, or for the protection, of the navigable waters of said county, and of the public roads and highways of said county and public lands appurtenant to such roads and highways; provided that such rules and regulations so far as they deal with the navigable waters of said county shall be subject to the approval of the War Department of the United States. Power to regulate use of navigable waters, roads and appurtenant public land, subject to approval of War Department. Sec. 2. Be it further enacted by the authority aforesaid, That before any such rule or regulation shall become effective, the same shall be published one time in a newspaper of general
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circulation published in said county; provided that in any proceeding in the courts based upon or by virtue of the provisions of this Act such publication, and the approval of the War Department as aforesaid, shall be prima facie presumed. Publication of rules. Presumption as to publication and approval. Sec. 3. Be it further enacted by the authority aforesaid, That any person violating any such rule or regulation shall upon conviction be punished as prescribed in Section 1065 of the Penal Code of this State, and prosecutions for such violations shall be conducted as misdemeanors are prosecuted in the courts of this State. Penalty for violating rule. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. GORDON COMMISSIONER'S SALARY INCREASED; RETURNS BY PERSONS SUBJECT TO ROAD DUTY. No. 343. An Act to amend an Act, approved August 24, 1920, creating the office of Commissioner of Roads and Revenues of Gordon County; amending Section 15 of said Act by striking from the third line thereof the words eighteen hundred and inserting in lieu thereof the words twenty-four hundred; amending Section 17 of said Act so as to require every person subject to road duty to return his name to the Justice of the Peace of his militia district, instead of to the commissioners as provided in said section, 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 15 of an Act approved August 24, 1920, creating the office of County Commissioner of Roads and Revenues of Gordon County, be amended by striking from the third line thereof the words eighteen hundred and inserting in lieu
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thereof the words twenty-four hundred, so that said section, when amended, shall read as follows: Act amended Sec. 15. Be it further enacted, That said commissioner shall receive as compensation for his services a salary of twenty-four hundred dollars per annum, to be paid out of the county treasury in monthly installments at the end of each month. He shall also receive not to exceed six hundred dollars a year for traveling expenses, to be paid out of the county treasury monthly upon his itemized statement showing such expenses, which statement shall first be approved by the ordinary. Salary. Sec. 2. Be it further enacted by the authority aforesaid, That Section 17 of said Act be amended by striking from the third and fourth lines thereof the words to said commissioner or his clerk, and inserting in lieu thereof the words to the Justice of the Peace of his Militia District, so that said section when amended shall read as follows: Amendment. Sec. 17. Be it further enacted, That it shall be the duty of each and every person subject to road duty under the provisions of this Act, to return his name to the Justice of the Peace of his militia district on or before the first day of February of each year for the purpose of having his name listed as commutation taxpayer of said county; and in default of any person to have his name returned or listed as aforesaid, such person shall be subject to double commutation tax, or shall be required to work on the public roads double the number of days required by said commissioner; Provided, that if any person shall fail to return his name as subject to road duty under this section on account of providential cause (said commissioner to be the judge thereof), such person shall not be subject to double taxation as aforesaid. Return of name by person subject to road duty, how and when made. Penalty for default. Sec. 17 (a). Be it further enacted by the authority aforesaid, That it shall be the duty of the Justice of the Peace of each militia district of said Gordon County to list all commutation taxpayers in his respective district, including those who register in person or otherwise, as well as those who fail to register (registration books to be furnished by Gordon County), and to return said registration books and lists to said
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commissioner by the 1st day of March of each year. Said Justice of the Peace shall receive five cents for each name of commutation taxpayer listed or returned by them, said fee to be paid out of county treasury. Sec. 3. Be it further enacted by the authority aforesaid, That Section 19 of said Act be and the same is hereby repealed. Sec. 4. The provisions of this Act shall be effective on and after January 1, 1925. Sec. 5. All laws in conflict with this Act are hereby repealed. Approved August 6, 1924. HANCOCK TREASURER; OFFICE ESTABLISHED. No. 300. An Act to repeal An Act to abolish the office of County Treasurer of Hancock County, Georgia, and to provide the manner of handling the county funds of said county and to provide for the appointment of some bank or banks, to receive and disburse the funds of said county and to prescribe the duties of said bank or banks in receiving and disbursing county funds, and for other purposes, which Act was approved August 16, 1920; and to provide for the creation and establishment of the office of County Treasurer of Hancock County, Georgia, the election, qualification, salary, tenure of office and duties of said county treasurer, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the office of County Treasurer of Hancock County, Georgia, from and after the first day of January, 1925, is hereby created and established. Office established. Sec. 2. Be it further by the authority aforesaid, That said Treasurer of Hancock County, Georgia, shall enter upon and take oath of office on the first day of January, 1925, after taking
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the oath of office prescribed by the laws of Georgia, his election tenure, oath of office, duties and liability shall be those prescribed and defined by the existing laws of Georgia. Term duties, etc. Sec. 3. The Treasurer of Hancock County shall receive as his full salary and compensation as such treasurer the sum of $50.00 per month which sum shall be paid by the Board of Roads and Revenue of Hancock County from the county treasurer on the first day of February, 1925, after such treasurer enters upon his duties on the first day of January immediately preceding and on the first day of each month thereafter. Salary. Sec. 4. The Board of Roads and Revenue of Hancock County is hereby required and directed to pay from the county treasury all premiums on said treasurer's bond, which sum shall not be deducted from the monthly salary of said treasurer. Premium on bond. Sec. 5. 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 July 28, 1924. HENRY COUNTY COMMISSIONERS; INCREASE OF PAY OF CHAIRMAN. No. 482. An Act to amend an Act approved August 8, 1921, entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Henry, to provide for compensation and for other purposes, so as to provide for the compensation of the chairman of said board. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act approved August 8, 1921, entitled an Act to create a Board of Commissioners of Roads and Revenues for Henry County, Georgia, is
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amended by striking from line 8 in Section 24 of said Act the words three hundred and inserting in lieu thereof the words six hundred, so that said section when amended will read as follows: Act amended. Sec. 24. Be it further enacted by the authority aforesaid, That the compensation for the members of said board shall be for each of them the sum of five 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 six hundred dollars and the aggregate sum paid each of the other members shall not exceed two hundred and twenty-five dollars per annum. 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 18, 1924. JACKSON TREASURER; OFFICE ABOLISHED; COUNTY DEPOSITORY, ETC. No. 289. An Act to abolish the office of County Treasurer of Jackson County, Georgia, and to provide in what manner all funds of said county realized from taxes and all other sources shall be received, deposited and disbursed; to provide for the appointment of a county depository or county depositories for the funds of said county; to prescribe the duties and liabilities of such depository or depositories; to provide for the appointment of some person to act in lieu of such depository, when necessary, and to fix his salary, duties, and liabilities; to provide the duties of the Commissioners of Roads and Revenues of said county; relative to the objects of this Act, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from, and after the first day of January, 1925, the office of County Treasurer of Jackson County, Georgia, shall be abolished, and said office from and after that date shall cease to exist. Office abolished. Sec. 2. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues, of said Jackson County, Georgia, shall, by a majority vote taken among themselves, select some duly incorporated bank, or banks in said county to act in depository or depositories, and disbursing agent, or agents, of, and for the public funds of the said county. Any bank, or banks, now or hereafter in business in Jackson County, Georgia, when and while so selected, and appointed by said commissioners, are hereby designated as depositories, and disbursing agents for county funds. Said commissioners shall select the bank as such depository and disbursing agent which makes the highest bid for the county funds in the form of an offer to pay interest on the daily balance of the funds of the county. If no bank offer to pay interest, then said county commissioners shall, in their discretion, select one of said banks, to act under the terms of this Act. If all the banks in said county refuse to serve under this Act, then and in that event only shall said commissioners appoint a person to act as hereinafter provided. Selection of bank as depository. Sec. 3. Be it further enacted by the authority aforesaid, That no bank or banks which may be designated as such depository or depositories, and disbursing agent or agents, shall receive any compensation for acting as such. No pay for bank as depository. 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, signed by at least two amply solvent persons, or by some good security company, or both, in the sum of at least ($50,000.00) fifty thousand dollars, payable to said commissioners, and their successors in office, conditioned for the safe keeping and accounting for all funds that may come into its custody, by
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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 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 the county, all orders, or warrants, issued by said commissioners or by their authority when presented for payment. The responsibility for the legality of such orders or warrants, is placed on said commissioners. Orders. (2) To take a receipt on each order when paid, and carefully file it away. Receipts. (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. Books. (4) To keep a well-bound book in which shall be entered a full description of all county orders or warrants, or other 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 all 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 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
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its books and vouchers as such depository and disbursing agent, whenever notified. Reports. (7) To perform all other duties essential to the proper conduct of the county's affairs, which it has been necessary heretofore for the county treasurer to perform. Other duties. 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 depositories and disbursing agents, and said depositories and disbursing agents, and said depositories and disbursing agents shall be just as much bound to observe the same as they are bound to observe those prescribed in this Act. Directions by Commissioners. 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, who shall give bond as herein provided, 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 such depository or depositories as he may be directed by said commissioners all county funds then in his hands, and he shall at the same time deliver to said commissioner or to the depository or to the authority designated by them all records, books, and papers that he may have pertaining to his office. After January 1, 1925, all parties heretofore required by law to pay over to the county treasurer funds of said county, including the tax-collector of said county, shall pay over such funds to the depository so selected by said board of commissioners, and payment to said depository shall be as legal payment as when heretofore made to county treasurer. Payment of funds to depository. Sec. 8. Be it further enacted by the authority aforesaid, That in case said commissioner shall be unable to get a bank in said county to become such depository and disbursing agent, or in case it should come to pass that there should be no chartered bank in said county, then said commissioners shall have the authority to appoint some person as receiving and disbursing agent, who is a resident of said county, whose
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duties and liabilities shall be the same as now required of County Treasurer in Georgia, and said person so appointed shall give bond to the ordinary of said county for the faithful performance of his duties, with security or securities, to be approved by said ordinary in a sum named by said commissioners, but not less than fifty thousand dollars ($50,000.00). The compensation of said person shall be fixed by the said board of commissioners, but in no event shall it exceed the sum of six hundred ($600.00) dollars per annum, and said salary, or compensation, shall be paid out of the funds of the county. All records necessary for him in the performance of his duties shall also be provided for by said commissioners out of the county funds; in the event a surety company bond is required of him, the provision on the same shall also be paid out of the county's funds by order of said commissioners. The paying of the bond premiums and the finding of the records as set out above applies only in the event it is necessary to select some person to act as said depository and disbursing agent. If a bank is found to act as such, it shall not charge to the county its bond premium, nor its expense in procuring the necessary records and the keeping of the same. Individual to be appointed as depository, when. Bond. Pay. Record. Premium on bond. Sec. 9. Be it further enacted by the authority aforesaid, That the term of such depository and disbursing agent shall be for a period of four years from January 1, 1925, and there-afterwards 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 or person performing the duties, under this Act may be removed by said commissioner at any time and a successor appointed. Any person desiring to call attention of said commissioners to any non-feasance or malfeasance in office of said depository and disbursing agent shall do so in writing, and shall serve a copy on said depository and disbursing agent five days before the hearing set by said commissioners. Term. Removal from office. Sec. 10. Be it further enacted by the authority aforesaid, That said depository and disbursing agent, or depositories and disbursing agents, shall be liable both civilly and criminally
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just as 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 disbursing agent, or depositories and disbursing agents, and the security or securities on their bonds in the same manner as the ordinary may now proceed against a county treasurer and his securities in case of non-feasance, mis-feasance, or non-feasance in the conduct of his his offices. Liability. 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 July 24, 1924. JONES COMMISSIONERS' TERMS CHANGED; PAY. No. 421. An Act to amend an Act approved July 31, 1923, entitled an Act to create a Board of Commissioners of Roads and Revenues for Jones County, etc., by striking from said Act Section 9 thereof, and substituting in lieu of said stricken section a new section, to bear the Number 9; and by striking from Section 11 of said Act the following words, to-wit: but in no event shall their compensation exceed fifteen dollars per month for each member, said words being found in the fourth and fifth 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 from and after the passage of this Act, Section 9 of the Act approved July 31, 1923, entitled An Act to create a Board of Commissioners of Roads and Revenues for Jones County, be stricken from said Act, and that a new section in lieu of said stricken section be substituted, bearing the same number, and in the following language, to-wit: Act amended.
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Sec. 9. Be it enacted by the authority aforesaid, That the term of office of the members of the Board of Commissioners of Roads and Revenues for Jones County shall be of the same length and duration as those of other county officers in this State, and that successors to the present members of said board shall be elected by the qualified voters of Jones County in the general election for members of the General Assembly in the year 1928, and those elected shall be inducted into office in the same manner, and at the same time, as other county officers. Term of office. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be stricken from Section 11 of the Act approved July 31, 1923, the following words to be found in the fourth and fifth lines of said section, to-wit: but in no event shall their compensation exceed fifteen dollars per month for each member, so that said section, after striking said words, shall read as follows: Pay. 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 their duties of office. Sec. 3. 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 11, 1924. LONG COMMISSIONERS' CLERK, PAY OF. No. 320. An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Long County, approved August 10, 1921 (Acts of 1921, pages 525 to 534), 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 creating the
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Board of County Commissioners of Roads and Revenues of Long County, Georgia (Acts, 1921, pages 525 to 534), approved August 10, 1921, be and the same is hereby amended by striking the sentence, He shall receive compensation for all his duties as such clerk in an amount not exceeding twenty dollars per month, and this shall include his salary and all his expenses connected with his duties, said sentence beginning on line 24 and ending on line 28, page 529, Section 15 of said Act, and inserting in lieu thereof the sentence: He shall receive compensation for all his services and duties, or any part thereof, such an amount as may be determined in the discretion of the Board of County Commissioners, so that said section when so amended shall read as follows: Act amended. Amendment. Sec. 15. Be it enacted by the authority aforesaid, That members of the Board of Commissioners herein created shall receive as their compensation four dollars a day for each day's actual service. Provided that no commissioner shall be paid for more than twenty-five days' service during any one year. The said commissioners shall elect a clerk of said board, whose duty it shall be to keep a record of the actings and doings of the board, at the court-house in said county, said record to be open for inspection of any citizen of said county at all times, if the same does not conflict with the meetings of the board. He shall collect at the office of the Board of Commissioners of Roads and Revenues all commutation tax paid by persons subject to road duty and not exempt from same. He shall keep a complete record of all commutation tax collected by him and showing from whom collected, when collected, and from what road district the taxpayer resides. He shall also keep an account and an accurate record of all disbursements from funds in his hands, to whom, when, and the amount paid, and for what purpose, and he shall perform such other duties as may be assigned him by said board, and he shall keep all the books and records in a neat, first-class, business-like condition at all times. He shall receive compensation for all his services and duties, or any part thereof, such an amount as may be determined in the discretion of said Board of County Commissioners. Said clerk shall not be a member of
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said Board of Commissioners. The said commissioners shall at their first meeting elect a chairman of said board from their own membership, who shall act as such chairman during the entire time of said Board. Said Commissioners before entering upon their duties as such shall take an oath before the ordinary for the faithful performance of their duties. To read. Pay of clerk. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby expressly repealed. Approved August 2, 1924. MERIWETHER COMMISSIONERS, PAY OF. No. 438. An Act entitled an Act to constitute a Board of Commissioners for the County of Meriwether, State of Georgia, approved August 7, 1907, by striking the words one hundred and fifty in the fifth line of Section 2, and insert in lieu thereof, the words three hundred, and for other purposes. Section 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 7, 1907, page 314, be amended by striking the words one hundred and fifty in the fifth line of section 2, of said Act, and insert in lieu thereof the words three hundred, so that said section when amended shall read as follows: Act amended. Be it further enacted by the authority aforesaid, That said commissioners shall receive the sum of three ($3.00) dollars per day, each, while actually engaged in business for the county, same to be paid by the county treasurer, and not to exceed each the total sum of three hundred ($300.00) dollars per annum. Pay of commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924.
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MILLER COMMISSIONERS' AUTHORITY AS TO WORKING CONVICTS. No. 313. An Act to amend an Act approved August 22, 1905, and entitled, An Act to create a Board of Commissioners of Roads and Revenues in the County of Miller and for other purposes, so as to grant to said Board of Commissioners of Roads and Revenues of Miller County other and additional power and authority as to working convicts in Miller County. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 7 of an Act approved August 22, 1905, and entitled, An Act to create a Board of Commissioners of Roads and Revenues in the County of Miller, and for other purposes, be amended by adding to Section 7 of said Act an additional paragraph to be numbered 8, and reading: Act amended. 8. The working of the convicts and chain-gang in said County of Miller on the roads, bridges, with the right to use said convicts in clearing right of way and building road-beds for railroads, and for other purposes to be determined in the discretion of said Board of Commissioners of Roads and Revenues, so that said section as amended will read: Work of convicts, discretion as to. Sec. 7. Be it enacted, further, by the authority aforesaid, That said board when sitting for county purposes shall have exclusive jurisdiction over the following subject matters: 1. In governing and controlling all county property as they may deem best according to the law. 2. In levying all taxes for county purposes in accordance with law. 3. In examining the public records of the various offices of county, and referring the same to the Grand Jury of Miller County at each term of the Superior Court.
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4. Shall have settlement with all officers of said county, and shall have full settlement annually with the county school commissioner, as well as other officers, and examine his books and include their reports to the Grand Jury as other officers. 5. In examining, auditing and settling all claims against the county. 6. In establishing, altering, abolishing or opening roads, bridges, ferries in accordance with law. 7. In the appointment of road commissioners and in the general management of roads, bridges and revenue of the county. 8. The working of the convicts and chain-gang in said County of Miller on the roads, bridges, with the right to use said convicts in clearing rights of way and building road-beds for railroads, and for other purposes to be determined in the discretion of said Board of Commissioners of Roads and Revenues. 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 2, 1924. MURRAY COMMISSIONERS; MAN TO HAVE CHARGE OF ROADS, BRIDGES, ETC. No. 361. An Act to amend an Act approved August 12, 1921, creating a Board of Commissioners of Roads and Revenues for the County of Murray, by amending Section four of said Act, enlarging the powers of said board, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section
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four of the Act creating a Board of Commissioners of Roads and Revenues for the County of Murray (Acts 1921, page 538), approved August 12, 1921, be and the same is hereby amended as follows: By adding after the word ferries, at the end of the fourth line of Section 4, the following words: Subject to powers given to the man, in this section hereinafter provided for, and further amending said Section 4 by adding after the word county, in the sixth line, the following: Subject to the provisions in this section hereafter named; and further amending said Section 4, by adding at the end of the same the following: and it shall be the further duty of said Board of Commissioners of Roads and Revenues, to recommend to the State Highway Department, for the approval and appointment by said State Highway Department, a competent man who shall have charge of all public county roads, bridges and public buildings within said county; who shall have charge of all road and bridge funds, and all machinery belonging to the county, whether road machinery or otherwise, and shall be responsible to the county for all money, machinery and other property of the county coming into his hands by virtue of this Act; and as soon as practicable after his appointment he shall make a complete inventory of all county property, whether road machinery or otherwise, and record the same in a book for that purpose. It shall be his duty to appoint a competent man in each militia district of the county to collect all commutation tax, or money paid in lieu of work on the roads, and have the same reported to and accounted for to him, and shall furnish each man so appointed a record in which to keep an account of all such moneys received, said book or books to be turned over to the successor of such person, and when filled to be turned into the county, to be kept as a permanent record. He shall be required to approve each and every bill for expenditures upon the public roads, bridges and public buildings and other public property of the county, before the same shall be paid, and no such bill shall be paid unless so approved by him. He shall be furnished by the proper authority with all necessary books and stationery for the purpose of carrying out this Act. It being the purpose herein, that a permanent record be kept of all expenditures upon the public
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roads, bridges and property of the county, and said books, etc., shall be paid for out of county funds. He shall meet with the Board of Commissioners of Roads and Revenues at each quarterly meeting, and oftener if required to do so by said board. He shall receive three dollars per day for each day's service, but shall not exceed fifty days in any one year. After any appointment is made under this Act, the appointee may be removed from office at any time for sufficient cause, by the State Highway Department, after having been given an opportunity to be heard on any charge or charges made against him. Incompetency, neglect of duty, misappropriation of any funds or property of his office or in his charge, or any other failure of duty under this Act, shall be sufficient cause of removal. Before entering upon the discharge of his duties he shall give bond in the sum of five thousand dollars, to be approved by the State Highway Department, with surety company doing business in Georgia, the premiums of which shall be paid out of county funds; such bond to be conditioned for the faithful discharge of all his duties as specified in this Act, and the accounting to the county, or its proper authority, for all moneys and property coming into his hands. This Section 4 as amended shall go into effect immediately upon its passage and approval, and the recommendation for appointment, approval of the same and the appointment shall be made immediately thereafter, so that said Section 4 when so amended shall read as follows: Amendments. Sec. 4. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Board of Commissioners of Roads and Revenues hereby created shall have full power over all roads and road funds; over all bridges and ferries, subject to powers given to the man in this section hereinafter provided for, shall levy the taxes, have charge of the county funds of the county, subject to the provisions in this section hereafter named, and shall deposit the same in some solvent bank in said county, and require the said depository so selected to keep the books of the receipts and expenditures of the county without charge, and make a monthly report to the said board of the county funds;
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the Board of Commissioners of Roads and Revenues shall have full power over all affairs of the county, except those herein specially delegated otherwise, such as are exercised by the Board of Commissioners of Roads and Revenues as provided in the Constitution and Laws of this State. And it shall be the further duty of said Board of Commissioners of Roads and Revenues to recommend to the State Highway Department, for the approval and appointment by said State Highway Department, a competent man who shall have charge of all public county roads, bridges and public buildings within said county; who shall have charge of all road and bridge funds, and all machinery belonging to the county, whether road machinery or otherwise, and shall be responsible to the county for money, machinery and other property of the county coming into his hands by virtue of this Act, and as soon as practicable after his appointment he shall make a complete inventory of all county property, whether road machinery or otherwise, and record the same in a book for that purpose. It shall be his duty to appoint a competent man in each militia district of the county, to collect all commutation tax, or money paid in lieu of work on roads, and have the same reported to and accounted for to him, and shall furnish each man so appointed a record in which to keep an account of all moneys received; said book or books to be turned over to the successor of such person, and when filled to be turned into the county, to be kept as a permanent record. He shall be required to approve each and every bill for expenditures upon the public roads, bridges and public buildings and other public property of the county, before the same shall be paid, and no bill shall be paid unless so approved by him. He shall be furnished by the proper authority, with all necessary books and stationery for the purpose of carrying out this Act, it being the purpose herein that a permanent record be kept of all expenditures upon the public roads, bridges and property of the county, and said books, etc., shall be paid for out of county funds. He shall meet with the Board of Commissioners of Roads and Revenues at each quarterly meeting, and oftener if required to do so by said board. He shall receive three dollars per day for each day's service, but shall not exceed fifty days in any one
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year. After an appointment is made under this Act, the appointee may be removed from office at any time for sufficient cause by the State Highway Department, after having been given an apportunity to be heard on any charge or charges made against him. Incompetency, neglect of duty, misappropriation of any funds or property of his office or in his charge, or any other failure of duty under this Act, shall be sufficient cause of removal. Before entering upon the discharge of his duties he shall give bond in the sum of five thousand dollars, to be approved by the State Highway Department, with surety company doing business in Georgia, the premiums of which shall be paid out of county funds; such bond to be conditioned for the faithful discharge of all his duties as specified in this Act, and the accounting to county, or its proper authority, for all moneys and property coming into his hands. This Section 4 as amended shall go into effect immediately upon its passage and approval, and the recommendation for appointment, approval of the same and the appointment shall be made immediately thereafter. Commissioners to recommend man to State Highway Department, to have charge of roads, bridges, funds, etc. Duties. Appointees to collect commutation tax. Disbursements. Accounts. Pay. Removal from office. Bond. Premium on bond. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 6, 1924. MUSCOGEE TREASURER; OFFICE ABOLISHED; DEPOSITORIES; CLERK OF COMMISSIONERS, DISBURSING AGENT. No. 265. An Act to abolish the office of County Treasurer of Muscogee County, Georgia; To provide for appointment by the Commissioners of Roads and Revenues of said county of two or more county depositories for the funds of said county; to create the office of Clerk of the Commissioners of Roads and Revenues of said county; To prescribe his duties and to provide that such clerk be the disbursing agent of said
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county; to prescribe the duties of such depositories and to prescribe the duties of the Commissioners of Roads and Revenues of said county relative to the carrying into effect of this Act, 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. From and after the first day of January, 1925, the office of County Treasurer of Muscogee County, Georgia, is hereby abolished and said office shall cease to exist from and after that date. Office abolished. Sec. 2. On and after the first day of January, 1925, the office of Clerk of the Commissioners of Roads and Revenues of Muscogee County, is hereby created. The said clerk shall be elected by the Commissioners of Roads and Revenues of said county at the first meeting held after January 1, 1925, and as often thereafter as may be necessary, or whenever there may be a vacancy, to hold office at the will of the Commissioners of Roads and Revenues of said county. Such clerk shall be paid out of county funds such compensation as may be fixed by the Commissioners of Roads and Revenues. The duties of said clerk shall be as defined by this Act and such as hereafter may be imposed upon said office of the clerk by the Commissioners of Roads and Revenues of said county. Clerk of Commissioners, office created. Election. Pay. Duties. Sec. 3. The Commissioners of Roads and Revenues of said county shall by a majority of votes at the first meeting held after the first day of January, 1925, and as often thereafter as may be deemed necessary or desirable, select and appoint two or more duly incorporated banks to act as depositories of and for the public funds of Muscogee County; each of said depositories to hold office at the will of the commissioners. Any such banks now or hereafter in said county, when and while so selected and appointed by said commissioners, are hereby designated as the depositories for the funds of Muscogee County. In selecting such depositories, the Commissioners of Roads and Revenues shall make the best arrangement possible as to the payment of interest by such banks on daily
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balances of the county and other business accommodations extended to said county by such banks. Depositories. Interest. Sec. 4. No bank designated as depository shall receive any compensation for acting as such. No pay for depository. Sec. 5. No bank shall be allowed to act as a depository until it shall have given a bond signed by some amply solvent surety company, in an amount to be fixed by the Commissioners of Roads and Revenues, payable to Muscogee County, conditioned for the safe-keeping of and accounting for, all funds which may come into its custody, and for the faithful performance of all the duties incumbent upon it as a depository, said bond to be approved by the Commissioners of Roads and Revenues. It shall be within the power of the Commissioners of Roads and Revenues to require any bank acting as a depository to increase the amount of or to strengthen its bond at any time the commissioners may deem necessary, and in default of the same being done to revoke the appointment of such bank as a depository. Bond. Sec. 6. It shall be the duty of any bank acting as a depository to perform all duties essential to the proper conduct of the county's affairs which may be legally required of said bank. Duties. Sec. 7. The premium on the bond of any depository shall be paid by the depository, and the said depositories shall be required to furnish, at their own expense, all books, papers and records necessary to perform their duties under this Act. Premium on bond. Records. Sec. 8. Depositories selected and appointed in accordance with the terms of this Act shall pay without delay, when in funds of the county, all orders or warrants issued by the Commissioners of Roads and Revenues, and drawn by them on the Clerk of the Commissioners of Roads and Revenues, whenever said warrants are presented for payment to any depository. The responsibility for the legality of such orders or warrants is placed on the Commissioners, and every such warrant, before it is paid by any depository, must bear the signature of at least two commissioners and also the signature of the clerk, approving said warrant. All warrants heretofore
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drawn on the county treasurer by the Judge of the Municipal Court shall be drawn on the Clerk of the Commissioners of Roads and Revenues; and when said warrants bear the signature of the Clerk of the Commissioners of Roads and Revenues in evidence of his approval of same, and two of said commissioners, then the said warrant shall be paid on presentation by any depository of the county funds. Disbursements. Warrants. Sec. 9. The Clerk of the Commissioners of Roads and Revenues of Muscogee County shall be required to give a bond in some surety company acceptable to the commissioners, conditioned for the faithful performance of his duties and for the faithful accounting for, of all funds of the county that may come into the custody of the said clerk. Said bond of the clerk is to be in an amount not less than $40,000.00 and shall be payable to Muscogee County, Georgia. The premium on said bond of the Clerk of the Commissioners of Roads and Revenues shall be paid by the county. Clerk's bond. Premium. Sec. 10. Upon the abolition of the office of County Treasurer on January 1, 1925, the county treasurer then in office shall immediately deliver to the Clerk of the Commissioners of Roads and Revenues of Muscogee County, upon his election and qualification as herein provided, all county funds then in his hands and all records, books and papers that may then be in his possession which pertain to his office. Transfer of funds, etc., by Treasurer. Sec. 11. On and after January 1, 1925, all county funds heretofore payable to the county treasurer shall be paid to the Clerk of the Commissioners of Roads and Revenues, and said clerk shall, as and when received, immediately deposit such funds in the depositories selected by the Commissioners of Roads and Revenues. On and after January 1, 1925, all county funds of Muscogee County, except such as may be specially otherwise excepted by law, shall be disbursed by the Clerk of the Commissioners of Roads and Revenues in the manner herein provided. Deposit of funds. Disbursements by Clerk. Sec. 12. It shall be the duty of the Clerk of the Commissioners of Roads and Revenues of Muscogee County:
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(1) To diligently collect from all officers and others all county dues, and to receive all moneys and funds of Muscogee County due to become due to Muscogee County, and to immediately deposit them in such depositories as may be selected by the Commissioners of Roads and Revenues. Duties of Clerk. (2) To examine the Minutes and Execution Dockets of the different courts of the county; demand and receive all moneys appearing to be due thereon, and to institute proceedings against defaulters. (3) To prepare without delay, for issuance by the Commissioners of Roads and Revenues, all necessary and proper orders and warrants for the payment of amounts due by the county. (4) To take a receipt on each order or warrant when paid and carefully file it away. (5) 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. (6) To keep a well-bound book in which shall be entered a full description of all county orders, or other forms of indebtedness, as they are presented; to record a copy of the orders levying county taxes. (7) To disburse according to law all funds which the county treasurer may have heretofore received, held or disbursed. (8) To render reports to and appear before the Commissioners of Roads and Revenues whenever notified or required, and to appear before any Grand Jury, on request, to render an account of his actings and doings as disbursing agent, and to exhibit his books and vouchers as such disbursing agent whenever notified. (9) To publish in the Gazette of the County of Muscogee in which Sheriff's advertisements are published his annual statement to the Commissioners of Roads and Revenues,
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containing a full and complete statement of the finances of the county during the preceding year and showing in full, complete and itemized detail all receipts, and from what sources derived, and all disbursements, and for what purposes paid out; and such statements shall not be mere ledger balances, but shall be in such manner and form and in such detail as to show plainly the revenues of the county, as well as the cost of county government, in every branch; and to publish also the quarterly statements or reports of the commission, as required by the Act approved August 2, 1923, amendatory of the Act creating the Board of Commissioners of Roads and Revenues, which said quarterly statements or reports shall also be fully and completely itemized, showing all receipts and from what sources derived, and all disbursements and for what purposes paid out, and such quarterly statements or reports shall not be mere ledger balances, but shall be in such manner and form and detail as to show plainly the revenue of the county, as well as the cost of county government, in every branch. Duties of Clerk. (10) To do and perform any and all other duties which may be imposed upon him by the Commissioners of Roads and Revenues of Muscogee County in connection with their general duties. (11) To perform all other duties essential to the proper conduct of the county's affairs which it has been necessary heretofore for the county treasurer to perform. Sec. 13. The Commissioners of Roads and Revenues shall have the power and authority to prescribe from time to time reasonable rules and regulations for the government of the depositories and for the conduct by the Clerk of the Commissioners of Roads and Revenues of the duties of this office as a receiving and disbursing agent of county funds. Commissioners' rules for government of depositories and conduct of Clerk. Sec. 14. Said depositories and said Clerk of the Commissioners of Roads and Revenues shall each be liable both civilly and criminally just as county treasurers are liable now civilly and criminally, for any nonfeasance, misfeasance or malfeasance of their respective duties; and said commissioners shall have the right to proceed against such depositories and
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against the said Clerk of the Commissioners of Roads and Revenues, and the security or securities on their bonds, in the same manner as the ordinary may now proceed against a county treasurer and his securities in case of nonfeasance, misfeasance or malfeasance of his office. Liability of depositories and clerk. Sec. 15. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved July 15, 1924. PULASKI COMMISSIONER'S CLERK; DUTIES; SALARY. No. 378. An Act to amend an Act entitled An Act to amend an Act to create the office of Commissioner of Roads and Revenues in and for the County of Pulaski, State of Georgia, 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 authority of the same, That Section three of the above described Act be and the same is hereby repealed. Repeal of section. Sec. 2. Be it further enacted by the authority aforesaid, That the Commissioner of Roads and Revenues of the County of Pulaski shall have the authority to employ a clerk of said board whose duty it shall be to keep the books of the board and to make a record of all the acts and doings of the board in the minute book kept for such purpose, and also shall keep all other records and accounts of the board and perform such other acts and duties as may be required by the board, not inconsistent with the provisions of this Act or of the laws of the State; said clerk to be paid an annual salary not to exceed the sum of ($600.00) six hundred dollars, said sum to be paid monthly out of the treasury of said county. Clerk of Commissioner. Duties. Salary.
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Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1924. RICHMOND BONDS FOR SCHOOLS, ELECTION AS TO. No. 379. An Act to authorize the county board of education of Richmond County to issue three hundred and fifty thousand dollars of coupon bonds upon the taxable property and tax revenues of said county, to be used in purchasing land and erecting a school building for a boys' high school in the City of Augusta, and for a consolidated school at Hood's Chapel, and for a consolidated school in the 119th district in said county, after said proposed issue of bonds has been approved at an election to be held as provided by law. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the County Board of Education of Richmond County, the same being one of the county authorities of said county, is hereby authorized to issue and sell three hundred and fifty thousand dollars of coupon bonds based on the taxable property and tax revenues of said county, to be used in purchasing land and in erecting and equipping a boys' high school in the City of Augusta, for which $300,000.00 will be used. A consolidated school at Hood's Chapel in the 121st militia district of said county, for which $25,000.00, will be used, and a consolidated school in the 119th militia district in said county, for which $25,000.00 will be used, after said proposed issue of bonds has been approved at an election to be held as provided by law. Bonds for Boys' High School in Augusta, and consolidated school at Hood's Chapel. Sec. 2. Be it likewise enacted, That said issue of bonds shall consist of three hundred and fifty separate bonds of the par value of one thousand dollars each, with interest not exceeding
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five per cent. per annum, payable semi-annually, for which interest coupons are to be attached. The principal of said bonds shall be divided in such manner that eleven (11) of them shall fall due at the end of the first year, twelve (12) at the end of the second year, eleven (11) at the end of the third year, and so on alternately 11 and 12 each year, until at the end of the thirtieth year, 17 bonds shall fall due thirty years from date of issue. The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard weight and fineness, at any bank or banks in the United States, designated by said Board of Education. Amount and terms of bonds. Sec. 3. Be it likewise enacted, That before said bonds shall be issued, two conditions precedent must be complied with, to-wit: (1) The proposed issue of bonds must be asserted to by two-thirds of the qualified voters of said county, voting at an election to be called for that purpose, and conducted by the Board Commissioners of Roads and Revenues of Richmond County, on the same date as now fixed by law, for the election of members of said Board of Education, to-wit, on the first Saturday in November, 1924; provided said two-thirds so voting shall be a majority of the registered voters; and said election shall be conducted in the manner prescribed in Sections 440, 441 and 442 of the Code of Georgia of 1910, as modified by any amendment thereof. Referendum. (2) Provisions must be made by the County Board of Education of Richmond County for the assessment and collection of an annual tax sufficient to pay the principal and interest falling due each year, in the same general manner that said Board of Education assesses and collects its other revenues for annual expenses and maintenance; said provisions for said annual tax may be made by action of said Board of Education at any regular or called meeting subsequent to the date of the election at which the issuance of the bonds has been legally assented to. Annual tax to pay interest, etc. Sec. 4. Be it likewise enacted, That said Board of Education of Richmond County shall have full power to determine
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all matters of detail concerning the issuing and selling of said bonds, not specifically prescribed by this Act or other existing law. Sec. 5. Be it likewise enacted, That said bonds shall be validated as provided in Sections 225 [445?], 446-448, 449, 450 and 451 of the Code of Georgia of 1910, as modified by any amendment thereto. Validation of bonds. Sec. 6. Be it likewise enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 7, 1924. RICHMOND SCHOOL BOOKS TO BE THE SAME AS ADOPTED BY STATE BOARD OF EDUCATION. No. 362. An Act to amend an Act entitled An Act to regulate public instruction in the County of Richmond, approved August 23, 1872, by adding directly at the conclusion of Section 3 thereof, a proviso, and prescribing that the County Board of Education shall use and adopt the same books for use in its schools as are adopted and used by the Board of Education of the State of Georgia; and for other purpose. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled An Act to regulate public instruction in the County of Richmond, approved August 23, 1872, be and the same is hereby amended as follows: By adding to Section 3, directly at the conclusion thereof, the following: Provided, That nothing in the by-laws shall conflict with this Act, and provided further, That the said County Board of Education of Richmond County shall use and adopt the same books for use in its various schools and departments as are adopted and used by the State Board of Education of the State of Georgia, in those schools, departments and courses of instruction that are identical with corresponding schools,
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departments and courses of instruction under the said State Board of Education, in its various schools and departments under its supervision and control. Act amended. Books adopted by State Board of Education, to be adopted by County Board. Sec. 2. Be it further enacted by the authority aforesaid, That this Act shall become effective upon its passage by the General Assembly and the signature of the Governor thereto. Effective when Act signed. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are and the same are hereby repealed. Approved August 6, 1924. RICHMOND SCHOOL TAX LIMIT. No. 315. An Act to amend an Act entitled An Act to regulate public instruction in the County of Richmond, approved August 23, 1872, by limiting the amount of tax that may be levied by the County Board of Education to a rate not to exceed one per cent. on the assessed value of the taxable property in the county as shown by the county tax-digest of the year in which the levy is made, provided that said limitation shall not apply to the levying of such taxes as may be necessary to pay principal and interest of any bonded indebtedness incurred or which may hereafter be incurred by authority of an election held for the purpose of incurring such debt and in conformity with an enabling Act or Acts of the General Assembly, and for other purposes. Section 1. Be it enacted by the General Assembly, That the Act entitled An Act to Regulate Public Instruction in the County of Richmond, approved August 23, 1872, be and the same is hereby amended by inserting after the word purposes in the 5th line of the 16th section of said Act the words: Not to exceed a rate of one per cent. on the assessed value of the taxable property in the county as shown by the county tax digest of the year in which the levy is made,
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provided, however, That this limitation of one per cent. shall not apply to the levying of such taxes as may be necessary to pay the principal and interest of any bonded indebtedness of the County Board of Education incurred or which may hereafter be incurred by authority of an election held for the purpose of incurring such debt, and in conformity with an enabling Act or Acts of the General Assembly, so that said section when amended shall read as follows: Act amended. Amendment. Sec. 16. And be it further enacted, That at their first meeting in January of each year, or as soon thereafter as practicable, the county board by a two-thirds vote of all of its members shall levy such taxes as they may deem necessary for public school purposes, not to exceed a rate of one per cent. on the assessed value of taxable property in the county as shown by the county tax digest of the year in which the levy is made, provided, however, That this limitation of one per cent. shall not apply to the levying of such taxes as may be necessary to pay the principal and interest of any bonded indebtedness of the County Board of Education incurred or which may hereafter be incurred by authority of an election held for the purpose of incurring such debt, and in conformity with an enabling Act or Acts of the General Assembly. It shall be the duty of the county commissioners to make out an assessment and return of such tax against all the legal taxpayers in the county, and furnish a copy of said assessment and return to the county tax-collector, whose duty it shall be to collect the said tax and deposit it to the credit of the county board in such bank in the City of Augusta as may be designated by the State Commissioner for the deposit of the county school fund. To read. Tax rate for schools. 1-A. Provided, That the provisions of this Act shall not become effective until January 1, 1926. Effective January 1, 1926. Sec. 2. Be it enacted by the General Assembly, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 2, 1924.
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RICHMOND SCHOOL TRUSTEES, CHANGES IN MEMBERSHIP. No. 339. An Act to amend an Act entitled An Act to regulate public instruction in the County of Richmond, approved August 23, 1872, by striking from said Act the words which provide for the election of three trustees from each incorporated town or village outside of the City of Augusta and making the ordinary ex officio a member of the County Board of Education; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act entitled An Act to regulate public instruction in the County of Richmond, approved August 23, 1872, be and the same is hereby amended as follows: by striking from Section 1, in lines eight (8) and nine (9) thereof, the words and three from each incorporated town or village other than the City of Augusta, in said county; and from lines seventeen (17), eighteen (18) and nineteen (19) of said Section 1, the words: The Ordinary of Richmond County, for the time being, shall be ex-officio a member of the said County of Education; and from lines eleven and twelve (11-12) of said Section 1, the words `incorporated town or village.' Amendment. Ordinary to be member. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 6, 1924. RICHMOND SCHOOL TRUSTEES FROM CITY WARDS. No. 359. An Act to amend an Act entitled, An Act entitled an Act to regulate public instruction in the County of Richmond, approved August 23, 1872, by providing for the election of
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three school trustees from the five wards in the City of Augusta who shall be members on the County Board of Education; and for other purposes. Whereas, by Act of the General Assembly, approved August 19, 1911, the city limits of the City of Augusta were extended so as to include the territory formerly embraced in the Municipal Corporations of the Village of Summerville and the Villages of Harrisonville and Nellieville, and other territory in Richmond County; and Preamble. Whereas The City Council of Augusta has created out of territory now within the corporate limits of the City of Augusta seven wards; Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That an Act entitled, An Act to Regulate Public Instruction in the County of Richmond, approved August 23, 1872, be and the same is amended as follows: Sec. 2. That each of the said wards of the City of Augusta, that is to say the seven wards of said city, shall be entitled to the same representation by three school trustees on the Board of Education of Richmond County as is now provided by law for the other five wards of the City of Augusta; that is to say, that on the second Saturday in January, 1925, or as soon thereafter as is practicable, the Board of Education of Richmond County shall elect three new members to supply the unfilled places in the newly created ward or wards of the City of Augusta, and shall so arrange the terms of such members as to make each of such terms expire as now provided by law for the wards of the City of Augusta and the districts of the County of Richmond, to the end that each of said wards of the City of Augusta shall have three school trustees on the Board of Education of Richmond County. Amendment. Representation on Board. Election of new members. Terms. Sec. 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved August 6, 1924.
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SEMINOLE COMMISSIONERS' CLERK; ORDINARY TO BE EX OFFICIO CLERK. No. 459. An Act to amend an Act 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, approved August 16, 1920. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That an Act entitled an Act to 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, approved August 16, 1920, be and the same is hereby amended as follows: By striking in its entirety Section 5 of said Act and inserting in lieu thereof the following words which shall be in lieu of said original Section 5 of said Act: Act of 1920 amended. Substitute or Section 5. Sec. 5. That the Ordinary of said County of Seminole shall be ex officio clerk of said Board of Commissioners and shall be paid for his service as such clerk $300.00 per annum, to be paid out of the county treasury in monthly installments at the end of each month. The ordinary while acting as such clerk shall give bond for the faithful performance of his duties as clerk, in the sum of $2,000.00, payable to the Commissioner of Roads and Revenues of said county, and the premium for said bond, if given in a fiduciary company, shall be paid out of the county treasury. It shall be the duty of ordinary when acting as such clerk to keep a book of minutes and all other records and to do such other clerical work as may be necessary in carrying out the work of his office as clerk to the Board of Commissioners. Said books and records to be at all times accessible for examination by any citizen of the County of Seminole. Ordinary to be ex officio Clerk. Salary. Bond. Premium on bond. Records, etc.
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Sec. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 13, 1924. SEMINOLE TREASURER'S SALARY AND BOND. No. 424. An Act to prescribe and fix the compensation of the Treasurer of Seminole County for receiving and disbursing the funds of said county, to pay him a fixed salary in lieu of any other compensation for his services as county treasurer; to authorize and require that the premiums on his bond as such treasurer be paid on order of the Board of County Commissioners of said county out of county funds; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after January 1, 1925, the Treasurer of Seminole County shall receive as his full compensation for performing the duties of county treasurer of said county, as prescribed by law, the sum of six hundred ($600.00) dollars per annum, the same to be paid him out of the treasury of said county in monthly installments of fifty ($50.00) dollars a month, which salary shall be in full compensation for his services as such treasurer, and in lieu of any other and kind of compensation therefor. [Illegible Text] Sec. 2. Be it further enacted by the authority aforesaid, That said county treasurer shall give bond as now provided by law, and the premiums thereon shall be paid on order of the Board of County Commissioners of said county from the treasury of said county out of county funds. Bond. Premium on bond. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924.
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TAYLOR TREASURER'S SALARY INCREASED. No. 468. An Act to amend an Act approved August 8, 1922, entitled An Act to create the office of County Treasurer of Taylor County, Georgia, to provide for his election, to provide a salary for such Treasurer, etc., and for other purposes, so as to increase the salary of such Treasurer, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, That from and after January 1, 1925, Section three of an Act approved August 8, 1922, beginning on page 422 of Georgia Laws of 1922, entitled An Act to create the office of County Treasurer of Taylor County, Georgia; to provide for his election; to provide a salary for such treasurer; to provide that the question of a treasurer or no treasurer for Taylor County be submitted to a vote of the people; to provide for such election, and for other purposes, be amended by striking the words and figures six hundred, wherever they occur in said section, and insert in lieu thereof the words and figures eight hundred, so that Section three of said Act, when so amended, shall read as follows: Be it further enacted by the authority aforesaid, That such treasurer shall not receive the commission for his service as provided under the General Law, but from and after January the 1st, 1925, shall receive the sum of eight hundred ($800.00) dollars per annum as pay for his services, to be paid monthly. Salary. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924. TOWNS AND UNION; FISHING IN BRASSTOWN CREEK ABOVE YOUNG HARRIS COLLEGE DAM PROHIBITED. No. 417. An Act to prohibit the catching of fish in the waters of Brasstown Creek, above the power dam, owned by Young Harris
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College, and all the tributaries thereof, for a period of two years, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons to catch with seine, hook and line, or any other manner whatsoever extract fish of any kind from the waters of Brasstown Creek in Towns or Union counties, including all the waters of said creek and its tributaries lying above the power dam, owned by Young Harris College, for a period of two years from and after the passage of this Act. Catching fish prohibited for two years. Sec. 2. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed by the law of the State of Georgia for the punishment of other misdemeanor cases. Punishment for violating 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. Adopted August 11, 1924. TOWNS; REPEAL OF ACT PROHIBITING SALE OF ANY DRINK IN MILE OF YOUNG HARRIS COLLEGE. No. 439. An Act to repeal an Act approved August 1, 1906, entitled, An Act to prohibit the sale or giving away within one mile of Young Harris College in the town of Young Harris in Towns County, either directly or indirectly, to any person, any class or kind of cold or hot drinks usually sold from and out of soda fountains or from bottles, or any mixture of any kind of syrup or juices for such purpose; to
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fix a penalty therefor and for other purposes; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act approved August 1, 1906, entitled, An Act to prohibit the sale or giving away within one mile of Young Harris College, in the Town of Young Harris, in Towns County, either directly or indirectly to any person, any class or kind of cold or hot drinks usually sold from and out of soda fountains, or from bottles, or any mixture of any kind of syrup or juices for such purposes; to fix a penalty therefor, and for other purposes, be and the same is hereby repealed. Act repealed. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924. TREUTLEN TREASURER; OFFICE ABOLISHED, CUSTODIAN SUBSTITUTED. No. 323. An Act to abolish the office of County Treasurer of the County of Treutlen, in the State of Georgia, to provide for the appointment of an individual to act as custodian of county funds, term of office, compensation for the same and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on and after the 31st day of December, 1924, the office of County Treasurer of the County of Treutlen, in the State of Georgia, be and the same is hereby abolished. Office abolished. Sec. 2. Be it further enacted by the authority aforesaid, That the ordinary of said county or such officer as may have charge of county affairs in and for said county, shall appoint
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and designate some resident individual of said county to act as custodian of county funds of said county and to do and perform all the duties heretofore performed by the county treasurer. Ordinary to appoint custodian of county fund. Sec. 3. Be it further enacted by the authority aforesaid, That said person so appointed shall hold said position for one year from the date of his appointment, or until his successor is appointed and qualified. All vacancies by resignation, death or otherwise, the unexpired term shall be filled by the ordinary under the same provisions as original appointment. For his services as custodian of county funds he shall receive the sum of one hundred ($100.00) dollars annually, or pro rate as for such time as he shall serve, and shall be required to give a bond payable to the ordinary of said county in such sum as said ordinary may determine, any expense incident to giving said bond to be borne by the county. Term of custodian. Vacancies. Pay. Bond. Sec. 4. Be it further enacted by the authority aforesaid, That the county treasurer of said county is hereby authorized and directed to turn over to said individual, so appointed and qualified, all funds, property and effects of said county in his hands. Transfer of funds, etc. Sec. 5. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 4, 1924. UNION TREASURER'S SALARY. No. 403. An Act to provide for placing the Treasurer of Union County, Georgia, on a salary basis, to fix said salary; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the
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same, That from and after the expiration of the present term of office of the Treasurer of Union County, Georgia, the Treasurer of said Union County, Georgia, shall be paid a salary of $300.00 per annum, in lieu of all commissions as heretofore and now paid, said salary to be paid in monthly installments by the fiscal authorities of said county. Salary, after expiration of present term. 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 11, 1924. WHEELER BOARD OF COMMISSIONERS ABOLISHED. No. 452. An Act to repeal An Act to create a Board of Commissioners of Roads and Revenues in Wheeler County, and for other purposes, approved August 19, 1913, as amended by an Act approved August 17, 1920, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage and adoption of this Act that An Act entitled an Act to create a Board of Commissioners of Roads and Revenues in Wheeler County, and for other purposes, approved August 19, 1913, as amended by an Act approved August 17, 1920, be and the same is hereby repealed. Board abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924.
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WHEELER COMMISSIONER, OFFICE CREATED. No. 371. An Act to create the office of Commissioner of Roads and Revenues of the County of Wheeler, to provide for his election; to provide for a commissioner until the first of January, 1925; to provide 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 supervision of his acts and the auditing of his books, and generally to provide for the management of the affairs of said county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage and adoption of this Act, the county affairs of Wheeler County, Georgia, shall be administered by a Commissioner of Roads and Revenues, and for that purpose the office of Commissioner of Roads and Revenues of Wheeler County is hereby created. Office created. Sec. 2. Be it further enacted by the authority aforesaid, that James A. McRae is hereby appointed, constituted and made Commissioner of Roads and Revenues of Wheeler County, under this Act, and he shall hold office until January 1, 1925, and until his successor is elected and qualified as hereinafter provided. Commissioner until 1925, named. Sec. 3. Be it further enacted by the authority aforesaid, That the successor to the commissioner as named in Section 2 of this Act shall be elected by the qualified voters of said county at the general State election held in said county in 1924, to serve for a term of four years beginning January 1, 1925, and thereafter the term of said commissioner shall be for a period of four years, and he shall be elected by the qualified voters of said county at the regular State election held in said county immediately preceding the expiration of the term of office of the incumbent. Election of successor at State election in 1924. Term. Sec. 4. Be it further enacted by the authority aforesaid, That in order to be eligible to hold the office of said commissioner
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one must have attained the age of 30 years, must have resided in said county for four years next preceding the term for which he is elected, must be of good moral character and must have had some practical business experience and at least a general knowledge of bookkeeping. Qualifications. Sec. 5. Be it further enacted by the authority aforesaid' That the managers of elections held under this Act shall consolidate the returns of said elections as provided by law for general elections held in said county, and certify the results to the Ordinary of Wheeler County, and said commissioner shall be commissioned by the Governor of the State of Georgia as other county officers are commissioned. Election returns. Commission from Governor. Sec. 6. Be it further enacted by the authority aforesaid, That said commissioner, before entering on the discharge of his duties as such, shall give bond, with good security (said security to be good and solvent surety company authorized to do business in Georgia), approved by the ordinary of said county, in the sum of ten thousand dollars, payable to the ordinary of said county and his successors in office, and conditioned for the faithful discharge by said commissioner of his duties and the carrying out of the conditions thereof, which said bond may be sued upon in the name of said ordinary, either on his own motion or by direction of the Grand Jury of said county; and the said commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office, or any tort or wrong committed under color of his office, as well as for neglect or nonfeasance. Said commissioner is authorized to pay the annual premium due on such bond out of the public funds of said county. Bond. Premium on bond. Sec. 7. Be it further enacted by the authority aforesaid, That said commissioner shall, before entering upon the duties of his office, make and subscribe to an oath before the ordinary of said county to faithfully discharge his duties and to carry out the provisions of this Act, to the best of his skill and knowledge, and to the best interest of the entire County of Wheeler. Oath.
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Sec. 8. Be it further enacted by the authority aforesaid, That the compensation of said commissioner shall be nine hundred ($900.00) dollars per annum, to be paid at the rate of seventy-five dollars per month at the end of each calendar month. However, the Grand Jury of said county which convenes at the last regular term of Superior Court of said county of each year may, if they see proper to do so, increase said salary by proper recommendation not to exceed twelve hundred dollars per annum, or said Grand Jury may diminish said salary, but not below the sum of six hundred dollars per annum. Until such recommendation by said Grand Jury, said salary shall remain nine hundred dollars per annum. Salary. How changed. Sec. 9. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of commissioner, by reason of death, resignation or otherwise, the ordinary of said county shall serve as such commissioner until his successor is elected and qualified; and such vacancy shall be filled at a special election called by the Clerk of the Superior Court of said county, and held within thirty days after the death, resignation or other cause resulting in such vacancy. All rules and regulations governing regular county elections shall govern all regular and special elections held under this Act. Vacancy. Ordinary to serve until election. Sec. 10. Be it further enacted by the authority aforesaid, That said commissioner shall have and he is hereby vested with exclusive jurisdiction and control over the following matters, to-wit: In directing, controlling and caring for all property of the county, according to law, in levying taxes for county purposes, according to law; in establishing, altering or abolishing public roads, bridges, ferries in conformity to law; in establishing, abolishing or changing election precincts and militia districts according to law; in supervising the tax-collector's and tax-receiver's books and allowing the insolvent list for said county, according to law in examining, settling and allowing all claims against the county, in examining and auditing all claims and accounts of officers having the care, management, keeping, collection or disbursement of money belonging to the county or appropriated for its use and benefit, and bringing them to a settlement, and especially is he
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charged with frequently examining and auditing the books of the county treasurer or county depository, the tax-collector, tax-receiver, the sheriff, the superintendent of public schools and other officers of said county through whose hands county funds may pass; and this may be done by the commissioner himself or through accountants or bookkeepers employed for the purpose, and he or they may require from all such officers, subject to examination, such reports as may be necessary to keep said commissioner fully informed at all times of the financial condition of the county in controlling, calling for and managing the convicts of the county according to law in making rules and regulations and provisions for the support of the poor of the county, according to law, in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law, in regulating and fixing license fees as authorized by law; in providing for the levy and collection of the commutation road taxes, fixing the amount to be paid in money or the number of days' work to be performed in lieu thereof, in trying all road defaulters in accordance with the law, and generally to have and exercise all powers heretofore vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or as may be indispensable to the jurisdiction over county matters or county finances, in selecting and appointing all minor officers of the county whose election or appointment is not otherwise provided for by law, such as superintendent and guards of convicts in the chain-gang, janitor of the court-house, county physician, and health officer, tax-assessors, county policemen, and other officers and guards as needed and authorized by law. All appointees of said commissioner shall be subject to suspension or dismisal at any time, and no appointee so suspended or dismissed shall be entitled to any salary or compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. Powers. Powers. Sec. 11. Be it further enacted by the authority aforesaid, That said commissioner shall have authority to employ a competent
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attorney at law to advise him and represent the county in any litigation which may arise in which said county is a party. Said commissioner shall pay said county attorney not exceeding one hundred and fifty dollars per annum for his services in advising said commissioner. Whenever it is deemed necessary, the commissioner may employ additional counsel to assist the county attorney. Attorney. Pay of attorney. Additional counsel. Sec. 12. Be it further enacted by the authority aforesaid, That said commissioner shall have entire control and management of the convicts of said county sentenced to work upon the roads or works of said county, and all convicts of this State assigned to the County of Wheeler by the proper authorities of the State, and shall so employ them according to law and under such plans of working, building, repairing and maintaining the public roads, bridges and works of said State as may now or hereafter be adopted or enforced by law in said county. Management of convicts. Sec. 13. Be it further enacted by the authority aforesaid, That said commissioners shall select one regular day of each week in which he shall remain in his office at the court-house of said county for the transaction of public business in connection with his office, and the remainder of the working time in each month, unless necessarily required for the transaction of the public business in his office shall be devoted to the personal supervision of laying out road work, investigation of roads and bridges or other public property, the measure and delivery of supplies to the convict camp, the direction and management of said camp in the most economical manner, and generally to the affairs of the county. He shall devote his entire time to the discharge of his duties as such commissioner, and during his incumbency in office shall not engage in any business enterprise or accept any other responsibility which will interfere with the discharge of his duties. Days for office business, etc. Entire time to be given to official duties. Sec. 14. Be it further enacted by the authority aforesaid, That said commissioner shall keep a proper and accurate book of minutes, wherein shall appear all orders and proceedings had and passed with reference to county matters. He shall
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keep a full and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn by him on the county treasurer or depository, for what purpose and on what fund. He shall also keep a book in which he shall record in itemized form all articles or things of whatever kind purchased by him for the use and consumption of and by any department of the county government, giving the name of the article, date when purchased, from whom purchased, the price paid therefor, and for which department purchased and used. He shall also keep a cash-book, in which he shall daily enter any cash item received by him, from whom received and for what purpose received. He shall keep a record separate from other financial affairs of the county of all expenditures on account of the chain-gang of said county, including supplies and equipment therefor, and pay of warden, guards, etc. He shall keep a book of inventory of all county property, including road machinery, live stock, chain-gang outfit, road working tools, and every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year; and he shall keep such other books and records as may be necessary. Said books and records shall be so kept as to show at all times the financial condition of the county, and shall be open to inspection by any citizen or taxpayer of the County of Wheeler, or to any other person or persons interested in the same. Minutes. Accounts. Sec. 15. Be it enacted by the authority aforesaid, That said commissioner, at the end of each quota, shall make up an itemized statement showing all amounts collected and expended on behalf of the county during that quarter. Said statement shall show the balance of cash on hand at the beginning of the quarter and at the end of the quarter. He shall verify said statement by an affidavit as follows: I,..... Commissioner of Roads and Revenues of Wheeler County, do solemnly swear that the above is a full and true statement of the monetary transactions of my office for the quarter ending....., and that I have not received any rebate or drawback, nor have I personally profited or known of any illegal profit to any
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one whomsoever through any transaction of my office, so help me God. Reports. Affidavit. Rebates or personal profit. (Signed)..... Sworn to subscribed before me this the..... day of....., 19..... Said statement shall be published in the official organ of the county, provided the commissioner can arrange for its publication at a satisfactory price, not to exceed in any event one dollar per one hundred words. If the commissioner can not obtain the publication of said account or statement at a satisfactory price by the official newspaper of the county or some other newspaper with a general circulation in the county, then he shall erect a bulletin board in the rotunda of the court-house and post such account or statement thereon. Publication of reports. Sec. 16. Be it further enacted by the authority aforesaid, That it shall be unlawful for said commissioner to employ any person related to him within the third degree, either by blood or marriage, or to contract with such person or persons for any equipment, material or supplies, or for any work to be done on the public roads, bridges or other works of the county, except when bids are received for equipment, material or supplies or for work to be done on public roads, bridges or other works of the county upon full specifications and due advertisement in regard thereto, and a person so related to the commissioner submits a bid and is the lowest bidder therefor. Posting of notice at the court-house door of the county for ten days, or publication of the same in one issue of the official newspaper of the county, shall be considered due advertisement. The commissioner shall have the right, however to reject any and all bids; and it shall likewise be unlawful for said commissioner to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense, account, transportation, or other valuable consideration in connection with or through the purchase of any equipment of supplies for the county, or the awarding of any contract for said county; and if any commissioner shall violate any provision of this section, he shall be guilty
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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 as hereinbefore provided in this Act. Unlawful to employ or contract with kin, except when lowest bidder. Advertisement for bids. Unlawful to have interest in sales or purchases for county, to receive rebate, etc. Penalty. Sec. 17. Be it further enacted by the authority aforesaid, That no material for public building, bridges or roads shall be purchased by said commissioner, for the county, except upon written specifications as to quality, and all such material must be suitable for the purpose intended, and good quality and generally recognized as standard for the purpose to be used. Metal and concrete culverts shall be bought according to size and gauge, and such as recognized by the State Highway Department and the United States road building authorities as standard for road purposes. All laws of Georgia as to competitive bidding for all such material shall be strictly observed. Purchases of material for building, etc., how made. Culverts. Sec. 18. Be it further enacted by the authority aforesaid, That said commissioner may receive contribution for the improvement of the public roads of the county from any person who owns property along the same, or from any other person or persons who may be interested in the improvement of the roads of said county, or from the State Government or from the United States Government, and such contributions, when received, shall be used for the improvement of the road designated by the contributor, and he shall keep a book of accounts, which shall correctly show all such contributions, from whom received, and a correct disbursement of the same, and he shall take and file receipts for all such disbursements, and he and the sureties on his official bond shall be liable to the ordinary of said county for any misappropriation of any such funds on said bond. Contributions for improvement of roads, authority to receive. Accounts. Sec. 19. Be it further enacted by the authority aforesaid, That it shall be the duty of said commissioner, in all roads and bridge work done in said county, to keep always in view what will be to the greater good of the greatest number, and this policy shall be uniformly observed by said commissioner. Road work. Duty to keep in view benefit of majority.
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Sec. 20. Be it further enacted by the authority aforesaid, That said commissioner shall keep in constant touch with the office of the State Highway Department of Georgia and the office of the director of Public Roads of the United States Department of Agriculture, and shall secure and keep in his office and familiarize himself with all the free bulletins and pamphlets bearing upon the subject of road building, and it shall be his duty at all times to entertain and discuss suggestions as to road building. To keep in touch with State Highway Department and U. S. Director of Roads. Sec. 21. Be it further enacted by the authority aforesaid, That it shall be the duty of said commissioner to have the main streets and throughfares of the incorporated cities and town of said county which are continuations or extensions of public roads leading into or from said cities and towns worked and kept in repair in the same manner as the public roads of said county are now worked and maintained outside of said cities and towns of said county. Streets of towns, duty as to work on. Sec. 22. Be it further enacted by the authority aforesaid, That the said commissioner shall confer with and co-operate with the municipal officers of said cities and towns as to the time or times when work on the streets and thoroughfares under the provisions of this Act shall be done, the manner of doing the same, and as to all other matters pertaining thereto. Same subject Sec. 23. Be it further enacted by the authority aforesaid, That the working of streets and throughfares in and through the several cities or towns of said county, as herein provided for, shall at all times be under the direction, supervision, and control of said commissioner, just as the public road work of the county is now performed, provided that in the event of a disagreement between the said municipal authorities and the said commissioner as to any matter pertaining to the said work herein provided for, the judgment or decision of the said commissioner shall be final and prevail in the premises. Same subject. Sec. 24. Be it further enacted by the authority aforesaid, That the Grand Jury sitting at the last regular term of court in each year may appoint one or more expert accountants,
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or expert bookkeepers to audit the books, accounts and warrants of said commissioner. Said accountant or bookkeeper shall have the power to examine upon oath said commissioner relative to any account, item, warrant or transaction in connection with said commissioner's office. Said accountant or bookkeeper shall audit all books, accounts, vouchers, warrants and other records of said commissioner up to the first of April of the year following their appointment, and shall prepare an inventory of all property and material of the county on hand that date, and make a report of their findings to the Judge of the Superior Court of said county, who shall submit the same to the Grand Jury at the first regular term of the Superior Court thereafter, which Grand Jury, in its discretion, may provide for the publication of said report in the official newspaper of the county or in pamphlet form. The Grand Jury appointing said accountant or bookkeeper shall prescribe the amount to be paid them for their services. Auditing. Inventory. Report to Grand Jury. Publication of report. Sec. 25. Be it further enacted by the authority aforesaid, That it shall be the duty of the Grand Jury of said county at each term of the Superior Court to inquire into the official acts of said commissioner, and if any Grand Jury of Wheeler County shall find, by a majority vote thereof, that the commissioner has violated any of the terms of this Act, or that he has been wasteful or inefficient, or has wrongfully or fraudently conducted the affairs of his office, or is otherwise not qualified to manage the affairs of the office, such Grand Jury so finding may recommend that the Grand Jury at the next regular term of said Superior Court declare said office of commissioner vacant, and if said second Grand Jury, by a majority vote thereof, concurs in the first Grand Jury's recommendation then said office shall be by order of the Judge of the Superior Court of said county declared vacant, and thereupon the Clerk of the Superior Court shall proceed to call a special election to fill such vacancy as hereinbefore prescribed. A deposed commissioner shall not have the right to be a candidate to succeed himself. The ordinary, upon a vacancy being declared as herein provided, shall discharge the duties of commissioner until a commissioner can be elected and qualified. Investigation by Grand Jury. Declaring vacancy. Ellection to fill vacancy. Ordinary to act temporarily.
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Sec. 26. Be it further enacted by the authority aforesaid, That if for any reason any section, provision, clause or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not affect or destroy the validity or constitutionality of any other part, section, provision or clause of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the section, provision, clause, or part which may be so held to be invalid. Void part of Act not invalidate other part. Sec. 27. Be it further enacted by the authority aforesaid, That the county commissioners shall have the right to appoint a clerk of said board of county commissioners, whose duty shall be to keep the books and records of said county commissioners, and to keep said office open, and whose salary shall be three hundred ($300.00) dollars per year. Clerk. Salary. Sec. 28. Be it further enacted by 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, 1924. WILCOX TAX LIMIT; WARRANTS NOT TO EXCEED REVENUE. No. 429. An Act to amend an Act approved August 15, 1922, entitled An Act to create a Board of Commissioners of Roads and Revenue in and for the County of Wilcox, to define their qualifications, powers, duties, etc., and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That an Act approved August 15, 1922, entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, to define their qualifications, powers, duties, etc., and for other purposes, be and the same
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is hereby amended by adding two new sections to said Act, to be numbered as Section 7-A and 7-B, as follows: Sec. 7-A. Provided, however, That said Board of Commissioners of Roads and Revenue shall not be authorized nor empowered to make any levy of taxes to be used exclusively for county purposes which shall in any one year exceed a total of 17 mills, excepting it be in cases of emergency to replace bridges, buildings or other public property injured or destroyed by fire, storms or other acts beyond their control. Sec. 7-B. Provided further, That said Board of Commissioners of Roads and Revenues shall not be authorized to and they are hereby prohibited from issuing any scrip or warrants during any fiscal year in excess of the total amount of revenue to be received during such 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 12, 1924.
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PART III.CORPORATIONS TITLE I.MUNICIPAL CORPORATIONS. TITLE II.PRIVATE AND SCHOOL CORPORATIONS.
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TITLE I. Municipal Corporations. ACTS. Adairsville Bonds for Lights and Water Works, Election as to. Albany Charter Amendments. Aldora Corporate Limits extended. Alma Tax Increase, for Schools, Election as to. Ashburn Sidewalks and Streets; Assessments; Election as to Bonds. Atlanta Corporate Limits extended. Atlanta Corporate Limits extended. Atlanta Corporate Limits extended. Atlanta Corporate Limits extended. Atlanta Corporate Limits extended. Atlanta; Lease of Lakewood; Four-Year Terms; Quorum of Council; Hearing on Improvements; Referendum on Powers and Election of Board of Education. Augusta Board Members from Wards in New Territory. Augusts; Pensions for Retired Employees, Conditional Increase of. Barnesville Corporate Limits reduced. Bowden Town Elections. Bowersville School System Abolished. Bowman Tax Exemptions, Election as to. Brunswick; Bonds to Reimburse County for Contribution to Highway; Referendum. Brunswick; Highway to St. Simons Island, Police Power, Tolls; Park on Island; Tax Executions; Liens for Paving. Buena Vista School Board's Authority to Buy and Sell. Buford; Mayor's Term; Permanent Registration; Salaries; Tax Payments, etc. Bullochville; Name Changed to City of Warm Springs; Limits Extended; Tax Rate. Cartersville Street Improvements. Cedartown Mayor, Etc., Eligible for Re-election, not third term. Cedartown Street Improvements. Clayton School System; Repeal of Law. College Park Corporate Limits extended. College Park; Permanent Registration; Tax Installments; Sanitary Tax; Bond Commission; School Grades Without Tuition; Sidewalks; Referendums. Collins; Election and Terms of Mayor, etc.; Chain-Gang Sentences. Colquitt Mayor's Terms Limited; Salary fixed. Columbus; Assessments for Sewer Connections and Lateral Sewers. Columbus Corporate Limits extended. Commerce Tax Increase, for Schools. Cornelia; Tax Rate; Salaries of Mayor, etc.; Referendum. Crawfordville School Bonds, Election as to. Crawfordville Registration of Voters.
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Dahlonega Permanent Registration of Voters. Decatur Street Improvements; Closing of Street. Donalsonville Bonds, Limit of. Douglas; Sewerage, Assessments, Certificates; Referendum. East Juliette, Charter of Town of. East Point Tax Increase, for Schools, Election as to. Eatonton High School Tuition, Election as to. Eatonton Tax Increase, for Schools, Election as to. Elberton School Board; Election Date Changed; Terms; Women Eligible. Elberton Tax Exemption, Election as to. Ellijay Schools, Repeal of Acts as to. Franklin Springs, Charter of City of. Gordon; Election of Marshal; Clerk to be Treasurer. Graymont, Charter of City of. Griffin; Authority to Close Street and Convey Land to Board of Education. Griffin Commissioners, Increase of, and Election, Powers, etc.; Referendum. Griffin Corporate Limits extended. Hapeville; Abutting Owners to Pay Cost of Improvements. Hazlehurst Board of Education, School Limits, etc. Hazlehurst; Elections, Terms; Mayor's Salary; Discharge of Officers; Business Tax; Auditing; Treasurer, etc. Hogansville New Charter. Homerville; Limit of Fines, etc., Increased; Ordinance Book; Terms of Office. Jackson Sidewalks and Street Paving. Jesup; Election and Terms of Mayor, etc.; Appointment and Discharge of Officers; Registrars; Title to Land, etc.; Sales by City. Junction City; Repeal of Authority to Maintain School. Lafayette; Veto of Mayor; Election of Council; Terms; Sale of Light Plant, Referendum; Recorder's Court, etc. LaGrange; Pool-Rooms, etc., Power as to. LaGrange Tax Assessments; Notice, Arbitration, etc. Lavonia Paving; Assessments, Bonds. Lincolnton School System. Lumber City; Election of Mayor, etc.; Penalties; Street Work; Water Works, Sewerage, Lights; Taxes. Lumber City; Repeal of Act providing for Water Works and Bonds. Macon; Taxes; Recorder's Clerk; Stadium Commission; Court Costs, etc. Manchester; Zoning Regulations; Police Limits Extended. Milledgeville; Two Terms for Mayor; Salaries; Police; Donations to City in Trust; Sidewalks; Limits; Police Court. Mineral Bluff School System, Repeal of Act providing for. Moultrie Corporate Limits extended. Moultrie Municipal Ice Plant. Palmetto; Registration of Voters. Rockmart; Registration of Voters; Mayor and Councilmen allowed Two Terms. Rome; Election as to School Tax; Water Works Department; Salaries; Sale of Streets, etc. Saint George Charter Repealed; Property to be conveyed to School Trustees. Savannah Police Court; Mayor's power; Sentences, etc. Savannah; Purchase of Streets, etc.; Advertising; Plumbing; Stadium; Dedication; Street Closing; Elections; Pension Age; Charity; Education; Limits, etc. Savannah Referendum as to Aldermen's Election, Powers, Recall; Mayor, Vice-Mayor; New Departments; Abolition of Offices; City Manager; Civil Service, etc. Shingler; Repeal of Charter. Smyrna, Mayor and Council, Election and Terms of. Summit, Charter of City of. Surrency, New Charter of Town of. Tennga Charter Repealed. Toccoa New Charter; Government by Commission and City Manager. Trenton Taxes and Licenses. Twin City New Charter; Referendum.
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Unadilla Taxes; Assessments, Collection, Return, etc. Valdosta; Levy of Tax Fi. Fas., Illegality, etc.; Assessment of Unreturned Property; Streets, etc. Valdosta Taxation and Appropriations for Woodrow Wilson Memorial College. Vienna Street Improvements; Bonds; Board of Registrars. Warm Springs Charter Repealed. Waycross Corporate Limits Reduced. Willacoochee Board of Education, Election of, etc.; Taxation to pay Teachers. ADAIRSVILLE BONDS FOR LIGHTS AND WATERWORKS, ELECTION AS TO. No. 257. An Act to amend an Act approved August 23, 1905, authorizing the Town Council of the Town of Adairsville in Bartow County, Georgia, to hold an election for purpose of issuing bonds and establishing, building, maintaining or purchasing and operating, a system of electric lights or waterworks or both. 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 above recited Act be and the same is hereby amended by striking from Section 1 of said Act the following words, in the sum of not to exceed twenty thousand dollars and the same or such portion thereof as may be necessary to be sold, so that said section when amended shall read as follows: Be it enacted by the General Assembly of Georgia, That after the passage of this Act the town council of the Town of Adairsville shall submit to the qualified voters of said town under the provisions of the Code of Georgia of 1895, Section 377 and 381, inclusive, the question of issuing bonds for the purpose of establishing, building, maintaining and operating a system of water works for said Town of Adairsville and a system of electric lights for the same; provided, That it is hereby left discretionary, with the Mayor and Council of said Town of Adairsville as to whether or not they will order an election submitting to the qualified voters of said Town of Adairsville the question of issuing bonds for the building and
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maintaining a system of electric lights, and in the event said Town Council of Adairsville shall order an election submitting both the question of issuing bonds for water works and electricl ights. The ballots shall be written or printed, For water works and electric light bonds, or Against water and electric light bonds, and if the election shall be ordered for water works bonds only then the ballot shall be written For water works bonds or against water works bonds. Amount of bonds, $20,000.00. Sec. 2. Be it further enacted, That said Act be and the same is hereby amended by adding to Section 5 of said Act the following language, The mayor and council are authorized and empowered to make contracts with any person, firm or corporation for the construction of said system of electric lights and water works and are authorized and empowered to locate all poles, wires and other appliances necessary thereto, either within or without the corporate limits of said town. When so built the mayor and council are further authorized and empowered to lease or sell such electric light system or water works system, if such sale or lease is deemed by the mayor and council of said town to be for the best interest of said town, and the mayor is authorized to execute any and all lease contracts or warranty deed or deeds to the lessor or purchaser in the event of a lease or sale of said system or systems when authorized so to do by the council. Authority to contract for construction; and to sell or lease system. Sec. 3. The said Section 5 when so amended shall read as follows: Section 5. Be it further enacted, That the system of water works and electric lights herein provided for shall be located at such place or places, maintained and operated in such manner and style as such town council shall deem for the best interest of said town and its citizens, and that will be most conducive to a full economic supply of water and good lights for the use of said town and citizens thereof. The mayor and council are authorized and empowered to make contracts with any person, firm or corporation for the construction of said system of electric lights and water works and are empowered to locate all poles, wires and other appliances necessary thereto either within or without the corporate limits of said town. When so built the mayor and council are further
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authorized and empowered to lease or sell such electric light system or water works system, if such sale or lease is deemed by the mayor and council to be to the best interest of the town, and the mayor is authorized to execute any and all lease or sale of said system or systems, when authorized so to do by the council. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. To read. Approved July 3, 1924. ALBANY CHARTER AMENDMENTS. No. 331. An Act to amend the Act creating and establishing a new charter for the City of Albany, approved August 18, 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 same, That the Act creating and establishing a new charter for the City of Albany, approved August 18, 1923, be and the same is hereby amended as follows, to-wit: Ga. L. 1923, p. 370, amended. By striking Section 21 of said Act, which prescribes the qualification of voters in the City of Albany and substituting the following new Section 21, to-wit: Sec. 21 stricken; substitute. Sec. 21. Only those persons who are citizens of the United States and who are twenty-one (21) years of age, or will be so at the date of the election in which they offer to vote, and who have resided in the State, county and city twelve (12), six (6), and three (3) months respectively, or who will have so resided at the time of the election in which he offers to vote, and who have paid all taxes, State, county, and city, including street tax, which have been lawfully demanded of them, six (6) months prior to the election in which they offer to vote, except for the year in which said election is held, and except where the election is held within six (6) months after the last
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due date of said taxes and who have not been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larcency, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, or if convicted but pardoned, and who are not idiots or insane persons, and who have registered as hereinafter prescribed, shall be qualified voters of the City of Albany. Voter's qualifications. Sec. 2. That said Act be further amended as follows: By striking therefrom Section 22, which provides for registration lists and the registration of voters and substituting therefor the following new Section 22, to-wit: Sec. 22 stricken; substitute. Sec. 22. Every person not disqualified under Section 2 of Article 2 of the Constitution of this State, and who, in addition thereto, comes within either of classes provided for in the following subdivisions of this section, shall be entitled to register, as hereinafter provided for: Registration of voters. (a) All person who have honorably served in the land or naval forces of the United States in the Revolutionary War, or War of 1812, or in the war with Mexico, or in any war with the Indians, or in the war between the States, or in the war with Spain, or who honorably served in the land or naval forces of the Confederate States, or of the State of Georgia in the war between the States; or Who may register. (b) All persons lawfully descended from those embraced in the classes enumerated in the subdivision next above; or (c) All persons who are of good character and understand the duties and obligations of citizenship under a Republican form of government; or (d) Any person who is the owner in good faith in his own right of at least forty (40) acres of land situated in this State upon which he resides, or is the owner in good faith in his own right of property situated in this State and assessed for taxation at the value of five hundred dollars ($500.00); (e) All persons who can correctly read in the English language any paragraph of the Constitution of the United States
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or of this State and correctly write the same in the English language when read to them by any one of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements, but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States, or of this State, that may be read to them by any one of the registrars. 1. That the city clerk, or in his absence for any cause, then some person appointed by the governing authority of the city, shall, with such assistants, as he may be authorized to employ, open and keep open during business hours at the office of the city clerk, a book or list, or books or lists, for the permanent registration of voters. Said book shall be known as Permanent Registration Book, shall have spaces provided therein, in the order named, for entering the voters: Permanent registration book. (1) Age. (2) Occupation. (3) Address. Name and number of street and ward. (4) Date of registration. (5) Date becoming qualified as to age (where not qualified at registration). (6) Date becoming qualified as to residence (where not qualified at registration). (7) Voters signature, and (8) A space for remarks; said spaces being so arranged that the voter's signature will immediately follow entry No. 6 and the following oath to be actually administered by the person in charge of said books to each person registering, shall be so arranged and placed in said book as to precede the voter's signature, to-wit: I do solemnly swear that I am a citizen of the United States; that I have resided in the State of Georgia twelve (12) months, the County of Dougherty six (6) months, and the City of Albany three (3) months (or will have so resided at the time
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stated opposite my signature hereto); that I am twenty-one (21) years of age, (or will be at the time set opposite my signature hereto); that I am not disqualified under either of the provisions of Section 2, Article 2 of the Constitution of Georgia of 1877; so help me God. Oath. Said book shall be so arranged that white and colored persons shall be entered alphabetically in separate books, and, where wards exist, voters from each ward shall be entered in spaces which shall be provided for their respective wards; and the column under the head of remarks, hereinbefore provided for, shall be of sufficient dimensions for the entries therein of such data with reference to the status of the voter as may be necessary, consistent with reasonableness, for the guidance of the clerk and registrars; and no erasure or entry shall be made in or upon any other space provided in the said book, except such as are made or directed by the respective voters before and at the time of entering their signature; provided that in the event the name of any voter's signature is illegible, the clerk or other person in charge of the registration books may under the said signature write the name in legible letters. Separate books for white and colored voters. Entiries, how made. Prohibited entries. (2) That any person desiring to be registered as a voter may apply to the clerk, and after reading the said oath, or having the same read to him, and after having the same administered to him, shall subscribe the same in the registration book at the place indicated by the clerk, or his assistant, underneath the oath hereinbefore prescribed, or upon some page following the same; and no person who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery, larcency, or of any crime involving moral turpitude, punishable by the laws of the State with imprisonment in the penitentiary, and not pardoned, and who is an idiot or insane person, or who is not one of the classes named in Section 2 of this Act, shall be entitled to register, provided that where a person is permitted to register but has not paid all taxes which have been lawfully demanded of him at the time he registered, or who has not qualified as to citizenship, residence, and age,
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such registration will not entitle him to be entered upon the list of voters prepared by the registrar as hereinafter prescribed for each election, unless he shall have paid such taxes at least six (6) months prior to the date of such election, and will have on the date of the election qualified as to citizenship, residence and age. 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 affidavit before some officer of this State or any other State authorized by law to administer the same, giving the same information as to age, etc., as contained in the city registration book, and also stating cause of disability of the applicant; and when the clerk shall receive such affidavit it shall be his duty to enter the name of the applicant upon the register and file and preserve the applicant's affidavit, and note on the registration book the fact of registration by affidavit. Signing on book. Disqualification to register. Absent voter, registration of. (3) The persons who have registered as herein provided shall not thereafter be again required to register; provided that when any person whose name appears on said list shall become disqualified under either of the provisions of Section 2, Article 2, of the Constitution of Georgia of 1877, he then and there shall, for all intents and purposes, automatically go off of said registration list, and will not be considered for any purposes as being registered, but shall be entitled to appeal to the registrars, as in Paragraph 7 of this section provided, for reinstatement; and provided further that were a person who is registered but has failed to pay all taxes which have been lawfully demanded of him six (6) months prior to any election except for the year in which the election is held, and except elections held within six (6) months after the last due date, shall, although his name shall be continued on the registration book, not be considered as a registered voter of the city, insofar as being entitled to have his name placed on the list of registered voters prepared by the registrars, as hereinafter provided for each election, or insofar as to be counted as a registered voter, in computing any given percentage or majority of the registered voters or qualified voters of the city with respect to any particular election; it being the
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intention hereof that only those voters who are both registered and otherwise qualified to vote in such particular election shall be counted in such character of computation. When a registered voter automatically goes off the list. Appeal to registrars, for reinstatement. When not counted as registered voter. (4) That forty-five (45) days prior to the general city elections wherein any member of the governing body of the city is to be elected, the city clerk shall, insofar as registration of voters for that particular election is concerned, close the registration book, and within ten (10) days thereafter, shall deliver custody of the registration book to the registrars, together with a list of such names as appear on said book, who, for non-payment of any taxes, or for any other cause known to the clerk, are not entitled to vote in the election with respect to which the books are closed; and within twenty (20) days after the receipt of said books and said list the registrars shall prepare a complete list of all persons whose names appear on said book, and who are entitled to vote at said election arranged alphabetically with white and colored voters and wards listed separately, and showing all other entries appearing on said books except remarks, and said list shall be prima facie evidence of the right to vote on the part of the persons listed; and persons whose right to be entered on said list is questioned by or before the registrars shall before being eliminated, be given at least one day's notice and an opportunity to be heard as provided in Paragraph 7 of this section; and said registrars shall at the expiration of said twenty (20) days, file with the city clerk the list so made up by them, certified, and shall, before or at the opening of the polls, furnish the managers a certified copy of the same, and no person shall be allowed to vote at said election unless his name appears thereon, and the election managers shall be so governed, and shall enclose said list with their returns of the election, and in all special elections held in and for the city, the same procedure and requirements shall be followed except that the clerk shall close said book five (5) days after the call or order for said special election, and within five (5) days after said closing shall furnish the registrars said book and list, and the list of voters shall be made up within ten (10) days after its receipt, and delivered to the managers as aforesaid
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; provided further that where precincts are opened in the wards of the city for ward election the registrars shall furnish the managers at such precinct wth a list of the voters of that ward only, under the same terms and requirements as herein provided; provided, that where a voter has at the time of the election removed into a ward different from that in which he registered, he may vote in the ward in which he moved without re-registering, if he will make oath on challenge that he has not voted in any other ward in that election. Time of closing registration book and delivering it to registrars before election. List of those disqualified to vote. Registrars to make list of qualified voters. Notice and hearing to eliminated persons. Filing copy. List for election managers. Special elections. List for ward election. Registered voter moving into ward, not required to register again, when. (5) Within ten (10) days after the passage of this Act, or as soon thereafter as is practical, the Board of City Commissioners shall appoint three upright and intelligent citizens of the City of Albany as city registrars for a term until the second Monday in January, 1925, and until their successors are elected and qualified; and on said second Monday in January and on the second Monday in January in each year thereafter, three registrars shall be elected to succeed those whose terms at those times expire; said registrars shall receive such compensation as the governing authority of said city may by ordinance prescribe, and before entering upon the discharge of their duties, shall take and subscribe the following oath: Registrars: appointment term; election of successors. Pay. I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law and ordinance as city registrar, so help me God. Oath. (6) Said registrars when sitting for any hearing before it, involving the right of any person to register or vote, shall have the power to subpoena witnesses and documents and compel their attendance by punishment for contempt, and shall subpoena such witnesses as the defendant in the proceedings may request within one hour before the time set for said hearing; said registrars shall further have the same power, as the governing body of the City of Albany, to punish for contempts committed before it. Power to compel attendance of witnesses, etc. Contempts. (7) Any person who has been unlawfully denied the right to sign the registration book may have his name placed upon the book upon application and satisfactory showing made to the registrars that he is entitled to be registered, and in such
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case, nor in any other, shall the registrars be confined to the evidence by any particular list of qualified or disqualified voters, but may have resort to original sources or lists, and will hear competent oral or written testimony, under oath, concerning all matters touching the matter of the right of the applicant to have his name entered upon the book; and in all other cases and where a person's name appears on the book, whose right to have his name placed upon the list of voters is questioned by or before the registrars, they shall give such person at least one day's written notice of the time and place of hearing the question, such notice to be served either personally upon the party or by having the same left at his most notorious place of abode. The appearance of a person's name upon the registration book shall be prima facie evidence of his right to be registered. Right to have name entered on book. Notice of time and place of hearing. Name on book, prima facie evidence of right to be there. (8) That the registrars shall between July 1st and September 1st, 1925, and during the same period every two years thereafter, purge the registration book of all names of voters who at the time have become disqualified under Section 2, Article 2 of the Constitution of Georgia, of 1877, or who no longer reside within the city, or who are dead, or who are defaulters in the payment of taxes lawfully demanded of them, for a period of two years. In all cases where the right of a person to have his name upon the registration book is questioned, the registrars shall notify such person as in Paragraph 7 of this section provided, and when final decision is made that any person's name shall be purged from said book, the registrars shall enter the word purged on and over the name to be purged, and the cause, and sign their names thereto; and no name so purged shall thereafter be entered upon any list of voters prepared by the registrars as in this Act provided, until after the voter has re-registered. Time for purging registration book. Notice. Mode of purging. Sec. 3. Be it further enacted by the authority aforesaid, That said Act be further amended as follows, to-wit: (1) The Board of City Commissioners may, in the interest of public health, safety, order, convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans
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for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of 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 frontage. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts and such districts may be of such shape and area as the Board of City Commissioners shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises, the number of persons, families or other group units to reside in or use buildings, the public, quasi-public or private nature of the use of premises or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare. Zoning ordinances. Regulation of location of trades, etc., height of buildings, area of lots, etc. Districts. (2) For the reasons above stated, said Board of City Commissioners shall have the 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 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 the residents thereof. No such ordinance or amendment thereto authorized by either of above paragraphs shall be adopted except by three-fourths vote of the Board of City Commissioners. Classification of residence property. Restrictions as to use. Three-fourths vote required to adopt. (3) No ordinance hereafter adopting zoning regulations as above authorized shall be passed by the Board of City Commissioners until after a comprehensive plan for the zoning of the city has been prepared and submitted to the Board of City Commissioners by the City Planning Commission. Whenever
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the City Planning Commission shall certify to the Board of City Commissioners a plan for the zoning of the city, the Board of City Commissioners shall hold a public hearing thereon, and shall give thirty days' notice of the time and place thereof in a newspaper of general circulation in the city and during said thirty days, a copy of such plan and proposed ordinance shall be on file for public examination in the office of the City Planning Commission or any such other office as may be designated by the Board of City Commissioners. No ordinance, measure or regulation which violates, differs or departs from the plan or report submitted by the City Planning Commission shall take effect unless passed by a three-fourths vote of the Board of City Commissioners. Zoning plan to be submitted before ordinance adopted. Public hearing as to plan; notice of. Three-fourths vote on ordinance. (4) The Board of City Commissioners may from time to time amend or change the regulations or districts established by the zoning ordinance, but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall first be submitted to the City Planning Commission for approval or disapproval and the City Planning Commission shall have been allowed a reasonable time, not less than thirty days, for consideration and report. Whenever the owners of fifty (50) per cent of the land in any area shall present a petition duly signed and acknowledged to the Board of City Commissioners requesting an amendment of the regulations prescribed for such area, it shall be the duty of the Board of City Commissioners to vote upon such amendment within ninety (90) days of the filing of same by the petitioners with the city clerk. Change of districts or regulations. Petition by landowners. Vote on petition. (5) The zoning regulations shall be enforced and administered by the inspector of buildings under the rules and regulations of the Board of Zoning Appeals. The Board of City Commissioners shall create a Board of Zoning Appeals, which board shall hear and decide appeals from and review any order, requirement, decision, or determination, made by the inspector of buildings in the enforcement of the zoning regulations. The Board of City Commissioners may authorize the Board of Zoning Appeals to administer the details of the application of any zoning regulations and may delegate to such
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board in accordance with general rules set forth in the zoning ordinance. Power to permit exceptions to and variations from the zoning regulations, and to administer the zoning regulations as specified therein, or such administrative powers and functions may be delegated by the Board of City Commissioners either in whole or in part to the City Planning Commission and the City Planning Commission when acting in accordance with such delegations shall be the Board of Zoning Appeals. Board of Zoning Appeals. Powers and duties. Delegation of power by Commissioners. (6) Every decision of the Board of Zoning Appeals shall be subject to a writ of certiorari issued from the Superior Court upon the same terms as such writs are issued in any case. Certiorari. (7) The Board of City Commissioners are hereby authorized and empowered to acquire land for street purposes, either in widening existing streets or extending existing streets or opening new streets, and to assess all or any party of the cost of obtaining same upon property located in an assessment district therefor in proportion to the benefits to the land located therein. Before undertaking to create a district for the purposes named the Board of City Commissioners shall appoint the committee on streets as viewers of the proposed improvement and of the land affected thereby. This committee, after viewing the same, shall indicate to the city manager the land that will be affected by the opening of the street or portion of street. Said city manager or his assistants shall make a map of such land and submit same to this committee, who shall go over the map and make such change therein as in their judgment, shall include all land that is benefited by the proposed improvement, or omit therefrom any land which in their judgment is not benefited by the proposed improvement, except as hereinafter provided. When this map has been perfected same shall be reported back to the Board of City Commissioners and an ordinance adopted establishing a taxing district for the widening, opening or extension of the named street, and for the assessment of all or any part of the cost thereof by the viewers designated therein upon the land in such taxing district in proportion to the benefits thereto, provided, however, that before any ordinance is adopted to widen or
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open or extend a street and the adoption of the taxing district therefor, the owners of property within such proposed taxing district shall be invited by letter deposited to their last known address in the United States mail at least five days before the time of defining or fixing the taxing district and providing for the improvement. At such time the committee on streets shall have a meeting and give all parties interested and who may desire to be heard an opportunity to appear and oppose or favor the proposed improvement. Aftgr the Board of City Commissioners on report of this committee finally adopt an ordinance establishing a taxing district, for the proposed improvement and providkng for the improvement, and same is not stopped by injunction or other legal process, then the owners of property within such taxing district shall be concluded from further objection thereto, either as to the form in which the work has been done, or the map made or other technicality connected therewith. Power to acquire land for street purposes, to establish taxing district, and assess property for cost. Mode of proceeding. Notice to property owners. Hearing. Owners concluded as to objection, when. (8) If any property owner within such taxing district shall fail to pay the assessment on his property for such improvement, then the clerk shall issue a fi. fa. against said property and the owner thereof for the amount of the assessment, and the same shall be placed in the hands of the city marshal and collected in the same manner and form as other executions for taxes are collected. Enforcement of fi. fa. for assessment. (9) That there shall be created as a part of the government of the City of Albany a commission to be known as the City Planning Commission, which commission shall consist of such number of persons as the Board of City Commissioners may provide. City Planning Commission. (10) That said City Planning Commission shall have all the power hereinafter set out and, in addition thereto, such powers as may be proper and consistent with the organization and operation of said City Planning Commission as may be established by ordinance passed by the Board of City Commissioners and an office shall be provided for said City Planning Commission at the city hall, if possible, at which to hold its meetings, transact its business and keep its records. Powers. Office.
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(11) Said City Planning Commission shall have power and authority to employ consulting advice on municipal problems and such other help as may be necessary, and to pay for the services thereof, including necessary disbursements incurred by its members in the performance of their duties under the direction of such City Planning Commission from such funds as may be pledged at the disposal of said City Planning Commission by authority of the Board of City Commissioners. Employment of consulting advice. Expenses. (12) It shall be the duty of said City Planning Commission and they shall have power to recommend or make suggestions to the Board of City Commissioners and to all other public authorities concerning the laying out of, widening, extending and parking or location of streets, sidewalks and boulevards; the relief of traffic conditions, congestion and development of housing and sanitary conditions, and the establishment of zones or districts, suggestions concerning the use, height, area and bulk of buildings or structures. To recommend to the Board of City Commissioners and all other public authorities plans for the future growth, development and improvement of the municipality and especially with regard to its public and private buildings, and works, streets, parks, grounds and vacant lots and plans consistent with the future growth and development of the city looking towards the proper sanitation and especially service by public utilities, and generally to do and perform any and all other acts and things necessary or proper to carry out the provisions of this Act; to study and propose such measures as may be advisable for the promotion of public interests, health, morals, safety, comfort, convenience and welfare of said city. In this connection said City Planning Commission shall have authority to make similar suggestions to the Board of City Commissioners, the Commissioners of Roads and Revenues of Dougherty County, and the General Assembly of Georgia, with reference to an area covering six miles adjacent to the present limits of the City of Albany. Duties of Planning Commission. (13) Said City Planning Commission shall have authority to investigate and make recommendations concerning all plans for sewers, both sanitary and storm-water, where placed in any property or subdivisions or lots which are intended to be
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sold. Wherever said city undertakes the erection of a public building aside from school buildings, the buildings here referred to constitute buildings to be owned and controlled by the City of Albany, the plans and locations thereof must first be submitted to the City Planning Commission and receive its approval before the erection of such buildings is begun. Same subject. (14) Said City Planning Commission shall have authority to make recommendations to all parties, corporations or public authorities with reference to the erection of buildings, structures or work to be erected or remodeled and such persons or authorities shall have authority to call upon the City Planning Commission for a report as to the construction, placing or designing of buildings or other structures and improvements or objects of art. Same subject. (15) All officials of said city shall at all times render assistance to said City Planning Commission when it calls upon them for such service. Officials to aid Planning Commission. (16) The Board of City Commissioners shall make such appropriation for carrying on the work of said City Planning Commission in like manner and form as appropriations are made to other departments of the city. Said City Planning Commission shall have authority to receive gifts, bequests and devises of property and to carry out the general purposes of same and when such gifts, bequests or devises are made to said City Planning Planning Commission it shall have full, complete and final control and disposition over same, and same shall not pass into the city treasury or otherwise be counted as a part of the revenue of the city. Appropriation for work of Planning Commission. Gifts and devises, control of. (17) Said City Planning Commission shall prepare and submit to the Board of City Commissioners, a comprehensive plan for the zoning of the city for the purpose of suggesting the proper location of streets, apartment houses, dwellings and other uses of property, the height of buildings, the area of the lot, the provision of yard space and the fixing of building lines. It is not intended by this provision to vest in said City Planning Commission or the Board of City Commissioners
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authority to finally control the location and operation thereof, but only to make suggestions which shall be given publicity and to give the owners or builders the benefit of the suggestions, all looking towards the final betterment and improvement of the city. Zoning plans. (18) No ordinance or resolution authorizing any buildings, works or improvements, where same is done by authority of the city or for the benefit of the city shall be passed by the Board of City Commissioners unless same shall have first been submitted to the City Planning Commission for its consideration and had report thereon. Afterwards, the Board of City Commissioners may accept or reject the report, but it is the purpose of this provision to provide for a recommendation, either favorable or unfavorable, by the City Planning Commission thereon, to-wit: Public buildings, as above stated, where undertaken by or on behalf of the City of Albany, except school buildings; viaducts, bridges, street fixtures and other street structures and appurtenances; opening, widening, vacation or extension of any street. Building ordinances, etc., to be submitted to Planning Commission before adoption. (19) Where any ordinance or resolution relating to the matters just named is introduced in the Board of City Commissioners, the city clerk shall, upon its introduction, refer such ordinance or resolution to the City Planning Commission, and the Board of City Commissioners shall not act thereon until report shall be made by the City Planning Commission, as above stated, except where such report is delayed beyond a period of thirty days, the Board of City Commissioners may take it up and pass same without such report. Sec. 4. Be it further enacted by the authority aforesaid, That said Act be further amended as follows, to-wit: (1) That the Board of City Commissioners of the City of Albany is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, ways, lanes and other public places in the City of Albany, and to improve the same by paving, macadamizing and draining the same whenever in its judgment the public convenience and welfare
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may require such improvements, subject only to the limitations prescribed in this Act. Grading, paving, draining, etc., power as to. (2) That any street or steam railroad now having or which may hereafter have tracks running through the streets, avenues, ways, lanes or alleys of said city or other public places, may be required by said Board of City Commissioners to pave, macadamize andor drain the width of the track and two feet on each side of every line of track now constructed or that may hereafter be constructed by such railway company, and if such railroad company shall fail or refuse to comply with the order of said Board of City Commissioners to make such improvements by paving, macadamizing and or draining the same after receiving thirty days' notice to do said work, such work may be done by said Board of City Commissioners at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and the Board of City Commissioners of the City of Albany shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company, which may be enforced against such property as hereinafter provided for the enforcement of other liens for paving. Railroad companies, power to require paving, etc., by, or to charge with cost. Lien for cost of improvements. (3) That whenever the said Board of City Commissioners shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, way, lane or any part thereof, within the limits of the City of Albany, said Board of City Commissioners shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published in six (6) consecutive issues of a daily newspaper published and having a general circulation in the City of Albany; and if a majority of the owners of the land liable to assessment to pay for such improvement of any such highway shall not within fifteen (15) days after the last publication of such resolution, file with the clerk of said city their protest in writing against such improvement, then said Board of City Commissioners shall have power to cause said improvement to be made, and to contract therefor, and to levy assessments or liens provided for. Any number of
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streets, avenues, alleys, ways, lanes or other public places or parts thereof to be so improved may be included in one resolution, but any protest or objection shall be made as to each street or other highway separately; provided, however, that if a majority of the owners of the land liable to assessment for any such improvement shall petition the Board of City Commissioners for such improvement of any street or part of street, alley, way, lane or avenue, or other public place, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petitioners for such improvements, it shall thereupon be the duty of said Board of City Commissioners to promptly cause the said improvements to be made in accordance with the prayer of said petition, and in case the resolution hereinbefore mentioned shall not be required. Assessments. Resolution declaring street improvement necessary; publication time for protest, before adoption of ordinance. Resolution may include any number of streets Proviso as to case of petition for improvement. (4) That the lots, pieces or parcels of land fronting and abutting upon both sides of said improvements shall be charged with the cost thereof according to the just pro rata of the entire cost of said improvement for the said frontage on basis of lineal foot frontage; provided, That the frontage of intersecting streets, ways, avenues, lanes or alleys shall be assessed as real estate abutting upon the street, lane, alley, way or avenue paved or otherwise improved, and the said Board of City Commissioners shall be for all the intents and purposes of this Act, an owner or legal representative of real estate abutting on any street, lane, or alley, way or avenue, shall possess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, way or avenue, and shall pay from the city treasury the just pro rata of the entire cost of said work or improvement for the said frontage. Assessment on basis of lineal foot frontage. Intersections. (5) That whenever the petition provided for in Paragraph three of this section is presented, or when the said Board of City Commissioners shall have determined to pave or improve any street, avenue, lane, alley, way or other public place, and shall have passed the resolution provided for in said Paragraph three of this section, the said Board of City Commissioners shall then have the power to enact all ordinances and to establish all rules and regulations as may be necessary
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to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas, or sewer pipe connections to connect with any existing water, gas or sewer pipes in and underneath the streets, avenues, lanes, alleys and ways and other public places where such public improvements are to be made, and all costs and expenses for making such connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvement, in addition to the basis of said lineal foot frontage, if so determined by the appraisers hereinafter provided for. Assessment ordinances. Water, gas, and sewer connections, before paving. (6) 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 a petition for such improvement signed by a majority of the owners of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the said Board of City Commissioners 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 Board of City Commissioners to proceed with the said improvement, stating the material to be used, and the manner of construction, and defining the extent, character and width of improvement, and other such matters as may be necessary, to instruct the city manager of said city in the performance of his duties in preparing for such improvement the necessary plans, plots, profiles, specifications and estimates. Said resolution shall set forth any and all such reasonable terms and conditions as said Board of City Commissioners shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said Board of City Commissioners shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and 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
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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 improvements for a period for not less than five (5) years from the time of its completion or both, in the discretion of said Board of City Commissioners. Said resolution shall also direct the city manager of said city to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice of such proposals shall state the street, streets, or other public places to be improved, the kind 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 proposals shall be filed and when and where the same will be considered by said Board of City Commissioners. Said notice shall be published in ten (10) consecutive issues of a daily newspaper of general circulation in the City of Albany. At the time and place specified in such notice the Board of City Commissioners shall examine all bids received and without unnecessary delay award the contract 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 Board of City Commissioners as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the city manager with the plans and specifications and the said Board of City Commissioners shall have the right to reject any and all bids and readvertise for other bids when any such bids are not in its judgment satisfactory. Resolution on petition for paving. Conditions of contract, bond of contractor. Advertisement for bids. Award of contract. Limit of cost. Rejection of bids. (7) As soon as the said contract is let and the cost of such improvement, which shall also include all other expenses incurred by the city incident to said improvements in addition to the contract price for the work and materials, is ascertained, the said Board of City Commissioners shall by resolution appoint a Board of Appraisers, consisting of the mayor, the city manager, and the chairman of the board of tax assessors, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on said improvement as
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hereinbefore provided. Within ten (10) days from the date of the resolution appointing said Board of Appraisers, the said Board of Appraisers 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 said street, alley, lane, way, or avenue or other public places so improved, with the city clerk in the manner and on the basis herein provided. When said report shall have been returned and filed, the said Board of City Commissioners shall appoint a time for the holding of a session of the Board of City Commissioners or shall designate a regular meeting of the Board of City Commissioners for the hearing of any complaint 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 said clerk in at least five (5) consecutive issues of any daily newspaper of general circulation in the City of Albany, 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 (5) or more than ten (10) days from the last publication. The said Board of City Commissioners 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 of Appraisers or as corrected by said Board of City Commissioners. Assessments in confirmity to said appraisement and apportionment as confirmed by the Board of City Commissioners shall be payable in ten (10) equal installments and shall bear interest at the rate of not exceeding seven per cent. (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 Board of City Commissioners shall by ordinance levy assessments in accordance with said appraisement and apportionment as so confirmed against the several tracts of land liable therefor; provided, however, that the rate of interest to be taxed shall not exceed one per cent. (1%) over and above the rate of interest stipulated in the bonds herein provided for. Appointment of Board of Appraisers. Apportionment of cost. Report of appraisers. Hearing of objections. Publication of notice. Review by Commissioners. Assessments payable in ten yearly installments. Interest.
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(8) 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 assessments within thirty (30) days from the date of 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 (30) days to the Treasurer of the City of Albany and relieve their property from the lien of said assessment, which money so paid to the said treasurer shall be distributed prorata between the contractor and the city in proportion to the respective interests. Installments due September 1. Proviso. Payment in 30 days. Appropriation of payment. (9) That such special assessments and each installment thereof, 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 lien 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. Lien of assessment. (10) That the said Board of City Commissioners, after the expiration of thirty (30) days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen (15) days after the passage of the ordinance levying the said assessments and of such denominations as the said Board of
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City Commissioners may determine, which bond or bonds shall in no event become a liability of the Board of City Commissioners of the City of Albany issuing same. Onetenth in amount of any such series of bonds with the interest upon the whole series to date shall be payable on the fifteenth day of September next succeeding the maturity of the first installment of the assessments and interest, and one-tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the fifteenth day of September in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding six per cent. (6%) 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 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 improvement under authority of this Act. Said bonds shall be signed by the mayor and attested by the clerk of the city and shall have the impression of the corporate seal of such city thereon, and shall have interest coupons attached, and all bonds issued by authority of this Act shall be payable at such place either within or without the State of Georgia, as shall be designated by said Board of City Commissioners. 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 Board of City Commissioners, 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 Board of City Commissioners shall direct. Said bonds shall be registered by the clerk of the city in a book to be provided for that purpose and certificates of registration by said clerk shall be endorsed upon each of said bonds. Street-improvement bonds, when issued. Amount. Bonds not to become liability of Board of Commissioners When payable. Interest rate. Payable solely from assessments. Form of bonds. Disposal of bonds and proceeds. Not to be sold below par. Registration of bonds.
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(11) That the assessments provided for and levied under the provisions of this Act shall be payable by the person owning the said lots or tracts of lands as the several installments become due, together with the interest thereon to the Treasurer of the City of Albany, who shall give proper receipts for each payments. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest thereon and expenses incurred thereto, and for no other purpose. Assessments payable to City Treasurer. Account of collections; separation of fund. It shall be the duty of said treasurer or clerk of the city, not less than thirty (30) days and not more than forty (40) days before the maturity of any installment of such assessments, to publish in two (2) successive issues of a daily newspaper published in the City of Albany and having a general circulation in said city, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the 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, proceeding will be taken to collect said installment and interest, and it shall be the duty of said treasurer promptly after the date of the maturity of any such installment or assessment and interest and on or before the fifteenth day of September of each year, in case of a default of payment of such installment or assessment with interest, to issue an execution against the lot or tract of land assessed for such 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 or Chief of Police of the City of Albany, 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, the same shall be sold at public outcry to the highest bider; and such sales shall vest an absolute title in the purchaser subject to the lien of the remaining unpaid installment with interest, and also subject to the right of redemption so
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provided in Section 880, 1169, 1170, 1171, 1172, of the Code of Georgia of 1910, 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 is due, and stating what amounts 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 (and the foregoing and following provisions shall apply to the street or steam railroads against whom execution shall be issued for the cost and expense of paving) shall set out in detail the reasons why the affidavit claims the amount is not due, and when received by the city marshal or chief of police, shall be returned to the City Court of Albany, Dougherty County, Georgia, and there be 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 under the Code of Georgia. The failure of the said treasurer or clerk to publish said notice of maturity of an installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor. Publication of notice before maturity of installment. Issuance of execution; levy, sale. (12) That no suit shall be sustained to set aside any such assessment or to enjoin the said Board of City Commissioners 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 Board of City Commissioners to adopt and publish the preliminary resolution provided for in Paragraph three of this section in cases requiring such resolution and its publication, and to give the notice of the hearing of the return of the appraisers as herein provided for, unless such suit shall be commenced within sixty (60) days after the passage of the ordinance making such final assessments, provided that in the event any special assessment shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the said Board of City Commissioners may at any time in the manner provided for the levying an original assessment proceed to cause a new assessment to be made and
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levied which shall have like force and effect as an original assessment. Injunction. or suit to set aside assessment, grounds for; time for suit. Proviso. New assessment. (13) That in all cases where said Board of City Commissioners shall deem it necessary to re-pave, re-drain, re-macadamize, or otherwise improve any street, alley, avenue, lane, way or other public place, which had been paved or improved prior to the passage of this law, or which shall have been heretofore paved, macadamized or drained under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act and in such cases all provisions of this Act providing for making such improvements and levying assessments therefor and the issuance of bonds shall apply; provided, That in the judgment of said Board of City Commissioners of said city the pavement is worn out and no longer serviceable. Repairing, redraining, etc. (14) That the publication of all notices in a daily newspaper called for in this Act shall be the number of days therein specified exclusive of Sunday and legal holidays. Time of publication of notice. (15) That whenever the abutting land owners of any street, alley, way, avenue or land of said city petition the said Board of City Commissioners as herein set out, or said Board of City Commissioners pass the resolution provided for in Paragraph three of this section, for the pavement of any such street, avenue, alley, way or lane or other public places, where the State or any of the political subdivisions, is the owner of the property on said street, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for 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 County Commissioners of Dougherty County is authorized to sign in behalf of the county; and where the City of Albany is the owner, the Mayor of Albany is authorized to sign in behalf of the city. That the provisions of this section shall in nowise annul and void
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the present law under the present charter of the City of Albany in reference to paving within the City of Albany, but the same shall be in addition to present laws governing paving within said city. Paving in front of public property. Sec. 5. Be it further enacted by the authority aforesaid, That said Act be further amended as follows, to-wit: (9) By adding to Subdivision 9 of Section 34 of said Act the following, to-wit: And in all cases where street paving or repairing is contemplated on any street or highway in the city in which mains, sewers, gas pipes, or electric wiring pipes are laid, or are to be laid, the city shall have the power to extend such mains, sewers, gas pipes, or electric wiring pipes from the main line to the property line to thereafter avoid the necessity of tearing up the paving to make house connections and to assess and collect the cost of making such property line extension against the property to which said connection is made, and to enforce the payment of said assessments as the same are assessed in cases of street paving. Extension of water and gas pipes, etc., to property line before paving. Sec. 6. Be it further enacted by the authority aforesaid, That said Act be further amended as follows, to-wit: (1) By adding to the third paragraph of subparagraph A of Section 3 of such Act, the following, to-wit: And on the first Monday in December in each year after 1923 an election shall be held hereunder for the election of commissioners to succeed those whose terms will expire on the second Monday in January next after said election, so that when said section is so amended the same shall read as follows: 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 selected are to serve until the second Monday in January, 1926, and until their successors are elected and qualified, and on the first Monday in December in each year after 1923 an election shall be held hereunder for the election of
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commissioners to succeed those whose terms will expire on the second Monday in January next after said election. Election of Commissioners. Terms. Sec. 7. Be it further enacted by the authority aforesaid, That said Act be further amended as follows, to-wit: The corporate limits of the City of Albany be and the same are hereby extended by adding to said city the following described territory, to-wit: All that territory included in the following boundaries, to-wit: Commencing at a point on the north side of Seventh Street where it intersects the east line of Jefferson Street, run a line north along the east line of Jefferson Street extended to the south line of what is known as Twelfth Street in the north side and Melvin additions to the City of Albany, and what is now the north boundary of the city fair grounds; thence run a line west along said south line of said Twelfth Street to the west side of Monroe Street; thence south along the west line of Monroe Street to the north line of Seventh Street. Corporate limits extended. Sec. 8. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith shall be and the same are hereby repealed. Approved August 6, 1924. ALDORA CORPORATE LIMITS EXTENDED. No. 392. An Act to amend an Act approved August 17, 1911, which was an Act to define the Eastern and a portion of the Northern Corporate limits of the Town of Aldora, so as to include within the corporate limits of the Town of Aldora, certain lands now owned by the Aldora mills. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That after the passage of this Act, Section 1 of an Act approved August 17, 1911, which was an Act to define the Eastern
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and a portion of the Northern Corporate limits of the Town of Aldora is hereby amended so as to include within the incorporate limits of said Town of Aldora two certain tracts of land now owned by the Aldora mills, formerly owned by W. B. Smith, and W. B. Smith and Ben Turner. The present incorporate limits of said town shall remain as they now are with the exception that these two tracts of land shall be included therein and the established land lines of the tract of land formerly owned by W. B. Smith on the north and the east and the established land lines of the tract of land formerly owned by Ben Turner and W. B. Smith on the east and south shall be the fixed incorporate limits of the Town of Aldora as to the new territory herein acquired, so that no part of the Town of Aldora, nor any part of the property of said Aldora mills, south of the Central of Georgia Railroad, shall be within the incorporate limits of the City of Barnesville, but shall be within the corporate limits of the Town of Aldora. Description of land included in corporate limits. 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 8, 1924. ALMA TAX INCREASE FOR SCHOOLS, ELECTION AS TO. No. 307. An Act to amend an Act approved August 21, 1906, entitled A Bill to be entitled an Act to create a new charter for the Town of Alma in Appling County (now Bacon County); to incorporate said town and prescribe its limits; to provide for a mayor and councilman for said town, to prescribe their duties and powers; to vest in said new corporation all property and other rights now vested in the present town of Alma; to supersede the present charter of same as granted by the Superior Court of Appling County; to authorize the establishment of a system of public schools for said town and provide for building and equipping suitable public
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school building; to provide for a system of water works; to provide for all other matter of municipal cognizance, and for other purposes, and all amendments thereto, so as to provide for a levy and collection of a tax not exceed one per cent per annum on the taxable property in the Town of Alma, Georgia, for school purposes, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and the same is hereby enacted by the authority of the same, That from and after the passage of this Act that Section 19 of Act approved August 21, 1906, be and the same is hereby amended by the authority of aforesaid by striking the words one-half of from the fifth line of page 502 of Acts 1906, of said Section 19, so that after said section is amended it will read as follows: Ga. L. 1906, p. 502.: Amendment. To read. Sec. 19. Be it further enacted, That the mayor and councilmen may establish within the corporate limits of said town a system of public schools and for this purpose shall have power and authority to assess and collect additional tax of not more than one per centum on all taxable property within said town for the purpose of support and maintenance of said schools; provided, That public schools shall not be established or maintained until the questions shall have been submitted to a vote of the qualified voters of said town, and approved by such a vote as may be required in such cases by the Constitution of this State. Such questions shall be submitted after the same notice and manner as now provided by law for submitting the question of issuing municipal bonds. Said mayor and councilmen shall also have power and authority to issue the bonds of said town for the purpose of raising a school building fund, the proceeds of which shall be appropriated to the purchase of land and the erection of school buildings thereon; provided, that any debt made or incurred for this purpose shall not be in violation of the Constitution of this State, and if issued shall be in pursuance of, and after an election which shall be held in conformity to, said constitution,* of a public school system said mayor and councilmen shall have the power to provide for and elect a Board of Education of five members to control the same. School tax limit 1%. *Compare with act amended.
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Sec. 2. Be it further enacted by the authority of aforesaid, That this Act shall not be and become a law until it is first submitted to all the legal voters qualified to vote in any regular city election for the city or town of Alma, Georgia, at a special election to be called as the law provides, by the mayor and councilmen of the City of Alma, Georgia. Said election may be called by the mayor and councilmen of the City or Town of Alma, Georgia, at any time after the passage of this Act, provided notice of said special election shall be published once each week for four weeks in some newspapers with a general circulation in Alma, Georgia, prior to the date on which said special called election is to be held; and at said election held for the purpose of ratifying said amendment the mayor and councilmen of the City or Town of Alma shall cause to be placed on the ballots prepared for said special election the words, For amendment, and the words, Against amendment. Those voting for the amendment will leave the words For amendment on said ballots, and those voting against said amendment will leave on said ballots the words Against amendment. The results of the election shall be declared by the mayor and council of the City or Town of Alma, Georgia, and if a majority of the persons voting in said election shall be in favor of the amendment the mayor and council of the City or Town of Alma shall so declare and enter same upon their minutes, and the amendment shall be and become operative and a law immediately upon declaring the result of the election, if in favor of the amendment. If a majority of the voters voting at said election shall be against amendment, the mayor and council shall so declare and place the same upon their minutes, and this Act shall not become a law. It shall be the duty of the mayor and councilmen of the Town or City of Alma, Georgia, to meet the next day after the said special election herein provided for is held, and to declare the results of said election, provided said special election is not held on Saturday, but in event said special election is held on Saturday, then and in that event said mayor and council shall meet the following Monday and declare the result of said election. Referendum.
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Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1924. ASHBURN SIDEWALKS AND STREETS; ASSESSMENTS; ELECTION AS TO BONDS. No. 345. An Act to amend an An Act creating a new charter for the City of Ashburn, Georgia, and for other purposes, approved August 26, 1906, by striking therefrom Section 30 providing for street and sidewalk improvements and assessments therefor, and inserting in lieu thereof a new section pertaining to the same subject-matter and to the issuance of bonds by said city for the costs of the city's share of said improvements, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act of the General Assembly of the State of Georgia, approved August 26, 1906, creating a new charter for the City of Ashburn, Georgia, and for other purposes, be and the same is hereby amended by striking Section 30 therefrom and inserting in lieu thereof, a new Section 30 which shall read as follows: Act of 1906 amended. Sec. 30 stricken. Substitute. Sec. 30 (1) Said city shall have power and authority by ordinance to grade, pave, macadamize, curb, remove or otherwise repair the pavement of the sidewalks of the city, and to assess the entire cost of the same against the owners of the property abutting on said sidewalks, according to the frontage owned by them thereon. Power to pave sidewalks, etc., and assess cost against property owners. (2) Said city shall have power and authority by ordinance to grade, pave, macadamize or improve, for travel or drainage, any of the streets, alleys or ways of said city, and to assess two-thirds of the cost of such grading, paving, macadamizing
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or improving against the owners of the property abutting on each side of the streets, alleys or ways, so graded, paved, macadamized or otherwise improved, according to the frontage owned by each on said streets; that is, the property owners on one side of such streets paying one-third of the total costs of such improvements and the property owners on the other side of such street paying one-third of the total costs of such improvements, proportioned in accordance to the frontage of such property on the street, alley or way so improved and the city paying the other one-third of the total costs of such improvements; and said city shall have the right, power and authority to grade, pave, macadamize and otherwise improve as they shall deem proper, the width of and two feet on each side of the tracks of any street railway company or steam railway company that may run, now or hereafter, through, along or across the streets, alleys or ways of said city, and to assess the entire costs of such improvements against such railway company, and the same shall be enforced and collected by execution as is hereinafter provided in Paragraph 3 of this section, Provided, that when there are streets, alleys, or ways, running alongside and adjacent to the rights-of-way of any steam, gas or electric railway company now running or that may hereafter run through said city, that such railway company shall be deemed the abutting property owner on each of said streets and shall pay one-third of the costs of paving each of said streets, as would be required of any other property owner, owning property adjoining and abutting said street. Street paving, etc. Assessment against railroad company. (3) The said City of Ashburn is hereby empowered to enforce the payment of the assessments provided for in Paragraphs 1 and 2 of this section by execution against the abutting property owners and the abutting property, which execution shall be issued and levied like executions for taxes under existing ordinances or such ordinances as may hereafter be made applicable to the subject, and said property shall be sold in the same manner, and be subject to all the incidents of purchase by the city and redemption by the owner, etc., as provided by Section 879 et. al. seq. of the Code of Georgia of
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1911, and the amendments thereto, provided however that to an execution issued under the provisions of this section, the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued, is due, and the reason why same is not due by and from defendant in fi. fa. and stating what amount is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance and said affidavit so received shall be returned to the Superior Court of Turner County, Georgia, 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. Execution, levy and sale. Affidavit of illegality. (4) One publication of the ordinance or ordinances providing for the improvements mentioned in this section, in the newspaper in Turner County in which the Sheriff's advertisements are published, shall be sufficient notice to abutting property owners, or railroad or street railroad companies having tracts 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. Publication of ordinance providing for improvements. (5) The lien of execution for assessments on abutting property provided for in Paragraph (3) of this section shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from the time of passage of ordinance or ordinances authorizing the execution of the work done in each case. Lien of execution for assessment. (6) The Mayor and Council of said City of Ashburn are hereby authorized and empowered to submit to the qualified voters of said city under provisions of the Code of Georgia of 1910, Section 440 to 444, inclusive, and other sections of said Code and Acts amendatory thereof and relating thereto, the question of issuing bonds in any necessary sum allowed by law, for the purpose of incurring a bonded debt to raise the necessary amount of money to pay the costs of the city's share of the improvements as set out in Paragraphs 1 and 2 of this section, and at said election the ballots shall be written or
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printed For Street Improvement Bonds or Against Street Improvement Bonds. Bonds for. city's share of improvements, election as to issuance of. (7) Said election shall be held after notice required by law is given and shall be held in same manner, at the same place and by the same persons, under the same rules and regulations as elections for officers of said municipality are held, and the returns of said election shall be made to the officers calling such election, who shall, in the presence of and together with the several managers of said election (who bring up the returns), consolidate said returns and declare the result of same. (8) Should the requisite two-thirds of the qualified voters of said municipality vote For Street Improvement Bonds in an election regularly called and held hereunder, then the authority to issue bonds in the amount authorized in accordance with Paragraphs 1 and 2, Section 7, Article 7 of the Constitution is hereby given to the proper officers of said municipality. (9) The validation of said bonds and the provisions for payment of same shall be done in the same manner as that now prescribed in regard to other issues of bonds by said municipality. Validation of bonds. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. ATLANTA CORPORATE LIMITS EXTENDED. No. 296. An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof, by extending the limits of said city so as to annex and include the following territory, to-wit:
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All that tract or parcel of land lying and being in land lots 190, 224 and 225 of the 17th District of Fulton County, Georgia, more particularly described as follows: Beginning at a point where the south line of the right of way of the Southern Railway Company intersects the land lots line between land lots 189 and 190 of the 17th District of Fulton County, Georgia, at a point north of Marietta Street; thence extending in a westerly and northwesterly direction along the southern boundary of the right of way of said Southern Railway Company to the southern line of Southern Street at a point about midway between the north side and the south side of said land lot 224; thence running west along the south lines of said Southern Street to the west line of said land lot 224; thence running south along the west line of land lot 224 and of land lot 225 to the southwest corner of said land lot 225; thence running east along the southern boundary of land lot 225 and 190 to the present limits of the City of Atlanta; thence running north along the west boundary of the present limits of the City of Atlanta to the beginning point; to extend the jurisdiction of the City of Atlanta over said annexed territory; to make its ordinances binding upon persons and property therein; to authorize and empower the General Council of said city to include all or any part of said annexed territory, in their discretion, in one or more of the wards of the city; to pass such ordinances as may be advisable in readjusting said territory with the rest of the city and to make same subject to the laws, liabilities, rights and privileges appertaining to the entire City of Atlanta, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof be, and the same are, hereby amended as follows: By extending the limits of said city so as to include the following territory to-wit: All that tract or parcel of land lying and being in land lots 190, 224 and 225 of the 17th District of Fulton County, Georgia, more particularly described as follows: Beginning at a point where the south line of the right of way of the Southern Railway Company
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intersects the land lot line between land lots 189 and 190 of the 17th District of Fulton County, Georgia, at a point north of Marietta Street; thence extending in a westerly and northwesterly direction along the southern boundary of the right of way of said Southern Railway Company to the southern line of Southern Street at a point about midway between the north side and the south side of said land lot 224; thence running west along the south line of said Southern Street to the west line of said land lot 224; thence running south along the west line of land lot 224 and of land lot 225 to the southwest corner of said land lot 225; thence running east along the southern boundary of land lot 225 and 190 to the present limits of the City of Atlanta; thence running north along the west boundary of the present limits of the City of Atlanta to the beginning point. Extention of western boundary to include land in lots 190,224,225, of 17th district of Fulton County Sec. 2. 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 prescribed by the terms of this Act. The power and authority of the officers of the city are made co-extensive with the limits as extended by this Act and all other rights and powers necessary to carry out and enforce the laws and ordinances governing the said City of Atlanta. The power of taxing property and of fixing and regulating licenses for business, to assess, issue execution for and, in case 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 Collectors, Marshal, Clerk of Council, 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 under the former limits under the present charter laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta and are bound for the payment of said bonds equally with the former territory of the City of Atlanta. New territory subject to laws, bonded debt, etc., of city.
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Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed, Approved July 25, 1924. ATLANTA CORPORATE LIMITS EXTENDED; TAX AND STANDS FOR NEWS WAGONS. No. 396. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, by extending the limits of said city so as to annex and include the following territory, to-wit: First Parcel: All that tract or parcel of land lying and being in land lots 190 of the 17th District and 144 of the of the 14th District of originally Henry, now Fulton County, Georgia, more particularly described as beginning at a point where the south line of the right of way of the Southern Railway Company intersects the land lot line between land lots 189 and 190 of the 17th District of Fulton County, Georgia, at a point north of Marietta Street, and extending thence in a westerly or southerly direction along the south line of said right of way of the Southern Railway Company to the east line of the right of way of the L. N. Railway Company; thence south or southerly along the east line of the L. N. Railway Company to the present city limits; thence northerly along said present city limits, to the beginning point. To extend the jurisdiction of the City of Atlanta over said annexed territory; to make its ordinances binding upon persons and property therein; to authorize and empower the General Council of said city to include all or any part of said annexed territory in their discretion in one or more of the wards of the city; to pass such ordinances as may be advisable in re-adjusting said territory with the rest of the city and to make same subject to the laws, liabilities, rights and privileges appertaining to the entire City of Atlanta, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are, hereby amended as follows: By extending the limits of said city so as to include the following territory, to-wit: First Parcel: All that tract or parcel of land lying and being in land lots 190 of the 17th District and 144 of the 14th District of original Henry, now Fulton County, Georgia, more particularly described as beginning at a point where the south line of the right of way of the Southern Railway Company intersects the land lot line between land lots 189 and 190 of the 17th District of Fulton County, Georgia, at a point north of Marietta Street, and extending thence in a westerly or south-westerly direction along the south line of said right of way of the Southern Railway Company to the east line of the right of way of the L. N. Railway Company; thence south or southerly along the east line of the L. N. Railway Company to the present city limits; thence northerly along said present city limits to the beginning point. Corporate limits extended westward to include land in lots 190 of 17th District and 144 of 14th District, Fulton County. Second Parcel: All that tract or parcel of land lying and being in land lots 152 and 169 of the 14th District of originally Henry now Fulton County, Georgia, more particularly described as beginning on the land lot line between land lots 151 and 152 at a point 746 feet east of the northwest corner of land lot; thence south five hundred (500) feet in a line parallel with land lot lines between land lots 152 and 169; thence west on the line parallel with land lot lines between land lots 152 and 151 and 170 and 169, to the west or northwest side of Cascade Avenue; thence in a northeasterly direction along the west or northwest side of Cascade Avenue to the present city limits; thence east along said present city limits to the beginning point. To include land in lots 152 and 169 of 14th District Fulton County Sec. 2. 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
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the terms of this Act. The power and authority of the officers of the city are made co-extensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and 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-Collector, Marshal, Clerk of Council, Recorder, Building Inspector, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta and are bound for the payment of said bonds equally with the former territory of the City of Atlanta. New territory subject to laws bonded debt, etc., of city. Sec. 3. For the purpose of raising revenue for the support and maintenance of said City Government of the City of Atlanta, Georgia, the Mayor and General Council shall have full power and authority, and they may provide by ordinance for the assessment, levy and collection of a license tax for any person, firm or corporation having and using a news wagon on any public street or part of a public street in said City of Atlanta, Georgia, for the purpose of selling newspapers. License tax for news wagons. Cf. title of Act. Sec. 4. It is further provided, That the Mayor and General Council of the City of Atlanta, Georgia, shall have full power and authority, and they may provide by ordinance for the establishment of certain parking places for said news wagons in said streets of the City of Atlanta, Georgia, for each and every person, firm or corporation paying a licensed tax therefor, for the purpose of selling newspapers. Stands for news wagons. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1924.
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ATLANTA CORPORATE LIMITS EXTENDED. No. 400. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof by extending the limits of said city so as to annex and include the following territory, to-wit: All that tract or parcel of land lying and being in land lots 190, 224 and 225 of the 17th District of Fulton County, Georgia, more particularly described as follows: Beginning at a point where the south line of the right of way of the Southern Railway Company intersects the land lot line between land lots 189 and 190 of the 17th District of Fulton County, Georgia, at a point north of Marietta Street; thence extending in a westerly and northwesterly direction along the southern boundary of the right of way of said Southern Railway Company to the southern line of Southern Street at a point about midway between the north side and the south side of said land lot 224; thence running west along the south line of said Southern Street to the west line of said land lot 224; thence running south along the west line of land lot 224 and of land lot 225 to the southwest corner of said land lot 225; thence running east along the southern boundary of land lot 225 and 190 to the present limits of the City of Atlanta; thence running north along the west boundary of the present limits of the City of Atlanta to the beginning point; to extend the jurisdiction of the City of Atlanta over said annexed territory; to make its ordinances binding upon persons and property therein; to authorize and empower the General Council of said city to include all or any part of said annexed territory, in their discretion, in one or more of the wards of the city; to pass such ordinances as may be advisable in readjusting said territory with the rest of the city and to make same subject to the laws, liabilities, rights and privileges appertaining to the entire City of Atlanta, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for
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the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are, hereby amended as follows: By extending the limits of said city so as to include the following territory, to-wit: All that tract or parcel of land lying and being in land lots 190, 224 and 225 of the 17th District of Fulton County, Georgia, more particularly described as follows: Beginning at a point where the south line of the right of way of the Southern Railway Company intersects the land lot line between land lots 189, and 190 of the 17th District of Fulton County, Georgia, at a point north of Marietta Street; thence extending in a westerly and north westerly direction along the Southern boundary of the right of way of said Southern Railway Company to the Southern line of Southern Street at a point about midway between the north side and the south side of said land lot 224; thence running west along the south line of said Southern Street to the west line of said land lot 224; thence running south along the west line of land lot 224 and of land lot 225 to the southwest corner of said land lot 225; thence running east along the southern boundary of land lot 225 and 190 to the present limits of the City of Atlanta; thence running north along the west boundary of the present limits of the City of Atlanta to the beginning point. Corporate limits extended westward to include land in lots 190, 224, 225 of 17th District of Fulton County. Sec. 2. 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 co-extensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and 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
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Health, Police Department, City Tax Assessors and Receivers, Tax-Collector, Marshal, Clerk of Council, Recorder, Building Inspector, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta and are bound for the payment of said bonds equally with the former territory of the City of Atlanta. New territory subject to laws, bonded debt, etc., of city. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924. ATLANTA CORPORATE LIMITS EXTENDED. No. 402. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, by extending the limits of said city so as to annex and include the following territory, to-wit: Beginning in Piedmont Road at the city limits and extending thence northward along Piedmont Road to Rock Springs and Decatur Road; thence southeast and east along Rock Springs and Decatur Road to Fulton and DeKalb County line; thence northward along said county line to the northwest corner of land lot fifty-six of DeKalb County; thence east to Briarcliff Road; thence south along Briarcliff Road to the property of Asa G. Candler, Jr., occupied by him as his home place; thence west along the north line of the property of said Asa G. Candler, Jr., to the northwest corner of the same; thence south along the west line of said property to the southwest corner of the same; thence east to the property of E. S. Gay estate; thence south along the west line of the property
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of the E. S. Gay estate to the southwest corner of the same; thence east to Briarcliff Road; thence south along Briarcliff Road to the property of C. H. Chandler, occupied by him as his home place; thence west along the north line of said property to the northwest corner of same; thence south along said C. H. Chandler's west line and to the said present city limits; thence westward, northward, etc., along the city limits to the beginning point; to extend the jurisdiction of the City of Atlanta over said annexed territory; to make its ordinances building upon persons and property therein; to authorize and empower the General Council of said city to include all or any part of said annexed territory, in their discretion, in one or more of the wards of the city; to pass such ordinances as may be advisable in readjusting said territory with the rest of the city and to make same subject to the laws, liabilities, rights and privileges appertaining to the entire City of Atlanta and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are, hereby amended as follows: By extending the limits of said city so as to include the following territory, to-wit: Beginning in Piedmont Road at the city limits and extending thence northward along Piedmont Road to Rock Spring and Decatur Road; thence southeast and east along Rock Springs and Decatur Road to the Fulton and DeKalb County line; thence northward along said county line to the northwest corner of land lot fifty-six of DeKalb County; thence east to Briarcliff Road; thence south along Briarcliff Road to property of Asa G. Candler, Jr., occupied by him as his home place; thence west along the north line of the property of said Asa G. Candler, Jr., to the northwest corner of the same; thence south along the west line of said property to the southwest corner of the same; thence east to the property of E. S. Gay estate; thence south along the west line of the property of the E. S. Gay estate to the southwest corner of the same; thence east to Briarcliff Road; thence south along Briarcliff Road to the property of C. H.
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Chandler, occupied by him as his home place; thence west along the north line of said property to the northwest corner of the same; thence south along said C. H. Chandler's west line and to the said present city limits; thence westward, northward, etc., along the city limits to the beginning point. Territory included. Sec. 2. 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 co-extensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and 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-Collector, Marshal, Clerk of Council, Recorder, Building Inspector, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta and bound for the payment of said bonds equally with the former territory of the City of Atlanta. Provided, however, that the provisions of this Act shall not take effect until January 1, 1925. New territory subject to laws, bonded debt, etc., of city. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924.
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ATLANTA CORPORATE LIMITS EXTENDED. No. 453. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, by extending the limits of said city so as to annex and include the following territory, to-wit: All that tract of land lying and being in land lot 88 of the 14th District, Fulton County, Georgia, more particularly described as beginning at a point on south side of right of way of belt line of Atlanta and West Point Railway Company, where same touches the present city limits two hundred thirty (230) feet east from center of Stewart Avenue, and running thence easterly along the south side of said right of way eleven hundred and three (1103) feet; thence in a straight line and southerly direction to the northeast corner of property of Charles Deckner, in said land lot; thence in a straight line west to the present city limits; thence northerly along said limits to beginning point; to extend the jurisdiction of the City of Atlanta over said annexed territory; to make its ordinances binding upon persons and property therein; to authorize and empower the General Council of said city to include all or any part of said annexed territory, in their discretion, in one or more of the wards of the city; to pass such ordinances as may be advisable in readjusting said territory with the rest of the city and to make same subject to the laws, liabilities, rights and privileges appertaining to the entire City of Atlanta, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof be, and the same are, hereby amended as follows: By extending the limits of said city so as to include the following territory, to-wit: All that tract of land lying and being in land lot 88 of the 14th District, Fulton County, Georgia, more particularly described as begining at a point on south side of right of way of belt line of
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Atlanta and West Point Railway Company, where same touches the present city limits two hundred thirty (230) feet east from center of Stewart Avenue, and running thence easterly along south side of said right of way eleven hundred and three (1103) feet; thence in a straight line and southerly direction to the northeast corner of property of Charles Deckner, in said land lot; thence in a straight line west to the present city limits; thence northerly along said limits to the beginning point. Extension southward to include land in lot 88 of 14th District, Fulton County. Sec. 2. 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 co-extensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and 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-Collector, Marshal, Clerk of Council, Recorder, Building Inspector, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta and are bound for the payment of said bonds equally with the former territory of the City of Atlanta. New territory subject to laws, bonded debt, etc., of city. Sec. 3. Commencing at the southeast corner of property of West View Cemetery, which point is two hundred (200) feet, more or less, west of West Ontario Avenue at the present city limits and running thence west eighteen hundred fifty
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(1850) feet to land lot line between land lots 149 and 172; thence south along the said land lot line eighteen hundred seventy-two (1872) feet to corner formed by land lots 149 and 150 and 171 and 172; thence continuing south along the land lot line between land lots 150 and 170 a distance seven hundred seventy-five (775) feet; thence east nine hundred fifty (950) feet to the present city limits; thence north along the present city limits fifteen hundred thirty-two (1532) feet more or less, to Stokes Avenue at the present city limits; thence west along Stokes Avenue and the present city limits eight hundred (800) feet to where same comes on Stokes Avenue, thence north along the present city limits ten hundred seventy-five (1075) feet to point of beginning. Other territory. Cf. title of Act. Sec. 4. Excepting a certain tract of land commencing at the southeast corner of the property of the West View Cemetery Association, which point is 200 feet more or less, west of West Ontario Avenue at the present city linits, and running thence west along the south line of the West View Cemetery Association property a distance of 1,850 feet, more or less, to land lot line between land lots 149 and 172, thence south along said land lot line a distance of 1,075 feet more or less, to Stokes Avenue; thence east along Stokes Avenue 1,850 feet more or less to the present city limits; thence north 1,075 feet more or less, to point of beginning, being the property of F. W. Stokes in land lot 149, of the Fourteenth District of Fulton County, Georgia. 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 13, 1924.
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ATLANTA; LEASE OF LAKEWOOD; FOUR-YEAR TERMS OF OFFICE; QUORUM OF COUNCIL; HEARING ON IMPROVEMENTS; REFERENDUM ON POWERS AND ELECTION OF BOARD OF EDUCATION. No. 372. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. That the provisions of the present charter, as codified in Section 283 of the City Code of 1910, providing that the City of Atlanta shall not lease the old water works property known as Lakewood for a term longer than five years, be amended by adding thereto the following: The Mayor and General Council of the City of Atlanta, however, are hereby authorized, as an exception to the foregoing prohibition, to lease the property known as Lakewood, being the old water works property, to the Southeastern Fair Association for a period not exceeding twenty-five years, upon such terms and conditions, as the city may agree upon these matters being left to the discretion of the said Mayor and General Council. Authority to lease Lakewood; term of lease. Section 1-b. The terms of office of the following officers of the City of Atlanta are hereby increased from the term of two years, as now provided, to the term of four years, to-wit: City Attorney, City Comptroller, City Treasurer, Chief of Construction, General Manager of Water Works, City Electrician, Building Inspector, City Marshal, City Tax-Collector and City Warden. The present method of electing said city officers shall remain as now provided by law. The present
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term of said officers shall remain the same and this amendment to take effect at the expiration of the terms of the officers holding the said offices named, and the present provisions of the charter fixing the present term of office for two years are hereby repealed and this amendment is substituted in lieu thereof. Four-year terms for certain officers. Section 1-c. That the word eleven, as found in the charter of the City of Atlanta as published in Section 82 of the City Code of 1910, be stricken and in lieu thereof the following is hereby inserted: A majority of councilmen and a majority of aldermen, so that said section when so amended shall read as follows: Sec. 82. A majority of councilmen and a majority of aldermen constitute a quorum of the General Council of the City of Atlanta for the transaction of business. Quorum of council. Sec. 2. That said Section 1-c [g?] of an amendment to the charter of the City of Atlanta approved August 14, 1921 (page 668 of Georgia Laws of that year), be amended as follows: That between the words improvement and after in the seventeenth (17th) line of page 69 [669?] there be added the following: And at such meeting of said committee on streets, all parties interested who may desire to be heard shall be given an opportunity to be heard upon the question as to the benefit or amount of benefit that will accrue to his land and also as to the amount of assessment, if any, that should be made against his land on account of said proposed improvement. After hearing from said property owners the said committee on streets shall make a report to the Mayor and General Council embodying recommendations as to whether or not said improvement shall be made. If said committee on streets recommends that said improvement should be made, then it shall, in its report to the Mayor and General Council, furnish the amounts of assessments against the respective property owners located in said district which shall be assessed against said property owners, and shall not at the same time present an ordinance to the Mayor and General Council providing for said improvement together with the assessments that shall be made against
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the respective property owners located in said taxing district. But no ordinance providing for said improvement the establishment of said tax district and making the assessments against the respective property owners located therein shall be passed until said property owners are notified of the introduction of said ordinance by an advertisement that shall be inserted at least one time in one of the daily papers of the city ten (10) days before the time of hearing as hereinafter provided. Such advertisement shall give notice of the introduction of said ordinance, the street to be improved, the amount to be raised by assessments in the taxing district, a description of the area to be covered by said tax district; it shall then set forth that the property owners or others interested are notified to appear at the meeting of the General Council to be held at a time stated in said advertisement, and make any and all objections they may desire to urge to the passage of such ordinance or to the assessments contained therein. At the time named in said advertisement, if any property owner or other interested person desires to make objections to the passage of said ordinance or the assessments contained therein, full opportunity shall be given at said meeting. At the said meeting, and after the hearing of objections, if any are made to the passage of such ordinance or the assessments contained therein, the General Council shall have the full right and power, in their discretion, to order such improvements, or reject said ordinance, or to alter any of the assessments made therein, either by increasing or decreasing the same. Hearing as to street improvements, benefit, and amount of assessment. Amounts of assessments to be stated in proposed ordinance. Notice of introduction of ordinance. Objections. Sec. 3. That the provisions of Section 3 of an amendment to the charter of the said city approved August 20, 1918, which amendment created a new board of education and gave them certain powers, be itself amended by striking therefrom the words Said board shall have sole control of the distribution and disbursements of the apportionment made each year, and inserting in lieu thereof the following: The Mayor and General Council shall have the same control over the distribution and disbursement of the apportionment made each year under all provisions of said charter, in the same manner that
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it has over the other departments of the city, and said Board of Education shall be controlled by the apportionments made by the Mayor and General Council. Said apportionment shall especially itemize the apportionment for expense and all other expenditures of the board in the same manner as it did before the present board was established and as the city does with the other departments. Powers of Board of Education, as to disbursements, salaries, erection of school-houses, etc.; amendment giving control to Mayor and Council. That said section be further amended by striking from said section of said amendment the following: and shall have the sole authority to fix salaries of the officers, employees and teachers in said department, the purchase of supplies therefor, the purchase of school property, the erection of schoolhouses, the furnishing thereof, insuring the same and paying the premiums therefor, and to take such other steps as may be needed in the preservation and protection of all property in their charge. Furthermore by adding to said section the following: The authority herein vested in the Board of Education with reference to the employment of officers, and teachers of said department, and giving said board exclusive supervision of the public schools, free and independent of any ordinances of the city, is hereby amended so that all the authority so vested is subject to the provisions of this amendment. That the provisions of Section 3 of the amendment to the charter of the City of Atlanta, approved August 5, 1922, be further amended by adding thereto the following: The Board of Education provided for by the foregoing amendment is hereby amended by adding to the membership thereof the Mayor and the Chairman of the School Committee of the General Council as ex officio members, and said officials shall serve during their respective terms of office. Mayor and Chairman of School Committee of Council to be ex officio members of Board of Education. That said section be further amended by striking therefrom the following: There shall be no ex officio members of the Board of Education. The purpose of the foregoing is to prohibit further service of the Mayor and Chairman of the School Committee of General Council as members of said board by virtue of their office.
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The provisions of Section 3 of an Act approved August 20, 1918, amending the charter of the City of Atlanta, providing for the election of the members of the Board of Education by vote of the people, are hereby repealed, and the provisions of Section 3 of an Act approved August 5, 1922, amending the charter of the City of Atlanta, are likewise amended by striking therefrom all provisions for the election of the members of the Board of Education by the people, and especially the following words: In the same manner as councilmen are elected, and in lieu thereof the following is hereby enacted: The members of the Board of Education of the City of Atlanta shall hereafter be elected by a majority vote of the Mayor and General Council. Those now in office shall serve until the end of the terms, but their successors shall be elected as above provided. All vacancies shall be filled by same manner. The Mayor and Council are authorized to provide by ordinance for the election of the members of the Board of Education as herein provided, and all provisions contrary to the terms of this amendment are hereby repealed. Election of members of Board of Education by Mayor and Council. Provided, however, that there shall be a referendum to the voters of the City of Atlanta upon the terms of this Section three (3) before same shall become effective. To that end, Council shall provide by ordinance for submitting the provisions of this section of this amendment to a vote of the people at some regular or special election, at which the qualified voters of the City of Atlanta shall vote for or against the foregoing provisions in the same manner and under the same ordinances as other city elections are held, and Council shall provide by ordinance for the form of ballot, and such other details as are necessary to secure a vote on this section of this amendment. If a majority of the voters voting are in favor of this section, same shall become effective, but if otherwise, same shall become null and void. Referendum as to this section. Sec. 4. That the Mayor and General Council of the City of Atlanta are hereby empowered and authorized to charge and collect not exceeding five (5%) per cent. of the gross receipts of all boxing, sparring and other similar exhibitions in said city as a license on such exhibitions. This license fee to be
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in lieu of any other charge against the promoters of these in charge of such exhibitions. This amendment is made necessary because of the present limitation in said charter for business licenses, and the purpose is to allow said city to collect amounts as herein authorized in lieu of said provisions, with reference to said exhibitions. License for boxing, sparring, and similar exhibitions: charge of 5% of gross receipts. Sec. 5. That the Mayor and General Council of said city are hereby authorized, in their discretion, to provide by ordinance for the collection of fees and charges for service rendered in Grady Hospital from all persons treated or operated upon or otherwise taken care of at said hospital, where said parties are able to pay, and to this end the City of Atlanta is authorized to establish pay wards in said hospital. Grady Hospital charges. Pay wards. Said city is to have this authority not only as to the hospital named in this amendment, but as to other hospitals as may be hereafter established, where the circumstances warrant charges to be made, such as the tuberculosis hospital and similar institutions. Other hospitals. The Mayor and General Council are given full authority to pass ordinances to carry the provisions of this amendment into effect and to regulate the admission of patients to the wards herein provided for, and to ordain any other rules and requirements therefor which they may deem proper. Sec. 6. 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 7, 1924. AUGUSTA; BOARD MEMBERS FROM WARDS IN NEW TERRITORY. No. 317. An Act to amend an Act entitled An Act to amend the charter of the City of Augusta to extend its corporate limits so as to include therein territory now embraced in other
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municipal corporations and other territory; to provide for the indebtedness of said municipal corporations so included; and for other purposes, approved August 19, 1911, and for other purposes. Whereas, by Act of the General Assembly approved August 19, 1911, the city limits of the City of Augusta were extended so as to include the territory formerly embraced in the municipal corporations of the Village of Summerville and the Villages of Harrisonville and Nellieville, and other territory in Richmond County; and Preamble. Whereas the City Council of Augusta has created out of territory now within the corporate limits of the City of Augusta seven wards; Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same: Section 1. That all boards or commissioners now provided to have one or more members from each ward, by election or appointment, be and the same are hereby increased by a like member from said Seventh or newly created ward or wards, and the term of office of such new members shall be the same as now governs the members from the other wards upon such boards or commissions, and such members or representatives of said new wards shall be appointed or elected, as the case may be, as is now authorized by law for the filling of vacancies upon such boards or commissions of the City of Augusta. Representation from new wards. Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved August 2, 1924. AUGUSTA; PENSIONS OF RETIRED EMPLOYEES, CONDITIONAL INCREASE OF. No. 410. An Act to amend an Act approved July 31, 1923, entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide
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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, so as to provide that as the salary of the respective positions the retired employees once held increases, the amount paid to such retired employees as pensions shall increase in a like degree; and at the time of the payment of the pension the amount paid to such retired employees shall be one-half () of the salary of the position he or she once held, 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 July 31, 1923, entitled 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, and for other purposes, be amended by adding after Paragraph (a) of Section 1 of said Act the following proviso: Provided that should, at any time after retirement, the salary of the position or rank of the retired employee held at the time of retirement be increased, then the said retired employee, at the time of the payment of pensions, is to receive one-half () of the amount of salary the said position or rank is then commanding, such one-half to be paid, as far as practicable, under the same rules and regulations as govern active members of said department. Pension to be increased when salary of position formerly held by pensioner is increased; to be half of salary. Sec. 2. Be it 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 11, 1924. BARNESVILLE CORPORATE LIMITS REDUCED. No. 377. An Act to amend an Act approved December the eleventh, 1871, which was an Act to confer additional powers upon
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the corporate authorities of the Town of Barnesville, now City of Barnesville, then in Pike County, now Lamar County and to define its incorporate limits, so as to reduce the territorial limits of said City of Barnesville. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that after the passage of this Act Section XXII of an Act approved December the 11th, 1871, which was an Act. to confer additional power upon the corporate authorities of the Town of Barnesville now City of Barnesville, then in Pike County, now Lamar County and to define its incorporate limits, is hereby amended so as to reduce the corporate limits of said City of Barnesville in the following manner, viz.: by excluding from the said corporate limits of the said City of Barnesville two certain tracts of land formerly owned by W. B. Smith, and W. B. Smith and Ben Turner, now owned by the Aldora Mills;. said land lying on the western part of the City of Barnesville. The present incorporate limits of the City of Barnesville shall in all other respect remain the same as now provided for by law; but the exception as herein provided for shall begin at a point which lies on the south side of the right of way of the Central of Georgia Railroad where the present incorporate limits of the City of Barnesville crosses the tract of land formerly owned by W. B. Smith and W. B. Smith and Ben Turner, now owned by the Aldora Mills; thence running due east along said right of way of the Central of Georgia Railroad in a straight line to a corner of land now owned by W. B. Smith on the east and the Aldora Mills on the west and the Central of Georgia right of way on the north, and thence running in southerly direction along the established land line of lands now owned by W. B. Smith and W. J. Adams on the east and the Aldora Mills on the west to the point where the present incorporate limits of the City of Barnesville crosses land now owned by W. J. Adams. Territory excluded. The course as above provided for shall after the passage of this Act be the incorporate limits as to the territory herein excluded.
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Sec. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1924. BOWDON TOWN ELECTIONS. No. 409. An Act to amend the charter of the Town of Bowdon in the County of Carroll, approved August 18, 1910, as amended by the Act of August 8, 1922, so as to provide for the time of holding elections in said town for mayor and councilmen; to provide for the registration and qualification of voters 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 4 of the Act approved August 8, 1922, amending the charter of the Town of Bowdon be and the same is hereby amended and the following section to be known as Section 4 be added in lieu thereof: Sec. 4. Be it further enacted, That from and after the passage of this Act the mayor and two councilmen shall be elected by the qualified voters of the Town of Bowdon on the second Monday in December, 1924, and the mayor and two councilmen annually thereafter, the mayor for a term of one year and the two councilmen for a term of two years; provided that this Act shall not affect the term of office now held by councilmen for said town. Said election shall be held at the council chamber or at such place in said town as the mayor and councilmen shall designate. Should there fail to be an election held in said town at the above specified time from any cause whatever, the mayor and council of said town shall order an election held in said town by posting notice at three public places in said town and publishing said notice for two weeks prior to said election in any newspaper that may be published
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in said town or having a general circulation therein; The polls at all elections in said town shall be opened at 8:00 A. M. and closed at 3:00 P. M. The qualification of voters of said election shall be such as are required for electors for the General Assembly of this State and in addition thereto a bona fide resident of said town for thirty days prior to said election and the payment of all legal taxes due and required of them by said corporation. Time of elections for Mayor and Councilmen. Qualifications of voters. Sec. 2. Be it further enacted by the authority aforesaid, That Section six of said charter be amended by striking therefrom all of said section after the oath provided therein and adding in lieu thereof the following, The Superintendents of said election shall conform to the laws governing elections in this State in so far as they are applicable to said election and shall immediately upon counting out the vote issue certificates of election to the persons receiving the highest number of votes for the respective offices. The officers thus elected shall qualify, as required by laws and enter upon the discharge of their duties on the second Monday in January following their election, so that said section when so amended shall read as follows: Certificates of election. Commencement of term. Sec. 6. Be it further enacted, That said election shall be held under the superintendency of three free-holders entitled to vote in said election. Said free-holders to take an oath for the due and legal performance of their duties as such superintendents and have all powers incident to superintendents of elections of this State. Should the superintendents have any reasonable doubt as to the qualifications of any vote, or should any voter be challenged, they shall administer the following oath: `You do swear that you are a citizen of the State of Georgia, that you have attained the age of twenty-one years; that you have resided thirty days in the Town of Bowdon, and that you have paid all taxes required of you by the State and county according to law, and have paid all taxes legally due to the authorities of said Town of Bowdon and have registered in the County of Carroll, State of Georgia, so help you God.' The superintendents of said election shall conform to the laws governing election in this State in so far as they
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are applicable to said election and shall immediately upon counting out the vote issue certificates of election to persons receiving the highest number of votes for the respective offices. The officers thus elected shall qualify, as required by law, and enter upon the discharge of their duties on the second Monday in January following their election. Sec. 3. Be it further enacted, That said recited Act creating a charter for the Town of Bowdon be and the same is hereby amended by adding immediately after Section 4, to be designated as Section 4 (a), the following: Provided, That those once registered shall remain on registration list so long as they are entitled to vote as is now provided by said charter. Permanent registration Section 4 (a). Be it further enacted, That in addition to the qualification of voters provided for in this charter that in all elections held in said town after the passage of this Act it shall be necessary for the voter to have registered at least thirty days prior to the election in which he desires to vote with the clerk of the Mayor and Council of said town, who is hereby designated as registrar for said purpose, on a registration book to be provided by the Mayor and Council of said town. Before any voter is permitted to sign said voters book it shall be the duty of said clerk of the Mayor and Council to see that he or she subscribes to the following oath: I do swear that I have attained the age of twenty-one years; that I am a citizen of the United States; that I have resided in the State of Georgia for twelve months, in the County of Carroll for six months and have been a bona fide resident of the Town of Bowdon for thirty days; and that I have paid all taxes due by me to, and demanded of me by said Town of Bowdon. So help me God. It shall be the duty of said clerk, acting as registrar, to indicate after the name of each and every registrant his or her age, race, occupation and the date of registration. It shall be the duty of said registrar to close said registration book thirty days before any election held in said town and to make up a list of those registering as required herein and certify the same as being a true list of those persons entitled to vote in said election and to furnish same to the election managers prior to the opening of the polls for such
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election. It shall be unlawful for any person to vote in any such election whose name does not appear on said registration list, as certified by said clerk. It shall be the duty of said registrar to keep open the registration book at all times when he is required to be in his office, up to the closing time of said book as herein provided for each election. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924. BOWERSVILLE SCHOOL SYSTEM ABOLISHED. No. 261. An Act to repeal an Act creating a system of Public Schools in Town of Bowersville, Hart County, Georgia, approved August 21, 1911, and amendment approved August 10, 1920, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the Act creating a system of Public Schools in the Town of Bowersville, Hart County, Georgia, approved August 21, 1911, and the amendment thereto August 10, 1920, shall from and after the passage of this Act be repealed, and said School System be abolished. Act repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 10, 1924.
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BOWMAN TAX EXEMPTION, ELECTION AS TO. No. 366. An Act to authorize the Mayor and Council of the City of Bowman, Georgia, to call an election at such times as they may desire to submit to the qualified voters of said city the question of exemption from taxation certain properties as are mentioned in Article 7, Section 2, Paragraph 2-a of the Constitution of the State of Georgia to provide who shall vote in said election, how the ballots shall be counted, the results declared and to comply with all requirements of the Constitution of this State as occurs in the article, section and paragraph above referred to, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority aforesaid, That the Mayor and Council of the City of Bowman, Georgia, are hereby authorized to call an election at such times hereafter as they may desire for the purpose of submitting to the qualified voters of said city the question of whether or not the city taxing authorities may exempt from taxation such properties as is provided in the Constitution of this State contained in Article 7, Section 2, Paragraph 2-a. One-year exemption of farm products in hands of producer. Sec. 2. Be it further enacted by the authority aforesaid, That if a majority of the voters qualified to vote for Mayor and Council of said City of Bowman, Georgia, shall vote for exemption of taxation of the property above referred to then the city taxing authorities shall not tax such property for the time provided in the Constitution of this State. If a majority of the qualified voters of the city shall vote against exemption of taxation of property above referred to then the city taxing authorities shall not exempt such property from taxation. Sec. 3. Be it further enacted by the authority aforesaid, That the manner of holding the election, the preparation and counting of the ballots, the declaration of the results shall be the same as now provided for the holding of elections for Mayor and Council, or such ordinances as the Mayor and Council shall hereafter provide. Mode of election.
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Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. BRUNSWICK; BONDS TO REIMBURSE COUNTY FOR CONTRIBUTION TO HIGHWAY; REFERENDUM. No. 268. An Act to confer additional powers upon the City of Brunswick, Georgia, in relation to streets and highways and the issuance of bonds. Whereas, Glynn County, Georgia, has contributed moneys for the acquisition of property within the City of Brunswick, Georgia, and the improvement thereof as a highway leading from the center of Black River at the city limits to a point about 500 feet north of the intersection of Glynn Avenue and the easterly extension of H Street, said highway being a part of the recently constructed highway from said City of Brunswick to St. Simon's Island, the remainder of such cost having been paid by the City of Brunswick; and Preamble. Whereas it is advisable that any question as to the right o the City of Brunswick to the control and jurisdiction of so much of said highway as lies within the city limits as aforesaid as a city street be set at rest; and Whereas reimbursement by the city to the county of not exceeding $50,000.00 of the moneys so contributed by the latter, if such reimbursement should be approved as herein provided, would constitute a proper municipal purpose justifying the appropriation of city moneys and the issuance of bonds therefor; now, Therefore, Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the
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same, That the public highway within the City of Brunswick, extending from the center of Black River at the city limits to a point about 500 feet north of the intersection of Glynn Avenue and the easterly extension of H Street, said highway being a part of the recently constructed highway from said City of Brunswick to St. Simon's Island, be and the same is hereby declared to be a city street, under the jurisdiction and control of the City of Brunswick. Highway declared to be street of city. Sec. 2. Be it further enacted by the authority aforesaid, That the City of Brunswick is hereby authorized, subject to the passage of an ordinance or resolution therefor and such ratification thereof by the qualified voters of said city as is now required by law for the issuance of city bonds, to appropriate and reimburse to Glynn County the amount contributed by the latter to the purchase of property for said road and the improvement thereof, as determined by the city commission, but the authority shall not extend to an appropriation exceeding $50,000.00. Bond issue, $50,000.00, to reimburse county. Ratification. Sec. 3. Be it further enacted by the authority aforesaid, That said The City of Brunswick is hereby authorized to issue bonds of the city to secure funds for such reimbursement in the manner and under the conditions provided by law for the issuance of city bonds. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved July 15, 1924. BRUNSWICK; HIGHWAY TO ST. SIMON'S ISLAND; POLICE POWERS; TOLLS; PARK ON ISLAND; TAX EXECUTIONS; LIENS FOR PAVING. No. 266. An Act to amend the charter of the City of Brunswick, Georgia, and to confer certain powers therein named, and for other purposes.
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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 Commission of the City of Brunswick, Georgia, shall have the power to adopt an ordinance or ordinances regulating the use of that certain public highway, running from said city to Saint Simon's Island, including that part of said highway which lies outside the corporate limits of said city as well as that which lies within said corporate limits, and to regulate the conduct of all persons while on any part of said highway, and to provide penalties for the violation of such ordinance or ordinances, such penalties to be subject to the same provisions and restrictions as are provided for in the charter of said city providing for the violation of other ordinances of said city; and the recorder's court of said city shall have jurisdiction to try and dispose of all prosecutions brought to said court for the violation of any such ordinance or ordinances, just as it has in case of violation of other municipal ordinances, and the authority to inflict such penalties on persons convicted of violating any such ordinance or ordinances, as it has in case of the violation of other municipal ordinances, provided, that such ordinances shall not conflict with or be covered by any general law of said State, except in cases in which the general law provides that municipal corporations shall also have the authority to pass ordinances covering the same offenses as are covered by the general law of the State. Such recorder's court shall, however, have the right to commit persons for trial to the State courts having jurisdiction for violating any State law thereon, where it shall appear that there is probable cause to suspect that there has been a violation of such State law. Jurisdiction over highway to St. Simon's Island. Sec. 2. Said the City of Brunswick, a municipal corporation, shall have the right and authority to charge tolls for the passage of persons, vehicles or animals traveling or offering to travel on, over or across so much of said Brunswick Saint Simon's highway as lies within the corporate limits of said city, and to charge the amount of such tolls from time to time, either increasing or diminishing the same or making such
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other changes therein as the authorities of said municipal corporation may determine; and said authorities shall have the right to exempt from payment of such tolls persons in the employment of said municipal corporation, the County of Glynn and the State of Georgia while traveling thereon on the public business. Authority to charge tolls on St. Simon's highway in corporate limits. Exemption of public officers from tolls. Sec. 3. Said municipal corporation shall have the right to acquire lands on said Saint Simon's Island for park purposes, and to develop, operate and maintain such parks for the use and benefit of the public, and to regulate use thereof; and to use and appropriate moneys from the public funds of said muncipal corporation for any and all such purposes; and said municipal corporation shall have the right to acquire such park sites by condemnation of the land suitable therefor, when the same cannot be acquired by purchase at a price satisfactory to the authorities of said municipal corporation from the owner. The method of condemnation shall be the same as that provided for in Section 5206 to 5235 both inclusive of the Civil Code of Georgia of 1910. Authority to acquire land on St. Simon's Island, for parks. Condemnation of property. Sec. 4. Whenever any person or persons shall become subject to the payment of a license, occupation or business tax to said municipal corporation, it shall have the right to issue execution therefor for the amount thereof as soon as the same shall become owing, which execution shall thereupon be and become a lien on all the property of the person or persons subject to the payment of such license or tax. All such executions shall be issued, directed and levied, and sales made thereunder, as in the case of tax executions issued by said municipal corporation for unpaid property taxes owing to said municipal corporation; but none of these provisions shall in any way affect the right of the municipal corporation or of its officers to prosecute any such person or persons in the recorder's court of said city for failure to comply with any ordinance regulating the payment of such license or tax. Tax executions: levy and sale Prosecution for non-payment of tax. Sec. 5. Said municipal corporation shall have the right to issue or have issued executions, and have the same levied, for taxes owing on personal property for any current year's
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taxes, at any time, when the owner of such personal property, or the person liable for the taxes thereon, has removed or is removing or is about to remove any such personal property beyond the corporate limits of said city or whenever any such owner or person liable for the payment of such taxes shall be disposing or attempting to dispose of such personal property, as in the case of a stock of goods, wares or merchandise, at an auction or cut price sale at retail; and the procedure in case of the issuance of any such execution shall be the same as in the case of the issuance, direction, and levying of other tax executions issued by said municipal corporation, and sales thereunder shall be subject to the same laws as in case of the sale of personal property under such tax executions now in effect. Tax execution against person removing personal property, or attempting to dispose of it, etc. Sec. 6. Whenever an ordinance shall be adopted by the commission of said city requiring the paving of any street, lane or alley of said city or of any part of the same, the cost of such paving shall be a lien on the property of persons abutting on such portion of the street, lane or alley as shall be required to be paved, from the date of the adoption of the ordinance, in the amount for which each portion of such abutting real property shall be liable upon the completion of such paving, when the same shall be done by said municipal corporation or by any person or persons contracting with it for the doing of such paving. Lien for paving. Sec. 7. All laws and parts of laws in conflict with any of the provisions of this Act are hereby repealed. Approved July 15, 1924. BUENA VISTA SCHOOL BOARD'S AUTHORITY TO BUY AND SELL. No. 341. An Act to amend the Act of the General Assembly of Georgia, approved September 26, 1891, providing for a public school system for Buena Vista, Georgia, by amending Section 5
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thereof, so as to give to the School Commissioner of said City of Buena Vista the authority to buy and sell and convey real estate or other property, where it shall be deemed to the best interest of the public schools of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act of the General Assembly of Georgia, approved September 26, 1891, providing for a public school system for said City of Buena Vista, Georgia, be amended by adding to Section 5 of said Act the following words: Said board shalll have the authority to buy and sell and convey real estate or other property, where it shall be deemed to the best interest of the public schools of said city; the proceeds of any sale of property to be applied for the benefit of the schools. Authority to buy and sell for benefit of schools. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. BUFORD; MAYOR'S TERM; PERMANENT REGISTRATION; SALARIES; TAX PAYMENTS, ETC. No. 311. An Act to amend an Act approved December 23, 1896, entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the Town of Buford, in the County of Gwinnett, and to establish a new charter for the same, and Acts amendatory thereof, so as to provide that the mayor of said city shall hold office two years from and after January 1, 1925, to authorize the Mayor and Council by ordinance to provide for a permanent registration list of voters for said city; to increase the salary of the Mayor and Council; to authorize the Mayor and Council to provide by ordinance for the collection of all ad valorem taxes in and
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for said city semi-annually; to provide a penalty for defaulters; to name an official organ for said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, That Section four (4) of an Act approved December 23, 1896, the same being an Act to establish a new charter for the City of Buford, in Gwinnett County, Georgia, found on pages 135 to 142, inclusive, of the Acts of the General Assembly of 1896, be amended by striking the word one in the second line of said section and inserting in lieu thereof the word two, so that said section when amended shall read as follows: Ga. L. 1896, p. 135; amendments. Sec. 4. Be it further enacted, That the mayor of said city shall hold office for two years and until his successor is elected and qualified. The councilmen shall hold office for a term of two years and until their successor is elected and qualified, provided, however, that the three persons receiving the highest number of votes cast at an election held under this Act shall hold office for the full term of two years and until their successors are elected and qualified. The three persons receiving the next highest number of votes cast at said election shall hold office for a term of one year and until their successor is elected and qualified, so that annually thereafter said first election there shall be an election for three councilmen. Mayor's term 2 years. Sec. 2. Be it further enacted, That Section nine (9) of said Act, as amended, be stricken and the following inserted in lieu thereof: Sec. 9 stricken. Substitute. Sec. 9. Be it further enacted, That the clerks shall open a list for registration of voters and shall keep a voter's book open for registration at his office at any and all times when his office is open for payment of taxes or other business, except as hereinafter provided. There shall be kept in said book a separate list of white and colored voters in which book shall be subscribed the name of the person entitled to vote in said city, his or her age, place of residence and occupation. Said clerk must not permit any one to register who is not
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entitled to do so and if he does knowingly he shall be discharged from office. The voters' book and registration list shall be closed as to the regular election for mayor and councilmen ten days prior thereto of each year and no person shall be permitted to vote at any regular election unless his or her name appears upon the registration list and voters' book. Said registration shall be permanent and all names registered as herein provided shall remain upon said list and be qualified to vote at any election so long as said voter shall not become disqualified or his or her name stricken from the registration list as hereinafter provided. It shall be the duty of the clerk to check the voters' list from time to time and upon finding the name of any voter who has become disqualified by failure to pay taxes, including street taxes, removal from the city, removal from the voters list by the registrars of the county on account of the failure to comply with the requirements of the State Laws or the Constitution, or other legal laws, he shall furnish the Mayor and Council with a list of such names and it shall be the duty of the Mayor and Council to revise the registration list and determine whether or not the name of such voter should be stricken from the list, after the clerk has given five days' notice to said voter, if a resident of said city, said notice to be either served personally by the marshal or a city policeman or by mailing the same to the best known address of the voter. At the time fixed in the notice the voter shall have the right to be heard by the Mayor and Council before any final action is taken, if he or she so desires. Before any person shall be entitled to register and vote in any election held in said city he shall be at least twenty-one (21) years of age, and shall have resided in said city continuously for a period of 6 months next preceding the date of said election, and shall have paid all taxes due the State, county and said city, including street tax, up to the year of said election, and shall otherwise be qualified and competent to vote for members of the General Assembly. The Mayor and Council shall prescribe such further rules and regulations in regard to registering and in regard to the revision of the registration list, and shall have authority they deem fit and necessary to appoint a board of registrars, fix their salary, prescribe the duties by
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ordinance, provide by ordinance the penalty for illegal voting and registering in elections held in said city. Permanent registration of voters. Closing book, etc., before election. Revision of registration lists. Notice to voter. Qualifications of voters. Registrars. Sec. 3. Be it further enacted, That Section 15 of said Act as amended by an Act approved August 17, 1917, be and the same is hereby amended by striking the words one hundred and twenty-five and inserting in lieu thereof the words two hundred and fifty, and by striking the words fifty and inserting in lieu thereof the words one hundred, so that said section when amended shall read as follows: Ga. L. 1917, p. 553; amendment. Sec. 3. Be it further enacted, That the Mayor of said city shall receive a salary of two hundred and fifty dollars per annum, but shall receive no other perquisites or other compensation for his services; and each councilman shall receive a salary of one hundred dollars per annum as full compensation for his services. Salaries of Mayor and Councilmen. Sec. 4. Be it further enacted, That Section 23 of said Act, as amended, by an Act approved August 11, 1913, be amended by adding at the end of said Section 23 of said Act as amended the following: The Mayor and Council of said city shall be and they are hereby authorized and empowered to collect the taxes of said city semi-annually at such times and under such conditions as the Mayor and Council may by ordinance provide, so that said section when amended shall read as follows: Ga. L. 1913, p. 632; amendment. Sec. 23. Be it further enacted, That the Council shall cause to be annually made up and entered on its journal an accurate estimate of all sums which are or may be chargeable upon said city and which ought to be paid within one year, and shall order a levy of such tax as may in the opinion of the Council be necessary to pay the same. The tax may be levied upon all property real and personal, within said city, upon banking, insurance capital employed therein; provided no tax shall exceed one and one-half per cent of the value thereof. The Council shall have authority to levy and collect a specific tax upon factories, bankers, agents or managers of gift enterprises, shows of all sorts and upon all persons exercising within the city any profession, trade or calling or any business
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of any nature; provided said tax is not in conflict with any law of this State. The Mayor and Council of said city shall be and they are hereby authorized and empowered to collect the taxes of said city semi-annually at such times and under such conditions as the Mayor and Council shall by ordinance provide. Semi-annual tax payments. Sec. 5. Be it further enacted, That said Act approved December 23, 1896, be amended by adding a new section to read as follows: Sec. 27. Be it further enacted, That the Mayor and Council shall have authority to designate a newspaper published in said city and having a general circulation in said city as official organ for said city in which all notices, other business, Marshals' sales, proceedings of the Mayor and Council, shall be published and all notices or other advertisements published in said paper shall be legal and binding upon all persons concerned as if the same were published in the newspaper in which the Sheriff's advertisements in and for Gwinnett County appear, except those cases in which the laws or Constitution of this State declare must be published in the newspaper in which the Sheriff's advertisements appear. Official organ for publication of notices, etc. Sec. 6. Be it further enacted, That Section 27 be renumbered as Section 28. 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 2, 1924. BULLOCHVILLE; NAME CHANGED TO CITY OF WARM SPRINGS; LIMITS EXTENDED; TAX RATE. No. 338. An Act to amend the Act approved December 20, 1893 (Acts of 1893, page 192), entitled an Act to incorporate the Town
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of Bullochville, to provide a municipal government for said town, to confer certain powers and privileges on the same, and for other purposes, and all Acts amendatory thereto, by striking from said Acts, and Acts amendatory thereto, the words, Town of Bullochville, wherever the same occur in said Acts, and substituting in lieu thereof the following words: City of Warm Springs, so as to change the corporate name from the name of Town of Bullochville to City of Warm Springs; To amend Section nine of said Act of 1893 by striking from lines two and three of said section the words one-fourth of one per cent., and substituting in lieu thereof the following words: Ten (10) mills, so as to change the rate of ad valorem tax; and to amend said Act and Acts amendatory thereof by extending the corporate limits of said city by adding additional territory so as to take in a strip of land on the west side of the present limits of the said Town of Bullochville, off of lots of land numbers 136, 137 and 138, 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 and creating the town of Bullochville; approved December 20, 1893, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. Section 1 of the Acts approved December 20, 1893, be and the same is hereby amended by striking from the second line of said section the words Town of Bullochville, and substituting in lieu thereof the words: City of Warm Springs, so that when said section is so amended it shall read as follows: Name of Bullochville changed to City of Warm Springs. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the City of Warm Springs in the County of Meriwether be and the same is hereby incorporated as a city under the name of Warm Springs. Sec. 2. Be it further enacted by the authority aforesaid, That whenever and in whatever section of the Act approved December 20, 1893, and all Acts amendatory thereof, the words
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Town of Bullochville appear, that the same be and are hereby stricken and the words, City of Warm Springs be and the same are hereby substituted in lieu of the words Town of Bullochville. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That Section IX be amended by striking from lines two and three of said section the words, one-fourth of one per cent., and substituting in lieu thereof the words five (5) mills, so that said section so amended shall read as follows: Sec. IX. Be it further enacted, That the Mayor and Council shall have power to levy a tax not to exceed five (5) mills upon all property, real or personal, subject to the State tax, within the corporate limits of said city. They shall also have power and authority to require of all persons subject to road duty, under the law of this State, to work on the streets, alleys and sidewalks of said city, but they may receive in lieu of said work such commutation fee as said Mayor and Council may prescribe, which shall be used only in working the streets, alleys and sidewalks of said city. Tax rate. Sec. 4. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the territorial limits of said city be increased and extended as follows: Beginning at the southeast corner of the present limits of the said city and running due north a distance of 65 chains; thence due west a distance of 65 chains; thence due south a distance of 65 chains; and thence due east a distance of 65 chains to a starting point. The territory thus added being off of lots of land numbers 136, 137 and 138. Corporate limits extended. Sec. 5. Be it further enacted, That all of the powers, rights and privileges, set forth in the aforesaid Act originally incorporating the Town of Bullochville are hereby preserved under the corporate name of City of Warm Springs, and all the ordinances now of effect, and the officers now holding office under the corporate name of Town of Bullochville, are hereby preserved under the corporate name of City of Warm Springs, and the authority heretofore granted the said Town of
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Bullochville is hereby extended to and relates to the territory herein added to the corporate limits of the said City of Warm Springs. Powers, officers, etc., to continue under changed corporate name. 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 6, 1924. CARTERSVILLE STREET IMPROVEMENTS. No. 273. An Act to amend an Act consolidating and superseding the several Acts incorporating the City of Cartersville, in the County of Bartow, and for other purposes, approved August 20, 1917, so as to authorize and empower the City of Cartersville, through its Board of Aldermen, to improve its streets, sidewalks, squares, and alleys by paving, repaving, macadamizing, curbing, guttering and draining, including the installation of manholes, catch-basins, and the necessary drainage pipes, and to assess the cost thereof upon the abutting property owners to be payable on a basis of ten yearly payments of ten per cent. a year, to provide for the procedure for such improvements, and for making and the collection and securing of the assessments, and to provide for the issuance of bonds therefor, to be known as Cartersville Street Improvement Bonds, and the manner of collecting and of disposing of said bonds, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act to amend the Act consolidating and superseding the several Acts incorporating the City of Cartersville, in the County of Bartow, and for other purposes, approved August 20, 1917, be and the same is hereby amended as follows: Sec. 2. That from and after the passage of this Act, the City of Cartersville, through its Board of Aldermen, shall be and
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is hereby authorized and empowered to improve its streets, sidewalks, squares, and alleys by paving, repaving, macadamizing, curbing, guttering and draining, including the installation of manholes, catch-basins, and the necessary drainage pipes, resetting of curbing, and to assess the cost thereof upon the abutting property owners in the following manner. Authority to pave streets, etc., and to assess cost. Sec. 3. That upon the written petition signed by a majority of the abutting landowners on any street, square or alley or section thereof in the City of Cartersville, requesting that said streets, square, or alley, or section or sections thereof, either exclusive of or inclusive of the sidewalks, be improved under the provisions of this Act, it shall be the duty of the Board of Aldermen of said city, within a reasonable time thereafter, to pass an ordinance providing for the improvement desired, and shall prescribe the character and manner of improvement, the type of paving (two or more types may be prescribed in the alternative), the approximate length and approximate width of the improvement to be made, the approximate dimensions of curbing, and shall provide for the number and location of manholes, catch-basins, pipes required, and in general what sewer, gas, water, or other utility connections shall be required. Provided, That a substantial compliance with this section and Section 5 shall be sufficient, and that the Board of Aldermen shall be authorized to vary from the specifications of such details in the construction of the said improvement when in their judgment it shall be necessary or of advantage to the work in hand to do so; and provided further that the terms paving and repaving as used in this Act shall be construed to mean any form of permanent street or sidewalk improvement, whether of brick, stone, concrete, gravel, asphalt, or other known and approved materials, or combinations thereof. Petition of landowners. As to Sections, see Sec. 23. Ordinance. Substantial compliance with this section and Sec. 5 sufficient. Meaning of paving. Sec. 4. That the resolution provided for in said Section 3 of this Act shall be passed in accordance with Section 34 of the Act approved August 20, 1917, consolidating and superseding the several Acts incorporating the City of Cartersville, and when a copy of said ordinance shall have been posted at some
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conspicuous place frequented by the public in the city-hall, for seven days as provided in said Section 34, and shall have been published once in the newspaper in which Sheriff's advertisements are published in Bartow County for seven days, the resolution shall become final and binding, unless, prior to the expiration of the seven-days' notice by posting in the city-hall and from the expiration of seven days from the publication of said resolution in the newspaper as provided in this section, a majority of the abutting landowners on the street, sidewalks, square, alleys or section thereof to be improved, file with the city clerk, their written protest against said ordinary, stating their objections thereto. If such protest should be filed, it shall be the duty of the clerk to transmit the same to the Board of Aldermen at their first regular meeting after receipt thereof. Provided that Section 35, Act approved August 20, 1917, shall not apply to any resolution under the provisions of this Act. Resolution. Time of posting and publishing ordinance. Objections. Proviso. Sec. 5 . That the Board of Aldermen be and are hereby authorized and empowered, without a petition therefor, as provided in Section 3 of this Act, when in their judgment it is necessary to improve any street, square, or alley, or section thereof, including or excluding the sidewalk, by paving, repaving, macadamizing or remacadamizing, or otherwise, as authorized by this Act, to pass a similar resolution as that provided for in Section 3. Authority to pave, etc., without petition. Sec. 6. That the resolution provided for in Section 5 of this Act shall be passed in accordance with Section 34 of the Act approved August 20, 1917, consolidating and superseding the several Acts incorporating the City of Cartersville, and the Board of Aldermen shall cause a copy thereof to be posted in some conspicuous place frequented by the public in the city-hall, for fifteen days, and shall have a copy published once a week for two consecutive weeks in the newspaper in which Sheriff's advertisements are published in Bartow County. Posting and publishing. Sec. 7. That on and after seven days from the day of the last publication as provided for in Section 6, and after the copy shall have been posted for fifteen days, as provided in
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said section, said resolution shall become final and binding, unless within that time a majority of the abutting landowners upon the street, square or alley or the section thereof to be improved, shall file with the clerk of the city their written protest against said improvement, stating their objections thereto. If such protest is filed, it shall be the duty of the clerk to transmit the same to the Board of Aldermen at their next regular meeting after its receipt. Objections. Sec. 8. That one or more streets, squares, alleys or sections thereof to be improved may be embraced in a single resolution providing for improvement thereof under the provisions of this Act, provided that each street, square, alley or section thereof to be improved, as the case may be, is treated as a separate unit in said resolution, but any and all protest against the improvement provided for in such resolution shall be made as to each street, square, alley or section thereof separately and must be made by a majority of the abutting landowners on the whole street, square, alley or of the sections thereof to be improved, as the case may be, taken as a unit. Resolution may include different streets; protest should be as to separate street or section. Sec. 9. When a resolution shall have been passed as provided in Section 3, or as provided in Section 5 of this Act, and shall have become final and binding as provided in Section 4, or as provided in Section 7, as the case may be, it shall be the duty of the Board of Aldermen, within a reasonable time thereafter, to pass another resolution, referring to the said prior resolution, reciting that no protest was filed thereto as provided in Section 4 or Section 7, as the case may be, wherein it shall be resolved, ordained, and ordered that said improvement shall proceed in accordance with said prior resolution, defining the street, square, alley, section or sections thereof to be improved, the extent of the improvement, the approximate length, width, and the general specifications as to the materials to be used (two or more types may be specified in the alternative), and such other details as to the board may seem best, and shall provide for the preparation of plans and specifications of the improvements to be made, and shall prescribe the time and manner of advertising for bids and the letting of contract or contracts for said improvements and
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for the furnishing of materials thereof, and shall provide for a bond with security by the contractor, payable to the City of Cartersville for a sum not less than the contract price of the improvements to be made, conditioned for the faithful and skilful performance of the contract, and may provide for bond, in an amount equal to 25% of the contract price, for the maintenance of good condition of such improvement for a period of five years from the time of the completion of the work; and may provide for the employment of an engineer to supervise and inspect the construction of the improvement, and prescribe the amount of money to be paid for such services; and in this event such amount shall be added to the assessment along with other costs of the improvement. Provided that no such contract shall be entered into until after notice has been published in a daily newspaper having a general circulation in the City of Cartersville, twice a week for two successive weeks, and in the newspaper in which Sheriff's advertisements are published in Bartow County once a week for two successive weeks, in which notice a general description of the improvements to be made shall be given, and stating the time and place wherein bids will be received, the form of bids, whether open or sealed or otherwise, and the types on which bids desired, and shall state where plans and specifications may be obtained or inspected; and it shall be the duty of the Board of Aldermen to advertise for bids for said improvement and the furnishing of the materials therefor according to the plans and specifications, after first considering and correcting and approving the specifications. After the passage of the resolution provided for in this section, all the property owners to be assessed for the cost of the improvements, or other persons interested who do not within fifteen days thereafter commence proceedings to prevent said assessment being made and enforced, shall be conclusively presumed to have accepted the terms of said ordinance. Second resolution: recitals. Provision for contractor's bond. Engineer. Notice before contract. Bids. Proceedings to prevent asssessment, time of. Sec. 10. After the Board of Aldermen shall have advertised for bids and shall have received bids as is provided for in Section 9 of this Act it shall be their duty to enter into contract with the successful bidder for the furnishing materials
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and the construction of the improvement and shall therein comply with all the requirements of this Act, provided the board shall have the right to reject any and all bids, and readvertise and let the contract as herein provided, if in their judgment none of the bids received on first advertisement are fair and-or from responsible parties. It shall be stipulated in said contract, in substance that payment is to be made solely and only from the assessment against the abutting landowners as hereinafter provided and in the manner hereinafter prescribed. Contract. Rejection of bids, readvertising. Sec. 11. As soon as practicable after contract provided for in Section 10 has been entered into, the city manager shall make or cause to be made an accurate measurement and plat of the work to be done showing the number of feet and fraction thereof of frontage thereon of each and every abutting owner, and shall file the plat, with the measurements plainly marked thereon, showing the location and measurement of each abutting landowner and of each and every street crossing and its width, and said plat shall be subject to the inspection of all person interested at all times, and any abutting landowner may, within five days from the filing of the plat, make written objections thereto, and, after the expiration of five days, if objections have been filed questioning the accuracy thereof, the board shall set a time for hearing all such objections and post written notice of the time and place of hearing in the city-hall for at least two days, and, after full hearing, shall correct the plat or approve it as they may find the facts to be. If no objections are filed as provided in this section, the plat shall be final and binding on all persons. Measurements and plat of work. Objections to plat. Sec. 12. After the plat and measurements as provided in Section 11 shall have been approved as provided in Section 11, or after five days from the filing thereof, if no objections are made as provided in said section, the Board of Aldermen shall pass a resolution assessing the entire cost of said improvement on the abutting landowners, one-half thereof to be assessed against the abutting owners on each side of the street, square, alley or section thereof to be improved; the amount of the assessment against the several owners to be in the same proportion
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that the front footage of his or her property bears to the entire front footage of the property abutting on the street, square, alley or section thereof to be improved. Sais assessment shall include all expenses incurred in complying with the provisions of this Act by the City of Cartersville incident to said improvement, including engineering, and the same shall be apportioned among the abutting landowners in the same proportion as the paving cost is apportioned. The said assessment shall be made against the several tracts or parcels of abutting land in the proportion as provided in this section, and shall be payable in ten substantially equal annual installments, and shall bear 6% interest, payable annually. The resolution shall designate the exact frontage, in feet and fraction thereof, of each and every abutting owner, of the width of each and every crossing, and shall designate the percentage of the cost of the improvement to be assessed against each and every abutting owner separately in accordance with this Act; said assessment not to include the cost of water, gas or sewer connecting where such connections are required of any abutting owner. Provided that the City of Catersville shall be treated as the owner of all street crossings for the full width of the street in each direction, and the proportionate cost of paving the crossings of any street or alley shall be borne by the city and not assessed against the landowners abutting the street or alley so improved; and provided the city may provide for the payment for the paving of the street crossings or for any other paving or improvement for which the city is liable under this Act, in the manner now authorized by law for street improvement, and may make special provisions in the contract, when the contract is let, for street improvement in compliance with this Act, for the paving and payment for such paving or improvements. Provided further that where any property abutting on any street, square or alley to be improved under authority of this Act is owned by the United States Government or the State of Georgia or other owner exempt from its operation, such property shall be excluded from the computation in arriving at the pro rata assessments against the abutting landowners on the street to be improved, and existing laws shall apply to the improvement of such area, unless such
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exempt owner, by properly authorized officers or agents, consents to bear its proportionate quota of the paving cost. Where the State is the owner of any such property, the Governor is authorized to sign any petition on behalf of the State for improvements herein provided for; where the County of Bartow is the owner of any such property, the chairman of the board as now constituted, or the Commissioner of Roads and Revenues or other officer in charge of county matters, in case of a change in the present form of county administration, shall be authorized to sign any such petition, and where the City of Cartersville is the owner of such property, the Mayor shall be so authorized. Resolution assessing cost; mode of assessment. Payable in ten annual installments; 6% interest. Street crossings. Public property Sec. 13. That the special assessment and each installment thereof and interest 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, of equal dignity and priority with taxes, and prior and superior to all other liens, and such lien 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 of warranty; Provided that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment, and no lien shall attach to any lot or tract for the assessment against any other abutting owner. Lien of assessment. Sec. 14. The Board of Aldermen shall in the resolution provided for in Section 12, or other subsequent resolution, provide for the time of the maturing of said assessments in accordance with the terms of this Act, and shall provide for the percentage of the annual payments of substantially 10% a year, but they shall have authority to make the first or last payment more or less than 10%, so that the other shall be due and payable in round numbers. Time of maturing of assessments. Sec. 15. The persons against whom assessments are made as provided in Section 12 shall have the right to pay the assessments or any portion thereof without interest at any time for 30 days after the passage of the resolution making
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the assessment, and shall have the right thereof, and until the bonds issued against said assessment, hereinafter provided for, shall have been sold, to pay the assessment or part thereof with accrued interest. Payment in 30 days after resolution. Sec. 16. As soon as practicable after the expiration of 30 days from the passage of the resolution provided for in Section 12, the Board of Aldermen shall, by resolution, provide for the issuance of bonds in the aggregate amount of the assessments remaining unpaid, bearing date thirty days after the date of the resolution making the assessment, and of convenient denominations to be determined by the board, bearing interest at the rate of 6% payable annually, said bonds to be payable in ten installments so arranged that the maturities and amounts thereof will correspond with the maturities and amounts of the assessments, provided that in order to adjust the aggregate amount of bonds issued against any assessments, credit or credits may be entered on one or more bonds, to make the amount of the bonds correspond with the amount of the assessment in any given case. The bonds shall be signed in the name of the City of Cartersville, by the Mayor, and the seal of the city attached, and shall be payable to the bearer, and shall be payable solely from the assessments levied upon the lots and tracts of land of the several landowners abutting the street, square, or alley or section thereof for the improvement of which said assessment was made. Said bonds shall be known as Cartersville Street Improvement Bonds, and shall be payable by the person against whom the assessment is made (except where the property shall have been sold and the purchaser has assumed payment of the bonds as hereinafter provided; in such cases the assessment is payable by the person owning the land as the several installments fall due), and shall contain descriptive words identifying the property by which they are secured, with the name of the owner of the property at the time the assessment is made. Said bonds shall not be or become a liability of the City of Cartersville or of the Board of Aldermen, but shall be payable solely from the assessment against which they are issued, under authority of this Act. Bond issue. Payable in ten installments. Payable solely from assessments; must identify property and name owner.
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Sec. 16. Said bonds shall be registered by the Clerk of the City of Cartersville in a book to be kept for that purpose, and certificate of registration endorsed by the clerk on each of said bonds. Registration of bonds. Sec. 17. Said bonds shall be sold on best terms possible, and may be sold and delivered to the contractor in payment of the amount due him on his contract, and it may so stipulate in entering into the contract. Sale of bonds. Sec. 18. The assessments provided for and levied under the provisions of this Act shall be payable by the person liable therefor under the provisions of this Act, together with the interest thereon, to the City Clerk of Cartersville, who shall give proper receipts for all such payments. It shall be the duty of the clerk to keep an accurate separate account of all such collections in a permanent book showing the separate amount, the date, and by whom and on what account paid, the funds to be deposited and used solely for the payment of said assessments and bonds and the expenses incurred by the City of Cartersville in complying with the provisions of this Act incident to said improvement. Provided, that after the bonds shall have been sold, the amount due thereon shall be payable to the holder or to the city clerk as the holder may direct, and provided further that no bond, after its maturity and after the amount thereof shall have been paid to the city clerk as herein provided, shall bear further interest. It shall be the duty of the city clerk to give notice in the newspaper in which Sheriff's advertisements are published, in the two issues next preceding the maturing date of each series of bonds, notifying all persons concerned of the date of the maturity and specify the particular improvements for which the assessment was made. Failure to comply with this provision shall not affect the validity of the said bonds or the assessments. It shall be the duty of the Clerk of the City of Cartersville, promptly after the maturity of any bond or installment of interest remaining unpaid, to issue an execution direct, as other city executions are directed, against the person liable for the same under the provisions of this Act, on the date of execution, for the amount of the past-due installment
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or interest, or both, as the case may be, and shall make record thereof on the docket hereinafter provided for, and shall turn the same over to the city marshal, whose duty it is to make levy and sale under other executions issued by the city clerk; and it shall be the duty of the marshal to levy the same upon the property therein described and proceed to advertise and sell the same in the same manner and under the same rules and regulations as sales of real property are made under other executions in the City of Cartersville; and the proceeds shall be applied first to payment of costs and expenses of the advertisement and sale; second to the payment of the execution, and third the payment of the balance as the law directs. Such sale shall vest the absolute title in the purchaser subject to the remaining unpaid installments of principal and interest, and also subject to the right of redemption as provided in Sections 880, 1169, 1170, 1171, and 1172 of the Code of Georgia of 1910. The defendant in said execution shall have the right to file an affidavit of illegality 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 before the affidavit shall be received, and the affidavit received for the balance. All such affidavits shall set out distinctly the reasons why affiant claims the amount is not due, and when received by the levying officer it shall be his duty to return the same to the City Court of Cartersville, there to be tried and determined as other cases of illegality are tried and determined, subject to all the pains and penalties provided for in cases of illegality for delay under the Code of Georgia. To whom payable. Proviso. Notice of maturity. Execution. Levy and sale. Title of purchaser. Redemption. Affidavit of illegality. Sec. 19. It shall be the duty of the Board of Aldermen of the City of Cartersville to provide the city clerk with a permanent execution docket in which all executions issued under authority of this Act shall be recorded, properly indexed in the name of the defendant and showing the date and amount of the execution, with brief description of the lot or tract of land against which it is issued, with marginal or other space sufficient to enter a cancellation or other explanatory matter. When said execution shall have been fully paid the clerk shall
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endorse the fact on the face of the record and mark it cancelled, and such cancellation shall be full and complete extinguishment of the lien of the execution and shall impart notice thereof. Execution docket. Sec. 20. In the conveyance or transfer of any property against which an assessment has been made under authority of this Act, the purchaser of said property may assume payment of the balance due on such assessment, and in this case, where the deed of conveyance so stipulates and is duly recorded, or written notice filed with the city clerk, the lien shall be released as against the person selling and attach to the purchaser. Assumption of liability by purchaser. Sec. 21. Upon payment in full of any assessment made against any property under authority of this Act, or of the bonds issued against said assessment, and the production of said bonds to the city clerk, marked paid, it shall be the duty of said clerk to issue certificate of payment, in which the property, with the name of the owner at the time of the assessment, shall be identified, signed by the clerk with the city corporate seal attached. When such a certificate is presented to the clerk of the Superior Court of Bartow County the same shall be filed, indexed and recorded as deeds are filed, indexed and recorded, and shall constitute a full extinguishment of the lien against said property, and shall impart notice thereof. Certificate of payment: recording. Sec. 22. In event any property against which an assessment has been made under authority of this Act, is sold under and by virtue of any tax execution while any portion of said assessment remains unpaid, title shall pass to the purchaser, subject to the right of redemption as provided in Sections 880, 1169, 1170, 1171 and 1172 of the Code of Georgia, and subject further to the lien for the portion of said assessment remaining unpaid, provided that the purchaser, where the property is not redeemed as provided by law, may assume and pay the assessment or the bonds issued against the same; and in this case the absolute title shall vest in such purchaser. Title of purchaser. Sec. 23. It shall be the duty of the Board of Aldermen, upon the passage of this Act, to have the streets, squares, and
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alleys of the City of Cartersville divided and arranged in sections, grouping such portions thereof together as to make convenient and suitable units for improvement under the provisions of this Act, the object being to avoid piecemeal paving of disconnected or unrelated portions of the streets, sidewalks, square or alleys, and to insure an intelligent and uniform system of public improvement. A plat showing the divisions into sections shall be made and kept on file at the city-hall in custody of the clerk at all times and subject to inspection of all persons interested; the several sections shall be numbered or otherwise designated, and the Board of Aldermen shall have authority to revise the plat from time to time as they may think best, provided that no revision shall be made pending any improvement project under the provisions of this Act. The sections provided for in this section are the sections referred to in Section 3 and elsewhere in this Act. Division of streets, etc., into sections for improvement. Plat. Sec. 24. No. street, sidewalk, square or alley, or section thereof, shall be repaved or reimproved under the provisions of this Act except in cases where the paving or improvement previously made is worn out to such an extent that in the reasonable judgment of the Board of Aldermen it is necessary to repave or otherwise reimprove said street, square or alley or section thereof for the good of the public. Repaving. Sec. 25. In all cases where the proposed improvement is to include the sidewalks, all bids for the sidewalk improvement shall be separate from bids for the street improvement, and contract thereof for shall be separate from the contract for the street improvement, except it shall be permissible for the street pavement and the sidewalk pavement to be provided for in one and the same contract, providing the price of each is kept separate and distinct; and in all such cases the cost of the sidewalk shall be assessed against the several abutting landowners in the proportion that each owner's front footage bears to the whole front footage of sidewalks constructed. Sidewalks. Sec. 26. Where a certain number of days are prescribed in this Act for publishing or posting any notice or for the doing of other things, Sundays and legal holidays shall not be counted. Computation of time.
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Sec. 27. This Act is cumulative, and shall not be construed as repealing or modifying the existing laws of force in the City of Cartersville with reference to paving or otherwise improving the streets, sidewalks, alleys or squares in said city. This Act cumulative. Sec. 28. The Board of Aldermen shall be and are hereby authorized and empowered to pass any and all resolutions and ordinances and to do all things not inconsistent with this Act, or with the existing laws, as may be in their judgment appropriate to the carrying out of the provisions of this Act. Authority to pass resolutions, etc. Sec. 29. This Act shall not be rendered void by the unconstitutionality or invalidity of one or more nonessential provisions thereof. Void part of Act; effect. Sec. 30. All resolutions, ordinances or orders passed by the Board of Aldermen in connection with each and every paving or improvement project under the provisions of this Act, after the same shall have been finally passed, and all such notices posted or published after the publication or posting shall have continued for the prescribed length of time, shall be placed upon the minutes of the City of Cartersville by the city clerk, and when so recorded, a copy thereof certified by the clerk, under the corporate seal of the city, as a true transcript of the record, shall be prima facie evidence of the proper passage of the resolution, ordinances, or order, and of the proper posting and publication of such notices. Recording on minutes; certified copy as evidence. Sec. 31. All laws and parts of laws in conflict with this Act are hereby repealed. Approved July 18, 1924. CEDARTOWN MAYOR AND ALDERMEN ELIGIBLE FOR RE-ELECTION, NOT THIRD TERM. No. 387. An Act to amend an Act approved December 13, 1898, amending, consolidating and superseding the several Acts incorporating the City of Cedartown in the County of Polk,
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providing a new charter for the same, and for other purposes, by repealing and striking from Section 2 of said Act, as amended by an Act approved December 6, 1902, the words No Mayor or Alderman hereafter elected shall be eligible to succeed himself, so as to permit such officials to be eligible for re-election, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That the charter of the City of Cedartown, set forth in Act approved December 13, 1898, amending, consolidating, and superseding the several Acts incorporating the City of Cedartown in the County of Polk, providing a new charter for the same, and for other purposes, be and the same is hereby amended by repealing and striking from Section 2 of said Act, as amended by an Act approved December 6, 1902, the words No Mayor or Alderman hereafter elected shall be eligible to succeed himself, and by inserting in lieu of said clause so stricken the following words: The Mayor and Aldermen of said City of Cedartown shall be eligible for re-election to a second term, but shall not be eligible to re-election after the expiration of a second term to another term of office immediately following said second term, so that the mayor and aldermen shall be eligible to re-election to a second term of office, but shall not be permitted to succeed himself for a third consecutive term of office immediately following the expiration of a second term. Amendment. Limit of two terms. 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, 1924. CEDARTOWN STREET IMPROVEMENTS. No. 385. An Act to amend an Act approved December 13, 1898, amending, consolidating and superseding the several Acts incorporating
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the City of Cedartown in the County of Polk, providing a new charter for the same, and the several Acts amendatory thereof, so as to authorize and empower the City of Cedartown, by its Mayor and Council, to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other public places in the City of Cedartown, 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 or partially by the abutting and adjacent property owners on the basis of 10 per cent. yearly for ten years; to provide for the issuance of bonds by the City of Cedartown by its Mayor and Council 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 Cedartown, and particularly the Act of the General Assembly approved December 13, 1898, amending, consolidating and superseding the several Acts incorporating the City of Cedartown in the County of Polk, providing a new charter for the same, and the several Acts amendatory thereof, are hereby amended as follows: Acts amended. Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That said City of Cedartown, by its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other public places in the City of Cedartown, 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. Authority to pave. etc.
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Sec. 3. Be it further enacted by the authority aforesaid, That whenever the said City of Cedartown, by its Mayor and Council, shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane, sidewalk or any part thereof within the limits of the City of Cedartown, said City of Cedartown, by its Mayor, shall by resolution 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 newspaper having a general circulation in the City of Cedartown, 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, sidewalk or highway, shall not within fifteen days after the last publication of such resolution or ordinance file with the clerk of said City of Cedartown their protest in writing against such improvement, then the said City of Cedartown, by its Mayor and Council, shall have the 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, sidewalks 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 highway separately, except when treated as one project, as hereinafter provided. Provided, however, That if the owners of the entire linear frontage of land abutting any proposed improvement of any street or part of street, alley, lane or avenue, sidewalk or other public place described in such petition, shall petition the City of Cedartown, or its Mayor and Council, for such improvement of any street, alley, lane or avenue, sidewalk or other public place, setting forth the character of the improvement desired, the width of the same and materials preferred by petitioners for such improvement, and express a willingness to pay the entire cost of such improvement, it shall thereupon be the duty of said City of Cedartown, by its Mayor and Council, to promptly cause said improvement to be made in accordance with the prayer of said petition, and in such cases the resolution or ordinance hereinbefore mentioned shall not be required. Provided, however, That where
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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, ordinances or petition of property owners or protest by property owners or other proceedings. Resolution for paving, etc.: publication. Time for protest. Petition for improvement. Proviso. Sec. 4. Be it further enacted by the authority aforesaid, That whenever it shall be determined under the provisions of the foregoing sections that any street, avenue, lane or alley within the corporate limits of the City of Cedartown, shall be paved, macadamized or otherwise improved as herein provided, then the total cost of said paving or improvement to be apportioned shall include the grading, excavating, engineering and 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 Cedartown will be liable for one-third of said total cost and abutting property owners along both sides of such paved or macadamized street, avenue, lane or alley shall be liable for the other two-thirds of said total cost of paving or macadamizing; and each abutting property owner, along said paved street, lane, avenue or alley, shall be liable for his pro rata share of said two-thirds of the total cost of paving or macadamizing, which pro rata share shall be calculated in accordance with the ratio which his abutting property front footage along both sides of said paved street, avenue, lane or alley. Provided, however, that where sidewalks are paved under authority and provisions of this Act, or under other provisions of the city charter or amendments thereto, or ordinances adopted in pursuance thereof, the Mayor and Council has the right to assess and collect from abutting property owners the entire cost of such improvement adjacent to and abutting said property. Provided, further, that the Mayor and Council may assess and collect from the abutting property owners such proportionate part of the cost of curb and gutter adjacent to their property as said Mayor and Council may fix and determine. What included in cost. City to bear third of cost. Proviso as to sidewalks, etc. Sec. 5. Be it further enacted by the authority aforesaid, That whenever the petition provided for in Section 5 of this
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Act is presented or when the City of Cedartown, by its Mayor and Council, shall have determined to pave or improve any street, avenue, lane, alley or other public place, and shall have passed the resolution or ordinance provided for in Section 3 of the Act, the said City of Cedartown, 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 their proportionate part of the entire cost of such improvement, that is two-thirds of the entire cost as prescribed and set forth in this Act, and to cause to be put in and constructed all necessary water or sewer pipes in and underneath the streets, avenues, lanes, alleys and other public places where such improvements are to be made, as may be deemed proper and necessary by said Mayor and Council, and two-thirds of the total cost of such water or sewer pipe and necessary connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvements, the Mayor and Council having the power, authority and discretion to include the cost of such water or sewer pipe and connections, and cost of construction, in the general assessment under same rules and regulations as to cost of pavement as herein set forth. Ordinances. 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 upon receipt of the petition for such improvement signed by vhe abutting property owners as specified in this Act, if such petition shall be found to be in proper form and properly executed, the said City of Cedartown, by its Mayor and Council, shall adopt a resolution reciting that no such protest has been filed, or the filing of such a petition as the case may be, and expressing the determination of said city, by its Mayor and Council, 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
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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 Cedartown, by its Mayor and Council, shall deem proper to impose with reference to letting the contract and provisions therefor, and the said Mayor and Council shall by said resolutions provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the 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 the Mayor and Council 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 kind of improvement proposed, what if any bond or bonds will be required to be executed by the contractor aforesaid and shall state the time when and place where such sealed proposals shall be filed and when and where the same will be considered by the City of Cedartown, by its Mayor and Council. Said notice shall be published once a week for two consecutive weeks in a newspaper having a general circulation in the City of Cedartown. At the time and place specified in such notice the City of Cedartown, 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 said City of Cedartown as prescribed in such resolution and notice for proposals, and the said city, by its Mayor and Council, 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. Objections. Resolution; recitals. Contractor's bond. Bids. Notice. Rejection of bids, readvertising.
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Sec. 7. Be it further enacted by the authority aforesaid, 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 Cedartown, 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, alley, 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 be made concerning the said appraisement, apportionment and assessment as to any such lots or tracts of land abutting on said improvements, and notice of such session for the hearing shall be published by the clerk of said city at least once a week for two consecutive weeks in a 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 person 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 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
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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 Polk 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 Polk and the City of Cedartown. Board of appraisers. Apportionment of expense. Objections. Notice. Payment in ten annual installments: interest 7%. Recording. Lien of assessment. Sec. 8. Be it further enacted by the authority aforesaid, That the first installments of said assessments, together with interest to that date upon the whole shall be due and payable on the first day of November 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 November in each succeeding year until all shall be paid; Provided, that if such assessing ordinance shall be passed after the first day of October in each year, the first installment of such assessment and interest shall be due and payable on November first of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments 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 City Clerk of the City of Cedartown and relieve their property from the lien of said assessments, which money so paid to the city clerk shall be disbursed pro rata between the contractor and the city in proportion to their respective interests. Time of paving first installment. Privilege of paving in 30 days, without interest. Sec. 9. Be it further enacted by the authority aforesaid, That such special assessment and each installment therefor and 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
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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 shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant of warranty. Date of lien Unmatured installments not within general covenant of warranty. Sec. 10. Be it further enacted by the authority aforesaid, That the said City of Cedartown, 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 assessments 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 Cedartown, by its Mayor and Council, shall determine, which bond or bonds shall in no event become a liability of the City of Cedartown, or its Mayor and Council issuing same. One-tenth in amount of any such series of bonds with the interest upon the whole series to that date shall be payable on the 15th day of November 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 November 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 place 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 bonds shall be signed by the City of Cedartown, by its Mayor, and attested by the clerk, 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
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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 the 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 city clerk in a book to be provided for that purpose and certificates of registration by the clerk of said city shall be endorsed upon each of said bonds. Bond issue, payable from assessments. Bonds payable when. Recitals in bond. Not to be sold below par. Registrat on of bonds. 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 city clerk of the City of Cedartown, who shall give proper receipt for such payment. It shall be the duty of the city clerk to keep an accurate account of all such collections by him made and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest and for no other purpose. It shall be the duty of the city clerk not less than thirty days and not more than forty days before the maturity of any installment of such assessments to publish in a newspaper having a general circulation in said city, once a week for two consecutive weeks, a notice addressed generally to the property owners on the streets, avenues, alleys or highways whereon said improvements were made advising the owners of the property affected by the assessments of 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 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 city clerk, promptly at the date of the maturity of any such installment or assessment and interest, and on or before the 15th day of November of each year, in case of default
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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 Cedartown, 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 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 City Court of Polk 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 City Court of Polk Couty to give preference to the trial of these cases over all other cases pending in said court. The failure of the said city clerk 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. Bonds payable to city clerk. Notice of maturity. Execution. Levy and sale. Affidavit of llegality. Failure to publish notice. 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 Cedartown or its Mayor and Council from making 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
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reason, other than the failure of the City of Cedartown, 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 report 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 whatsover, 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. Time for suit to enjoin or set aside assessment, etc. New assessment. Sec. 13. Be it further enacted by the authority aforesaid, That in all cases where the City of Cedartown, by its Mayor and Council, shall deem it necessary to repave, redrain, remacadamize or otherwise improve any street, alley, avenue, lane, sidewalk 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 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 and Council of said city the pavement is worn out and no longer serviceable. Repaving. Sec. 14. Be it further enacted by the authority aforesaid, That in computing time as to the publication of notices in a newspaper, as required by this Act, the time shall be the number of days therein specified exclusive of all Sundays and legal holidays. Computation of time. 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 Cedartown, as herein set forth, 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 street, avenue, alley, lane or other
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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 purpose of assessment; and where the State is the owner the Governor is authorized to sign any petition provided for in this Act, and where the county is the owner the chairman of the Board of Roads and Revenues for Polk County is authorized to sign in behalf of the county, and where the City of Cedartown is authorized to sign for the City of Cedartown. Public property. Sec. 16. Be it further enacted by the authority aforesaid, That it is not the intention of this Act to repeal any present or existing laws for the pavement or improvement of the streets and sidewalks of the City of Cedartown, but it is intended that this Act to be cumulative as to all such improvements in said city. It is the intention to preserve all rights and privileges heretofore granted to the Mayor and Council in the charter of the City of Cedartown, and the amendments thereto, and to grant in addition thereto the rights and authority contained and set forth in this Act, and the City of Cedartown, by its Mayor and Council, is authorized to exercise the rights, privileges and authority heretofore granted and contained and set forth in the charter of the City of Cedartown and amendments thereto. This Act cumulative. Sec. 17. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting herewith be and same are hereby repealed. Approved August 8, 1924. CLAYTON SCHOOL SYSTEM; LAW REPEALED. No. 506. An Act to amend An Act to incorporate the City of Clayton, in Rabun County; to provide for the election or appointment of a mayor and council thereof; to provide for the municipal government of said city; to provide for the levying
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and collecting of taxes for the maintenance thereof; to provide for a public school system therein; to provide for a City Board of Education to carry into effect said school system; to provide for the payment directly to said City Board of Education the amount due pro rata by the State as school funds to said city as per population thereof; to provide for the payment to the City Board of Education by the County School Commissioner of Rabun County for the attendance of any pupils of the county entitled to school funds who attend said city schools during the public term thereof; to provide for a charge of tuition for all persons attending said city schools not entitled to public school funds; to provide for tuition for pupils of school age who are pursuing other branches than those taught in the common schools of the State; to provide for bonds and voting in thereof for the purchase of school property and for the erection of one or more school buildings in said city; to provide for the levying and collecting of taxes to maintain said school system; to provide for bonds for the installation of water works and electric lights in said city, and the voting in thereof; to prescribe and define the corporate limits of said city and the fire limits thereof; to provide for building permits and sanitary regulations in said city; to provide for city tax assessors, and the assessing of property for taxation within said city; to provide for the rate of taxation on all property in said city; to provide for occupation or business license tax; to provide for a mayor's or recorder's court for the trial of offenses committed within said city and against the laws of the same; to provide for the binding over of criminals to the Superior Court of Rabun County; to provide for the appointment of a recorder for said city and defining his duties; to provide for a city chain-gang; to provide for the laying out, building and maintaining streets, roads and alleys in said city; to provide for the compensation of officers and employees of said city; to provide for the condemnation of private property for public purposes for any and all kinds; to provide for any and all matters of municipal concern and cognizance, and for other purposes, approved August 17, 1909,
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by repealing or striking from said named Act all of Sections 67 to 80, inclusive; the purpose of this Act being to repeal all of said Act providing for the creation of a Public School System for said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled An Act to incorporate the City of Clayton, in Rabun County; to provide for the election or appointment of a mayor and council thereof; to provide for the municipal government for said city; to provide for the levying and collecting of taxes for the maintenance thereof; to provide for a public school system therein; to provide for a City Board of Education to carry into effect said school system; to provide for the payment directly to said City Board of Education the amount due prorata by the State as school funds to said city as per population thereof; to provide for the payment to the City Board of Education by the County School Commissioner of Rabun County for the attendance of any pupils of the county entitled to school funds who attend said city schools during the public term thereof; to provide for a charge of tuition for all persons attending said city schools not entitled to public school funds; to provide for tuition for pupils of school age who are pursuing other branches than those taught in the common schools of the State; to provide for bonds and voting in thereof for the purchase of school property and for the erecof one or more school buildings in said city; to provide for the levying and collection of taxes to maintain said school system; to provide for bonds for the installation of water works and electric lights in said city, and the voting in thereof; to prescribe and define the corporate limits of said city and the fire limits thereof; to provide for building permits and sanitary regulations in said city; to provide for city tax assessors, and the assessing of property for taxation within said city; to provide for the rate of taxation on all property in said city; to provide for occupation or business license tax; to provide for a mayor's or recorder's court for the trial of offenses committed within said city and against the laws of the
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same; to provide for the binding over of criminals to the Superior Court of Rabun County; to provide for the appointment of a recorder for said city and defining his duties; to provide for a city chain-gang; to provide for the laying out, building and maintaining streets, roads and alleys in said city; to provide for the compensation of officers and employees of said city; to provide for the condemnation of private property for public purposes for any and all kinds; to provide for any and all matters of municipal concern and cognizance, and for other purposes, approved August 17, 1909, be and the same is hereby amended by striking from said Act all of Sections 67 to 80, inclusive, so that that part of said named Act creating the public school system for the City of Clayton, Georgia, be, and the same is, hereby repealed, the purpose and intent of this Act being to repeal said Public School System of said city as set forth in said named sections of said named Act. Provided that the Board of Education of said city shall remain in power until relieved by the mayor and council or other governing authority of said city, for the purpose of conducting and concluding all litigation for and against said board, and collecting and paying out all debts due to and from said board, and to discharge all other obligations and duties to and against said board growing out of its corporate existence; and provided further that this Act shall not go into effect until January 1, 1925. Act amended. Sections 67-80 stricken. School system abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 18, 1924. COLLEGE PARK CORPORATE LIMITS EXTENDED. No. 419. 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
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city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, by extending the limits of said city so as to annex and include the following territory, to-wit: The west half of land lot number six (6) in the thirteenth (13th) district of Clayton County, Georgia; also all that tract of land lying and being in land lot number twenty-seven (27) in the thirteenth (13th) district of Clayton County, Georgia, and more particularly described as follows: Beginning at the northwest corner of said land lot and running thence southerly along the west line of said land lot nine hundred thirty-eight (938) feet to the south side of Gaines Street or road; thence easterly along the southerly side of said Gaines Street or road two thousand five hundred and eighty (2580) feet to the east side of Riverdale Road; thence along the easterly side of said Riverdale Road north twenty-two and one-half (22) degrees west three hundred (300) feet, and thence north four and three-fourths (4[UNK]) degrees west seven hundred and thirty-two (732) feet to the present limits of the City of College Park on the south line of the east half of land lot number six (6) in the thirteenth (13th) district of formerly Clayton County, now Fulton County, Georgia; and running thence west along the present city limits and on said land lot line, and along the south line of the west half of land lot number six (6) in the thirteenth (13th) district of Clayton County, Georgia, being annexed by this Act, to the northwest corner of said land lot number twenty-seven (27) in the thirteenth (13th) district of Clayton County, Georgia, the point of beginning; to extend the jurisdiction of the Mayor and Council of the City of College Park over said annexed territory; to make its ordinances binding upon persons and properties therein; to authorize and empower the Mayor and Council of said city to include all or any part of said annexed territory, in their discretion, in one or more of the wards of the city, or to create one or more wards out of said annexed territory, and to provide for representation from such ward or wards on the council of said city; to pass such ordinances as may be advisable in readjusting said territory with the rest of said city, and to
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make same subject to the laws, liabilities, rights, and privileges appertaining to the entire City of College Park, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the 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; to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County; to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes, approved December 16, 1895, and all amendments thereto, be and the same are hereby amended, as follows: Section 1. That the limits of the Mayor and Council of the City of College Park, a municipal corporation of Fulton County, Georgia, be and the same are hereby extended beyond its present boundaries as now defined so as to include the following territory, to-wit: The west half of land lot number six (6) in the thirteenth (13th) district of Clayton County, Georgia, also all that tract of land lying and being in land lot number twenty-seven (27) in the thirteenth (13th) district of Clayton County, Georgia, and more particularly described as follows: Beginning at the northwest corner of said land lot and running thence southerly along the west line of said land lot nine hundred thirty-eight (938) feet to the south side of Gaines Street or road; thence easterly along the southerly side of said Gaines Street or road two thousand five hundred and eighty (2580) feet to the east side of Riverdale Road; thence along the easterly side of said Riverdale Road north twenty-two and one-half (22) degrees west three hundred (300) feet, and thence north four and three-fourth (4[UNK]) degrees west seven hundred and thirty-two (732) feet to the present limits of the City of College Park on the south line of the east half of land lot number six (6) in the thirteenth (13th) district of formerly Clayton, now Fulton County, Georgia, and running thence west along the present city limits and
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on said land lot line, and along the south line of the west half of land lot number six (6) in the thirteenth (13th) district of Clayton County, Georgia, being annexed by this Act to the northwest corner of said land lot number twenty-seven (27), in the thirteenth (13th) district of Clayton County, Georgia, the point of beginning. Territory included. Sec. 2. The jurisdiction of the Mayor and Council of the City of College Park, the municipal corporation aforesaid, is hereby extended over all the territory included within the boundaries above described, and the power and authority of said municipality, under its present charter and ordinances, and all laws appertaining to said 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 said municipality, and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said municipality, are made coextensive with the limits thereof, as extended by this Act. 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 said municipality, are extended to all the limits included under the terms of this Act. Said new territory is likewise made subject to all the bonds heretofore issued by the Mayor and Council of the City of College Park, and is bound for the payment of bonds equally with the former territory of said municipality. New Territory subject to laws and bonded debt of city. Sec. 3. That the Mayor and Council of said City of College Park are hereby authorized and empowered, in their discretion, to include all or any part of said annexed territory in one or more of the wards of said city as at present constituted, or to create one or more wards out of said annexed territory, and to provide for representation from such new ward or wards on the council of said city, and to pass such ordinances as may be advisable in readjusting said territory with the rest of said city. New wards.
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Sec. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924. COLLEGE PARK; PERMANENT REGISTRATION; TAX INSTALLMENTS; SANITARY TAX; BOND COMMISSION; SCHOOL GRADES WITHOUT TUITION; SIDEWALKS; REFERENDUMS. No. 316. 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 system of permanent 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; for the qualification of voters and the form of oath to be taken and signed by voters and the effect of signing same; for the preparation and purging of registration lists; for the use of voters' certificates; also so as to provide for the maturity of taxes and the payment thereof in installments; also so as to provide for the assessment, levy and collection of a sanitary tax; also so as to provide for the creation of a bond commission, and to define its powers and duties; also so as to provide that the Board of Education of said city may provide high school grades; without tuition; also so as to provide for the grading and paving of sidewalks in said city and the request by property owners therefor; also so as to provide for the holding of referendum elections in said city; 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,
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as contained in 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, to prescribe its limits, extending them so as to take in a strip of land in Clayton County; to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes, approved December 16, 1895, and all amendments thereto, be and the same are, hereby amended as follows: Section 1. That Section fifteen (a) 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, 644 and 645), which Section fifteen (a) relates to registration of voters and form of voter's oath; and Sections Fifteen (b) and Fifteen (d) set forth under Section Eight of the Act amending the charter of the City of College Park, approved August 18, 1923 (Georgia Laws 1923, pages 554 to 558), which Sections Fifteen (b) and Fifteen (d) also relate to the qualifications and registration of voters, the preparation and purging of registration lists, and the use of voters' certificates, be and the same are hereby stricken and repealed, and the following sections, similarly numbered are hereby inserted and enacted in lieu thereof, to-wit: Acts amended. Sec. Fifteen (a). Be it further enacted by the authority aforesaid, That immediately after the passage and approval of this Act, the Mayor and Council of said city shall provide, and the City clerk of said city, who shall be the registrar of the voters thereof, shall open and keep open, as hereinafter provided, a book or books, to be designated `Voters' Book,' for the permanent registration of the qualified voters of said city for any and all elections of every kind and character and for whatever purpose held in said city; it being the intent and purpose of this Act to provide for a single, permanent, general registration of the qualified voters of said city, under general rules, for use in any and all municipal elections of every kind and character and for whatever purpose held in said city. Said book or books shall consist of a book or books made up of separate printed oaths, in form and language substantially as
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hereinafter set out, securely bound together; and said Mayor and Council may, in their discretion, provide for a separate book or books for each of the wards of said city. The oath above mentioned shall be in form and language substantially as follows, to-wit: Permanent registration. Form of books. Oath. OATH OF VOTER.
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The Mayor and Council may, if desired, add to the form of oath above set forth the name of ward for which it is to be used. Any and all persons who, prior to the passage and approval of this Act, have already, during the year 1924, registered to vote under the charter provisions of said city which are repealed by this Act, and who are otherwise qualified to do so, shall be permitted to vote in any and all elections held in said city for the year 1924, but not thereafter, without registration in the permanent Voters' Book provided for in this section of this Act. Sec. Fifteen (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 cityhall 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, 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 name 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 is a citizen of the United States, twenty-one years old or upwards, or will be at the date of the election in which he desires to vote; who has resided in the State of Georgia for one year and in the County of Fulton for six months and in the City of College Park for thirty days immediately prior to registration, or will have so resided at the date of the election in which he desires to vote; who has paid all taxes, State, county and municipal, which have been required of him since the adoption of the Constitution of the State of Georgia of 1877, that he has had an opportunity of paying agreeably to law, except taxes for the current year; who possesses the
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qualifications of an elector required by Paragraph 4, Section 1, Article 2 of the Constitution of the State of Georgia, and is not laboring under any of the disabilities named in said article, and who is not disfranchised from voting by reason of any offense committed against the laws of said State, may on application in person and not by proxy, to the city clerk, or any assistant registrar, register as such voter, by reading said oath, or having the same read to him or her, and subscribing the same by signing his or her name thereto at the place for signature thereon, in said Voters' Book, an entry or memorandum of ward, street address, age and occupation being first made by the officers 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 shall 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. 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 cannot sign his or her name, said officer shall sign it for him or her, the applicant making his or her mark thereto. The signature made by a person to said Book shall be prima facie evidence that the person so signing swears, or affirms, the truth of every material fact set forth in said oath, and of the written memoranda or entries therein contained. For the purpose of more easily identifying the voter, the officer in charge of the Voters' Book shall note thereon, in connection with each signature, the race and sex of the person signing, that is to say, whether white or colored, male or female, and this may be done by striking the printed words at the bottom of said oath designating the race and sex which are inapplicable to the voter, or by checking the words applicable to the voter. Electors who are qualified and register in the permanent Voters' Book, as aforesaid, shall not thereafter
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be required to register for future elections, unless their names have been stricken and removed therefrom for disqualification as hereinafter provided in Section Fifteen (d) of this Act. Registrar. Qualifications of voters. Administration of oath, etc. Sec. Fifteen (d). Be it further enacted by the authority aforesaid, That prior to each election of any kind or character, or for whatever purpose, to be held in said city, the city clerk shall make out three copies of a list or lists, in alphabetical order and according to wards, of all persons who, up to and including the tenth day prior to the date of such election, have registered in the Voters' Book, 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 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 any 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 herein above provided for, shall be eligible to membership on said board, but any member of Council may be appointed as a member thereof. It shall be the duty of said Board of Registrars to receive, examine and purge said lists of registered voters so furnished them, as aforesaid, by striking and removing therefrom, before the day of election, the names of all person who have died, or who have removed from the city, or who have not paid all taxes, State, county and municipal, except taxes for the current year; and also the names of all persons who may be, or may have become, disqualified for any other reason to vote in the election prior to which such lists are furnished as aforesaid, including any person who will be under the age of twenty-one years or who will not have resided in the State, county and city for the requisite periods, on the day of such election. In purging said lists said board shall act upon the best evidence or information obtainable within the time available therefor. Said Board of Registrars shall furnish to the city clerk a list
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or lists of the names so purged, stricken and removed by them, and said city clerk shall strike and mark said names from the Voters' Book, and a registrant so stricken and marked from said Book shall not be entitled to vote in any election in the city until such registrant 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 that fact, by mailing written notice thereof to such person at the address appearing on the Voters' Book or oaths signed by such person, or by having the same personally served upon such person, or left at his place of residence; 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 notice thereof in either of the methods above stated. Said notice, however, may be waived by such person, and, in case of waiver, hearing afforded by said board, without notice, in its discretions. 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 oath therein. With respect to any person whose name has been purged, stricken and removed by said board at such time before the day of election that sufficient opportunity may not be afforded for notice, and hearing of any complaint prior to the day of such election as herein provided, said board shall give such notice as is reasonably possible, and hear such complaint on the day of the election, and if said board finds that the name of such person has been improperly stricken and removed, said board shall notify the city clerk in writing accordingly, who shall thereupon restore same to the Voters' Book by entry as above provided, and said board shall furnish to such person
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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 certificate, upon presentation and surrender to the manager of the election at the voting precinct where such person is entitled to vote, shall entitle such person to vote in said election. The managers of election shall, upon the presentation and surrender of such certificate, add the name of such person to the official lists of registered voters being used in said election at such voting precinct, followed by the word Certificate; and all such certificates shall be preserved by the election managers and filed by them with their returns of the election. Each of the members of the Board of Registration 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 officers 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. A majority of said board may act in the discharge of any of its duties. List of voters. Board of registrars. Purging lists. List of stricken names. Notice to persons stricken from registration list. Hearing. Restoration of name on voters' book. Certificate of restoration. Oath of members of board. Majority may act. Sec. 2. Be it further enacted by the authority aforesaid, That Section 7 of the Act of the General Assembly of Georgia, amending the charter of the City of College Park, approved August 15, 1922 (Georgia Laws 1922, pages 662 and 663), relating to tax returns and the maturity of taxes, be, and the same is, hereby amended by striking from said section the last sentence thereof, and substituting and enacting in lieu thereof the following, to-wit: All ad valorem taxes due said city for any particular year shall mature and be due
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and payable at such time or times as may be provided by ordinance. The Mayor and Council of said city shall also have the power, in their discretion, to prescribe by ordinance for the payment of such taxes in installments, for allowance of discount for premature payment of taxes or installments thereof, and for the collection of interests on matured installments; so that said Section 7, as so amended, will read as follows: Section stricken. Substitute. Sec. 7. Be it further enacted by the authority aforesaid, That it shall be the duty of every person, firm or corporation, owning real or personal property in the City of College Park, subject to taxation, to make returns thereof to the city clerk of said city on or before the 1st day of April in each year. All property in said city shall be returned as of date January first, and the owner of such property, or his agent, or legal representative, shall, on or before the date first above mentioned, in each year, return the same for taxation. All of such property shall be returned at its fair market value, on a form prescribed by the Mayor and Council of said city, under the oath of the owner, his agent, or person making such return. Any person, firm or corporation failing to make return of his or their property, as above provided, shall be subject to such penalty as may be prescribed by ordinance. All ad valorem taxes due said city for any particular year shall mature and be due and payable at such time or times as may be provided by ordinance. The Mayor and Council of said city shall also have the power, in their discretion, to prescribe by ordinance for the payment of such taxes in installments, for allowance of discount for premature payment of taxes or installments thereof, and for the collection of interest on matured installments. Tax installments. Sec. 3. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of College Park shall have the power and authority to assess, levy and collect an annual sanitary tax in any amount not exceeding two ($2.00) dollars for each house or building, against and from the owners of improved real estate in said City, and against and from such real estate. The amount of such assessment
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shall be a lien against the real estate so assessed, superior to all other liens except liens for taxes or other assessments, 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 manner and with the same effect as tax executions are now levied and property sold thereunder, by said City of College Park. Sanitary tax. Sec. 4. Be it further enacted by the authority aforesaid, That there is hereby created a bond commission in and for the City of College Park, to be known as the College Park Bond Commission, which commission shall be composed of the Mayor and Councilmen of said city, and their respective successors in office, together with two citizen members from and residing in each of the wards of said city, who are not members of the Mayor and Council of said city; that said citizen members shall be as follows: First Ward, George F. Longino, Jr. and Baynard Willingham; Second Ward, P. W. Fitzpatrick, and K. E. Foster; Third Ward, John W. Bryant and B. A. Creel; that the terms of the citizen members of said commission shall continue so long as said members remain residents of their respective wards, and until their successors are elected and qualified. In case of a vacancy at any time in the citizenship membership of said commission by death, resignation, removal or otherwise, such vacancy shall be filled by election by the Mayor and Council of said city. The Mayor of said city shall be chairman of said commission and the city clerk of said city shall be secretary and treasurer of said commission, but the city clerk shall not be deemed a member of said commission nor entitled to vote in the deliberations and actions thereof. As treasurer of said commission said city clerk shall have the custody of the proceeds of bond issues held and expended by such commission and shall give bond in such sum as the commission may determine, and with good security, to be approved by the commission for the faithful performance of his duties as such treasurer. Bond commission. Members named. Terms. Vacancies. City clerk to be Secretary and Treasurer; bond.
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Sec. 5. Be it further enacted by the authority aforesaid, That all moneys which the City of College Park now has on hand arising from the sale of bonds shall, upon the passage and approval of this Act, be delivered and turned over to the College Park Bond Commission created by Section 4 of this Act, and all moneys arising from the sale of any and all bonds, including school bonds, which may hereafter be issued by said city, shall, upon their receipt by the city, be likewise delivered and turned over to said commission; and said commission shall have the right, power and authority, and it shall be the duty of said commission, to hold, control, handle, and expend all such moneys for the purpose or purposes for which such bonds have been or may be issued; to make any and all contracts involving the expenditures of such moneys which may be necessary in carrying out such purpose or purposes, and to determine the manner in which such expenditures shall be made. Said commission shall also carry out any and all contracts already made by the Mayor and Council of said city for or in connection with the purposes for which the bond moneys now on hand were authorized. Said commissioners shall make a detailed written report of its receipts and expenditures and of its actings and doings, to the Mayor and Council of said city at least every six months, and at such times as such report may be required by said Mayor and Council. Funds from sale of bonds. Reports of Commission. Sec. 6. Be it further enacted by the authority aforesaid, That Section 5 of the Act of the General Assembly of Georgia, amending the charter of the City of College Park, approved August 14, 1908 (Georgia Laws 1908, pages 558 and 559), relating to the public school system of the City of College Park, admission thereto, courses of instruction and establishment of grades, be, and the same is hereby amended by striking from said Section 5 the last sentence thereof, and inserting and enacting in lieu of said sentence the following, to-wit: Said Board of Education shall also have the power to provide a course or courses of instruction and studies other than those embraced in the elementary branches of an English education, without tuition, except as to non-residents; to establish, maintain and operate a high school or schools,
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and high school grades, without tuition, except as to nonresidents; and to provide as many grades in each and all of the schools of said city as it may deem proper, so that said Section 5, as so amended, shall read as follows: Act amended. Amendment. To read. Sec. 5. Be it further enacted, That said board shall establish and maintain at least one school for white children and one for colored children for at least eight scholastic months each year. No white child shall be admitted into the school for colored children and no colored child shall be admitted into the school for white children. All children who are entitled to the benefit of the public school under the laws of this State, and whose parents, guardians or natural protectors reside within the corporate limits of said city, shall be admitted to said schools upon payment of such incidental fee as said board may deem proper. Children of non-residents and other children not entitled to the benefit of said schools, may be admitted upon such terms and upon payment of such tuition as said board may prescribe, not in conflict with the laws of this State. Said Board of Education of the City of College Park and said schools shall be entitled to the pro rata share of public school funds of the State of Georgia for such non-resident child or children. Said Board of Education shall also have the power to provide a course or courses of instruction and studies other than those embraced in the elementary branches of an English education, without tuition, except as to non-residents; to establish, maintain and operate a high school or schools, and high school grades, without tuition, except as to non-residents; and to provide as many grades in each and all of the schools of said city as it may deem proper. School grades without tuition. Sec. 7. Be it further enacted by the authority aforesaid, That Section Thirteen (c) of the Act of the General Assembly of Georgia, amending the charter of the City of College Park, approved August 15, 1922 (Georgia Laws 1922, page 662), relating to sidewalk paving in said city, be, and the same is hereby, stricken and repealed, and the following inserted and enacted in lieu thereof, as Section Thirteen (c) to-wit: Act amended. To read. Sec. Thirteen (c). Be it furthern enacted by the authority aforesaid, That no sidewalks shall be graded and paved and no
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assessment shall be made therefor under the authority, power and provisions of Sections Thirteen (a) and Thirteen (b) of said Act, approved August 15, 1922 (Georgia Laws 1922, pages 659, 660, and 661), unless the persons owning real estate having at least two-thirds of the foot frontage on the street, or on the side of the street, or on the portion thereof, to be so improved, shall, in writing, request the Mayor and Council to make such improvement specifying the extent, character and width of pavement desired; whereupon said Mayor and Council may determine the necessity of such improvement and the approximate cost thereof, and provide by ordinance for such improvement, and for the extent, character and width thereof, the material to be used, and such other matters as may be necessary; and notice of the passage of such ordinance and of the substance of its contents shall be given to each property owner, as provided in Section Thirteen (b) of the Act approved August 15, 1922, above mentioned. No request for such improvement, however, shall be granted, for less than one side of an entire block; but nothing herein shall prevent the Mayor and Council, in the absence of such request, to permit any property owner to pave, at his own expense, the sidewalk or sidewalks on which his property abuts, with such paving material and at such grade and in such manner as said Mayor and Council may designate and determine. This section and Sections Thirteen (a) and Thirteen (b) of the Act approved August 15, 1922, aforesaid, shall relate as well to the paving of sidewalks without grading as to the paving of sidewalks and grading therefor, where grading is not necessary in the laying or construction of sidewalk pavement. Sidewalk paving. Sec. 8. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of College Park shall have the power and authority, in its discretion, to call and hold referendum elections in and for said city or any question or questions relating to or connected with the municipal government of said city or any of its departments, and also on the questions of the manner of electing members of the Board of Education of said city, and whether the public school system
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of said city shall be merged with the Fulton County System of Schools, or with a county-wide system of schools. Authority to call referendum elections on municipal questions. Sec. 9. Be it further enacted by the authority aforesaid, That in the event any portion of this Act shall hereafter, for any reason, be held to be invalid, such invalidity shall not affect any other portion of this Act. Void part of Act not invalidate whole. Sec. 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 2, 1924. COLLINS; ELECTION AND TERMS OF MAYOR AND COUNCIL; CHAIN-GANG SENTENCES. No. 445. An Act to amend an Act to create a charter for the City of Collins, to be found in the Acts of the General Assembly of this State for the year 1905, and approved August 22, 1905; to repeal the amendment to the above described Act, to be found in the Acts of the General Assembly of this State, in the Acts of 1920, and approved August 16, 1920; to provide the method of electing the Mayor and Council of said city and fix their terms of office; to provide for the Mayor or Council of said city to sentence any one violating any ordinance of said city to serve in the chain-gang of Tattnall County; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act amending said city charter, to be found in the Acts of this State for 1920 on page 866 of said Act, is hereby repealed. Ga. L. 1920, p. 866; act repealed. Sec. 2. Be it further enacted, That the Mayor and Council of said city shall be elected on the third Monday in next December and that the mayor and two of the councilmen shall
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serve for a period of two years and that the other councilman shall serve for a period of one year. That the officers elected on third Monday in next December shall go into office on the first day of next January. That this method of electing said officers shall be continued until this Act is repealed or amended. That all officers thus elected shall serve for a period of two years. Election of Mayor and council. Terms. Sec. 3. Be it further enacted, That there shall be added at the end of Section 18 of the Act of 1905, to be found on page 745 of said Act, the following words: The Mayor or Council of said city is hereby given the right to sentence anyone violating any ordinance of said city to serve in the chain-gang of Tattnall County for a period of not less than ten days nor more than ninety days; and this sentence may be imposed in addition to any sentence now provided by law or in lieu of any sentence provided by law. Chain-gang sentences. 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 13, 1924. COLQUITT MAYOR'S TERMS LIMITED, SALARY FIXED. No. 275. An Act to amend an Act creating a charter for the City of Colquitt which was approved on August 7, 1915, known as No. 47 and commencing on page 534 of the Acts of 1915, and also to repeal an Act approved on August 20, 1917, known as No. 231, and commencing on page 649 of the Acts of 1917, by prescribing the salary of the Mayor of the City of Colquitt and prohibiting his succession in office for more than one term. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, That
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from and after the passage of this Act, an Act approved on August 7, 1915, creating a charter for the City of Colquitt, is hereby amended as follows, to-wit: That from and after the passage of this Act the Mayor of Colquitt shall not be allowed nor eligible to succeed himself in office for more than one term after the expiration of the present term. Mayor's successive terms limited. The salary of the Mayor of Colquitt from and after the passage of this Act shall be at the rate of $600.00 per annum, payable monthly, and he shall receive no other compensation from costs or otherwise. Salary of Mayor. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act an Act approved August 20, 1917, known as No. 231, found in Acts of 1917, commencing on page 649, and entitled, An Act to amend an Act entitled `An Act to amend, consolidate, and supersede the several Acts incorporating the City of Colquitt in the County of Miller and State of Georgia,' etc., is hereby repealed. Act of 1917 repealed. Approved July 18, 1924. COLUMBUS; ASSESSMENTS FOR SEWER CONNECTIONS AND LATERAL SEWERS. No. 458. An Act to amend an Act to create a new charter for the City of Columbus, and to consolidate and declare the rights and powers of said corporation, and for other purposes, approved November 29, 1890, so as to provide power and authority in the City of Columbus to assess the cost of sewer connections and lateral sewers carrying sewerage from houses in the City of Columbus to the sewer mains in the City of Columbus against the property owners and the property benefited thereby, and providing that such assessment shall be a lien against the owner and against the real estate,
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and further providing for the enforcement of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act that an Act entitled 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 29, 1890, be and the same is hereby amended by adding thereto the following as an additional section thereto, to-wit: Act amended. To read. Sec. 2. That the Commission of the City of Columbus is hereby empowered with authority to assess the cost of making sewer connections and of lateral sewers connecting and carrying the sewerage from the private property to the city sewer mains against the real estate so improved thereby and against the owner of the real estate so improved. Authority to assess for sewer connections and lateral sewers. Sec. 3. That the amount of expense of excavating, constructing and laying sewers and making connections therefor between private property and the city sewer main may be charged against the real estate so improved and the owners thereof, from the date of the completion of the work. Lien of assesment. Sec. 4. That the amount of each assessment for such work as contemplated herein shall be a lien on the real estate assessed from the time said work is done. Provided, however, that the minimum assessment hereunder may be placed by ordinance at not exceeding $15.00 for each such sewer connection, but in the event the actual cost of such connection shall amount to an excess of $15.00, then the assessment shall be an amount equal to the actual cost for such connection. Provided, further, That all liens hereunder, to be good against innocent purchasers, must be entered on the general execution docket of Muscogee County, Georgia, within sixty days from the time the work is completed, if not so entered, the lien to date from the time it is entered on record on said general execution docket. Minimum assessment. Recording lien.
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Sec. 5. The Commission of the City of Columbus shall have authority to enforce the collection of the amount of any assessment, under this Act by execution to be issued by the City Clerk of the City of Columbus in the name of the City of Columbus against the real estate so assessed and improved, and against the owner thereof at the date of the ordinance making the assessment. Execution. Sec. 6. That this provision may be put into effect by proper ordinance, that is, by general ordinance making assessment for connections and lateral sewers or by special ordinance against one or more owners and the property so improved. Ordinance to put Act into effect. Sec. 7. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 13, 1924. COLUMBUS CORPORATE LIMITS EXTENDED. No. 389. An Act to incorporate into the limits of the City of Columbus the following territory, to-wit: A certain street immediately north of the limits of the City of Columbus, known as that portion of Second Avenue beginning at the south side of Thirty-first Street and extending to the south side of Thirty-second Street, 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 following territory shall be incorporated, into the limits of the City of Columbus, to-wit: A certain street immediately north of the limits of the City of Columbus, known as that portion of Second Avenue extending from the south side of Thirty-first Street to the south side of Thirty-second Street. Territory included.
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Sec. 2. This Act is to add to the limits of the City of Columbus one certain block of street known as Second Avenue between Thirty-first and Thirty-second Streets, and is not intended to in any way change the present city limits except to add said additional territory. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 8, 1924. COMMERCE TAX INCREASE FOR SCHOOLS. No. 352. An Act to amend Section 26 of the charter of the City of Commerce, and all amendments thereto, by striking out the following words, to-wit: One-half of one per cent. or fifty cents on the one hundred dollars worth of property, and inserting in lieu thereof the following words, to-wit: sixtenths of one per cent. or sixty cents on the one hundred dollars worth of property, so as to authorize the Mayor and Council of the City of Commerce to levy and collect an ad valorem tax on all property, both real and personal inside the corporate limits of said city not exceeding sixtenths of one per cent. or sixty cents on the one hundred dollars worth of property, both real and personal, for school purposes, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 76 of the charter of the City of Commerce, Georgia, and all amendments thereof, be and the same is hereby amended, by striking out the following words, to-wit: one-half of one per cent. or fifty cents on the hundred dollars worth of property, and inserting in lieu thereof the following words, to-wit: six-tenths of one per cent., or sixty cents on the one hundred dollars worth of property, so as to
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authorize the Mayor and Council of the City of Commerce, Georgia, to levy and collect an ad valorem tax on all property both real and personal inside the corporate limits of said city not exceeding six-tenths, or sixty cents on the one hundred dollars worth of property, both real and personal, for school purposes. Amendment. School tax rate. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved August 6, 1924. CORNELIA; TAX RATE; SALARIES OF MAYOR AND COUNCIL; REFERENDUM. No. 473. An Act to incorporate the Town of Cornelia (now City of Cornelia) in the County of Habersham, approved October 22, 1887, Acts of 1887, page 571, and Acts amendatory thereto, to limit the ad valorem tax rate, to fix the salaries of the Mayor and the members of the City Council, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the ad valorem tax rate of and for the City of Cornelia shall never exceed twenty mills, that is, not to be more than twenty dollars on the thousand dollar valuation annually, except when the Mayor and Council shall declare an emergency, and then only shall a greater ad valorem levy be made after a majority vote of the qualified electors shall have voted and declared for same at an election, either general or special; such a vote to be had each time such an emergency shall arise and be thus declared by the City Council; such election to be under the rules and regulations of kindred elections in the City of Cornelia, Georgia. Tax limit.
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Sec. 2. Be it further enacted, That the Mayor's salary shall not exceed $150.00 per year, and that the members of the City Council shall not receive a greater salary than $50.00 each yearly. This provision shall not void present salary contracts for the year 1924. Salaries of Mayor and Council. Sec. 3. Be it further enacted by authority aforesaid, That the provisions of this Act shall not become effective until same has been approved by a majority of the electors of said City of Cornelia voting in an election to be held in said city on September 10, 1924, or at any other time selected by the Mayor and Council of said city, of which due advertisement shall be given at least two weeks' preceding said election; and in said election those voting to approve said Act shall have written or printed on their ballots the words: For approval of Act limiting ad valorem tax rate and for other purposes, passed at 1924 session of General Assembly; and those voting against said Act shall have written or printed on their ballots the words: Against Act limiting ad valorem tax rate and for other purposes passed at 1924 session of General Assembly. Referendum as to this Act. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1924. CRAWFORDVILLE SCHOOLS, ELECTION AS TO BONDS. No. 301. An Act to establish a system of public schools in the City of Crawfordville, Georgia, and to provide for the maintenance and support of the same, to provide for the issuing of bonds of said city, raise a fund with which to build and equip a school building or school buildings for said city, and for other purposes, after submitting the same to the qualified voters of Crawfordville.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That, upon the approval of this Act by two-thirds majority of the persons voting at the election hereinafter provided for, provided said two-thirds so voting in said election shall be a majority of the registered voters (agreeable to Article 8, Section 4, Paragraph 1 of the Constitution of Georgia), authority is hereby granted to the Mayor and Council of the City of Crawfordville, in Taliaferro, Georgia, the corporate authority having so recommended, to establish and maintain public schools, within the incorporate limits of said city, by local taxation. Election to establish school system. Sec. 2. Be it further enacted by the authority aforesaid, That upon the approval of this Act as above provided, the Mayor and Council of the City of Crawfordville are hereby authorized, to issue bonds not to exceed in the aggregate the sum of twenty thousand dollars, of such denomination or denominations, and to become due and payable at such time or times within thirty years after date of the issue thereof, and bearing such rate of interest, as the Mayor and Council of the City of Crawfordville shall determine, for the purpose of raising a fund with which to build and equip a school building or school buildings for said city. Bond issue. Sec. 3. Be it further enacted by the authority aforesaid, That said bonds shall be signed by the Mayor and the clerk of the Council of said city, and sold in such manner as the Mayor and Council may determine. Sec. 4. Be it further enacted by the authority aforesaid, That for the payment of said bonds and the interest coupons attached, the faith and credit of the City of Crawfordville shall be pledged, and the Mayor and Council of said city are hereby authorized and required to provide by taxation for the payment of said obligations as the same fall due. Taxation to pay bonds. Sec. 5. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Crawfordville shall provide annually by proper ordinance or resolution, for an election to be held in said city until the provisions of this
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Act are adopted; said election shall be held and returns thereof made in like manner as elections are now held for Mayor and Council, and the qualification of voters at said election shall be the same as required by law at the election of Mayor and Council. All persons voting at said election shall have written or printed on their ballots, For Bonds, or Against Bonds, and it shall appear that two-thirds of the qualified voters of said City of Crawfordville voting in said election have voted For Bonds, then and from thence-forward this Act becomes of full force and effect, provided said two-thirds so voting in said election shall be a majority of the registered voters of said city. Election. 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 July 29, 1924. CRAWFORDVILLE REGISTRATION OF VOTERS. No. 299. An Act to amend An Act to alter and amend, revise and consolidate the several Acts of the General Assembly of Georgia, granting corporate authority to the Town of Crawfordville, etc., and for other purposes, approved December 18, 1894, and the several Acts amendatory thereof, so as to require, as a requisite for voting in said City of Crawfordville, that each and every voter be registered on the City Registration Book, in addition to the other qualifications required by law for voting in said city; and so as to provide for a system of registration of voters in and for the City of Crawfordville; to provide for a single, annual, general registration list of the voters of said city for use in all elections held therein; to provide for form of oath to be taken and signed by the voters, and the effect of signing the same; to provide for a City Registrar, and an assistant Registrar or Registrars, and to authorize them to administer oaths;
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to provide for the creation of a City Registration Board and to prescribe its powers and duties; to provide for the preparation and purging of registration lists; and to provide a penalty for illegal registration or voting in any election held in said city; and, also, 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, as follows, to-wit: that the charter of the Mayor and Council of the City of Crawfordville, as contrained in an Act to alter and amend, revise and consolidate the several Acts of the General Assembly of Georgia granting corporate authority to the Town of Crawfordville, etc., and for other purposes, approved December 18, 1894 (Georgia Laws 1894, pages 147-158), and all amendments thereto, be and the same are hereby amended by adding to said Act to alter and amend, revise and consolidate the several Acts of the General Assembly of Georgia granting corporate authority to the Town of Crawfordville, etc., and for other purposes, approved December 18, 1894, and particularly to Section three thereof, the following language and paragraph, to-wit: No person shall be entitled to vote in any election held in and for said City of Crawfordville unless and until such person shall have registered on a City Registration Book in addition to all other qualifications by law for voting in said city; and no manager of any election held in and for said City of Crawfordville shall receive the ballot of any elector until he has first ascertained that the name of such elector does appear upon the Registration List of qualified voters furnished for such election by the City Registration Board. Amendment. Registration of voters. Sec. 2. Be it further enacted by the authority aforesaid, That immediately after the passage and approval of this Act, the Mayor and Council of said City of Crawfordville shall provide, and the Mayor of said city, who is ex officio hereby named the City Registrar of the voters thereof, shall open and keep open, as hereinafter provided, a book or books, to be designated City Registration Book, for the registration of the qualified voters of said city for the present year to-wit: the year 1924, for any and all elections of every kind and character and
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for whatever purpose held in said city during the year 1924; and on the first day of January, 1925, and each and every year thereafter, said Mayor and Council shall likewise provide, and said Mayor shall likewise open and keep open, as hereinafter provided, a book or books, to be designated City Registration Book, for the registration of the qualified voters of said city for each calender year, for any and all elections of every kind and character and for whatever purposes held in said city during the calendar year in and for which said annual registration is had; it being the intent and purpose of this Act to provide for a single, annual, general registration of the qualified voters of said city, under general rules, for use in any and all municipal elections of every kind and character and for whatever purpose held in said city during the year in and for which such annual registration is had. Said book or books shall consist of a book or books made up of separate printed oaths, in form and language hereinafter set out, securely bound together; and the oath above mentioned shall be in the form and language following to-wit: Mayor to be ex officio Registrar. Registration book for year. Annual registration. Oath of Voter.
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Sec. 3. Be it further enacted by the authority aforesaid, That the Mayor of said city, as registrar, as aforesaid, or any assistant registrar, hereinafter provided for, shall keep said City Registration Book open for the registration of voters at all times during office hours; said book to be so kept open from the passage and approval of this Act for the remainder of this year, Sundays and legal holidays alone excepted; and said book for each year after this year to be so kept open throughout the year, Sundays and legal holidays alone excepted. The Mayor of said city, and the assistant Registrar or Registrars hereinafter provided for, are authorized and empowered to take and have charge of said City Registration Book and to administer said oath, and when the signature of any person on said City Registration Book or to said oath is not clearly legible, the officer in charge of said City Registration 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 Crawfordville and in and for any and all the municipal elections of every kind and character and for whatever purpose held in and for said city, and possessing the qualifications set forth in said oath, may on application in person,
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and not by proxy, to the Mayor, 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 City Registration Book; a memorandum of the age and occupation being first made by the officer in charge of said book, or by the affiant at the place indicated therefor in said oath; and when affiant is not twenty-one years of age at the time of subscribing the oath, a similar entry or memorandum shall, in like manner, be made, showing the date in the year when he or she will reach the age of twenty-one years; and when the affiant has not resided in the State one year, in the county six months, or in the city six months, 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 six months. Upon the request of the applicant, the officer in charge of said book shall read or repeat said oath distinctly to the applicant, and if the applicant cannot sign his or her name, said officer shall sign it for him or her, the applicant making his or her mark thereto. The signature made by a person to said book shall be prima facie evidence that the person 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 City Registration Book shall note therein, 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. Assistant registrars. Mode of registration. Administration of oath. Sec. 4. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city, shall have the power and authority by resolution to appoint, from time to time, for such term or period of time, definite or indefinite, as they may deem proper, an assistant Registrar, or Registrars, who shall have the same powers and may perform any or all of the duties with respect to the registration of voters, as may be
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exercised or performed by the Mayor of said city or Registrar under the provisions of this Act. In the registration of voters, any such assistant registrar shall sign his or her name to the jurat of the voter's oath, followed by his or her title as assistant Registrar. Assistant registrars. Sec. 5 . Be it further enacted by the authority aforesaid, That five full days prior to any election to be held in said city, the officer in charge of said City Registration Book shall close the same, and registration shall cease until the day following said election when said City Registration Book shall again be opened. No registration shall be permitted for five full days prior to any election; and no person shall be permitted to vote in any election unless said person registered five days prior to such election. Close of registration book before election. Sec. 6. Be it further enacted by the authority aforesaid, That the Mayor and Council shall appoint annually for all elections to be held during the calendar year, three persons, who shall be regular voters of the city, who shall constitute and be known as City Registration Board, of and for said City of Crawfordville. Neither the Mayor nor any member of the Council shall be eligible to membership on said board. Each member of said City Registration Board, before entering upon the discharge of the duties of said board, must subscribe to the following oath, to-wit: I do solemnly swear that I will faithfully and impartially discharge to the best of my ability the duties upon me by law as a member of the City Registration Board of Crawfordville, and said oath shall be filed with the clerk of the Council, and entered on the minutes. Registration board eligibility. Oath. Sec. 7. Be it further enacted by the authority aforesaid, That five days prior to any election held in said city, said City Registration Board shall meet, and the City Registrar and assistant Registrars shall deliver to said City Registration Board all the City Registration Books. Delivery of books to board. Sec. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of said City Registration Board to receive, examine, and purge said City Registration Books so furnished them, as aforesaid, by preparing therefrom, before
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the day of such election, a true and correct list of the qualified and registered voters of said city. There shall be omitted from such prepared list of qualified and registered voters of said city the names of all persons who have died, or who removed from the city or who have not paid all taxes, State, county, and municipal, including street taxes, then due, or performed street work theretofore required in lieu of payment of streets taxes, and also, the names of all persons who may be, or may have become, disqualified for any other reason to vote in the election for which said list is being prepared, 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 preparing said list said board shall act upon the best evidence or information obtainable within the time available therefor. The name of no person who may be disqualified under the law to vote in such election shall be placed on such prepared list of qualified and registered voters of said city, but all other voters who may be registered on said City Registration Book shall be placed on said prepared list. Duties of board. Purging the list of voters. Sec. 9. Be it further enacted by the authority aforesaid, That said Board of Registrars shall notify each person whose name is purged, stricken, and removed by them, as aforesaid, and omitted from said list of qualified and registered voters, of that fact, by mailing written notice thereof to such person at the address appearing on the oath signed by such person, or by having the same personally served upon such person by the marshal or night watchman of said city; 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 within twenty-four hours after service of said notice upon said complainant by handing same to the chairman of said Board of Registrars, and shall be entitled to be heard thereon by said board, at such time and place as may be fixed by said chairman, after at least one day's notice thereof, but said notice may be waived by said person and an earlier hearing afforded by said board. The action of said board on such complaint
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shall be final; and if said board finds that the name of such person was improperly stricken and removed, said board shall restore same and place same on said list of qualified and registered voters. Notice to voters stricken from list. Hearing. Restoring voter's name. Sec. 10. Be it further enacted by the authority aforesaid, That Section 34 of the Civil Code of Georgia of 1910, in so far as the same or any sub-section thereof may be applicable under the charter of the City of Crawfordville, and particularly in so far as the same or any sub-section thereof may be applicable under Section 3 of the Act approved December 18, 1894, (Georgia Laws 1894, pages 147-158), is hereby made a part of this Act. Reference may be had to same, to determine those who may be entitled to vote for members of the General Assembly in this State. Qualifications of voters. Civil Code (1910), 34, made part of this Act, so far as applicable. Sec. 11. Be it further enacted by the authority aforesaid, That when said City Registration Board shall have performed the duties hereinbefore prescribed, prior to an election, as hereinbefore provided, said City Registration Board shall prepare an official list of the qualified and registered voters for use in said election, in alphabetical order, with the color and sex and age of the voter noted opposite each name; and said list, so prepared, with the written approval or certification of the numbers of said City Registration Board, or a majority of them, thereon, shall be furnished to the managers of said election, at or before the time the polls open for said election; and the managers of said election shall not permit any person to vote therein whose name is not on said list, unless such person presents and surrenders to said managers a certificate from said City Registration Board to the effect that he or she is a qualified and registered voter of said city, who is entitled to vote in said election, and whose name has been omitted from said certified list of qualified and registered voters by accident or mistake. List prepared by board. Sec. 12. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Crawfordville shall have the power and authority, by ordinance, to provide such further and other rules and regulations as they may deem
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proper, relative to the registration of voters and the preparation and purging of the registration list, provided such rules and regulations are not in conflict with the provisions of this Act. General authority of Mayor and Council. Sec. 13. Be it further enacted by the authority aforesaid, That any person knowingly or wilfully registering upon the City Registration Book without being entitled to do so, or knowingly or wilfully giving any false information for the purpose of becoming registered or having his or her name placed on the list of qualified and registered voters of said city for any election to be held therein, or voting at an election held in said city when not legally entitled to do so, shall be guilty of a misdemeanor, and upon conviction, shall be punished as provided by Section 1065 of the Penal Code of Georgia of 1910. Illegal registration. Penalty. Sec. 14. Be it further enacted by the authority aforesaid, That in the event any portion of this Act shall hereafter be held invalid, for any reason, such invalidity shall not effect any other portion of this Act. Void part of Act not invalidatewhole. Sec. 15. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 25, 1924. DAHLONEGA PERMANENT REGISTRATION OF VOTERS. No. 263. An Act to amend an Act, approved December 14, 1899, entitled an Act to amend the several Acts incorporating the Town of Dahlonega, etc., by the addition of a paragraph to Section 8 of said Act, to be designated as Paragraph (a) of Section 8, providing for the permanent registration of voters in the Town of Dahlonega, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 8 of the Act of the General Assembly of Georgia entitled An Act to amend the several Acts incorporating the Town of Dahlonega, approved December 14, 1899, be amended by the addition of a paragraph to said Section 8, to be designated as Paragraph (a) of said section, which said paragraph shall provide for the permanent registration of voters in said town, in the following language, to-wit: Amendment. To read. (a) Any person who has once registered under the provisions of Section 8 of the Act approved December 14, 1899, shall thereafter be permitted to vote without further registration, provided said person meets the requirements of said Section 8. Permanent registration. 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 15, 1924. DECATUR; STREET IMPROVEMENTS; CLOSING OF STREET. No. 431. An Act to amend an Act approved August 17, 1909, providing a new charter for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereto, so as to authorize the commissioners of said city to grade, regrade, pave, repave, build, rebuild, and otherwise improve or reimprove any of the streets, alleys, lanes, squares or public places of said city, and to make assessments against the abutting real estate and against any street railroad or other railroad company and the property thereof having a track or tracks running along or across said streets, lanes, squares, or public places for the
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cost of such improvements and provide for the payment thereof; so as to authorize the Commissioner of City of Decatur to make water and sewer taps or connections from the mains in the streets to the line of the abutting real estate, and to make assessments against the abutting real estate for the cost of such tap or other connections, and to provide for the payment thereof; and so as to authorize the commissioners of said city to close up and abolish Ansley Street in said city, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority aforesaid, that the Act approved August 17, 1909, providing a new charter for the Town of Decatur, now City of Decatur, in County of DeKalb and the several Acts amendatory thereof be, and the same is hereby amended so that the Commissioners of the City of Decatur shall have full power and authority, in their discretion, as hereinafter prescribed, to grade, regrade, pave, repave, build, rebuild and otherwise improve or reimprove any of the streets, alleys, lanes, squares or public places of said city now laid out and constructed, or which may hereafter be laid out and constructed. In order to make effective the power and authority above given and to provide funds therefor, said commissioners shall have full power and authority to assess the actual cost of such improvements above provided on the real estate abutting on any street, alley, lane, square or public place where improved, one-half () of the cost of such improvement shall be assessed against the real estate abutting on one side of the street, alley, lane, square or public place where improved, and one-half () of the cost of such improvement shall be assessed against the real estate abutting on the other side of such street, alley, lane, square or public place where improved; and any street railroad company or other railroad company having a track or tracks running along or across the streets, alleys, lanes, squares or public places of said city where so improved shall be required to pay the actual cost in full of grading, regrading, paving, repaving, building, rebuilding and otherwise improving or reimproving such street, alley, lane, square or public
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place between their tracks and for two (2) feet on each side thereof and in such cases and on such streets, alleys, lanes, squares or public places where such assessments are made against such street railroad company or other railroad company, the remaining cost of such improvement shall be assessed against the real estate abutting on the street, alley, lane, square or public place where so improved, one-half () of such cost shall be assessed against the real estate abutting on one side of such street, alley, lane, square or public place and the other one-half () of said cost shall be assessed against the real estate abutting on the other side thereof; provided that no grading, regrading, paving, repaving, building, rebuilding, or otherwise improving or reimproving any street, alley, lane, square or public place in said city and no assessments made, under the authority, power and provisions of this section shall be made unless provided for by ordinance, such ordinance to provide for doing the work and notice of the introduction of which shall be published in some newspaper of said city, and if there is no newspaper published therein, then in some newspaper having a general circulation in said city, one time at least ten (10) days before the adoption of said ordinance, so that any person interested in said improvement may file his objection thereto with the city clerk and be heard by the commissioners. Said notice shall contain a statement of the street, alley, lane, square or public place to be improved or the part to be improved and the kind of improvements to be made, the date of the meeting of the commissioners at which said ordinance will be considered for adoption, and the same may be adopted at said meeting or some subsequent meeting, in the discretion of the commissioners, after such notice has been given. The amount of the assessment on each piece of real estate abutting on the street, alley, lane, square or public place where such improvements have been made shall be a lien on the real estate, such lien dating from the time of the passage of the ordinance making the assessment; and the amount of the assessment for such improvement against said street railroad company or other railroad company and against the property thereof shall be a lien against such railroad company and against the property
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thereof, dating from the time of the passage of the ordinance making the assessment. The said ordinance making the assessment against the abutting real estate and against such railroad company and the property thereof shall be made by the commissioners of said city after the completion of such improvements and when the cost thereof shall have been determined; and when the commissioners of said city have levied and assessed the cost of such improvement against the abutting real estate and against such street railroad company or other railroad company and against the property thereof as above provided, they shall have full power and authority to enforce the collection of the amount of any such assessment so made for such improvement, by execution to be issued by the clerk of said city, against said abutting real estate and the owner thereof at the time of making the assessment and in accordance with such assessments, when the same is against such real estate; and against said street railroad company or other railroad company and against the property thereof when the same is against such railroad company and such property. Such executions shall be levied by the marshal of said city and after advertising and other proceedings, as in the case of sale of realty for city taxes, such property so levied upon, whether the same be abutting real estate or property of such railroad company or companies, may be sold by the marshal of said city at public outcry to the highest bidder, and such sale shall vest absolute title to such property in the purchaser; provided that the defendant in such execution shall have the right to file an affidavit denying that the whole or any part of the amount of such 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, the said affidavit to be filed with the marshal of said city and when received shall be returned by him to the Superior Court of DeKalb County, and there tried and the issue determined as in cases of illegality, subject to all the penalties provided by law in cases of illegality for delay. The lien for the assessment on abutting property and on street railroad or other railroad companies for making street improvements as heretofore provided shall have rank and
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priority of payment next in point of dignity to liens for taxes. Authority to pave, etc. Assessments. Railroads. Ordinance provided for improvement. Publication of notice. Lien of assessment. Execution. Levy and sale. Affidavit of illegality. Rank of lien. Sec. 2. Be it further enacted by the authority aforesaid, That the power and authority herein granted to the Commissioners of the City of Decatur for grading, regrading, paving, repaving, building, rebuilding and otherwise improving an reimproving the streets, alleys, lanes, squares or public places of the City of Decatur and making the assessment against the abutting real estate and against the street railroad or other railroad companies and the property thereof for such improvements is additional and cumulative to the other provisions now in effect and of force in said city for said purposes, and this Act shall in no wise repeal the provisions for such improvements and such assessments as now existing. Provisions of this Act cumulative. Sec. 3. Be it further enacted by the authority aforesaid, That whenever a water or sewer main or mains is laid or has been laid in any street, alley, lane, square or public place in the City of Decatur, the Commissioners of the City of Decatur are authorized to make extensions from same to the property line, that is the line of the property abutting on said street, alley, lane, square or public place where such extensions are made, said extensions to be installed at intervals established by the Commissioners of the City of Decatur; and the Commissioners of the City of Decatur are hereby authorized to assess the property abutting on said street for the cost of construction of said extension where same are made in front of said abutting property, said assessment for making extensions shall be made in the same manner as the assessments for the cost of construction of sewers in said city is now made; full power and authority is hereby given to the Commissioners of the City of Decatur to enforce the authority herein given as is now provided for by the existing charter of the City of Decatur for the laying of and assessing the cost of sewers in said City of Decatur. Extension of water or sewer mains. Sec. 4. Be it further enacted by the authority aforesaid, That the Commissioners of the City of Decatur be and are hereby authorized in their discretion, to close Ansley Street in said
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city between its intersection with McDonough Street and Candler Street. Authority to close part of Ansley Street. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1924. DONALDSONVILLE BONDS, LIMIT OF. No. 253. An Act to amend an Act creating a new charter for the Town of Donaldsonville, in Decatur (now Seminole) County, approved August 20, 1906, Acts of 1906, pages 682 to 707, inclusive, by striking from Section 52 on the eighth line thereof the words Twenty-five Thousand Dollars, and substituting therefore the words, The constitutional limitation on municipal indebtedness, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that an Act entitled an Act creating a new charter for the Town of Donaldsonville, in the County of Decatur formerly, but now Seminole, approved August 20, 1906 (Acts 1906, pages 682 to 707, inclusive), be and the same is hereby amended as follows: By striking from Section 52 of said Act aforesaid on the eighth line thereof the words, Twenty-five Thousand Dollars, and substituting in lieu thereof the words, The constitutional limitation on municipal indebtedness. Amendment. Sec. 2. Be it further enacted by the authority aforesaid, That when said section shall be amended, it shall reas as follows: Be it further enacted, That from and after the passage of this Act, the Mayor and Council of Donaldsonville are hereby authorized and empowered to submit to the qualified voters under the provisions of the Code of Georgia of 1895, Sections 377 to 381, both inclusive, and other sections of
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said Code, and Acts amendatory thereof and relating thereto, except that said election shall be published in the town paper, the question of issuing bonds not to exceed the constitutional limitation on municipal indebtedness, and to be held for the purpose of establishing, building, maintaining and operating a system of electric lights, a system of water works, or a system of water works and sewerage, one or all systems for said Town of Donaldsonville, and at said election the ballots shall be written or printed, `For electric lights and bonds,' or `Against electric lights and bonds,' `For water works and bonds,' or `Against water works and bonds,' `For water works, sewerage and bonds,' or `Against water works, sewerage and bonds,' as the case may be, according to whether the question submitted as bonds for electric lights, water works or water works, sewerage and bonds, or all, the town having the right, it is hereby enacted, to call an election or elections to vote upon the question of establishing, building, and maintaining and operating plants for either the lights, water works, or water works and sewerage, or for all as the case may be deemed most advisable by the Mayor and the Town Council. Bonds not to exceed Constitutional limit. Sec. 3. Be it further enacted by the authority aforesaid' That subsections a, b, c, d, e, f and g, of said Section 52 of the Acts of 1906, be and they are hereby declared and allowed to remain as originally enacted and embodied in said Act. Parts of original Act preserved. 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 3, 1924. DOUGLAS; SEWERAGE, ASSESSMENTS, CERTIFICATES; REFERENDUM. No. 457. An Act to amend an Act of the Legislature of the State of Georgia, entitled An Act to create a new charter for the City of Douglas, in Coffee County, etc., approved December 20,
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1899, and all Acts amendatory thereof, so as to confer power and authority on the City of Douglass to establish, equip, maintain, modify, extend and improve the system of sewerage and drains in said city, and assess any or all costs of the building, equipment and maintenance of such sewerage as may hereafter be put in along the streets, alleys or ways of said city against the abutting property and the owners thereof, according to the proportion that such abutting property bears to the entire costs of such sewerage thus put down; and also to provide for the enforcement and collection of such assessments against abutting property and owners thereof by execution issued against such property and such owners, and to provide the method of collecting same; also to authorize said city to issue sewerage certificates to the sewerage contractor or contractors, or to other persons, based upon such executions as may be issued, payable at such time, and in such amounts, and with such rate of interest as said city authorities may deem proper, the city being empowered to endorse said certificates, and also to negotiate and transfer them to any person, firm or corporation having money to lend; and to confer any other or further necessary authority upon said City of Douglas to enable it to establish, equip, maintain, modify, extend and improve the system of sewerage and drains in said city, and for the assessment and collection of the expense and costs 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 an Act approved December 20, 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 amended. Sec. 2. The City of Douglas, acting by and through its Mayor and Council, or through the Water and Light Commission of said city, as may be deemed most advisable, is hereby vested with full power and authority to establish, equip, maintain, modify, extend and improve the system of sewerage and drains in said City of Douglas, and assess any or all costs of the building, equipment and maintenace of such
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sewerage and drains as may hereafter be put in along the streets, alleys or ways of said city against the abutting property and the owners thereof, according to the proportion that such abutting property bears to the entire costs of such sewerage thus put down, and also to provide for the enforcement and collection of such assessments against the abutting property and owners thereof, by execution issued against such property and such owners. Said Mayor and Council shall have all power and authority to adopt by ordinance such system of equalizing assessments on real estate for the purposes above stated, as may be just and proper, estimating the total cost of each improvement thus made, and prorating the costs thereof, on the abutting real estate and owners thereof, according to the proportion such abutting real estate bears to the whole costs of said improvement thus made, or according to the area or value of said real estate, either or all, as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making assessment, and said Mayor and Council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement, upon the streets, ways and alleys of said city by execution issued by the city clerk against the real estate so assessed and the owner thereof, for the amount assessed against the owner at the date of the ordinance making such assessment; which execution may be levied by the Chief of Police or the City Marshal of said city on such real estate or other property owned by the owner thereof, and after advertising and other proceedings, as in the case of tax sales under existing ordinances, or such as may hereafter be made as applicable to the subject, said property shall be sold in the same manner and shall be subject to all the rights of purchase by the city and redemption by the owners as is provided by Section XXII of the original Act entitled an Act to create a new charter for the City of Douglas; approved December 20, 1899, and all amendments thereto; provided, that all advertisements may be made in the official organ of said city, and provided, that to any execution issued under provisions of this section, the defendant
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shall have the right to file an affidavit of illegality in the same manner as is provided for the filing of affidavits of illegality to common law judgments under the practice of the superior courts of said State, denying that whole or any part of the amount for which execution issued is due, and the reason why the same is not due, but any amount admitted to be due shall be paid before the affidavit of illegality is received, and said affidavit shall be received for the balance, and said affidavit so received, if filed to a levy upon personal property, shall be returned for trial to the Justice's Court of the 748th District, G. M., said County of Coffee, when the principal amount of execution thus levied upon personalty does not exceed one hundred dollars, or to the City Court of Douglas, when the principal amount of the execution exceeds one hundred dollars, or if levy upon real estate, then to the Superior Court of Coffee County, Georgia, and there tried, and the issues determined as in cases of illegality, subject to all the pains and penalties provided for under cases of illegalities filed for delay. The lien of such assessments and the executions issued thereon on abutting property for such sewerage or drainage improvements, shall have the rank and priority of payment next in point of dignity to liens for taxes, as provided by the Constitution and Laws of the State of Georgia, and of the United States, and shall have priority over all other executions and judgments and liens, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Said Mayor and Council shall have the power and authority to prescribe by ordinance such rules as they may in their discretion think necessary, to establish, maintain, modify, extend and improve the system of sewerage and drains, or either, in said city, and assess any or all of the costs or expense against abutting property, and enforce by execution the collection thereof against the abutting property and the owners thereof, and to prescribe by ordinance such notices to the abutting property owners as said Mayor and Council may see proper; provided, however, that such notice shall be in writing referring to the improvement thus to be made, and it shall be served upon the abutting property owners at least fifteen days prior to the beginning of the improvement
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adjacent to such abutting property, which notice shall be served in person or left at the residence of such owner if a resident of said city, and if a non-resident then by due course of mail by letter addressed to such owner's last known address. Said Mayor and Council shall have the authority, in the name of said city, to issue executions for the full assessments against the abutting property and the owners thereof for all such sewerage or drainage improvements, and shall have authority to issue sewerage or drainage certificates, either or both, in the name of the city, in behalf of or payable to the sewerage or drainage contractor, or any other person, corporation or concern, which certificates shall be made negotiable, and shall be issued in such denominations and payable at such times either for one year or for more than one year, in the discretion of council, to bear such rate of interest as may be determined by the council, interest to be payable annually or semi-annually, and to be based upon executions issued against the abutting property and the owners thereof for such sewerage or drainage improvements aforesaid, and the City of Douglas shall have authority by its Mayor and Clerk, upon proper resolution adopted by council authorizing them so to do, to endorse such certificates, and guarantee the payment thereof, and shall have authority to negotiate such certificates, when issued, to the contractor or contractors of such improvements, or parties furnishing the material therefor, in settlement of such improvement, labor or material, or to negotiate them to banks, trust companies, or other persons or parties having money to lend, and raise the money for the purpose of paying for such improvements, and said city shall have the authority to collect assessments for such improvements under such executions as may be issued by authority of said city, and use the money for the purpose of redeeming such certificates thus issued, and to prescribe the terms, the payment, rate on interest and the time and of payment of such executions and of such sewerage or drainage improvement certificates, either or both. Said city, through its Mayor and Council, shall have all other and necessary authority under the law to fully establish, equip, maintain, extend and improve, either or all the system of sewerage and
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drains in said city, and to make assessments against the abutting property owners, issue executions thereon with special liens and to provide the manner and form of enforcing the collection thereof, and all other necessary or desirable authority for successfully carrying out such sewerage or drainage improvements. Authority to establish sewerage system. Assessments. Lien of assessment. Execution, levy and sale. Redemption. Affidavit of illegality. Trial of issue. Rank of lien. Authority as to ordinances. Notice to land owners Executions. Issuances of negotiable certificates in behalf of contractor. Guaranty by city. General powers. Sec. 2a. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become effective until submitted to a vote of the qualified voters of the City of Douglas as herein provided, at the general city election to be held in December, 1924. The qualified voters of the City of Douglas, Georgia, who favor this amendment to said Act amending the charter of the City of Douglas shall have written or printed on their ballots, the following words For amendment to the charter of the City of Douglas. Those who oppose said amendment shall have written or printed on their ballots the following words, Against amendment to the charter of the City of Douglas, should a majority of the qualified voters of the City of Douglas voting at said election upon said question vote For amendment to the charter of the City of Douglas, then, and in that event, this Act shall become of full force and effect, and not otherwise. The vote on the charter amendment herein provided for shall be counted and consolidated as in cases of other elections in said city and the result of other elections in said city and the result declared, and placed on the minutes of the City Council of the City of Douglas. Referendum as to adoption of this Act. Sec. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924. EAST JULIETTE, CHARTER OF TOWN OF. No. 413. An Act to create a charter for the Town of East Juliette, in the County of Jones and State of Georgia, to provide a
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municipal government for said town, to define its boundaries, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Town of East Juliette, in the County of Jones, be and the same is incorporated under the name and style of the Town of East Juliette, and by that name have perpetual succession, may have and use a common seal, may sue and be sued, plead and be impleaded in any court of law or equity in this State, may purchase, have hold, receive, enjoy and retain to itself any estate or estate, real or personal or whatever kind or nature, within or without the corporate limits thereof, may through its mayor and aldermen sell or otherwise dispose of the same for the benefit of said town, as mayor and aldermen in regular council meeting may adjudge fit and proper. The mayor by direction of said council making, executing and delivering all contracts thereto. Town incorporated. General powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend mile in any direction from the mill of the Juliette Milling Co., east of the Ocmulgee River. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall consist of a mayor and..... aldermen; such council may elect or appoint such other subordinate officers as they may deem necessary at any time for the enforcement of the provisions of this charter or any ordinance passed in pursuance thereof, all of whom shall be deemed and held to be lawful officers of this State and town. All subordinate officers shall hold their offices at the will of said council, and receive such salary or compensation as may be attached to such office or appointment, and shall take and subscribe such oath and execute such bond for the faithful discharge of the duties that shall be required by the ordinances of said town. Officers. Pay of subordinate officers. Sec. 4. Be it further enacted that by the authority aforesaid, That J. T. Pritchett shall be and is hereby appointed
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mayor of said town and J. B. Wilson, E. A. Pritchett, J. R. Bearden and H. L. Lawrence shall be and are hereby appointed aldermen of said town to hold their several offices until the election and qualification of their successors. That an election for said mayor and aldermen to succeed such named officers be held December 15, 1924, and biennially thereafter on the same day under such rules and regulations as may be adopted by said council, not inconsistent with the provisions of this charter and the laws of this State. Mayor and aldermen named. Election of successors. Sec. 5. Be it further enacted by the authority aforesaid That all municipal elections in said town shall be held at the, store at East Juliette now appointed between the hours of eight o'clock A. M. and three o'clock P. M. and shall be held by any two citizens that may be freeholders of said town, being first sworn to hold said election faithfully and properly. Said freeholders being appointed by the council, neither of whom being a candidate. Said election shall be as provided by law for the election of members of the General Assembly for this State, except that only two lists of voters and two tally sheets need be kept. The managers shall count the votes cast, declare the results and certify the same to the Mayor and Council, and deposit with said Mayor all papers pertaining to said election, who shall retain them unopened for ten days and then destroy them unless notice of contest shall have been filed. All contests shall be conducted by the general laws of force in this State. If from any cause there should be a failure to hold an election at the time appointed, the Mayor and Council may order an election to be held as soon as practicable by giving at least five days notice thereof by publication in some gazette having general circulation in said town. Elections. Contest of election. Sec. 6. Be it further enacted by the authority aforesaid, That all person qualified to vote for members of the General Assembly in the County of Jones who have resided in said town six months next preceding said election who have paid all taxes legally imposed by the authority of said town including street tax and all fines lawfully imposed, and have complied with such registration laws and ordinances as shall have been adopted by said council, shall be qualified to vote therein;
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provided, that no one shall be permitted to vote who on being challenged as a voter, fails to take the oath as prescribed by law and to swear that he has been a bona fide citizen of said town six months next prior to said election. Qualification of voters Oath of voter. Sec. 7. Be it further enacted by the authority aforesaid, That any person voting illegally at any municipal election held in said town shall be guilty of a misdemeanor and be punished as prescribed by law for voting illegally in the State. Illegal voting. Sec. 8. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen shall, at the time of their election, be qualified voters in said town and shall receive no salary for their services. No pay for Mayor and Aldermen. Qualification. Sec. 9. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen shall within ten days after their election, meet at a time and place to be designated by said Mayor and take and subscribe an oath faithfully and to the best of their ability to discharge the duties of the respective offices, which shall be recorded in the minutes of the council. Oath of Mayor and Aldermen. Sec. 10. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall also elect a treasurer and marshal and deputy marshal if they deem necessary, each of whom when elected shall enter into a bond with sufficient sureties approved by the mayor, in such penalty as the council shall prescribe, payable to the corporation, conditioned to faithfully collect and pay over as required by the council all taxes, fines, forfeitures, and all other income of said corporation, and said officers shall continue in office during the pleasure of council, and perform the duties respectively as prescribed or as may be required by the council. Treasurer, Marshal and Deputy Bond Sec. 11. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall hold, at such times and places as they may appoint, meetings for the transaction of the business of the town. The mayor shall preside, or a mayor pro tem to be elected by council from one of their number, who shall vote on all questions in case of a tie.
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Said Mayor, or other member of it designated in the absence or disqualification of the mayor, shall hold police courts for the trial of all offenses against the laws or ordinances of said town, and on conviction shall punish each offender with a fine not to exceed one hundred dollars, or imprisonment in the calaboose or county jail not to exceed ninety days, or work on the streets of the town not to exceed ninety days, any one or two or all of said punishments at his discretion. He shall have power to punish for contempt by fine not exceeding five dollars, and imprisonment not exceeding twenty-four hours. From the decision of the presiding officer there shall be the right of appeal to the council, a majority of whom shall decide all questions and issues of appeal. Meetings of Mayor and Aldermen. Police court. Penalties. Contempt Appeal. Sec. 12. Be it further enacted by the authority aforesaid, That the Mayor shall have the power to discharge the duties of an ex officio Justice of the Peace in all criminal matters, and upon an investigation in a police court, the mayor or other member presiding in case it should appear that an offense against the criminal laws of this State has been committed, shall have power and it shall be his duty to bind the offender to the proper court or commit him to jail as the general laws of this State provide, by committing magistrates. Commitment Sec. 13. Be it further enacted by the authority aforesaid, That said mayor shall be the chief executive officer of said town. He shall see that the laws and ordinances, rules and orders of the mayor and council are faithfully executed. He shall have control of the police of said town; may appoint special police in his discretion, and shall see that the peace and good order of the town are preserved; that all persons and property therein are protected, and to this end may cause the arrest and detention of all riotous or disorderly persons or suspicious characters, or any persons violating the laws, ordinances or rules of said town. Mayor's powers. Sec. 14. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have power and authority to pass all laws, ordinances and rules for the government of said town not in conflict with the constitution and laws of this
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State, for the protection of life, property, peace, good order, health, comfort and convenience of the citizens of said town, and other persons therein and to provide suitable penalties for the violation of the same. General powers of Mayor and Aldermen. Sec. 15. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have power and authority over all streets, alleys, sidewalks, parks and cemeteries; to remove all obstructions and nuisances therefrom; to regulate and control all public houses, markets, butcher pens, hog pens, etc., and to remove the same in case they should become injurious to persons or property or the public health. Provided however, that the county authorities of the County of Jones shall continue to work and maintain in repair all the public roads in said town for a uniform width of thirty feet as if this Act had not been passed, until the council shall take over and assume to discharge the care and maintenance of said roads and highways. Power to remove obstructions in streets, etc., and to remove nuisances. Road work by county authorities. Sec. 16. Be it further enacted by the authority aforesaid, That in the event there should from any cause be a vacancy in the office of mayor, the mayor pro tem shall become mayor with all the powers heretofore set out until the next general election and the council shall from their number elect a mayor pro tem. Mayor pro tem. Sec. 17. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924. EAST POINT TAX INCREASE, FOR SCHOOLS, ELECTION AS TO. No. 375. An Act to amend an Act approved August 19, 1912, creating a new charter for the City of East Point, in the County of Fulton, and the several Acts amendatory thereof, whereby
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Section fifty-nine and sixty-four of said charter and the several Acts amending said section will be amended so as to increase the ad valorem tax rate for the support and maintenance of the public schools of the City of East Point from three-fourths of one per cent to one per cent. of the value of all the taxable property within the corporate limits of said City of East Point, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section fifty-nine of said Act and the Acts amendatory thereof be, and the same is hereby amended as follows: By striking all that portion of said section beginning with the word provided in line ten, on page 899 of the Acts of 1912, and ending with the word cent in line twelve of said section, and the following inserted in lieu thereof: Provided that said Mayor and Council shall have no authority to levy and collect an ad valorem tax of more than one per cent. of the value of all taxable property within said city for school purposes, so that said section, when amended, shall read as follows: Amendment. To read. Be it further enacted, That said Board of Education shall as soon as practicable after their election, submit to the Mayor and council an estimate of the amount of money needed by them to operate the public schools for the current scholastic year. An annual estimate shall be submitted to the City Council by said Board of Education on or before the first day of March of each year, and such assessments shall be levied and collected in the manner and at the time other taxes are levied and collected for city purposes; provided that said Mayor and Council shall have no authority to levy and collect an ad valorem tax of more than one per cent. of the value of all the taxable property within said city for school purposes. Said Mayor and Council shall pay over to the Treasurer of said Board of Education such tax when levied and collected for the support of said schools. Said Mayor and Council shall have the authority to appropriate any special taxes collected by said city from any source whatever to the maintenance of said schools. The Board of Education shall not have the authority to contract any debt during any year in
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excess of the appropriation for the public schools for that particular year. School tax limit 1%. Sec. 2. Be it further enacted by the authority aforesaid, That Section sixty-four of said Act be, and the same is hereby amended as follows: By striking all that portion of said section beginning with the word exclusive in line nine, on page 902 of the Acts of 1912 and ending with the words per annum in line eleven, and the following inserted in lieu thereof: exclusive of the taxes for public schools, which shall not exceed one per cent. per annum, so that said section, when amended shall read as follows: Amendment. To read. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the City of East Point, the City Council shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debt, money used in banking and every other species property in said city or owned or held therein subject to the taxation; said tax not to exceed fifty cents on the one hundred dollars exclusive of the taxes for public schools, which shall not exceed one per cent. per annum, and exclusive of the taxes required and sufficient to pay the annual interest on the bonded indebtedness of said city and to provide a sinking fund for the purpose of paying the principals of said indebtedness as required by law. The ad valorem tax above authorized for the general purpose, and the public school tax and the bonded interest and sinking-fund tax, shall be levied under separate ordinances, each specifying the purpose for which levied and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. The City Council shall have power and authority to provide by ordinance for the returns and assessments of all taxable property in said city and to provide for neglect or refusal to comply with the same. Tax limit. Sec. 3. Be it further enacted by the authority aforesaid, That the City Council of said City of East Point be and it is hereby authorized and empowered to call and hold an election as required by law, for the purpose of submitting to the qualified
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voters of the said City of East Point the question of increasing the tax levy for school purposes as herein provided for. Election as to tax increase. Sec. 4. Be it further enacted, That said election shall be held and governed by the same rules and regulations as govern the election of the Mayor and Council of said City of East Point, and the qualifications of the voters shall be the same, and the returns of said election shall be made, determined and declared in the same manner as prescribed for the election of Mayor and Council of said city. Conduct of election. Sec. 5. Be it further enacted, That notice of said election shall be published in a newspaper published in the City of East Point at least once a week for two weeks before the election is held, or if there be no such newspaper then notice of such election shall be posted in at least three conspicuous places within the corporate limits of said city at least fifteen days prior to the election. Notice of election. Sec. 6. Be it further enacted by the authority aforesaid, That those favoring the increase of the school tax levy as herein provided shall have written or printed on their ballots: For the Increase of the School Tax Levy, and those opposed shall have written or printed on their ballots: Against the Increase of the School Tax Levy. Form of ballot. Sec. 7. Be it further enacted by the authority aforesaid, That a majority of those voting shall be necessary to carry the election for the increase of the school tax levy as herein provided. Majority vote. Sec. 8. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1924.
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EATONTON HIGH SCHOOL TUITION, ELECTION AS TO. No. 304. An Act to amend the Act approved December 12, 1892, authorizing the Mayor and City Council of Eatonton to establish and maintain a system of public schools for said city, for providing that tuition may be charged in the high school; to provide for submitting this amendment to the vote of the registered voters of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That Section 4 of the Act approved December 12, 1892, authorizing the Mayor and City Council of Eatonton to establish and maintain a system of public schools for said city, be and the same is hereby amended by adding at the end of said section this sentence: The trustees of any school operated under this Act shall have the power to prescribe and collect reasonable charges for tuition in any or all of the grades of the High School Departments, and to require payment of tuition monthly, in advance, so that said section, as amended, shall read as follows: Amendment. To read. Sec. 4. Be it further enacted, That all children between the ages of six and eighteen, whose parents, guardians or natural protectors bona fide reside within the City of Eatonton, shall be entitled to the benefits of tuition in said schools in such course of studies as are now provided for in State public schools, free of charge, except such incidental fee as may be prescribed by said trustees. Children who do not reside in the City of Eatonton may be admitted upon such terms as the trustees may prescribe. But in no event shall any white child be taught in the colored school, nor any colored child in the white school. The trustees of any school operated under this Act shall have power to prescribe and collect reasonable charges for tuition in any or all of the grades of the High School Departments, and to require the payment of tuition monthly, in advance. Tuition for High School.
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Sec. 2. Be it further enacted by the authority aforesaid, That this said amendment shall be submitted to the qualified voters of the City of Eatonton at th regular election of said city to be held on the first Wednesday in August, 1924; and that said ballots shall have written or printed thereon the words: For tuition in the high school, which form shall be used by those in favor of said amendment; and also the words: Against tuition in the high school, which shall be used by those opposed to said amendment; and if a majority of the registered voters of said city, voting at said election, vote in favor of said amendment, the same shall become immediately of force and effect; but if a majority of those voting fail to so vote in favor of said amendment, then the same shall be declared as having failed to be ratified and become null and void. The result of said election shall be declared by the same authority in said City of Eatonton whose duty it is to declare the result of the regular city election. Election as to high school tuition. Sec. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved August 1, 1924. EATONTON TAX INCREASE, FOR SCHOOLS; ELECTION AS TO. No. 308. An Act to amend an Act approved August 5, 1908, as amended by an Act approved August 7, 1919, entitled An Act to create a new charter for the City of Eatonton, to declare the rights, powers and privileges of said corporation, and for other purposes, by adding a new subsection to Section 28 thereof, providing for a tax of five mills in addition to all taxes hereinbefore authorized, for school purposes; and for submitting said amendment for ratification to the registered voters of the said City of Eatonton, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an additional subsection be added to Section 28, to be known as subsection five, of an Act approved August 5, 1908, and amended by an Act approved August 7, 1919, entitled An Act to create a new charter for the City of Eatonton, to declare the rights, powers and privileges of said corporation, and for other purposes, and all Acts amendatory thereof, said subsection to be added to read as follows: Additional subsection. To read. Sec. 5. Said City of Eatonton in addition to all the powers of taxation heretofore granted shall have the right, power, and authority to assess, levy and collect a tax upon all properties, both real and personal within the limits of the city not to exceed one-half of one per centum, ad valorem for the year beginning September 1, 1924, and ending September 1, 1925. Said sum or any portion thereof which may be levied to be used exclusively for school purposes by the said city authorities. Tax for schools. Sec. 2. Be it further enacted by the authority aforesaid, That this said amendment shall not become of force and effect until the same has been ratified by the qualified voters of the City of Eatonton in the following manner, to-wit: Said amendment shall be voted upon by the qualified voters of the City of Eatonton at the regular annual election of said city to be held in and for the same on the 1st Wednesday in August, 1924, and those who favor the said amendment shall have written or printed upon their ballots the words For Five Mills School Tax for one year, and those opposed to said amendment shall have written or printed upon their ballots the words Against Five Mills School Tax for one year; and if two-thirds of those so voting shall vote in favor of said amendment same shall immediately become of force and effect, otherwise to be null and void. The result of said election shall be declared by the same authority and in the same manner as the result of regular annual election of said city is declared. Election as to tax.
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Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 1, 1924. ELBERTON SCHOOL BOARD; ELECTION DATE CHANGED; TERMS OF OFFICE; WOMEN ELIGIBLE. No. 340. An Act to amend an Act approved August 12, 1911, amendatory of an Act approved November 22, 1900, providing a public school system for the City of Elberton, Georgia, so as to change the date of election of the Board of Education of the City of Elberton; to make women eligible for membership on said Board of Education; to prescribe the term of office of present and future members of said Board of Education; to repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act of the General Assembly of said State, approved August 12, 1911, and appearing on pages 1134 to 1146 both inclusive, of the Acts of 1911, providing a system of public schools for the City of Elberton, Georgia, which Act is amendatory of an Act of said General Assembly, approved November 22, 1900, establishing such system of public schools in said City of Elberton, be and the same is hereby amended by striking from the fourteenth line from the top of page 1140 of Acts 1911 in the second unnumbered paragraph on said page, between the words, on the and the words, and biennially, the words, Third Wednesday in June, 1913, and by substituting in lieu of the words so stricken the words, Second Tuesday in March, 1925; and by striking from the fifteenth line from the top of page 1140 of the Acts of 1911, in the second unnumbered paragraph on said page, between the words,
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on the and the words, which elections, the words, third Wednesday in June, and by substituting in lieu of the words so stricken the words, Second Tuesday in March, so that, when so amended, said paragraph of said amendatory Act shall read as follows, to-wit: Amendments. Be it further enacted, That a regular election for members of the Board of Education of the City of Elberton shall be held on the second Tuesday in March, 1925, and biennially thereafter on the second Tuesday in March, which elections shall be held and conducted in every particular according to the rules, regulations and ordinances governing regular elections for Mayor and Councilmen of the City of Elberton. Board of Education. biennial elections of,2d. Tuesday in March. Sec. 2. Be it further enacted, That the members of the Board of Education of the City of Elberton shall be elected for a term of two years and until their successors are elected and qualified, and that the term of office of the present members of said Board of Education shall expire on the second Tuesday in March, 1925, or as soon thereafter as their successors are elected and qualified. Terms of office. Sec. 3. Be it further enacted by the authority aforesaid, that said Amendatory Act of 1911, approved August 12, 1911, be and is hereby further amended by striking from the third unnumbered paragraph of said Act, appearing on page 1140 of the Acts of 1911, the following words appearing on lines nineteen to twenty-three, both, inclusive, on said page, to-wit: No person shall be eligible to election to membership on the Board of Education of the said city unless he shall have been a resident citizen of the City of Elberton for at least two years next before the day of the election, and shall have attained the age of twenty-five years, and by substituting in lieu of the words so stricken, the following words, to-wit: Any person, without disqualification or discrimination because of sex, who shall have been a resident citizen of the City of Elberton for at least two years next before the date of the election, and who shall have attained the age of twenty-five years, and no other, shall be eligible to election to membership on the Board of Education of the City of Elberton. Paragraph stricken. Substitute. Women eligible.
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Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. ELBERTON TAX EXEMPTION, ELECTION AS TO. No. 367. An Act to authorize the Mayor and Council of the City of Elberton, Georgia, to call an election at such times as they may desire to submit to the qualified voters of said city the question of exempting from taxation certain properties as are mentioned in Article seven, Section two, Paragraph two a of the Constitution of the State of Georgia, to provide who shall vote in said election, how the ballots shall be prepared and counted, the results declared, and to comply with all requirements of the Constitution of this State as occurs in the article, section and paragraph above referred to, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the Mayor and Council of the City of Elberton, Georgia, are hereby authorized to call an election at such times hereafter as they may desire for the purpose of submitting to the qualified voters of said city the question of whether or not the city taxing authorities may exempt from taxation such properties as is provided in the Constitution of this State, contained in Article seven, Section two, Paragraph two a. Election as to one-year tax exemption of farm products (Park's Code, 6554). Sec. 2. Be it further enacted by the authority aforesaid, That if a majority of the voters qualified to vote for Mayor and Council of said City of Elberton, Georgia, shall vote for exemption of taxation of the property above referred to, then the city taxing authorities shall not tax such property for the time provided in the Constitution of this State. If a majority of the qualified voters of said city shall vote against exemption
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of taxation of property above referred to, then the city taxing authorities shall not exempt such property from taxation. Sec. 3. Be it further enacted by the authority aforesaid, That the manner of holding the election, the preparation and counting of the ballots, the declaration of the results, shall be the same as now provided for the holding of elections for Mayor and Council, or by such ordinances as the Mayor and Council shall hereafter provide. Conduct of election. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. ELLIJAY SCHOOLS, REPEAL OF ACTS AS TO. No. 446. An Act to repeal an Act of the General Assembly, approved November 29, 1897, and the several Acts amendatory thereto, constituting the present charter of the City of Ellijay, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act of the General Assembly, approved November 29, 1897, entitled An Act authorizing and empowering the Mayor and Council of the City of Ellijay to create a debt not to exceed five thousand ($5,000.00) dollars; for the purpose of erecting and furnishing a suitable school building for said Town of Ellijay, and to purchase a suitable site on which to erect same; to provide for the payment of the same when due, and provide for the selection of trustees to take charge of such building, and for other purposes, be and the same is hereby repealed. Authority to create debt to erect school, etc., repeated. Sec. 2. Be it further enacted by the authority aforesaid, That an Act approved August 13, 1915, entitled An Act to
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amend an Act approved August 14, 1909, incorporating the City of Ellijay, by adding to said Act provisions providing for the establishment in said city of a system of public schools; to define the basis upon which said schools shall be conducted; the qualification of students eligible to be admitted thereto; the levy and collection of taxes for the construction, support, conduct, and maintenance thereof, and for other purposes, be and the same is hereby repealed. Act to establish school system repealed. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 13, 1924. FRANKLIN SPRINGS, CHARTER OF CITY OF. No. 284. An Act to incorporate Franklin Springs in the County of Franklin and State of Georgia, to grant certain privileges to said city; to prescribe and define its corporate limits; to provide for the election of a Mayor and Council of said city; to prescribe their duties, powers, qualification, and manner of their election and terms of their offices; to provide for the government of said city; to provide for the exercise of the right of eminent domain in and by said city; to provide a system of taxation for said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the inhabitants of the territory hereinafter described be and the same are hereby incorporated under the name and style of City of Franklin Springs, and by that name shall be and are hereby invested with all the rights, powers and privileges incident to municipal corporations in this State; and the said City of Franklin Springs created by this Act, may sue and be sued,
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contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact such ordinances, rules and regulations, for the transaction of its business and the government of said city consistent with the laws of the State of Georgia and of the United States, and said City of Franklin Springs shall be legally authorized to hold, receive, enjoy, possess and retain in fee simple, or fee for a term of years, any estate or property real or personal, within or without the limits of said city for corporate purposes. General powers. Sec. 2. Be it further enacted that the government of said city shall be vested in a Mayor and four Councilmen. The following shall compose the Mayor and Council: Mayor, G. F. Taylor; Councilmen, J. H. King, R. H. Lee, J. H. Shealy, and I. M. Parham; who shall hold office until the next regular election and until their successors are elected and qualified, and they and their successors shall have all the powers given by this Act. Mayor and councilmen named. Sec. 3. Be it further enacted that on the first Wednesday in December of each and every year hereafter there shall be elected a Mayor and four Councilmen, whose term of office shall be one year and until their successors are elected and qualified. In case of a vacancy the remaining Mayor and Council shall perform all the duties of the council, provided there is a quorum. In case there is not a quorum the remaining Mayor or Councilmen may call an election to fill all vacancies, after giving ten days' written notice, said election to be held under same rules as general elections. Said Mayor and Council shall have the authority to provide by ordinances, rules and regulations governing elections, registration, voting, declaring results, filing and hearing contests, and all other matters connected therewith. A Mayor pro tem shall be elected by Mayor and Council, who shall discharge all duties of Mayor in his absence or disqualification, or on his failure to act; said Mayor pro tem to be elected from the members of council. Election of successors. Vacancies. Mayor pro tem. Sec. 4. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall extend one-fourth
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of a mile from the corner-stone of the Pentecostal Holiness Printing Press building at said Franklin Springs (which said corner-stone is the southeast crner of said Printing Press Building) in every direction; that is to say said incorporation or incorporated boundary shall be circular, with said corner-stone of said printing press building as a center, and said incorporated boundary shall extend one-fourth of a mile from said corner-stone in every direction. Corporate limits. Sec. 5. Be it further enacted, That the qualified voters of said city shall be those qualified to vote for members of the General Assembly of Georgia in said County of Franklin, and who have resided six months immediately preceding an election within the corporate limits of said city and shall have paid all taxes due by them to said city, including fines and street tax, and shall have registered as prescribed by said Mayor and Councilmen, in the event said Mayor and Council shall by appropriate ordinances provide for the registration of voters. Qualifications of voters. Sec. 6. Be it further enacted by said Mayor and Council, before entering upon the duties of their respective offices, shall take and subscribe the following oath, administered by any person authorized to administer oaths, to-wit: I do solemnly swear or affirm that I will faithfully discharge all the duties encumbent on me as Mayor (or Councilman) of the City of Franklin Springs, according to the best of my ability, so help me God. Said oath shall be subscribed to and recorded on the minutes of the council of said city. Oath of Mayor and Councilmen. Sec. 7. Be it further enacted, That at the first regular meeting of the Mayor and Council of said city after their election and qualification they shall elect a city clerk, who shall be ex officio tax-collector and clerk of the mayor's court of said City of Franklin Springs; a marshal or police, and as many policemen as they think necessary, said officers to take such oath, perform such duties, and give such bonds as the Mayor and Council may by appropriate ordinance prescribe, provided that all bonds shall be payable to City of Franklin Springs. Said Mayor and Council shall have authority to fix
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all salaries for Mayor and Council and other officers and agents of said city, which when once fixed shall not be diminished or increased during the term of office for which determined, and the Mayor and Council elected at the first election held for the election of Mayor and Council shall fix their own salary, and shall fix the salary for the Mayor and Council for the ensuing year, provided no member of Council or Mayor who is re-elected shall have any vote on the salary for the following year, provided his vote is to increase said salary, and each outgoing Mayor and Council shall fix the salary of the Mayor and Council for the following year. All officers shall hold their offices at the pleasure of the Mayor and Council. All moneys shall be paid out by order drawn by city clerk and countersigned by Mayor. Said Mayor and Council may, if they deem it best, elect a city treasurer, whose duty it shall be to hold all moneys belonging to said city, and his salary may be fixed as the salaries of policemen are fixed. The salaries of all officers and agents of said city to be fixed by the Mayor and Council who elect them, only the salary of Mayor and Council to be fixed by the outgoing Mayor and Council. Clerk, ex-officio Ta Collector, etc. Marshal policemen. Bond. Salaries. Terms of officers. Treasurer. Sec. 8. Be it further enacted that said Mayor and Council shall have the power and authority to provide for the arrest, trial and punishment of offenders against any ordinance, by-laws, rules or regulations of said city, by fine or imprisonment, or both fine and imprisonment, or by work on the streets, provided no fine shall exceed the sum of two hundred dollars or work on the streets for more than thirty days, or both maximum fine and work may be imposed. Penal ordinances. Sec. 9. Be it further enacted, That all the elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said city, shall be superintended by a justice of the peace and two freeholders, all of whom shall be citizens of said city, provided a justice lives in said city who will act; and in the event said justice will not act or there is no justice in said city, then any justice of the peace in the County of Franklin may act, and each of said managers, before entering on his duties, shall take and subscribe before some officer authorized to administer
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oaths the following oath: We and each of us do swear that we will faithfully and impartially conduct this election and prevent all illegal voting, to the best of our skill and power, so help me God. Said managers shall keep or cause to be kept two lists of voters and two tally sheets. All elections shall be held at the place provided for the meeting of the Mayor and Council in said city, and voting shall be by ballot, the polls shall open at 9 o'clock A. M. and close at 3 o'clock P. M., sun time. Managers for all elections shall be appointed by the Mayor and Council. Elections, how conducted. Oath of election managers. Sec. 10. Be it further enacted, That said managers shall certify two lists of voters and two tally sheets, and shall place the same, together with the ballots in a sealed package, together with a certificate showing the result of the election, signed by said manager, and deliver them to the Mayor forthwith, who, with the Council, shall open the same and declare the results, if no notice of contest has been given. If notice of contest has been given, then all further proceedings shall be postponed until the contest shall have been determined. If the result of any election held in said city, notice of contest shall be filed with the clerk of the Council within two days after such election, setting forth all the grounds of contest, and, upon the payment of ten dollars in advance to the said clerk within two days, said clerk shall cause a copy of said notice to be served by the policeman on the contestee, if said contest is for an office; and if the result in any election in which any question is submitted is contested, the said clerk shall cause notice served on the Mayor of said city and published one time in some newspaper in said city or by placing notice on the city-hall door; said Mayor shall fix the time for hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before the hearing. The contestor shall pay the policeman or marshal, if the chief of police goes by that name, for serving said notice. The Mayor and Council are authorized to hear and determine the contest, and the losing party shall pay all cost, for which said Mayor and Council are authorized to render judgment, and said clerk to issue
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execution thereon, which shall bear test in the name of the Mayor and be signed by the clerk. Election returns. Contest of election. Sec. 11. Be it further enacted, That no person shall be eligible to the office of Mayor or Councilman of said city unless he shall have resided in said city one year preceding his election, and shall be a qualified voter in municipal elections for officers of said city and a freeholder who owns realty in said city. Qualifications of Mayor and Councilmen. Sec. 12. Be it further enacted, That during the sickness, absence, or disqualification of the Mayor, the Mayor pro tem, or in his sickness, absence, or disqualification, any one of the Council chosen by the Council, shall be clothed with all the rights and privileges of the Mayor and shall perform the Mayor's duties. Absence of Mayor and Mayor pro tem. Sec. 13. Be it further enacted, That the Mayor or Mayor pro tem and three members of Council constitute a quorum for the transaction of any business before the Council, and the majority of the votes cast shall determine all questions and elections before the Council. On all questions before the City Council, the Mayor, or Mayor pro tem if he is presiding, shall be entitled to vote only in case of a tie. Said Mayor and Council shall hold their meetings within the limits of said city and at such place and time as they see proper. Quorum. Sec. 14. Be it further enacted, That if in the investigation of any case before the Mayor of said city, or acting Mayor, it should appear that the penal laws of said State have been violated, it should be the duty of the Mayor, or acting Mayor, to bind over the offender or offenders to answer such offense to the proper tribunal competent to try the case. Commitment for State offense. Sec. 15. Be it further enacted, That the Mayor of said City of Franklin Springs shall be chief executive officer of said city. He shall see that the laws, ordinances, rules are faithfully enforced and executed. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of Mayor and Council if present. Mayor's duties.
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Sec. 16. Be it further enacted, That it shall be the duty of said clerk to collect all taxes, licenses, fines and assessments mady by Mayor and Council, keep a record of all meetings, and record same in book for that purpose, and do any other business required of him by Mayor and Council. Clerk s duties. Sec. 17. Be it further enacted, That the Marshal of said City of Franklin Springs shall be empowered to levy all executions in favor of said city; and all executions issued by authority of said Mayor and Council, whether for ad valorem, business tax, assessment or any other, or for fines, licenses, or any other claims or demands of said city shall be directed as hereinafter described; and the said marshal shall have authority to levy and collect the said executions, advertise and sell property, real or personal, levied on thereunder, and make all deeds where sales are made under executions. The marshal shall have the same authority to place purchasers at Marshal's sales in possession as sheriffs have, and deeds to real estate sold by the marshal under execution shall have the same force and effect, and shall be admitted in evidence as are Sheriff's deeds in this State. The marshal of said city shall have other and further powers as may be conferred or imposed upon him by ordinances and by Mayor and Council of the City of Franklin Springs. Marshal's duties. Deeds by Marshal. Sec. 18. Be it further enacted, That there shall be a Mayor's Court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the Mayor as often as necessary. In the absence or disqualification of the Mayor, the Mayor pro tem shall hold said court, and in the absence or disqualification of the Mayor pro tem any one of the Councilmen chosen by the Council may hold said court. Said court shall have power to preserve order and compel the attendance of witnesses, and to punish for contempt by imprisonment not exceeding thirty days in the city prison of Franklin Springs, or by fine of not exceeding twenty-five dollars. Said fine may be collected by execution, to be issued by the clerk against the estate of the offender, if any estate be found, and if none, the offender may be imprisoned or worked on the streets of said city. Said Mayor's Court shall have
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power to impose the following penalties for the violation in any place of said city, public or private, of any ordinance of the city passed in accordance with its charter: fines not exceeding two hundred dollars, imprisonment in the city prison not exceeding thirty days, or work on the streets or public works of said city for a term not exceeding thirty days, and any one or more of these punishments may be imposed in the discretion of the court. Fines imposed as provided for in this section may be collected by execution, to be issued by the city clerk against the estate of the offender, if any estate be found, if none the offender may be imprisoned or worked on the streets or other public works as provided for in this section. The city clerk and marshal are hereby constituted officers of said court. There shall be no appeal from Mayor's Court, but dissatisfied parties may certiorari case to Superior Court as provided by law. Mayor's court. Penalties. Certiorari. Sec. 19. Be it further enacted, That the Mayor and Council of Franklin Springs shall have power to organize one or more work gangs and to confine at labor therein persons who have been sentenced by the court of said city to work upon the streets or other public works of said city, and shall have the power to make all rules and regulations that may control said work gangs, and to enforce the same through its proper office. Work gangs. Sec. 20. Be it enacted, That the marshal or any marshal of said city shall release any person arrested within the corporate limits of said city upon said person giving a bond to be approved by the Mayor of said City of Franklin Springs, conditioned to pay a certain amount to the obligee in said bond in the event the said person arrested and giving said bonds does not appear before the corporate authorities of the city at the time and place specified in said bond, and from time to time until said person arrested is tried for the offense for which he or she was arrested; and should said person fail to appear at the time and place fixed in said bond, said bond may be forfeited before the Mayor's Court of the City of Franklin Springs, as the Mayor and Council may by proper ordinance provide. Said Mayor and Council shall have the power to compel the
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attendance of witnesses by imprisonment if necessary, and to take bonds to secure their attendance, and to forfeit said bonds before the Mayor's Court, and to pass ordinances to carry those provisions into effect. Appearance bonds. Sec. 21. Be it further enacted, That said Mayor and Council shall elect three upright taxpayers and owners of real estate, as tax assessors, who shall serve at the pleasure of said Mayor and Council. It shall be the duty of said tax assessors to assess the value of all taxable property in said city, both real and personal property, of every description. Said assessors shall make return of the assessment made by them to the Mayor and Council at such time as the Mayor and Council may direct. When said return is made said Mayor and Council shall fix a time and place for hearing objections to the assessment, said objections to be heard by the Mayor and Council, and notice of said assessment shall be given every owner of property of the assessment fixed by the assessors, and the time and place fixed by said Mayor and Council for hearing objections to said assessment, ten days before the date fixed for hearing objections, said notice to be given by the clerk. All assessments shall be final if no objection is made on or before the time set for hearing objections. If objections are made to the assessment of the assessors the decision of the Mayor and Council hearing said objections shall be final unless said objecting party desires to have the value of the property passed upon by arbitrators, in which case the City of Franklin Springs shall, through its Mayor and Council, select one arbitrator, the dissatisfied taxpayer shall select another arbitrator, and if the two cannot agree upon the value of the property, said arbitrator shall select a third arbitrator, and the decision of a majority of said arbitrators shall be final. Said arbitrators must be citizens of Franklin County, and must not be citizens of the City of Franklin Springs. Said arbitrators shall make their report to the Mayor and Council, and said Mayor and Council shall notify said taxpayer of the finding of said arbitrators. Tax-assessors. Objections to assessment. Arbitration. Who may act as abritrators. Sec. 22. Be it further enacted, That the Mayor and Council shall have the power and authority to provide by ordinance
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when the taxes of said city shall fall due, and in what length of time said taxes shall be paid, when executions shall be issued against all persons who have not paid their taxes and fix a penalty for the nonpayment of taxes when due. Tax payments, time of. Sec. 23. Be it further enacted, That executions for any and all taxes or fines, fees, forfeitures or demands due the city, or its corporate authorities, against any person or persons, firm, company or corporation, shall be issued, by the clerk of said city, bear test in the name of the Mayor, and be directed to the marshal of said city, commanding him that of any property belonging to the defendant against whom said execution is issued they make by levy and sale the amount due on said execution and cost. The Mayor and Council of said city shall provide by ordinance for advertising of, method of conducting, and all other regulations governing, the sales by the marshal under city executions. Executions; sales. Sec. 24. Be it further enacted, That said Mayor and Council shall have power to pass all necessary ordinances for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace of any citizen or citizens of said city, and any and all ordinances for the security, peace, health, order, and good government of said city. Police ordinances. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 22, 1924. GORDON; ELECTION OF MARSHAL; CLERK TO BE TREASURER. No. 276. An Act to amend the Act to create and establish a new charter for the City of Gordon, approved August 21, 1916, by providing that the marshal of said city be elected by the Board of Council instead of by popular vote; and to abolish the office of treasurer of said city, providing that the clerk
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of the City of Gordon shall be ex-officio treasurer, and for other purposes. Section 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 create and establish a new charter for the City of Gordon, approved August 21, 1916, be and the same is hereby amended by striking all of Section 8 of said Act, and inserting in lieu thereof the following, so that when said section shall be amended it shall read as follows: Ga. L. 1916, p. 717, amended. Sec. 8 stricken. Sec. 8. At the election at which the mayor shall be elected there shall be elected also a city clerk, who shall be ex-officio tax-collector and treasurer, and an auditor, each of whom shall hold office for two years, and until his successor is elected and qualified. The clerk shall receive a salary not exceeding two hundred and fifty dollars ($250.00) a year, which compensation shall remain the same during the term of office. The auditor shall receive such compensation as is fixed by the Board of Council. Aldermen, when not otherwise prohibited by law, but not the mayor, shall be eligible to election as clerk or treasurer. The city clerk shall give a satisfactory bond, to be approved by the Board of Council, in the sum of one thousand ($1,000.00) dollars. Each of said officers shall discharge the duties hereinafter prescribed, or which may be required of him by ordinance of the Board of Council, and shall, before entering upon the discharge of his duties, take and subscribe the following oath: I do solemnly swear (or affirm) that I will faithfully and impartially discharge my duties as (in whatever capacity) serving City of Gordon, during my term of office, to the best of my skill and ability, so help me God. The cost of all surety bonds of bonded officers shall be paid out of the city treasury. Substitute. Clerk to be ex-officio Treasurer. Sec. 3. Be it further enacted by the authority of the aforesaid, That Section 19 of said Act be amended by striking from said section in line three the words by popular vote, and inserting in lieu thereof the words, by the Board of Council, and striking in said section in line three the word same and all of line four and the word elected in line
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five, and inserting in lieu thereof the following: First meeting in January, 1925, and on the first meeting in each year thereafter, so that when said section shall have been amended, to read as follows: Sec. 19 amended. Sec. 19. The police force of the city shall consist of a marshal, who shall be chief, and one assistant marshal, both of whom shall be elected by the Board of Council at the first meeting in January, 1925, and on the first meeting in each year thereafter, and shall serve for one year and until their successors are elected and qualified, but said marshal and assistant marshal may be suspended or removed from office as provided in Section four. Said marshal and assistant marshal shall take such oath and give such bond as shall be required by ordinance, and receive such compensation as may be fixed by the Board of Council, which shall not be changed during their respective terms of office; shall be allowed no cost or extra compensation. Emergency policemen may be appointed by the mayor or elected by the Board of Council, to serve temporarily during said time as said mayor or mayor and council may deem necessary, and shall receive such compensation as the Board of Council may fix. It shall be the duty of the police officer to make arrest, in the manner prescribed by law, of persons charged with violations of the laws and ordinances of the city, or the penal laws of the State, to prosecute offenders in the police court, and, when necessary, in the State courts, and, in general, to preserve good order and enforce the laws throughout the city, as well as perform any and all other duties required of them by ordinance. They may be suspended for failure to perform any duty by order of the mayor, and if the charges be sustained, may be removed by the Board of Council. Marshal and assistants to be elected by Board of Council. (2) The police force shall be armed and so uniformed as to be readily recognized by the public as police officers, the arms only to be furnished at the expense of the city. Sec. 3. Be it further enacted by authority of the aforesaid, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved July 18, 1924.
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GRAYMONT, CHARTER OF CITY OF. No. 456. An Act to incorporate the City of Graymont, in the County of Emanuel and State of Georgia; to define its limits; to provide for a mayor and councilmen and other officers for said city; to prescribe their duties, qualifications and powers; to provide contests of elections; to provide for the enacting of all necessary ordinances and to provide penalties for a violation of the same; to provide for the holding of elections for the issuing of bonds for any and all public improvements or for maintaining of the same; and to provide for the issuing of the same; to provide for acting in conjunction with the municipal authorities of the City of Summit in establishing or maintaining a school, electric lights, waterworks, or sewerage systems, or for the erections of school building, to provide a revenue for said city, and to provide for tax assessors and their powers and duties; to provide for the condemnation of property, for the laying out and opening up of streets, alleys, etc.; to regulate the erection of houses and to designate the fire limits of said city; to abate nuisances and to regulate the sanitary condition of said city, and to provide for all other purposes of municipal concern not herein especially mentioned. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the City of Graymont, in the County of Emanuel, and the State of Georgia, be, and the same is, hereby incorporated as a city, under the name and style of the City of Graymont. The corporate powers of said city shall be vested in a mayor and five councilmen, who shall be styled the City Council of the City of Graymont, and by that name may sue, and be sued, plead and be impleaded, and may exercise all other corporate powers that may be necessary in performing their duties and in properly administering the affairs of said city. Corporate name and powers. Sec. 2. Be it further enacted, That the corporate limits of said city shall be a circle one mile in diameter, the center of
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which shall be a point one hundred and fifty-eight yards from the Georgia and Florida Railroad depot in said city, and being a point 58 degrees west of south from the center of said railroad depot as now located. Corporate limits. Sec. 3. Be it further enacted, That..... shall be, and is made Mayor of the City of Graymont; that..... shall be or are hereby made councilmen of the said City of Graymont and that..... shall be and is hereby made Clerk of Council and Treasurer of the City of Graymont; and that all of the above named parties shall hold offices until the first Wednesday in January, 1925, and until their successors are elected and qualified, such officers being subject to impeachment and dismissal from office, and all other pains and penalties as are provided in this Act. Mayor and Councilman. Term of Office. Sec. 4. Be it further enacted, That on the first Wednesday in January, 1925, and annually thereafter, elections for mayor and five councilmen shall be held in and for said city, and the officers thus elected shall hold office for a period of one year and until their successors are elected and qualified. The place for holding said election shall be designated by the city council, and if held at any other place than in the city council chamber notice thereof shall be given by posting two or more notices, one at the door of said city council chamber, and one at any other public place in the said city, stating the place where said election will be held, the same to be posted not more than thirty days nor less than five days prior to said election. Said election shall be held by and be under the management and control of one justice of the peace and two freeholders all residents of said city, or by three resident freeholders selected by the mayor or mayor and councilmen of said city; provided, that if no one be selected the citizens of the city make the selection; provided further, that no one shall be qualified to hold said elections who is himself a candidate for any officer in said city, and for which the election is being held. The polls in all elections for said city shall be opened at 9:00 o'clock A. M., and shall be closed at 3:00 o'clock P. M., standard time, and in all other respects shall be held under
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the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of said State, in so far as said rules and regulations are applicable and not in conflict with this Act. Election of Mayor and Councilmen. Sec. 5. Be it further enacted, That the managers of elections in said city shall take before some officer authorized to administer oaths, or administer to each other the following oath: I....., do solemnly swear that I will faithfully perform the duties of manager of this election to the best of my ability and understanding, and I will prevent fraudulent and illegal voting, without fear or favor to any one, so help me God. Managers of election. Oath. Sec. 6. Be it further enacted, That immediately after the polls are closed said managers shall count or complete counting the ballots cast, and after the same shall have been counted the tally sheets and list of voters shall be certified in writing by said managers in substantially the following language: Election returns. We do hereby certify that the foregoing sheets or pages constitute the tally-sheets (or lists of voters, as the case may be,) of an election for....., held by us this.....Day of....., 192....., and that they are an accurate and faithful record of the names and number of voters in said election. This.....day of....., 192..... ....., Manager. ....., Manager. ....., Manager. The tally-sheets and lists of voters shall then be sealed up together in an envelope and delivered to the clerk of said City Council to be by him filed of record in his office. The ballots shall likewise be sealed up and delivered to said clerk and by him filed of record in his office. Said election managers shall on the day of holding said election file with the clerk of said City Council a written report of the result of said election, showing the number of votes cast and for whom. Upon
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the filing of said report the mayor and council shall on the same day or as soon thereafter as possible declare the result of said election, and such declaration shall be entered of record by the clerk on the minutes of said meeting, and if no notice of contest is filed as is hereinafter provided said newly elected officers shall at once take the oath of office and enter upon the discharge of their duties, but in case the election of any officer should be contested, or notice of the same filed as by this Act provided, then said officer shall not take this oath of office or enter upon the duties of said office until said contest shall have been determined. At the expiration of thirty days after said election, if no contest be filed, or filed when finally determined or withdrawn or abandoned the clerk shall burn said ballots without examining the same. Contest of election. Sec. 7. Be it further enacted, That the term of office of the mayor and council for said City of Graymont shall be for one year or until the first Wednesday in January after their election, and they shall serve until their successors are elected and qualified. No one shall be eligible for the office of mayor of said city who has not resided in the same the twelve months next preceding his election, and who is not at the date of his qualification at least twenty-five years of age; and no one shall be eligible for the office of councilmen of said city who is not at the date of election twenty-one years of age, and who has not resided in said city six months next preceding his election. The mayor and each councilman shall before entering upon the discharge of his duties take before some officer authorized by law to administer oaths the following oath: I do solemnly swear that I will well and truly demean myself as mayor (or as councilman, as the case may be), of the City of Graymont for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor to any one, so help me God. Terms of office. Eligibility. Oath. Sec. 8. Be it further enacted, That all persons who are qualified to vote for members of the General Assembly of said State, and who shall have paid all taxes legally imposed upon them by the authority of the State or by the City of Graymont,
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the same to include not only the usual ad valorem or property tax, but all street tax, or business, or specific tax, and which they have had an opportunity of paying agreeable to law, and who shall have resided in the County of Emanuel twelve months and in the City of Graymont six months next preceding the election at which he proposes to vote, and who have registered as hereinafter provided, and none other shall be qualified to vote in any election held in and for said City of Graymont. Qualifications' of voters. Sec. 9. Be it further enacted, That the registration book hereinafter provided for shall, at the opening of the polls, upon every election held in said city, be placed in the hands of the managers of the election by said city council or said clerk, and no one shall be allowed to vote in said election whose name does not appear on said registration book, without taking the oath provided in Section ten of this Act for parties registering, and in addition thereto taking the following oath, which election managers are allowed to administer; I do solemnly swear that my name has been legally registered for the election now being held and that I know of no cause why I should not be allowed to vote in said election, and that my name has not been stricken or erased from the registration book by my consent or authority. Registration of voters. Oath of voter. Sec. 10. Be it further enacted, That no person shall be allowed to vote in any election held in and for said city for any purpose or purposes herein provided for who has not been duly registered as hereinafter provided; that it shall be the duty of the clerk of said city council to open and keep open at his office each day except Sundays and legal holidays, and at such hours as the mayor and council may prescribe, a book for the registration of all voters, alphabetically arranged, in which book all qualified voters of said city may register at any time up to the closing of said book, ten days prior to each election. Said book shall be opened at least sixty days before any regular election, and at least thirty days before any special election and shall show the color, age, occupation, and date of registration of party so registering. All persons registering shall apply before said city clerk in person, and shall register
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for himself if able to do so, and if not able have the clerk to do so for him. Before registering his name, or having the clerk to do so for him, he shall take the following oath, which may be written or printed at the beginning of said registration book, or at the top of the page on which registration is had, to-wit: I....., do solemnly swear that I am twenty-one years old (or will be on the..... day of....., 192....., next); that I have resided in the County of Emanuel during the last twelve months (or will have by the date of the next regular or special election) and in the City of Graymont six months next preceding the next general or special election, or will have so resided on the date of said election; that I am a qualified voter for members of the General Assembly of Georgia, and that I have paid all taxes legally imposed upon me by the authority of the State or by the City of Graymont, the same including not only the usual ad valorem or property tax, but all street tax or business or special tax, so help me God. Time of registration. Oath of voter. Sec. 11. Be it further enacted, That any person voting illegally at any election held in and for said City of Graymont under the authority of this Act, shall be guilty of a misdemeanor, and be liable to prosecution in any court of this county competent to try misdemeanor cases and having jurisdiction over offenses committed in said city, and upon conviction shall be punished as is prescribed in Section 1039 of the Penal Code of Georgia of 1895. Illegal voting. Sec. 12. Be it further enacted, That should any contest arise over the results of any election for mayor or councilmen it shall be determined as follows: The contestant shall, when the result of said election is declared and before the oath of office is taken by the party whose election he desires to contest, file with the clerk of said city council a written notice signed by himself or his attorney stating that he will contest said election stating the name of the party whose election he will contest, and shall file with the Clerk of the Superior Court of said county five days thereafter his petition to the said court plainly, fully and distinctly setting forth his ground of complaint or contest, and the same shall be disposed of by said court as other like matters are. Contest of election.
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Sec. 13. Be it further enacted, That whenever a vacancy from death, removal, resignation or otherwise shall occur in the office of mayor or councilmen, the remaining members shall immediately proceed by election to fill the vacancy, and the officer so elected by the remaining members of the council shall fill the unexpired term of the officer in whose place he was elected, as though he had been voted for in a regular city election. Should the mayor or any member of the council fail or refuse to perform the duties of his office for a term of four months consecutively, the office may in the discretion of the remaining members of the council, be declared vacant, and the vacancy filled as in case of vacancy caused by death, removal or resignation. Vacancy in office. Sec. 14. Be it further enacted, That at the first meeting of said city council after the passage of this Act, and at the first meeting each succeeding new council, or as soon thereafter as convenient, the said city council shall elect from its own body a mayor pro tem, who shall and is hereby empowered to discharge all the duties devolved upon the mayor when he cannot act on account of disqualification, absence from the city, sickness or other good and sufficient cause. In case of the inability of the mayor and the mayor pro tem to discharge their duties the same may be discharged by any member of the council, selected by that body. Mayor pro tem. Sec. 15. Be it further enacted, That at the first meeting after each annual election, or as soon thereafter as convenient, and at any time that a vacancy may occur, said city council shall elect any person whom they see fit to elect, and who is not a member of their own body, to the office of clerk of the city council, to the office of treasurer, and to the office of chief marshal. The office of clerk and treasurer may be filled by one person if in the discretion of the council the same is best. The said council may at all time elect as many assistant marshals as they see fit, or the mayor shall and is hereby authorized, to fill said positions, in case, or cases of emergency, said appointment made by him shall only be good until the next regular meeting of the council. Said city council may also employ such legal counsel as they may desire to assist
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them in the discharge of their duties and in representing said city. Said clerk, treasurer and marshal so elected shall each take an oath to faithfully and impartially discharge the duties of his office to the best of his skill, knowledge and ability without favor or affection to anyone, and shall give to the mayor and council of said city a bond in such an amount as may be fixed by said mayor and council, said bond to be approved by said mayor and conditioned for the faithful performance of their duties. When any of said officers are appointed by the mayor he shall administer to them the usual oath, and may require bond if he deems the same to be necessary. Clerk, Treasurer, Marshal, etc. Oath of officers. Sec. 16. Be it further enacted, That said clerk, treasurer and marshal shall receive such salary or fees, or salary and fees, as the council may fix and deem just and proper, the same to be fixed on their election to said office, and the marshal's salary being subject to change at any time. The mayor shall receive such salary as the council may fix for his services, and the mayor and council shall enjoy such exemptions as may be provided by the ordinances of said city. Pay of officers. Sec. 17. Be it further enacted, That the mayor or mayor pro tem, and three councilmen, or four councilmen when necessary to elect one from their number to preside, shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a smaller number may adjourn from day to day. The mayor and council may hold monthly or semi-monthly meetings as they may decide upon and may adjourn from day to day or any day they may see fit. The mayor or acting mayor may order such call meetings as emergencies in his judgment may require. Meetings of Mayor and Council. Quorum. Sec. 18. Be it further enacted, That said city council shall have and are hereby given general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, commons and public squares of said city, and may provide against obstruction and nuisances thereon. They may lay off, vacate, close, open, alter, curb, pave and keep in good order roads, streets, alleys, sidewalks, crosswalks, drains, and gutters for
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the use of the public and of the citizens thereof, and shall have power to improve and light the same, and keep them free from obstruction of all nature and may prvent the placing thereon of any grass, stones, sticks, fruits, vegetables or anything calculated to cause inconvenience to the inhabitants of said city or to make said streets or sidewalks unclean or unsightly; they may regulate the running of cars propelled either by steam or electricity, or gasoline or kerosene within the city limits and shall have power to make such regulations as they may deem proper relative to the keeping of fireworks, gun powder, dynamite, or other explosives or combustibles, or inflamable oils or chemicals in said city; they shall have power to prevent the running at large of hogs, cattle, and animals of all kinds, in said city and may impound the same if found at large, and may punish the owners of said animals for permitting them to so run at large in said city; they shall have power to erect, maintain, or regulate markets in said city, to prescribe for opening and closing the same and to designate the territory in which they shall be run; to have power to regulate butcher pens and other places where butchering is done in said city, and to prevent the same from being done in said city limits to provide for the inspection of all meats offered for sale or animals killed for sale therein. They shall have power to provide in or near said city places for the burial of the dead and to regulate interments therein and to prevent burials at any other places in said city; they shall have power to designate fire limits and to provide means for extinguishing fires in said city to regulate or prohibit of any building except of stone or brick in the business portion of said city; to protect the property in or the persons of the citizens of said city and to preserve peace and good order therein. And for this purpose to appoint sufficient police force to assist the marshal in the full discharge of his duties to prescribe the powers and to fix the duties of the various officers elected or appointed by them and to fix their terms of office and compensation, and to require and take from such officers bonds as they deem proper and to administer the said officers the proper oaths of office; to erect; authorize, or prohibit the erection of gas works, water works or electric light systems in said city and
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to regulate the erection of same, and to grant or refuse franchises for any or all of these purposes; to provide for and regulate the weighing of hay, cotton or other articles, in said city; to provide a revenue for said city and the payment of its expenses; to provide tax assessors for said city and their duties and to adopt such rules and regulations of its own body as may seem proper to them and generally to have and enjoy all powers and perform all duties enumerated in Section 696 of the Political Code of Georgia 1895, which are not in conflict with this Act. Powers as to streets, etc. Nuisances. Powers. Policemen. Sec. 19. Be it further enacted, That the mayor and council shall have power to levy such taxes as may be allowed under the Constitution of said State for the purpose of raising a sufficient revenue to defray the ordinary current expenses incident to support and maintenance of said city government and for this purpose may levy and collect an ad valorem tax upon every species of property within the corporated limits of said city which is not exempt by the laws of said State. They may also levy a special tax upon all trades, businesses, occupations, theatrical exhibitions or other performances carried on in said city, including circuses, shows of all kinds, itinerant traders, peddlers, auctioneers, and all trades, games or occupations as they may deem proper; Provided the same is not prohibited by the State law. They shall also have power to tax license and regulate tenpin alleys, billiard or pool tables, or to prohibit or remove the same for cause as they may deem proper and necessary. Taxation. Sec. 20. Be it further enacted, That all male persons residents in said city and who shall have resided in the same fifteen days shall be liable and subject to street duty and may be required to work upon the streets of said city not exceeding fifteen days in each year and at such time and place as the said mayor and council may require. Provided however that no one who is not subject to road duty under the laws of said State shall be subject to street duty in said city. Provided further that any party shall have the right to relieve himself from street duty by paying such commutation tax as may be required of him not exceeding five dollars nor less than two
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dollars per year. Should any person liable to street duty under said section fail or refuse to perform the same when legally notified by said mayor and council or anyone authorized to give said notice by them shall be deemed a defaulter and may be tried in the Mayor's Court of said city for the same, and upon conviction shall be fined in a sum not to exceed twenty dollars or be imprisoned in the guard house not to exceed thirty days or be confined at hard labor in the chain-gang of said city not to exceed thirty days. Said mayor and council are hereby authorized to pass such ordinances as they may deem proper for the purpose of enforcing this section. Street duty. Commutation Tax. Penalty on dafaulter. Sec. 21. Be it further enacted, That said city council shall have and are hereby given the right and power to organize chain-gangs or work-gangs or other means of confinement and to confine at labor therein for a term not to exceed three months. Persons convicted of violating the ordinance of said city, provided, said penalty shall be in effect only as an alternative of failure or refusal to pay fines imposed for such violations. Provided, That no one shall be confined in the guard house of said city for a term longer than thirty days, or be fined more than one hundred and fifty dollars ($150.00) or less than one dollar ($1.00.) Chain-gang or work-gang. Punishment for violating ordinance. Sec. 22. Be it further enacted, That the arresting officer of said city may take bond for the appearance of any offender arrested for a violation of said city ordinances, and that said city council shall have full power and authority to provide for the forfeiture of bonds given by offenders for their appearance before the Court or Courts of said city and to provide for the collection of the same from the principal and surety and to such bond by judgment, execution and sale. Appearance bonds. Sec. 23. Be it further enacted, That said city council be and they are hereby authorized to establish a system of public or common schools for said city upon complying with the following requirements, to-wit: Before any public or common school shall be established for said city to be maintained at the expense of the same, the mayor, upon the recommendation of the majority of the whole council shall advertise
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an election in the Gazette in which the Sheriff's advertisements are printed once a week for four weeks, to be held at such places in said city as the mayor and council may designate at which all persons qualified to vote for mayor and councilmen of said city and no other shall be qualified to vote. Said election shall be conducted in the same manner as is provided for elections of said city held for mayor and councilmen. It shall be the duty of the electors of said election to endorse on their ballots For Public Schools or Against Public Schools, and if two-thirds of all qualified voters voting in same election shall be found to have voted for public schools, then said city council shall establish one or more public schools for each of the two races within said city, to be maintained in whole or in part at the expense of said city by local taxation, provided that no local tax levied and collected for said purpose shall in any one year exceed one-fourth of one per cent. on the taxable property of said city. School system, election as to establishing. Tax for schools. Sec. 24. Be it further enacted, That said city council may order an election to be held in said city on the question of issuing bonds of said city for public improvements, especially for the purpose of purchasing land on which to locate any of said improvement buildings, and for erecting school buildings and providing furniture, apparatus for the same, also for erecting gas works, electric lights, water works system, either one or all, and for the purpose of maintaining the same. Notice of said election shall be given in the same manner as is provided for elections public or common schools in Section twenty-two (22), and the election shall be held in the same manner as is provided for all other elections in said city so far as same be applicable. All parties qualified to vote for mayor and councilmen of said city, and no others, shall be qualified to vote for the purposes enumerated in this section, and all ballots in such elections shall have printed thereon the words For Bonds or Against Bonds. If two-thirds of the qualified voters of said city voting at said election shall vote for bonds the city council shall and they are hereby authorized and empowered to issue bonds of said city not to exceed in the aggregate the sum of thirty thousand dollars ($30,000.00) and of such denominations
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as the city council shall determine. Said bond shall bear interest not to exceed six per cent. per annum which interest shall be paid annually. Said bonds shall be signed by the mayor of said city and shall be countersigned by mayor and council and shall be negotiated in such a way and manner as said city council shall determine to be the best interest of said City of Graymont. Bond issue, election as to. Limit of bond issue. Interest. Sec. 25. Be it further enacted, That the funds arising from the sale of said bonds shall be placed on deposit in a bank selected by said city council, to be used by a board or a committee appointed by the mayor and ratified by the council, for buying lands or buildings or buying lands and erecting buildings and properly equipping the same, or for buying or erecting any of the improvements mentioned in the preceding sections of this Act, or for maintaining the same, as they shall deem best for said city. Funds from sale of bonds. Sec. 26. Be it further enacted, That said city council shall annually levy and collect a sufficient tax on the taxable property of said city to pay the interest on said bonds as the same shall become due and also to provide for the redemption of said bonds as the principal shall become due. Tax to pay bonds. Sec. 27. Be it further enacted, That should any person violating any of the ordinances of the city flee from the jurisdiction thereof, he may be apprehended wherever found in said State, and the warrant of the mayor, mayor pro tem, or a recorder of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any persons after trial and conviction of a violation of an ordinance of said city escape, he may be apprehended wherever found in said State, and the warrant of the mayor, mayor pro tem or recorder shall be sufficient authority for his arrest and return, and all persons so escaping from the custody of said city may again be tried for such escape and be punished as for other offenses against said city, as provided by the ordinances thereof. Arrest of fugitives. Sec. 28. Be it further enacted, That the city council of the said City of Graymont may and they are hereby authorized to act in conjunction with the authorities of the City of Summit,
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Georgia, in purchasing, erecting or maintaining any public improvement such as school buildings, school systems, electric lights, gas lights, water works, sewerage systems, authorized by the charter of both of said cities and which are to be used jointly for the benefit of both. Authority to join with City of Summit in improvements. Sec. 29. Be it further enacted, That said city shall have and is hereby given all powers and is authorized to exercise all the duties embodied in the general laws of the State of Georgia, relating to towns, villages and cities embraced in Title seven of the Political Code of 1895, and not in conflict with this Act. Powers Sec. 30. Be it further enacted by the authority aforesaid, That this Act shall become effective immediately upon the ratification of the Act repealing the charter of Twin City and not otherwise. Effective when charter of Twin City is repealed See new charter of Twin City, post. Sec. 31. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924. GRIFFIN; AUTHORITY TO CLOSE STREET AND CONVEY LAND TO BOARD OF EDUCATION. No. 381. An Act to authorize and empower the City of Griffin, in the County of Spalding, to close and vacate all that portion of South Fifth Street, for its full width, including sidewalks, situated, lying and being between the north line of East Poplar Street and the south line of East Taylor Street in said City of Griffin; to authorize and empower the said City of Griffin, through its Board of Commissioners, to convey by deed of gift and for school purposes all of the aforesaid portion of said South Fifth Street to the Board of Education of Griffin, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the City of Griffin, in the County of Spalding, be and it is hereby authorized and empowered to close and vacate all that portion of South Fifth Street for its full width including sidewalks, lying and being between the north line of East Poplar Street and the south line of East Taylor Street in the said City of Griffin; and to convey same by deed of gift to the Board of Education of Griffin, and its successors in office for school purposes. Power to close part of South 5th Street. Conveyances to Board of Education. Sec. 2. Be it further enacted by the authority aforesaid, That the City of Griffin, through and by its Board of Commissioners, is hereby authorized and empowered to make, execute and deliver all and singular the necessary papers or instruments of conveyance in the premises, and to authorize its Board of Commissioners for the City of Griffin to sign said papers or instruments of conveyance and affix the seal of the city thereto; and the said City of Griffin is further authorized and empowered to do and perform any and all other or further Acts necessary in the premises relative to the conveyance of said portion of aforesaid street to the said Board of Education of Griffin. Execution of papers. Sec. 3. Be it further enacted by the authority aforesaid, That the Board of Education of Griffin, and its successors in office, shall have the right, power and authority to perpetually use, occupy and posses the hereinbefore described tract of land for school purposes or any kindred purpose, including drill field, athletic field, parade ground and playground, provided that should said tract of land ever be sold by the said Board of Education of Griffin or its successors in office the funds so derived are to be reinvested for the benefit of the public schools of Griffin. Use of land for school purposes, etc. Sale and reinvestment. Sec. 4. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 7, 1924.
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GRIFFIN COMMISSIONERS, INCREASE OF, AND ELECTION, POWERS, ETC.; REFERENDUM. No. 281. An Act to amend an Act entitled An Act to revise and consolidate the several Acts of the General Assembly granting and amending the charter of the City of Griffin, in Spalding County, Georgia; to amend the charter of said city; to declare the rights and powers of said municipality, and for other purposes, approved July 21, 1921, so as to provide for five (5) commissioners for said city instead of three (3); to provide the manner of nominations and election of said commissioners; to provide for a chairman and how he shall be elected; to provide for a quorum of said commissioners; to provide for a referendum election to determine whether this Act shall become effective, 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, That Section three of the above decided Act be amended as follows: By striking the word Three in line three of Section three of said Act and inserting in lieu thereof the word Five so that said section when amended shall read as follows: The municipal government of said city shall consist of a commission of five citizens, who shall be known as the Board of Commissioners for the City of Griffin; said commissioners shall be the legislative and governing authority of said city. Amendment. Sec. 2. Be it further enacted, That the following section be added to said above decided Act, same to be known as Section three-a: One of said five commissioners shall be elected from each of the four wards of the City of Griffin and one shall be elected from the city-at-large, same to be elected by the qualified voters of said city. Five commissioners. Sec. 3. Be it further enacted, That the first election under this amended charter shall be held on the first Wednesday in December, 1924. Election.
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Sec. 4. Be it further enacted, That Section seven of said above Act be amended as follows: By striking from said Act said Section seven and adding in lieu thereof the following to be known as Section seven: Should there be more than two candidates from any of said wards or more than two candidates from the city at large, a majority of the qualified votes cast shall be necessary to elect the candidate. In case there is a tie vote between the candidates in any ward or city at large or in case any candidate or candidates fail to receive a majority of the votes cast in said election, a new election shall be ordered by the Ordinary of Spalding County, in not less than ten days or more than fifteen days from the election, which election shall be only between the candidates of the ward or city at large receiving the same number of votes or between the two receiving the highest number of votes in the ward or wards or city at large where none of said candidates receive a majority of votes cast, and this election shall be held under the same rules and regulations governing the first election; and elections shall be called as often as may be necessary by the ordinary until the candidate or candidates may be elected. Amendment Substitute for Sec. 7. Majority necessary to elect. New election, if no majority. Sec. 5. Be it further enacted by the authority aforesaid, That said Act be amended by striking from said Act Section ten and adding in lieu thereof the following to be known as Section ten: Substitute for Sec. 10. The commissioner elected from the city at large shall be designated chairman. Commissioner from city at large. to be Chairman. Sec. 6. Be it further enacted by the authority aforesaid That said Act be further amended as follows: By striking from line one of Section nineteen of said Act the word Two and inserting in lieu thereof the word Three so that said section when amended shall read as follows: Three commissioners shall be a quorum. Quorum. Sec. 7. Be it further enacted by the authority aforesaid, That said Act be further amended as follows: By striking from line eight of Section twenty of said Act the word Two and inserting in lieu thereof the word Three so that said section when amended shall read as follows: Whenever any
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legislation shall be proposed, it shall be reduced to writing and shall be acted upon by said commission, which shall have the authority to approve or disapprove or to amend the same. In no case shall an ordinance be put upon its passage unless it has been read at two separate meetings of the board. It shall take at least three members of the commission to act. Three commissioners to act in passing ordinances. Sec. 8. Be it further enacted by the authority aforesaid, That this Act shall not become operative unless and until approved by a majority vote of those voting at a popular election to be held as hereinafter provided. This act not operative until approved at election. Sec. 9. Be it further enacted by the authority aforesaid, That a special election shall be held in the City of Griffin, under the same rules and regulations as a regular city election, on the third Wednesday in October, 1924. The ballots for said election shall have written or printed thereon the words: For amending the charter of City of Griffin to provide for five commissioners or Against amending the charter of City of Griffin to provide for five commissioners. And if a majority of those voting in said election cast their ballots For amending charter of City of Griffin to provide for five commissioners, then this Act shall become operative and be in full force and effect. The cost of said election to be paid by City of Griffin as in regular city elections. Conduct of election. Form of ballots. Sec. 9-a. The polls for said special election shall open at 7:00 o'clock A. M. and close at 6:00 o'clock P. M. on the third Wednesday in October, 1924, and all citizens qualified to vote in the general election of the City of Griffin and all those who may qualify on or before the first Wednesday in September, 1924, shall be entitled to vote in said special election, and should those vested with the power and authority to call and hold general election for the City of Griffin fail or refuse to carry out the provisions of this Act, then in that event it shall be the duty of the Ordinary of Spalding County to call and provide for the holding of said special election as hereinbefore or hereinafter provided. Qualifications of voters. Ordinary to call election if city authorities fail to do so.
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Sec. 10. Be it further enacted by the authority aforesaid, That the City Manager of said City of Griffin shall publish a notice of said election in the local newspaper once a week for four weeks prior to date of election. Notice of election. Sec. 11. Be it further enacted by the authority aforesaid, That the managers of said election shall canvass the results of said election and certify the results thereof to the city manager by noon of the day following the election, and the city manager shall record the same on the minutes of the Board of Commissioners. Certification of result. Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 22, 1924. GRIFFIN CORPORATE LIMITS EXTENDED. No. 411. An Act to amend an Act of the General Assembly of Georgia, approved July 21, 1921, entitled An Act to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, in Spalding County, Georgia; to amend the charter of said city; to declare the rights and powers of said municipality, and for other purposes, by extending the corporate limits of the said City of Griffin so as to include therein sixty-one (61) acres of land, more or less, off of land lot number one hundred seventy-four (174) in the second land district of originally Monroe, then Pike, now Spalding County, Georgia, and known as part of blocks number two (2), nine (9), and ten (10), and all of blocks numbers three (3), four (4), five (5), six (6), seven (7) and eight (8) of the Mrs. A. B. Kincaid subdivision as shown by plat or survey made by N. S. Westbrook, C. E., of Griffin, Georgia, and recorded in deed book forty-five (45) page 392 of clerk's
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records Spalding County Superior Court, including all streets and sidewalks in said tract and the Dixie Highway on the northeast side of said tract, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the corporate limits of the City of Griffin, as defined in an Act of the General Assembly of Georgia, approved July 21, 1921, entitled An Act to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin in Spalding County, Georgia; to amend the charter of said city; to declare the rights and powers of said municipality and for other purposes, be and the same are hereby extended so as to add thereto and include therein all the following territory and tract of land, to-wit: Sixty-one (61) acres of land more or less, off of land lot number one hundred seventy-four (174) in the second land district of originally Monroe, then Pike, now Spalding County, Georgia, and known as parts of blocks numbers two (2), nine (9) and ten (10) and all of blocks numbers three (3), four (4), five (5), six (6), seven (7), and eight (8) of the Mrs. A. B. Kincaid subdivision as shown by plat of survey made by N. S. Westbrook, C. E., of Griffin, Georgia, and recorded in deed book number forty-five (45), page three hundred ninety-two (392) of clerk's records, Spalding County Superior Court, including all streets and sidewalks in said tract of land and the Dixie Highway on the northeast side of said tract; all of which said tract of land is more particularly described as follows: Beginning at a point on the present line of the city limits of the City of Griffin, Georgia, said point being twenty (20) feet in a northeasterly direction from the easterly edge of concrete pavement of Dixie Highway on the southeast limits of the City of Griffin, as shown on Plat of Kincaid's subdivision and in addition to City of Griffin, Georgia, which plat is recorded in deed book number forty-five, page 392 of clerk's records of Spalding County Superior Court, thence southeasterly along a line parallel with said easterly edge of Dixie Highway concrete pavement a distance of sixteen hundred forty (1640) feet more or less to intersection with
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the east line of land lot number one hundred seventy-four (174), thence south fifteen (15) minutes east along said land lot nine hundred sixty-five (965) feet, more or less, to the southeast corner of the herein described tract of land; thence southwesterly along the south line of block number five (5), as shown by aforesaid plat of survey, south eighty-seven (87) degree, forty-five (45) minutes, west two hundred five (205) feet; thence south eighty-three (83) degrees, fifty-five (55) minutes, west one hundred seventy three and nine-tenths (173.9) feet; thence south sixty-nine (69) degrees, forty-five (45) minutes west one hundred forty-four (144) feet, thence north fifteen (15) minutes, west fifty and three-tenths (50.3) feet; thence south eighty-nine (89) degrees, forty-five (45) minutes, west four hundred (400) feet to the southeast corner of block number seven in aforesaid plat; thence north fifteen (15) minutes west, eighty-five (85) feet along west line of Bieze Street to southeast corner of lot number fifteen (15) of block number seven (7) of aforesaid plat of survey; thence south eighty-nine (89) degrees, forty-five (45) minutes, west two hundred (200) feet; thence northeasterly along south side of block number seven (7), north fifteen (15) minutes, west three hundred eighty-six (386) feet; thence north thirty-seven (37) degrees fifty-seven (57) minutes west, six hundred forty (640) feet to intersection with westerly property line; thence north one (1) degree, twelve (12) minutes west one hundred thirty (130) feet more or less; thence south eighty-seven (87) degrees, fifty-nine (59) minutes west, one hundred twenty-five (125) feet, more or less; thence north forty-seven (47) degrees five (5) minutes west along south line of block number ten (10) of aforesaid plat of survey nine hundred fifty-five (955) feet, more or less, to intersection with line of present city limits of the City of Griffin, Georgia; thence northeasterly along said city limits line a distance of fourteen hundred seventy-five (1475) feet, more or less, to point of beginning and containing sixty-one (61) acres of land, more or less, including all blocks of lots, sidewalks, streets and highway inclosed within the foregoing description. Territory included. Sec. 2. Be it further enacted by the authority aforesaid, That the territory above described and the people now or
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hereafter residing or being therein, and the property now or hereafter located therein or constructed thereon shall be subject to all the laws relating to, and ordinances of the City of Griffin. Sec. 3. Be it further enacted by the authority aforesaid, That the above described territory shall form and be a part of the Third Ward of the City of Griffin until otherwise declared by ordinance or the proper authorities shall re-district the City of Griffin. New territory to be on Third Ward. Sec. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924. HAPEVILLE; ABUTTING OWNERS TO PAY COST OF IMPROVEMENTS. No. 292. An Act to amend an Act, entitled, An Act to incorporate the City of Hapeville, Georgia, and for other purposes, approved September 15, 1891, and the several Acts amendatory thereof, to provide for the laying of sidewalks in said city and to provide a method of payment by abutting property owners, and to authorize said city to assess abutting property owners for sidewalks in front of their property; to repeal Section 51 of An Act to amend an Act, approved September 15, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and the several Acts amendatory thereof, so as to extend the corporate limits of said City of Hapeville; to give the City of Hapeville jurisdiction beyond the incorporate limits and extend a prescribed distance for police and sanitary purposes, and the abatement of nuisances, and for other purposes, said Act being approved August 15, 1910, and for other purposes.
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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That an Act entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, approved September 15, 1891, and the several Acts amendatory thereof, be and the same are hereby amended so as to authorize and provide as follows: Act amended. Section 1. That on and after passage of this Act, Section 51 of the charter of said city be and the same is hereby amended by striking therefrom the words one-half of which shall be paid by the City of Hapeville and the other half shall be paid by the property owner or owners respectively, in front of whose premises it may be made, and by inserting in lieu thereof the following words: The cost of which shall be paid by the abutting property owners in front of whose premises such improvements may be made, and when any improvement as mentioned herein shall have been duly passed by resolution or ordinance, the same shall be published in front of the city-hall for at least thirty (30) days preceding the commencement of work, said notice to contain the name of street or streets that the improvements are to be made upon, the character and nature of improvements to be made and the names of abutting property owners, and such notice shall be deemed sufficient notice to all property owners affected by said improvements, and any person or persons affected by said improvements may at any time during the thirty (30) days period of publication before the commencement of work file with the clerk of said city objections to the same which shall fully and distinctly set forth in writing the objections thereto, and upon the filing of said objections the same shall be heard at the next regular council meeting and disposed of or continued upon legal showing at the instance of either party, or by consent of both; and until the objections are disposed of, all work shall stand in abeyance, and if upon a hearing the objections are sustained by a majority of council, the resolution or ordinance provided for the payment shall stand repealed ipso facto, but if overruled, the work shall proceed without further notice, and the abutting property owners shall also be notified of the improvements contemplated in the
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following manner: The marshal, constable or clerk shall cause to be served on the owner or owners of the abutting property, or the tenant in possession, if the property is occupied by some one other than the owner, or, if vacant, shall securely tack and fasten upon a post, tree, or other object on the premises, a written notice of said contemplated improvement, at least twenty-five (25) days before the date of the next regular meeting of council, which said notice shall be in writing, signed by the clerk of said city, or some one authorized by him, setting forth the street or streets upon which said improvements are to be made, the nature and character of the improvements and the date of the ordinance or resolution authorizing the same, and where the owner or owners of the property are non-residents and the address is known, service shall be deemed sufficient when the clerk of said city shall deposit in the United States post-office in the Town of Hapeville a notice addressed to the owner at his last known address or his most notorious place of abode at least twenty-five (25) days before the next regular meeting of council; and if the owner is unknown or his address is unknown, the notice by publication as heretofore provided shall be deemed sufficient. Words stricken. Substitute. Cost of improvement; to be paid by abutting property owners. The Mayor and Council may allow said improvements to be paid for by the property owners in such installments as they may deem proper, but shall have a lien on all abutting property for the payment of all such improvements, said lien to date from the date of the resolution or ordinance ordering and directing that such improvements be made. Should such improvements not be paid for by the abutting property owner or owners within thirty (30) days after demand, the collection thereof may be enforced by execution against the lands, goods and chattels of such owner, said execution to be issued and enforced in the same manner as tax executions, or executions for taxes due said City of Hapeville. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 25, 1924.
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HAZLEHURST BOARD OF EDUCATION; SCHOOL LIMITS, ETC. No. 254. An Act to amend an Act approved December 18, 1901, authorizing the establishment of a system of public schools in the Town of Hazlehurst, Georgia, as amended by an Act approved August 17, 1903, providing for the election of the members of the Board of Education, and as amended by an Act approved August 15, 1922, regulating the charges for tuition and matriculation fees, and so as to provide by said bill for the election and qualification of a Secretary and Treasurer of the Board of Education of the City of Hazlehurst; to prescribe his duties and powers; to provide for the payment direct to such secretary and treasurer of all funds belonging to the school fund of said City of Hazlehurst, Georgia; to give to said Board of Education full legal entity and power to borrow money; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act of the General Assembly of Georgia, approved December 19, 1901, authorizing the establishment of a system of public schools in the Town of Hazlehurst, Georgia, as amended by an Act of the General Assembly of Georgia, approved August 17, 1903, providing for the election of the members of the Board of Education of the Town of Hazlehurst, Georgia, and as amended by an Act, approved August 15, 1922, regulating the charges for matriculation and tuition, be and the same is hereby amended, as follows: (1) That Section (3) three of the Act approved August 17, 1903, extending the limits of the school corporation beyond the town limits, is hereby repealed. Section repealed. (2) That Section (9) nine of the Act approved August 15, 1922, and recorded on pages 875 and 876 of the Act of 1922, except the first twelve (12) lines of said Section nine, is hereby repealed, and that the provisions set forth in the said first
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twelve lines be amended as follows: By striking from the third line of said section the word January, and inserting in lieu thereof the word June, and by adding after the words succeeding year in the third line of said section the words or as soon thereafter as practicable, and by striking from the first twelve lines of said section the word town wherever the same occurs, and inserting in lieu thereof the word city, so that said section when thus amended shall read as follows: Amendments To read. Sec. 9. Be it further enacted, by the authority aforesaid, That as early as practicable, after the ratification of this Act, and by the fifteenth day of June of each succeeding year, or as soon thereafter as practicable, the Board of Education shall find out what amount of money it will be necessary to raise by taxation to defray the expenses of said school for the ensuing year, and shall lay the same before the Mayor and Council of said city, and the said Mayor and Council of said city shall be required to levy and collect the same, provided said amount does not exceed one per centum of the taxable property of said city, and in the same manner as other taxes of said city are levied and collected, without additional expense therefor. Estimate of Board of Education as to school expenses for ensuing year. Tax for school. Sec. 2. Be it further enacted by the authority aforesaid, That Section one, of the Act of the General Assembly of Georgia, approved August 17, 1903, be and the same is hereby amended by striking from the fifth and sixth lines of said section the words and at the same time that the town officers are elected, and by striking from the ninth and tenth lines of said section the sentence after the next election there shall be one member elected each year for a term of five years, so that said section when so amended shall read as follows: Amendment. To read. 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 members of the Board of Education of the Town of Hazlehurst shall be elected by the qualified voters of said town in the same manner that the town officers are elected; said Board of Education's term of office shall be as follows: One member shall be elected for one year, one for two years, one for three years, one for four years, and one for five years. Election of Board of Education. Terms.
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Sec. 3. Be it further enacted by the authority aforesaid, That the Act approved August 17, 1903, recorded on page 243 and 244 of the Acts of 1903, be further amended as follows: By adding between Sections one and two, a new section, to be be known as Section 1 (a) to read as follows: Section 1-a. All vacancies which occur in the membership of said board by death, resignation or otherwise, shall be filled by new members, to be elected by the qualified voters of the City of Hazlehurst, and the Mayor and Aldermen of the City of Hazlehurst are required to call an election to be held within thirty days after said vacancy, or vacancies, occurs; to be held on a day to be named by them, of which not less than fifteen days notice is to be given by publication of notice in two separate issues in some newspaper having a general circulation in the City of Hazlehurst, and by posting a notice before the council room of said city, for a period of two weeks, provided, further, that the Mayor and Council of said City of Hazlehurst shall, immediately upon the approval by the Governor of this amendment, call an election for all members of the school board of the said City of Hazlehurst, to be held within thirty days from the approval of this amendment, in which notice shall be given, as above specified, of the time of holding said election, in which election there shall be one member elected for a term ending on the first day of May, 1925; one for a term ending on the first day of May, 1926; one for a term ending on the first day of May, 1927; one for a term ending on the first day of May, 1928, and one for a term ending on the first day of May, 1929, and thereafter the regular election for members of said school board shall be held on the first Tuesday in April of each year, and on the first Tuesday in April, 1925, and annually thereafter except as herein provided for filling vacancies, one member shall be elected for a term of five years. Each candidate for office as a member of the School Board shall designate which position he is applying for and such designation shall appear on the ballots cast in such election, and each member of said board shall hold his office until his successor is elected and qualified. Election of School board.
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Sec. 4. Be it further enacted, by the authority aforesaid, That Sections four and five of the Act of the General Assembly of Georgia, approved December 18, 1901, recorded on pages 427, 428, 429, 430 and 431, of the Acts of 1901, be and the same are hereby repealed, and, in lieu thereof, it is hereby enacted by the authority aforesaid, That the officers of said School Board shall consist of a president and vice-president, both to be elected by said board annually, from among the members of the said Board of Education, and, also, a secretary and treasurer, whose terms of office shall be for one year, and shall expire on the first day of May in each year, provided that the treasurer may also be the secretary. Sec. 5. Be it further enacted, by the authority aforesaid, That it shall be the duty of the secretary to keep an accurate record of all of the proceedings of said Board of Education, including an accurate statement, in detail, of all motions and resolutions passed by said board and of all contracts entered into by them, with superintendent, teachers or others, and an accurate record of all warrants, or orders, drawn for the disbursement of any of the funds of said Board of Education. Before entering upon his duties, he shall take and subscribe an oath before some officer authorized to administer oaths, obligating himself to faithfully and impartially discharge the duties required of him. Sec. 6. Be it further enacted by the authority aforesaid, That the Treasurer of said Board of Education shall take and subscribe to an oath for the faithful performance of his duty, and for the faithful accounting for all money coming in his hands as such Treasurer, and shall execute and file with said Board of Education a bond in the sum of five thousand dollars, payable to said board, with good security, conditioned upon the faithful performance of his duty, said bond to be approved by said board. It shall be his duty to receive and collect from the State of Georgia and from the Treasurer of the City of Hazlehurst, from the patrons and pupils of the public schools all funds belonging to the school fund of the City of Hazlehurst, and to safely keep the same and not to pay out any of said sum except upon the approval of the Board of Education
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of said city, in open session, and upon orders or warrants issued by the Secretary and President, or Vice-President, of said Board of Education. Sec. 7. Be it further enacted by the authority aforesaid, That Section six of the Act approved December 18, 1901, be, and the same is hereby amended, by adding at the end of said Section six the following words: And said Board of Education is hereby made a corporate body with the right to sue and be sued and to do and perform all of the duties and to exercise all of the powers given and granted into corporate bodies of like character, and the said Board of Education of the said City of Hazlehurst shall have the power and authority, whenever they deem it necessary, to borrow money, in sufficient amounts to operate the schools of the said City of Hazlehurst, provided said board shall at no time borrow a greater sum than the aggregate of the school fund in one year. Corporate powers of board. Sec. 8. Be it further enacted by the authority aforesaid, That Section eight of the Act approved December 18, 1901, is hereby amended, as follows: By striking from the second line thereof the words Mayor and Council, and inserting in lieu thereof the words Board of Education, and by striking from the seventh line of said Section eight the words Town Treasurer, and inserting in lieu thereof the words Treasurer of the Board of Education, and by striking from the last two lines of said Section eight the words including the year 1902, so that said Section eight, when thus amended, shall read as follows: Amendment. To read. Sec. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of the Board of Education to have, prepare and furnish the State School Commissioner, immediately on the passage of this Act, and annually thereafter, on the first day of December in each year, a list of census of pupils residing in said town, entitled to the State school fund, and the said State School Commissioner shall pay over to the Treasurer of the Board of Education of said City of Hazlehurst such proportion of the State school fund as said pupils are entitled to under the law. Census of pupils. Share of State fund.
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Sec. 9. Be it further enacted by the authority aforesaid, That the Board of Education and the Secretary and Treasurer of said board shall, on demand, submit all its records, vouchers and other documents at least once a year for auditing and examination to such expert accountants as may be designated by the Mayor and Aldermen of the City of Hazlehurst, said expert accountant shall by the first day of July in each year make a complete report of all funds received by the Treasurer of said board and all sums disbursed by him, showing in detail the sources of revenue and the amount of each, which report, after approval by said board, shall be recorded upon the minutes of said board, and said minutes and all other records of said Board of Education and its officers shall be open to the inspection of any citizen of the City of Hazlehurst. Auditing. Sec. 10. Be it further enacted by the authority aforesaid, That the Act approved August 15, 1922, and the Act approved December 18, 1901, and the Act approved August 17, 1903, and all other Acts pertaining to the Town or City of Hazlehurst, Georgia, be and the same are hereby amended, as follows: By striking out the word town wherever the same occurs and inserting in lieu thereof the word city. Amendment. Substituting City for Town. Sec. 11. Be it further enacted by the authority aforesaid, That if any part of parts of this Act shall be held to be unconstitutional by the courts, the remaining sections shall not be affected thereby. Act not invalidated by void part. Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 7, 1924.
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HAZLEHURST; ELECTIONS, TERMS OF OFFICE; MAYOR'S SALARY; DISCHARGE OF OFFICERS; BUSINESS TAX; AUDITING; TREASURER, ETC. No. 256. An Act to amend an Act creating by substitution a new charter of the City of Hazlehurst, in the County of Jeff Davis, approved August 18, 1919, and Act amendatory thereof; to revise, consolidate and amend the several Acts pertaining thereto; to prescribe the duties of the Treasurer for the payment of funds levied and collected for school purposes, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That amended Section nine of the Act approved August 18, 1919, entitled An Act to amend an Act by substitution of an Act, be amended by striking the words That the terms of office of Mayor and Council shall be two years until their successors are elected and qualified, and the first shall be held on the first Tuesday in April, 1923, and biennially thereafter, of said amended Act aforesaid, and inserting in lieu thereof the following provisions, so that said Section nine when so amended shall contain an original Section and subsections a and b as follows: Amendments. Sec. 9. Be enacted, That the term of the Mayor shall be one year and until his successor is elected and qualified, and the first election hereunder shall be held on the first Tuesday in April, 1925, and annually thereafter. Mayor's term; election. (a) That on the first Tuesday in April, 1925, five aldermen shall be elected, three for a term of one year and two for a term of two years, and until their successors are elected and qualified. When announcing for any election as herein provided, the candidates for council shall designate for what term they desire to be elected and it shall be so printed on the ballot. Election and terms of Aldermen.
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(b) At the next election (April, 1926) after that herein provided to be held on the first Tuesday in April, 1925, and annually thereafter, there shall be an election for a mayor and three aldermen, unless more are to be elected by reason of death, resignation or otherwise, and at said annual elections two aldermen shall be elected for a term of two years and one for a term of one year, and until their successors are elected and qualified. Any candidate offering for the unexpired term of any member of the council in any annual or special election shall be designated as such on the official ballot, and shall be elected only for such unexpired term as designated, and until his successor is elected and qualified. Annual elections. Sec. 2. Be it further enacted by the authority aforesaid, That Section 28 of said Act aforesaid be amended by striking the word two in the sixth line as amended and inserting in lieu thereof the word one, so that said Section twenty-eight when so amended shall read as follows: Amendment. To read. Sec. 28. The Mayor, until otherwise provided by ordinance shall receive a salary of two hundred and fifty dollars per annum. The Mayor and Council may fix by ordinance the salary of the Mayor, provided, however, that the Mayor shall not be paid more than three hundred dollars per annum. He shall hold office for a term of one year, and until his successor shall be chosen and qualified. He shall be the chief executive officer of the city and shall have general supervision over all of its affairs; sign deeds and contracts, approve all bills and vouchers for the payment of money, and shall be clothed with the veto power as hereinbefore set forth. It shall be his duty to see that the laws of the State and ordinances of the city are faithfully executed within the territory over which the city government extends. He shall keep the council advised from time to time of the general condition of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare thereof. He shall call the council together at any time when deemed necessary by him, and he shall preside over the police court of said city, and shall exercise and be empowered with the duties of judge of the
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police court for the trial of violations of the ordinances of said city as hereinafter provided. Mayor's salary. Sec. 3. Be it further enacted by the authority aforesaid, That Section 32 of said Act aforesaid be amended by striking the words Who shall also be, in the third and fourth lines of said section, and inserting the letter a in lieu thereof; by adding the words Mayor or between the words said council in the tenth line of said section; by adding the words except where otherwise provided after the word prescribe in the thirteenth line of said section, so that when so amended said section shall read as follows: Amendment. To read. Sec. 32. Be it further enacted by the authority aforesaid, That at the first regular meeting of the Mayor and Council each year they shall elect a city clerk, a treasurer, chief of police, a board of health, building inspector, chief of fire department and city attorney, and such other officers and employees as the Mayor and Council may deem necessary for the government of said city. Each of said officers shall be elected for a term of one year unless sooner suspended, removed or discharged by said Mayor or Council, and shall take and subscribe an oath for the faithful performance of their duties, that they are qualified to hold office; and give such bond as the Mayor and Council may by ordinance prescribe, except where otherwise provided. Said bond shall be made payable to the City of Hazlehurst, and shall be approved by the Mayor and Council, and recorded in the book kept for that purpose. Discharge of officers by Mayor or Council. Sec. 4. Be it further enacted by authority aforesaid, That Section 34 of said Act aforesaid be amended by striking the words keep, subject to the direction of the city council, in the second and third lines of said section, and inserting in lieu thereof the words immediately turn over to the treasurer of the city, by adding after the word city, in the fourth line of said section, the words: or any fund for school or other purposes, so that said Section 34 when so amended shall read as follows: Amendment.
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Sec. 34. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk to collect and immediately turn over to the treasurer of the city all money due or belonging to the city, or any fund for school or other purposes, except as hereinafter provided; to be custodian of the books and records of the city and to preserve a minute of all the Acts and doing of each meeting of the city council; to be ex officio clerk of the police court of said city, and to perform all such other duties as are required of him from time to time by the ordinance, rules and regulations of the city council. Clerk to collect School fund and turn it over. to treasurer. Before entering upon the discharge of the duties of his office he shall take before some officer authorized to administer oaths in this State an oath to faithfully and honestly discharge the duties of his office, and shall execute such bond in such sum as shall be required of him by the city council, with good and sufficient security, to be approved by the Mayor and Council. He shall keep a separate and correct list of all the separate and distinct funds received and disbursed, so at all times to show the true condition of such funds. He shall also make general and special reports in the manner and at the times when called upon by the city council to do so. Sec. 5. Be it further enacted by authority aforesaid, That Section 71 of said Act aforesaid be amended by adding the following: Provided that nothing herein contained shall be construed to empower the City of Hazlehurst to put a professional tax on auctioneers or salesmen of any farm produce. Tax on sale of farm produce, not authorized. Sec. 6. Be it further enacted by the aforesaid, That Section 82 of said Act be amended by adding a subsection thereto to be known as Subsection a, so that when said section is amended it shall contain the original and Subsection a, which said Subsection a shall read as follows: (a) That the books, records and accounts of every department, officers or employee of the City of Hazlehurst shall be audited by an expert accountant during the month of May in each year, and said Mayor and Council shall require the records of the Board of Education of the City of Hazlehurst to be audited at said time as provided by the act creating the
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Board of Education of the City of Hazlehurst. Said audit when completed shall be published in one issue of the public gazette of the county or posting in a conspicuous place in the council chamber of said city for sixty days, and shall at all times be open to inspection by any citizen of the City of Hazlehurst. Auditing accounts. Sec. 7. Be it further enacted by the authority aforesaid, That the Treasurer of the City of Hazlehurst shall be the disbursing officer of the funds of said city, and that all funds, except funds for the support of the public schools of said city, shall be disbursed by voucher of the treasurer countersigned by the mayor. The school funds coming into his hands shall be paid out as hereinafter provided. Disbursements by treasurer. Sec. 8. Be it further enacted by the authority aforesaid, That on the first business day in each calendar month the Treasurer of the City of Hazlehurst shall pay over to the Treasurer of the Board of Education of the City of Hazlehurst any and all funds collected by said City of Hazlehurst by any means for the support and maintenance of the public schools of said city, to be used by said board for the sole purpose of operating the public schools of said city as provided by law, and require his receipt therefor, and each of said receipts shall be filed for use in auditing said accounts. City treasurer to pay school funds to treasurer of board of education, etc. The Treasurer of the City of Hazlehurst shall keep a separate record of all funds collected separately listed and deposited in accordance with levy for distribution of various funds, and it shall be unlawful for the treasurer to withdraw, issue voucher or disburse any fund levied and collected to pay interest on the bonded indebtedness and to provide a sinking fund for the retirement of any bonded indebtedness except when withdrawn and applied to the purpose for which collected. Separation of funds. Sec. 9. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Hazlehurst shall provide for all elections for members of the Board of Education of the City of Hazlehurst; issue all calls, general or special, as provided under the Act amending the Act creating the Board
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of Education of the City of Hazlehurst, and all necessary expense of holding such elections shall be a lawful charge against the general fund of said city. Elections of members of Board of Education. Sec. 10. Be it further enacted by the authority aforesaid, That when any action shall be brought in any court of this State to which the City of Hazlehurst shall be a party, service of any and all writs which are required to be served on said city shall be made by personal service of a copy thereof on the Mayor or Mayor pro tem of the City of Hazlehurst. Service of writs. Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 9, 1924. HOGANSVILLE NEW CHARTER. No. 333. An Act to create a new charter for the City of Hogansville in the County of Troup, State of Georgia, heretofore made a body politic and corporate by an Act of the General Assembly, approved December 17, 1901, and to reincorporate said city; to provide that ordinaces, rules, regulations of said city, now in force, not in conflict with this Act, be preserved and continued in full force and effect; to declare the rights and powers of said corporation; to define the rights, powers and duties and qualifications of all officers and the manner of their election and removal from office; to provide the manner and time for elections in said city; to provide for the qualifications of all electors and voters therein; to provide for a Recorder and Recorder's Court and for the trial and punishment therein of all offenders against the laws of said city and the manner of appeal therefrom; to provide for a Board of Health, a Police Department and all other boards and committees; to provide for and authorize the Mayor and Council to maintain, operate, improve and extend the
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present systems of electric lights, water works, and sewerage now owned by said city; to provide for a public cemetery; to lay out, widen, open, close temporarily, pave and keep in good repair all roads, streets, alleys, cross walks, sidewalks and bridges; to provide for the assessment, levy, and collection of an ad valorem tax on all real and personal property within said city; to provide for working the streets of said city; to authorize a tax and license on all kinds of business, trades, professions, shows, exhibitions, and entertainments in said city; to provide for the abatement of nuisances therein; to provide for the barring of unliquidated claims against the city; to regulate and control intoxicants or liquors within said city; to provide for the appointment and pay of tax assessors for said city; to provide for the condemnation of private property for public use; to provide for all matters and things necessary, proper, and incident to a municipal corporation and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the Act entitled An Act to establish a new charter for the Town of Hogansville in the County of Troup, State of Georgia; to grant certain privileges to said town; to repeal all Acts in conflict; to define the limits of same; to provide for the election of officers; to prescribe their duties, rights and powers and for other purposes, approved December 17, 1901, and all Acts amendatory thereto be and the same are hereby repealed, except as provided in this Act. Repeal. Sec. 2. Be it further enacted, That from and after the passage of this Act the municipal government of the City of Hogansville, in the County of Troup, State of Georgia, shall be vested in a Mayor and five (5) Councilmen, who are hereby constituted a body politic and corporate under the name and style of the City of Hogansville and by that name and style shall succeed to all the rights, privileges, and liabilities of the present corporation of said city, and shall have perpetual succession, and shall have power and authority to make, ordain and establish, from time to time, such by-laws, ordinances,
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resolutions, rules and regulations, as shall appear to them necessary and proper, for the good government, security and general welfare and interest of the said City of Hogansville and the inhabitants thereof, and for preserving the health, morals, peace and good order of the same, not contrary to the Constitution of this State. They shall have power and authority in and by said corporate name to contract and be contracted with; to sue and be sued; to plead and be impleaded in any of the courts of this State; to have and use a common seal; to hold all property (both real and personal) now belonging to said city, or which may hereafter be acquired; to acquire such real or personal property by gift, purchase, or otherwise, as may be deemed necessary by said corporate authority for the use of said city, and to manage, sell, lease, improve or rent any of said property as may be deemed advisable for the corporate interest; to maintain, operate and improve and extend the present systems of electric lights, water works and sewerage now owned by said city, and to make all rules and regulations, as in their discretion, are necessary for the proper control of the water, sewerage and lights of the city, and shall have power and authority to enforce said rules and regulations by refusing to supply or continue the supply to any person, firm, or corporation who fails or refuses to comply with their rules and regulations. Corporate name. Mayor and Councilmen General powers. Sec. 3. Be it further enacted, That the corporate limits of said city shall extend as follows: Beginning at a point in the center of Main Street where same crosses the Atlanta and West Point Rail Road main line, as the center of said city, measure three-fourths of a mile in each direction east, south and west and as far north as the south end of the Atlanta and West Point Rail Road trestle or bridge where same crosses Yellow Jacket Creek. Then at the ends of said lines drawn toward the east, south and west from said center draw lines at right angles to same until the east and west lines intersect the lines drawn on the south, then at the end of said trestle or bridge draw a line parallel to the line drawn on the south and extend same until it intersects the east and west lines, thereby making said corporate
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limits in the form of a rectangle extending one and one-half miles from east to west and one and nine-twentieth miles, more or less from north to south. Corporate limits. Sec. 4. Be it further enacted, That, beginning with the year 1924 an election shall be held annually in said city on the first Wednesday in December. That on the first Wednesday in December, 1924, a Mayor and two Councilmen shall be elected who shall serve from the first Monday night in February, 1925, until the first Monday night in January, 1927, and until their successors are elected and qualified. That on the first Wednesday in December, 1924, three councilmen who shall serve from the first Monday night in February, 1925, until the first Monday night in January, 1926, and until their successors are elected and qualified. That on the first Wednesday in December, 1925, and biennially thereafter three councilmen shall be elected whose term of office shall be two years from the first Monday night in January following their election. That on the first Wednesday in December, 1926, and biennially thereafter a Mayor and two Councilmen shall be elected whose term of office shall be two years from the first Monday night in January following their election. Election of Mayor and Councilmen. Terms. That on the first Wednesday in December, 1924, and annually thereafter three School Commissioners shall be elected whose term of office shall be two years from the first Monday night in January following their election. The terms of Mayor, Councilmen and School Commissioners shall continue until their successors are elected and qualified. School Commissioners. Sec. 5. Be it further enacted, That all elections held under the provisions of this charter and all elections in which any subject or question is submitted to the qualified voters of said City of Hogansville shall be superintended and managed by a Justice of the Peace or some other judicial officer and two free-holders who are citizens of said city and own real estate therein, or by three free-holders, all of whom shall be citizens of said city and own real estate therein, and each of said managers before entering on his duties shall take and subscribe before some Justice of the Peace or other officer qualified to
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administer an oath, or before each other, the following oath: We and each of us do swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power, so help us God. Said managers shall keep, or cause to be kept, two lists of voters and two tally sheets. All elections shall be held at the clerk's office in said city and the voting shall be by ballot. The polls shall open at 9:00 o'clock A. M. and close at 4:00 o'clock P. M. The person receiving the highest number of votes for the respective offices shall be declared elected. Elections; Managers. Oath of Managers. The managers of all elections held under the provisions of this charter shall be appointed by the Mayor and Council and shall receive such compensation as the Mayor and Council may annually determine, not to exceed four dollars per day. That the said managers shall certify two lists of voters and two tally sheets and one of said lists of voters and one of said tally sheets shall be placed in the ballot box with the ballots and seal same and shall forthwith deliver the same to the Ordinary of Troup County, Georgia. The other tally sheet and list of voters together with a certificate showing the result of the election signed by said managers, shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same, and at the first regular meeting of the Mayor and Council after said election, deliver said package to the Mayor and Council, who shall open the same and declare the result, if no notice of contest has been filed in writing. If notice of contest has been filed, then all further proceedings shall be postponed until the contest shall be determined. Appointment and pay of Managers. Duties. Sec. 6. Be it further enacted, That all persons qualified to vote for members of the General Assembly in this State, and who shall have paid all taxes, including street tax or duty, legally imposed and demanded by the authorities of said city up to the year of election, and shall have resided in said city six months prior to the election at which they offer to vote, and shall have registered as hereinafter provided, shall be qualified to vote at any election provided for in this charter. Qualifications of voters.
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Sec. 7. Be it further enacted, That no person shall be eligible to the office of Mayor or Council of said city unless he or she is of the age of twenty-one years and a citizen of the United States of America and of the State of Georgia, and has resided in said city for one year immediately preceding his or her election, and shall have registered as hereinafter provided, and shall have paid all taxes, including street tax or duty due to and demanded by said city. Eligibility for office. Sec. 8. Be it further enacted, That the Mayor and each Councilman, before entering upon the duties of his office shall take and subscribe to the following oath: I do solemnly swear that I will well and truly perform the duties of Mayor or Councilman (as the case may be) of the City of Hogansville to the best of my skill and ability and as to me shall seem to the best interest and welfare of said city, without fear, favor or affection, so help me God. Oath of Mayor and Councilmen. Sec. 9. Be it further enacted, That the Mayor shall be the chief executive of the city and shall act as chairman of the Council in all deliberations, unless disqualified, absent, or excused by the Council, in which event any member of the Council may preside or act as such chairman, under the title of Mayor pro tem, whose acts shall be as binding and legal as if done by the Mayor. That the Mayor shall vote only in the case of a tie and shall be especially charged with the duty of seeing that all laws, resolutions and rules of said city are faithfully and fully executed and enforced and that the officers of said city do faithfully discharge the duties required of them. Mayor's duties and powers. Sec. 10. Be it further enacted, That the Mayor and Council at their first regular meeting in each year shall elect one of the Councilmen Mayor pro tem; whose duties shall be to perform all the duties of Mayor in case of death, absence, resignation, disqualification or disability. That in case of vacancy in the office of Mayor, the Mayor pro tem shall perform all the duties pertaining to the office of Mayor until the next regular election, at which time a Mayor, for the unexpired term shall be elected. That in case of a vacancy or vacancies in the office of Councilmen, said vacancy shall be filled by the Mayor and Council
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until the next regular election, at which time said vacancy or vacancies shall be filled by the election of the necessary councilmen for the unexpired term. Mayor pro tem. Vacancy. Sec. 11. Be it further enacted, That the Mayor and Council shall, at their first meeting in each year, elect a clerk and a treasurer. That these offices may be separate or combined, in the discretion of the Council, then in office. Also at the same time they shall elect a marshal, who shall by virtue of his office, be Chief of Police, and they shall also elect a Superintendent of Water and Lights. The salaries of all officials provided for in this section shall be fixed at the first regular meeting in each year and shall not be increased or diminished, except as provided for at the time of their election. All officials provided for in this section shall hold their office subject to the will and pleasure of the Council. That the Mayor and Council may employ such regular and extra police and other help as, in their opinion the best interest of the city may require, provided, however, the Mayor may appoint temporary police in cases of emergency. Clerk; Treasurer; Marshal; Superintendent of water and lights. Police. Sec. 12. Be it further enacted, That the Mayor and Council may, in their discretion, elect a recorder, who shall be a citizen of the City of Hogansville and who shall try all offenders against the ordinaces of said city. In the absence of the recorder, or his disqualification or non-election the Mayor or any one member of the Council may act as such. That the salary of the recorder shall be fixed at the time of his election and shall not exceed one hundred and fifty dollars per annum. Recorder. Salary. Sec. 13. Be it further enacted, That there shall be a Recorder's Court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the recorder in the council room of said city as often as necessary. Said court shall have power to preserve order, compel the attendance of witnesses, resident within or without the limits of the city, to continue cases, assess bail for the appearance of the accused party, to punish for contempt by imprisonment not exceeding ten days or a fine of not exceeding ten dollars; one or both. Said recorder shall have full power and authority,
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upon conviction, to sentence any offender to labor upon the streets or other public works in said city for a period of not exceeding thirty days; to impose a fine of not exceeding one hundred dollars or to sentence said offender to be confined in the guard house or other place of imprisonment in said city not exceeding sixty days, either one or more of said penalties may be imposed in the discretion of the recorder. That parties dissatisfied with the decision of the Recorder's Court may certiorari his case to the Superior Court of Troup County, Georgia. That the recorder or acting recorder shall have full power and authority to administer all oaths and perform all other acts necessary in the conduct of said court, and shall have power and authority, in cases where it is made to appear that a State law has been violated, to bind the offenders over to the proper court of Troup County for trial and to assess bail for his appearance at said court. The rules of the Superior Court shall apply to this court. Recorder's Court. Certiorari. Commitment for State offense. Sec. 14. Be it further enacted, That the Mayor or any two Councilmen may call a special meeting of the Council at any time by giving notice to all members of the Council. The Mayor and three Councilmen or four Councilmen shall constitute a quorum for the transaction of any business, provided, however, that all questions involving the appropriation of money shall require a majority vote of all the Council in favor of such appropriation and the ayes and nays shall be recorded on the minutes. All voting shall be by viva voce. That the regular meetings of the Council shall be held on the first and third Mondays in each month, but this time may be changed by a two-thirds vote of the Council. Meetings. Quorum. Sec. 15. Be it further enacted, That any person, from having seen the crime committed, or upon the information of others, may go before the clerk or in his absence or disqualification before the Mayor or any Councilman and have a warrant issued for the arrest of any offender against the laws of the city. All warrants shall bear test in the name of the Mayor and shall be signed by the clerk or member of the Council issuing same. Warrants for arrest.
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Sec. 16. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the city government, the Mayor and Council of said city 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 limits of said city which is subject to be taxed by the State; said tax not to exceed onehalf of one per cent. upon the value of said property for ordinary current expenses. Said taxes to become due and collectible on the 20th day of December of each year. Tax rate. Sec. 17. Be it further enacted, That any person or persons, firm or corporation owning or controlling any property within the limits of said city on the first day of March in each year, after the approval of this Act shall return same for taxation under oath at any time on and after the first day of April until the first day of June of each year, to the clerk of said city. Tax returns. Sec. 18. Be it further enacted, That the payment of all fines, licenses, taxes and assessments for street and sidewalk paving shall be enforced by execution; said execution shall be issued by the clerk after the last day allowed for payment of same. All executions shall bear interest from the date upon which the taxes or assessments become due at the rate of 7 per cent. per annum and shall bear test in the name of the Mayor and be signed by the clerk, who shall deliver them to the marshal. The marshal shall proceed to collect same, if necessary, by levy andsale of any property of the defendant found within the limits of the city. All executions issued by authority of this Act shall bind all of the defendants property from the date of issue and shall rank as other liens for taxes subject to the laws of this State. All executions shall be directed to the marshal or any policeman of said city, and all sales made by them shall be conducted in the same manner as constables sales except in case of levy upon real estate. In such cases they shall advertise same in the paper published in said city or if none, by posting three or more notices of the sale in conspicuous places in said city for thirty days before the date of sale. All sales shall be on a regular court day of the
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Justice's Court of the 700th District G. M., except in cases of levy on live stock or any thing liable to deteriorate in value, in which event the property may be sold after advertisement for three days. In case of sale of realty the marshal is hereby empowered to make the purchaser a deed to same and put him in possession of the premises. Executions. Sales. Sec. 19. Be it further enacted, That the Mayor and Council of said city shall have power and authority to license, regulate and control all opera houses, livery stables, hacks, drays, motor vehicles and other vehicles used for hire, vendee master, auctioneers, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning rod dealers, emigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry, soaps or medicines and all other traveling or itinerant venders of articles, wares and merchandise. Also upon all fire, life or accident insurance companies doing business in said city. Also upon all telegraph, telephone and express companies and all persons, firms or corporations buying or selling cotton seed or operating public warehouses, upon all coal, guano, or other like dealers, markets for the sale of fresh meats, fish and oysters, hotels, and public boarding houses, upon every keeper of a billiard, pool or bagatelle table, kept for public use or gain, upon every keeper of a shooting gallery, ten pin alley and the keeper of any other table, stand, or place for the performance of any game or play, whether played with sticks, balls, dice, rings or other contrivances; also upon any person running or operating a Flying Jenny or flying horse, bicycle, velocipede, or skating rink, upon all solicitors or canvassers or solicitors selling goods, wares, or merchandise by sample at retail or to consumers, and upon all other establishments, business, callings or vocations except such as are exempted from municipal tax or license by the laws of this State or of the United States. Licenses. All special taxes or licenses mentioned in this section shall be paid to the clerk or marshal before the person shall engage in the business pursuit or calling, and any person who shall fail to pay same before doing so and who shall refuse to do so immediately upon being notified shall upon conviction before
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the recorder be fined an amount equal to double the tax or license or in default be imprisoned in the calaboose or work on the public works of the city not exceeding thirty days; and in case of corporations or non-resident persons or firms, the agent who represents them in the city will be subject to the same penalties for doing business without first obtaining a license or paying the tax. The Mayor and Council shall have power and authority to require of all persons operating a vehicle for hire a bond with good security, to be approved by the Mayor, in the sum of one thousand dollars, payable to said city, conditioned to perform all duties required of him by ordinances regulating motor vehicles for hire, and also to pay any person all damages sustained by said person through the fault or neglect of themselves or their agents. Penalty for non-payment of tax. Sec. 20. Be it further enacted, That the Mayor and Council shall have full power and authority to lay out, widen, straighten, open, close temporarily, alter, drain, pave and keep in good repair all roads, streets, alleys, cross-walks, and side-walks and bridges in said city for the use of the public, and to dig or repair any public well or wells in said city. To punish by fine or imprisonment and labor on the public works, for the obstructing or filling any drain or ditch in said city, either on private or public lands; and to this end they shall have power and authority to condemn and appropriate any lands in said city or if necessary for an outlet for drainage or sewerage, beyond the limits of said city, but they shall be liable to the owner thereof any reasonable sum therefor as damages. When damages are claimed as a result of appropriating private lands for streets or other public purposes, if the Council and the owner thereof can not agree on the price to be paid the same shall be submitted to arbitration of three free-holders, resident of said city, each party to choose one and the two so chosen to choose the third one. After having first been duly sworn before some officer authorized to administer oaths to do justice and equity between the parties these arbiters shall proceed to assess the damage, after duly considering the advantage, if any, derived by the owner of the property, but in no event shall the betterments exceed the amount of the
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damage allowed. Said arbiters shall make a return of their award within ten days from the time of their appointment, and the award made by them, if accepted by the Council, shall be entered upon the minutes by the clerk. The arbiters shall receive such compensation as the Mayor and Council shall determine at the time of their selection. Power as to streets, drainage, etc. Condemnation. Arbitration as to damages. Sec. 21. Be it further enacted, That all male residents of said city between the ages of twenty-one and fifty years, except ministers of the Gospel in charge of one or more churches; persons who have lost one hand or foot, shall be subject to street duty not to exceed six days in any one year, under the direction of the officers of said city; provided, however, the Council may in their discretion, provide a commutation tax in lieu of said work, not to exceed five dollars, which, when paid, shall relieve the person from street duty for that year. Said street tax shall be due on the first day of March of each year, and if not paid and if the person fails to appear for work when summoned by the marshal or other person designated to serve such summons, or appearing fails or refuses to do good faithful work without a legal excuse, shall be returned by the marshal or other officer as a defaulter and upon conviction before the recorder be fined not exceeding three dollars for each day's default. The members of the Board of Commissioners of the city schools, members of the volunteer fire department and members of the police force shall be exempt from street duty while in office. Street duty. Commutation tax. Exemption. Sec. 22. Be it further enacted, That the Mayor and member of the Council, clerk, marshal, or any policeman may be removed from office on conviction before the Council of neglect of duty, incompetency, insubordination or malpractice in office. They shall also be liable to the same penalties as other individuals for violation of any of the ordinances of said city. The marshal or police may be suspended by the Mayor for neglect of duty or conduct unbecoming an officer. Such term of suspension shall not exceed fifteen days unless approved by the Council at their first meeting after such suspension, and while under suspension his salary shall cease. Removal from office. Suspension of Marshall or Police.
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Sec. 23. Be it further enacted, That the marshal shall be required to give bond in the sum of one thousand dollars and the clerk in the sum of one thousand dollars and the treasurer in the sum of one thousand dollars payable to the City of Hogansville for the faithful discharge of their respective duties. The city to pay premiums on said bonds. Bond of Marshall and Clerk. Sec. 24. Be it further enacted, That the cost of issuing, serving, or executing all summons, executions, processes, writs, or subpoenas shall be the same as now allowed justices of the peace and constables for like service and where they are issued or served by a salaried officer the amounts so collected shall be paid into the city treasury. Costs of issuing and serving summons, etc. Sec. 25. Be it further enacted, That the Mayor and Council of said city shall have power and authority to remove or cause to be removed at the expense of the owner thereof, all buildings, porches, steps or fences, or other obstructions or nuisances in or near the public streets, lanes or sidewalks, or nuisances located anywhere in said city. To own, acquire and control property in or near the said city for a cemetery, to regulate and control interments therein and to punish any and all persons injuring or destroying the property or shrubbery therein, to regulate privies, water closets, butcher pens, blacksmith shops and wood shops in said city. To remove or cause to be removed at the expense of the owner any of these places mentioned in this section that may become dangerous to the public health or to public or private property in the city; also to regulate the keeping of all domestic animals and to prevent the same from running at large; to provide for impounding and sale of same; to regulate the keeping of public or private stables, gunpowder, kerosene, gasoline, turpentine and all other explosives and business that may become dangerous or offensive to the citizens or property in said city. Obstructions, nuisances, etc. Sec. 26. Be it further enacted, That the Mayor and Council of said city shall have power and authority to fix a fire limit in said city to prescribe the materials to be used in the buildings within said limits; to prescribe regulations guarding
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against damage by fire, and for this purpose shall have power to prohibit within said fire limits the use of any buildings for any purpose that is classed as hazardous by the fire insurance companies; to prohibit the building or repairing of any building within said limits of materials other than that prescribed without the permission of the Council; to require permits for all buildings or repairs within said limits; to tear and remove or cause the same to be removed at the expense of the owner any building constructed or repaired contrary to the provisions of this section, except such as were built or repaired previous to the approval of this Act. They shall have power to condemn all unsafe or dangerous structures in said city and remove or cause the same to be removed at the expense of the owner after due notice to him to remove same. All expense incurred by the city in carrying out the provisions of this section shall be enforced by execution the same as for enforcing the collection of taxes for said city and in addition thereto the owner may be tried and upon conviction punished as for a violation of the ordinances of said city. Fire prevention. Removal of dangerous structures. Sec. 27. Be it further enacted, That the Mayor and Council shall have power and authority to prevent the blockading of the streets or sidewalks and cross-walks and crossings, including the railroad crossings, except for a limited time for the purpose of taking on and letting off passengers at the railroad depot; to prevent the hitching or standing of horses, mules or other work animals, or the parking of vehicles except at such places as may be designated by the authorities. Obstruction of streets or crossings. Sec. 28. Be it further enacted, That the Mayor and Council shall have power and authority to prevent or regulate the use of firearms, fireworks or other dangerous annoyances or explosives used in sports or otherwise in said city except in defense of person or property. Firearms, explosives, etc. Sec. 29. Be it further enacted, That the Mayor and Council shall have power and authority upon evidence sufficient to excite the suspicions of a reasonable and prudent man that any house, room, building or other enclosure is being used as a place of ill fame, as a residence for lewd women or for
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gambling or other unlawful purposes, to abate the same by forcibly removing the occupants thereof after three days' notice, and any property owner or agent thereof who shall, after notice of the bad character of the inmates or habitues, continue to rent or suffer said inmates to remain or said habitues to frequent said places, upon conviction before the recorder shall be punished as for violations of the ordinances of said city. They may in their discretion, if the public interests seem to demand it, close and keep closed such places as are named in this section for a period not exceeding ninety days. Abatement of lewd houses, gambling places, etc. Sec. 30. Be it further enacted, That all bills before being ordered paid by the Council shall be approved by the chairman of the finance committee. That the Council may delegate to the Mayor the authority to approve and pay bills for labor and emergecny bills when no one of said bills exceed the amount of fifty dollars; all of said bills being O. K.'d by the person superintending the labor or the person in connection with whose duties the emergency arises; all warrants for the payment of money shall be signed by the Mayor and clerk and shall be issued only upon order of the Council except as herein provided. Approval of bills. Sec. 31. Be it further enacted, That no officer of the city shall have any interest in any contract, either directly or indirectly to which the city is a party, neither shall any member of the Council be allowed to vote upon any question that he has any personal interest in whatever, but this section shall not be construed to prevent the Council from voting a member reasonable compensation for extra services performed, or expenses incurred by him in performing the duties required of him as a member of the Council. Unlawful personal interest in city contract, etc. Sec. 32. Be it further enacted, That the Mayor and Council shall have power and authority to make such regulations for the control of intoxicants or liquors within said city as are not in conflict with the laws of the State or of the United States. Control of intoxicants.
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Sec. 33. Be it further enacted, That the removal of the Mayor or any Councilman from within the limits of the city shall automatically vacate the office he or they may hold and said vacancy shall be filled as provided for in this Act. Removal of Mayor or Councilman from city. Sec. 34. Be it further enacted, That the marshal or any policeman shall have power to verbally summon to his assistance, in making arrests as many citizens of the city as may be necessary, and any person failing or refusing, without a legal excuse, to respond when called upon by the marshal or any policeman shall upon conviction before the recorder, be punished as for a violation of the ordinance of said city. Duty of citizen to aid arresting officer. Penalty. Sec. 35. Be it further enacted, That the Mayor and Council shall have power and authority to punish all persons damaging or interfering with the public property of said city or interfering with the officers in the discharge of their official duties. Punishment for damage to city property or interference with officer. Sec. 36. Be it further enacted, That the Mayor and Council of said city shall have power and authority to grant franchises to street railways, telephone, telegraph, or any like corporation desiring to operate their work within the limits of said city, but such franchise or franchises shall not be for a period to exceed twenty-one years. Franchises to public service corporations. Sec. 37. Be it further enacted, That the Mayor and Council shall have power and authority to prevent or regulate the carrying on on the Sabbath day of all business of whatever nature in any manner they may see fit not contrary to the laws of this State; to prohibit all games and amusements, within the city limits, not consistent with the proper observance of the Sabbath day. Sabbath-day regulation. Sec. 38. Be it further enacted, That all unliquidated claims against said City of Hogansville shall be presented for payment within twelve months after they accrue or become payable or the same are barred, unless held by minors or other persons laboring under disabilities, who are allowed 12 months, after the removal of such disability. Claims against city to be presented in 12 months. Sec. 39. Be it further enacted, That the Mayor and Council of said city shall each year elect three upright, intelligent
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and discreet persons, who shall be citizens of said city and owners of real estate, therein, as city tax assessors to serve until their successors are elected and qualified. It shall be the duty of said tax assessor to assess the value of all taxable property in said city and the said Mayor and Council shall have authority to provide rules for their government. The said tax assessors shall make a return of their assessments, at least sixty days before the taxes are due. When said return is made, said assessors shall fix a time for hearing objections to their assessments and the clerk of said city shall give each owner of property, whose tax return has been increased, at least 10 days notice of such meeting, stating in such notice the amount of such increase. If the property has been given in by an agent, notice to such agent shall be sufficient. Said Mayor and Council shall have authority to prescribe by ordinance for assessing the value of all property, both real and personal, not returned for taxation, and for double taxing all defaulters. Any person dissatisfied with the final decision of the tax assessors shall have the right of appeal in the same form and manner as provided for in the case of State and County taxes. The city tax assessors shall receive such compensation as the Mayor and Council shall fix, not to exceed six dollars per day. Tax assessors. Tax assessors. Appeal from assessment. Pay of assessors. Sec. 40. Be it further enacted, That the salary of the Mayor shall be $75.00 per annum and the salary of each Councilman shall be $40.00 per annum. That any Councilman absent from a regular or called meeting of the body, without a legal excuse to be judged of by the Council, shall forfeit $1.00 for such absence. Salaries of Mayor and Councilmen. Sec. 41. Be it further enacted, That the provisions of this Act shall not be construed to alter, amend, repeal, or modify any existing laws in reference to bonds, sewerage, water, lights or public school system of said city except as provided in this Act. That all laws and ordinances now in force in said city, not in conflict with this Act, shall remain in full force and effect. Laws not repealed. Sec. 42. Be it further enacted, That the Mayor and Council shall have power and authority to provide by ordinance for
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the registration of voters in said city. To prescribe the time for opening and closing of the registration book and the making and finishing of voters lists to the election managers. Registration. Sec. 43. Be it further enacted, That the Mayor and Council shall have power and authority to establish and maintain a Board of Health and to appoint and maintain such other boards and committees as in their judgment the needs of the city require. Boards. Sec. 44. Be it further enacted, That all provisions of former Acts of the General Assembly of the State of Georgia, incorporating formally the City of Hogansville, and now constituting the present charter of said city, which are at variance, or conflict with the provisions of this Act are hereby expressly repealed and all provisions of this Act shall become operative when the same is passed by the General Assembly and approved by the Governor of the State of Georgia, and be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repeal. Approved August 6, 1924. HOMERVILLE; LIMIT OF FINES, ETC., INCREASED; ORDINANCE BOOK; TERMS OF OFFICE; VOTERS. No. 314. An Act to amend an Act entitled An Act to repeal an Act incorporating the Town of Homerville, in the County of Clinch, approved December 23, 1896, and the several Acts amendatory thereof, and to provide for a new charter for said town, and for the election of a mayor and councilmen, to prescribe their powers and duties, and for other purposes, approved August 22, 1907. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that the Act of the General Assembly of Georgia,
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approved August 22, 1907, entitled An Act to repeal an Act incorporating the Town of Homerville, in the County of Clinch, approved December 23, 1896, and the several Acts amendatory thereof, and to provide for a new charter for said town, and for the election of a mayor and councilmen, to prescribe their powers and duties, and for other purposes, is hereby amended in the following manner and particulars, that is to say: Act of 1907 amended. Sec. 2. Section fifteen of said Act is hereby amended as follows: By striking out the words twenty-five and inserting in lieu thereof the words one hundred; and also by striking out the words thirty, and inserting in lieu thereof the words ninety, so that when amended said Section fifteen will read as follows: Be it further enacted that the mayor shall hold a police court in said town at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town, and shall keep a docket upon which he shall plainly enter all cases and judgements tried or rendered by him, the punishment inflicted not to exceed a fine of one hundred dollars or imprisonment in the guard-house or other place selected by the mayor, or labor on the public streets or works of said town not to exceed ninety days, and in addition thereto, the cost of the proceeding; provided, however, that any party dissatisfied with the decision of the judgment of said mayor or mayor pro tem may have his right of appeal to said councilman according to the law of appeals, whose decision shall be final unless carried to the Superior Court by certiorari. It shall be the duty of said mayor or mayor pro tem to act as the presiding officer of the council when in session and look after the promotion of the peace and good order of said town and the enforcement of the by-laws and ordinances thereof. Amendment. To read. Punishment for violation of ordinance. Sec. 3. There shall be a new section added or inserted between Sections fourteen and fifteen of said Act, to be dedesignated as Section 14-A, which shall read as follows: Section 14-a. Be it further enacted, That it shall be the duty of the mayor and council of said town to keep in a book separate from all other records a record of all the ordinances,
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by-laws and other regulations as enacted, ordained or promulgated by said mayor and council from time to time, including the penal ordinances, and such book or record shall be designated and known as the Record of Ordinances of the Town of Homerville, Ga., such record shall show the date of the adoption of each ordinance and shall be subject to public inspection as other records of said town are. Provided, that this section shall in no wise operate to keep said ordinances and by-laws or other regulations from being entered on the minutes of said council as they are adopted from time to time. Ordinance book. Sec. 4. Be it further enacted, That the following shall be added on at the end of Section four of said Act, that is to say: Provided, that at the town election to be held the first Tuesday in January, 1925, the two persons receiving the highest votes shall be elected for a term of two years, and the next two highest persons shall be elected for a term of one year; and thereafter their successors shall be elected for terms of two years each. Terms of office. Sec. 5. Be it further enacted, That Section six of said Act be and the same is hereby amended by striking the word male from said section wherever same appears in said section. Voters; the word male stricken from Sec. 6. 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 2, 1924. JACKSON SIDEWALKS AND STREET PAVING. No. 290. An Act to amend the charter of the City of Jackson (Acts of 1908, page 787 et seq.), so as to authorize and empower the Mayor and Aldermen of the City of Jackson to cause the sidewalks of said city to be paved, and to provide for the payment of same, by special lien on the property of the
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abutting owners, in and under such terms as the Mayor and Aldermen of said city may prescribe by proper ordinance. Also to cause the streets of the City of Jackson to be paved, to prescribe the character of such paving and material to be used, the manner in which it shall be paid, and to apportion the cost of said paving between the city and the abutting property owners, in such proportion as may be prescribed, and to prescribe the collection of same by special lien on the said property of the abutting property owners, as taxes are collected. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act the charter of the City of Jackson (Acts 1908, page 787 et seq.), and the Acts of the General Assembly amendatory thereof, be and they are hereby amended so as to confer the right and power by ordinance of the Mayor and Aldermen of said municipality, to have full power and authority to cause the sidewalks of the City of Jackson to be paved by the abutting property owners, to prescribe the character of such paving, and the material to be used in paving said sidewalks, and the manner in which said pavement shall be laid, and to require the owners of the property abutting on sidewalks to pay for the paving of said sidewalks, all work incident to the laying of the same to be in accordance with the ordinance of said city and grade established for such sidewalks, and if any abutting property owner fails and refuses to lay or to pay for the laying of such sidewalks, after having been given ten days' notice so to do, or if the property owner shall notify the said municipality in writing that he elects to have said city to lay said sidewalks, then the paving of said sidewalks, and all the work incident thereto may be done by said municipality at the expense and cost of the said property owner. That the cost and expense of the paving herein provided for may be collected by said municipality from the property owner by the issuance and levy of fi. fas. in the same manner as taxes are collected after serving notice of the said property owner. Paving of sidewalks. Execution for cost.
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Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the City of Jackson shall have full power and authority, by and through proper ordinances of the Mayor and Aldermen of said City of Jackson, to require and provide for the paving the streets, lanes and alleys of said city, and to prescribe the material to be used, and the character of such pavement, and to prescribe the payment thereof; and to this end said municipality is authorized and empowered to apportion the cost of such paving in such manner and amount as may seem equitable and just to the Mayor and Aldermen between said city and the abutting property owners on each side of said streets, lanes and alleys of said city. Such apportionment or amount of such pavement and paving herein provided for as may be assessed against the abutting property owners may be collected by the issuance of fi. fas. in the same manner as taxes are collected, and said fi. fas. may be levied of the lands of said abutting property owners, after the serving proper notice of the said property owners. Street paving. Apportionment of cost. Execution. Sec. 3. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved July 24, 1924. JESUP; ELECTION AND TERMS OF MAYOR, ETC.; APPOINTMENT AND DISCHARGE OF OFFICERS; REGISTRARS; TITLE TO LAND, ETC.; SALES BY CITY. No. 374. An Act to amend an Act incorporating the City of Jesup, approved August 16, 1915; and also to amend an Act amending the same, approved August 15, 1922; and to repeal an Act amending the charter of the City of Jesup, approved August 18, 1923, by repealing Section five (5) of said Act, approved August 15, 1922, and repealing all
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of said Act approved August 18, 1923, and enacting in lieu thereof the following: An Act to provide for the election of a Mayor and five (5) Councilmen of the City of Jesup, prescribe their term of office, time of election and successors; to provide for the appointment by the Mayor and Council of certain other officers to serve the City of Jesup, such as clerk, marshal, policeman and city attorney; to provide a board of registrars and define their powers and duties; to provide for the City of Jesup to own and control real estate and personal property, and to control all school property now owned by said city, to make contracts of rent, lease or otherwise concerning the same, and to provide for power to sell any and all property now owned or hereafter acquired by said City of Jesup, and to provide the terms of such sale; and to provide for an election for the approval of certain sales of said property, 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 five (5) of an Act amending the charter of the City of Jesup, approved August 15, 1922, and on page eight hundred seventy-nine (879) of the Acts of 1922, being Act number four hundred thirty-seven (437), be, and the same is, hereby repealed. Ga. L. 1922, P. 879; Sec. 5 repealed. Sec. 2. Be it further enacted by the authority aforesaid, That, bill number four hundred and ninety-six (496) of the General Assembly of Georgia, amending an Act incorporating the City of Jesup, approved August 18, 1923, be, and the same is hereby repealed. Act repealed (Ga L. 1923, p. 695.) Sec. 3. 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, there shall be an election held in the City of Jesup on the first Saturday in December, 1925, for the election of a 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, 1927, and on each and
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every consecutive two (2) years thereafter, there shall be elected a mayor and five (5) Councilmen. Said officers shall serve for a term of two (2) 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, and shall be opened at eight o'clock A. M., and closed at six o'clock P. M., and shall be held under the superintendency of a Justice of Peace, or Notary Public and ex-officio Justice of Peace, and two free-holders of said City of Jesup, under the forms and regulations prescribed for holding elections for members of the General Assembly, in so far as they are applicable to said election and do not conflict with the specific rules herein contained, and all other elections held in said city at any time and for any purpose whatsoever shall be held in the same manner. Provided, however, that the present Mayor and five (5) Councilmen shall continue to serve the City of Jesup for the term for which they were elected and until the Mayor and Councilmen are duly elected and qualified on the first Saturday in December, 1925, as herein provided. Election for Mayor, etc., Dec. 1925. Subsequent elections. Sec. 4. Be it further enacted by the authority aforesaid, That after the passage of this Act no other officer, except a Mayor and five (5) Councilmen, shall be elected by the voters of the City of Jesup, but all minor officers such as Marshal, Chief of Police, Clerk of Council, and City Attorney, shall be appointed by the Mayor and Councilmen in their regular meetings assembled. Appointive officers. Be it further enacted, That the Mayor and Councilmen at any regular or called meeting, shall have the right, after having given three (3) days' notice, to suspend or discharge any Marshal, Clerk of Council, Chief of Police, City Attorney, or any other officer of said town so appointed, upon satisfactory proof that said officer has been derelict in his duties, or guilty of any other conduct unbecoming a city officer. Suspension or discharge of officers. Sec. 5. Be it enacted by the authority aforesaid, That the City of Jesup shall have a Board of Registrars, and that twenty (20) days before the next regular election to be held on the first Saturday in December, 1925, and twenty (20)
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days before each election thereafter, or special election before that time, the Mayor and Councilman shall appoint a Board of Registrars consisting of three (3) free-holders, residing in said City of Jesup, who shall go over the list of registered voters and determine those who are legally qualified to vote, and said board shall make up a list of the duly qualified voters in said city and shall furnish said list to the election holders at said elections, and no person shall be allowed to vote at any election unless his name shall appear on said voters list as prepared by said Board of Registrars. Board of Registrars. Sec. 6. Be it further enacted by the authority aforesaid, and it is hereby enacted, That the City of Jesup shall have the right to own property, both real and personal, either by purchase, gift, or otherwise; and it shall have full control over all property heretofore acquired, including all school property now owned by said city, or that was formerly owned by the Board of Education when said board was abolished; the title to said school property and all other property now owned or hereafter acquired shall be in the City of Jesup, and it shall have the power to make rental contracts concerning same, to collect rents, lease, sublet, and to grant any and all easements in said property for any and all purposes in the interest of said City of Jesup, or the schools located therein. No contract for rent shall last for a period longer than one year. Ownership of property by city. Power to rent, etc. It is further enacted by the authority aforesaid, That the City of Jesup shall have the right to sell at any time any and all property, both real and personal, belonging to the City of Jesup, when duly authorized by a resolution or ordinance duly passed by the Mayor and Councilmen, provided said property is no longer needed for the purpose for which it was acquired, and provided its value does not exceed the sum of five hundred ($500.00) dollars. Sale of city property. Be it further enacted by the authority aforesaid, That said City of Jesup, by its duly authorized officers, shall have the right to sell property both real and personal when the value is more than five hundred ($500.00) dollars, when it has been
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ascertained by the Mayor and Councilmen that said property has served the purpose for which it was acquired, or for any other reason it is to the interest of the city to sell same; and provided further that, before the sale is finally consummated for property worth over five hundred ($500.00) dollars, a majority of the qualified voters of said city have approved such sale at an election duly called for that purpose, after thirty (30) days' notice has been given by the Mayor and Councilmen of the time and place of holding such elections. Election to approve sale of property worth more than $500. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict of this Act be and the same are hereby repealed. Approved August 7, 1924. JUNCTION CITY; REPEAL OF AUTHORITY TO MAINTAIN SCHOOL. No. 259. An Act to amend an Act to incorporate the Town of Junction City, Georgia, as found in the Acts of the General Assembly of Georgia of 1906, page 826, and approved August 21, 1906, by striking from said Act Section eleven (11) which provides for a public school system. 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 eleven (11) of an Act to incorporate the Town of Junction City in Talbot County, State of Georgia, found in the Acts of 1906, pages 826 to 839, inclusive, and approved August 21, 1906, which reads as follows: Be it further enacted, That said Mayor and Councilmen shall have the power to establish and maintain within the corporate limits of said Town of Junction City a public school, which may be supported in whole or in part by public taxation on all businesses and properties within said town as said Mayor and Councilmen may determine;
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that they may appoint any five discreet male persons, either residents or nonresidents, of said town as trustees of said public school, and shall conduct the same under the general laws of the State of Georgia regulating the government of schools, be repealed by striking said Section eleven in its entirety. Repeal of provision as to school. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 10, 1924. LAFAYETTE; VETO OF MAYOR; ELECTION OF COUNCIL; TERMS; SALE OF LIGHT PLANT, ETC., REFERENDUM; RECORDER'S COURT, ETC. No. 432. An Act to amend the charter of the City of LaFayette, Georgia, by amending Section 3, of the Act approved August 17, 1914, giving to the Mayor the power of veto and providing means of overriding said veto. Further, by amending Section 1 of the amendment of the charter of said city by Act approved August 19, 1916, by providing for election of the Councilmen from the respective wards, by vote of the entire qualified voters of the city, by making the term of office two years, and making provision for expiration of the terms of office of the Councilmen at different times, and making provision for holding elections. Further, by amending Section 3 of said Act approved August 19, 1916, making the terms of office of the Mayor and Recorder two years in place of one year, and making provision for holding elections. Further, to provide authority for the Mayor and Council to sell and dispose of the power house and light lines and equipment of said city, after having submitted same to a
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referendum vote of the qualified voters of said city, in an election called for that purpose; and making provisions for holding said election. Further, by amending Section 58 of said Act approved August 17, 1914, by providing that the recorder shall try all cases for violation of city ordinances, giving the authority to bind over for State offenses, as committal court, and to punish for violations of city ordinances and punish for contempt, and making provision, when recorder is disqualified or absent, for Mayor pro tem to act in his place. Further, to provide a fee bill for costs in all cases tried before the recorder, and for disposition of all costs so collected, and for other purposes. Section 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 LaFayette, in the County of Walker be and the same is hereby amended as follows: That Section 3 of the charter of the City of LaFayette, as approved August 17, 1914, shall be amended by adding thereto the following provision: That from and after the passage of this Act that the Mayor of said city shall have the power to veto any Act of the Council in passing any ordinance or resolution by signifying his disapproval of such Act of the Council, and having the same entered in the minutes of said Council, and that the veto of said Mayor to any Act of the Council may be overridden by two-thirds vote of the Council in such meeting. The right of veto of any ordinance must be exercised within ten days from the time of passage by the Council or same shall be considered as approved. Veto of Mayor. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act that Section 1 of the charter of the City of LaFayette as amended under Act approved August 19, 1916, shall be amended by striking therefrom as follows: Beginning with the words One Councilman shall be elected from each ward, etc., and ending with
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the words To serve as Councilmen or Mayor; the same being the concluding words of said paragraph, striking therefrom the entire portion of said section included as aforesaid, and inserting in lieu thereof, as follows: One Councilman shall be elected from each ward, and if two or more in any ward are voted for in said election, the one receiving the largest number of votes shall be declared elected from that ward, provided, however, that all the voters of said city shall vote for one Councilman from each ward. In other words, one Councilman shall be elected from each ward, and shall be a resident of the ward from which he is elected, but that all of the voters of the city shall vote for the Councilmen from the respective wards. The Councilmen from the first and second wards shall be elected at the next election after the passage of this Act for a period of two years, and Councilmen from the third, fourth and fifth wards shall be elected for a period of one year, after which all Councilmen so elected shall be elected biennially, or for a period of two years, and all Councilmen shall serve until their successors are elected and qualified. The terms of office of the Councilmen of the first and second wards, and those of the third, fourth and fifth wards shall expire in alternate years respectively. Amendment. To read. Election of Councilmen. Terms. Sec. 3. Be it further enacted by authority aforesaid, That Section 3, of the charter of the City of LaFayette as approved August 19, 1916, shall be amended by striking therefrom the sentence as follows: And it is further provided herein, etc., and ending, and until their successors are elected and qualified, and inserting in lieu thereof as follows and it is further provided herein that the terms of the office of the Mayor and Recorder shall be for two years each, and until their successors are elected and qualified, as aforesaid, and that the Mayor and Recorder shall be elected regularly at the general election on the first Tuesday in December, next, and biannually annually thereafter. Election and terms of Mayor and Recorder. Sec. 4. Be it further enacted by authority aforesaid, That from and after the passage of this Act that at such time and place as may be fixed by the Mayor and Council, there shall be called an election in said City of LaFayette, for the purpose
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of authorizing the selling of the power house, light lines, and equipment of said city, as the same then exists, said election to be held and determined as provided by said Mayor and Council of said city, at which time there shall be tickets furnished as follows: For selling of power house, light lines and equipment, and, Against the selling of power house, light lines and equipment. If a majority of the legal voters of said city shall cast their votes in favor of the selling of said power house, light lines and equipment, then the Mayor and Council of said city shall be authorized to sell the same in whole or in part. If a majority of the said qualified voters cast their votes against the selling of the same, then the Mayor and Council shall be without authority to sell the same. The qualifications of said voters shall be the same as are now required of the voters in the general election for the Mayor and Council of said city, and no election shall be held without first advertising the same in a newspaper published in said county, in which Sheriff's advertisements are published, for at least 30 days, prior to the time of the holding of said election, and by posting three notices of the time and place of said election at places in said city. The Council when the question shall be determined in favor of selling same shall be authorized to sell entire plant or only part of same. Election to authorize sale of power house, light lines, etc. Sec. 5. Be it further enacted by authority aforesaid, That Section 58, of the charter of the City of LaFayette as amended, as approved August 17, 1914, shall be stricken therefrom, and the following inserted in lieu thereof: Ga. L. 1914, D. 960; Sec. 58 stricken That the Recorder of said city, or the Mayor pro tem in the absence or disqualification of the Recorder, shall have authority and power to hold police court for the trial and punishment of all violators of the ordinances, rules and regulations of said city, and upon conviction, to punish said offenders by fine not to exceed $100.00, and cost, or by labor on the streets or any public works in said city, under the control and direction of the proper officers, not to exceed 90 days, or by confinement in the guard house or common jail of Walker County, not to exceed 60 days, or any one or more of these punishments may be ordered, in the discretion of the Recorder or Mayor
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pro tem trying said offender. When proceeding in such police court the Recorder or Mayor pro tem shall have power to punish for contempt by fine not exceeding $25.00 or confinement in the guard house or common jail of Walker County, not exceeding 30 days. The Recorder or Mayor pro tem who presides in said police court may call said court when he may deem it proper and necessary to clear the guard house or the docket of said court. In the absence of the Recorder, or should he for any reason be disqualified to try any case or cases against any violators of the ordinances, rules or regulations governing said City of LaFayette, the Mayor pro tem shall have the power to hold said police court, or should he be absent or for any reason be disqualified any Councilman of the city shall have the power to hold police court. Recorder's court; powers. Mayor pro tem to preside when. Sec. 6. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the following shall be established and recognized as a fee bill of the police court of the City of LaFayette. For each arrest made the sum of $2.00, for taking bonds the sum of $1.00; to be charged as officers' cost for said arrest and taking bond; the sum of $1.00 for trial, and 15 cents for each subpoena issued, which shall be charged as the Recorder's cost for trial, and for each subpoena served, fifty cents, which shall be charged as a part of the Marshal's cost in said case. For each appeal entered to the Council, the sum of $1.00 which shall be charged as part of the Recorder's cost in said case. For turnkey fee, the sum of $1.20 which shall be charged as a part of the officer's cost in making the arrest, the sum of sixty cents per day for jail fees. Recorder's court fees. It is further enacted, That from and after the passage of this Act that all funds assessed and collected under the provisions of this Act shall be paid to the City Recorder and Treasurer to become a part of the city funds, this to include Marshal's cost, Recorder's cost, and all other costs arising in this manner. Costs to go to city. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 12, 1924.
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LaGRANGE; POOL ROOMS, ETC., POWER AS TO. No. 351. An Act to amend An Act to create a new charter for the City of LaGrange in the County of Troup, approved December 16, 1901, to provide authority for the Mayor and Council to license, regulate or prohibit pool rooms, billiard tables, pool tables and ten-pin alleys, and all billiard tables kept for the purpose of playing, gaming or renting, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled An Act to create a new charter for the City of LaGrange in the County of Troup, approved December 16, 1901, be and the same is hereby amended by striking therefrom Section 34 of said Act, which reads as follows, to-wit: Be it further enacted, That said Mayor and Council shall have full power and authority to license billiard tables, pool tables and ten-pin alleys, and all billiard tables kept or used for the purpose of playing, gaming or renting, and all ten-pin alleys, nine-pin alleys, or alleys of any kind which are kept or used for the purpose of playing on with pins or balls, or either, for the purpose of renting the same, and to charge for said licenses such sums as they may by ordinance prescribe, and by substituting in lieu thereof the following: Sec. 34 of Act of 1901 stricken. Substitute. Sec. 34. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have full power and authority and may by ordinance license, tax and regulate or prohibit billiard rooms, pool rooms, billiard tables, pool tables, ten-pin alleys and all billiard tables kept or used for the purpose of playing, gaming or renting and all ten-pin alleys, nine-pin alleys or alleys of any kind which are kept or used for the purpose of playing on with pins or balls, or either, for the purpose of renting the same. Said Mayor and Council may by ordinance prohibit billiard tables, pool tables, billiard rooms, pool rooms, whether owned and operated by persons, firms, corporations, clubs or associations of any kind or character,
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or they may prohibit ten-pin alleys, or nine-pin alleys, or they may, in their discretion license, tax and regulate same and may charge for said licenses such sum as they may by ordinance prescribe. Power to license or prohibit billiard and pool tables, tenpin alleys, etc. Sec. 2. Be it enacted by authority aforesaid, That all laws or parts of laws in conflict with this ordinance be, and the same are hereby repealed. Approved August 6, 1924. LaGRANGE TAX ASSESSMENTS; NOTICE, ARBITRATION, ETC. No. 303. An Act to amend an Act entitled An Act to amend an Act to create a new charter for the City of LaGrange in the County of Troup, approved December 16, 1901, to provide for the election and terms of office of the Mayor and Councilmen, to authorize the adoption of the general registration law for voters, to give the Mayor authority to veto the action of the Council, to fix the maximum tax rate, and for other purposes, approved July 23, 1920, to provide for notice of the action of the Board of Assessors in fixing valuation of property for tax purposes, and to provide for arbitration in the event of dissatisfaction on the part of the taxpayer, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same. Section 1. That Section 7 of An Act to amend an Act to create a new charter for the City of LaGrange in the County of Troup, approved December 16, 1901, to provide for the election and terms of office of the Mayor and Councilmen, to authorize the adoption of the general registration law for voters, to give the Mayor authority to veto action of the Council, to fix the maximum tax rate, and for other purposes, approved July 23, 1920, be, and the same is hereby amended
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by striking from said Act Paragraph 4 of Section 7, which reads as follows, to-wit: All assessments made by said Assessors shall become final if no objection is filed in writing on or before the time set by said Board of Assessors for the hearing of such objections, notice such as the Mayor and Council shall by ordinance prescribe having been given of such hearing; and if objections are made at the said hearing to any assessment decision of the said Board of Assessors, after hearing the evidence, shall be final. The said Board of Assessors, on the hearing of objections may increase or decrease any assessment previously made by them, and by substituting in lieu thereof the following, to-wit: All assessments made by said Assessors shall become final if no objection is filed in writing on or before the time set by said Board of Assessors for the hearing of such objections, notice such as the Mayor and Council shall by ordinance prescribe having been given of such hearing, and if objections are made at the said hearing to any assessment the decision by the said Board of Assessors, after hearing the evidence, shall be final unless the taxpayer demands an arbitration. If any taxpayer is dissatisfied with the action of said Board of Assessors after hearing the evidence, he may within ten days from the date the Board of Assessors gives notice of its action, the notice to be given as provided for by the ordinance of Mayor and Council of LaGrange, gives written notice to said Board of Assessors that he demands an arbitration, giving at the same time the name of his arbitrator; said written notice to be filed with the clerk of the City of LaGrange. The said Board of Assessors shall name its arbitrator within three days thereafter and these two shall select a third, a majority of whom shall fix the assessment and the property on which said taxpayer shall pay taxes, and in the event there is no agreement between a majority of said arbitrators, the umpire or arbitrator who is selected by the two arbitrators named by the taxpayer and said Board of Assessors, shall fix the said assessment. The said arbitrators shall be free-holders and citizens of the City of LaGrange and shall render their decision within ten days from the date of the naming of the arbitrator by said Board of Assessors. In the event that the arbitrator
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named by said Board of Assessors and the arbitrator named by the taxpayer shall fail within five days from the date the Board of Assessors name their arbitrator, to agree upon a third arbitrator, then the Mayor of LaGrange shall name the third arbitrator to act with the arbitrator named by the taxpayer and the arbitrator named by the said Board of Assessors. Said arbitration shall be had and the said arbitrators shall be compensated in the same manner as is provided by the law of Georgia for the arbitration of tax returns in fixing assessments for State and county taxes. Ga. L. 1920, p. 1076; Sec. 7 amended. Paragraph stricken. Substitute. Tax assessments. Objections; notice of hearing. Arbitration. Umpire. Time of decision. Pay of arbitrators. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 29, 1924. LAVONIA PAVING; ASSESSMENTS, BONDS. No. 502. An Act to amend an Act incorporating the City of Lavonia, Franklin County, Georgia, approved August 19, 1918, so as to authorize and empower said City of Lavonia, 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 thereof; 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
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of a tax on all the property in said city subject to municipal taxation to be used in defraying the City of Lavonia'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 Lavonia, 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 Lavonia, Franklin County, Georgia, approved August 19, 1918, be and the same is hereby amended by adding thereto the following provisions, to-wit: The aforesaid City of Lavonia, Franklin County, Georgia, through its legally constituted authorities, is hereby authorized 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 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. Authority to pave, assess cost, issue bonds, etc. 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
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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 Council 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 hereafter provided 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 council by proper written resolution be required to be paid annually or semi-annually at such time or times said Mayor and Council may fix and determine. Apportionment of cost of paving, etc. Payment in ten annual installments; Semi-annual payments; interest. Sec. 3. Be it enacted by the authority aforesaid, That the Mayor and Council of the City of Lavonia 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
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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 Council of the City of Lavonia may in its discretion appoint from among the residents of the City of Lavonia five persons who shall constitute said board of appraisers, the person or persons so appointed to be free-holders in said City of Lavonia, and shall possess the same qualifications as is required by the charter and ordinances of said City of Lavonia 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 and Council 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 and powers. Quorum. Proviso. Disqualification of appraisers. 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 Council may in their discretion fix and determine, and on installment together with the semi-annual 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 assessments, 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
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date of the passage of the resolution levying such assessment, without interest, thereby relieving such property from the lien of such assessment. First installment Dates for payments. Option to pay in 30 days. Sec. 5. Be it further 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, to be equal with the lien for other taxes, and prior and superior to all 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. Lien of assessment. 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 Council of the City of Lavonia 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 Council may determine, which bonds shall in no event become a debt or liability of said City of Lavonia 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 succeeding date of the issuance thereof, and one-tenth of the amount of such issue of bonds together with the interest, annual or semiannual, 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 Council 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
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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 Lavonia and attested by the clerk and treasurer thereof, and shall have thereon the impression of the incorporate seal of said city, and shall have attached thereto interest coupons, 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 Council; 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 Lavonia 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 Clerk and Treasurer of the City of Lavonia 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. Bond issue, to be payable from assessments. Disposition of bonds and proceeds. Registration of 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 Clerk and Treasurer of said City of Lavonia, who shall issue proper receipts therefor, the aforesaid offices of the City of Lavonia 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 Council of said City of Lavonia is authorized and empowered by proper ordinance to fix the date or dates for the payment of all assessments and
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interests thereon as in their discretion they deem advisable when not inconsistent with any of the other provisions of this Act relating thereto. Payment to Clerk and Treasurer. Separation of fund. 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 Lavonia 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 abuting property owner shall have the right to file an affidavit of illegality, returnable to the Superior Court of Franklin 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 Franklin 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. Execution, levy and sale. Affidavit of illegality. Sec. 9. Be it further enacted by the authority aforesaid, That said Mayor and Council 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
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or any part of the cost of all materials used in making such street improvements against the property abutting on such thoroughfares, streets or highways reeiving 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 Lavonia, 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 alloted to Franklin County for the use and benefit of the public streets of the City of Lavonia 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 Lavonia 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 Lavonia 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. Sidewalks, etc., cost of, how paid. Sec. 10. Be it further enacted by the authority aforesaid, That when the right of way of any railroad company crosses
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any street, highway or other thoroughfare within the corporate limits of said city such company shall be deemed for the purposes of this Act as the owner of 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 Franklin 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 made by 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 crossings. Assessments against county property. Sec. 11. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Lavonia is authorized and empowered to enact such ordinance and 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 expenses 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, power as to. Sec. 12. Be it enacted by the authority aforesaid, That the City of Lavonia is authorized and empowered to make all the improvements provided for in this Act independent of or in connection with the authorities of Franklin 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 Georgia, approved August 21, 1922, upon such terms as may be fixed by
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said State Highway Department not inconsistent with this Act, and make all contracts necessary in connection therewith. Power to join county authorities and State Highway Department in improvements. Sec. 13. Be it further enacted, That the Mayor and Council is hereby authorized and empowered to levy and collect the 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 expenses for making the improvements authorized under this Act, which shall be collected in the same manner as other taxes of the City of Lavonia are collected. Tax to pay city's share of expense. 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, 1924. LINCOLNTON SCHOOL SYSTEM. No. 425. An Act to amend an Act approved August 4, 1920, amending an Act incorporating the Town of Lincolnton, Lincoln County, Georgia, creating an independent local public school system for said town, by striking from line sixty-three, Section 2 of said Act approved August 4, 1920, the word three and substituting therefor the word five and striking from line sixty-six of Section 2 of said Act the word June and substituting therefor the word April; and by striking from line sixty-seven of said section of said Act the expression June 1st to June 1st. It being the intention of the proposed bill to amend the charter of said Town of Lincolnton so as to provide for five trustees of the school board of said town, instead of three as now provided, and so as to provide that their election shall take place by the
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Council of said town at its first meeting in April of each year, instead of June as now provided; and so as to provide that the term of office of said trustees shall be from June 1st to June 1st, instead of July 1st to July 1st as now provided, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and the same is hereby enacted by authority of the same, That from and after the passage of this Act, Section 2 of the Act approved August 4, 1920, amending an Act incorporating the Town of Lincolnton, Georgia, creating an independent local public school system for the Town of Lincolnton, Lincoln County, Georgia, be and the same is hereby amended as follows: By striking from line sixty-three of said section the word three and substituting therefor the word five; and striking from line sixty-six of said section of said Act the word June and substituting therefor the word April, and by striking from line sixty-seven of said section of said Act the expression July 1st to July 1st, and substituting therefor the expression June 1st to June 1st, so that said section of said Act when so amended shall read as follows: Amendment changing number and terms of school board members. To read. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, Section 41 of the Act approved August 4, 1917, creating a new charter for the Town of Lincolnton, Georgia, be and the same is hereby amended to read as follows: That the ordinary of Lincoln County may order an election in the Town of Lincolnton, within six months after the approval of this Act, or at any subsequent time. Upon the petition of one-fourth of the qualified voters of said town, and upon the application of the Mayor and Council of said town in reference to the establishment of a free school system as provided for in the foregoing section of this Act. All persons voting at said election shall have written or printed on theirballots For free schools, or against free schools and if the question be decided affirmatively by a two-thirds majority, this Act shall become operative and the Mayor and Council shall proceed to establish said schools in accordance with same; that an election in accordance with this section, was held in said town on June
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25, 1919, and resulted in favor of For free schools, and the result thereof legally declared by the proper authority, which election is hereby ratified by this Act; that the Mayor and Council of said town, in accordance with the result of said election, have established a free school system in and for said town which is hereby ratified by this Act and which is hereby declared to be an independent system separate from Lincoln County; that there shall be a Board of Education for Lincolnton, whose duty it shall be to manage, control, and maintain said school system, to purchase real estate for school purposes, to sell and convey any real estate that may not be necessary for school purposes, under the direction of the Mayor and Council of said town, to build and equip necessary school buildings for said town, and to that end shall contract with any person, firm or corporation for the erection and equipment of school buildings and receive and pay out all money for that purpose whether the same be raised by the sale of municipal bonds or otherwise. The contracts for the building and equipment of school buildings shall be made in the name of the Town of Lincolnton, Georgia, and signed by the Chairman of the Board of Education and the Secretary thereof, and shall be executed in triplicate, one each for the contracting parties and one to be filed with the Clerk of the Council of said town, and when a contract is so made it shall be binding upon said town, such contracts to be made only with the best and most reasonable bidder for such work under competitive bids for same, which bids must be filed with the secretary of said board on or by such a time as may be fixed by said board, must be sealed in an envelope and must be accompanied by a certified check for such amount as the board may require to show good faith, the check filed with any rejected bid to be returned to giver, to employ an architect to plan such building or to supervise the erection of the same or both, to require a good and solvent bond, payable to the Town of Lincolnton, Ga., of such contractor or contractors, and to do and perform all other Acts and duties that are incident and usual in the erection and equipment of school buildings; that said Board of Education shall consist of five upright and intelligent citizens of said term, who must be
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freeholders thereof, to be elected by the Mayor and Council of said town at the regular meeting in April of each year, and to hold their offices from June 1st to June 1st except that those appointed first under this Act shall hold to the following July 1st only, or until, their successors are elected; that the officers of said Board of Education shall be a chairman elected by said board from the members thereof; and a secretary and treasurer elected by said board, who may or may not be one and the same person; that she secretary of said board shall keep accurate minutes of the meetings of said board, who are to hold at least one monthly meeting during the session of the schools of said town; and the treasurer, before entering upon the duties of his office shall take and subscribe an oath to faithfully discharge the duties of his office and shall give bond in such sum as may be fixed by said Board of Education to faithfully account for all money coming into his hands as such officer, which bond shall be payable to the Town of Linconton, Georgia, and the said board is hereby empowered to bring suit in the name of the Town of Lincolnton and maintain the same upon said bond in any of the courts of this State having jurisdiction for any breach of said bond by the treasurer, and the proceeds of said suit shall be applied to the public schools of said town, and said treasurer shall pay out no money except by order of the board; and his term of office shall be co-extensive with the board by which he was elected; that after the year 1919 as aforesaid, the appropriation of funds by the State for the schools of said town shall be paid direct to the treasurer of the Board of Education for said town by the State Superintendent of Schools instead of from the Superintendent of Schools for Lincoln County, which treasurer is authorized to receive and to receipt for said funds; that said Board of Education shall elect all teachers for schools of said town, fix their salaries, and pay them, enter into contracts with them as teachers, fix the school term, and remove any or all of said teachers upon proof of inefficiency, immoral or unbecoming conduct, incompetency, or for any other just cause, the one or ones sought to be removed having the right to defend themselves before said board at the hearing of complaints against them, before any removal is had;
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that said Board of Education shall have the right to elect a superintendent for the schools of said town, who may be the principal of the most important school for whites in said town, but the teachers, including principals of the school and superintendents, are amenable to said board for the proper conduct of the school or schools; that said Board of Education shall make an annual report in writing to the Town of Lincolnton showing the conditions of said schools, and shall accompany said report with a full itemized statement of all moneys received and expended by said board, and present vouchers therefor, and said Town of Lincolnton may provide for an audit of said report and all books of record kept by said board; and that the record of receipts and expenditures kept by said treasurer are open to inspection at all times to the Mayor and Council, or to any citizen of said town. School board to have five members. Terms of members of school board. Sec. 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 12, 1924. LUMBER CITY; ELECTION OF MAYOR, ETC.; POLICE COURT PENALTIES; STREET WORK; WATERWORKS, SEWERAGE, LIGHTS; TAXES. No. 416. An Act to amend an Act entitled, An Act to create a new charter for the Town of Lumber City, in the County of Telfair, and to incorporate said town, and to declare and consolidate the rights and powers of said corporation, to define the corporate limits of said Town of Lumber City, to provide for a Mayor and Board of Aldermen and other officers of said town, to prescribe the powers, duties, rights and liabilities of all officers of said town and the manner of their election or appointment or removal from office, to provide for retention of the present officers for the Town of Lumber City until election of officers for said town
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under this charter; to provide that all ordinances, rules and regulations of the Town of Lumber City incorporated by this Act, until same are repealed or amended by Mayor and Aldermen of the Town of Lumber City; to provide for streets and sidewalks and working and paving of the same; to authorize the Mayor and Aldermen to build, construct, own, maintain and operate a system of water-works, electric lights and sewerage for the Town of Lumber City; to authorize the Mayor and Aldermen to issue bonds for the purpose of building and equipping a system of water works, sewerage system and electric lighting system; to provide for assessment, levying and collection of street tax and ad valorem tax upon all property, both real and personal, for several purposes and for purposes of paying of principal and interest on the bonded debt of said town; to authorize and provide for granting license to and taxing all kinds of business, trades, professions, shows, exhibitions, and entertainments; to provide for all matters of municipal concern, needs and requirements, and for other purposes, approved August 14, 1909, as follows, to-wit.: By striking the words and figures, january, 1910, in second line of Section 4, of said Act, and inserting in lieu thereof the words and figures, December, 1924; by striking the word February, in second line of Section 5 of said Act, and inserting in lieu thereof the word January, by striking the words thirty days, in the fifth line of Paragraph 10, Section 54, and inserting in lieu thereof the words sixty days; by striking the words thirty days, in the thirteenth and fifteenth lines of Section 56, and inserting in lieu thereof the words sixty days; by striking the words sixteen, in the fourth line of Section 65, and inserting in lieu thereof the words twenty-one, and also by striking all of Section 17 of said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same, That the Act creating a new charter for the Town of Lumber City in the County of Telfair, approved, August
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14, 1909, and published in Georgia Laws of the year 1909, pages 1024 to 1064, be and the same is hereby amended as follows, to-wit: Ga. L. 1909, p. 1024; amendments. That the words and figures January, 1910, in the second line of Section 4 of said Act, be stricken, and the words and figures December, 1924, be inserted in lieu thereof, so that said Section 4 as amended shall read: That on the first Tuesday in December, 1924, and each year thereafter an election shall be held for Mayor and six Aldermen who shall be elected and qualified, etc. Time of electing Mayor, etc. Sec. 2. Be it further enacted by authority aforesaid, That said Act be further amended by striking the word February, in the second line of Section 5 of said Act, and inserting in lieu thereof the word January, so that said section as amended shall read: That on the first Tuesday in January in each year, or as soon thereafter as possible, that the newly elected Mayor and Aldermen shall enter upon the discharge of their duties, etc. Time of entering on duties. Sec. 3. Be it further enacted by the authority aforesaid, That said Act be further amended by striking all of Section 17 of said Act. Section 17 stricken. Sec. 4. Be it further enacted by the authority aforesaid, That said Act be further amended by striking the words thirty days, in the fifth line of Paragraph 10, Section 54, and inserting in lieu thereof the words sixty days, so that said paragraph as amended shall read: To punish for a violation of any ordinance of said town not otherwise provided for, in a sum not to exceed $100.00, or imprisonment, or compulsory labor on the public works, streets and sidewalks of said Town of Lumber City not to exceed sixty days, any one or more of these in the discretion of the Court. Police court penalties. Sec. 5. Be it further enacted by the authority aforesaid, That said Act be further amended by striking the words thirty days, in the thirteenth and fifteenth lines of Section 56, and inserting in lieu thereof the words sixty days, so that said section as amended shall read: That the Mayor,
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or in his absence or disqualification the Mayor pro tem, may hold and preside over a court in the Town of Lumber City, to be called the Police Court, for the trial of all offenders against the laws and ordinances of said town, as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and punish for contempt. Said court shall have power to punish all violations of the charter or any ordinance of the town by a fine not to exceed $100.00, imprisonment in the town jail, not to exceed sixty days, and to work on the streets, sidewalks and public works of said Town of Lumber City, not to exceed sixty days. Any one or more of these punishments may be inflicted by the Mayor or acting Mayor in his discretion, and the fines imposed may be collected by execution. Sixty-days limit of imprisonment or labor. Police court. Sec. 6. Be it further enacted by the authority aforesaid, That said Act be further amended by striking the words sixteen, in the fourth line of Section 65, and inserting in lieu thereof the words twenty-one, so that said Section 65 as amended shall read: That the Mayor and Aldermen of said Town of Lumber City may require and compel all male persons between the ages of twenty-one and fifty, subject to road duty under the laws of Georgia, to work upon the streets of said town, not to exceed fifteen days in each year, etc. Age for street duty, 21 to 50 years. Sec. 7. Be it further enacted, That the Mayor and Aldermen of the Town of Lumber City are hereby authorized to build, own, maintain and operate a system of water works, sewerage system and electric lighting plant, and to issue bonds for the purpose of building, owning, maintaining and operating a system of works, sewerage system, and electric lighting plant. Waterworks, sewerage, electric lights, bonds for. Sec. 8. Be it further enacted, That the Mayor and Aldermen are authorized and empowered to assess, levy and collect taxes on all personal property and real estate in the corporate limits of Lumber City to pay the interest and principal of any bonded indebtedness of Lumber City. Tax to pay bonds.
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Sec. 9. 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 11, 1924. LUMBER CITY; REPEAL OF ACT PROVIDING FOR WATERWORKS AND BONDS. No. 418. An Act to amend an Act incorporating the Town of Lumber City, approved September 3, 1889, so as to provide for the establishment of a system of water works in said town, to issue bonds therefor, provide for their payment, and for other purposes, approved August 22, 1907. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled, An Act to amend an Act incorporating the Town of Lumber City, approved September 3, 1889, so as to provide for the establishment of a system of water works in said town, to issue bonds therefor, provide for their payment, and for other purposes, approved August 22, 1907, and published in Georgia Laws of 1907, pages 762, 763 and 764, be and the same is hereby repealed. Repeal of act. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and same are hereby repealed. Approved August 11, 1924. MACON; TAXES; RECORDER'S CLERK; STADIUM COMMISSION; COURT COSTS, ETC. No. 415. An Act to amend an Act approved on the 17th day of August, 1914, creating a new charter for the City of Macon, and the Acts amendatory thereof, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the Act approved on the 17th day of August, 1914, appearing on pages 981 to 1044, both inclusive, of the published Acts of Georgia, 1914, creating a new charter for the City of Macon, be and the same is hereby amended as follows: By striking from said Act Section 127 as it appears on page 1043 and 1044 of said Acts and as amended by the Acts of the General Assembly of Georgia of 1920, said amendment appearing on pages 1137 and 1138 of the published Acts of Georgia of 1920, and inserting in lieu of said Section 127, as originally enacted and amended, the following: Ga. L. 1914; p. 1043-4; Sec. 127 stricken. Substitute. Sec. 127. The Mayor and Council of said ity of Macon shall not levy a tax to exceed one and one-fourth per centum upon the property in the City of Macon subject to an ad valorem tax for the purpose of raising revenue for the support of the government of the City of Macon, or to pay any appropriation that may be made by the Mayor and Council of the City of Macon, provided that nothing in this Act shall prevent said Mayor and Council from continuing to levy one-fourth of one per cent. per annum on the taxable property of the City of Macon for the purpose of building, equipping and erecting an auditorium, as provided in Section 1 of the Act of 1920 amending the charter of the City of Macon, as hereinbefore described, and provided further, that when the sum sufficient for the construction, erection and equipping of the auditorium as aforesaid has been raised by the levy aforesaid, the Mayor and Council are authorized to levy, in addition to the one and one-fourth per centum per annum, a tax of one-eighth of one per centum per annum on all the taxable property within the City of Macon for the retiring of the principal and interest of the 1924 bonds issued by the City of Macon; the funds arising from said levy shall never be used by the authorities of the City of Macon for any other purpose; said tax shall be levied separately, shall specify the amount to be levied, shall be separately collected, and the funds realized from the levy of said tax shall be kept separate from all other
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funds; should the amount realized from the collection of such tax be in excess of the amount of principal and interest of said bonded indebtedness maturing, then such excess shall be used to create a sinking fund for the retirement of the said bonded indebtedness, such sinking fund to be deposited, loaned or invested so as to realize not less than four and one-half per cent. per annum on the principal sum; provided further that when the sums for the erection, equipping and constructing the auditorium as aforesaid have been raised, the Mayor and Board of Aldermen of said city may proceed to levy and collect an additional tax of one-eighth of one per centum per annum on all taxable property within the City of Macon for the purpose of paying the principal and interest of the other bonded indebtedness of said City of Macon and making permanent public improvements therein; said funds shall be separately levied, collected, kept and expended as herein before described. The power and authority to levy the tax for the retirement of the 1924 bond issue shall cease when the amount received by said city shall be sufficient to retire the said bonded indebtedness. Taxes. Auditorium. Tax to pay bonds of 1924. Sinking fund. Tax to pay other bonds, etc. Sec. 2. Be it further enacted by the authority aforesaid, That the Clerk of the Recorder's Court of the City of Macon shall have, in addition to the powers conferred upon him by Section 49 of the Acts of the General Assembly of 1914, recorded on page 1009 of the public Acts of the State of Georgia for that year, jurisdiction coexistent with the Justices of the Peace of the State of Georgia for the purpose of issuing criminal warrants and other warrants. Clerk of recorder's court authorized to issue warrants. Sec. 3. Be it further enacted by the authority aforesaid, That at the first meeting of the Mayor and Board of Aldermen of the City of Macon held after the completion of the municipal stadium which is now being erected and equipped by the City of Macon, said Mayor and Board of Aldermen shall elect a commission to consist of six (6) members and to be known as the Stadium Commission of the City of Macon. Said commission, in addition to the members to be elected by said Mayor and Board of Aldermen, shall consist of the Mayor
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of the City of Macon and the President of Mercer University, who shall be ex officio members of said commission. Stadium Commission; election; ex-officio members. Sec. 4. Be it further enacted by the authority aforesaid, That said Stadium Commission shall be charged with the control and management of said stadium and shall manage it for the best interests of the City of Macon and the institution to be benefited by its operation; they shall be authorized and empowered to make and sign contracts and do all things needful and necessary to a proper execution of the powers herein conferred. Power of Stadium Commission. Sec. 5. Be it further enacted by the authority aforesaid, That at said first election three of the said commissioners shall be elected for a term of four years, and three of said commissioners shall be elected for a term of two years, and they shall serve until their successors are elected and qualified. All commissioners subsequently elected shall be elected for a term of four years. Terms of commissioners. Sec. 6. Be it further enacted by the authority aforesaid, That before entering upon their duties as commissioners, the six commissioners elected by the Mayor and Board of Aldermen shall subscribe to an oath that they will discharge the duties of said office to the best of their ability, so help them God, at an open meeting of the City Council, and the taking of said oath shall appear on the minutes of said Mayor and Board of Aldermen. Oath. Sec. 7. Be it further enacted by the authority aforesaid, That all of said commissioners shall serve without compensation. No pay for commissioners. Sec. 8. Be it further enacted by the authority aforesaid, That the Mayor and Board of Aldermen of the City of Macon be and they are hereby authorized to convey to W. C. Fetner a lot of land in Macon reserve, located on the west side of Seventh Street, fronting twenty (20) feet on the north side of Pine Street and running back in a northerly direction same width along the west side of said Seventh Street a distance of ninety (90) feet, upon such terms and conditions as may be prescribed by said Mayor and Board of Aldermen. Authority to convey lot to W. C. Fetner.
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Sec. 9. Be it further enacted by the authority aforesaid, That in all cases in the Recorder's Court of the City of Macon involving violation of the penal statutes of the State of Georgia, the City of Macon shall be allowed such costs as are provided for and allowed to Justices of the Peace and Constables under the laws of Georgia in such cases; said costs shall be collected and paid to the City of Macon in the same manner as costs are now collected and paid to Justices of the Peace and Constables. Recorder's court costs. Sec. 10. Be it further enacted by the authority aforesaid, That the Mayor and Board of Aldermen of the City of Macon be and they are hereby authorized to close up so much of a twenty foot alley in Square 15 as extends from Seventh Street through Square 15 to the property of the Central of Georgia Railway Company, being all the alley between Seventh and Sixth Streets except so much as abuts on the property of Central of Georgia Railway Company on the corner of Sixth and Walnuts Streets. Full authority is given to the Mayor and Board of Aldermen to abolish said alley to the extent set out and to incorporate the land with the surrounding property. Authority to close alley. Sec. 11. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1924. MANCHESTER; ZONING REGULATIONS; POLICE LIMITS EXTENDED. No. 342. An Act to amend an Act creating the City of Manchester, approved August 16, 1909, and the several Acts amendatory thereof, by giving to the commissioners of the city the power and authority to district or zone the city for the purpose of regulating the location of trades, industries, apartment-houses,
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and the segregation of the races, and to extend the police powers of said city beyond the limits of said city, and to provide ordinances and laws to carry same into effect, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act creating and establishing the City of Manchester approved August the 16th, 1909, and the several Acts amendatory thereof, be and the same is hereby amended as follows: Section 1. Zoning Regulations. The Commissioners of said City of Manchester, in the interest of the public health, safety, order, convenience, comfort, prosperity and general welfare of said city may, and they are hereby granted the power and authority, to adopt by ordinance and laws a plan or plans for the distributing or the zoning of the said city for the purpose of regulating the location of trades, industries, apartment-houses, hotels, dwellings, or other uses of property, or for the purpose of regulating the height of buildings or other structures, or the area of 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 building or other structures near street frontages, or for the purpose of the regulating and segregation of the races. The zoning regulations may be based upon any one or more or all of the purposes above described. The city may be divided into such number of zones or districts and such districts may be of such shape and area as the commissioners shall deem best suited to accomplish the purpose of the zoning regulation. Zoning regulations. Segregation of races. Sec. 2. The commissioners of said city shall have the further right and power, in any district proposed to be set aside for residence purposes, to further classify the use thereof and the class or classes of residence or races to be housed therein, and to provide therein such other and further regulations and restrictions as shall secure the peace and good order of the city and residents thereof. Same subject.
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Sec. 3. The said commissioners shall, upon zoning said city, make a map or plat of said city showing distinctly and plainly the zones, which said map shall be kept of file in the office of the clerk of said city and be subject to public inspection. Map or plat. Sec. 4. Said commissioners may from time to time amend or change the regulations or districts established by the zoning ordinance upon their own motion or upon petition. Change of regulations, etc. Sec. 5. The said commissioners shall have the right, power, and authority to appoint, if they see fit, a commission to lay off and zone said city; and shall have the right and power to pass all laws and ordinances necessary to the carrying into effect these zoning regulations. Zoning commission. Sec. 6. Any person dissatisfied within a zone as laid off by said commissioners or its authority in which said person is interested may appear before said commissioners and file his objections stating clearly and fully to what zone or zones he objects to and his reasons therefor. Upon the filing of said objections said commissioners shall give said party or parties a hearing thereon, and in the event said party or parties are dissatisfied with the ruling and findings of said commissioners, then said party or parties shall have the right to certiorari said findings or rulings under the same rule and regulations as now required by law in other cases to the Superior Court. Objections to zone; hearing certiorari. Sec. 7. In order to better promote the safety, good order, peace and comfort of said city, the police powers of said city are hereby extended two miles in every direction beyond the present limits of said city. Police limits extended. Sec. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924.
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MILLEDGEVILE; TWO TERMS FOR MAYOR; SALARIES; POLICE TO BE CONSTABLES; DONATIONS TO CITY AS TRUSTEE; SIDEWALKS; LIMITS EXTENDED; POLICE COURT. No. 430. An Act to amend an Act creating a new charter for the City of Milledgeville, Georgia, approved December 15, 1900, and the several Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act creating the new charter for the City of Milledgeville, approved December 15, 1900, be and the same is hereby amended as follows. Add the following sections: Sec. 66. After January 1,-1926, no person shall be qualified to hold the office of mayor of said city for more than two consecutive terms. Two terms for Mayor. Sec. 67. The mayor and aldermen of said city shall have authority to fix the salaries and wages paid to all city officers and employees. Salaries. Sec. 68. The policemen of said city, in addition to the powers hereinbefore conferred upon them, are hereby invested with all the powers of a constable of said State and shall have authority to arrest offenders against the ordinances of said city outside the corporate limits thereof. Police given powers of constables: arrests outside city. Sec. 69. The mayor and aldermen of said city are hereby empowered to accept money and property by gift, grant, will, or otherwise, and to hold the same in trust according to the terms of the gift, grant or legacy, to promote, accomplish or carry out any corporate purpose, or to promote the convenience, health or welfare of all of the citizens of said city, or any class thereof. Such money or property may be held in trust for buying, keeping and beautifying cemeteries and burial grounds of said city and the individual squares of the donors of said trust property, the establishment and maintenance
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of playgrounds and recreation parks, the equipment and maintenance of libraries, hospitals and schools and other corporate enterprises. And the said mayor and aldermen shall invest and preserve such trust property under the terms and conditions of the gift, and where no terms and conditions are prescribed, under the direction of the city council. The City of Milledgeville shall be responsible for the preservation of the trust property received under this section in the same manner as the trustees of private funds. Authority to accept donations in trust for corporate purposes. Sec. 2. Be it further enacted by the authority aforesaid, That Section 21 of said charter be amended as follows: By striking out all of said section after the following sentence: They may prohibit the commission of nuisance in said city and provide punishment therefor, and insert in lieu of the stricken matter the following: That said mayor and aldermen may, by ordinance provide for the laying and paving of any or all of the sidewalks of said city, for the laying and paving of any or all of the street ditches in said city, for the laying of surface water drains under said pavement, and for the placing of curbing between the sidewalks and streets of said city, at such times, in such sizes and shapes, and of such material, as in their judgment may be expedient, and at the same time provide for the levy and collection of assessments against the contiguous or abutting land, and against the owner thereof, for the cost of the material used in said work and construction. The city shall furnish and pay for all supervision of the construction, and the work and labor connected with same. The said city may do any part of the above described work at such time as it sees fit, and provide at the same time for the levy and collection of assessments against contiguous or abutting land, and against the owner thereof, for the material used in said work. Should the owner of any of the contiguous or abutting property, when said work is done, fail or refuse to pay the prorata part of the cost of said construction the said mayor and aldermen are hereby authorized to pay for the said material for said property owners and issue executions against said contiguous or abutting land, and the owner thereof, for such prorata part of said construction
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as is chargeable against the same, which execution shall be issued, levied and collected in the same manner and upon the same terms as is now provided for the collection of unpaid city tax fi. fas. under Sections 34 and 35 of the charter of said city. The said property owner may interpose his illegality to the levy of said execution, as is now provided in cases of the levy and collection of unpaid tax fi. fas. under Section 36 of said charter. Said Section 21, as amended, shall read as follows: Amendment. Sidewalk paving, etc. Assessments. Executions. Sec. 21. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to pass, from time to time, such ordinances, by-laws, rules and regulations as may in their discretion be necessary to enforce this Act, and the laws of Georgia, relative to municipal corporations and provide penalties for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, and commons, and public squares of said city, and may provide against obstructions thereupon. They may lay such drains or gutters therein as may be necessary and take all necessary and proper means for keeping the corporate limits of said city free from garbage, trash and filth of all kinds. They shall have power to summarily abate all nuisances, whenever in their judgment, such nuisance is injurious to the health, comfort, or convenience of the inhabitants, either with or without complaint against it. They may regulate the running of locomotives by steam, electricity or other power. They may provide against obstructions in the streets, alleys and sidewalks therein and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables, or anything of like character calculated to cause inconvenience or injury to individuals or to make such streets unclean. They may make such regulations as they may deem proper, relative to the keeping, storage, or sale of gunpowder and explosives, or inflammable oils, chemicals, and powder in said city. They may prohibit the commission of nuisances in said city and provide punishment therefor. That said mayor and aldermen may, by ordinance, provide for the laying and paving of any or all of the sidewalks of said city, for the laying and paving of any
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or all of the street ditches of said city, for the laying of surface water drains under said pavement, and for the placing of curbing between the sidewalks and streets of said city at such such time, in such sizes and shapes, and of such material, as in their judgment may be expedient, and at the same time provide for the levy and collection of assessments against the contiguous or abutting land, and against the owner thereof, for the cost of the material used in said work and construction. The city shall furnish and pay for all supervision of the construction, and the work and labor connected with the same. The said city may do any part of the above described work at such time as it sees fit, and provide at the same time for the levy and collection of assessments against said contiguous or abutting land, and against the owner thereof, for the material used in said work. Should the owner of any of the contiguous or abutting property, when said work is done, fail or refuse to pay the prorata part of the cost of said construction the said mayor and aldermen are hereby authorized to pay for the said material for said property owners and issue executions against said contiguous or abutting land, and the owner thereof, for such prorata part of said construction as is chargeable against the same, which execution shall be issued, levied and collected in the same manner and upon the same terms as is now provided for the collection of unpaid city tax fi. fas. under Sections 34 and 35 of the charter of said city. The said property owners may interpose his illegality to the levy of said execution, as is now provided in cases of the levy and collection of unpaid tax fi. fas. under Section 36 of said charter. To read. Sec. 3. Be it further enacted by authority aforesaid, That Section 3 of said charter be amended as follows: By adding at end of said section the following: In addition to the foregoing described territory the corporate limits of said city shall include the following described tract of land, to-wit: That land included within the boundary line beginning at an iron stake which marks the western corner of the present corporate limits of said city and running thence along the present city boundary north forty-four degrees and thirty
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minutes, east twenty-five hundred feet; thence north sixty-five degrees, west thirty feet; thence south forty-four degrees and thirty minutes, west twenty-two hundred and three feet to the boundary line between the lands of the State of Georgia, known as the Prison Farm, and the lands of the City of Milledgeville, known as the Pumping Station; thence north sixty-five degrees, west two hundred and sixty-seven feet to an iron stake; thence south forty-four degrees and thirty minutes, west across Fishing Creek to the highwater mark on the southwest bank of said creek; thence down said Fishing Creek following the highwater mark on the southwest bank of said creek a distance of seven hundred feet; thence north forty-four degrees and thirty minutes east across said Fishing Creek to the highwater mark on the northeast bank of said creek; thence up said Fishing Creek along the highwater mark of said creek to the point of beginning. Corporate limits extended. Sec. 4. Be it further enacted by authority aforesaid, That Section 46 of the said charter, which appears as Section 48 of the printed Acts of the General Assembly of 1900 on page 359, be and the same is amended as follows: By striking out all of the words in the first sentence of the said section after the word office in the sixth line of said section as the same appears in the printed Act. That said section be further amended by adding at the end thereof the following words: The recorder shall have power to remit, modify or change the penalties imposed by him upon offenders against the ordinances, by-laws, rules and regulations of said city, which power he may exercise prior to the beginning of the service of the sentence, or during the service of said sentence. The clerk and treasurer of said city shall be the clerk of the police court established by this charter, and said clerk may attest and approve all bonds and recognizances required by law to be filed in said court or attested or approved by the presiding officer of said court. The said clerk shall make monthly reports to the mayor and council of said city, which report shall show the number of cases brought in said police court, the number of cases disposed of, the character of offenses charged, the number of convictions, the number of acquittals,
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the amount of fines and forfeitures collected, and the number of offenders who served sentences on the public works of said city. Where it appears to the satisfaction of the recorder, that the circumstances of the case and the public good does not require the defendant's incarceration, the recorder may mold his sentence so as to allow the defendant to serve same outside of the confines of the chain-gang, jail or other place of detention under the same conditions as are prescribed for the service of sentences outside of the place of detention by defendants convicted in the courts of this State as prescribed by the laws of this State contained in Sections 1081-a, 1081-b, 1081-c and 1081-d of Park's Annotated Code of Georgia. The mayor and aldermen shall fix the salary of the recorder, which salary shall not be reduced during his term of office. Recorder's power to remit or change penalties. Clerk of police court. Reports to Mayor and Council. Sec. 5. 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 12, 1924. MINERAL BLUFF SCHOOL SYSTEM, REPEAL OF ACT PROVIDING FOR. No. 357. Ac Act to repeal An Act to authorize and empower the Mayor and Council of the Town of Mineral Bluff to provide for the establishment, maintenance and government of a system of public schools in and for the Town of Mineral Bluff, Fannin County, Georgia; to provide for a Board of Education for said town and public schools; to provide for the registration of the voters under this Act; to authorize and empower the Mayor and Council of the Town of Mineral Bluff to assess, levy and collect a tax for the establishment and maintenance of said public schools and the payment of the same to the Board of Education of said town; to provide for the issuing of bonds of said town for the purpose of raising revenue; to lease or purchase suitable
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real estate, lease, purchase, build and equip suitable buildings for establishing and maintaining first-class public schools; to provide for the payment of the bonds and interest thereon; to authorize and empower the Mayor and Council of the Town of Mineral Bluff to appropriate the proceeds from the grant of license to retail spirituous liquors in said town (if there be such) to said public school purposes, and also the proceeds from special taxes to said purposes, if they so see fit; to authorize and require the County School Commissioners of Fannin County to pay or turn over to the Board of Education of said town such part of the State and county school fund as may be the just pro rata share of said town, and all the children attending said schools, and prescribe the method of estimating the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to authorize and empower the Mayor and Council of the Town of Mineral Bluff to provide for the establishment, maintenance and government of a system of public schools in and for the Town of Mineral Bluff, Fannin County, Georgia; to provide for a Board of Education for said town and public schools; to provide for the registration of the voters under this Act; to authorize and empower the Mayor and Council of the Town of Mineral Bluff to assess, levy and collect a tax for the establishment and maintenance of said public schools and the payment of the same to the Board of Education of said town; to provide for the issuing of bonds of said town for the purpose of raising revenue; to lease or purchase suitable real estate, lease, purchase, build and equip suitable buildings for establishing and maintaining first-class public schools; to provide for the payment of the bonds and interest thereon; to authorize and empower the Mayor and Council of the Town of Mineral Bluff to appropriate the proceeds from the grant of license to retail spirituous liquors in said town (if there be such) to said public school purposes, and also the proceeds from special taxes to said purposes, if they so see fit; to authorize and require
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the County School Commissioners of Fannin County to pay or turn over to the Board of Education of said town such part of the State and county school fund as may be the just pro rata share of said town, and all the children attending said schools, and prescribe the method of estimating the same, and for other purposes, approved December 18, 1901, be and the same is hereby repealed. Repeal of act providing for school system. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. MOULTRIE CORPORATE LIMITS EXTENDED. No. 433. An Act to amend the charter of the City of Moultrie, Georgia, to extend the limits of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the corporate limits of the City of Moultrie, Georgia, shall be defined as follows: The northern boundary line of said city shall be a line drawn parallel to a straight line running east and west through the center of the county court-house square and lying at a distance of three-fourths of a mile north of the same; the southern boundary line of said city shall be a line drawn parallel to a straight line running east and west through the center of the county court-house square, and of a distance of five thousand eight hundred and sixty feet south of the same; the eastern boundary of said City of Moultrie shall be a line drawn parallel to a straight line running north and south through the center of the county court-house square and at a distance of three-fourths of a mile east of the same; and the western boundary of said City of Moultrie shall be a line drawn parallel to a straight line running north and south through the center of
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the court-house square; and at a distance of three-fourths of a mile west of the same. Corporate limits. Sec. 2. Be it further enacted by the authority aforesaid, That all property in said corporate limits shall be liable for all existing debts of said city and all ordinances, rules and regulations of said city now in force shall apply to all persons and property in said corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1924. MOULTRIE MUNICIPAL ICE PLANT. No. 463. An Act to amend the charter of the City of Moultrie, Georgias, so as to authorize the municipal authorities to contract, own and operate an ice plant, 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 the charter of the City of Moultrie is hereby amended so as to confer power of the authorities of said city to contract and operate a municipal ice plant. Authority to operate municipal ice plant. Sec. 2. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 13, 1924.
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PALMETTO; REGISTRATION OF VOTERS. No. 302. An Act to amend an Act of 1920 incorporating the Town of Palmetto, so as to empower the mayor and council of said town to make provision for and establish a general system of registration of voters, and to prescribe the qualification of voters in said town, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act of 1920 incorporating the Town of Palmetto, in the County of Campbell be and the same is hereby amended by adding a new section to said charter to be known as Section 10-a to read as follows: That the Town of Palmetto by and through its mayor and council shall have the power to make provision for and to establish a general system of registration of voters, and to prescribe the qualification of voters in said town. Authority to provide for registration, etc. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 29, 1924. ROCKMART; REGISTRATION OF VOTERS; MAYOR AND COUNCILMEN ALLOWED TWO TERMS. No. 260. An Act to amend the charter of the City of Rockmart, contained in Act of the General Assembly, approved August 15, 1904, by striking therefrom Section 10 of said charter in reference to registration of voters, and by inserting in lieu thereof a new section prescribing the method, time, and manner of registration of voters for elections held in said city, and authorizing the mayor and council to prescribe such further rules and regulations in regard to registering
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and in regard to the revision and purging of registration laws as they may see fit and proper, and to repeal the clause in the charter prohibiting the mayor or councilmen from succeeding himself, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That the charter of the City of Rockmart, contained in the Act of the General Assembly of Georgia, approved August 15, 1904, be and the same is hereby amended by striking therefrom Section 10 of said charter in reference to registration of voters, and by inserting in lieu thereof a new section as follows: Ga. L. 1904, p. 596; Sec. 10 stricken. Substitute. Sec. 10. Be it further enacted, That the clerk shall open a list for the registration of voters, and shall keep a voter's book open for registration at his office at any and all times when his office is open for payment of taxes, or other business, except as hereinafter provided. There shall be kept a separate list of white and colored voters, in which book shall be subscribed the names of the persons entitled to vote in said City of Rockmart, his or her age, place of residence, and occupation. Said clerk must not permit anyone to register who is not entitled to do so, and if he does so knowingly, he shall be discharged from office. The voter's book and registration list shall be closed as to the regular election ten days prior thereto each year, and no person shall be permitted to vote at any regular election unless his or her name appears upon the registration list and voter's book. When any special election is called for any purpose, the clerk shall close the voter's book and registration list five days prior to said election; and no one shall be permitted to vote at any regular election unless his or her name appears upon the registration list and voter's book. Said registration shall be permanent, and all names registered as herein prescribed shall remain upon said list and be qualified to vote in any election so long as said voter shall not become disqualified. It shall be the duty of the clerk and the chief of police and one man appointed by the mayor and council to check the voter's list immediately after the book is closed for an election, and to remove from the voters'
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list any person who has become disqualified as a voter. Any person removed from said registration list by said board may appeal to the mayor and council. The said city clerk, chief of police, and other person, shall give notice to any person who appears to be disqualified, and give him an opportunity to be heard. The mayor and council may prescribe such further rules and regulations with reference to registering, or in regard to the revision of the registration list as they may see fit and proper, and may, if they deem proper, create a Board of Registrars to perform the duty of checking said voters' book instead of the clerk and chief of police and other member appointed by the mayor and council, and prescribe in detail their duties. Permanent registration of voters. Time of closing registration before election. Purging list. Appeal by voter. Hearing. Authority to create Board of Registrars. Sec. 2. Be it further enacted, That at the end of the sentence in line thirteen of Section 2 of said Act, which is as follows: No mayor or councilman hereafter shall be eligible to succeed himself shall be added the words, except for one term, so that said section when amended shall read as follows: Amendment of Sec. 2. To read. Sec. 2. Be it further enacted, That an election shall be held in the City of Rockmart on the first Saturday in December, annually. In December, 1904, a mayor and five councilmen shall be elected. The term of mayor and two councilmen to expire on the first Tuesday in January, 1906; the terms of the three councilmen to determine by lot who will fill long and who short terms. In December, 1905, and every two years thereafter, a mayor and two councilmen shall be elected, and in December, 1906, and every two years thereafter, three councilmen shall be elected, each of said officers shall serve until their successors are elected and qualified. No mayor or councilmen hereafter shall be eligible to succeed himself, except for one term. That W. Ferguson be and is hereby appointed mayor, that George F. Morgan, James Heaton, M. D. McGinnis, T. C. McBryde, and James F. Deaver, be and are hereby appointed councilmen of said City of Rockmart, to hold their office until the first Tuesday night in January, 1905, or until their successors are elected and qualified, as hereinbefore provided. At the first meeting of the Mayor and Council of Rockmart, or as soon thereafter as
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practicable, one of said councilmen shall be chosen mayor pro tem. Mayor and Councilmen not eligible for third term. 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 10, 1924. ROME; ELECTION AS TO SCHOOL TAX; WATERWORKS DEPARTMENT; SALARIES; SALE OF STREETS, ETC. No. 391. An Act to amend an Act approved August 19, 1918, incorporating the City of Rome, Georgia, said Act to be amended being entitled An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and all laws in conflict therewith, by providing regulation for public sewers and sanitation; and, by providing regulation of public instruction; and, by providing authority for special tax for permanent improvement for public schools; and, by providing regulation for sale of certain unimproved streets and alleys; and by providing regulation of water works system, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the City of Rome in the State of Georgia be and it is hereby authorized and required and empowered to levy and collect, as other taxes are now collected by said city, a special tax of five mills upon the taxable property of said city for the year 1925 only, and the said five-mill tax to be in addition to all other city taxes now authorized in said city. Said special tax shall be known as the special school tax to be used for the construction and equipment of school buildings only as the needs of Rome City Public Schools may require. School tax.
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(1) Provided said school tax shall not be levied except upon the recommendation of the Board of Education of the City of Rome, made in writing, to the Rome City Commission. Provisoes. (2) And provided further, That before the provisions of this amending Act providing for a special tax as aforesaid shall become operative, it shall be submitted to a vote of the qualified voters of said City of Rome, and the Rome City Commission shall order an election to be held in said city for the ratification of this Act on the seventeenth day of September, nineteen hundred and twenty-four; said election to be held under the same rules and regulations that govern special elections in and for said city, and said city commission shall publish notice of said election in every issue of the official Organ for Floyd County, Georgia, appearing within fifteen days before said election. Referendum. (3) All persons qualified to vote under the rules governing special elections in and for said city shall be entitled to vote in the election herein provided for. Those voting and desiring to vote for special tax, shall have printed on their ballots: For Special School Tax, and those desiring to vote against said amendment shall have printed on their ballots: Against Special School Tax. Form of ballot. (4) And provided further, That if two-thirds of those voting in said election shall vote for special school tax, then this special tax upon the results of said election, being by resolution of the Rome City Commission spread upon their minutes so declared, shall become operative and of full force and effect. Two-thirds vote required. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act full power and authority is hereby given and granted to the Rome City Commission to make such regulations and rules for clerical help and provisions for the operation of the water works department into an independent department of the city, and for that purpose so much of Section 126 of the present charter for the City of Rome, appearing on page 881 of the Acts of 1918 of the General Assembly of Georgia, as is in conflict
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with the provisions of this section is hereby repealed, and the said City Commission is given full power to fix the salaries of the officers of said city, staying within the limit of four thousand ($4,000.00) dollars as now provided by law. Waterworks department. Salaries. Sec. 3. Be it further enacted by the authority aforesaid, That full power and authority is hereby expressly granted to the Rome City Commission in its discretion to close, dispose of and sell, or either of them, any street or alley within said city. Street closing, sale of land. Sec. 4. 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 8, 1924. SAINT GEORGE CHARTER REPEALED; CITY PROPERTY TO BE CONVEYED TO SCHOOL TRUSTEES. No. 355. An Act to repeal an Act of the General Assembly of the State of Georgia, approved August 26, 1906, entitled An Act to incorporate the City of Saint George, in the County of Charlton and State of Georgia, as amended by Act of the Legislature, approved August 17, 1912, and as amended by Act of the Legislature, approved August 17, 1917; to provide that all property, both real and personal, except public parks, now owned by said City of Saint George, be conveyed by deed from the present Mayor and Board of Aldermen of said city to the trustees of the Saint George Consolidated School District, and their successors in 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 the authority of the same, That from and after September the first, 1924, the Act of the General Assembly of the State of Georgia, approved August 26, 1906, entitled An Act to incorporate
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the City of Saint George, in the County of Charlton and the State of Georgia, as amended by Act of the Legislature, approved August 17, 1912, and as amended by Act of the Legislature, approved August 17, 1917, and the same is hereby repealed. Repeal of city charter. Sec. 2. Be it further enacted by the authority aforesaid, That the present Mayor and Board of Aldermen of said City of Saint George be required to make a deed of conveyance to all property, both real and personal, now owned by said City of Saint George to the trustees of the Saint George Consolidated School District, and their successors in office, except the public parks of said city, which are hereby dedicated to the public. City property to be conveyed to school trustees, except parks. Sec. 3. Be it further enacted by the authority aforesaid, That the Trustees of the Saint George Consolidated School District, and their successors in office, shall have the right and authority to hold or dispose of said property, both real and personal, only as is allowed by existing laws for the holding and disposing of property by school trustees for school purposes. Powers of Trustees. Sec. 4. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. SAVANNAH POLICE COURT; MAYOR'S POWER; SENTENCES; DISEASED PRISONERS. No. 436. An Act to amend an Act approved August 11, 1906, and entitled An Act to enlarge the jurisdiction and power of the Police Court of the City of Savannah, Georgia, and of the recorder thereof; to provide for a clerk of said court, defining his duties, declaring the police force of said city to be officers of said court; making provisions for the taking of
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bail, forfeiture of recognizances, and punishment for contempt and for other purposes. Section 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 11, 1906, the caption of which is quoted in the caption hereof, be and the same is hereby amended by striking therefrom the following portion of Section 2 of said Act, to-wit: Ga. L. 1906, p. 1034; Sec. 2 amended. The Mayor of the City of Savannah shall by virtue of his office have the same power and authority to preside in said court as said recorder, and may preside therein at any time, with or without the recorder, and when the mayor and such recorder shall preside together and differ in opinion, the said mayor shall pronounce the judgment of the court. Part stricken, as to Mayor's power to preside in recorder's court. (a) The following sentence shall be stricken from the last three lines of Section 5 of the Acts, approved August 11, 1906, and have the caption stated in the caption of this Act, to-wit: Upon written recommendation of the recorder or presiding officer of said court, who may have imposed such fine. Part of Sec. 5 stricken. (b) The said city council shall also have the right to review, revise, amend, decrease, suspend, or remove any sentence imposed by the recorder or person presiding in his stead, by a majority vote of the entire membership of council, the mayor having the right to vote, upon appeal to be made to the meeting of council held next after the judgment and sentence of the court, and council shall not postpone action on such appeal for more than one meeting. In case appeal is made where a fine is imposed, the fine shall be paid before the defendant is released. If the defendant is imprisoned without an alternative fine, the defendant shall be released upon placing a cash bond with the clerk of police court in a sum to be fixed by the recorder, not to exceed five hundred ($500.00) dollars, which shall be forfeited to the City of Savannah if the defendant does not appear in the recorder's court to abide the judgment of council on his appeal by nine o'clock of the day next after action is taken by the said city council. This
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appeal shall in no wise affect the right of certiorari directly from the decision of the recorder to the Superior Court. Council's power to change, suspend, or remit penalties imposed by recorder. Appeal to council. Cash bond. Sec. 2. Be it further enacted by the authority aforesaid, That whenever any defendant is convicted of any offense in the Police Court of Savannah carrying a sentence of confinement, and it shall appear to the satisfaction of the court that such defendant so convicted is suffering from a venereal or communicative disease, such as would endanger the health of the public, or be a menace to society should the defendant be released without cure, that then and in such event the court shall be empowered, in addition to the sentence prescribed by municipal ordinance, to impose an indeterminate sentence upon the defendant, to run not more than twelve months, and the defendant so convicted shall be treated by the Health Officers of Chatham County for such disease at the place of confinement, or placed by the proper authorities in a proper institution for treatment, provided that the prisoner may be released at any time by the said court upon showing that the prisoner has been cured or that proper arrangements have been made to effect a cure outside the place of confinement. In releasing the prisoner the court may impose such terms as will insure the cure of the prisoner and the safety of society. Diseased prisoners. Sec. 3. Be it further enacted, That all laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924. SAVANNAH; PURCHASE OF STREETS, ETC.; ADVERTISING; PLUMBING; STADIUM; DEDICATION; STREET CLOSING; ELECTIONS; PENSION AGE; CHARITY, EDUCATION; LIMITS, ETC. No. 310. An Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Mayor and Aldermen of the City of Savannah is vested with full power and authority to purchase or acquire private streets, lanes, alleys, sidewalks, curbing, parks, drains, sewers, sewer pipes, manholes, catch basins, and to make contracts for additional streets, lanes, alleys, sidewalks, curbing, parks, and for the collection and disposal of garbage, and for any and all other matters pertaining to the health and welfare of the inhabitants of the City of Savannah, within the corporate limits of the City of Savannah as they are or hereafter may be defined, and within two miles of said corporate limits. Authority to acquire streets, etc. Sec. 2. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah shall have the authority and be empowered to appropriate from the City Treasury, sums not exceeding one hundred thousand ($100,000.00) dollars in any one year. The sum or sums so appropriated shall be spent to advertise the advantages of said city and to promote the growth and interests of the city, or the welfare of its inhabitants, under the direction of and in such manner as shall be determined by the Mayor and Aldermen of the City of Savannah, or by any Committee of Council appointed by the Mayor and Aldermen of the City of Savannah. Authority to appropriate $100,000 yearly for advertising, etc. Sec. 3. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah is hereby authorized and empowered to pass ordinances requiring that faulty or defective plumbing shall be repaired or corrected by the city authorities after ten (10) days' notice has been given the owner or the agent of said premises to repair or correct the same, where the existence of such faulty or defective plumbing causes the wastage or leaking of water upon any premises to which water is furnished by the water department of the City of Savannah. The Mayor and Aldermen of the City of Savannah is authorized to make reasonable charges therefor against the owners of the property and to enforce collection of such charges where the same remains
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due and unpaid for a period of thirty (30) days, by execution to be issued by the City Treasurer of said city against the owner of said premises upon which is situated such faulty or defective plumbing, and against such other person or persons as may be liable therefor. The said execution shall be a lien upon the said property or premises and, when recorded in the General Execution Docket of Chatham County, Georgia, shall be a lien on all of the property of the defendant or defendants in execution from the date of such record. The said execution shall be levied and the property sold in the manner now provided for the levying and collection of executions issued by said City of Savannah for water rents, and the proceedings and provisions for the filing of an affidavit of illegality by the defendant or defendants in execution, as well as the proceedings for the filing of a claim to the property levied upon by a third person, shall, in all respects be similar to the proceedings and provisions of the law applicable to the levying of executions for water rents by the said Mayor and Aldermen of the City of Savannah. Defective plumbing, repair of. Execution for cost of repairs. Sec. 4. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah is authorized and empowered to appropriate from the City Treasury such sum or sums as may be necessary to construct an athletic stadium or park upon such location within or without the corporate limits of the City of Savannah as shall be selected by the Mayor and Aldermen of the City of Savannah. The said Mayor and Aldermen of the City of Savannah shall have power to purchase or otherwise acquire such location; to operate and maintain said stadium or park after construction; to establish and enforce rules and regulations governing the use of such stadium or park; to charge admission into said stadium or park upon such occasions as may be determined by the Mayor and Aldermen of the City of Savannah or any committee of council appointed for such purpose. The Mayor and Aldermen of the City of Savannah is hereby authorized by the authority aforesaid to enter into an agreement with the Park and Tree Commission of the City of Savannah created under that Act of the General Assembly of the State of Georgia,
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approved November 30, 1895, for the use of any portion of any park or public place now or hereafter under the control or management of said Park and Tree Commission, for the construction of such stadium thereon and for the maintenance and control and operation of said stadium, and for the return of the money appropriated by the Mayor and Aldermen of the City of Savannah for the construction of such stadium from the income to be derived from its operation. The authority is expressly conferred upon said Park and Tree Commission to enter into such agreement with the Mayor and Aldermen of the City of Savannah. Authority to construct stadium or park, to charge admission, etc. Authority to enter into agreement with Park and Tree Commission. Sec. 5. Be it further enacted by the authority aforesaid, That Section 2 of the charter amendment of the Mayor and Aldermen of the City of Savannah, approved August 17, 1914, and to be found in the published volume of Georgia Laws for the year 1914; on page 1179, be amended by adding the following subsection, to-wit: Provided, however, that where the owners of subdivisions lay off, grade or otherwise improve the streets, lanes, plats and reservations of such subdivisions, the title to the same shall remain in the owners of the subdivision subject to the use of the lot owners as expressed in their deeds, contracts and agreements, and as provided by general laws; and the city may acquire such title by contract based upon the public improvements placed thereon or by condemnation under existing laws. Ga. L. 1914, p. 1179 Sec. 2. [Illegible Text] Title to dedicate streets, etc., in subdivisions. Sec. 6. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah is hereby authorized and empowered: (1) To close and abandon (a) That part of Purse Street in the City of Savannah, Georgia, which lies between the southern line of Harris Street and the northern line of Charlton Street; (b) That part of Harris Street in Savannah, Georgia, which is bounded on the north by the northern line of Harris Street; on the east by a north and south line which commences at a point on the southern line of Harris Street thirty (30) feet west of the East line of lot five (5) Railroad Ward and runs thence in a northerly direction thirty-eight
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and four-tenths (38.4) feet more or less to the northern line of Harris Street and Purse Street, as said street now exists, and on the west by the western line of Harris Street. Authority to close parts of Purse Street and Harris Street, and convey to Central of Ga. Ry. Co. (2) To convey to Central of Georgia Railway Company, its successors and assigns, in fee simple, the portions of Purse and Harris Streets which said mayor and aldermen are hereby empowered to close and abandon, for such considerations and upon such conditions as may be agreed upon between said Mayor and Aldermen and Central of Georgia Railway Company. Sec. 7. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah is hereby authorized and empowered to close and abandon the following named streets in the City of Savannah. Authority to close 13th, 14th, and 15th Streets, and convey to abutting property owners. (a) Thirteenth Street, running from Montgomery Street on the east to West Broad Street on west. (b) Fourteenth Street, running from Montgomery Street on the east to West Broad Street on the west. (c) Fifteenth Street running from Montgomery Street on the east to West Broad Street on the west. The power herein given to the Mayor and Aldermen of the City of Savannah may be exercised now or hereafter as to all of said above named streets or to any one or more of said streets, and the said Mayor and Aldermen of the City of Savannah is authorized to convey in fee simple the said streets or any one or more of said streets to the abutting property owners, whomever they may be, at the time of the exercise of the powers herein conferred for such considerations and upon such conditions as may be agreed upon between the Mayor and Aldermen of the City of Savannah and said abutting property owners. Sec. 8. Be it further enacted by the authority aforesaid, That that portion of Section 13 of the charter amendment to the City of Savannah, approved August 19, 1922, and to be
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found on page 970 of the published Acts of Georgia Laws 1922, which contains the following sentence: The booths shall be made of movable material, and the expense to be jointly borne by the City of Savannah and the County of Chatham; be and is hereby repealed. Section 13-a is also repealed. Any other portion of said Act or any other local act regulating city elections that is not in conformity with the State-wide Australian Ballot Law is hereby repealed. Ga. L. 1922, p. 970; Sec. 13, Sec. 13(a). Parts stricken, as to voter's booths. Repeal of other parts of act, in conflict with State Law. Sec. 9. Be it further enacted by the authority aforesaid, That from and after the passage of this Act it shall be unlawful and illegal for the Mayor and Aldermen of the City of Savannah, or any department of the city to permit the placing of gasoline or oil tanks or filling stations within the street or sidewalk lines of any of the streets or sidewalks of said city, but all such tanks or filling stations in operation at the time of the approval of this Act may be continued in the discretion of the Mayor and Aldermen of said city. Upon the discontinuance of any such tanks or filling stations now being used, located within the street or sidewalk lines, the said authorities of said City of Savannah shall require the same to be immediately removed, and no permission shall be granted to relocate such tanks or filling stations on the streets or sidewalks. Gasoline tanks or filling stations within street or sidewalk lines prohibited. Sec. 10. Be it further enacted by the authority aforesaid, That Section 5 of the charter amendment of the City of Savannah approved July 27, 1921, and to be found in the published volume of the Georgia Laws of 1921 on page 1077 be and the same is hereby amended by striking from the third line of said Section 5 the following words: of the age of 60 years or upwards. Ga. L. 1921, p. 1077, Sec. 5. Pension age limit stricken. Sec. 11. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah is hereby authorized and empowered to close and abandon as a street that portion of Tattnall Street in the City of Savannah, fourteen (14) feet in width and running from the south property line of Hall Street to the north property line of Gwinnett Street, the said strip so abandoned being the center fourteen (14) feet of Tattnall Street, the east and west lines thereof
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being respectively sixteen (16) feet distant from and parallel to the present eastern and western curb line of Tattnall Street, and to dedicate the same as a park and memorial to Commodore Josiah Tattnall and after such dedication, to appropriate out of the Treasury of the City of Savannah such an amount as may be determined by the Mayor and Aldermen of the City of Savannah as necessary or expedient to establish a suitable memorial. Authority to close part of Tattnall Street, to be dedicated for park. Park as memorial to Commodore Tattnall. Sec. 12. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah are hereby authorized and empowered to close and abandon a rectangular strip of the sidewalk on the north side of St. Julian Street, being four and fifty-nine hundredths (4.59) feet in width and ninety-three and fifty-four hundredths (93.54) feet in length from the northeast corner of Drayton and St. Julian Streets in an easterly direction and being bounded on the north by the west part of lot R Reynolds Ward in the City of Savannah and to convey the same to the abutting property owner, the Realty Investment Company, a corporation under the laws of the State of Georgia, its successors and assigns, in fee simple for such consideration and upon such conditions as may be agreed upon between the Mayor and Aldermen of the City of Savannah and the Realty Investment Company. Authority to close part of sidewalk on St. Julian Street, and convey to abutting property owners. Sec. 13. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Savannah is hereby authorized and empowered to appropriate from general funds not more than fifteen thousand ($15,000.00) dollars in any one year to be expended under the direction of the Mayor and Aldermen of the City of Savannah, or of a Committee of Council appointed for such purposes, by any educational or charitable institution or agency of such, for the purpose of giving aid to or encouraging educational or charitable needs of the inhabitants of the City of Savannah. Authority to appropriate $15,000 yearly for aid of education or charity. Sec. 14. Be it further enacted by the authority aforesaid, That the corporate limits of the City of Savannah from and after the passage of this Act shall be extended as follows:
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(a) The corporate limits of the City of Savannah shall from and after the passage of this Act be extended so as to include all of that territory in Chatham County, Georgia, lying immediately south of the present corporate limits of the City of Savannah, between the eastern side of Bull Street, sometimes known as White Bluff Road, and the western side of Habersham Street, and extending southwardly from the present southern corporate limits of the City of Savannah to the northern side of that street known as Fifty-sixth (56th) Street, the said new territory thus incorporated as a part of the City of Savannah, being bounded on the east by the westerns side of Habersham Street, on the south by the northern side of Fifty-sixth (56th) Street, on the west by the eastern side of Bull Street, and on the north by the present southern corporate limits of the City of Savannah. Those citizens of the State of Georgia resident in said territory shall upon the passage of this Act become citizens of the City of Savannah and entitled to all the rights and privileges, duties and responsibilities of citizens of said city. Corporate limits extended. Sec. 15. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, or any section thereof, be and the same are hereby repealed. Approved August 1, 1924. SAVANNAH REFERENDUM AS TO ALDERMEN'S ELECTION, POWERS, RECALL; MAYOR, VICE-MAYOR; NEW DEPARTMENTS; ABOLITION OF OFFICES; CITY MANAGER; CIVIL SERVICE, ETC. No. 278. An Act to amend an Act of the General Assembly of Georgia, approved December 23, 1789, creating and incorporating the Mayor and Aldermen of the City of Savannah, and the Acts amendatory and supplementary thereof, and all other Acts applicable to said city; to provide for the election
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of aldermen of said city, and to define their powers, duties and compensation; and to provide for the selection of a mayor and vice-mayor from among their number; to establish departments and abolish certain offices therein; to provide for a city manager and to define his duties and powers; to provide for the recall of aldermen; to establish civil service for the employees in certain departments; to define offenses under this Act and fix punishment therefor; to amend or repeal such laws as may be necessary to carry this Act into effect; to provide for a submission of this Act to a vote of the electors of said city for 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 the authority of the same, That the Act of the General Assembly of Georgia, approved December 23, 1789, creating and incorporating the Mayor and Aldermen of the City of Savannah, and the Acts amendatory and supplementary thereof, and all other Acts applicable to said city, be and the same are hereby amended in the following particulars: As to referendum, See Sec. 26, p. 702, infra. Section 1. The City of Savannah, as a corporation, shall continue to exist under the name and style of The Mayor and Aldermen of the City of Savannah. The corporate existence, identity, the territorial limits, and jurisdiction, with all corporate rights, powers and privileges conferred, and all property and property rights now held, owned or possessed by said city, and all duties, obligations and liabilities imposed by law are hereby preserved into and against said city, except as altered and amended by this Act. All general or local laws applicable thereto, and all resolutions and ordinances thereof now of force, not in conflict herewith, shall remain unchanged, subject, however, to the right of the duly constituted authorities of said city to hereafter amend or repeal the resolutions and ordinances of said city. Corporate name. Powers preserved except as changed by this Act. Sec. 2. The Board of Aldermen of said city shall consist of five Aldermen, to be chosen by ballot on the second Tuesday in January, 1925, by voters entitled to vote at municipal elections
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in said city, and the Board of Aldermen shall hold their offices, subject to recall as hereafter provided, until their successors are duly elected and qualified as follows: The terms of said aldermen shall begin on the second Monday after their election, and shall continue respectively two for two years, two for four years and one for six years, and until their successors are elected and qualified. The persons so elected shall determine by lot which of the terms each shall have, and they shall hold accordingly. Upon the second Tuesday in January of the year of the expiration of the terms, of the several aldermen, their successors shall be chosen by ballot by the voters entitled to vote at municipal elections; and such successors shall be elected for a period of six years and until their successors are elected and qualified. Board of Aldermen; election. Board of Aldermen; terms. Subject to recall. Sec. 3. At the first meeting after each regular election a mayor and a vice-mayor shall be elected by the aldermen from among their own members, and they shall hold office for two years. The vice-mayor shall act as mayor when the mayor is absent from the city or is unable to act, and in case of a vacancy until such vacancy is filled by the aldermen, which shall be within sixty days from the date of the vacancy. Mayor and vice-Mayor. Vacancy. The mayor or vice-mayor shall preside at all meetings of the city council save that in their absence or disability to preside the council shall elect one of its members presiding officer. A quorum for business shall consist of the mayor, or presiding chairman, and two aldermen. It shall require at least three affirmative votes to carry any ordinance, resolution, motion or measure, the mayor or presiding chairman having a vote but no veto. The Board of Aldermen shall qualify and be indicted into office in the same manner as the mayor and aldermen are now qualified and indicted into office. Quorum. Three votes to carry ordinances, etc. No veto power in Mayor. The Board of Aldermen shall hereafter be known as the City Council. Board of Aldermen to be known as City Council. Sec. 4. Should there be a failure to elect five aldermen by reason of two or more candidates receiving the same number of votes, then those aldermen elected shall proceed, at the first meeting after their qualification and the organization of
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the City Council, to elect from among those candidates receiving the same number of votes the aldermen who shall serve on said board. Failure to elect five aldermen; election by other aldermen. Sec. 5. In case of a vacancy in the office of Alderman by death, resignation or otherwise, the City Council shall within sixty days from the date of the vacancy, elect an alderman, any citizen of the City of Savannah being eligible for election to such office, who shall hold office until the next regular election for aldermen, at which time a successor shall be elected for the unexpired term. Vacancy in office of alderman. how filled. Sec. 6. The City Council shall have, possess and exercise all executive, legislative and judicial powers, and all other rights, powers, privileges and duties now possessed and exercised by the present mayor and aldermen of said city, except as altered or amended by this Act. They shall have full authority to pass ordinances, levy taxes, make appropriations, fix licenses, and to do and perform all other Acts now authorized or required of the mayor and aldermen of said city, except as otherwise provided in this Act, and the mayor shall have the power and authority heretofore vested in the mayor, except as otherwise provided in this Act. City Council's powers. Sec. 7. Each Alderman of the City of Savannah shall receive the same salary, payable in the same manner as now fixed by law for aldermen of said city. The city council (excluding the mayor) shall fix the compensation of the mayor, which shall not be changed during his tenure of office as mayor. Salaries of Mayor and Aldermen. Sec. 8. The following shall constitute the departments of the city government, and the titles of the heads thereof: 1. Police Department, the head of which shall be designated Chief of Police; 2. Fire Department, the head of which shall be designated Chief of the Fire Department; 3. Public Health, the head of which shall be designated Health Officer; 4. Department of Law, the head of which shall be designated City Attorney; 5. Public Works, the head of which shall be designated Director of Public Works; 6. Public Finance, the head of which shall be designated Treasurer; 7. Department of Water, the head of which shall be designated Superintendent
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of Water Works; 8. the Board of Audit and accounting, the head of which shall be designated as Comptroller; 9. Department of Markets, the head of which shall be designated as Superintendent of Markets; 10. Departments of Rivers and Harbors, the head of which shall be designated Harbor Master; 11. Department of Engineering, the head of which shall be designated as City Engineer. Departments of city government. The City Council may create new departments, combine or abolish existing departments or establish temporary departments at their discretion. Additional departments. The duties of the heads of said departments until otherwise provided by the City Council shall be the same as now provided by law for similar heads of departments of the City of Savannah, except as altered or amended herein. Duties. Sec. 9. The City Council shall, within thirty days after their election and qualification, select and appoint a city manager, which office in the City of Savannah is hereby expressly created. He shall be chosen without regard to residence or political affiliation, but shall be an American citizen. He shall be the administrative head of the municipal government. He shall have his salary fixed by the City Council at the rate of not less than $7,500.00 nor more than $15,000.00 per annum, and shall hold office only at the pleasure of the City Council, and shall be subject to removal by it at any time, with our without notice or statement or proof or cause, during the first six months of his incumbency; thereafter only after formal charges and a public hearing and ten days' notice thereof in writing with a copy of said charges to him. The decision of the City Council upon removal shall be final and conclusive. He shall be selected with due regard to his experience and fitness for handling municipal affairs in an efficient and economical manner, and shall be directly responsible to the City Council for the faithful discharge of his duties and for the efficient and economical conduct of all city departments. During his absence or disability the City Council may designate some properly qualified person to execute the functions of the office. The powers and duties of the City Manager shall be as follows: City Manager; office created. Nonresident may be chosen. Salary not to exceed $15,000 per annum. To hold office at pleasure of council. How removed. Absence or disability of provision for.
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(a) To see that all laws and ordinances of said city are enforced; Powers and duties of City Manager. (b) To exercise control over all departments and divisions of the city hereby created, or which may hereafter be created by the City Council, except as herein otherwise provided; (c) To attend all meetings of the City Council, with the right to take part in all discussions, except when they are considering his removal or fitness for office, but having no vote at any meetings; (d) To recommend to the City Council for adoption such matters as he may deem necessary and expedient; (e) To prepare and submit to the City Council at such time as they may request, and at least annually without any request, an annual budget, setting out the probable needed expenditures in all departments of the city for the ensuing year, and in the preparation of such budget the said City Manager shall faithfully and honestly strive in keeping with the real needs of the city to recommend such expenditures as will enable a reduction of city taxes; and to publish annually a complete statement of the financial affairs of said city; (f) To keep the City Council fully advised as to the financial condition and needs of the city; (g) To supervise and direct the official conduct of all appointive officers and employees, except as otherwise herein provided; (h) To supervise the performance of all contracts made by any person for work done for the city, and to make all purchases of materials and supplies used by the city under such rules and regulations as the City Council may adopt; (i) To appoint, discharge and fix the salaries of, all officers and employees in all departments (except those appointed or elected by or with the advice and consent of the City Council, and except as otherwise provided in this Act), provided that all such terms of employment shall be only at the pleasure of
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the City Manager, and such officers and employees shall be removable by him, or his successor, at any time with or without notice or statement or proof or cause. All such appointments shall be made upon merit and fitness alone. In the choice of employees of the city, all things being equal, bona fide residents of the City of Savannah shall be given preference, and in positions requiring special skill and knowledge in any department only persons technically trained shall be chosen for such position. Power to appoint, discharge, and fix pay of officers and employees. See Sections 10, 11. (j) To make and execute all lawful contracts on behalf of the city, except such as may otherwise be provided by law or by ordinance passed by the City Council, provided that no contract purchase or obligation involving over $500.00 shall be valid and binding until and after approval by the City Council. (k) To perform any other additional duties not inconsistent with those named herein that the City Council may by ordinance or resolution prescribe. Sec. 10. The City Council shall fix all salaries of the heads of departments and of the City Manager. All other salaries shall be fixed by the City Manager, except as otherwise provided herein. Salaries. Sec. 11. The offices of Chief of Police, Chief of the Fire Department, Health Officer, City Attorney, Director of Public Works, City Treasurer, Superintendent of Water Works, Comptroller, City Marshal, Clerk of Council, Harbor Master, City Engineer, and Clerk of Markets, now existing, are hereby abolished if and when this Act becomes effective. Abolished offices. The City Manager shall, with the advice and consent of the City Council, appoint all heads of departments except the Clerk of Council, the Comptroller and the City Marshal, who shall be appointed by the City Council. The compensation of the Clerk of Council, the Comptroller and the City Marshal shall be fixed by the City Council. Officers appointed by City Manager. Heads of departments, except the Clerk of Council, the Comptroller and the City Marshal, shall be subject to removal
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by the City Manager at any time with or without notice or statement or proof or cause; but any head of a department shall have the right of appeal to the City Council, the decision of which after a public hearing, shall be final and conclusive. Officers removable by City Manager. Appeal by removed employee. Sec. 12-a. The Board of Tax Assessors of the City of Savannah shall be elected, their terms of office, their compensation and their powers, duties and responsibilities fixed by the City Council as now or as hereafter may be prescribed by ordinance. Board of Tax Assessors. (b) The Act of the General Assembly of Georgia of November 30, 1895, creating a Park and Tree Commission for the City of Savannah, and all Acts amendatory thereof, are hereby expressly re-enacted. Park and Tree Commission. Sec. 13. The said City Manager shall devote his entire time to his office as City Manager, and the Mayor, Vice-Mayor and Aldermen shall devote as much of their time as may be necessary. The said City Council shall meet at least twice a month at stated intervals, and shall hold their meetings in public except when they deem an executive session expedient, and shall otherwise do and perform all of the duties now required of the mayor and aldermen of said city. The Clerk of Council shall keep a report of their meetings and shall record all their actions, which record and minutes shall be open to the inspection of the general public in the office of said Clerk of Council in the city-hall at all reasonable hours. All votes shall be taken by aye and no and shall so appear on the minutes. City Manager's entire time to be devoted to office. Council meetings. Records and minutes. Sec. 14. The City Council may require the said City Manager to come before them at any time to answer questions either orally or in writing, and may require from said City Manager, at any time, written reports upon any matter involving the city, and the said manager shall at stated intervals, at least quarterly, file full and complete reports of the various departments of the city, and of the outstanding contracts of the city, and of the progress of the work to be done thereunder, and of all liabilities encurred by him in behalf of
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said city since his last report. All such reports shall be filed with the Clerk of Council and by him brought thereafter to the attention of the City Council at their first regular meeting thereafter. Reports by City Manager. Sec. 15. The City Manager shall sign all vouchers for the payment of money under such rules and regulations as the City Council may prescribe. The City Council may prescribe who shall sign vouchers with the City Manager for the payment of said funds and under what rules and regulations. Said City Council may prescribe rules and regulations for the purchase of supplies under competitive bids and the City Manager shall be governed thereby. Vouchers. Sec. 16. It shall not be lawful for the City Manager or for any officer or agent of the City of Savannah to have any financial interest directly or indirectly in any contract with the City of Savannah or in any contract or engagement of a pecuniary character in which the corporation of the City of Savannah is either directly or indirectly concerned and the officers or agent so offending may be dismissed from office by the City Council. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 1065 of the Penal Code of Georgia. Unlawful interest of officer in contract, etc. Penalty. Sec. 17. Neither the City Manager, nor any other official or employee of any department of said city shall contribute any money towards the election or nomination of any person as an alderman of said city. Any violation of this section shall subject the offender to removal and he shall thereupon be ineligible for a period of five years next following to hold any office of trust or enrollment of the Mayor and Alderman of the City of Savannah; Provided, however, That if any of such officers or employees shall become a candidate for election as an alderman he may pay the legitimate assessment levied against such candidate for election. Unlawful contribution to election or nomination. Penalty. Sec. 18. Any member of the City Council shall be subject to removal during his term of office in the following manner: An election shall be called as hereinafter provided whenever
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there shall be filed in the office of the clerk of council a petition signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least 25 per cent. of the registered voters of said city as disclosed by the registration list used in the most recent preceding general election for aldermen. Such petition shall show in general terms the grounds upon which the removal is sought and each signer shall state his residence, giving the street and number. The petitions may be in duplicates, but the voter can sign only one. Each signature shall be attested by one witness. Such witness shall make oath before an officer competent to administer oaths that the signature attested by him appended to the paper is the genuine signature of the person whose name it purports to be. Should the officer sought to be removed resign, no election shall be had, and the vacancy shall be filled as provided in Section 5 of this Act. Such petition shall be examined by the clerk of the council, and the names thereon checked against the registered electors in said city entitled to vote at such elections, within ten days from the filing of said petition. A representative of the petitioners and the aldermen sought to be removed shall have the right to be present at the checking of the list. In the event of an issue arising as to the sufficiency of the petition, on the application in writing of any petitioner or the alderman sought to be removed to the City Council, such issue shall be instantly referred to the City Council. No alderman sought to be removed shall be eligible to pass upon such issue; the City Council shall pass upon such issue within one week thereafter, and in the event three or more members of the City Council are sought to be recalled at the same time or said City Council fails to decide said issue within one week from the reference thereof, then such issue shall be instantly referred by the Clerk of Council to the Judge of the Superior Court of Chatham County who shall decide said issue. The findings of the City Council or of the Judge of the Superior Court (as the case may be) shall be final and conclusive and shall be reported in writing to the Clerk of the Council and he shall be bound thereby. If the requisite number of electors as above provided have so petitioned, the Clerk of Council shall thereupon so certify
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and an election shall thereupon be ordered by the City Council, to be held not less than thirty days nor more than forty days thereafter; provided, however, that no petition for removal of any officer shall be circulated within six months, nor shall there be an election for the removal of any officer within twelve months, from the date of his election to office, nor shall any officer be subject to more than one such election for removal during any period of twelve months. Such elections shall be had and conducted under the rules and regulations then existing in reference to regular city elections, except as otherwise herein provided. The member of the City Council whose office shall be thus involved may be a candidate to succeed himself, and unless he request otherwise in writing, the Clerk of Council shall place his name on the official ballot without nomination. All opposing candidates who shall be nominated by a petition signed by not less than one hundred qualified voters of said city, giving names and street address thereof, and filed with the Clerk of Council not less than five days prior to the date of election, shall be duly entered, and their names shall be placed upon the ballots to be submitted to the voters. The person receiving a majority of votes cast at such election shall be declared elected for the unexpired term and authorized to assume the duties of said office after duly qualifying. If no opposing candidate shall receive a majority of the votes cast at such election, the incumbent shall continue in office. Removal of member of council. Petition for removal of alderman. Attestation of signatures. Registration. Determination of issue as to sufficiency of petition. Election as to removal. Petitions nominating candidates. Majority necessary to elect. Sec. 19. A civil service board of three members shall be elected by the City Council within thirty days after they qualify. No member of such board shall hold any other national, State, county or city office, employment or agency. The terms of members first elected shall be so arranged that one shall expire every second year, and elections thereafter made upon the expiration of any term shall be for six years. The City Council shall likewise fill any vacancy in the board for the unexpired term. A member of the civil service board may be removed by a two-thirds vote of the City Council for neglect of duty, incapacity or malfeasance in office, but only after opportunity has been given for a public hearing before the
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City Council, to be held not less than ten days after written charges have been made and notice thereof given to the accused member. Civil Service Board. Eligibility. terms, elections. Removal of member. Sec. 20. The civil service board shall be furnished an office in the city-hall, and a clerk whose compensation shall be fixed by the civil service board and paid by the city. Office and clerk of board. Sec. 21. It shall be the duty of said civil service board, as soon as possible after their election, to provide proper civil service rules and classification for employees of the fire and police departments, and with the exception of the Chief of Police and Chief of Fire Department, they shall be immediately placed under civil service rules and regulations without examination, and no employees of these two departments shall be dismissed from office except for just cause and with the right of fair hearing before, and trial granted by, said civil service board and after reasonable notice in writing to the employee. Duties of board. Fire and police departments to be placed under civil service regulations. Sec. 22. All future vacancies in the Police and Fire Departments, except in the office of the chief, shall be filled from the list of those who have filed their applications for such positions with the civil service board and who shall be qualified for such position by passing a reasonable and practicable examination prescribed by the board, which shall demonstrate their fitness for the particular employment. A list of eligibles at least double in number to the vacancies to be filled shall always be furnished by said board to the City Council and the City Manager, and said City Manager shall appoint from the list of eligibles furnished, after advising with the Chief of the Department. Vacancies. how filled. List of eligibles. Sec. 23. It shall be the duty of the civil service board to hold at least two examinations a year in order to qualify candidates and to place same on the eligible list of the city departments under civil service rules and regulations. Examinations. Sec. 24. The civil service board shall make, promulgate, and when necessary, amend, rules regulating reinstatement, suspension and removal of city employees in the classified service. These rules shall protect the city employees in their
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terms of office in order that such employees cannot be dismissed without cause. Before any such rules or amendments shall become effective they shall be printed and an opportunity given for a public hearing thereon to be held after reasonable notice thereof has been given by the board. The board shall report its proceedings to the City Council and to the City Manager when so requested, and shall make a report to the City Council at the beginning of each fiscal year. Rules. Publication of rules; public hearing thereon. Sec. 25. Ordinances in aid and extension of these civil service provisions and not in conflict therewith may lawfully be adopted. Ordinances in aid of rules. Sec. 26. This Act shall be submitted to the registered voters of the City of Savannah upon special election to be called by the Mayor and Aldermen of said city, which election shall be held in the way and manner and be governed by the laws that now control the general city elections, on the Tuesday after the first Monday in November, 1924. If a majority of the votes cast disapprove this Act, it shall not become operative. If a majority of the votes cast approve said Act, it shall become operative. The form of the ballot to be used in said election shall be in substance For the Commission Manager form of government, and Against the Commission Manager form of government, and the voter shall strike the words For the Commission Manager form of government or Against the Commission Manager form of government, as he may desire; and the words which he does not strike shall indicate the form of government which he favors. At said election those who favor the approval of this Act shall have the right to name an election manager for each box and those opposed likewise have the right to name a manager at each box, and the said election shall be held in the same manner as now fixed for the general municipal elections in said city. Referendum as to this Act, Nov. 4, 1924. Form of ballot. Election Managers. Sec. 27. At least thirty days before said election to determine whether or not this Act shall become effective in said city, the board of registrars of Chatham County shall purge the list of registered voters of said city in the same manner as required by law for the purging of the list of registered voters
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of Chatham County prior to the general State and county elections, and the list after being so purged shall be by them furnished to the election managers as a list of the duly qualified voters entitled to participate in said election. The said list so purged shall be published by the registrars in a daily newspaper in said city at least fifteen days before said election and the cost of such publication shall be paid by the city. Registration list to be purged by County Board of Registrars. Publication of registration list. Sec. 28. All penal laws now of force with reference to primary and general elections in the City of Savannah, with reference to corrupting the voter, impersonating another, or other unlawful act, are hereby expressly made applicable to the election in which this Act is submitted to the voters of said city for ratification or disapproval and to all future general and primary elections for aldermen. Penal laws applicable to elections. Sec. 29. Subject to the rights of discipline and removal with which the officers of the City of Savannah are now empowered to present officers, agents and employees of the City of Savannah, and their successors, shall remain in office with the same rights, powers, duties and responsibilities as are now fixed by law and the ordinances of said city, until the officers of the City of Savannah provided by this Act have been elected, selected or appointed, as the case may be, and qualified for said offices, respectively. Present officers and employees continued, subject to change under this Act. Sec. 30. All laws and parts of laws in conflict herewith are hereby repealed. Approved July 18, 1924. SHINGLER; REPEAL OF CHARTER. No. 255. An Act to repeal an Act to incorporate the Town of Shingler, in the County of Worth, approved August 16, 1912, and all Acts amendatory thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority
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of same, That from and after the passage of this Act, That an Act approved August 16, 1912, to incorporate the Town of Shingler in the County of Worth, and all Acts amendatory thereof, be and the same are hereby repealed. Charter repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 9, 1924. SMYRNA MAYOR AND COUNCIL, ELECTION AND TERMS OF. No. 426. An Act to amend and supersede the Act incorporating the Town of Smyrna as the Mayor and Council of the Town of Smyrna, in Cobb County, approved December 8, 1897, and the several Acts amendatory thereof, by changing the date of the election of the mayor and councilmen of said town, fixing their terms of office, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act incorporating the Town of Smyrna, in Cobb County, Georgia, approved December 8, 1897, and the Acts amendatory thereof, be amended as follows, to-wit: Acts amended. Sec. 2. Be it further enacted by the authority aforesaid, That at the first election after the passage of this Act, which shall be held on the first Saturday in November next, the mayor and the two councilmen receiving the highest number of votes cast thereat shall hold office for a term of two years from the first Monday in January, 1925, and the other three councilmen elected at said election shall hold office for a period of one year. At the election to be held for councilmen on the first Saturday in November, 1925, three councilmen shall be elected
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to hold office for a term of two years. At subsequent elections all councilmen elected shall be for a term of two years. Election and terms of Mayor and councilmen. Sec. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the election for mayor of said town shall be held biennially on the first Saturday in November for the term beginning on the first Monday in January next after said election, and the election for councilmen to be held on said date shall be for terms as specified in Section 2 hereof. Same subject. Sec. 4. Be it further enacted, That the mayor and councilmen of said town shall qualify for their respective offices at the first regular meeting of said mayor and council on the first Monday in January next after their election. The present mayor and councilmen of said town shall continue in office until the first regular meeting of said mayor and council on the first Monday in January, 1925, and until their successors are elected and qualified. Time of qualifying. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 12, 1924. SUMMIT, CHARTER OF CITY OF. No. 462. An Act to incorporate the City of Summit, in the County of Emanuel and State of Georgia; to define its limits; to provide for a mayor and councilmen, and for other officers for said city; to prescribe their qualifications, powers and duties; to provide for the registration and qualification of voters; for the passage of all ordinances and penalties necessary for said city; to provide elections for and issuing of bonds for the erection, establishing or maintaining school buildings, schools, electric lights, water works, and sewerage
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systems, and for the purchase of all land necessary therefor; to provide a revenue and tax assessors for said city, and define their powers and duties; to provide for the laying out and opening of streets and for the condemnation of property for said purpose; to regulate the erection of houses and designate fire limits and abate nuisances of all kinds, and to regulate the sanitary condition of said city; to grant or refuse franchises; to provide for acting in conjunction with the city authorities of the City of Graymont in establishing or maintaining schools, electric lights, water works, or sewerage systems, or for the erection of school buildings or for the purchase of lands for said purpose; and to provide for all other purposes conducive to the well being of said city. Section 1. Be it enacted by the General Assembly of Georgia, and is hereby enacted by the authority of the same, That the City of Summit shall from and after the passage of this Act, have and be known by the corporate name of the City of Summit; that by such corporate name it may sue and be sued, plead and be impleaded; have and use a corporate seal, make and enact through the mayor and councilmen, ordinances, resolutions, rules and regulations for the transaction of its business and the proper government of the city, which shall be consistent with the laws of the State of Georgia and the United States. Said corporation through its mayor and councilmen shall have special powers in its corporate capacity to make all contracts which they may deem necessary for the welfare of the city or its citizens; to assess values of property, levy and collect taxes thereon; to remove nuisances. They shall have full control and power over the streets, lanes and alleys of the city, and to buy land and personal property; to move obstructions therefrom, and all powers as is generally exercised by and granted to municipal corporations, and shall, in general, have all the powers incident to corporations under the laws of this State; and, in addition thereto, all the powers which are necessary and proper to make, regulate, maintain and proper and legal government for said city. Corporate name and powers.
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Sec. 2. Be it further enacted, That the corporate limits of said city shall extend in a circle one-half mile in all directions from the Peoples Bank building in said city. Corporate limits. Sec. 3. Be it further enacted, That..... Mayor of the Town of Summit shall be and is hereby made Mayor of the City of Summit; that..... councilmen of the Town of Summit shall be and are hereby made Councilmen of the City of Summit; and that..... recorder of the Town of Summit, shall be and is hereby made Clerk of the City Council and Treasurer of the City of Summit; all of the above named parties shall hold said office until the first Wednesday in January, 1925, and until their successors are elected and qualified; such officers being subject to impeachment and dismissal from office and all other pains and penalties as are hereby in this Act. Mayor and councilmen; clerk and treasurer. Sec. 4. Be it further enacted, That an election shall be held in said city on the first Wednesday in January, 1925, and on the first Wednesday in January each year thereafter for a mayor and five councilmen, who shall hold their offices for one year, or until their successors are elected and qualified. Said election shall be opened at 9:00 o'clock A. M. and closed at 3:00 o'clock P. M. standard time, 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 and regulations prescribed by law for election of members of the General Assembly, or in so far as they are applicable to such election and do not conflict with the specific rules herein prescribed. Election of Mayor and council. Sec. 5. Be it further enacted, That said election manager shall duly declare the results of said election, and those receiving the highest number of votes shall be declared elected to their respective offices; who shall as soon as practicable thereafter qualify 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 such mayor and councilmen during their continuance therein; which oath, with the list of voters and tally-sheet shall be entered of record on the
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minutes of said council and the original filed in the office of the clerk of council. Oath. Sec. 6. Be it further enacted, That the qualifications of the voters of said election shall be such as are qualified to vote for the members of the General Assembly, and in addition hereto a bona fide resident within the corporate limits of said city for six months next preceding the election, and the payment of all fines and taxes legally required of them, by said corporation; and no person shall be eligible to the office of mayor or councilmen who is not a qualified voter in said city. Qualifications of voters. Sec. 7. Be it further enacted, That in the event of a vacancy in the office of mayor or councilmen by death, resignation or otherwise, an election shall be ordered by said council to fill said vacancy to take place at such time as may be specified in said order, after public notice of the same by posting at the door of the council chamber, at the post office, and at some public place in said city for the space of at least ten days before the date of said election. In case of vacancy of the office 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 until the election and qualification of his successor, as above provided. Vacancy. Mayor pro tem. Sec. 8. Be it further enacted, That said mayor and council shall have authority to appoint a clerk, treasurer, policeman, marshal, or such other officers as they may deem necessary and proper; to prescribe their duties; fix their fees and salaries, to take their bond and to remove them from office or impose fines for neglect of duty for sufficient cause, at their discretion. Clerk, treasurer, Marshal, policemen, etc. Sec. 9. Be it further enacted, That the clerk of council, treasurer, or such other persons as may be designated by the city council shall open a list or book for the registration of voters, ample notice of which shall be given by posting at three or more public places in said city for at least twenty days prior to any election; which list or book shall be closed absolutely for registration five days before the election, after
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which time no person shall be allowed to register. Each and every person applying to be registered shall make an oath before the registrar in whose possession is the list or book of registration, who is hereby authorized to administer the same, which oath shall be written or printed in said list or book of registration as follows: I do swear that I am twenty-one years of age (or will be by the time of the election now next to be held in the City of Summit), by next municipal election in the City of Summit I will have resided in the State of Georgia twelve months, in the County of Emanuel six months, I have paid all taxes, State, county and municipal, required of me, except for the present year, and I am not otherwise disqualified to vote in said election. Registration of voters. Oath of voter. Sec. 10. Be it further enacted, That the registrar shall furnish the list or book of registration to the managers of the election, together with the alphabetical list of names of the registered voters at the opening of the polls, and the managers shall be judges of the qualifications of all registered voters. Election Managers. Sec. 11. Be it further enacted, That the mayor and councilmen shall have full power and authority to assess, levy and collect such taxes, not exceeding one 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 the first day of March 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 that 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 proper and necessary; they shall have power to license, regulate or prohibit the sale of spirituous liquors or other intoxicating drinks within the limits of said city; provided, that tax for the
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sale of spirituous liquor or other intoxicating drinks in said city shall not be less than five thousand dollars ($5,000.00.) Taxes. Licenses. License for sale of intoxicating liquors. Sec. 12. Be it further enacted, That the mayor and council shall have full power and authority to open, change or abolish streets in said city, as the public interest may require, and shall keep in good order the streets and sidewalks in said city, and may require and compel all persons residing in said city, who may be subject to road duty, to work on the streets and walks of said city not to exceed fifteen days in each year, but may require therefor a commutation tax from such person, not to exceed four dollars per year, nor less than two dollars per year, as in their judgment the exigencies may require; and the mayor of said city shall have the same power and authority to punish defaulters as road commissioners of this State may have or may hereinafter have; provided no defaulter shall have the right to relieve himself of any fine or penalty imposed for his failure to perform street duty, after being returned as such defaulter, without the consent of the mayor. Power as to streets. Street work: commutation tax. Defaulters. Sec. 13. Be it further enacted, That said city council shall have and are hereby given general and exclusive jurisdiction over the streets, alleys, byways, sidewalks and public squares of said city, and may provide against obstructions and nuisances thereon. They may lay off, vacate, close, open, curb, pave and keep in good order roads, streets, alleys, sidewalks, drains, and gutters for the use of the public, or any citizens thereof, and shall have power to improve and light the same and keep them free from obstructions of all nature, and may prevent the placing there of any grass, stones, sticks, rubbish or anything calculated to cause inconvenience to the inhabitants of said city or to make said streets, sidewalks or public squares unclean and unsightly; they may regulate the running of cars, or street cars, or the driving of horses, or the conveniences for travel in said city, and shall have the power to make such rules and regulations as they may deem proper regulating the keeping of fireworks, gunpowder, dynamite, gasoline, or other explosives or combustibles, or inflammable oils, or chemicals in said city; they shall have power to prevent the
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running at large of hogs, cattle and other animals of all kinds in said city, and may impound the same if found running at large in said city on the streets; they shall have power to erect, maintain and regulate markets in said city, prescribe the time of opening and closing the same, and to designate the territory in which they shall run; to provide for the inspection of all meats offered for sale or animals killed for sale therein; to regulate butcher pens and other places where butchering is done in said city, or to prevent the same from being done in the limits of said city; they shall have power to provide for, in or near said city, place for burials of the dead and to regulate interment therein, and to prevent burials at any other place or places in said city, and to provide pest houses out of the limits of said city, if in their discretion, and shall have power to purchase lands for the same; to erect, authorize or prohibit the erection of gas works, water works and electric light systems, blacksmith shops, ginneries and lumber yards in said city, and to regulate the erection of the same; to grant or refuse franchises; to provide a revenue and pay the expenses of said city, and provide tax assessors for said city and their duties, and to adopt such rules and regulations of its own body as they may deem proper, and generally to have and enjoy all powers and perform all duties enumerated in Section 696 of the political Code of Georgia 1895, which are not in conflict with this Act; the mayor and council shall have power and authority to enact and enforce all ordinances, by-laws, rules necessary to the good government of said city and securing and promoting the health of the inhabitants thereof, and protect the peace and good order of said city. Streets; obstructions; nuisances. Regulation of travel. Explosives. Animals at large. Markets. Burials. Pest houses. Lights, water. Buildings. Franchises. Tax-assessors. General powers. Sec. 14. Be it further enacted, That the mayor shall hold a public 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 streets of said city, not to exceed ninety days, together with the cost of trial, which judgment may be made in the
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alternative, in the discretion of the mayor. It shall be the duty of the mayor to act as the presiding officer of the council when in session, and look after the promotion and good order and enforcement of ordinances, by-laws, rules and regulations of said city; and he shall receive a compensation for his services such compensation as may be agreed upon by the council. They shall keep a record of all ordinances, by-laws and regulations, and a minute of the council proceedings, and such other books and records as may be necessary; all of which shall be open to inspection by the public of said city. Police court. Penalties. Mayor's duties and pay. Records. Sec. 15. Be it further enacted, That the mayor and councilmen are hereby vested with the power to establish fire limits in said city, and to prohibit the erection of any wooden building or structure, or such kinds of buildings or structures, as will, in the opinion of said mayor and council increase the fire risk, or such part of the City of Summit as they may designate as the fire limits, and may change and enlarge said fire limits when deemed necessary; and may exercise and use such supervision and control over the construction of the houses and materials used therein; or stove pipes, chimneys and flues, and other means of heating, as may be necessary and proper to guard against conflagration, and may require building permits to be issued before the erection or repair of any building or structure, which permit shall specify the material to be used and the manner of use in such erection or repair of building or structure. The said mayor and council shall have supervision and control of all warehouses, cotton compressors, cotton gins, lumber yards and other places in said city where materials of any inflammable nature are stored or kept, or may be placed. The said mayor and council shall have power and authority to remove any forge, blacksmith shop, or other structure in the city whenever, in their opinion, it shall be necessary for protection against fire; and shall have power to cause any stove-pipe or any other thing or matter that will endanger the city as to fire to be removed or remanded, as their prudence shall dictate; and they may summarily declare such to be dangerous, without notice to anyone, and remove the same instanter; and whenever it shall appear to them
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that any decayed, unsound or unsafe house, building or structure of any sort is dangerous, or is dangerous to the public health of said city, or of any portion of the inhabitants thereof, or of any locality therein, or is likely to produce disease, they may summarily condemn it, by resolution or ordinance, and cause it to be torn down by the marshal or police; and whenever, in their opinion, property, clothing or whatever else to prevent the introduction or spread of infectious or contagious disease, they may direct the marshal or other officer who shall obey such order or resolution, and shall not be liable to answer therefor in any court, having jurisdiction, except for gross neglect and extreme want of care, coupled with malice, and without probable cause to expect such actions were for the public good, and every presumption shall be in favor of such Act having been lawfully done; provided, That whenever any property shall have been destroyed under the provisions of this section the City of Summit, in its corporate capacity, shall be liable to the owner thereof for the actual cash value thereof, and shall not be liable for any prospective profits, speculative damages, in connection therewith. Fire prevention. Building regulations. Summary destruction of buildings, etc. Liability for destruction of property. Sec. 16. Be it further enacted, That the said mayor and council shall have full power and authority to establish such a system of quarantine, and to make such sanitary regulations within the limits of said city as, in their judgment, may be necessary to prevent the introduction or spread of contageous or infectious disease within said city; and in order to more fully exercise the authority and use this power, said mayor and council are given quarantine jurisdiction within the limits of said city and adjacent hereto. Sanitary regulations. Quarantine. Sec. 17. Be it further enacted, That said mayor and council shall have the right to appoint a board of tax assessors, consisting of not more than three members, who shall have such rights and duties as the mayor and council may prescribe; to provide ways and means for enforcing the collection of taxes, and to provide for the issuance and enforcement of tax executions. Board of tax-assessors.
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Sec. 18. Be it further enacted, That the Mayor and Council of the City of Summit are hereby authorized for the purpose of establishing and maintaining schools, electric lights, water works, and the erection and maintaining of school buildings, to purchase and hold real estate, to issue the bonds of said city, under its corporate name, to an amount not to exceed thirty thousand dollars in the aggregate, that said bonds shall be of denominations not less than one hundred dollars, as the mayor and council may determine; that said city council may order an election to be held in said city for either or all of the above named purposes, or maintaining the same. Notice of said election shall be given in the same manner as is provided for elections for mayor and councilmen. It shall be the duty of said electors of said election to endorse on their ballot, For Bonds or Against Bonds, and if two-thirds of the qualified voters voting in said election shall be found to have voted for bonds, the city council shall, and they are hereby authorized and empowered, to issue bonds of said city. Said bonds shall bear interest not to exceed six per cent. per annum, which interest shall be paid annually. Said bonds shall be signed by the mayor of said city, and shall be countersigned by the mayor and council of said city, and shall be negotiated in such a way and manner as said city council shall determine to be the best interest of said City of Summit. Bond issue, for schools, electric lights, waterworks; limit $30,000. Election as to bonds. Sec. 19. Be it further enacted, That the funds arising from the sale of said bonds shall be placed on deposit in a bank selected by said city council to be used as a board or committee appointed by the mayor and ratified by the council for buying suitable lands or buildings, or buying lands and erecting buildings and properly equipping the same, or for buying or erecting any of the improvements mentioned in the preceding section of this Act, or for maintaining the same, as they shall deem best for said city. Funds from sale of bonds. Sec. 20. Be it further enacted, That said city council shall annually levy and collect a sufficient tax on the taxable property of said city to pay the interest on said bonds as the same shall become due, and also to provide for the redemption of said bonds as the principle shall become due. Tax to pay bonds.
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Sec. 21. Be it further enacted, That the authorities of the City of Summit are hereby authorized to act in conjunction with the authorities of the City of Graymont in purchasing, erecting, or maintaining any public improvements, such as school buildings, school systems, electric lights, gas lights, water works, sewerage, authorized by the charter of both of said cities, and which are to be used jointly for the benefit of both. Authority to join City of Graymont in schools, lights, waterworks, etc. Sec. 22. Be it further enacted, That said city shall have, and is hereby given, all powers, and is authorized to exercise all the privileges embodied in the general law of the State of Georgia, relating to towns, villages, and cities, embraced in title seven of the Political Code of 1895, and not in conflict with this Act. General powers under Code of Georgia. Sec. 23. Be it further enacted by the authority aforesaid, That this Act shall become effective immediately upon the ratification of the Act repealing the charter of Twin City and not otherwise. Effective on repeal of charter of Twin City. 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 August 13, 1924. SURRENCY, NEW CHARTER OF TOWN OF. No. 336. An Act to amend an Act entitled An Act to create a new charter for the Town of Surrency in Appling County, on the Southern Railway; to define the limits thereof; to provide for a mayor and council and other officers of said town, and granting certain other powers and for other purposes, etc., Acts of 1911, approved August 21, 1911; to provide for the method of sale of property; to provide for further powers of the municipality and the officers thereof.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act an Act entitled An Act to create a new charter for the Town of Surrency, in Appling County, approved August 21, 1911, be and the same is hereby amended as follows, to-wit: By striking or repealing all of Section three of said Act and inserting in lieu thereof the following: That the municipal government of the said Town of Surrency shall be vested in a mayor and five councilmen, who shall constitute the town council, and who shall be elected and whose terms of office shall be as follows, to-wit: That on first Saturday in January, 1925, an election shall be held at the council chamber or such other place in said town as the mayor of said town shall direct and designate for the purpose of electing a mayor and council under this charter, at which election a mayor and five councilmen shall be elected, two councilmen being voted for in said election to serve for two years, the other three councilmen to serve for one year, thereafter the term of office of the mayor shall be for one year and the terms of office of all councilmen shall be for two years. On the first Saturday in January in each year thereafter an election shall be held at which election a mayor and either two or three councilmen shall be elected according as the terms of either two or three such councilmen shall be about to expire. All officers of said town shall serve until their successors are elected and installed and the terms of the mayor and councilmen shall begin on the first Tuesday in February each year after the election; provided, however, the present mayor and councilmen of the said town shall continue to serve as mayor and councilmen of said town under this charter until their successors shall have been elected and qualified. Should there fail to be an election held in said town at the time above specified from any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places in said town ten days previous to said election. The polls in all elections under this charter shall not be open before nine o'clock and shall be closed at three o'clock P. M. The qualifications of voters at such elections shall be such as are required for electors for the
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General Assembly, and in addition thereto residents within the corporate limits of said town three months next preceding the election, and the payment of all their taxes required of them by said corporation. Ga. L. 1911, p. 1577; amendments, Sec. 3 stricken. Substitute. Mayor and council; election, terms. Sec. 2. Be it further enacted by the authority aforesaid, That Section 28 of the Act hereby amended as aforesaid be and the same is hereby amended as follows, to-wit: By striking and repealing from said Act all of the Section 28 of said Act. Sec. 18 (as to appeals from Mayor's court) stricken. Sec. 3. Be it further enacted, That the Mayor of said Town of Surrency shall have authority to issue warrants for offenses committed in violation of the town ordinances and laws, and shall have authority to issue warrants for offenses committed in said town in violation of State laws. That said mayor shall be ex officio Justice of the Peace as far as to enable him to issue warrants for offenses committed in the corporate limits of said town. Said warrants may be served by the police or marshal of said town, or by any other officer authorized by law to make an arrest, and acting under said warrants said officers may arrest either within or without the limits of said town. Said mayor may act as a commitment court, and whenever in an investigation of a case before him either as mayor or as a committal court, it appears that the defendant has committed a State offense, it shall be the duty of said mayor to commit said defendant to the common jail of Appling County in default of giving bond returnable to a higher court, which bond shall be assessed by said mayor. Warrants for State offenses. Sec. 4. That the mayor shall not vote on any question except in case of a tie, and that no ordinance or resolution by the city council shall become effective until the same shall have been approved by the mayor, unless the mayor shall fail within three days from its passage to file with the clerk of council his reasons for refusing to approve said resolution or ordinance. Upon the mayor so filing his reasons for not approving the same, a meeting of the council shall be called for such time as may be requested by a majority of the council, before which the clerk shall read the order of the mayor refusing to approve such ordinance or resolution, which may
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then be passed without the approval of the mayor upon a majority of the members of the council voting therefor. In the event no special meeting is called, the clerk shall read the order refusing to approve any ordinance or resolution before the next regular meeting of the council, which may be then passed as above provided. Approval or veto of ordinances. Sec. 5. Be it further enacted, That all writs, processes, and all executions issued in behalf of the town for the collection of taxes, for fines and forfeitures or for other purposes, shall be by said marshals, or either of them, or by other officers as provided in said original Act, levied upon any property, real or personal, within or without the corporate limits of said town that may be subject to said execution, and may be sold before the court-house door of Appling County, or before the council chamber of said Town of Surrency by said levying officer for the purpose of satisfying said execution. When such property is realty, it shall be sold on the regular sales day for sheriff's sales after advertisement in some newspaper published in said County of Appling for four weeks preceding such sale, giving notice of the time, terms and place of sale; when personalty it may be sold after posting advertisements for ten days at three public places within the corporate limits of said city. All sales herein provided for shall be at public outcry to the highest bidder for cash, and deeds made by the marshal of said city making the sale in pursuance of any such sale shall have all the force and effect of a sheriff's deed. The levy and sales herein provided for may be had by any officer acting under appointment of the mayor as well as the regular marshals. In cases of levy upon land the same notice shall be given by the marshal as provided for sheriff in cases of levy upon land. Persons claiming title to any property levied upon may file claims thereto under the same rules and regulations as provided by law for filing claims, such claims when upon personalty, to be returned to and tried in the City Court of Baxley, and when upon land to be returned to and tried in the Superior Court of Appling County. Parties having any such defense as might be set up by illegality in the State Courts, may file affidavits of illegality to any execution
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herein provided for, upon the same terms and conditions and subject to the same penalty of illegalities filed in the State courts. Such illegality shall be returnable to and triable in the mayor's court of said town under the same rules and regulations as relate to the return and trial of illegalities in the State courts. Executions; levy and sale. Sec. 6. Be it further enacted, That the Mayor and Alderman of said Town of Surrency shall have the right and authority to construct, own, use and operate for municipal purposes and for the use and benefit of the inhabitants of said town, and for profit, a system of water works, or water works and sewerage, an ice plant, either separately or in connection with the water works system, a system of electric lights, a system of gas works, and other public utilities, any one, more, or all, as and whenever they consider it expedient; to make rules and regulations regarding the use of the same, and fixing prices and rates; and to provide by ordinance for the punishment of those who illegally use water, electricity, or gas, or service from such public works, or who illegally divert such gas, water or electricity from their proper channels of transmission. When consumers of such water, ice, electricity, or gas, so furnished by the town, shall fail to pay for same promptly, when due, said mayor and aldermen are hereby authorized to cause executions to be issued in favor of said town against delinquent consumers for the amount of such unpaid bills, which shall be enforced and levied as in cases of other executions running in favor of the city, and also to cut off the supply until the bills are paid, either method or both, at their option; and in the event such supply is cut off, they may provide for a reasonable fee for turning same on again. Public utilities. Sec. 7. Be it further enacted, That the marshal or other arresting officer of said town shall have authority to arrest without a warrant where the offense was committed in his presence, or when the defendant is likely to escape, and otherwise it shall be his duty to arrest under a warrant any offender violating the ordinance or laws of said town, or the violation of the State laws when armed with a warrant therefor. It is provided however that whenever a person is arrested under the
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provisions of this Act, or under the ordinance passed by the authority of the same under the original charter it shall be lawful for him or her to enter into a good and sufficient bond to be approved by the arresting officer conditioned for the faithful appearance of such person to answer such charge when the same shall be heard, said bond to be payable to the Town of Surrency, which bond shall be forfeited on the non-appearance of the defendant in the mayor's court of said town as penal bonds are forfeited in the Superior Court of this State, and said mayor is hereby empowered to issue scire facie returnable before him not less than seven days, nor more than thirty days, when any defendant shall fail to appear in the terms of his bond. Upon the return thereof judgment and execution against the defendant and his sureties shall be entered up as in State Courts, and the sales of all property levied shall be conducted, advertised and made as sales of property under other executions issued in behalf of said Town of Surrency, and such judgment and execution shall be a lien on all property of the principal and securities equally in dignity to the judgment and executions of the Courts of this State of the same rate and superior in dignity to all judgments in this State rendered after the date of such judgment of forfeiture. Arrests. Bond for appearance. Sec. 8. Be it further enacted, That the city council shall have the right and authority to levy and collect upon all property within said city, real, or personal, and upon all moneys, notes, accounts, stocks, bonds, and all other species of personal property owned by residents of said city, whether the moneys shall be deposited within or without said city, whether the notes and accounts shall be due by persons living within or without city, and whether the stocks and bonds shall be in corporations, located within or without the corporate limits of said city, and whether said corporation shall be required to be returned for the purposes of State taxation by the president thereof or not, an ad valorem tax for each year not exceeding one and 25-100 dollars on the one hundred dollars of property; provided, said tax rate may be increased for any one year by two-thirds of the residents votes of said city, at
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an election to be held for that purpose voting for said increase, said taxes to be levied and collected for such purpose as said city shall undertake to raise revenue. Taxes. Limit of ad valorem tax. Sec. 9. Be it further enacted, That said Town of Surrency and the mayor and council thereof shall have authority to fix the date when all taxes of all kinds shall be due and payable to said Town of Surrency, including street taxes, which may be collected in partial payments at different times in the year, if they so direct, special license tax, ad valorem taxes, any and all other taxes and revenues that may be levied or collected by said Town of Surrency. However, unless a different date is fixed by ordinance of said council of said town, all ad valorem taxes shall be due and payable on the date that State and county taxes are due. Time of payment of taxes. Sec. 10. Be it further enacted, for the purpose of carrying out the full privileges and powers of this Act and the original Act amended hereby, said Town of Surrency through and by its mayor and council are hereby authorized to purchase, own, personal and real estate, and to sell or exchange for other personal or real estate, to own and control sufficient property, to operate any of the public utilities such as water works, light plants, sewerages, ice plant as is provided for in this charter and by the general laws of said State, and for such purposes shall have the right of eminent domain. Power to buy, sell, etc. Right of eminent domain. Sec. 11. Be it further enacted, That the town council shall have power and authority to elect a health officer, sanitary inspector and such other officers as they may think right and proper; and whose term of office shall be one year, or such time as the town council shall prescribe, and whose duty and compensation shall be prescribed and regulated by rules, regulations and ordinances of said town. Said town council shall also have power and authority, at any regular or called meeting, to elect a board of health, to consist of five members for such terms as the town council may prescribe, and at such salary as they may think right and proper. The members of said board of health shall be each twenty-one years of age and over, a bona fide resident of said town, and shall take and subscribe
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to such oath and obligation as shall be prescribed and required of them by the town council. Said town council shall define, declare and regulate, by ordinances and resolutions, the duties and powers of the board of health, not inconsistent with the laws of the State of Georgia. Health officers. Board of health: salaries. Sec. 12. Be it further enacted, That the town council shall have full power and authority to compel the removal to the typhoid fever and small-pox hospitals, or any other contagious or infectious disease, any person or persons who shall have typhoid fever, small-pox or any of the said infectious or contagious diseases, in or near said town or the County of Appling, and who do not provide their premises with sufficient disinfectants, treatments and guards to completely quarantine, regulate and control said premises, but even when the said premises on which said sick person may be sufficiently guarded, it shall be still in the judgment of the town council discretionary to remove all of said sick persons to the hospital above declared. The town council shall have the power and authority to declare by ordinance or resolution that vaccination shall be compulsory upon all persons residing in said Town of Surrency, and within one mile of the corporate limits of said town, and for this purpose said town authorities are hereby given police jurisdiction over all the territory and over all the residents within said prescribed area, and upon all persons who may be working or sojourning in said town, whether they be permanent residents or not of said town. And said mayor and council shall provide in said ordinances and regulations the time within which all persons, as above referred to, shall be vaccinated, and any person failing or refusing to be vaccinated within the time required in said ordinances, rules and regulations shall, upon conviction, be fined not more than one hundred dollars and costs or imprisonment in the guardhouse, or such other place of confinement as the mayor and town council may direct. Powers as to sanitation, quarantine, vaccination, etc. Penalty. Sec. 13. Be it further enacted, That the rights of certiorari from the judgment of the mayor's court shall be had to the Superior Court of Appling County, Georgia, and shall be
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governed and controlled by the laws of this State governing all certioraries to the higher court. Certiorari. Sec. 14. Be it further enacted, That any officer or employee elected or appointed by the Council of the Town of Surrency may at any time at the will of said council be removed with or without notice and without trial, upon a good and sufficient cause appearing to the satisfaction of the council that such officer or employee should be removed, and upon such removal the pay of such officer and the liability of the town therefor shall immediately cease, and the mayor or any member of the town council who shall be guilty of malpractice in office, wilfull neglect of duty, gross and wilfull abuse of the powers entrusted to them, or for any reason to become incompetent or unfit to fill such office in the judgment of any four members of the council, and in that event they are authorized to ask for his resignation, and upon his failure to resign at once, or within five days, it shall be the duty of the four members of of the council jointly to bring a rule against such offending officer setting up the charge as against him before the judge of the Superior Court of Appling County, Georgia. The judge shall issue a rule to show cause to be served upon such officer as other rule nisis are served at least three days before the hearing, and the judge of said court is hereby granted power and authority to hear testimony and to pass upon said rule, and may in his judgment remove the officer therein charged, and his judgment shall be final. Removal of officers or employees. Trial of charges against Mayor or councilman. Sec. 15. That the mayor and council may in their discretion elect an attorney to give legal advise to said municipality. His duty shall be to draft such ordinances as may be required by the council, and attend such meetings of the council as may be required, to prosecute offenders before the mayor's court when requested by the mayor or directed by the council, and perform such other duties as may be required by the council, or to employ an attorney in any special matter. The compensation of such attorney in either instance may be such as may be fixed by the council. Attorney. Sec. 16. Be it further enacted, That said council shall have the right and power to fix such limits within said town as they
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may see fit and power which shall be known as the fire limits, and may prescribe what class of building shall be erected within such limits and prohibit any other kind or class of building from being erected, and provide for the punishment of any person, firm or corporation, erecting or attempting to erect any building not coming within said classification so fixed, and shall have power to cause the removal of and condemn at the expense of the owner, in the manner provided for abatement of nuisances or condemnation of property for street or other purposes, any building or structure within said limit which may be dangerous to life, health or property or that may become dangerous from fire or likely to cause the origin of fire or spread of same; to provide for the issuance of permits for such kind and class of buildings as may be permitted to be built within said limits; to provide for a fire department for said town; to provide for the drainage of any portion of the lands of said town and utilize such lands and properties as may be necessary therefor, provided that payment be made therefor in the manner and under the regulations as specified in Section thirty (30) of the original charter of said town, which method shall be pursued in any and all condemnation proceedings in said town. Fire prevention. Powers as to buildings, etc. Condemnation. Fire department. Drainage. Sec. 17. Be it further enacted, That said mayor and council shall have authority to pass such laws and regulations as they see fit and proper to the better regulation of said municipality in conformity to the original charter and amendments hereof, and not inconsistent therewith, and enforce same as provided in this charter and by the by-laws of said municipality. General powers. Sec. 18. 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 6, 1924.
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TENNGA CHARTER REPEALED. No. 293. An Act to repeal an Act incorporating the Town of Tennga in Murray County, approved August 14, 1909, and for other purposes. Sec. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage and approval of this Act that an Act approved August 14, 1909, incorporating the Town of Tennga in the County of Murray, be and the same is hereby repealed. Repeal of Charter. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved July 25, 1924. TOCCOA CHARTER; GOVERNMENT BY COMMISSION AND CITY MANAGER. No. 384. An Act to amend the Act chartering the City of Toccoa, Georgia, approved December 20, 1897 (Acts 1897, page 341), and all amendatory Acts thereof, to abolish the office of mayor and councilmen and certain other offices of said city created by Legislative enactment; to provide for a commission manager form of government of said city; to prescribe and define certain powers delegated to said city and to provide for the election of commissioners, their terms of office, powers and duties; to provide for registrars and their duties, and for the permanent registration of voters; to provide for certain offices for said city and the duties of such; to provide for the removal from office of certain officers by recall, and the election of their successors; to provide for a city manager and prescribe his duties; to provide for the improvement of certain streets, lanes and alleys; to provide. for a recorder
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for said city and prescribe his duties; to provide a method for sales of property for taxes, and under executions; to provide for the sale of realty owned by the City of Toccoa; to provide the method of assessment of property for the purpose of taxation, returns of personal property for taxes; to provide for the equalization of such returns, and for arbitration of taxes by persons dissatisfied with the assessments by assessors; to provide for the creation of heads of certain departments; prescribe the duties of certain officers; to provide for the appointment of registrars and define their duties, and for other purposes. Be it, and it is hereby enacted by the General Assembly of the State of Georgia: Section 1. The offices of Mayor and Councilmen of the City of Toccoa and all other offices of said city created by Legislative enactment, except as hereinafter provided for, are hereby abolished, and all laws creating such offices and defining the duties and authorities pertaining thereto are hereby repealed, except as herein provided. Offices abolished. Sec. 2. That in lieu of the Mayor and Council of the said City of Toccoa there is hereby created and established a city commission, and said City of Toccoa shall be governed by said commission and a manager as hereinafter provided. Government ment by city Commission and Manager. Sec. 3. The commission shall consist of three citizens, elected from the City of Toccoa at large, who shall have been citizens of said city for at least two years next preceding their election and appointment. Each commissioner must be at least twenty-five years of age at the time of his qualification. Said commission shall have all the powers and authority now belonging to the mayor and council of said city, except as hereinafter provided, and the said commission shall have in addition such powers and authority as are in this Act given it. Commissioners; election, terms, etc. Sec. 4. The first members of said commission shall be elected as follows: The clerk of said city shall on the first Monday of October, 1924, open a book for the registration of voters,
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such book shall be kept open for a period of thirty days during the hours now provided by law. No person shall be allowed to register unless he be qualified to do so under the present laws pertaining to registration in said city. Notice shall be published by said clerk in the official newspaper, notifying the voters of said city that the book is open for the registration of voters to vote at the election of such commissioners, and that election shall be held on the first Thursday in December, 1924. This notice shall be published for two weeks before the book is opened. The book shall be closed at the end of thirty days and a list of the registered voters shall be made up, in the same manner as is now provided for city elections. Such election shall be held by managers and clerks, selected by the mayor and council, and they shall hold said election under the same laws and regulations as now govern city elections. The ballots to be used in said election shall contain the names of the candidates for commissioners. Said election shall be held on the first Thursday in December, 1924. The managers shall report the results of said election to the mayor and council, as the results of said election are usually reported, and the mayor and council shall within ten days after such election meet and declare the three persons, who shall receive the highest number of votes cast at such election, as commissioners. The person who shall receive the largest number of votes shall hold office as commissioner for a term of three years, the person receiving the next largest number shall hold office for a term of two years, and the person receiving the third largest number of votes shall hold office for a term of one year. Their term of office shall begin on January first, 1925. If it shall happen that no candidate of the three successful ones shall receive a larger vote than either of the other two, then the three successful ones shall determine by lot which of them shall hold office for three years, and which for two years, and which for one year. In the event there shall be a tie between any two of the successful candidates, then the term of office to be held by each of them shall be determined by lot. No election shall be held in said city for mayor and council in the year 1925, provided this Act shall become effective on the first day of January, 1925, as herein provided. First election: registration of voters. Close of registration before election. Terms of Commissioners.
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Sec. 5. After the election in 1924, one commissioner shall be elected each year, as follows: An election shall be held on the first Tursday in December, 1925, and on the first Thursday in December of each succeeding year thereafter, to elect the successor to the commissioner whose term shall expire on the following January first. The term of each commissioner so elected shall be three years. At the same time an election shall be held for members of the School Board, whose term shall expire in January following, and such other officers as may be elected by the voters at large. All candidates for elective offices in the City of Toccoa, including candidates for commissioner, at any regular or special election shall, ten days prior to any such election, signify their intention of becoming a candidate for such office by personally registering their name in the clerk's office in a book to be kept for such purpose, stating the office for which they will be a candidate, and paying the clerk a registration fee. Any candidate failing to comply with this provision, shall be disqualified from holding office. Terms of Commissioners. School Board. election of. Registration of candidates for office. Sec. 6. Before entering upon the discharge of their duties, each of said commissioners, and all future commissioners shall take and subscribe before some judge or justice of the peace the following oath, which shall be entered on the minutes of the commission: I do solemnly swear that I will faithfully demean myself as a Commissioner of the City of Toccoa during my continuance in office; that I will discharge the duties of the office to the best of my ability, that in the enactment of legislation I will have due regard for the charter of the City of Toccoa, the Constitution and Laws of the State of Georgia, and of the United States of America; and I do further swear that I have not, either in the general election or party primary, in which I was a candidate, directly or indirectly expressed or implied any promise of support to any person for any office in the Government of the City of Toccoa, nor have I influenced my election by the unlawful use of money, or other things of value, or by the use of intoxicating liquors, nor have I solicited votes for myself or others. I do further swear that I will not knowingly permit my vote in the election or appointment of
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any person to a position in the city government or on the passage or adoption of any ordinance before the commission, to be influenced by fear, favor, affections, reward or the hope thereof, but that in all things pertaining to my said office I will be governed by my conviction as to the public good. So help me God. Oath of Commissioners. Sec. 7. No candidate for commissioner shall before his election, or in party primary election, directly or indirectly promise any person to appoint or vote for such person, or any other person, to any office or employment in said city government, nor shall any candidate for commissioners solicit votes for himself or for any other person. No person who has been elected as a commissioner and who is acting as such shall solicit votes, or electioneer, for any person who is a candidate for the office of commissioner. For a violation of any of these provisions, the candidate making such promise, and the person to whom the same is made, or the commissioner violating, shall forfeit his or their office, and either or both, shall, upon conviction be punished as prescribed in Section 1065 of the Penal Code of Georgia. Either of the parties to such promise shall be compelled to testify against the other, and the one of said parties first testifying against the other shall himself be immune from prosecution on account of the transaction about which he testifies. Promise by candidate or electioneering by commissioner, when unlawful; penalty. Testimony of party to promise. Sec. 8. The secretary of the commission shall at ten o'clock A. M. on the first Monday in October in each year open a book for the registration of voters in said city, and shall keep such book open from day to day (Sundays excepted) from ten A. M. to one P. M. and from two P. M. to six P. M. on the first Tuesday in November following. In such book shall be written the name of the registered voter, occupation and place of residence in said city, and no one will be entitled to register who is under twenty-one years of age except as herein provided. No person not qualified under the present laws of said city shall be permitted to register or to vote in any such election, except persons whose names shall be on the permanent registration list of said city. Any person who is, at the time he offers to register, possessed of all the qualifications of a
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voter except time of residence in said city and majority, and who by election day will possess these requisites may be registered. Permanent registration of voters. See Sec. 31, p. 745. Sec. 9. At the firxt meeting of the mayor and council held after ratification of this Act, the mayor and council shall elect by a ballot three registrars for said city who shall serve until their successors are elected and qualified as hereinafter provided. At the first regular meeting of the commissioner held in January, 1925, and biennially thereafter, the commissioners shall elect by ballot three registrars for said city. In the event of the death or resignation of any registrar his unexpired term shall be filled by the commission. Said registrars before entering upon their duties shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as such registrar. Said oath shall be filed with the city clerk and entered upon the book of minutes. Fifteen days prior to the date of any election for any purpose, held in and for the said City of Toccoa, the city clerk shall turn over to said registrars the book of registered voters, and said registrars shall appoint a time when they, in open session, will hear all complaints. When a complaint is made that any voter has registered who is not entitled by law to do so, he shall have three days personal notice, if in the city, or if not in the city, then three days notice by having a copy at his residence, of the time and place of hearing and of the grounds of challenge, and the registrars shall sit as a court to review said case, and may subpoena witnesses, hear evidence, and determine whether in law such names should remain or be stricken. They shall also hear all complaints of any one who has been refused registration, hear evidence and determine whether such applicants should be allowed to register. Said registrars shall review the list turned over to them, but any voter to be affected must be notified and have an opportunity to be heard as herein-before provided. All actions of the registrars in revising the list of voters must be in public. In making said registration list, and in revising said work, the registrars shall examine
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the grounds of disqualification of voters, including criminal records, insolvent tax lists, tax digest, tax execution dockets and tax executions. They shall leave no one on said list who is not entitled to register, and shall strike no one off of said list who is entitled to register and vote. That after such registrars have fully completed their work in revising the registration list, they shall carefully and plainly make, or cause to be made, two alphabetical lists exactly the same, giving name, occupation, color and residence of such voter, and shall certify to the correctness of each list, and date and sign the same officially. They shall file one copy with the secretary of the commission for the inspection of all parties concerned. The other copy they shall securely seal, plainly mark and sign on the outside officially and deliver same to the secretary of the commission to be by him kept unopened until the day of election and then hand same to the managers of said election. Said registrars shall also at the same time turn back to the secretary of the commission the book of original entries of the persons registering and their oaths and these shall remain in his office at all times during office hours subject to the inspection of any parties at interest. Registrars, election of. Oath of registrars. Hearing of objections to names registered, or to refusal of registration. Notice to voter. Purgins registration list. Revised lists. Sec. 10. Any person who shall register illegally under this Act or be guilty of a violation of any of the provisions of Section 660 of the Penal Code of Georgia in registering under this Act, shall be guilty of a misdemeanor. Illegal registration; penalty. Sec. 11. Should the secretary of the commission, or registrars willfully refuse to permit any person to register who is entitled to register under this Act, or fail to enter the name of any such person upon the book to be kept for that purpose, or should illegaly erase the name of any such person from such book, or the list to be prepared for holding such election, or shall wilfully enter the names of any person or persons on such lists who are not entitled to register, then such secretary of the commission or registrar so violating shall be guilty of a misdemeanor and on conviction thereof shall be punished as such. Violation of registration law by registrar or by secretary of commission. Sec. 12. The commissioners of said city shall have power and authority to fix the compensation of registrars. Pay of registrars.
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Sec. 13. At least five days prior to any election the commission shall name as election managers three qualified voters of said City of Toccoa; but no person who is a candidate for any office in the City of Toccoa, or who is, at the time of said election an office holder of said city, or who is related to or is an employee of a candidate, shall act as manager or clerk thereof. The election managers, when organized, ready for receiving votes, at any election held in said city, shall receive from the city clerk the official registration list that has been certified by the registrars as the correct list of voters qualified to vote in said election, sealed as aforesaid, and shall break the seal and use said list in said election, and shall not permit any person to vote whose name is not on said list. Said managers shall plainly mark or check each name as voted. After said election, all ballots cast in said election shall be deposited in the ballot box carefully sealed and turned over to the secretary of the commission for safe keeping, who shall deposit same in the vault of the city without opening it until the first regular meeting of the commission held thirty days after said election, when in the event of no contest having been filed as to results of said election, the ballots shall be destroyed by them. The voting lists and tally sheets shall be returned to the city clerk and shall be preserved in the city records. The polls for the holding of all elections in and for the said City of Toccoa shall be open at 6:30 o'clock A. M. and remain open until 4:00 o'clock P. M. by the time in common use in the City of Toccoa. The managers of the election shall certify the results thereof to the commission by their certificates which they shall deliver to the city clerk, who shall record said certificate on the minutes or other book kept for that purpose, and said record shall be evidence of the result of said election. Election managers; eligibility, duties. Hours of election. Sec. 14. The commission shall at its first meeting and immediately after qualifying, elect one of the commissioners as Mayor of the City of Toccoa. The commissioner so elected shall continue to hold the title of mayor for one year thereafter, and successors shall be elected by the commission for each year. The mayor shall have no more authority than either
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of the other commissioners, except that he shall act as chairman at all meetings of the commission, shall approve the minutes of such meeting, shall act as mayor of said city on all ceremonial occasions, and shall have such other authority and duties as hereinafter provided. He shall be ex-officio a member of all boards of which the mayor of said city is now ex-officio a member, and when acting as recorder shall be ex-officio a Justice of the Peace. Election of commissioner as Mayor. Powers and duties of Mayor. Sec. 15. The city commission thus elected and organized shall be strictly a legislative body. The said commission shall pass all the ordinances for the government of the city, fix the tax rate, license fees and do and perform all necessary work of a legislative character for the successful government of the city. Commission to be strictly a legislative body. Sec. 16. The commissioners shall at their first meeting and as soon as they shall qualify elect a secretary of the commission, who shall hold office at the pleasure of the commission. Said secretary of the commission shall receive such salary as the commission shall fix, shall have charge and custody of the city records, shall attend all meetings of the commission, shall keep accurate minutes of all their proceedings and said secretary shall keep in office provided therefor, all oaths taken by, and all bonds of officers and employees, shall keep a record of all elections and appointments to office and shall perform such other duties as may be provided by this Act, or as may be imposed by the commissioners not inconsistent herewith. Secretary of commission: election, salary duties. Sec. 17. Any or all members of the city commission may be removed from office by the qualified voters by the following procedure: a petition for the recall of the commissioner, or commissioners, designated, signed by at least five per cent. of the qualified voters of the city, as shown by the official registration list 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 secretary of the commission, who shall forthwith notify the commissioner or commissioners sought to be removed, and he or they within five days after such notice may file with the clerk a defensive
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statement of not more than 200 words. The clerk shall at once upon the expiration of said five days cause three printed or typewritten copies of such petition, without the signatures, to be made, and to each of them shall attach a printed or typewritten copy of such defensive statement, if one be furnished him in the time provided. He shall cause the copies of such petition to be placed on file in his office and provide facilities for signing same by voters who may desire to sign. The secretary shall then immediately cause notice to be published in the newspaper in said city in which the legal advertisements of the city are placed of the placing of such copies of such petition in his office. Such copies of such petition shall remain on file in the office of the secretary for a period of thirty days during which time any of them may be signed by a qualified voter. Each signer of such petition shall sign his name thereto in ink or indelible pencil, and shall sign his name in person, and not by agent or attorney, and in the presence of the secretary, and shall place thereafter his residence by street and number. Recall of commissioner, petition for. Defensive statement by commissioner. Publication of notice of filing of petition for recall, etc. (b) At the expiration of said period of thirty days, the city clerk shall assemble the three copies in his office as one instrument, and shall certify thereon that the signatures appearing on said petitions were signed in person by the voters whose name appears thereon at his office and in his presence. He shall examine the same and ascertain and certify whether the signatures thereon amount to at least (35) thirty-five per cent. of the registered voters as shown by the official registration list for the general election last held. If such signatures amount to such per cent. he shall at once serve notice of the fact upon the commissioner or commissioners designated in the petition and also deliver to the commission a copy of the original petition with his certificate as to the percentage of qualified voters who signed same, and a certificate as to the date of his last mentioned notice to the commissioner or commissioners designated in the petition. Certificate of clerk as to petition for recall. (c) If the commission or commissioners designated in said petition or any of them, file with the city clerk within five days after the last mentioned notice from the city clerk, a written
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resignation from office, the clerk shall at once notify the commission of that fact and such resignation shall be irrevocable. In the absence of any such resignation, the commission shall forthwith order and fix a day for holding a recall election for the removal of those not resigning. In the event that the recall petition require at the same time a recall election for more than two of the commissioners, then such recall election shall be ordered by the secretary of the commission and he shall fix a day for holding such election and shall have and exercise all authority and power relative to holding and conducting such election as would otherwise be possessed by the commission. Any such election shall be held not less than thirty nor more than sixty days after the expiration of the period of five days last mentioned, and shall be a special election called for the purpose, unless there be some general or special election during said period, when said recall may be voted upon. Resignation of commissioner. Recall election. (d) The ballots at such election shall conform to the following requirements: With respect to each person whose removal is sought the question shall be submitted: Shall..... (name of person) be removed from the office of city commissioner by recall? Form of ballots. Immediately following such question there shall be printed on the ballots the two propositions in the order here set forth: For the recall..... (name of person). Against the recall..... (name of person). (e) In any such election, if a majority of the votes cast on the question of removal of any commissioner is affirmative, the person whose removal is sought shall thereupon be deemed removed from office upon the announcement of the official return of that election, a special election shall thereupon be called by the commission, if not more than two commissioners are removed, and by the secretary of the commission if more than two commissioners are removed, to fill the existing vacancies in the commission. Said election shall be held under the same rules and regulations for the holding of special elections
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until such time as the commission shall by proper ordinance provide a method for holding such elections. The candidate or candidates receiving highest number of votes shall be declared elected to fill the existing vacancies. The successful candidates shall fill out the unexpired terms of the commissioners whom they succeed. Removal of commissioner, as result of election. Election to fill vacancy. (g) No proceedings for the recall of all of the city commissioners at the same election shall be defeated in whole or in part by the resignation of any or all of them, but upon the resignation of any or all of them, after a recall petition shall have been filed against the person or persons resigning, an election shall be held to elect the successors to the person who resigned. The recall election shall proceed as to the other commissioners against whom it is directed if all do not resign, and in the event that they are recalled an election shall be held as hereinbefore provided to select their successors. In all cases where a commissioner is recalled by the methods herein provided, or shall resign after a recall petition has been filed against him, his successor shall be elected by the voters of the city, and not by the commission. Vacancy caused by resignation of commissioner, how filled. (h) No petition to recall any commissioner shall be filed within three months after he takes office. No person removed by recall, or who resigns after a recall petition is filed against him shall be eligible to be elected or appointed upon the commission until after the expiration of the term for which he was originally elected, and from which he was removed by recall on resignation after recall petition. No recall petition to be filed in three months after taking office. The method of removal herein provided is cumulative of such other methods as will, are, or may be provided by law. Method of removal, cumulative. (i) No person shall falsely impersonate another or purposely write his name or residence falsely in the signing of any petition for recall, or forge any name thereto, or sign any such paper with the knowledge that he is not qualified voter of the city, qualified at the time of signing to vote, nothing to the contrary thereafter intervening, at the next ensuing general election for commissioner. No person shall sign, or knowingly permit to be signed, any petition for recall at any place other
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than the place hereinbefore designated for the signing of such petitions; nor shall any person employ or pay another, or accept employment or payment, for circulating any recall petition upon the basis of the number of signatures procured thereto. Any person violating any of the provisions of this paragraph of this Act shall be guilty of a misdemeanor, and shall upon conviction therefore be punished as provided in Section 1065 of the Criminal Code of the State of Georgia. Unlawful signing of petition for recall. Unlawful employment to circulate petition for recall. Sec. 18. Be it further enacted by the authority aforesaid, That the commission shall select and appoint a manager for said city within thirty days after their election and qualification and fix his salary, which salary shall not be more than $3,600.00 per annum, to be paid in monthly installments, which salary shall be fixed at the time of his election, but which may be changed at any time by the commission. Such manager shall be a male person and an American citizen not less than twenty-five years of age. Said managers shall be subject to removal from office at any time by a vote of the majority of the commission. Said manager shall be required to execute a bond with some solvent surety company approved by the commission, as security for the faithful performance of his duties, in an amount as required by the commission, not less than $10,000.00. City manager. Salary. Qualifications Removal. Bond. Sec. 19. The manager must devote all his working time and attention to the affairs of the city. He shall not be interested directly or indirectly, in any business enterprise in said city, or in any person or persons contracting with or making sales to said municipal corporation. He shall have the appointment, subject to confirmation by the commission, of all heads of departments of said city except the secretary and the recorder. His appointment of employees below the grade of heads of departments shall not be subject to confirmation by the commission. He shall have the right to remove heads of departments and other employees (except the Secretary of the Commission and the Recorder) without the consent of the commission and without assigning any reason therefor, except that in case he removes the head of any department he shall state to the commission in writing the cause of such removal. The
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manager shall be responsible for the efficiency of each department of the city government (except in the cases of the secretary and the recorder), and shall from day to day personally inspect the working of each department. He shall have an office at the city hall and shall keep his office open one hour each day (except Sundays and holidays) at an hour of the day to be fixed by him, during which all residents of the city shall be free to appear and make complaints against the operation of any department of the city government. He shall have charge of the purchase of all supplies and materials for the municipal corporation, but purchases exceeding $100.00 shall be approved by the commission. The manager must at the first of each year submit to the commission for its consideration a budget of proposed expenditures for that year, showing in as much detail as practicable the amounts alloted to each department of the city government, and the reason for such estimated expenditures. No part of any amount allotted to any department shall be expended by the manager on account of any other department, except upon consent of the commission. The manager must make a full written report to the commission on the first of each month showing the operations and the expenditures of each department of the city government for the preceding month, and synopsis of such reports shall be published by the secretary in the official newspaper, when authorized by resolution of the commission. All payments of city funds shall be made by vouchers drawn in duplicates signed by the manager, and countersigned by the mayor. All such vouchers in duplicate shall be handed by the manager to the secretary of the commission, who shall keep a record thereof, shall also keep one of said vouchers in his records, and one shall be payable to the person or persons in whose favor the voucher is drawn. Duties and powers of City Manager. Interest in business, etc. when prohibited. Appointment and removal of employees. Office hours. Purchases exceeding $100 to be approved by commission. Budget. Reports. Vouchers. The manager shall have the right to attend all meetings of the commission and to discuss with the commissioners all matters coming before the commission, but shall have no vote thereon. Sec. 20. The commission shall meet at least twice each month in the city hall, unless providentialy prevented, at such
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hours as shall be fixed by it. This hour must be published and shall not be changed except after published notice stating the hour to which changed. The commission may meet oftener as may be adjudged necessary for the public good. All such meetings shall be public, and open to all the residents of the city. Meetings of commission. Sec. 21. The books and records of said city shall be audited at least once every twelve months by expert auditors or accountants employed for this purpose by the commission, and such auditors or accountants shall make written reports of the results of such audits. The fees and expenses of such auditors and accountants shall be paid out of the city funds. Auditing. Sec. 22. The commission shall have all the authority now possessed by the mayor and councilmen in adopting ordinances, and the present laws regulating the adoption of ordinances shall continue in force, except that a proposed ordinance, after being read at any meeting of the commission, shall be published in full in the official newspaper and shall not come up for passage until ten days after such publication. If during said period of ten days a petition shall be filed with the secretary of the commission, signed by at least one-third of the voters whose names appear on the last registration of voters' list of said city, requesting that said proposed ordinance be referred to a vote of the people, the commission before finally adopting said ordinance shall order a referendum election thereon, the procedure for which shall be as follows: The secretary of the commission shall publish a notice for ten days in which notice shall be given the text or a full synopsis of the proposed ordinance, stating that a petition for a referendum election on the proposed ordinance has been filed with him announcing that a special referendum election will be held on a certain day (naming the day), and that a special registration book for said election will be opened on a certain day, which day shall be ten days after the first publication of the notice. Such registration book shall be open and kept open as provided for in other city elections, and all the other registration and election laws of said city shall control such registration and election. The election shall be held on the first Tuesday following
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the ten days after the closing of the special registration book. The registrars shall make up the registration list for said election as in case of other city elections. The ballots used shall be printed at the expense of the city, and shall state the title of the ordinance and its substance, and such statement shall state the two propositions, For the ordinance and Against the ordinance. The voters shall strike from the ballot the proposition to which he is opposed, leaving unstricken the proposition he favors. If a majority of such voters shall favor the proposed ordinance, the commission shall thereupon in due course adopt the same, but if a majority shall vote against the proposed ordinance, it shall not be adopted by the commission until it shall have in a future election been voted in favor of. Ordinances. Publication of proposed ordinance. Petition for referendum as to ordinance. Notice of referendum. Registration of voters. Election. Form of ballots as to ordinance. Sec. 23. If as many as one-third of the voters who were on the list of qualified voters at the last city election shall present a written petition to the commission, setting out in such petition that they desire the adoption of a certain ordinance (the form of which shall be given in the petition), although the commission may not be willing to adopt such proposed ordinance, either in form or substance, nevertheless an election shall be called by the secretary of the commission for the purpose of submitting such proposed ordinance to a vote of the people; which vote shall be taken as follows: The secretary shall publish the text of the ordinance as set forth in the petition in the official newspaper for ten days, such publication to be made only twice in said ten days, and also stating that the adoption or rejection of the proposed ordinance will be submitted to a vote of the people at an election to be held on a named day, and that a special registration for said election will be held and a book opened for registration of voters, which day shall be two days after the last publication of the notice. On such day such book shall be opened and kept open for thirty days as in case of other city elections. After the closing of such books the registrars shall within ten days thereafter make up the voters' list for said election and deliver the same two days before the election to one of the managers for said election, to be selected by the commission. The laws of said city
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with reference to the registration of voters, qualification of voters, making up of voters' list, appointment of managers and clerks, and holding of elections, shall apply. Persons whose names shall appear on the permanent registration list, and which shall not be removed therefrom by the registrars as herein provided for, shall also be allowed to vote in said election. Printed ballots shall be prepared and furnished at the expense of the municipal corporation, which ballot shall appear on the text of the title and body of the proposed ordinance, and below it the two propositions For the above ordinance and Against the above ordinance. The voter shall strike from the ballot the proposition to which he is opposed, leaving unstricken the proposition he favors. The result of such election shall be certified to the commission as the results of other city elections are announced, and if it shall appear that a majority of the lawful voters at such election shall vote in favor of the proposed ordinance, this shall have all the force and effect as if adopted by the commission, and the commission shall declare such ordinance the law of the city. An ordinance once adopted by an initiative election as in this section provided for, cannot be repealed or amended except by a like procedure and election. The provisions of Section 22 and 23 of this Act shall not apply to ordinance proposed under the provisions of Section 24 and Section 33 to 45, inclusive, of this Act. Initiative of voters; petition proposing ordinance; election thereon. Publication of proposed ordinance. Registration of voters. Form of ballot as to ordinance. Repeal of ordinance adopted initiative election. Sec. 24. No ordinance, whether adopted by the commission or by an initiative election shall be lawful if such ordinance relates to more than one subject matter, or which contains matter not referred to in the title. The commission shall, however, have the right and authority from time to time to have the then existing ordinances of said city codified and to adopt by ordinance the Code as a whole, and a copy of such Code duly certified as being a true copy by the clerk of the commission, shall be received in evidence in all courts of this State as if the Code itself had been properly introduced in evidence. Ordinance not to relate to more than one subjectmatter, or contain matter not referred to in title. Codification; Code as evidence. Sec. 25. Ordinances now of force in said city shall not be affected by this Act, except when any such ordinance shall be in conflict with any of the provisions hereof. Ordinances existing when Act adopted.
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Sec. 26. The police court of said city shall be presided over by a judge, who shall be designated as recorder, and who shall have all the power and authority in said court and in the conduct thereof, and in trying and punishing offenders against the laws or ordinances of said city as now given the mayor or other presiding officer in said police court. The present method of procedure in said court shall continue. The recorder shall be of good moral character, and shall have been a citizen of said city for at least two years and shall be not less than twenty-five years of age at the time of his election. He shall be elected by the commission for a term of two years, but shall be subject to removal at any time by a vote of the majority of the commission. Before removal, however, written charges must be preferred against him, setting out in detail the nature of the charges against him, which charges must be signed by one or more of the commissioners. The recorder must be furnished with a copy of such charges, and of the time when the same will be heard, which must not be less than five days after a copy of such charges shall have been furnished him. Such hearing shall be public and the recorder shall have the right to be present thereat and to call the witness in his own defense; but the action of the commission in removing or refusing to remove the recorder after such hearing or after he is given the opportunity to be heard shall be final, and there shall be no appeal from the action of the commission. Police court; recorder. Term of office. Removal of recorder. In case of the disqualification, illness, absence from the city, or vacancy in office, of the recorder, the mayor or any one of the commissioners may act as recorder, and shall have all the power and authority of the recorder while acting as such. The secretary of the commission shall be ex-officio clerk of police court, and shall perform all the duties and have all the authority therein now possessed by the clerk of said city. At least two sessions of the police court shall be held each week, and as much oftener as the recorder or acting recorder may see fit. The present law governing the taking of appeals and certioraries from the police court shall continue in force. The recorder shall receive such salary as the commission shall fix. When Mayor may act as recorder. Secretary of commission, ex-Officio clerk of court. Sessions of court. Salary of recorder.
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Sec. 27. If any property which has been returned for taxation to said city shall be sold for taxes owing said city and shall not be redeemed from such tax sales within the time allowed by law for such redemption, or if any property shall be sold under any other execution issued by said municipal corporation before any such sale shall become effective to pass the title to such property, the commission shall, acting by its secretary, give written notice to the person against whom the execution is issued, describing the property, advising him that the property has been sold and that the time of redemption has passed, and further advising that the tax-payer or other defendant in execution may appear before the commission on a day named (which must not be less than fifteen nor more than thirty days from the date of such notice), and submit evidence showing that an excessive levy was made when said property was levied on, or that the requirements of the law were not complied with otherwise, and in default of such appearance, the commission will proceed to determine these questions for itself. This notice must be mailed to the defendant at his last known post-office address. If such person shall appear and shall submit evidence, showing to the satisfaction of the commission, that the levy was excessive, or that there was some error or default in the procedure, or if the commission shall, after consideration and without any appearance by the person notified, decide that such levy was excessive or that error was committed in the procedure, then the commission shall direct the levying officer to dismiss the levy already made, and to make a new levy only on so much of said property as shall be reasonably sufficient to pay the amount of the execution and all cost, or to correct the errors committed in making such levy or sale, or both, which order shall be obeyed by the levying officers and all other officers and employees of said city. If, however, the commission shall decide against the objection raised, or shall, if no objections are raised, decide that the levy is not excessive and that no mistakes or errors occurred in the procedure, then such decision in any case shall be final and there shall be no appeal therefrom, and the purchaser at such sale shall require a good title. If the property levied on is of such a character that it cannot be
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fairly and practically subdivided and a part only levied on, then the objection to question of any excessive levy shall not be considered. Nor shall any such object or question be considered when the property is properly sold as unreturned property. Notice and hearing as to property sold for taxes and not redeemed. Sec. 28. All pertinent recitals of fact made in deeds or bills of sale conveying property sold at tax sales, or sold under lawful process, by said municipal corporation, acting by its duly authorized officers shall be held and taken as prima facie true, but may be rebutted. Recitals in tax deeds. Sec. 29. No real estate, title to which is or shall hereafter be in said municipal corporation, shall be sold by the commission, except at public sale after ten days of advertisement, or unless bids have been invited for said property by ten days advertisement, and even then such property shall not be sold or any bid accepted unless the amount offered for such property shall at least equal one-half of the last city assessed value of said property; provided, however, that if the commission shall, with the written concurrence of the city manager, unanimously agree to accept a less amount than one-half of such assessed value, the same may be done. Sales by the commission. Sec. 30. All persons owning property within the city limits of the City of Toccoa shall be subject to pay an ad valorem tax to said city thereon, and the lien for said tax shall attach as of January first of each year. The taxable real estate within the limits of said city shall have a value for taxation placed thereon by three freeholders who are citizens and residents of said city and who are qualified voters. The value fixed shall be the fair market value on January first of each year. The three tax assessors above provided for shall be appointed by the city manager, which appointments shall have the approval of the commission. All personal property of whatever kind or character subject to taxation in said city shall be returned and valued for taxation under existing methods employed in said city, but all such returns shall be made on or before the second Saturday in May of each year, and upon failure to make such returns the owner of such
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property shall be liable for double taxes upon such unreturned property. The tax assessors shall have full and complete power and authority to adjust, equalize and place a fair value on all personal property returned for taxation. All ad valorem taxes shall become due and payable on the first day of October of each year. The tax-payers may anticipate the payment of the amount of their tax and shall be allowed a discount of one-half of one per cent. per month for every month in advance of the first day of October of each year, that said taxes may be paid. The commission may in its discretion provide for a discount of not more than ten per cent. for payment of taxes on or before the fifteenth day of November of each year; said discount to be allowed in addition to the monthly discount for anticipation of payment of taxes. On and after the twentieth day of November of each year the books for the collection of taxes shall be peremptorily closed; and on the next day following tax executions for all unpaid taxes shall issue. When tax executions shall have been issued as provided for in the preceding section, it shall be the duty of the city manager to see that said executions are promptly collected, the provisions herein respecting the collection of said taxes being mandatory, and a failure to properly perform the duties devolving on any city officer with reference to the collection of said taxes shall be grounds for immediate dismissal of the officer or officers, who shall fail to perform their duties in this regard. Taxes. Assessment. Appointment of assessors. Tax returns. Discount on advance payment of taxes. Executions. Failure to enforce collection. Said unpaid tax for which executions are issued shall bear interest at the rate of seven per centum per annum; and in addition thereto, the costs for issuing, levying and settling such executions shall be the same as allowed the tax collector; constables and sheriffs of this State for like services; such costs, however, to be paid into the treasury of the City of Toccoa. Costs. Sec. 31. Beginning with the registration of voters directed by this Act to be taken for the election at which the first commissioners are elected, the names of all such voters who shall be finally placed on a permanent registration list for said city by the secretary of the commission, and the names of other voters whose names shall appear on registration or voters'
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list for other city elections, shall from time to time be placed on said permanent registration list by said secretary after each such election. When any person's name shall have been placed on said permanent registration list, it shall not be necessary for him to register again in order to be entitled to vote at any city election, as long as he shall be otherwise entitled to vote. However, it shall be the duty of the registrars, when they make up the registration list for any city election, to go over the permanent registration list, and if they shall decide that any persons whose name appears thereon shall have become disqualified since his name was placed thereon, they shall give him written notice to show cause before them why his name shall not be stricken from said list, stating, in said notice the day when he may be heard, and if by said day such disqualification shall not be removed, or if on such hearing it shall appear that he is disqualified, then his name shall be stricken from said permanent registration list. Permanent registration list. Permanent registration list. Purging list. Sec. 32. In the case of death, resignation, removal from office, or vacation from office by removal from said city (and removal shall operate to create a vacancy just as if there should be a formal resignation) of any commissioner, the secretary of the commission shall proceed to call an election to fill such vacancy, and such election shall be called and held as in the case of an election held to elect to fill a vacancy caused by a recall election as in this Act provided for. Vacancies in office. Sec. 33. Any person, natural or artificial, now or hereafter owning a railroad of any character which has or may hereafter have tracks running on streets, avenues, lanes or alleys, or other public places of said city, may, in the discretion of the commission, be required to pave, macadamize and drain the width of its tracks and two feet or more, as the commission in each case may determine, on each side of every line of such track now or hereafter laid thereon, under such rules, plans and specifications as the commission shall specify. If such owner shall fail or refuse to comply with the order of the commission to make such improvements after receiving thirty days notice to do said work, a reasonable time being given in which said work shall be completed after being begun, then
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such work may be done by the commission at the cost and expense of such owner, and the municipal corporation shall be entitled to a lien for the full amount of such cost and expense against the property of such owner, which may be enforced against such property as hereinafter provided for the enforcement of other lines for paving. Paving where railroad runs on street, etc. Sec. 34. Whenever the commission shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane or any part of them, the commission, by ordinance declare such work or improvement necessary. Unless between the time of the first publication of the ordinance and the time when it can be finally adopted, more than forty per cent. of the owners in area of the land liable to assessment to pay for such improvement shall file with the secretary of the commission their protest in writing against such improvement, then the commission shall have the power to pass and adopt the proposed ordinance, and to levy assessments as herein provided for any number of streets, avenues, lanes, or alleys, or parts thereof to be so improved, may be included in one ordinance, but any protest or objection shall be made as to each street or highway separately; provided, however, that if the owners of more than sixty per cent. in area of the land liable for any such improvement shall petition the commission for such improvement of any street or highway or part thereof, describing in such petition the character of the improvement desired, the width of same and the materials preferred by the petitioners for such improvement, then the commission may cause such improvement to be made in accordance with the prayers of the petition, without the adoption of any ordinance; provided that the commission shall finally have the right to determine the kind of material to be used for such improvement, and the width thereof. Paving streets, etc. Objections. Petition for improvement, power to grant, without ordinance. Sec. 35. The lots, pieces or parcels of land fronting and abutting upon both sides of said improvements shall be charged with the cost thereof according to the just pro rata of the entire cost of said improvements for said frontage, provided that the frontage of intersecting streets, avenues, lanes or alleys shall be assessed as real estate abutting upon the street,
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avenue, lane or alley to be paved or otherwise improved, and the municipal corporation shall be, for all intents and purposes of these paving provisions of this Act, the owner or legal representative of real estate abutting on any street, avenue, lane or alley, shall possess the same rights and privileges as other owners of real estate abutting on any such street, avenue, lane, or alley, and the commission shall pay from the city funds the just pro rata of the entire cost of said work or improvement for said frontage. Assessments against abutting property. Sec. 36. Whenever the petition provided for in Section 34 of this Act is presented or whenever the commission shall have determined to pave, grade, drain or otherwise improve any street, avenue, lane or alley or any part of them, and shall have passed the ordinance provided for in said section, the commission shall then have the power to enact all further ordinances and to establish all rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvements and to cause to be put in and constructed all water, gas or sewer pipes in and underneath the streets, avenues, lanes or alleys where such public improvements are to be made, and all costs and expenses of making such connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvement. Ordinances as to assessments, etc. Pipe connections. Sec. 37. After the expiration of time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such improvement signed by more than 60 per cent. of the owners in area of the property to be assessed, if such petition shall be found in proper form and properly executed, the commission shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of the commission to proceed with the improvement, stating the material to be used, and the manner of construction, and defining the extent, character and width of the improvement, and such other matter as may be necessary to instruct the city manager and his subordinates in preparing for such improvement the necessary plans,
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plats, profiles, specifications and estimates. Said resolutions shall set forth any such reasonable terms and conditions as the commission shall deem proper to impose with reference to the letting of the contract and the provisions thereof, and the commission shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond in amount to be stated in such resolution, conditioned for the full and faithful performance of the work and of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the malignant or improper execution of the work, and may require a bond in an amount to be stated, for the maintenance in good condition of such improvements for a period of at least one year from the date of the completion, or both in the discretion of the commission. Said resolution shall also direct the city manager to advertise for bids for furnishing the materials and performing the work necessary in making such improvements. The notice of such bid shall state the street, avenue, lane or alley to be improved, the kind of improvements proposed, what if any bond or bonds will be required to be executed by the contractors, and shall state the time and place where such sealed bids shall be filed, and when and where the same will be considered by the commission. Such notice shall be published for ten days in the official newspaper. At the time and place specified, the commission shall examine all bids received and without unnecessary delay award the contract to the lowest and best bidder; which contract shall in no case exceed the estimate of cost submitted by the city manager for such work, and the commission shall have the right to reject any and all bids and to re-advertise for other bids when any such bids are not in its judgment satisfactory. Resolution as to improvement. Contractor's bond. Advertisement for bids. Sec. 38. As soon as the contract is let and the cost of such improvements ascertained, which shall also include all other expenses incurred or to be incurred by the municipal corporation incident to such improvement, in addition to the contract price for the work and materials, the commission shall by resolution appoint a Board of Appraisers, consisting of the city manager and the city tax assessors, to appraise and apportion
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the cost and expense of the same to the several tracts of land abutting on the proposed improvements, within ten days from the date of the resolution, appointing such board, the board shall file a written report of the appraisal, assessment and apportion of such expense and cost to the several tracts of land abutting on such street, avenue, lane or alleys, with the secretary of the commission. When such report shall have been returned and filed, the commission shall designate a time for holding a session for the hearing of any complaints, or objections, that may be made concurring such appraisement, assessment and apportionment as to any such tracts of land abutting on the proposed improvements, and notice of such session for such hearing shall be published by the secretary at least five days prior to such session, and the notice shall provide for an inspection of the return by any person interested herein. The time fixed for such hearings shall be not less than five nor more than ten days from the last publication. The commission shall at said session have power to review and correct said appraisement, apportionment and assessment and to hear objections to the same, and to confirm finally the same as made by the board or as corrected by the commission. Assessment in conformity to said appraisement and apportionment as confirmed by the commission shall be payable in ten equal installments and shall bear interest at the rate of seven per cent. per annum, from the time said assessments are fixed, until paid, the assessments to be payable in each year at such time as the several installments of the assessment are made payable each year. The commission shall by ordinance levy assessments in accordance with said appraisement and apportionment as confirmed against the several tracts of land liable therefor. Board of Appraisers, to apportion cost, etc Sec. 39. The first installment of said assessment together with interest to that date or the whole shall be due and payable on the first day of November next succeeding the adoption of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on November first, of each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed
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after the first day of October in any year, the first installment of such assessment and interest shall be due and payable on November first of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments in full within thirty days from the date of the passage of the ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments, without interest, within said period of thirty days to the secretary of the city, and relieve their property from the lien of said assessment, which money so paid to the secretary shall be disbursed pro rata between the contractor and the municipal corporation in proportion to their respective interest. Payment of Assessments. Sec. 40. Such special assessment and each installment thereof, and the interest thereon, and all costs incurred by the municipal corporation in connection therewith are hereby declared to be a lien against the tract of land so assessed from the date of the ordinance levying the same, co-equal with the lien of taxes, and prior to and superior to all other liens against such tracts, and such lien shall continue until such assessment and the interest thereon shall be paid in full, but unmatured installments shall not be deemed to be within the terms of any general covenant of warranty. Lien of assessments. General warranty not cover unmatured installments. Sec. 41. The commission, after expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, fixing the date fifteen days after the passage and adoption of the ordinance, levying such assessment, and of such denomination as the commission shall determine, which bond or bonds shall in no event become a liability of the municipal corporation of the City of Toccoa, nor of the commission. One-tenth in amount of any such series to that date shall be payable on the fifteenth day of November next succeeding the maturity of the first installments of the assessments and interest, and one-tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be
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payable on November fifteenth in each succeeding year until all shall be paid, such funds to bear interest at a rate not exceeding six per cent. per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street, avenue, lane or alley, for the improvement of which they have been issued and that they are payable solely from assessments which have been levied upon the tracts of land benefited by the said improvement under authority of this Act. Said bonds shall be signed by the mayor and attested by the secretary of the commission, and shall have the corporate seal of the city affixed, and shall have interest coupons attached, and all bonds issued by authority of this Act shall be payable at such place either within or without the State of Georgia as shall be designated in the bond. Said bonds shall be sold at not less than par, and the proceeds thereof shall be applied to the payment of the contract price and other expenses incurred in making such improvement, or such bonds in the amount that shall be necessary for that purpose may be delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvement shall be sold or otherwise disposed of as the commission shall direct and as regulated by law. All said bonds shall be registered by the secretary of the commission in a book to be provided for that purpose, and certificate of registration shall be endorsed by the secretary on each of said bonds. Whenever the owner of any such bonds shall sell or transfer the same, such sale with the name and address of the owner and of the transferee shall be entered on the registry book for such bonds at the office of the secretary, and it shall be the duty of the transferee of said bonds to carry or send said bonds to the secretary for such purpose. Bonds to be paid from assessments. Interest 6% Recitals in bonds. Sale of bonds. Registration of bonds. Sec. 42. The assessment shall be payable by the person owning said tracts of land as the several installments become due, together with the interest on the whole amount as before provided for, to the secretary of said city, who shall give
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proper receipts for such payments. It shall be the duty of the secretary of the commission to keep an accurate account of all such collections made by him, and such collections shall be kept in a separate account and special fund to be used and applied for the payment of such bonds and the interest thereon, and for no other purpose; except that, at the time that any payment on said bonds shall be due, if there shall be more than enough in such special fund to make payment of the amount then due on said bonds, the other items of expense incurred by the municipal corporation in making such improvement may be paid wholly or partly from such excess. It shall be the duty of the secretary not less than thirty days and not more than fifty days before the maturity of any such assessments to publish in two successive issues of the official news-paper, a notice advising the owner of the property affected by such assessment of the date when such installments and interest will be due, and designating the streets or other highway on which such assessments have been levied, and that unless the same shall be promptly paid, proceedings will be taken to collect said installments and interest. It shall be the duty of the secretary of the commission promptly after the maturity of any such installments or assessments and interest, in case of a default in payment of such installment or assessment, with interest, to issue an execution against the tract of land assessed for such improvements or against the person owning the same for the amount of such assessment with interest, and deliver the same to the levying office of said city or his deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvement, and after advertisement and other proceedings as in case of sales for city taxes, the same shall be sold at public outcry to the highest bidder, and such sale shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and subject to claims against said property for unpaid taxes; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which execution issued is due, and stating what amount he admits to be due which amount shall be paid before the affidavit is received for
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the balance. All affidavits (and these the foregoing and following provisions shall apply to the railroads against whom executions shall issue for the cost and expense of paving) shall set out in detail the reasons why the affiant claims the amount is not due, and when received by the levying officer shall be returned to the Superior Court of Stephens County, and there tried and the issue determined as in other cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay under the Code of Georgia. The failure of the secretary to publish said notice of maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest thereon on the execution issued therefor. For all such paving or improving purposes the person last returning the real estate for taxation to the city shall be regarded and taken to be the owner thereof, and if two or more persons shall return the same property for taxation the city authorities may proceed against all or either of them, and leave to them the settlement as to who is owner and who is liable; and when no person shall return any such real estate for taxation, then no notice shall be given but the work shall be done and assessment made and execution issued against the property as unreturned property, and the same shall be levied on and sold as unreturned property is levied and sold for the payment of city taxes owing thereon. Payment of assessments, how made. Funds from assessments. Notice before maturity of assessments. Execution, levy and sale. Affidavit of illegality. Failure to publish notice. Owners of real estate assessed, who treated as. Execution against unreturned property. Sec. 43. No suit shall be sustained to set aside any such assessment or levying or collecting any such assessment or issuing such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any grounds or for any reason, other than for failure of the commission to adopt and publish the ordinance provided for in Section 34 of this Act, and to give notice of the return of the Board of Appraisers, as herein provided for, unless such suit shall be begun within thirty days after the passage of the ordinance making such final assessment; provided that in the event any special assessment shall be found to be invalid or insufficient partly or wholly for any reason, the commission may at any time in the manner provided for the levying an original assessment
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proceed to cause a new assessment to be made and levied which shall have the force and effect of an original valid assessment. Suit to set aside assessment, time for. Reassessment. Sec. 44. In all cases where the commission shall deem it necessary to repave, redrain, remacadamize or otherwise improve any street, avenue, lane or alley, or any sidewalks, which has been paved or improved prior to the passage of this law, or which shall have been heretofore paved or improved under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act, and in such cases all provisions of this Act providing for making such improvements and levying assessments therefor and the issuance of bonds shall apply, provided that in the judgment of the commission the pavement is worn out and no longer serviceable. If in the judgment of the commission any sidewalk which has been heretofore paved is worn out and no longer serviceable, the commission may require the abutting property owner to repave said sidewalk in accordance with the provisions of the present law for paving sidewalks. Repaving. Sec. 45. Whenever the abutting land owner of any street, avenue, lane or alley of said city shall petition the commission as hereinbefore set out, or the commission shall adopt the ordinance as provided in Section 34 hereof where the State or any of its political subdivisions is the owner of any property on such street or other highway the frontage so owned is to be counted as if owned by an individual and shall be so treated for the purpose of assessment, and when the State is the owner the Governor is authorized to sign any petition provided for therein, and where the County of Stephens is the owner the Chairman of the Commissioners of Roads and Revenues is authorized to sign in behalf of the county; and where the City of Toccoa is the owner the mayor is authorized to sign in behalf of the City of Toccoa. The method of paving, grading, macadamazing, draining or repaving, redraining, remacadamazing, or otherwise improving any street, avenue, lane or alley, or any part or parts thereof, as provided for in Section 34 to 45, inclusive, of this Act,
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shall be excepted in cases where the owners of more than sixty per cent. in area of the land liable for any such improvements shall petition the commission for such improvement of any street or highway or part thereof, in addition to and cumulative of the methods now provided by law for such purposes, or any of them, and the commission in any case may (subject to the exception before stated) use and apply any of said methods. Paving in front of public property. Sec. 46. When any action shall be brought in any court of this State to which the City of Toccoa shall be a party, service of any and all writs which are required to be served on said city shall be made by personal service of a copy thereof on any one of the commissioners of said city. Service of writs. Sec. 47. The present method of returning property for taxation to said city (such returns however to be made to the secretary of the commission), of assessing property for taxation, and of levying and collecting such taxes, and other revenues of said city, and of holding them, shall continue in force and the offices of tax assessors shall continue, with the same duties pertaining to said office as at present, with such additional duties as herein provided. Tax returns. Assessment for taxation. Sec. 48. If the owner or agent of any property, real, personal or mixed, shall be dissatisfied with the assessment thereof by the tax assessors, he shall have the right to ask for an arbitration of the assessment by giving a written notice to the tax assessors within five days after the final assessment is made by the tax assessors as now provided by law, of his desire to arbitrate, and naming his arbitrator. The tax assessors shall, within two days after such notice is given them, name an arbitrator for the city. The two arbitrators shall within two days thereafter select a third, and the written decision of two out of the three shall finally determine the assessment to be placed on such property for that year. Such award by a majority must be made within three days after selection of the third, or the assessment made by the tax assessors shall stand. The award shall not be in excess of the amount fixed by the tax assessors nor less than the amount claimed by the complainant.
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The expenses of this arbitration and hearing shall be paid equally by the City of Toccoa and the property owner demanding the arbitration. Objection to assessment: arbitration. Sec. 49. The following shall constitute the various departments of the city government referred to in Section 12 hereof, and the titles of the heads thereof. Police Department (including regulation and management of the city prison) the head of which shall be designated chief. Departments of government. Fire Department, the head of which shall be designated chief. Public Health, the head of which shall be designated health officer. Department of Law, the head of which shall be designated city attorney. Public Works (including inspection of buildings, care of streets, drains, bridges, sewerage system, public buildings and personal property of the city not belonging to any other department), the head of which shall be designated as director of public works. Public Records, the head of which shall be the secretary of the commission. The commission may from time to time on the recommendation of the city manager create other departments and may define the duties pertaining to each department. Other departments. Sec. 50. All salaries not otherwise provided for in this Act shall, except in the case of the salary of the city manager, be fixed on the recommendation of the city manager by the commission; such salaries shall be fixed yearly. Salaries. Sec. 51. The commission may from time to time require all of the officials and employees of the city to give bond for the faithful performance of their duties, and may require them to take proper oaths of office. Official bonds; oaths. Sec. 52. The secretary of the commission shall issue all executions for taxes and for other amounts owing to the city
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and he shall keep a record thereof, and shall keep all other city records. Executions. Sec. 53. The chief of police shall be ex officio marshal of said city and shall perform all duties imposed on the marshal by law. Chief of police. Sec. 54. Except in the case of the secretary of the commission and the recorder, the city manager may appoint a deputy for any department which deputy shall have all the authority of the head of the department in the absence, disability or disqualification of the head. Deputies of department heads. Sec. 55. The commission may be resolution adopted at any meeting thereof and to take effect at once, if so provided in the resolution, exercise all power and authority in declaring a quarantine and in enforcing the same. Quarantine. Sec. 56. Be it further enacted by the authority aforesaid, That this Act shall become effective only after a majority of the duly qualified electors of said city voting shall vote for Amendment to charter, and if a majority of said electors so vote, then this Act shall become effective. Election as to adoption of this Act. The mayor and council shall provide for an election to be conducted as elections are now conducted and the returns thereof made by the managers to the mayor and council, who shall declare the results, which shall be entered upon the minutes so as to show the number of votes cast for and against said new charter. The election shall be held on a day appointed by the mayor and council within sixty days from the approval of this Act; and two weeks publication and notice of the date of said election shall be given in public places in said city and in the paper published in said city prior to said date. On the issue submitted to the voters of said city as aforesaid the ballots shall be marked For Amendment to Charter and Against Amendment to Charter. If a majority of those voting vote Against Amendment to Charter, this Act shall be void; if a majority of those voting vote For Amendment to Charter, then this Act shall be of force as provided therein from and after January 1, 1925. In said election the qualified
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voters shall be determined according to the last registration list of said city prepared prior to said election. The said registration list may be purged, corrected and brought down to date. The registrars to be judges of correctness of said list. Time of election. Form of ballots. Registration list. Sec. 57. Be it further enacted by the authority aforesaid, That said commissioners shall have authority to pass ordinances or resolutions and impose penalties for the failure to comply with same, for the preservation of peace and good order, the prevention of vice and immorality, and shall have authority to disperse disorderly assemblages; to prevent and suppress all gaming, and gaming houses, and places or houses of ill fame or houses kept for any immoral purpose, to license tax, regulate, restrain or prohibit all billiard rooms, pool rooms, ten-pin alleys, or other such alleys, inns, taverns, hotels, restaurants, lunch stands or other places for public entertainment; to license, tax, regulate and prohibit itinerant physicians and venders of medicines or other articles; to direct the location and regulate the operation and maintenance and management of public bath houses or bathing pools or public play grounds or other places of amusement and require the same to be closed if deemed expedient; to preserve the health of the citizens of said City of Toccoa by the adoption of such sanitary rules and regulations as may be deemed proper and expedient; and to pass such regulations as are proper for the general welfare of the said City of Toccoa. General police powers. Licenses. Health regulations. Sec. 58. Be it further enacted by the authority aforesaid, the corporate limits of the City of Toccoa shall remain as provided by existing laws, and that the authority heretofore granted to the City of Toccoa not herein repealed shall continue of force, and the inhabitants of the City of Toccoa, Georgia, as its limits now are, or may be hereafter established shall continue to be a body politic and corporate to be known and designated as the City of Toccoa, and the corporate existence, identity, present territorial limits, and jurisdiction of the City of Toccoa both within the corporate limits and beyond same, with the corporate rights, powers and privileges conferred, and all duties, obligations and liabilities imposed by law shall be preserved unto said city except as
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altered or amended by this Act, and as such body politic said city shall have perpetual succession, may sue and be sued, contract and be contracted with, have and use a corporate seal, and make and amend rules, regulations, by-laws, resolutions and ordinances for its government and the exercise of its corporate powers not in conflict with this Act, the other Acts granting authority to said city, the Constitution and laws of Georgia and of the United States of America. Corporate limits. Existing powers, etc., preserved. Corporate powers. Sec. 59. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 8, 1924. TRENTON TAXES AND LICENSES; REFERENDUM, No. 437. An Act to amend an Act entitled An Act to incorporate the Town of Trenton, in the County of Dade and to appoint commissioners of the same, and to point out the mode of electing the same, and other officers of said town and to confer certain powers on the commissioners thereof, approved December 8, 1860, to confer upon the Board of Commissioners the power to levy and collect certain taxes, 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 IV of the above recited Act be and the same is hereby amended by striking out the word five from the second line of said section and substituting the word eight therefor, and by inserting the words and personal before the word property in the fifth line thereof, and by striking out the words one-fourth of from the sixth line of said section, so that said section as amended shall read as follows: Amendment. To read. Sec. IV. And be it further enacted, That said commissioner shall have power to levy a corporate tax of not more
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than eight dollars on every person within the limits of said incorporation who is subject to road duty which tax shall be in lieu of said duty; and shall have the power to levy such tax on real and personal property, not exceeding the State tax as they may think necessary to advance the interests and promote the welfare of the citizens within said corporation. Commutation tax. Property tax. Sec. 2. And be it further enacted, That said Act be further amended by striking therefrom Section 6 thereof and inserting the following in lieu thereof: Section stricken. Substitute. Sec. VI. And be it further enacted, That whenever any thing for which State license is required is to be done within said corporate limits, the commissioners may require a license and may impose a tax therein for the use of said town, and said commissioners shall have power to license and register hotels, boarding houses, livery stables, garages, public and private, transportation in and through said town, selling at public outcry to the highest bidder or a fixed price, the peddling of any article, or any other business or thing which by law might be licensed or regulated except as in this Act prohibited, and license or regulate either the sale or dealing in said town in any manner of dry goods, groceries, wares, merchandise, jewelry, musical instruments, sewing machines, patent medicines, patented articles, patent rights, nostrums or other goods and articles, and place either for the sale or delivery, or both, where the same is not contrary to law, a tax or license not to exceed $50.00 per annum. Licenses. Amount of license. Said corporate authorities shall have power to tax all shows and exhibitions in a sum not exceeding the State tax, which may exhibit within the corporate limits of said town and prohibit the same altogether when they deem it best for the interest of the town. Tax on shows. Sec. 3. Be it further enacted by the authority aforesaid, That this Act shall become effective only after a majority of the duly qualified electors of said town voting, shall vote for said amendment, and if a majority of said electors so vote, then this Act shall become effective. Election to adopt Act.
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The Board of Commissioners shall provide for an election to be conducted as elections are now conducted, and the returns thereof made by the managers to the Board of Commissioners, who shall declare the result, which shall be entered upon the minutes so as to show the number of votes cast for and against said amendment. The election shall be held on a day appointed by the commissioners within sixty days from the approval of this Act; and two weeks' publication and notice of the date of said election shall be given in the newspaper in said town prior to said date. On the issue submitted to voters of said city as aforesaid those favoring the adoption of this amendment shall have their ballots to read, For the Amendment to the Charter of the Town of Trenton, and those opposed to this amendment shall have their ballots to read, Against the Amendments to the Charter of the Town of Trenton. Election. If a majority of those voting against amendment this Act shall be void; if a majority of those voting for amendment, then this Act shall be of force as provided herein. Sec. 4. Be it further enacted by the aforesaid, That all laws and parts of laws in conflicts with this Act be and the same are hereby repealed. Approved August 13, 1924. TWIN CITY; REFERENDUM AS TO REPEAL OF CHARTER. No. 464. An Act to repeal An Act to create a charter and municipal government for Twin City; to define the rights and powers of the municipality; to define the corporate limits, and to repeal all former charters and all laws in conflict therwith, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the
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same, That the inhabitants of the territory hereinafter described, all of which is located in Emanuel County, State of Georgia, be and are hereby incorporated under the name and style of Twin City, a body politic and corporate, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations in the State of Georgia, and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to the City of Summit and the City of Graymont, shall be and are hereby vested in the said Twin City as created by this Act, and the said Twin City as created by this Act, may by its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded with, have and use a common seal, make and enact through its commissioners such ordinances, by-laws, regulations and resolutions for the transaction of this business and the welfare and proper government as said city commissioners may deem proper, not in conflict with this charter, nor in conflict with the Constitution and Laws of the State of Georgia, nor in conflict with the Constitution and Laws of the United States of America. And the said Twin City shall have the right to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate, real or personal, lands, tenements, and hereditaments of whatsoever kind, with or without the limits of said city for corporate purposes, and the said Twin City shall have the right to rent, lease or operate, any and all public buildings for any purpose whatever; and said city shall have the right and power to receive gifts, donations, bequests, and public trusts, and agree to conditions and terms accompanying the same, and the commission of said city is hereby empowered to bind said city to carry out the same. Said Twin City, as created by this Act shall succeed to all the rights and remedies of and is hereby made responsible as a corporate body for all the legal debts, liabilities and undertakings of the present City of Summit and the present City of Graymont, and its former governing authorities as heretofore incorporated, approved August 9, 1920, and all Acts amendatory and explanatory thereof relating to the
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municipal government of said city and the power conferred thereby be and the same are hereby repealed. See Ga. L. 1920, Sec. 1, D. 1658. (Same words.) See repealing clause at end of this section. Repeal. Sec. 2. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until the same shall have been submitted for ratification to the qualified voters of the said Twin City and approved by a majority of the qualified voters voting at a special election to be held in said Twin City on the first Wednesday in October, 1924. Said election shall be held and governed under the same rules and regulations as special elections are held in said municipality for filling in vacancies for municipal officers, including notice and registration of voters. At said election the question submitted shall be for repealing Twin City charter, and against repealing Twin City Charter. The mayor and commissioners of said municipality shall prepare the tickets to be voted at said election and the managers of said election shall report the said result to the mayor and commissioners of said city, who shall enter the report upon the minutes of the commission and declare the results of said election. In the event a majority of the qualified voters vote in favor of repealing the said charter, the said Act shall become effective as soon as the returns are consolidated and the results are declared by the mayor and commissioners of the said municipality. Election as to repeal of charter. Sec. 3. Be it hereby enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924. UNADILLA TAXES; ASSESSMENT, RETURN, COLLECTION, ETC. No. 442. An Act to amend an Act creating a charter for the City of Unadilla, in the County of Dooly, which Act was approved August 10, 1920, which amendment shall provide for the written notice for the return of taxable property within
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the corporate limits of the City of Unadilla, and for assessments by assessors of said City of Unadilla, and notice of 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 the authority of the same, That the Act creating a charter for the City of Unadilla, and for other purposes, approved August 10, 1920, be and the same hereby is amended by striking therefrom in Section 80 thereof the words following the words Be it further enacted, and by inserting in lieu thereof the following words: (a) That the Mayor and Aldermen of said City of Unadilla shall have full power and authority to levy and collect an ad valorem tax not to exceed one per cent. upon all property real and personal within the incorporate limits of said City of Unadilla which is taxable under the laws of the State of Georgia. Ad valorem tax. (b) It shall be the duty of the Mayor and the Clerk and Treasurer of said City of Unadilla from and after the time this Act is in force to publish each year in the official newspaper in said city once a week for the four weeks next preceding the first day of April written notice that the office of said clerk and treasurer will be open for receiving the returns of tax-payers of their property subject to taxation by such city, stating therein the date upon which the books will be closed for receiving such returns. In the event that at any time hereafter there shall be no official newspaper in said city, said mayor and said clerk and treasurer shall post such written notice in at least three public places in said city for such period. Publication of notice as to tax returns. (c) It shall be the duty of all tax-payers to return their property on or before the first day of April of the year in which the same is taxable, and the return shall schedule the property owned and controlled by such tax-payer as of the first day of January next preceding the date of the returning thereof. Tax-returns. (d) That whenever the owner of any property upon which any ad valorem taxes are legally assessable by said City of
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Unadilla under the authority of any law, now of force or hereafter enacted, shall fail, refuse or neglect to return the same seasonably for taxation for the year in which the return should be made, such owner is hereby required to return such property for taxation for the year he is delinquent to said clerk and treasurer. In the event that such owner has made a return of his property or of any part thereof, and has actually undervalued the same or any part thereof, in such return, such owner is hereby required to make of his property so returned for taxation at such inadequate and improper valuation for the year he is delinquent by such undervaluation of such property, such return to be made to said clerk and treasurer. In the event that the owner of such property is dead or is under any legal disability, it is hereby declared to be the duty of his legal or personal representative or representatives to make such return required in this Act. Failure to make tax-return. (e) That when the owner of such property, or if dead or under any legal disability, his representatives or representative, fails or refuses to make a return to said Clerk and Treasurer of said City of Unadilla of his property as required by the laws of this State, said clerk and treasurer shall notify in writing such delinquent, or his representatives, demanding that a return of his property, real and personal, as contemplated by the law be made within twenty days from the date of such notice; the notice provided for herein may be given personally or by sending the delinquent through the post office in a postage prepaid letter addressed to such delinquent or his representatives, at his last known address, if any, as the same appears on the records of said clerk and treasurer, or to his most notorious place of abode, and such notice shall be deemed to be given at the time it is posted, and certificate of said clerk and treasurer shall be sufficient evidence thereof. Such notice shall recite the fact of delinquency and the date upon which the return should be made by such delinquent and that the return should be filed with said clerk and treasurer. Same subject. (f) If such tax-payer, or the owner of such property, fails or refuses to return his property or any part thereof, or fails or refuses to return his property or any part of his property at a
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proper valuation for the year for which it is or should be made after the notice authorized in subdivision (e) of this section is given, it is hereby made the duty of sid clerk and treasurer to prepare an itemized list of the property, real and personal, of such delinquent, subject to taxation by said City of Unadilla, and to file the same within ten days (exclusive of Sundays and public holidays) from the date of closing the books, with the tax assessors of said city. The tax assessors of said City of Unadilla are hereby charged with the duty of assessing such property of such delinquent, so returned by said clerk and treasurer, together with such other taxable property of such delinquent, real and personal, as they may ascertain is omitted from such return for the year in default when said tax assessors have made their assessment, they shall give written notice thereof to the tax-payer, and said assessment shall be final and conclusive upon said tax-payer unless said tax-payer shall, within twenty days from the date of the receipt of such written notice raise the question that the assessment is excessive, in which event the question of valuation shall be referred to arbitrators, one to be chosen by the tax-payer, one by the assessors with the power to choose an umpire in case of disagreement, and their word shall be final, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation or partial revocation of a submission or award thereon. If said delinquent shall refuse or neglect to designate an arbitrator within three days after the expiration of said twenty days' notice, the arbitrator appointed by said tax assessors is hereby required to appoint an arbitrator for said delinquent, and said arbitrators shall thereupon proceed to hear and determine the question in issue, with like authority to choose an umpire in case of disagreement. Assessment of unreturned property. Arbitration. (g) If the delinquent disputes the taxability of his property, or of any part thereof, he may raise that question by bill in equity addressed to the Superior Court of Dooly County, Georgia. Issue as to taxability, how raised. (h) The method hereinbefore authorized is intended to be cumulative, and is in addition, to every other remedy now or hereafter existing, at law or in equity, and the use of another
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or others shall not in any wise deprive said City of Unadilla from the use of the foregoing remedy. Remedies cumulative. (i) The mayor and the aldermen of said city are hereby fully empowered and authorized to make and adopt any and all regulations, rules and ordinances not inconsistent with the laws of the State of Georgia and of this charter, necessary requisite or convenient in the exercise and enforcement of the levy and collection of its ad valorem taxes. General powers to enforce collection. Sec. 2. Be it further enacted, That Section 85 of said Act be and the same hereby is amended so as to read as follows: Be it further enacted, That the mayor and aldermen of said city shall have power and authority to appoint each year if in their discretion they see proper, three tax assessors whose duty it shall be to value the real estate and personality in said city for taxation and to scrutinize carefully each return of property, real and personal, by any tax-payer of said city, and if in their judgment they shall find the property embraced in the return, or part of it, returned below its proper value, they shall assess the value thereof. Said tax assessors must be residents of said City of Unadilla and freeholders. Tax assessors. Sec. 3. Be it further enacted, That the entire first sentence of Section 86 of said Act be stricken therefrom. Repeal of Sec. 86 in part (as to arbitration.) Sec. 4. Be it further enacted, That this Act does not supersede any of the ordinances now of force in said City of Unadilla, save where such ordinances are in conflict with this charter, but shall continue the same, and all ordinances in conflict with, or inconsistent with, the provisions of this Act are hereby modified so as to conform therewith. Existing ordinances, effect of this Act as to. Sec. 5. Be it further enacted, That in the event that any clause, phrase, sentence, section, or part, of this Act, shall be adjudged by any court of competent jurisdiction to be unconstitutional or inoperative, the effect of such judgment shall be confined solely to the clause, phrase, sentence, section or part thereof in question, and shall not affect or disturb the operation of the remainder of this Act. Invalidity of part of Act, not affect other part.
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Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they hereby are repealed. Approved August 13, 1924. VALDOSTA; LEVY OF TAX FI. FAS., ILLEGALITY; ASSESSMENT OF UNRETURNED PROPERTY; STREET OBSTRUCTIONS; CORPORATE LIMITS, ETC. No. 279. An Act to amend an Act incorporating the City of Valdosta, Georgia, approved November 21, 1901, Acts, 1901, pages 670 to 688, both inclusive, and Acts amendatory thereof, so as to extend the limits of said City of Valdosta as defined in said Act, as amended, so that the limits of said city in addition to the territory in said Act, as amended, shall include certain territory lying immediately north of the present limits of said city, and to amend Section forty-eight (48) of said Act, so as to allow claims and illegalities to be filed when real estate or personalty is levied on under an execution issued by the clerk of said city, and to amend said Act so as to provide for notice to be given to the tax-payer, together with an opportunity for a hearing before his property unreturned for taxation is assessed for taxation by the appraisers of the said city, and to amend Section sixty-two (62) of said Act so as to allow the defendant in execution, issued under that section of said Act, to file an affidavit of illegality denying the whole or any part of the amount for which such execution is issued, and to further amend said Act so as to give the mayor and council of said city full power and authority to regulate the use of the streets, alleys, sidewalks and public squares of said city for business purposes, and so as to give the mayor and council of said city full power and authority to remove or cause to be removed any building, structure, steps, fence, gasoline or oil filling stations, gas pump, oil pump, or other obstructions or encroachments, or nuisances, in or over the streets, alleys,
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sidewalks or public squares 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 same, That from and after the passage of this Act, an Act incorporating the City of Valdosta, approved November 21, 1901, as amended be and the same is hereby amended by striking out the words and in case any person shall refuse or fail to make such return or shall make a return deemed by the board of tax appraisers incorrect, where same appears in Section 32. of said Act and by placing in lieu thereof the following words: and in case any person shall make a return deemed by the board of tax appraisers incorrect, so that said section when amended shall read as follows: Ga. L. 1901, p. 670; Sec. 32 amended. To read. Sec. 32. Be it further enacted, That it shall be the duty of every citizen and they are hereby required to make annual returns under oath, to 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 held in their own right or in behalf of other persons, polls, trades, business, occupations and professions in said city, and in case any person shall 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 thereon as they may deem correct and just. A majority of said board of tax appraisers shall constitute a quorum. The clerk of council shall be the clerk of the board of tax appraisers, and shall perform such duties as they may require of him. Assessment of unreturned property, etc. Sec. 2. Be it further enacted, That said Act incorporating the City of Valdosta be and the same is hereby amended by inserting after Section 33 of said Act the following sections: Subsections added to Sec. 33. Sec. 33-a. Be it further enacted, That any person, firm or corporation, who has failed to make his, their or its annual return respectively, under oath to said board of tax appraisers, within the time required by such board, a full and complete schedule of all their taxable property held in their own right or in behalf of others in said city, the said board of tax appraisers
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shall notify in writing such delinquent, demanding that a return be made thereof within twenty days. This notice may be served personally on such tax-payer by the marshal, chief of police or any policeman of said city or any sheriff or deputy sheriff of this State or by being mailed to such delinquent to his last known address with postage prepaid thereto. Notice to delinquent property owner. Sec. 33-b. Be it further enacted, That, if the delinquent as provided for in Section 33-a of this Act refuses to return his property after notice given him, it shall be the duty of the said board of tax appraisers of said city to assess such property for taxation from the best information they can obtain as to its value for the years in default and give written notice thereof to the tax-payer, which assessment shall be final unless the tax-payer within twenty days after receiving such notice raise the question that it is excessive, in which event the question of valuation shall be referred to arbitrators, one to be chosen by the tax-payer and one by said board of tax appraisers, with power to choose an umpire in case of dissagreement, and this award shall be final. Assessment where no return. Arbitration. Sec. 33-c. If the delinquent under Sections 33-a and 33-b of this Act disputes the taxability of such property, he may raise the question by petition in equity in the Superior Court of Lowndes County, Georgia. Issue as to taxability, how raised. Sec. 33-d. Be it further enacted, That in the event such delinquent tax-payer should make return of his property for taxation in accordance with the notice provided for in Section 33-a of this Act, then said board of tax appraisers shall have the right to assess such property as provided in Sections 32 and 33 of this Act as amended. Assessment after return. Sec. 3. Be it further enacted, That said Act incorporating the City of Valdosta be and the same is hereby amended by striking out the last sentence appearing in Section 48 of said Act and by placing in lieu thereof the following: However, when any execution is issued by the clerk of said city and is levied on either realty or personalty, the defendant in execution shall have the right to file his affidavit of illegality with
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the officer levying such execution, in which he shall have the right to set up and take advantage of any and all expenses to which he may have a right under the law, said illegality to be returned to the next term of the Superior Court of Lowndes County, Georgia, to be tried as other cases of illegality, subject to all the penalties provided as in cases of illegality filed for delay. When such execution is levied on either realty or personalty, claims may be interposed under the same rules and regulations and subject to the same penalties as now exist or may hereafter exist for the interposition of claims in the Superior Courts of this State, and such claims shall be returned to the next term of the Superior Court of Lowndes County, Georgia, and there be tried as other claim cases, except when land in another county of this State is levied on under such execution the claim shall be returned to the Superior Court of such county, so that when this section of said Act is amended it will read as follows: Sec. 48 amended. Affidavit of illegality. Claim. To read. Sec. 48. Be it further enacted, That all sales of said property shall be made under the same rules and regulations as now control the sheriff sales of said property in this State, whether made by the marshal of the city or sheriff of the county, and the clerks from either of the aforesaid offices, made in accordance with such, shall pass all the title to the purchaser that existed in the defendant. However, when any execution is issued by the clerk of said city and is levied on either realty or personalty, the defendant in execution shall have the right to file his affidavit of illegality with the officer levying such execution, in which he shall have the right to act upon 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 next term of the Superior Court of Lowndes County, Georgia, to be tried as other cases of illegality, subject to all penalties provided as in cases of illegality filed for duty. When such execution is levied on either realty or personalty, claims may be interposed under the same rules and regulations and subject to the same penalties as now exist or may hereafter exist for the interposition of claims in the Superior Courts of this State, and such claims shall be returned to the next term
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of the Superior Court of Lowndes County, Georgia, and then tried as other claim cases, except when land in another county of this State is levied on under such execution the claim shall be returned to the Superior Court of such county. Sec. 4. Be it further enacted, That said Act incorporating the City of Valdosta is hereby amended by striking from Section 62 of said Act all the words following the word, possession in the eleventh line of such section, and by placing in lieu thereof the following: provided that defendant shall have the right to file an affidavit denying the whole or any part of the amount for which such execution issued is due, and stating what amount, if any, he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and affidavit received for the balance; and all such affidavits so received shall be returned to the Superior Court of Lowndes County, Georgia, and shall be there tried and the issue determined as in cases of illegality, subject to all the penalties provided as in cases of illegality filed for delay only, so that such paragraph when amended will read as follows: Sec. 62 amended. Sec. 62. Said mayor and council shall have full power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the clerk of council against the real estate so assessed, against the owner thereof at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings, as in cases of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall pass absolute title to the purchaser. Said city marshal shall have power to reject occupants and put purchaser in possession; provided, that defendant shall have the right to file an affidavit denying the whole or any part of the amount for which such execution issued is due, and stating what amount, if any, he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and affidavit received for the balance; and all such affidavits received shall be returned to the
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Superior Court of Lowndes County, Georgia, and shall be there tried and the issue determined as in cases of illegality, subject to all the penalties provided as in cases of illegality filed for delay only. Affidavit of illegality. Sec. 5. Be it further enacted, That said Act incorporating the City of Valdosta be and the same is hereby further amended by adding thereto the following sections, to-wit: Sec. 79. The Mayor and Council of said City of Valdosta shall have full power and authority to regulate the use of the streets, alleys, sidewalks, and public squares of said city for business purposes, and no person, firm or corporation, shall have the right to use the streets, alleys, sidewalks or public square of said city for business purposes without first obtaining the consent and license of said mayor and council. Sec. 80. That the Mayor and Council of said City of Valdosta shall have full power and authority to remove or cause to be removed, any building, structure, steps, fence, gasoline or oil filling station, gasoline pump, oil pump, or other obstructions or encroachments or nuisance in, on or over the streets, alleys, sidewalks or public square of said city, at the expense of such person, firm or corporation as shall erect or maintain same or cause the same to be erected or maintained, and said mayor and council shall have the authority and power to have the clerk of said city issue execution against such person, firm of corporation for the amount of the actual reasonable cost of such removal; and that the mayor and council of said city shall have full power and authority to enact such ordinances, rules or regulations, as they may deem necessary to fully and effectively enforce the provisions of this section. Removal of buildings, obstructions, enroachments, in streets, etc. Sec. 81. Said mayor and council shall have authority and power to provide by ordinance for the issuance of executions against any person, firm or corporation, who fail to pay when due to said city, under the provision of the ordinance of said mayor and council, any license for or occupation tax, or any liability for the use of water, for the installation of water meters, or for the rent of water meters, and all such executions shall operate as tax executions, the lien of which
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shall be superior to all other liens except for taxes, liens for paving streets or sidewalks and liens for other street or sidewalk improvements. Executions. Sec. 6. Be it further enacted, That said Act incorporating said City of Valdosta be, and the same is hereby amended so as to extend the corporate limits of the City of Valdosta, so that, in addition to the boundaries defined in said Act, as amended, said boundaries be extended so as to include on the northern limits the following described additional territory, to-wit: Beginning at a point on the east side of North Patterson Street and the present city limits, thence along the east side of Patterson Street north 1 degree west a distance of 616 feet to the south side of the Woodrow Wilson College property, thence along the east side of Patterson Street north 1 degree west a distance of 185 feet to angle, thence along the east side of the proposed Patterson Street north 15 degrees west a distance of 960 feet, thence along south side of proposed street north 81 degrees and 30 minutes east a distance of 792 feet to the Ashley Street Road, thence along the west side of the Ashley Street Road north 33 degrees west a distance of 1213 feet to angle, thence along the west side of the Ashley Street Road north 27 degrees west a distance of 1994 feet to the south side of the Woodrow Wilson College property, thence on west side along the Ashley Street Road north 27 degrees west a distance of 821 feet to the present city limits, on the west side of Ashley Street Road, thence north 2 degrees and 30 minutes south a distance of 2360 feet along the present city line to the point of beginning, being approximately 134 acres. Corporate limits extended. 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 22, 1924.
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VALDOSTA TAXATION AND APPROPRIATIONS FOR WOODROW WILSON MEMORIAL COLLEGE. No. 294. An Act to amend an Act chartering the City of Valdosta, Georgia, approved November 21, 1901, Acts 1901, pages 670 to 688, both inclusive, and Acts amendatory thereof so as to authorize the mayor and council of said city to appropriate the sum of ten thousand ($10,000.00) dollars per year for a period of ten years, making a total of one hundred thousand ($100,000.00) dollars toward the establishment and maintenance of a certain educational institution to be located in or near Valdosta, Georgia, and to be incorporated under the name and style of the Woodrow Wilson Memorial College; to provide for raising said appropriation by local taxation, and to authorize the Mayor and Council of said City of Valdosta, Georgia, to pay said sum annually to the trustees or other proper authorities of said college, 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 chartering the City of Valdosta, Georgia, approved November 21, 1901, Acts of 1901, pages 670 to 688, both inclusive, and Acts amendatory thereof, be and the same are hereby amended so as to authorize the Mayor and Council of said City of Valdosta, and the said mayor and council is hereby authorized, to appropriate the sum of ten thousand ($10,000.00) dollars per year, for a period of ten years, making a total of one hundred thousand ($100,000.00) dollars, toward the establishment and maintenance of a certain educational institution to be located in or near Valdosta, Georgia, and to be incorporated under the name and style of the Woodrow Wilson Memorial College. Appropriation of $100,000 for Woodrow Wilson Memorial College. Sec. 2. Be it further enacted by the authority aforesaid, That the Mayor and Council of said City of Valdosta shall be authorized to annually assess and levy an ad valorem tax on all the taxable property within the corporate limits of said
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City of Valdosta, in addition to all other taxes assessed and levied by said city, sufficient to raise the said sum of ten thousand ($10,000.00) dollars mentioned in Section one of this Act. Ad valorem tax to meet appropriation. Sec. 3. Be it further enacted by the authority aforesaid, That said tax shall be assessed, levied and collected in the same manner as other taxes, and when so collected shall be paid over by the mayor and council of said city to the treasurer of the board of trustees, or other proper authorities, of the Woodrow Wilson Memorial College, to be incorporated as aforesaid. Collection of tax. Sec. 4. Be it further enacted by the authority aforesaid, That said mayor and council are further authorized to make further appropriations, in addition to that provided for in the preceding sections of this Act, in such amounts as they may see fit, towards the establishment or maintenance, either or both, from time to time, of any college that is now established or may hereafter be established within the corporate limits of said City of Valdosta, and the mayor and council are hereby authorized to assess and levy an ad valorem tax on all the taxable property within the corporate limits of said City of Valdosta, in addition to all other taxes, sufficient to raise the amount of such appropriations, and the amounts so raised shall be paid over by the mayor and council of said city to the treasurer of the board of trustees, or other proper authorities, of any such college. Additional appropriations for college. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 25, 1924. VIENNA STREET IMPROVEMENTS; BONDS; BOARD OF REGISTRARS. No. 332. To be entitled an Act to amend an Act approved August 16, 1915, entitled An Act to create a new charter for the City of Vienna, in the County of Dooly and for other purposes,
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so as to empower the City of Vienna to pave, macadamize, curb and otherwise improve any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares or other public places or highways, or any portion thereof, within the corporate limits of the city; to provide for a board of assessors and for the hearing of complaints and objections by mayor and city council to assessments and to assess the cost of making such improvements in whole or in part against the abutting property and its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor; to provide for the issuing of bonds to be known as Street Improvement Bonds to be negotiated by the city or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to impose punishment as for a misdemeanor, on any one using such funds for any other purpose; to provide for a board of registrars and to prescribe their duties and powers. Section 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, 1915, entitled An Act to create a new charter for the City of Vienna, in the County of Dooly, and for other purposes, be and the same is hereby amended by adding thereto the following provisions. Sec. 2. Be it further enacted by the authority aforesaid, That whenever any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares or other public places or highways, or any portion thereof, within the corporate limits of the City of Vienna, shall have been authorized under the laws and ordinances of the city to be paved, macadamized, curbed or otherwise improved, and the contract for such improvements has been ascertained, which cost shall include all expenses incurred by the city incident to such improvements, the mayor and city council shall by resolution appoint a board of appraisers consisting of one member of the board of tax assessors, clerk of the city
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council, and the city engineer, provided that if the City of Vienna has no city engineer the mayor and city council may appoint in his stead any freeholder of said city, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on said improvement as hereinafter provided. That 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 costs to the several lots and tracts of land abutting on said street, alley, lane, avenue, square, or other public places so improved, with the clerk of the city council of said city in the manner and on the basis herein provided. When said report shall have been returned and filed, the said mayor and city council shall appoint a time for the holding of a session of council or shall designate a regular meeting of council for the hearing of any complaints or objections that may be made concerning the said appraisements, 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 council in at least two consecutive issues of the Vienna News or any other newspaper in which the sheriff's advertisements of Dooley County are published, 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 of said notice. The said mayor and city council at said session shall have power to review and correct said appraisement, apportionment and assessment and to hear and determine objections to the same, and to confirm the same either as made by said board or as corrected by said mayor and city council. Board of Appraisers to apportion cost of improvements. Report of appraisers. Objections. Notice of hearing. The mayor and city council shall by written resolution, apportion the cost and expense of the same pro rata per front foot to the several tracts, lots or parcels of land abutting upon the area covered by such proposed improvements, and shall then levy assessments against said abutting property and the owners thereof in accordance with such apportionment
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and as hereinafter provided, which assessments shall be paid in ten (10) equal annual installments and shall bear interest at the rate of not exceeding seven per cent. per annum until paid, said interest payable annually. Resolution apportioning cost: assessment. Payment in ten annual installments. See Sec. 9. p. 784, as to semi-annual payments. Sec. 3. Be it further enacted by the authority aforesaid, That the first installment of such assessment, together with interest to that date upon the whole, shall be due and payable on the first day of December next succeeding the date of the levy of such assessment, and one installment, together with the yearly interest upon the amount remaining unpaid, shall be due and payable on the first day of December in each succeeding year until all shall have been paid, provided, nevertheless that 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 the assessment, without interest, and thus relieve his property from the lien of such assessment. First installment payable when. Option to pay whole in 30 days. Sec. 4. Be it further enacted by the authority aforesaid, That such special assessment and each installment thereof, together with interest on the same, shall be a special lien against the lot, parcel or tract of land so assessed, from the date of the resolution levying the assessment, co-equal with the lien of other taxes, and prior and superior to all other liens against such lots, parcels or tracts, and such liens shall continue until such assessment and interest thereon shall be fully paid. Lien of assessment. Sec. 5. Be it further enacted by the authority aforesaid, That thirty days after the date of the passage of said resolution apportioning and levying said assessments, mayor and city council shall by written resolution, provide for the issuance of bonds in the aggregate amount of such assessments then remaining unpaid, bearing date thirty days after the passage of the resolution levying said assessments, and of such denominations as the mayor and city council may determine, which bonds shall in no event become a debt or liability of the City of Vienna by reason of its issuing the same for the purpose herein specified. One-tenth in amount of any such
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series of bonds, with the interest upon the whole amount of such series up to the first day of January next succeeding the maturity of the first installment of the assessment, as herein before provided, shall be payable on that date; and one-tenth in amount of such issue of bonds, together with the annual interest 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. Such bonds shall bear interest at a rate not exceeding seven per cent. per annum from their date until maturity, payable annually, and shall be designated Street Improvement Bonds and shall on their face recite the streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied 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 and attested by the city clerk, and shall have the impression of the corporate seal of said city thereon, and shall have interest coupons attached, and all bonds issued by authority of this Act shall be payable at such place, either within or without the State of Georgia, as may be designated by the mayor and city 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 incurred in the making of such improvements, or such bonds may in whole or in part be negotiated and delivered to the contractor, at not less than par value, in payment of any amount due him on his contract. And any portion of the bonds not so negotiated or turned over to the contractor may be sold or otherwise disposed of by the mayor and city council, at not less than par value and the proceeds applied to any expense incident to and incurred by the city in providing for such improvements. Said bonds may, at the option of the holder thereof, be registered by the city clerk in a book to be provided for that purpose, and a certificate of registration by the clerk shall be by him indorsed upon each of said bonds. Resolution providing for bond issue, payable from assessments. Interest on bonds. Recitals in bonds. Sale of bonds. Registration of bonds. Sec. 6. Be it further enacted by the authority aforesaid, That the assessments provided for and levied under the provisions
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of this Act shall be payable by the person owning the said lot, parcel or tracts of land, on the first day of December in each year, together with the interest thereon, to the clerk of the City of Vienna, who shall give proper receipts for such payments; provided, that if the levy of such assessments is made after September 1st, then the first installment and interest shall become due and payable on December 1st of the succeeding year. It shall be the duty of the city clerk to keep an accurate account of all such collections made by him, and such collections shall be kept in a separate fund to be used and applied for the payment of such bonds and the interest thereon, and for no other purpose. Any misapplication or misappropriation of such fund by anyone shall constitute a misdemeanor, and be punishable as such under the criminal laws of this State providing for the trial and punishment of persons committing any misdemeanor. It shall be the duty of said clerk, upon default of payment of the principal or interest of any assessment or installment herein provided for, at the maturity thereof, to promptly issue an execution against the lot, parcel or tract of land assessed for such payment, or against the owner of the property for the full amount thus becoming due and unpaid, and to forthwith turn over such execution to the city marshal, who shall promptly levy the same upon the real estate liable for the assessment and previously assessed for such improvement; and, after advertisement and other proceedings as in the case of sales for city taxes, the same shall be sold at public outcry, to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments, with interest; provided, that the defendant in execution shall have the right to file an affidavit of illegality, denying that the whole or any part of the amount for which the execution issued is due, starting what amount (if any) he admits to be due, which amount so admitted to be due shall be paid before the affidavit is received. All such affidavits shall set forth in detail the reasons why the affiant claims the execution is proceeding illegally, and, when received by the marshal, said affidavit shall be returned by him to a justice's court or to the Superior Court, if the amount
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of the execution is one hundred dollars or less, and the Superior Court only if the amount contested is over one hundred dollars, and there tried and the issue determied as in cases of illegality, subject to all fines and penalties provided by law in such cases for delay. Payment of assessments. Funds from assessments. Misappropriation of funds. Execution, levy and sale. Affidavit of illegality. Sec. 7. Be it further enacted by the authority aforesaid, That the entire expense of constructing sidewalks, footways, curbing, drains and gutters, along the sides of all public thoroughfares, in said city, together with the whole cost of all materials used in making such street improvements shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements, and paid by the owners of such property, according to its frontage; and that the cost of making such other street improvements as are authorized by this Act shall be apportioned and assessed as follows: one-third of such costs to be chargeable to the City of Vienna, and one-third thereof to be assessed against the abutting property and the owners thereof on each side of the street or other public thoroughfare to be paved, macadamized or otherwise improved, according to the frontage of said property thereon, and the frontage of intersecting streets, avenues, lanes, alleys, or other public throughfares shall be assessed as real estate abutting upon the street, lane, alley, avenue, or other public thoroughfare paved or otherwise improved, and the said mayor and city council shall be for all the intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, avenue, or other public thoroughfare, shall possess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, avenue or other public thorough fare. Said proportion of such cost to be borne by the city may be paid out of any available funds for that purpose in the city treasury or from the proceeds of bonds duly authorized as now provided by law. Sidewalks, etc. Apportionment of cost; assessment. Sec. 8. Where the right-of-way of any railway company crosses any public thoroughfare within the corporate limits of the City of Vienna, such company is to be deemed for all the purposes of this Act, as the owner of the property on both
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sides of such 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. And said railway companies shall be subject to all the provisions of this Act the same as persons owning property in said City of Vienna. And all property owned by the County of Dooly, lying within such corporate limits and abutting upon any square or public thoroughfare of the city, 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 made by the county of such property. Assessment where railroad crosses street. Abutting property of county assessable. Sec. 9. Be it further enacted by the authority aforesaid, That the mayor and city council may in its discretion, by proper written resolution, provide for and require the payment of the interest on the bonds authorized to be issued in accordance with the provisions of Section five of this Act, semi-annually, on the first day of January and July, instead of annually; and, in levying the assessment against property owners for such public improvements as are authorized by this Act, the mayor and city council may likewise require the installments to be paid semi-annually, on the first day of December and June of each year, instead of annually, as provided in Section two of this Act. Interest on bonds, time for paying installments of assessments. Sec. 10. Be it further enacted by the authority aforesaid, That at the first meeting of the mayor and city council held after the passage of this Act, the mayor and city council shall elect by ballot three registrars for the City of Vienna, who shall serve until their successors are elected and qualified as hereinafter provided. At the first regular meeting of the mayor and city council held in January, 1925, and biennially thereafter, the mayor and city council shall elect by ballot three registrars for said City of Vienna. Said registrars shall be qualified voters of said city. In the event of death or resignation of any registrar his unexpired term shall be filled by the mayor and city council by appointment. Said registrars before entering upon their duties shall take and subscribe the
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following oath: I do solemnly swear that I will faithfully and impartially discharge, to the best of may ability, the duties imposed upon me by law as such registrar. Said oath shall be filed with the clerk of council and entered upon the books of minutes. Fifteen days prior to the date of any election for any purpose, held in and for said City of Vienna, the clerk of the city council shall turn over to said registrars the book of registered voters, and said registrars shall appoint a time when they, in open session in the council chamber, will hear all complaints. When a complaint is made that any voter has registered who is not entitled by law to do so, he shall have at least three days written notice, and said notice shall state the time and place of hearing and grounds of challenge, and the registrars shall sit as a court to review said case, and may subpoena witnesses, hear evidence and determine whether such applicants should be allowed to register. Said registrars shall review the list turned over to them, but any voter to be affected must be notified and have an opportunity to be heard as hereinbefore provided. All actions of the registrars in revising the list of voters must be in public in the council chamber. In making said registration list, and in revising said work, the registrars shall examine the grounds for disqualification of voters, including criminal records, insolvent tax lists, tax digests, tax execution dockets and tax executions. They shall leave no one on said list who is not entitled to register, and shall strike no one off of said list who is entitled to register and vote. That after such registrars have fully completed their work in revising the registration list, they shall have carefully and plainly made, or cause to be made, two alphabetical lists exactly the same, giving name, age, occupation, color and residence of each voter, and shall certify to the correctness of each list and date and sign the same officially. They shall file one copy with the clerk of city council for the inspection of all parties concerned. The other copy they shall securely seal, plainly mark and sign on the outside officially, and deliver to the clerk of city council, to be by him kept unopened until the day of election, and then handed to the managers of said election. Said registrars shall also at the same time turn back to the clerk of
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the city council the book of original entries of the persons registering and their oaths, and these shall remain in his office at all times during office hours, subject to the inspection of any parties at interest. That the mayor and city council shall fix such compensation for said registrars as they may dtermine, and same to be paid out of any funds as may be available for such purposes. Registrars. Oath of registrars. Objections to names on registration list. Notice to voter. Revision of list. Duplicate lists. Filing copy. Sec. 11. Be it further enacted by the authority aforesaid, That the provisions of this Act shall in no wise annual and void the present law under the present charter of the City of Vienna in reference to paving and registration of voters within the City of Vienna, but the same shall be cumulative and in addition to present laws governing the same within said city. Provisions as to paving and registration are cumulative. Sec. 12. Be it further enacted by the authority aforesaid, That if any provision of this Act shall be held invalid for any reason the remaining provisions of this Act shall not be affected thereby. Act not invalidated by void part. Sec. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. WARM SPRINGS CHARTER REPEALED. No. 349. An Act to repeal all laws and amendments to laws heretofore passed incorporating the Village of Warm Springs in Meriwether County, Georgia (Acts of 1893, page 345), 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 and approval of this Act, the Act creating and incorporating the Village of
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Warm Springs of Meriwether County, Georgia, and all amendments thereto be and the same are hereby repealed. Charter repealed. Sec. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. WAYCROSS CORPORATE LIMITS REDUCED. No. 318. An Act to amend the charter of the City of Waycross, so as to reduce the corporate limits of said City of Waycross, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after twelve o'clock midnight December the 31st, 1925, the corporate limits of the City of Waycross, shall be reduced by removal therefrom of the following described tract of land, to-wit: Beginning at the northwest corner of land lot number 155 in the eight District of Ware County, Georgia, and running thence south along the west line of said lot to the north right-of-way of Atlantic Coast Line Railroad, thence in a southeasterly direction along said north right-of-way to George Street, or the southern extension thereof; thence in a northwesterly direction along George Street to the city limit line on Hampton Avenue; thence following the city limit line in a northwesterly direction along Hampton Avenue to Park Avenue; thence following the city limit line in a northeasterly direction along Park Avenue to the north lot line of said lot number 155, thence west along said north line to the northwest corner of said lot number 155 to the point or place of beginning. Said reduction in the corporate limits of said city amounting to two hundred (200) acres more or less. Excluded territory. Sec. 2. Be it further enacted by the authority aforesaid, That from and after twelve o'clock midnight December 31,
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1925, the jurisdiction, authority, ordinances, rules, and regulations of said City of Waycross shall not extend or apply to said territory described in section one above. 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 2, 1924. WILLACOOCHEE BOARD OF EDUCATION, ELECTION OF, ETC.; TAXATION TO PAY TEACHERS. No. 368. An Act to amend an Act entitled An Act to create a new charter for the Town of Willacoochee, in the County of Coffee originally, now in the County of Atkinson, approved August 15, 1904, and the Acts amendatory thereto, so as to provide for the time and manner of election of the members of the Board of Education of the said Town of Willacoochee, and to provide the mode and manner of filling all vacancies that may occur by death, resignation, or removal or otherwise on said Board of Education; also to amend the several Acts incorporating the Town of Willacoochee, now in Atkinson, especially Section 37 of Act approved August 15, 1904, so as to authorize and empower the mayor and council of said Town of Willacoochee on request of said Board of Education to levy and collect, in addition and supplemental of the annual tax now levied for school purposes, as provided in Section 37, an additional tax of one-half of one per cent., said additional tax, when so levied, to be used for the sole purpose of paying the salaries of teachers employed in the public schools in the Town of Willacoochee, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That there shall be a Board of Education for said
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town under the corporate name of the Willacoochee Board of Education with right to sue and be sued under said corporate name, and whose duty it shall be to establish, manage, control and maintain said public school. Said board shall consist of five members to be elected by the qualified voters of said Town of Willacoochee, said election shall be held annually on the second Saturday of December of each year, or as soon thereafter as is practicable, and the terms of members elected shall be for two years, and shall begin their term as members on the first day of June, following said election. The present members of the Board of Education shall hold office until their successors are elected and qualified under the terms of this Act. Board of Education: election, terms. All vacancies on the Board of Education caused by death, resignation or removal shall be filled by a majority of the members of said Board of Education. In the event the board fails to agree on filling a vacancy, then it shall be their duty to call a special election to fill said vacancy for the unexpired term only. Members of said board shall hold their office until their successors shall be elected and qualified. No person shall be eligible to membership on said board except such persons as would be eligible to the office of mayor or alderman of said town; that the aforesaid Board of Education shall have complete control over all school buildings and ground of said Town of Willacoochee, and shall have power to repair the properties of the same; to equip said buildings and grounds; to rent or lease, if necessary, any additional buildings or grounds, and any or all expenses incurred by the aforesaid Board of Education for repair, equipment, maintenance, and incidental expenses for maintenance of said school buildings and grounds, shall after the bills have been presented by the Board of Education be paid by the said town council, out of the general tax fund, and not out of the fund set aside for the payment of the teachers, and that the Board of Education shall make and furnish the town council an estimate of the cost of the school maintenance and an estimate of other expenses that they may have to incur on the properties before the annual assessment of taxes; and make, establish and post
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in a public place rules and regulations for the management of the school, at least ten days before the opening of the fall term each year. Vacancies. Eligibility. Powers. Estimate of expenses. Rules for school. Sec. 2. Be it further enacted, That Section 37 of the Act approved August 15, 1904, be amended by adding after the word collected in the last line of said Section 37, the following words: The Mayor and Council of the said Town of Willacoochee are authorized and empowered, on request of the Board of Education of the Town of Willacoochee, to levy and collect, in addition to, and supplemental of the annual tax now levied for school purposes, as provided for in Section 37, an additional tax of one-half of one per cent. upon all the taxable property in the Town of Willacoochee in the County of Atkinson, said additional tax of one-half of one per centum, when so levied and collected to be used by the Board of Education for the sole purpose of paying the salaries of teachers employed in the public schools of the Town of Willacoochee. Tax to pay teachers. 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 6, 1924.
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TITLE II. Private and School Corporations. ACTS. Academy of Social Circle; Tax Rate. Chatham Artillery; Officers of Corporation. Denton School District Incorporated. Rockmart School District Reduced; Powers of Trustees; Elections; Tax Assessments. Tennille School District; Repeal of Act Abolishing. Tennille School District; Election as to Abolishing. Union School District Incorporated. ACADEMY OF SOCIAL CIRCLE; TAX RATE. No. 298. An Act to amend an Act entitled an Act to amend Section 7 of an Act to incorporate the Academy of Social Circle; to provide for the election of a board of trusttes; to define powers and duties, providing for a system of public schools in said City of Social Circle, Walton County, Georgia; to empower the mayor and council of said city to assess, levy and collect a tax for the support and maintenance of said schools and repair and add to the school property; to require the pro rata share of said city in the State and county school fund to be turned over to said board of trustees, and for other purposes, approved July 31, 1918, said amendment empowering the Mayor and Council of the City of Social Circle to assess, levy and collect an ad valorem tax upon the taxable property of said city not to exceed six-tenths of one per centum upon the taxable property at the assessed value thereof, upon the same conditions and in the same manner and for the same purposes contained in said original Act approved August 22, 1905, and for other purposes.
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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section 7 of an Act entitled an Act to amend an Act entitled an Act to incorporate the Academy of Social Circle; to provide for the election of a board of trustees; to define their powers and duties, providing for a system of public schools in said City of Social Circle, Walton County, Georgia; to empower the mayor and council of said city to assess, levy and collect a tax for the support and maintenance of said schools and repair and add to the school property; to require the pro rata share of said city in the State and county school fund to be turned over to said board of trustees and for other purposes, approved July 31, 1918, be and the same is hereby amended by striking the words four-tenths in the said section and inserting in lieu thereof the words six-tenths, so that said section shall read as follows: Amendment. To read. Sec. 7. Be it further enacted, That on or before the first Monday in April each year said board of trustees shall submit to the mayor and council an estimate of the funds necessary to the operation of the schools for the next scholastic year, taking into consideration the State and county fund, whereupon it shall be the duty of said mayor and council to proceed to raise such fund by the assessment and levy of an annual ad valorem tax upon the taxable property of said city not to exceed six-tenths of one per centum upon the assessed value thereof and from funds that may be in said city treasury not otherwise appropriated. The treasurer of said city shall pay over to them the treasurer of said board of trustees all funds as raised or appropriated, who shall pay out the same only upon order of said board of trustees. Tax rate. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 28, 1924.
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CHATHAM ARTILLERY; OFFICERS OF CORPORATION. No. 334. An Act to alter and amend an Act to incorporate the Chatham Artillery of the City of Savannah, approved December 29, 1847, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the first three lines of Section 2 of an Act to incorporate the Chatham Artillery of the City of Savannah, approved December 29, 1847, reading, And be it further enacted by the authority aforesaid that the officers of said corporation shall be president and a secretary; that the commanding officer of the said corps shall be, by virtue of his office, the, be altered and amended to read, and be it further enacted by the authority aforesaid, That the officers of said corporation shall be a president, a secretary and a treasurer; that a member of the corporation shall be elected by the corporation, so that when so amended the said Section 2 will read: And be it further enacted by the authority of the aforesaid, That the officers of said corporation shall be a president, a secretary and a treasurer; that a member of the corporation shall be elected by the corporation president of the said corporation, and that all Acts performed by him in behalf of said corps, which he may lawfully perform as president of said corporation, shall be held good and valid in any court of law or equity in this State. Provided, that all contracts in writing shall, in addition to the signature of the president, be countersigned by the secretary of said corporation. Amendment. To read. Officers of corporation. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924.
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DENTON SCHOOL DISTRICT INCORPORATED. No. 291. An Act to incorporate the Denton School District, in Jeff Davis County, and define the boundaries of same; to establish a Board of Education therein; to confer on said Board of Education certain powers to regulate the management and control of schools in said district, and provide revenue for the same, and for other purposes. Section 1. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be established a corporate school district in and about the Town of Denton, in Jeff Davis County, to be known as the Denton School District, which district shall take in all the territory beginning at northwest corner of lot of land number 169 extending eastward along the north line of said lot to the northeast corner of said lot of land, thence northward along the west line of lot of land number 200 to Whitehead Creek, thence down said creek in an easterly direction to the northeast corner of lot of land number 210, thence southward along the east lines of lots of land numbers 210, 205, 164, 159, and 118 to the county line at the southeast corner of lot of land number 118, thence westward along the county line to the southwest corner of lot of land number 123, thence northward along the west lines of lots of land numbers 123, 154, 169 to the northwest corner of lot of land number 169. Territory included in district. Sec. 2. Be it further enacted, That the management and control of all schools in said district shall be vested in a board known as the Board of Education of the Denton School District composed of five persons, two of said board to reside within the corporate limits of the Town of Denton, the other three of said board shall reside outside the corporate limits of the Town of Denton and be so located that they will be thoroughly familiar with their respective parts of the district. All members of said board shall be of good character and favor education, and which board by that name and style shall have perpetual succession, have and use a common seal,
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have a right to sue and be sued and shall have a right to purchase, receive and hold to them and their successors in office, for school purposes, any estate, real or personal, and of every kind and character. Board of Education. Sec. 3. Be it further enacted, That the Board of Education of the Denton School District, shall be elected every two years, said election to be held at the school-house in Denton, Jeff Davis County, Georgia, on the fourth Saturday in September, 1924, and every two years thereafter. The five persons who shall be elected shall serve a term of two years and until their successors are elected and qualified. Said election shall be held under the same rules and regulations and by the same voters, requiring the same qualifications of said voters, as are now required in State and county elections. Election of Board. Sec. 4. Be it further enacted, That the said board shall organize by electing a president and vice-president from their own number. No member of said board shall receive compensation for his services. President and vice-president. Sec. 5. Be it further enacted, That said Board of Education shall have power to elect a secretary and treasurer which may or may not be a member of said board to define his duties, and pay him such salary for his services as in their discretion would be just. It shall be the duty of the secretary and treasurer not only to keep an accurate record of the minutes of all actions and doings of the Board of Education, but to receive all funds from the County Superintendent of Education of Jeff Davis County, Georgia, and to pay same out on proper order from the Board of Education of the Denton School District; to keep an accurate list of the registered voters living within the Denton School District; and to keep same on file in the office of the Board of Education. It shall also be the duty of the secretary and treasurer to take an accurate inventory of all the real, personal and mixed property located within the Denton School District and make a permanent record of same, which shall be ascertained from the tax collector's digest after the same has been made up for the tax collector each year. Said secretary and treasurer shall also, under the
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direction of the Board of Education, take an accurate census of all white and colored children of school age, living within the boundaries of said district, which census shall be kept on file in the office of the Board of Education. Said Board of Education shall require said secretary and treasurer to give a bond of not less than one thousand dollars, ($1,000.00), to fully and faithfully account for all funds placed in his hands. Secretary and treasurer; duties. School census. Bond. Sec. 6. Be it further enacted, That said Board of Education shall have power to design and adopt a system of public schools for said Denton School District; to elect a superintendent; to employ teachers for the same; to suspend or remove the superintendent or teachers; to fix their compensation; to provide school-houses by rent, purchase, building or otherwise; to make and hold title to such property, to receive gifts and bequests and to hold same for the benefit of said school or schools; and to make such rules for the government of themselves and said schools as they may deem proper, and not in conflict with the laws of this State; and to do any and all things promotive of the best educational interests of said school district, not in conflict with this Act or the laws of this State. Powers of Board. Sec. 7. Be it further enacted, That there shall be established and maintained for such time each year as said Board of Education may prescribe, under the provisions of this Act, one or more schools for white children, and one or more schools for colored children, within said school district. No white children shall be admitted to the school established for colored children and no colored children shall be admitted to the school established for white children. All children entitled to the benefits of public schools under the laws of this State and whose parents, guardians or natural protectors bona fide reside within the limits of said districts shall be admitted to said schools. Children of non-residents and such others as may not be entitled to these schools may be admitted upon such terms as may be prescribed by said Board of Education, not in conflict with the laws of this State. Schools. Pupils. Sec. 8. Be it further enacted, That it shall be the duty of the Board of Education of Jeff Davis County or the county
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superintendent to turn over, at least semi-annually, to the Board of Education of the Denton School District, the amount of the public school fund to which the children of school age within said district shall be entitled. The amount turned over shall be in the same proportion to the entire school fund of Jeff Davis County that the number of pupils entitled to said school fund residing within the limits of Denton School District shall bear to the entire number of pupils residing in all of Jeff Davis County, entitled to said school fund. This proportion shall be ascertained by a census taken each two years by the Board of Education of the Denton School District and compared with the last census taken by the Board of Education of Jeff Davis County, as provided by law. It shall further be the duty of the Board of Education of Jeff Davis County to turn over to the Board of Education of the Denton School District the amount of taxes collected by the Tax Collector of Jeff Davis County, for local school purposes, that are due or paid upon the property within the limits of the Denton School District, said property to be located and ascertained as before provided for in this Act. School fund. Sec. 9. Be it further enacted, That the Board of Education of Jeff Davis County shall not establish any other school or contract with any other person, to teach a school of any character in said district, and all property now used by the Board of Education of Jeff Davis County for school purposes in said district shall be turned over to the Board of Education of the Denton School District, and the complete control of such property shall be vested in said Board of Education of Denton School District. Property vested in Board. Sec. 10. Be it further enacted, That all laws and parts of laws in conflict with the foregoing provisions be and the same are hereby repealed. Approved July 25, 1924.
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ROCKMART SCHOOL DISTRICT REDUCED; POWERS OF TRUSTEES; ELECTIONS; TAX ASSESSMENTS. No. 286. An Act to amend an Act incorporating the Rockmart School District in Polk County, Georgia, approved August 4, 1923, so as to exclude from said district land lots Nos. 505, 506, 507, 508, 509, 510, 511, in the 18th District and 3rd Section of Polk County, Georgia; and to authorize the trustees of said School District to charge tuition in the high school; and to require pupils entering said school to be vaccinated; and pass such rules as may be necessary for the protection of the school against contagious diseases; and to give the trustees authority to elect a superintendent and teachers prior to the first Tuesday in June; and to provide for a method of appeal from the tax assessing board, and to regulate the method of providing for incidental expenses, such as chalk, erasers, fuel, etc., and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act incorporating the Rockmart School District, approved August 8, 1923, and recorded in Acts of 1923, page 868 to page 875, inclusive, be and the same is hereby amended in the following particulars: Ga. L. 1923, p. 868; amendments. Sec. 2 of said Act is hereby amended by adding after the figures 703 in the seventh line of said section, the words thence north to the northwest corner of land lot No. 576 in the 18th District and 3rd Section, and by striking the figures 511 in line eight of said section, and substituting therefor 570, and by striking from said section, 505, 506, 507, 508, 509, 510, 511, in lines thirty-one and thirty-two of said section. Excluded land lots. Sec. 2. Be it further enacted by the authority aforesaid, That the last sentence in Section 5 of said Act be and the same is hereby stricken from said Act, the words stricken being, the yearly election of superintendents and teachers shall not be held until after the regular yearly election of trustees. Time of election.
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Sec. 3. Be it further enacted by the authority aforesaid, That the board of trustees be and it is hereby authorized and empowered to make such regulations as in its judgment shall seem requisite to insure the vaccination of pupils in said school, and may require all scholars or pupils to be vaccinated as a prerequisite to admission into said school, and to adopt such rules and regulations as it may deem proper to prevent the spread of any contagious or infectious disease. Vaccination, etc. Sec. 4. Be it further enacted by the authority aforesaid, That said board of trustees for said School District be and it is hereby authorized to fix such charges of tuition, rules and regulations as it deems just and proper for pupils taking studies or courses not included in the elementary branches of an English education required to be taught free in the public schools of the State. Tuition. Sec. 5. Be it further enacted by the authority aforesaid, That any party dissatisfied with any tax assessment made under Section 11 of said School Act, shall have the right within ten days after notice of such assessment, to appeal in writing to the Board of Trustees from the assessment made by the tax assessors. If the Board of Trustees of said school district should assess the tax under said section, then in that event, the parties being dissatisfied with their assessment, shall have the right to appeal to a board, consisting of the Mayor of the City of Rockmart, the Justice of the Peace and Notary Public of the Rockmart Militia District, to-wit: 1072nd. Either of said boards shall hear evidence as to the market value of the property in dispute, and shall assess the property at its correct value. Appeal from tax assessment. Sec. 6. Be it further enacted by the authority aforesaid, That said Board of Trustees for said School District have the full right and authority to require all pupils to furnish their own chalk, erasers, pens, and all other incidentals. However, it may fix an amount to be paid monthly, semi-annually, or annually, to cover all incidental expenses, which the pupils may pay, and furnish all incidentals necessary for said pupils who do pay the incidental fees so fixed. Incidental expenses of pupils.
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Sec. 7. Be it further enacted by the authority aforesaid, That the Board of Trustees of said School District be and it is hereby authorized to pay the expenses of the election of trustees, including the expense of printing the tickets. Election expenses. No person shall be qualified to hold office of trustee who fails to announce in writing his candidacy for the office of trustee at least ten days prior to the election, publishing his announcement in the newspaper printed in Rockmart, or filing it with the Clerk of the Board of Trustees shall be sufficient. Announcement of candidacy for office of trustee. Sec. 8. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved July 23, 1924. TENNILLE SCHOOL DISTRICT, REPEAL OF ACT ABOLISHING. No. 344. An Act to repeal an Act approved August 15, 1921, entitled An Act to abolish the Tennille School District in the City of Tennille, County of Washington, State of Georgia, to provide when said abolishing Act shall become effective, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act entitled: An Act to abolish the Tennille School District, in the City of Tennille, County of Washington, State of Georgia, to provide when said abolishing Act shall become effective, and for other purposes, approved August 5, 1921, be and the same is hereby repealed. Repeal of act abolishng district. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1924.
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TENNILLE SCHOOL DISTRICT, ELECTION AS TO ABOLISHING. No. 363. An Act to repeal the Act incorporating and establishing the Tennille School District, in the City of Tennille, County of Washington, State of Georgia, approved August, 5, 1910; to provide for the ratification of said repealing Act by the qualified voters of said district; to provide when and how said repealing Act shall become effective, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act to incorporate the Tennille School District in the City of Tennille, County of Washington, and State of Georgia; to define the boundaries of the same; to regulate the management of the schools therein; to provide 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 Tennille to repeal the Act incorporating and establishing the Tennille School District, approved November 19, 1902, and for other purposes, approved August 5, 1910, be and the same is hereby repealed. Act repealed. Sec. 2. Be it further enacted by the authority aforesaid that this Act shall not go into effect, nor shall the said Tennille School District in the City of Tennille, County of Washington, State of Georgia, be abolished until this Act shall have been submitted for ratification to the qualified voters of the said City of Tennille, and approved by a majority of the qualified voters of said city, voting in a special election to be held in said city at such time as the mayor and council of said city upon the recommendation of the Board of Education of the City of Tennille, shall call and order. Said election shall be held and governed under the same rules and regulations as special elections are held in the said city for filling vacancies for municipal offices, including notice and registration of voters. At said election the question submitted to the qualified voters
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shall be For abolishing Tennille School District and Against abolishing Tennille School District. The mayor and council of said city shall prepare and furnish the tickets to be voted at said election and the managers of said election shall report the result thereof to the mayor and council of said city who shall consolidate said return and enter said return and consolidation upon the minutes of the city council and declare the results of said election. In the event a majority of the qualified voters of said city voting in said election vote in favor of abolishing said Tennille School District, then said Act shall become effective as soon as the returns of said election are consolidated and the results declared by the mayor and council of said city. Election. Sec. 3. Be it further enacted by the authority aforesaid That all laws and parts of laws that conflict with this Act be and the same are hereby repealed. Approved August 6, 1924. UNION SCHOOL DISTRICT INCORPORATED. No. 451. An Act to incorporate the Union School District, in Wheeler County; to define its boundaries; to regulate the boundaries; to regulate the management of schools in said district; to establish a board of trustees therein; to provide for the election of their successors, define their powers and duties; to provide for 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 Union School District in Wheeler County be and the same is hereby incorporated as the Union 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,
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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 sueing and being sued, in any of the courts of 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. District incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall be as follows: Beginning at the west corner of lot of land No. 236 in the 10th Land District of Wheeler County, Georgia, where the said corner touches Gum Swamp and running the land line of said lot in a northerly direction, following the land lines of said land lot No. 236 and on the land lines of the following lots of land, to-wit: Nos. 245, 266, 275, 296 and stopping at the north corner of lot of land Number 296 and running due west from there on the land lot line of lot of land Number 304 on to the west corner of said lot and thence on to the north corner of said lot No. 304 and on to the north corner of lot of land No. 327 and thence running east to the land lot lines of the lots of land Nos. 327, 326, 325 and 324 and running the said land lot line about 2-3 of the distance of said land lot line and stopping at the point where the present Union School District stops on said lot of land and thence down the land lot line between the lots of land Nos. 324 and 307 and passing on down the same distance on the said land lot lines of the following land lines, running a straight line by and on the land lot line of land lots Nos. 308, 309, 310, 311, 312 and 313 and stopping at the eastern corner of said lot of land No. 313, and thence down the land line of said lot of land No. 313 the entire southeastern line of said lot of land and running the land line entirely around said lot of land, except stopping at the western corner of said lot of land and then turning due south along the
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land line of lot of land No. 289 and thence following the present Union School distance on by and thru lots Nos. 282 and 260 and running to the eastern corner of lot of land No. 251 and thence running due south along the land lines of lots of land Nos. 251 and 230 on to Gum Swamp and thence up Gum Swamp following the line of Wheeler County on to the starting point so that said school district shall take in and include in the said school district the following lots of land, to-wit: Lot Nos. 304, 327, 236, 245, 266, 275, 296, 305, 326, 235, 246, 265, 276, 295, 306, 325, 234, 247, 264, 277, 294, 307, about 2-3 of lot of land No. 324, 218, 233, 248, 263, 278, 293, 308, 219, 232, 249, 262, 279, 292, 309, 220, 231, 250, 261, 280, 291, 310, 221, 230, 260, 281, 290, 311, about one-half of lot of land No. 259, all of 282, 289, 312 and 313, and all lots contained within the above and foregoing boundaries. It being the purpose of the said incorporation to include and compose the entire present Union School District and as now laid out and marked out for said school district, so that the Union School District shall include all of the present Union School District and all the property therein set out and marked out, and that the said district be known and styled as aforesaid. Territory included. Sec. 3. Be it 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 persons residing in said district, to carry into effect the provisions of this Act, and hereafter, when a vacancy occurs, whether by death or otherwise, 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 said school in said district and prescribe their duties and to remove them from office for good cause, in their discretion; to employ, suspend or remove
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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 power to purchase property when the purchase price exceeds $200.00, 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 20 days prior to the holding of the 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 of said election on the correctness of said returns in the same manner as 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. Powers of board. Election to authorize purchase or sale. Sec. 5. Be it further enacted by the authority aforesaid, That J. T. Clark, R. R. Harrelson, R. G. Jackson, L. E. Avant and J: O. Hinson 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 4th Tuesday in June, 1925, and thereafter on the 1st Tuesday in June, at intervals of one year, and those entitled to vote for members of the General Assembly 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 4th Tuesday in June, 1925, five 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
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office till June 3, 1928; the three candidates receiving the next highest number of votes shall hold office till June 3, 1927. Beginning with the election on the 4th Tuesday in June, 1925, the terms of office shall be three years. The yearly election of superintendents and teachers shall not be held until after the regular elections of trustees. After the said board has held their said offices for the said terms to which they have been elected there shall be elections held each year for one trustee so that the said board will always have old and experienced members on the same, there being an election each year for one trustee to fill the said place which terminates each year thereafter. Trustees named. Election of successors. 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 and treasurer, shall receive compensation for their services. President, vice-president, Secretary and Treasurer. The secretary and treasurer may be one and the same person, and may not be a member of said board. The treasurer shall give a good and sufficient bond to be approved by said board. 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. Reports 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 to the Treasurer of the Board of Trustees of the Union 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 said State School Superintendent is hereby required to pay over to the treasurer the proper proportion of said funds to which
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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 the Treasurer of the Union School District the pro rata share of the school funds of Wheeler 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. School fund. 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 tax-payers 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 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. Reports. 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 20 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 in accordance with the terms and provisions of existing laws. School terms. Tax. Sec. 11. Be it further enacted by the authority aforesaid, That it be 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
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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 4th Tuesday in August, 1925, or as soon thereafter as practicable. Assessment. 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 tax-payer or tax-payers, and the same may be levied by an 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. fa. shall be a superior lien on all property of the delinquent tax-payer, except for State and county taxes. Execution, levy and sale. 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. Sec. 14. Be it further enacted by the authority aforesaid, That the said board of trustees shall have the right to levy as much for school purposes in said district as ten mills, or so much thereof as may be necessary to successfully carry on the said school or schools in said district. Tax limit. Sec. 15. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1924.
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PART IV.RESOLUTIONS
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Resolutions. Amendment to Constitution; Consolidation of City and County Governments. Amendment to Constitution; Consolidation of Offices of Tax Receiver and Tax Collector. Appropriation for Salary of Judge of Griffin Circuit. Appropriation for Salary of Judge of Piedmont Circuit. Appropriation for Salary of New Judge of Fulton Superior Court. Appropriation for Salary of Solicitor-General of Griffin Circuit. Appropriation for State Industrial College for Colored Youth. Appropriation for State Service Bureau. Appropriation for Training School for Mental Defectives. Appropriations for Public Schools, etc. Books Burned, Replacement of, from State Library. Child Labor, etc., Rejection of Amendment to Federal Constitution as to. Constitution, New Edition of, approved. Floyd County Treasurer; Increase of Pay for 1923. Freight Rates on Farm Products, Reduction of, urged. Freight Rates on Fruit, etc., Revision of, urged. Governor's Residence, Committee on Purchase of. National Park in Mountains, Creation of, urged. Relief of David J. Ellis and his sureties on bond. Relief of J. F. Hill and J. B. Robinson as sureties. Relief of J. J. Thompson as surety. Relief of J. Q. Davis as surety. Relief of J. Q. Davis as surety. Relief of J. Q. Davis as surety. Relief of M. C. Dominy, Tax Collector, from penalty. Soldiers' Home Investigating Committee. Tax on Merchandise Brokers, etc., Direction to Quit Collecting. Unfinished Business of Assembly; Persons authorized to remain after Adjournment. Vocational Rehabilitation of Disabled Persons. AMENDMENT TO CONSTITUTION; CONSOLIDATION OF CITY AND COUNTY GOVERNMENTS. No. 50. A RESOLUTION By the General Assembly of Georgia, proposing to the people of Georgia an amendment to the Constitution of this State adding a new paragraph to be known as Paragraph
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2-a of Section 1 of Article 11, authorizing the consolidation of city and county governments in counties having therein a city with a population of 52,900 or over. Be it resolved by the General Assembly of Georgia, That the General Assembly of Georgia hereby proposes to the people of Georgia for their ratification or rejection an amendment to the Constitution of this State by adding a new paragraph to be known as Paragraph 2-a of Section 1 of Article 11 of the Constitution of this State, which said Paragraph 2-a shall read as follows, to-wit: The General Assembly shall have the power to consolidate and combine all governmental functions and powers now vested in and exercised by cities and municipalities having a population of more than 52,900 according to the Federal Census of 1920, with the governmental functions and powers now vested in and exercised by the authorities of the county in which such cities or municipalities are situated; to create, designate, and give a name to political subdivisions composed of the entire area of such counties; to vest in and confer upon such subdivisions such authority and power as may be conferred upon municipalities or counties or both, under existing laws; to abolish any and all offices now existing under the charters of any such municipalities and also to abolish the offices of tax collector and tax receiver in any such counties; to create new offices, for purpose of exercising and carrying out the powers to be vested in such political subdivisions, and powers and duties formerly appertaining to such offices so abolished and the powers and duties formerly exercised by such counties and such municipalities, all without regard to the uniformity of the powers, duties and compensation appertaining to the offices so created, in other municipalities, other counties, or other political subdivisions hereby authorized; to divide such political subdivisions into districts; to fix a maximum rate of ad-valorem taxation to be levied by authority of such political subdivisions, within the various districts, without regard to the uniformity of the rate; also to consolidate and combine any and all school systems and school districts now existing in any such cities or municipalities
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and counties into one system covering the entire area of the county to be governed and controlled under the provisions of the Act creating the political subdivision hereby authorized, regardless of the method of control of schools or school systems in other counties or municipalities. Consolidation of city and county government where population of city exceeds 52,900. Name, powers, offices. Uniformity with other subdivisions, as to powers, etc., not required. Taxation. School systems. The powers herein granted shall not be extended to cities, municipalities, or towns, and cities and towns, and municipalities, the corporate limits of which are included within more than one county; nor shall said powers herein granted be extended to the counties in which said cities, or towns, or municipalities, and cities and towns and municipalities are located. Not applicable to cities included in more than one county. The General Assembly, in exercising the powers herein conferred, may include in the Act or law any one or more of the powers or provisions herein enumerated, and may exclude therefrom any one or more of the powers or provisions herein enumerated. Act consolidating may include part of powers, etc., here enumerated, and not others. This provision of the Constitution shall not be construed to empower the General Assembly to create new counties, nor to affect or change the representation of any county in the General Assembly. Nor shall it be construed to authorize the General Assembly to abolish the offices of Clerk of the Superior Court, Ordinary, Sheriff or Coroner in any of the counties affected by this Act, said office being expressly hereby preserved. Creation of new counties or change of representatives not authorized. Offices preserved. The General Assembly shall not change or abolish any county nor the name thereof which may be affected hereby; and in naming the consolidated subdivisions in each case the names of the municipality or municipalities and of the county shall be combined so as to preserve them. Names of city and county to be combined. The General Assembly shall create such political subdivisions by special act or law relating to a particular subdivision, but no such act or law shall have any force or effect until the same shall have been ratified by a vote of a majority of the qualified voters, voting at a special election in such county, to be held not earlier than sixty days after the final passage and approval by the Governor of any such act; Provided,
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however, that the people within the corporate limits of municipalities affected and the people of the county affected outside of the corporate limits shall vote separately; and before the Act shall go in effect a majority of those voting in the municipalities separately, if more than one municipality is affected, and a majority of those voting outside of said municipality or municipalities shall vote in favor of said Act. Consolidating act not effective until ratified at special election. Separate elections in city and in other parts of county. Be it further resolved, That whenever this proposed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each of the Houses of the General Assembly and the same has been entered upon their journals with the yeas and nays taken thereon, the Governor shall and he is hereby authorized and instructed to cause the above proposed amendment to be published in one or more newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general election, and the Governor is hereby authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of this State at the next general election to be held after said publication, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting said proposed amendment shall have written or printed on their ballot the words, For amendment to Section 1 of Article 11 of Constitution providing for consolidation of city and county governments in counties having therein a city with a population of 52,900 or over. All persons voting at such election against the adoption of said amendment shall have written or printed on their ballots the words, Against amendment to Paragraph 1 of Section 1 of Article 11 of Constitution providing for consolidation of city and county governments in counties having therein a city with a population of 52,900 or over. If a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification, the Governor shall, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in case of election
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for members of the General Assembly to count and ascertain the result, issue his proclamation for one insertion in one daily newspaper of the State, announcing such result and declaring the amendment ratified. Publication of proposed amendment, etc. Form of ballot. Proclamation. Approved August 18, 1924. AMENDMENT TO CONSTITUTION; CONSOLIDATION OF OFFICES OF TAX RECEIVER AND TAX COLLECTOR. No. 54. A RESOLUTION Proposing to the people of Georgia an amendment to Paragraph 1, Section 3, Article 11, of the Constitution of the State of Georgia, so as to authorize the General Assembly to consolidate the offices of Tax Receiver and Tax Collector in the several counties and to fix, without regard to uniformity in the various counties, the compensation of the officer performing the duties of said offices when so consolidated, and for other purposes. Be it resolved by the Senate, the House of Representatives concurring, that the following amendment to the Constitution of the State of Georgia be, and the same is hereby, proposed to the people of Georgia, to-wit: Amend Paragraph 1, Section 3, Article 11, by adding at the end of said paragraph the following: And the General Assembly shall also have authority to consolidate the offices and duties of Tax Receiver and Tax Collector in any or all of the counties of the State, the official performing the duties of said two offices, when so consolidated, to be known as County Tax Commissioner, and the General Assembly may prescribe the compensation of such County Tax Commissioner or authorize county authorities to fix the same, which compensation may be on the basis of fees or salary and
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may be fixed without regard to uniformity in the various counties, and when such compensation is fixed on a salary basis the authority fixing the same shall determine what disposition shall be made of the fees and commissions accruing to each of said offices so consolidated and to provide for the levy and collection of a tax sufficient to pay the salary so fixed. Consolidation of offices, under title of County Tax Commissioner. Compensation. Uniformity with other counties not required as to pay of commissioner. So that said Paragraph, when so amended, shall be as follows: Paragraph 1. Whatever tribunal, or officers, may hereafter be created by the General Assembly for the transaction of county matters shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for the appointment of Commissioners of roads and revenues in any county, and may abolish the office of County Treasurer in any county, or fix the compensation of county treasurers, and such compensation may be fixed without regard to uniformity of such compensation in the various counties. And the General Assembly shall also have authority to consolidate the offices and duties of Tax Receiver and Tax Collector in any or all of the counties of the State, the official performing the duties of said two offices, when so consolidated, to be known as County Tax Commissioner, and the General Assembly may prescribe the compensation of such County Tax Commissioner or authorize county authorities to fix the same, which compensation may be on the basis of fees or salary and may be fixed without regard to uniformity in the various counties, and when such compensation is fixed on a salary basis the authority fixing the same shall determine what disposition shall be made of the fees and commissions accruing to each of said offices so consolidated and provide for the levy and collection of a tax sufficient to pay the salary so fixed. Be it further resolved, that if the foregoing proposed amendment shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly of Georgia, such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and the Governor shall cause such amendment to be published in at least two newspapers
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in each Congressional district of the State for two months previous to the time of holding the next general election, and the Governor shall also provide for the submission of such proposed amendment to the people at the said next general election. All persons voting in said election in favor of said proposed amendment shall have written or printed on their ballots the words, For the amendment to the Constitution authorizing the General Assembly to consolidate the offices of Tax Receiver and Tax Collector and fix their compensation, and all persons voting in said election against said proposed amendment shall have written or printed on their ballots the words, Against the amendment to the Constitution authorizing the General Assembly to consolidate the offices of Tax Receiver and Tax Collector and fix their compensation. The returns of said election shall be made to the Secretary of State, who shall certify the result thereof to the Governor, and if the people shall ratify said proposed amendment by a majority of the electors qualified to vote for members of the General Assembly, voting thereon, the same shall become a part of the Constituion, and the Governor shall issue a proclamation to that effect. Form of ballot. Proclamation. Approved August 18, 1924. APPROPRIATION FOR SALARY OF JUDGE OF GRIFFIN CIRCUIT. No. 36. A RESOLUTION. Appropriating the sum of $1,868.28 to pay the salary of the Judge of the Superior Court of the Griffin Circuit from August 17, 1923, to December 31, 1923. Whereas, The Griffin Judicial Circuit was created by an Act of the General Assembly of Georgia, approved August 17, 1923, and a judge of said court appointed pursuant to said Act; and Preamble.
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Whereas no appropriation was made by the General Assembly of Georgia, and none was available, to pay the salary of said judge from August 17, 1923, to December 31, 1923, and said judge has received no compensation for his services rendered during said period, Therefore be it resolved by the General Assembly of the State of Georgia, that the sum of $1,868.28 be and the same is hereby appropriated, out of any funds in the treasury not otherwise appropriated, to pay the salary due said judge for his services from August 17, 1923, to December 31, 1923. Salary appropriated. Approved August 9, 1924. APPROPRIATION FOR SALARY OF JUDGE OF PIEDMONT CIRCUIT. No. 34. A RESOLUTION. Appropriating the sum of $1,895.16 to pay the salary of the Judge of the Superior Court of the Piedmont Circuit from August 15, 1923, to December 31, 1923. Whereas, The Piedmont Judicial Circuit was created by an Act of the General Assembly of Georgia, approved August 8, 1923, and a judge of said court appointed pursuant to said Act; and Preamble. Whereas no appropriation was made by the General Assembly of Georgia, and none was available, to pay the salary of said judge from August 15, 1923, to December 31, 1923, and said judge has received no compensation for his services rendered during said period; Therefore be it resolved by the General Assembly of the State of Georgia, that the sum of $1,895.16 be and the same is hereby appropriated, out of any funds in the treasury not otherwise appropriated, to pay the salary due said judge for his services from August 15, 1923, to December 31, 1923. Salary appropriated. Approved August 8, 1924.
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APPROPRIATION FOR SALARY OF NEW JUDGE OF FULTON SUPERIOR COURT. No. 37. A RESOLUTION. Appropriating the sum of $1,854.84 to pay the salary of one of the Judges of the Superior Court of Fulton County from August 17, 1923, to December 31, 1923. Whereas an additional Superior Court Judgeship was created for Fulton County by an Act of the General Assembly of Georgia approved August 17, 1923, and a judge of said court appointed pursuant to said Act; and Preamble. Whereas no appropriation was made by the General Assembly of Georgia, and none was available to pay the salary of said judge from August 17, 1923, to December 31, 1923, and said judge has received no compensation for his services rendered during said period, Therefore be it resolved by the General Assembly of the State of Georgia, that the sum of $1,854.84 be and the same is hereby appropriated, out of any funds in the treasury not otherwise appropriated, to pay the salary due said judge for his services from August 17, 1923, to December 31, 1923. Salary appropriated. Approved August 11, 1924. APPROPRIATION FOR SALARY OF SOLICITOR-GENERAL OF GRIFFIN CIRCUIT. No. 38. A RESOLUTION. Appropriating the sum of $93.93 to pay the salary of the Solicitor-General of the Superior Court of the Griffin Circuit from August 17, 1923, to December 31, 1923. Whereas the Griffin Judicial Circuit was created by an Act of the General Assembly of Georgia approved August
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17, 1923, and a Solicitor-General of said court appointed pursuant to said Act; and Preamble. Whereas no appropriation was made by the General Assembly of Georgia, and none was available to pay the salary of said Solicitor-General from August 17, 1923, to December 31, 1923, and said Solicitor-General has received no compensation for his services rendered during said period, Therefore be it resolved by the General Assembly of the State of Georgia, that the sum of $93.93 be and the same is hereby appropriated, out of any funds in the treasury not otherwise appropriated, to pay the salary due said Solicitor-General for his services from August 17, 1923, to December 31, 1923. Salary appropriated. Approved August 1, 1924. APPROPRIATION FOR STATE INDUSTRIAL COLLEGE FOR COLORED YOUTH. No. 43. A RESOLUTION. Whereas the main school building of the Georgia State Industrial College for colored youth at Savannah has been totally destroyed by fire; and Preamble. Whereas, under the Morrill (U. S.) Act and the amendments thereto, the sum of fifty thousand dollars ($50,000.00) per annum is received by this State for industrial education; and Whereas the replacement of the building is essential to the continuation of the appropriation, Be it therefore resolved by the House of Representatives, the Senate concurring, that the sum of $25,000.00 be and is hereby appropriated, the same to be paid to the trustees of said college, upon warrant of the Governor, out of any fund not otherwise appropriated. Appropriation, $25,000. Approved August 13, 1924.
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APPROPRIATION FOR STATE SERVICE BUREAU. No. 53. A RESOLUTION. Whereas the appropriation made for the State Service Bureau was only made for the year 1924, and no provision was made for paying salaries, expenses, and for the maintenance of said Service Bureau for 1925, therefore be it Preamble. Resolved by the House of Representatives, the Senate concurring, that the sum of $5,000.00, or so much thereof as may be necessary, be and the same is hereby appropriated to pay the salary of the director, the expenses and maintenance of said Bureau. Appropriation, $5,000. Approved August 18, 1924. APPROPRIATION FOR TRAINING SCHOOL FOR MENTAL DEFECTIVES. No. 52. A RESOLUTION. Be it resolved by the General Assembly of Georgia that the sum of $1,911.54 be and the same is hereby appropriated to the State Board of Health for the use of the Georgia Training School for mental defectives, for the following purposes: $825.00 to pay interest on a $16,000.00 loan due the Citizens and Southern Bank of Augusta, Ga.; $1,086.54 to pay loss and damage by fire not covered by insurance. Appropriation to pay interest on loan, and loss by fire. Approved August 18, 1924.
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APPROPRIATIONS FOR PUBLIC SCHOOLS; NATIONAL FOREST FUNDS FOR SCHOOLS AND ROADS. No. 55. A RESOLUTION To appropriate a sum of $250,000.00 for the support and maintenance of common schools for the year 1924, and to authorize and direct the State Treasurer to pay to the Counties of Rabun, Habersham, Fannin, Gilmer, Lumpkin, Union, and such other counties as may hereafter become entitled, certain funds due same, or hereafter to become due them, paid or hereafter to be paid into the Treasury of this State by the Secretary of the Treasury of the United States of America, arising from the sale of products, privileges, easements or otherwise of or from the public lands of the Nantahala and Cherokee National Forests in which said counties or parts thereof lie, as provided by the Acts of Congress of May 23, 1908 (c. 192, 35 Stat. 260), and March 1, 1911 (36 Stat. 961 et seq.), and amendments thereto of June 30, 1914 (c. 131, 38 Stat. 441); one-half of said funds allotted to the said several counties to be paid to the County School Superintendent of the county, to be used for the benefit of the public schools, and one-half of said funds allotted to said several counties to be paid to the ordinary of the county named, to be used for the benefit of the public roads thereof, and for other purposes. Section 1. Be it resolved by the General Assembly of Georgia, That $250,000.00 be and the same is hereby appropriated, in addition to the sum of $4,250,000.00 appropriated by the General Assembly in 1923, for the support and maintenance of the common or public schools of the State for the year 1924. Public schools appropriation of $250,000, to supplement other appropriation for 1924. Sec. 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that Section 65 of the Act known as an Act to codify the school laws of the State of Georgia, approved August 19, 1919, be amended as follows: by striking from line 21 of said Section 65 $1,000.00, and inserting in lieu thereof the figures $1,600.00. * * * Ga. L. 1919, p. Sec. 65 (salary of Auditor' amended. *** As to omitted Section, See Note, p. 826.
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Sec. 4. And whereas the Congress of the United States of America did, on March 1, 1911 (36 Stat., 961 et seq.), enact what is known as the Weeks Forestry Law, which provides for the purchase of certain lands by the Secretary of Agriculture of the United States of America for the United States for the purposes therein named; and Preamble. Whereas, by the provisions of said last named Act the said Secretary of Agriculture has purchased for the United States of America a large area of land in said named counties in this State, and, together with territory of like character in other states immediately adjoining said counties, has formed, designated and laid out two National Forests, to-wit: Nantahala National Forest, in which the counties of Rabun and Habersham partly lie, and the Cherokee National Forest, in which the counties of Fannin, Gilmer, Lumpkin, and Union partly lie; and Whereas said Congress provides by said Act of May 23, 1908, and said Act of March 1, 1911, and said amendment thereto of June 30, 1914, that twenty-five per centum of all money received from each National Forest in which the lands acquired under this Act may from time to time be divided shall be paid by the Secretary of the Treasury to the State or territory in which said reserve is situated, to be expended as the State or Territorial Legislature may prescribe for the benefit of the public schools and the public roads of the county or counties in which the forest reserve is situated: provided, That when any forest reserve is in more than one State or Territory or county the distributed share to each from the proceeds of said reserve shall be proportional to its area therein; and Whereas, under the provisions of said named Acts of Congress, there has been paid into the Treasury of this State by the Secretary of the Treasury of the United States the sum of eight thousand, four hundred, thirty-four dollars and sixteen cents ($8,434.16), arising from the sale of products, privileges, easements and otherwise of the National Forests hereinabove named, and allotment or disbursement of same, based upon the areas of said National Forests, to the counties
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named hereinabove, as furnished the Treasurer of this State by the United States Department of Agriculture, Forest Service, Washington, D. C., is as follows, to-wit: Rabun, twenty-eight hundred, thirty-five dollars and eighty-five cents ($2,835.85); Habersham, ninety-eight dollars and fifty-six cents ($98.56); Fannin, three thousand, one hundred, four dollars and eighty-five cents, ($3,104.85); Gilmer, five dollars and sixty cents ($5.60); Lumpkin, two hundred, twenty-six dollars and fourteen cents ($226.14); Union, two thousand, one hundred, sixty-three dollars and sixteen cents ($2,163.16); fifty per centum of said named sum due each of said counties named to be paid same to be used for the benefit of public schools, and fifty per centum to be used for the benefit of public roads therein; and Preamble continued. Whereas, under and by the provision of said named Acts of Congress, and arising from the operation of the same, additional areas in said named or other counties of this State may, or are likely to be, purchased by the said Secretary of Agriculture for the purposes named therein and hereafter become a part or parts of the ares of said named National Forests or other National Forests or forests designated by said Secretary of Agriculture, from which other moneys may arise and be paid into the Treasury of this State by said Secretary of the Treasury of the United States as provided by said Acts of Congress hereinabove named, and to be disbursed to the several counties under the provisions of said named Acts; therefore, Subsection 1. Be it further resolved by the authority aforesaid, That there is hereby appropriated to the following counties of this State the funds or moneys now in the Treasury of this State, designated and named hereinabove, and due said counties under the provisions of said several named Acts of Congress, paid into the Treasury of this State by the Secretary of the Treasury of the United States, and allotted by the Secretary of Agriculture as hereinabove referred to, to-wit: Rabun, twenty-eight hundred, thirty-five dollars and eighty-five cents ($2,835.85); Habersham, ninety-eight dollars, fifty-six cents ($98.56); Fannin, three thousand, one hundred,
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four dollars and eighty-five cents, ($3,104.85); Gilmer, five dollars and sixty cents ($5.60); Lumpkin, two hundred, twenty-six dollars, fourteen cents ($226.14); Union, two thousand, one hundred sixty-three dollars and sixteen cents ($2,163.16); which said several named sums shall be paid by the Treasurer of this State, fifty per centum to the County Superintendent of schools of the county to which said sum named is due and is hereby appropriated, to be used for the benefit of the public schools of said county, and fifty per centum to the ordinary of the county; said named sum is due and is hereby appropriated, to be used for the benefit of the public roads of said county, as provided by the said several Acts of Congress hereinabove named. Apportionment of National Forest fund to certain counties, for schools and roads. Subsection 2. Be it further resolved by the authority aforesaid, That all other moneys hereafter arising from said named National Forests or from any other National Forest, part or all of which lies in any county or counties of this State, and paid into the Treasury of the State by the authorities hereinabove named and to be disbursed to any county lying within any National Forest area, and allotted to any county by the said Secretary of Agriculture, are hereby appropriated to the several counties to which same may be or become due by virtue of said named Acts or any other Acts of Congress, and the Treasurer of the State is hereby directed to pay same to the authorities of said counties hereinabove named, and the same to be used for the purposes said Acts of Congress so designate. Subsection 3. Be it further resolved by the authority aforesaid, That the Governor of the State is hereby required and directed to draw his amount or order on the Treasurer or Treasury of this State in favor of the said several county officers hereinabove named, for the amounts due said several countkes as hereinabove designated, and for such other and further amounts as may hereafter become due to any county of this State under and by virtue of said several Acts of Congress, now or hereafter to be enacted relative to these funds, and that the Comptroller-General of this State is hereby directed and required to approve and countersign same,
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and the Treasurer of this State to pay same, so that said funds will reach the several counties entitled thereto as the same is now due or may hereafter become due to such county. Sec. 5. All laws in conflict with this Act are hereby repealed. Approved August 18, 1924. NOTE. Section 3 of this resolution (omitted) was vetoed by the Governor.Compiler. BOOKS BURNED, REPLACEMENT OF, FROM STATE LIBRARY. No. 42. A RESOLUTION. Whereas the court-house of Wilkinson County was destroyed by fire on February 14, 1924, and all law books, including Codes of Georgia, Supreme Court Reports and Court of Appeals Reports and Acts of Legislature were thus consumed by fire, be it therefore Preamble. 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 Wilkinson County and the Ordinary of Wilkinson 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 1924. Books to be replaced for county. Approved August 13, 1924.
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CHILD LABOR, ETC., REJECTION OF AMENDMENT TO FEDERAL CONSTITUTION AS TO. No. 31. A RESOLUTION. Whereas the Congress of the United States has under the fifth article of the Constitution of the United States proposed an amendment to said Constitution, as Article 20, in the following words, to-wit: Preamble. Article. Section 1. The Congress shall have power to limit, reguulate, and prohibit the labor of persons under eighteen years of age. Power to prohibit or regulate labor of minors under 18 years old; amendment providing for, rejected. Sec. 2. The power of the several states is unimpaired by this article except that the operation of State laws shall be suspended to the extent necessary to give the effect to legislation enacted by the Congress, Therefore be it resolved by the House of Representatives and Senate of the State of Georgia in General Assembly met, that the said amendment of the Constitution of the United States be and the same is hereby not ratified, but is rejected. Be it further resolved that a certified copy of the foregoing preamble and resolution be forwarded by His Excellency, the Governor, to the President of the United States, and also to the Secretary of State of the United States. Approved August 6, 1924. CONSTITUTION, NEW EDITION OF, APPROVED. No. 33. A RESOLUTION. Whereas the General Assembly of Georgia has made compulsory the study of the State Constitution in all public schools and colleges of the State, and Preamble.
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Whereas, there is no edition of the Constitution in print or officially provided for, except that referred to hereinafter, and Whereas, various State House officers receive constant calls from students and others in need of a text of the Constitution and desiring to purchase same, and, Whereas Miss E. M. Thornton, Assistant State Librarian, has personally prepared a complete edition of the Constitution with all amendments to date included to be published and sold at a popular price, Be it therefore resolved by the General Assembly of Georgia, that upon the favorable report of the committee to which this resolution shall be referred, aforesaid compilation be approved and the use thereof be commended to the citizens of the State. Miss Thornton's compilation approved. Approved August 8, 1924. FLOYD COUNTY TREASURER; INCREASE OF PAY FOR 1923. No. 27. A RESOLUTION. Whereas, the County of Floyd has issued and disposed of a bond issue of $750,000.00, during the present term of the County Treasurer of Floyd County, W. W. Phillips; and Preamble. Whereas, the work of tabulating the bonds, keeping a record of the purchasers and the transfers of sale by purchasers has increased the duties and expenses of said office-holders, therefore be it Resolved by the Senate of the State of Georgia, the House concurring, That the governing body of the County of Floyd, who are the County Commissioners thereof, are hereby empowered and given authority, in their discretion, to increase
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the compensation of said treasurer, for these special duties above mentioned, in a sum not to exceed $750.00, for the year 1923 only. Authority to increase pay. Approved July 23, 1924. FREIGHT RATES ON FARM PRODUCTS, REDUCTION OF, URGED. No. 30. A RESOLUTION. Whereas the farmers of Georgia have been for the past several years trying to work out a plan of diversification of crops, in order that they might become free of the handicap of a one-crop system; and Preamble. Whereas great progress has been attained in this respect, it being true that, in a great many counties throughout the State, cotton acreage has been reduced to a minimum consistent with modern methods and good judgment in fighting the boll weevil, the remainder of the time of the farmers being devoted to raising foodstuffs; and Whereas, notwithstanding much time and great expenditures of money have been devoted to making this change in their system of farming, farmers generally now find themselves confronted with freight rates that are prohibitory in carrying on their work of diversification of crops; it being true that in a great many instances after the freight is paid on the transportation of a carload of vegetables, there is next to nothing left with which to pay for producing the foodstuff in making up the shipment, with the result that we find our farmers in a greatly discouraged state, due to the fact that the net result in a financial way, thus far attained, has amounted to little more than to increase the tonnage and earnings of the railroads, with almost a total loss to the farmers, Therefore be it resolved by the House of Representatives of the State of Georgia, the Senate of Georgia concurring,
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that the Secretary of the Senate and the Clerk of the House be directed to immediately transmit a copy of the foregoing resolutions to each of our United States Senators and to each of our Congressmen from Georgia, in order that this frightful condition may be brought directly to the attention of the Georgia delegation in Congress, that they may proceed at once to bring the matter to the attention of the Interstate Commerce Commission, to the end that such rates may be prescribed by the Interstate Commerce Commission as will permit the free movement of farm products, growing out of diversified farming, so that it may be possible, by thrift and industry on the farm, for the farmer to be able to make our new system of farming in Georgia of such profit as will warrant not only a continuation of those now engaged in this new system, but such as will be an inspiration to others to adopt the diversification of crops. Action by Congress urged, as to reduction of rates. Approved August 6, 1924. FREIGHT RATES ON FRUIT, ETC., REVISION OF, URGED. No. 35. A RESOLUTION. Whereas the Southern States have been passing through a period of great financial depression, and Preamble. Whereas, on account of freight rates, the growers of peaches, watermelons and other crops have been unable to profitably ship their produce, and Whereas, under the discriminatory rates now in force, produce may be shipped into Georgia from great distances at a lower rate than the same articles can be shipped from point to point within the State, and Whereas the State Public Service Commission is powerless to regulate interstate rates and provide any relief, and
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Whereas the prosperity of the entire State is largely dependent on a downward revision of freight rates and surcharges to a figure more nearly in line with the normal rates prior to the World War, Therefore be it resolved by the House of Representatives and the Senate of the State of Georgia, That we do most earnestly request of the Interstate Commerce Commission that they take immediate action to remedy these conditions. Action by interstate commerce commission urged, as to reduction of rates. Be it further resolved that a copy of these resolutions be sent by the clerks of the House and Senate, to the President of the United States, to the presiding officers of the House and Senate of the United States, and to each member of the House and Senate of the United States from Georgia. Approved August 8, 1924. GOVERNOR'S RESIDENCE, COMMITTEE ON PURCHASE OF. No. 51. A RESOLUTION. Whereas no provision has been made for a home for the Governor of the State, and Preamble. Whereas, in securing a home, the present Governor has been forced to undergo the inconvenience and discomfort incident to ordinary house hunters, and Whereas such conditions do not comport with the prestige of the office of Governor and the dignity of the State of Georgia, and Whereas the property formerly occupied as the Governor's mansion is now producing a large annual cash income to the State, Therefore be it resolved by the General Assembly that a committee consisting of two Senators, to be appointed by the
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President of the Senate, and three members of the House, to be appointed by the Speaker, be and the same is hereby created with authority to negotiate for the purchase of a suitable home for the Governor, and to report to the next General Assembly, provided that no expense shall be incurred and that no contracts or agreements binding upon the State shall be made unless and until the same shall be reported to and approved by the General Assembly of Georgia. Resolution. Committee on purchase of residence for Governor. Proviso. Approved August 18, 1924. NATIONAL PARK IN MOUNTAINS, CREATION OF, URGED. No. 29. A RESOLUTION. Whereas our National Congress has taken or is likely to take steps to create, locate and open a National Park in the Southern Appalachian Mountains, Preamble. Therefore be it resolved by the House, the Senate concurring, that we urge our Congressmen and Senators to use their best efforts in having such park created, located and laid out in the Southern Appalachian Mountains where the States of Georgia, the Carolinas and Tennessee join. Creation of National Park in Southern Appalachain Mountains, urged. Resolved further that we commend and approve the efforts of the Southern Appalachian Park Association, and kindred organizations for their efforts in the promotion and creation of additional parks by our National Government, in the Southern Appalachian Mountains, to the end that there may be mobilization of out of doors recreation and nature conservation for the promotion of the health, happiness and prosperity of the people. Associations commended. Resolved further that a copy of this resolution be furnished to the President of the United States, Secretary of Interior, to the clerks respectively of the United States Senate and
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United States House of Representatives, and also to the United States Senators and Congressmen of Georgia, North and South Carolina and Tennessee. Approved August 1, 1924. RELIEF OF DAVID J. ELLIS AND HIS SURETIES ON BOND. No. 28. A RESOLUTION. Be it resolved by the House of Representatives and the Senate concurring, that: Whereas David J. Ellis of Walker County, Georgia, as principal, and J. H. Graham, J. A. Elliott and E. G. Henderson, of Walker County, Georgia, as securities, on the 25th day of October, 1921, executed four bonds in the sum of $1,000.00 each for the appearance of said Dave J. Ellis at the called term of the Superior Court of Walker County, Georgia, which met on October 31, 1921, to abide by whatever should be adjudged against him for the offense of felony; and Preamble. Whereas no indictment was found by the grand jury of said county at said term of court or at any term subsequent thereto charging the said Dave J. Ellis with any offense constituting a felony; and Whereas the said Dave J. Ellis was indicted by said grand jury for certain misdemeanors, but through some misunderstanding was not present in court at the time it is claimed the cases against him were called for trial at said term of court, which met on October 31, 1921; and Whereas, on November 8, 1921, it is claimed that said misdemeanor charges against the said Dave J. Ellis were called in said Superior Court, and that he failed to respond thereto, and thereupon that the said bonds as aforesaid given for his appearance to answer a charge of felony against him were forfeited and a rule nisi issued thereon; and
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Whereas, at the February term, 1922, a rule absolute was entered and judgment rendered against the said securities for the full amount of each of said bonds, to-wit, the sum of $1,000.00 and costs on each of said bonds, and Whereas, at a later term of said court the said Dave J. Ellis appeared and stood trial and was convicted on one of the misdemeanor indictments, and at all times has insisted upon a trial of the remaining misdemeanor indictments against him; and Whereas, from the time of the giving of said bonds as aforesaid, the said Dave J. Ellis remained in said county and at all times was anxious for a trial of any charges preferred against him; and Whereas the said Dave J. Ellis is now serving his sentence, in the case aforesaid in which he was convicted, on the chaingang of Walker County, Georgia, aforesaid; and Whereas the rule nisi and the scire facias based thereon all recite that the bonds aforesaid were given for the appearance of said Dave J. Ellis in said court to respond to any charge of felony against him, and no indictment charging a felony was ever preferred against him by the grand jury of said county; and Whereas the scire facias in each of the above matters was never served upon the said J. A. Elliott and no defense was filed thereto by the other parties to the bond, by reason of a misunderstanding of the situation; and Whereas it is a hardship and an injustice against the said J. H. Graham, J. A. Elliott, and E. G. Henderson, the securities on said bonds, to be forced to pay the amount of said bonds and the judgments based thereon, under the existing circumstances, Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the said principal David J. Ellis, and the said J. H. Graham, J. A. Elliott and E. G. Henderson, securities on the bond as aforesaid, be and they
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are hereby relieved from any and all liability on said bonds, and from the payments of said judgments based on said bonds, and that the Clerk of Superior Court of Walker County, Georgia, is hereby authorized and directed to mark said bonds satisfied, and cancel the same of record on the execution dockets of said county, upon payment of accrued court costs. Relief from liability. Approved July 29, 1924. RELIEF OF J. F. HILL AND J. B. ROBINSON AS SURETIES. No. 32. A RESOLUTION. Whereas, on December 3, 1920, J. F. Hill and J. B. Robinson, of Rockdale County, State of Georgia, became surety on the bond of J. F. Robinson, charged with a misdemeanor in the Superior Court of said county, and whereas, upon this case being called for trial at the January term of said court, J. F. Robinson announced ready, and, after a demurrer was offered to said indictment, the same was sustained and said indictment was quashed, the solicitor immediately, at the same term of court, went before the grand jury and obtained a new indictment, came back before the court, called the case, and defendant, having been relieved from further appearance by sustaining of the demurrer to the former indictment, as he thought, had left the court-house; and Preamble. Whereas, when his second case was called, said J. F. Robinson was not present, his bond was forfeited and a rule absolute was issued against J. F. Robinson, principal, and J. F. Hill and J. B. Robinson, security, for the sum of two hundred and fifty dollars, the amount of said bond; and Whereas afterwards, to-wit, at the next term of court, the said J. F. Robinson of his own accord appeared and went to trial on said indictment, on which a verdict of guilty was returned, he having at once carried out the judgment and sentence of the court, by paying the fine imposed upon him,
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Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the said J. F. Hill and J. B. Robinson, surety as aforesaid, be relieved from the payment of said bond of two hundred and fifty dollars, and that the clerk of the Superior Court of Rockdale County be and he is hereby authorized and instructed to mark the execution issued upon this forfeiture and rule absolute Cancelled and Satisfied of Record, by authority of this resolution; provided that this resolution shall not be construed as relieving said bondsmen from payment of the cost of said forfeiture. Relief from liability. Approved August 6, 1924. RELIEF OF J. J. THOMPSON AS SURETY. No. 46. A RESOLUTION. Whereas J. J. Thompson did become surety for the appearance of W. G. Feagin at the June Quarterly Term, 1923, of the City Court of LaGrange, in a case there pending against him, the said Feagin, charging him with the offense of violating the Prohibition Law, said bond being for the principal sum of two hundred ($200.00) dollars; and Preamble. Whereas the case against said Feagin was not called for trial at either the said June term or September term of said court, although said Feagin was present and ready for trial at both said terms, and that he was also present at the December term and ready for trial, but said case was called while he was absent from the court-room temporarily, and a rule nisi to forfeit said bond was issued, and that both said Feagin and his said surety, thinking that his appearance at the following term would be the only act necessary to prevent the forfeiture, the said Feagan did appear at each and every successive term thereafter, ready for trial, and did not know his said bond was forfeited and an execution issued against his surety, until so informed on July 29th, and
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Whereas the said surety has surrendered the said principal to the Sheriff of Troup County, and he, the said defendant Feagin, is now in jail in said county awaiting trial, it is therefore Resolved, by the House of Representatives, the Senate concurring, that inasmuch as the purpose of the said bond has been fully accomplished, and that the breach of said bond was not intentional, the authorities of the City Court of LaGrange are hereby authorized and directed to cancel and deliver up to said J. J. Thompson the said execution, and that he, the said Thompson, be and he is hereby relieved from any and all liability on the same. Relief from liability. Approved August 16, 1924. RELIEF OF J. Q. DAVIS AS SURETY. No. 44. A RESOLUTION. Whereas J. Q. Davis did on the 29th day of December, 1920, become bail for the appearance of John Williams at the October term, 1921, of the City Court of Columbus, in a case pending against said John Williams charging him with the offense of a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said John Williams at the January term, 1921, of said court, and Preamble. Whereas an execution issued upon the forfeiture of said bond at the July term, 1921, of said court for the principal sum of $500.00 and costs, and Whereas, on the 6th day of May, 1922, the said J. Q. Davis, as security, paid said $500.00 and $15.35 cost of court, and Whereas, at the July term, 1921, of said court, the said John Williams entered a plea of guilty to the accusation pending in said court, for which said recognizance was given, and was fined the sum of $150.00 or 3 months on the chain-gang of said county, the fine was paid into court,
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Be it therefore resolved by the House of Representatives, the Senate concurring, that the county authorities of Muscogee County, Georgia, be and they are hereby authorized to pay to the said J. Q. Davis the sum of $500.00 out of the funds arising from the fines and forfeitures in the City Court of Columbus, of Muscogee County, Georgia, to reimburse him the sum so paid on account of said bond as aforesaid. County authorized to repay sum paid on forfeiture. Approved August 16, 1924. RELIEF OF J. Q. DAVIS AS SURETY. No. 48. A RESOLUTION. Whereas J. Q. Davis did on the 27th day of December, 1920, become bail for the appearance of John Williams at the January term, 1921, of the City Court of Columbus, in a case pending against said John Williams, charging him with the offense of a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said John Williams at the January term, 1921, of said court; and Preamble. Whereas an execution issued upon the forfeiture of said bond at the July term, 1921, of said court for the principal sum of $50.00 and costs, and Whereas, on the 6th day of May, 1922, the said J. Q. Davis, as security, paid said $50.00 and $15.35 cost of court; and Whereas, at the April term, 1921, of said court the said John Williams entered a plea of guilty to the accusation pending in said court, for which said recognizance was given, and was fined the sum of $20.00, or one month on the chain-gang of said county, the fine was paid into court, Be it therefore resolved by the House of Representatives, the Senate concurring, that the county authorities of Muscogee County, Georgia, be and they are hereby authorized to pay to the said J. Q. Davis the sum of $50.00 out of the
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funds arising from the fines and forfeitures in the City Court of Columbus, of Muscogee County, Georgia, to reimburse him the sum so paid on account of said bond as aforesaid. County authorized to repay sum paid on forfeiture. Approved August 16, 1924. RELIEF OF J. Q. DAVIS AS SURETY. No. 49. A RESOLUTION. Whereas, J. Q. Davis did on the 6th day of July, 1920, become bail for the appearance of John Williams at the July term, 1920, of the City Court of Columbus, in a case pending against said John Williams, charging him with the offense of a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said John Williams at the July term, 1920, of said court; and Preamble. Whereas an execution issued upon the forfeiture of said bond at the January term, 1921, of said court for the principal sum of $50.00 and cost, and Whereas, on the 6th day of May, 1922, the said J. Q. Davis' as security, paid said $50.00 and $15.35 cost of court; and Whereas, at the July term, 1921, of said court, the said John Williams entered a plea of guilty to the accusation pending in said court, for which said recognizance was given, and was fined the sum of $50.00, or 2 months on the chain-gang of said county, the fine was paid into court, Be it therefore resolved by the House of Representatives, the Senate concurring, that county authorities of Muscogee County, Georgia, be and they are hereby authorized to pay to the said J. Q. Davis the sum of $50.00 out of the funds arising from the fines and forfeitures in the City Court of Columbus, of Muscogee County, Georgia, to reimburse him the sum so paid on account of said bond as aforesaid. County authorized to repay sum paid on forfeiture. Approved August 16, 1924.
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RELIEF OF M. C. DOMINY, TAX-COLLECTOR, FROM PENALTY. No. 47. A RESOLUTION To relieve M. C. Dominy, Tax-Collector of Laurens County, of penalty for failing to make settlement with Comptroller-General on 1922 tax account in time provided by law. Whereas M. C. Dominy was tax-collector for the County of Laurens for the year 1922 and 1923, and, due to illness which was providential, over which he had no control, and due to the further reason that the people were financially depressed and could not pay promptly, the said M. C. Dominy failed to make settlement for 1922 taxes from said Laurens County until he was penalized under the law in the sum of 13 per cent., and the said M. C. Dominy has paid all of the taxes due the State, and has paid all of the interest thereon of 7 per cent., now, therefore, be it Preamble. Resolved that the said M. C. Dominy is hereby relieved of said penalty of 13 per cent. Relief from penalty. Resolved that all laws in conflict with this resolution are hereby repealed. Approved August 16, 1924. SOLDIERS' HOME INVESTIGATING COMMITTEE. No. 45. A RESOLUTION. Whereas various complaints and charges of inefficiency have been made by citizens of this State against the management and conditions existing at the Confederate Soldiers' Home, and Preamble. Whereas these charges are of such a grave nature that justice to the citizens concerned seems to demand a thorough
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investigation to ascertain the truth or falsity of the same, therefore be it Resolved by the House of Representatives, the Senate concurring, that a committee of five members of the Old Soldiers' Home Committee of the House and three members of the Pensions Committee of the Senate be appointed by the Speaker of the House and the President of the Senate respectively to investigate these charges after adjournment of this session, and to report their findings to the next session of the General Assembly, and that said committee shall have power to summons witnesses and do such other acts necessary to carry out the intention of this resolution, including hiring stenographer to report the findings and evidence. The expenses of said investigation shall be paid out of the standing appropriation for visiting committees. Committee to investigate charges; powers, expenses. Approved August 16, 1924. TAX ON MERCHANDISE BROKERS, ETC., DIRECTION TO QUIT COLLECTING. No. 40. A RESOLUTION. Whereas Section 30 of the General Tax Act, approved August 15, 1921, imposed $100.00 license on merchandise brokers and commission merchants in the State of Georgia; and Preamble. Whereas the Supreme Court of the State of Georgia and the Supreme Court of the United States have recently held that said license tax is not applicable to brokers and commission merchants who represent principals residing outside of the State of Georgia; and Whereas the result of said court decisions causes said license tax to fall on brokers and commission merchants who represent Georgia principals, thereby discriminating against
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brokers and commission merchants who represent Georgia principals; Therefore be it resolved by the House of Representatives, the Senate concurring, that the Comptroller-General and all tax-collecting authorities of the State of Georgia be and they are hereby instructed to discontinue the collection of the said tax imposed on brokers and commission merchants in Paragraph 30 of the Act approved August 15, 1921. Direction to stop collecting tax on merchandise brokers and commission merchants. See ante, p. 25. Approved August 13, 1924. UNFINISHED BUSINESS OF ASSEMBLY; PERSONS AUTHORIZED TO REMAIN AFTER ADJOURNMENT. No. 41. 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. Presiding officers, secretary and clerk to stay 5 days after adjournment. Resolved that the chairman respectively of the Enrollment and Auditing Committee of the House and Senate, together with the members of the Senate Enrollment Committee and nine members of the House Enrollment Committee, to be designated by the chairman thereof, and two members of the House Auditing Committee and two members of the Senate Auditing Committee, to be designated by the chairman thereof, and the chairman of the House Engrossing Committee and five members of the House Engrossing Committee, to be designated by the chairman thereof, and the chairman and two
Page 843
members of the Senate Engrossing Committee, to be designated by the chairman thereof, be and they are hereby authorized to remain at the capitol five days after the adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Certain committee chairmen and members to remain. Resolved, further, That the postmistress of the House be and she is hereby authorized to remain at the capitol five days after the adjournment of the General Assembly for the purpose of distributing and forwarding members' mail, and that she be allowed her per diem for said time. Postmistress. Resolved further that three porters of the House and two porters of the Senate be and they are hereby authorized to remain at the capitol five days after the adjournment of the General Assembly, and that they be allowed their per diem for said time. Porters. Approved August 13, 1924. VOCATIONAL REHABILITATION OF DISABLED PERSONS. No. 39. A RESOLUTION. Whereas, under the terms of the Act approved August 16, 1920, accepting the benefits of the Act passed by the Senate and House of Representatives of the Congress, to provide for the promotion of vocational training of persons disabled in industry or otherwise, there remains in the treasury, to the credit of the State Board of Vocational Education, of money heretofore appropriated, the sum of $13,622.72, for use during the year 1924, and Preamble. Whereas, the Congress of the United States having failed by reason of oversight, due to congestion of business before the Congress during the closing days of the last session thereof,
Page 844
to appropriate funds with which to match the funds appropriated by the State of Georgia, Therefore be it resolved by the Senate, the House concurring, that the State Board of Vocational Education is hereby authorized and directed to use the said sum of $13,622.72, now remaining on hand unexpended, as aforesaid, in the furtherance of its work of vocational rehabilitation of disabled persons in accordance with the provisions of the Act approved August 16, 1920. State Board of Vocational Education directed to use unspent fund under Act of 1920. Approved August 15, 1924.
Page 845
TREASURER'S REPORT
Page 846
SHOWING RECEIPTS AND DISBURSEMENTS AT THE STATE TREASURY FOR THE YEAR ENDING DECEMBER 31, 1923. RECEIPTS. Dr. 1923. Dr. 1922. To Balance in the Treasury $ 1,633,132.75 $ 1,727,866.35 Abstract Companies Tax 22.50 63.90 Adding Machine Companies 1,440.00 1,080.00 Advertising Agents 927.00 1,494.00 Agencies 1,935.00 1,620.00 Amusement Parks 225.00 243.00 Artists 967.50 810.00 Athletic Clubs 270.00 315.00 Auctioneers 1,912.50 1,597.50 Automobile Agents 33,545.00 28,904.28 Auto Assembling Plants 270.00 540.00 Anning and Tent Makers 148.50 175.50 Adjusters 45.00 45.00 Back Taxes 48,759.80 38,227.02 Ball and Other Parks 18.00 Barbers' Schools 13.50 40.50 Barbers' Shops 6,106.05 12,840.21 Barbers' Supplies 180.00 315.00 Beauty Parlors 576.00 541.11 Bee License Tax 200.00 375.00 Bicycles 747.00 765.00 Billards and Pool 31,522.50 35,415.00 Bill Distributors 22.50 Bill Posters 720.45 612.90 Book Agents 4.50 Bond Makers 360.00 742.50 Bottlers 459.00 1,102.50 Brokers (S. B.) 4,815.00 3,465.00 Burglar Alarms 22.50 22.50 Card Writers 4.50 4.50 Cafes and Restaurants 29,470.50 2,092.50 Carbonic Acid Gas 28,646.17 25,618.80 Cars for Hire 6,219.00 5,808.69 Cash Registers 630.00 630.00 Cemetery Agents 315.00 243.00 Chiropodists 9.00 Cigar Dealers (W. R.) 73,466.99 2,124.00 Cigar Makers 324.00 211.50 Cigarette Dealers 111,856.50 107,586.03 Clerks' Cost Court of Appeals 3,495.00 2,230.83 Clerks' Cost Supreme Court 549.54 Coal and Wood Dealers 5,796.90 2,889.00 Cold Storage Tax 8,100.00 9,135.00 Construction Companies 677.39 1,247.69 Contractors 3,814.37 2,892.29 Corporation Tax (ad Valorem) 103,014.34 83,585.05 Cost on Fi Fas 52.50 30.00 Carpet Cleaners 63.00 18.00 Dance Halls 706.50 427.50 Detective Agents 1,440.00 765.00 Directory Tax 225.00 180.00 Dividends from Stocks 2,782.00 2,782.00 Dry Cleaners 607.50 765.00 Electrical Contractors and Electricians 614.70 450.63 Electric Shows 8,251.29 7,505.73 Electric Shows and Supplies 1,642.50 1,665.00 Employment Agencies 540.00 585.00 Equipment Companies' Tax 5,557.38 3,136.43 Express Companies' Tax 3,574.11 3,288.57 Emigrant Agents 1,800.00 Fees from Fertilizers 212,519.48 165,126.74 Fees from Pure Food 62,535.77 44,440.80 Forest Reserve Fund 1,765.19 1,578.97 Fuel Oil Tax 962,986.58 739,188.55 Ferries 22.50 Games 220.50 310.50 Game Protection Fees 20,686.72 5,000.00 Garages 5,542.88 5,678.58 General Tax 4,960,696.01 5,256,559.93 Grand Opera Tax 4,500.00 Health Com. Fees 30.00 30.00 Hotels 5,862.95 5,745.05 Horticultural Fees 1,542.00 Ice Cream Dealers, wholesale 508.50 549.00 Inheritance Tax 291,958.93 282,813.74 Insolvent General Tax 38,992.40 38,132.75 Insolvent Poll Tax 10,369.14 1,804.36 Insurance Agents 30,762.00 29,929.50 Insurance Fees 59,838.00 56,883.00 Industrial Commission 41,157.68 Insurance Tax by Companies 629,175.95 592,049.72 Implements and Machinery Mfgs. and Agents 760.00 760.00 Auto Accessories 4,320.00 4,770.00 Automatic Sprinklers 90.00 Charter License Fees 100.00 Interest from Depositories 24,512.26 21,833.40 Interest from Tax Collectors 4,315.19 6,240.39 Junk Dealers 2,349.00 1,435.50 Land Title Registration Fees 67.04 127.08 Laundries 1,912.50 769.50 Lease Indian Spring 110.00 110.00 Lenders on Wages 4,041.00 4,590.00 Lighting Plants 157.50 113.40 Lightning Rods 45.00 27.00 Live Stock Dealers 1,750.50 1,755.00 Loan Agents 1,399.50 1,152.00 Lumber Dealers 99.00 220.50 Manufacturers Soft Drinks 13,027.38 9,316.22 Merchandise Brokers 1,125.00 2,587.50 Money Refunded 3,758.75 3,047.37 Monument Dealers 697.50 702.00 Motorcycle Dealers 135.00 180.00 Motor Vehicle Fees 2,156,406.08 1,831,274.69 Musical Dealers 5,238.00 5,193.41 Occupation Tax (Capital) 245,014.48 242,296.41 Office Fees 3,475.29 3,841.00 Oil Fees 519,219.69 640,710.70 Oyster and Shrimp Packers 756.00 517.50 Public Service Commission 51,066.55 16,455.52 Palmist 1,395.00 1,327.50 Patented Articles 22.50 Pawnbrokers 10,125.00 9,810.00 Peddlers 4,778.72 7,515.00 Pensions Refunded 49,156.88 94,667.74 Picture Frame Dealers 13.50 9.00 Pistols and Cartridges 11,218.50 11,592.00 Playing Card Dealers 2,839.50 3,114.00 Poll Tax 365,068.59 344,155.54 Printing Brokers 27.00 27.00 Pumping Systems 90.00 90.00 Pressing Clubs 2,353.86 2,322.61 Railroad News Companies 1,350.00 1,350.00 Railroad Tax 544,603.19 518,964.91 Real Estate Agents 3,811.50 4,648.50 Rental Public Property 8,340.00 7,645.00 Rental W. A. Railroad 540,000.00 540,000.00 Rinks 22.50 Rental Mansion Property 19,999.92 11,666.65 Safes and Vaults 360.00 540.00 Sale of Public Property 191.00 1,049.07 Sale of Acts 769.89 494.36 Sale of Codes 163.84 594.05 Sale of Court of Appeals Reports 361.74 1,214.70 Sale of Refunding Bonds 174,159.13 Sale of Supreme Court Reports 799.70 1,934.97 Sanitariums 1,530.00 1,260.00 Sewing Machine Agents 2,010.00 1,600.00 Sewing Machine Companies 1,600.00 800.00 Show Tax 8,672.03 6,322.07 Sleeping Car Companies 6,526.72 6,108.75 Slot Machines 2,301.75 1,476.00 Soda Fount Tax 5,089.50 5,278.77 Specalists 13.50 22.50 Steamboat Companies 16,869.77 16,134.78 Street Railroad Tax 84,217.45 98,930.62 Stevedores 630.00 360.00 Teachers Agencies 180.00 135.00 Telegraph Companies, Tax 16,036.11 15,520.00 Telephone Companies Tax 56,917.98 54,230.34 Temporary Loan 500,000.00 500,000.00 Traders 180.00 513.00 Trucks (G. O.) 4,864.86 5,004.00 Typewriter Agents 1,620.00 1,985.18 Trading Stamps 45.00 45.00 Undertakers 12,492.00 4,414.50 Used Car Dealers 635.30 792.69 Vital Statistic Fees 89.50 48.10 Warehouses 2,736.00 3,384.00 Waterworks 22.50 22.50 Weighing Scales 594.00 610.20 Wild Lands Sale 508.05 Swimming Pools 364.50 225.00 Total Receipts During $13,222,122.16 $12,889,801.22 Aggregate, Including Balance $14,855,254.91 $14,617,667.57
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SHOWING RECEIPTS AND DISBURSEMENTS AT THE STATE TREASURY FOR THE YEAR ENDING DECEMBER 31, 1923. DISBURSEMENTS. Cr. 1923 Cr. 1922 By Academy for Blind 36,000.00 39,333.37 Agricultural Schools 206,000.00 202,648.00 Albany Normal School (for Colored) 15,000.00 15,000.00 Board of Health 87,707.12 91,431.00 Board of Public Welfare 14,681.90 15,350.81 Bowdon State N. and I. College 15,000.00 15,000.00 Civil Establishment 420,378.59 438,985.46 Clerk's Cost Supreme Court 505.00 490.00 Coastal Plains Experiment Station 23,201.41 25,825.64 College for Colored 10,830.00 24,170.00 Contingent Fund 33,433.44 30,470.85 Contingent Fund Commerce and Labor 2,665.24 934.76 Contingent Fund R. R. Commission 3,000.00 Contingent Fund, Supreme Court 1,371.15 2,020.48 Contingent Fund Court of Appeals 2,373.52 2,443.06 Department of Agriculture (a) Maintenance and Statistics 20,037.70 12,500.81 (b) Pure Food 12,264.23 8,753.48 (c) Chemicals 14,680.34 16,098.93 (d) Contagious Diseases 2,008.15 4,970.35 (e) Hog Cholera Serum 9,878.36 15,986.71 (f) Inspectors' Salary, etc. 42,266.30 29,818.24 (g) Tick Eradication 22,051.39 23,977.79 (h) Veterinarian Expenses 2,461.56 2,267.72 Dept. of Archives and History 5,568.98 6,000.00 Dept. of Commerce and Labor 6,075.00 8,100.00 Dept. of Public Printing 5,225.00 5,225.00 Experiment Station 7,394.88 11,913.60 Fuel Administration 656.18 Furniture and Replacement (H. S.) 652.35 Game protection Fund 2,700.00 3,600.00 Geological Fund 12,991.04 15,391.09 Ga. Military College 5,000.00 State College for Women 102,500.00 102,500.00 State Woman's College 64,000.00 Highway Department 2,134,669.17 1,837,756.66 Horticultural Fund 72,250.00 73,000.00 Incidental Expense General Assem. 225.00 409.30 Indexing House and Senate Jour. 250.00 400.00 Indian Spgs. Fund 105.00 Inspection of Fertilizers 55,079.56 48,668.47 Inspection of Oils 5,784.20 2,851.43 Insurance on Public Buildings 8,174.56 108,975.62 Insurance Department Fund 6,900.00 9,170.22 Industrial Commission 41,149.04 Land Script Fund Interest 6,314.14 6,314.14 Legislative Committees, visiting 197.00 249.21 Legislative Pay Roll, regular session 120,168.78 120,735.04 Library Commission 6,014.97 5,985.03 Library Fund 3,856.64 4,366.76 Library Fund Reference Bureau 1,644.91 1,064.82 Library Fund Court of Appeals 624.50 380.00 Market Bureau 101,610.45 102,780.98 Military Fund 32,663.03 49,885.10 North Georgia A. M. College 30,500.00 30,000.00 Overpayment Taxes Refunded 15,102.97 6,379.21 Printing Fund, Special 2,482.73 41,114.12 Pension Fund 1,152,434.78 1,051,254.20 Printing Fund, General 58,879.14 39,857.91 Printing Fund R. R. Commission 30.95 1,802.96 Prison Fund 107,500.00 107,500.00 Public Buildings and Grounds 49,477.72 41,352.35 Publishing Georgia Reports 12,052.73 11,179.76 Public Debt (a) Interest 226,102.45 231,157.50 (b) Sinking Fund 100,000.00 102,000.00 (c) Refunding Bonds 1,000.00 206,000.00 Public Service Commission 39,325.80 Rate Expert Fund 4,000.00 Refund, W. A. Rental Warrants 540,000.00 540,000.00 Reward Fund 1,700.00 2,722.92 Roster Fund 3,505.00 3,685.63 Sale Ga. Reports Fund 1,050.00 Service Bureau 1,003.78 School for the Deaf 70,000.00 74,547.60 School Fund, Common 4,233,565.09 4,532,408.63 School for Mental Defectives 9,000.00 25,000.00 School of Technology 112,500.00 112,500.00 Soldiers' Home 44,999.96 41,666.30 Solicitors Generals' Fees 7,280.00 10,480.00 South Ga. A. M. College, Val. 44,375.00 Special Appropriations, Mansion 697.33 Lease Commission 93.80 Special Appropriations, H. S. 2,184.03 Special Appropriation, Regency Com. 252.30 Deficiency 51.50 Special Appro. Maryland Casualty Co. 778.65 Special Appro. School Deficiency 44,711.00 Special Appro. Tax Commission 1,047.15 Stat'y and Fur., Gen. Assembly 5,233.40 3,225.50 State Medical College 49,500.00 49,500.00 State Normal School 63,000.00 63,000.00 State Sanitarium 800,000.00 990,000.00 State University. Support Fund, Int. etc. 98,134.08 93,190.68 State Univ. for Agri. College 117,250.00 117,250.00 State Univ. for Smith-Lever 100,000.00 100,000.00 State Univ. for Summer School 6,000.00 6,000.00 Summer School Colored Teachers 2,500.00 2,500.00 Special Apprns., Mis. 2,650.00 Temporary Loan Refunded 511,750.00 513,472.00 Training School for Boys 27,000.00 43,800.00 Training School for Girls 28,635.23 37,500.00 Tuberculosis Sanitarium 50,000.00 53,500.00 Vocational Education 39,103.33 39,259.73 Vocational Rehabilitation 10,102.54 4,675.06 Total Disbursements During $12,528,838.41 $12,984,534.82 To Balance in the State Treasury 2,326,416.50 1,633,132.75 Aggregate $14,855,254.91 $14,617,667.57
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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. WESLEY DERRICK Sheriff
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Superior Court Calendar for 1924-1925 ALAPAHA CIRCUIT. * * NOTE. Died October 2, 1924. The office is vacant at the time of printing this calendar. Names herein which are followed by the words from January 1, 1925, are those of nominees in the primary election of September 10, 1924. 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. LanierSecond Mondays in January and July. ALBANY CIRCUIT. HON. W. V. CUSTER, Judge, Bainbridge. B. C. GARDNER, Solicitor-General, Camilla. BakerThird Mondays in January and July. CalhounFirst Mondays in June and December. DecaturSecond Mondays in May and November. DoughertyFourth Mondays in March and September. GradyFirst Mondays in March and September. MitchellSecond Mondays in April and October. ATLANTA CIRCUIT. HONS. WILLIAM D. ELLIS, GEORGE L. BELL, JOHN D. HUMPHRIES, 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.
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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 Mondays in August and December. CobbSecond Monday in March, third Monday in July, and second Monday in November. FanninFourth Monday in May and third Monday in October. ForsythThird Monday in February, and fourth Monday in August. GilmerThird Monday in May and second Monday in October. MiltonFirst Monday in March, and third Monday in August. PickensFirst Monday in April, and fourth Monday in September. BRUNSWICK CIRCUIT. HON. J. P. HIGHSMITH, Judge, Baxley. ALVIN V. SELLERS, Solicitor-General, Brunswick. W. B. GIBBS, Jesup, from Jan. 1, 1925. 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 Mondays in April and November. CHATTAHOOCHEE CIRCUIT. HON. GEORGE P. MUNRO, Judge, Columbus. HON. C. F. McLAUGHLIN, Columbus, from Jan. 1, 1925. 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.
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CHEROKEE CIRCUIT. HON. MALCOLM C. TARVER, Judge, Dalton. JOSEPH M. LANG, Solicitor-General, Calhoun. C. C. PITTMAN, Cartersville, from Jan. 1, 1925. 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 of March and Monday following, third Monday in July, and fourth Monday in November and Monday following. 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. HON. R. E. CAMP, Dublin, from Jan. 1, 1925. E. L. STEPHENS, Solicitor-General, Wrightsville. FRED KEA, Dublin, from Jan. 1, 1925. JohnsonThird Mondays in March and September. LaurensFourth Mondays in January, April, July and October. TwiggsFourth Mondays in February and August.
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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. F. D. WILLINGHAM, Forsyth, from Jan. 1, 1925. ButtsFirst and second Mondays in February and third and fourth Mondays in August. HenryThird and fourth Mondays in March and September. LamarFirst and second Mondays in March and September. MonroeThird and fourth Mondays in February, May and November and first and second Mondays in August. GRIFFIN CIRCUIT. HON. WM. E. H. SEARCY, JR., Judge, Griffin. E. M. OWEN, 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. C. H. GARRETT, Solicitor-General, Macon. BibbFirst Mondays in February and November and third Mondays in April and July. CrawfordThird Mondays in March and October. HoustonFirst Mondays in April and October. See page 68 for act changing terms, if Peach County is created, to second Monday in January, first Monday in April, second Monday in July, first Monday in October. MIDDLE CIRCUIT. HON. R. N. HARDEMAN, Judge, Louisville. WALTER F. GREY, Solicitor-General, Swainsboro. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August and November. WashingtonFirst Mondays in March and September.
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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. MadisonFirst Monday in March, second Monday in June, first Monday in September and second Monday in December. OglethorpeThird Mondays in March and September. OCMULGEE CIRCUIT. HON. JAMES B. PARK, Judge, Greensboro. DOYLE CAMPBELL, Solicitor-General, Monticello. J. B. DUKE, Eatonton, from Jan. 1, 1925. BaldwinSecond Mondays in January and July. GreeneFourth Mondays in January, April, July and October. HancockFourth Mondays in March and September. JasperFirst Mondays in February and August and second Monday in November. JonesThird Mondays in April and October. MorganFirst Mondays in March and September. PutnamThird Mondays in March and September. WilkinsonFirst Mondays in April and October.
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OCONEE CIRCUIT. HON. ESCHOL GRAHAM, Judge, McRae. M. H. BOYER, Solicitor-General, Hawkinsville. BleckleySecond and third Mondays in January and July. DodgeThird and fourth Mondays in May and November. MontgomeryFirst Mondays in February, May, August and November. PulaskiSecond Mondays in March, June, September and December. TelfairThird Mondays in April and October. TreutlenThird Mondays in February and August. WheelerFourth Monday in March and Monday following; and fourth Monday in September and Monday following. OGEECHEE CIRCUIT. HON. HENRY B. STRANGE, Judge, Statesboro. A. S. ANDERSON, Solicitor-General, Millen. JOHN C. HOLLINGSWORTH, Sylvania, from Jan. 1, 1925. BullochFourth Mondays in January, April, July and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in March and September. ScrevenThird Mondays in May and November. 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. SeminoleThird Mondays in February, June and October. TerrellThird Mondays in May and November. PIEDMONT CIRCUIT. HON. LEWIS C. RUSSELL, Judge, Winder. HON. W. W. STARK, Commerce, from Jan. 1, 1925. 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. ROME CIRCUIT. HON. MOSES WRIGHT, Judge, Rome. E. S. TAYLOR, Solicitor-General, Summerville. J. F. KELLEY, Rome, from Jan. 1, 1925. 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.
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SOUTHERN CIRCUIT. HON. WILLIAM E. THOMAS, Judge, Valdosta. CLIFFORD E. HAY, Solicitor-General, Thomasville. BrooksFirst Mondays in May and November. ColquittThird Mondays in January and July and first Mondays in April and October. EcholsTuesdays after second Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird Mondays in April and October. SOUTHWESTERN CIRCUIT. HON. Z. A. LITTLEJOHN, Judge, Americus. JULE FELTON, Solicitor-General, Montezuma. LeeFirst Mondays in May and November. MaconSecond Mondays in May and November. SchleySecond Mondays in April and October. StewartThird Mondays in April and October. SumterFourth Mondays in May and November. WebsterFirst Mondays in April and October. STONE MOUNTAIN CIRCUIT. HON. JOHN B. HUTCHESON, Judge, Jonesboro. 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. PauldingSecond Monday in February, and first Mondays in May, August and November. PolkFourth Mondays in February and August.
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TIFTON CIRCUIT. HON. R. EVE, Judge, Tifton. R. S. FOY, Solicitor-General, Sylvester. IrwinSecond 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. HON. C. J. PERRYMAN, Lincolnton, from Jan. 1, 1925. R. C. NORMAN, Solicitor-General, Washington M. L. FELTS, Warrenton, from Jan. 1, 1925. 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. H. H. WEST, Athens, from January 1, 1925. ClarkeFirst Mondays in January, April, July, and October. OconeeFourth Mondays in January and July. WaltonThird Mondays in February, May, August and November.
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INDEX A ABSENT VOTERS See Voting by Mail. ACADEMY FOR THE BLIND Appropriation for pipe organ 7 ACADEMY OF SOCIAL CIRCLE Tax rate for 791 ACCEPTANCE See Negotiable Instruments Law. ACTION FOR HOMICIDE See Homicide. ACTS, TABLES OF See Resolutions. Appropriation acts 7 Cities and towns (local acts) 393 Code amendments 47 Constitutional amendments 31 Corporationsprivate and school 791 County matters (local acts) 264 Courts, City and Municipal 205 Courts, Superior 64 Miscellaneous general laws 74 Solicitors-General, salaries 255 Taxation 22 ADAIRSVILLE Bonds for lights and waterworks, election as to 395 ADMINISTRATOR Action by, for homicide; recovery for next of kin 60 AGRICULTURAL CREDIT CORPORATION Banks authorized to buy stock in, when 76 AGRICULTURAL SCHOOLS See District Agricultural Schools. AGRICULTURE, DEPARTMENT OF Appropriations for 9 Appropriation to State Veterinarian 78 Cattle-tick quarantine 78 AGRICULTURE, STATE COLLEGE OF Appropriation for 8 ALAPAHA CIRCUIT See Superior Court Calendar, p. 854 ALBANY Amendments of charter 397 423 Assessments for street improvements 412 Building restrictions 404 11 City planning commission 408 Corporate limits extended 423 Election of commissioners 422 Permanent registration book 399
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Registration of voters 398 Street improvements; bonds 411 22 Voter's qualifications 397 Zoning ordinances, plans, regulations 404 ALBANY CIRCUIT See Superior Court Calendar, p. 854. ALDORA Corporate limits extended 423 ALIEN FISHERMEN See Fish. ALMA City court, election to establish 205 Tax increase, for schools, election as to 424 ALTERATION OF INSTRUMENT See Negotiable Instruments Law. APPALACHIAN MOUNTAINS, PARK IN See National Park. APPLING COUNTY Chairman of commissioners, salary of, increased 265 Commissioners' employment of relatives 266 Road duty; per capita tax increased 267 Road overseer; duties, bond, pay 268 Tax limit increased 266 APPROPRIATIONS Acts and resolutions tabulated 7 , 811 Agricultural College 8 Agricultural Department 9 Auditor's Department 10 Board of Health, maternity hygiene 13 District Agricultural School, 10th district 11 Industrial School for Colored Youth 820 Library Commission expenses 50 Maternity hygiene 13 Military Department 13 Normal School, State 14 Public buildings and grounds 15 Public schools 822 Revenue Department 15 Roads in certain counties 822 Salaries 9 , 10 , 30 , 818 20 Sanitarium 16 , 17 School for Deaf 18 State Service Bureau 821 Technological School 18 Training School for Girls 19 Training School for Mental Defectives 821 University of Georgia 20 Vocational rehabilitation of disabled persons 843
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ARGUMENT OF COUNSEL Number of counsel who may argue case 75 Time limit; extension of time 75 ARSON AND ATTEMPT TO COMMIT ARSON Offenses defined 192 ASHBURN Assessments for streets and sidewalks 427 Bonds, election as to 429 ATLANTA See Atlanta Circuit; Atlanta, Criminal Court of; Atlanta, Municipal Court of. Acts amending charter 430 , 433 , 436 , 438 , 441 , 444 Assessments for street improvements 445 Board of education; referendum on powers, membership, and election of 448 Boxing exhibitions 448 Consolidation of city and county government 811 Corporate limits extended 430 , 433 , 436 , 438 , 441 County government, consolidation with 811 Grady Hospital charges; pay wards 449 Hospitals 449 Lease of old waterworks property (Lakewood) 444 License for boxing, sparring, etc. 448 Mayor and chairman of school committee to be on school board, when 447 8 News wagons, tax and stands for 435 Quorum of council 445 Schools, erection and control of 446 8 Street improvements, hearing as to 445 Terms of certain officers to be four years 444 ATLANTA CIRCUIT See Superior Court Calendar, p. 854. Judge's salary, appropriation for 820 Solicitor-General's salary 255 ATLANTA, CRIMINAL COURT OF Appointees of solicitor; pay of 222 Deputy of solicitor; minimum salary, $5,000 222 Judge's salary, $10,000 221 Solicitor's salary; minimum $10,000; no fees 222 Superior-court judges may preside in, when 223 ATLANTA, MUNICIPAL COURT OF Attestation of deeds, etc., by judge 83 Pleadings in, when the same as in superior court 224 ATLANTIC CIRCUIT See Superior Court Calendar, p. 854. ATTESTATION City-court judge, clerk, deputy authorized to attest deeds etc. 83 Municipal-court judge authorized to attest 83 Other State, attestation in 58
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ATTORNEY, ARGUMENT OF See Argument of Counsel. ATTORNEY'S FEE See Negotiable Instruments Law. AUDITOR OF DEPARTMENT OF EDUCATION Salary of 823 AUDITOR'S DEPARTMENT Appropriations for 10 AUGUSTA Board members from wards in new territory 449 Pensions of retired employees 450 AUGUSTA CIRCUIT See Superior Court Calendar, p. 855. AUTOMOBILES See Liquor; Motor-Bus Company; Motor-Vehicles; Taxes. B BACON COUNTY Commissioners; election of chairman and vice-chairman, pay 269 Ordinary eligible as clerk of commissioners 271 BAINBRIDGE CITY COURT Costs of officers of 225 BAKER COUNTY Commissioners; number, districts, quorum 273 Election and terms of commissioners 274 Referendum as to adoption of Act 274 BALDWIN, TOWN OF Road work in, by county authorities 275 BALLOTS FOR ABSENT VOTERS See Voting by Mail. BANKS See Agricultural Credit Corporation; Depositories; Negotiable Instrument Law. BANKS COUNTY Roadwork in Baldwin authorized 275 BARNESVILLE Corporate limits reduced 451 BARTOW COUNTY Commissioner; office created; powers, duties, etc. 276 Commissioner's clerk 278 Game; season for quail and wild turkeys 282 Hunting with automatic gun, unlawful 283 BAXLEY CITY COURT Terms of court, length of sessions 226 BIBB COUNTY Consolidation of city and county government 811 Salaries instead of fees for officers 90
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BIENNIAL SESSIONS OF GENERAL ASSEMBLY Amendment of constitution as to 31 BILLIARD TABLES See acts as to Municipal Corporations. Taxation of persons operating 24 BILLS AND NOTES See Negotiable Instruments Law. BLANKS See Negotiable Instrument Law. BLIND, ACADEMY FOR Appropriation for organ 7 BLUE RIDGE CIRCUIT See Superior Court Calendar, p. 855. Cherokee and Cobb superior court terms changed 64 , 66 BOARD OF GAME AND FISH See Game and Fish. BOARD OF HEALTH See local acts as to Municipal Corporations. Appropriation for maternity hygiene 13 BOATS, FISHING See Fish. BOND TO RECONVEY See Deed to Secure Debt. BONDS See Constitution, Amendments Proposed; Counties; Insurance Companies; Negotiable Instruments; and see local acts. BOWDON, TOWN OF Elections for mayor and council 453 Registration, permanent 455 Voter's qualifications 454 BOWERSVILLE School system abolished 456 BOWMAN Tax exemption, election as to 457 BRANDS FOR FERTILIZERS See Fertilizers. BRANDS FOR OYSTERS See Fish. BROKERS Resolution to stop collection of tax on merchandise brokers 841 Tax on merchandise brokers repealed 25 BROWN, JULIUS L., FUND See Technology, School of. BRUNSWICK Amendment to constitution as to debt of 33 Bonds to reimburse county, election as to 458 Highway to St. Simon's Island; tolls, police powers 459 Parks on St. Simon's Island 461 Paving liens 462 Tax executions; prosecution for non-payment of tax 462 3 BRUNSWICK CIRCUIT See Superior Court Calendar, p. 855. Wayne Superior Court terms changed 72
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BRYAN COUNTY Board of commissioners abolished 283 Board of commissioners created 284 Coastal Highway District to include 35 Treasurer; office established 289 BUENA VISTA School board's authority to buy and sell 462 BUFORD Mayor's term 463 Permanent registration of voters 464 Publication of notices, etc., official organ for 467 Registrars, board of 465 Salaries of Mayor and Council 466 Tax payments, semiannual 466 BUILDINGS, PUBLIC Appropriation for 15 BUILDINGS, REGULATION OF See Municipal Corporations. BULLOCH COUNTY Board of commissioners created 290 BULLOCHVILLE Name changed to City of Warm Springs, limits extended 467 Tax rate 469 BURNING PROPERTY See Arson. BUSHEL MEASURE See Measure. BUTTS COUNTY Superior court terms 67 C CALCIUM ARSENATE LABORATORY Appropriation for 9 CAMDEN COUNTY Coastal Highway District to include 35 Commissioners; number, district, pay, etc. 294 CAMILLA CITY COURT Solicitor's salary 227 CAMPBELL COUNTY Commissioners, pay of; clerk's salary, etc. 296 CANDLER COUNTY Chairman of board of commissioners, pay of 297 CAPITAL PUNISHMENT See Death Penalty. CARROLL COUNTY Commissioner's salary, election as to increase 298 CARROLLTON CITY COURT Judge's salary, election as to increase 229
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CARS See Liquor; Motor-Bus Companies; Motor-Vehicles; Railroad Equipment Companies. CARTERSVILLE Street improvements; assessments, bonds, etc. 470 CATTLE-TICK QUARANTINE Appropriation for 79 Border quarantine 79 Counties not to pay expense 79 Fencing on State border, negotiation for 79 Transporting hides, use of pine straw; penalty 79 80 CEDARTOWN Mayor and aldermen limited to two terms 483 Street improvements 484 CERTIORARI Filing time; code amended 59 CHARTERS See Municipal Corporations; Private and School Corporations. Validation of co-operative marketing associations chartered by superior court 83 CHATHAM ARTILLERY Officers of corporation 793 CHATHAM COUNTY Coastal Highway District to include 35 Consolidation of city and county government 811 Jail employees, salaries of 123 Salaries instead of fees for officers 90 CHATTAHOOCHEE CIRCUIT See Superior Court Calendar, p. 855. CHECK WITHOUT FUNDS TO PAY IT Offense defined 194 Prima facie evidence of intent to defraud 194 CHECKS See Negotiable Instruments Law. CHEMIST OF DEPARTMENT OF AGRICULTURE Appropriation for addition to salary. 9 CHEROKEE COUNTY Commissioner's salary increased 299 Superior court terms changed 64 CHILD HYGIENE See Maternity Hygiene. CHILD LABOR Prohibition or regulation of labor of minors under 18 years old, amendment of U. S. constitution as to, rejected 827 CIGARETTES AND CIGARS Taxation of dealers in; stamps, etc. 25 CITIES AND TOWNS See Municipal Corporations.
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CITY COURTS Acts relating to, tabulated 205 Attestation of deed, etc., by judge or clerk 83 Courts of record, when 83 Salary of judge, when $10,000 80 Stenographers in certain counties 81 CITY MANAGER See Savannah. CIVIL SERVICE See Savannah. CLARKE COUNTY Hospital, authority to establish; bond election 301 Superior court terms changed 65 Tuberculosis hospital; bond election for 303 CLAYTON School system abolished 496 CLEVELAND CITY COURT Act to amend act providing for election to abolish 233 Fees of clerk and sheriff 231 Transfer of cases if court is abolished 233 Transfer of misdemeanor cases from superior court 231 CLINCH COUNTY Commissioner's districts decreased 305 Pay of chairman, clerk, and members of board 306 COAST FISHING See Game and Fish. COASTAL HIGHWAY DISTRICT Amendment to constitution, to create 35 Bonds for highway 35 Corporate powers 307 Counties composing 35 , 307 COBB COUNTY Commissioner; election to create office 314 Commissioner's clerk; advisory board 315 , 319 Commissioners, conditional repeal of act creating board 324 Superior court, fall term changed 66 CODE AMENDMENTS Amended sections; numbers 47 Attestation of deed outside State (C. C. 4203) 58 Certiorari proceedings, filing time (C. C. 4365) 59 Deceased party's depositions (C. C. 5858) 62 Deed to secure debt; when no bond to reconvey (C. C. 3306) 56 Exemption, how set apart (C. C. 3414) 57 Homicide, recovery for (C. C. 4424-5) 60 Industrial life-insurance (C. C. 2502, 2506) 51 Library-commission expenses (Park's C. 1565) 50 Marriage license applications, etc. (C. C. 2936, 2938) 53 Redemption from sale for assessment (C. C. 1169) 48
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Registered voters' lists, filing (C. C. 57) 47 State depository in Monroe (C. C. 1249) 49 Trespass by cutting ornamental tree, etc. (P. C. 216) 63 COFFEE COUNTY Depository; security required 325 COLLEGE PARK Bond commission 512 City clerk, treasurer, etc., of bond commission 512 Corporate limits extended 499 Referendums 415 Registration, permanent 504 Sanitary tax 511 School grades without tuition 514 Sidewalks 514 15 Tax installments 511 COLLEGES See Appropriations, and references under Schools. COLORED YOUTH See Industrial College. COLUMBUS Assessments for sewer connections, etc. 518 City court salaries 234 , 235 Corporate limits extended 520 COMMISSION MERCHANTS Resolution to stop collection of tax on 841 Tax on, repealed 25 COMMISSIONER OF AGRICULTURE See Agriculture, Department of. COMMISSIONERS, COUNTY AND CITY See Local Acts. COMMISSIONERS OF GAME AND FISH See Game and Fish. COMMITTEES See Governor's Residence; Soldiers' Home. COMMON SCHOOLS See Schools. COMPETENCY OF WITNESS See Depositions. COMPTROLLER-GENERAL Clerk's salary 27 Returns of railroad equipment companies to 27 CONDEMNATION See Liquor; and see local acts. CONFEDERATE SOLDIERS' HOME Investigating committee 840 CONSOLIDATED SCHOOLS See Schools. CONSOLIDATION OF CITY AND COUNTY GOVERNMENTS Amendment to constitution as to 811 CONSOLIDATION OF TAX RECEIVER AND COLLECTOR Amendment to constitution as to 815
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CONSTITUTION; AMENDMENTS PROPOSED See Child Labor. Brunswick debt to increase port facilities 31 Coastal Highway District 35 Consolidation of City and County Governments 811 Consolidation of Tax Receiver and Collector 815 County of Peach, creation of 39 CONSTITUTION, NEW EDITION OF Approval of Miss Thornton's edition 827 CONTRACT See Negotiable Instruments Law. CONVICT LABOR See Highway Department, and local acts. CO-OPERATIVE MARKETING ASSOCIATIONS Chartered by superior court, declared legal 83 CORDELE CIRCUIT See Superior Court Calendar, p. 856. CORONER Additional duties in county of 200,000 people 85 Monthly reports; fee of $5 85 CORPORATION TAX CLERK Salary increased 30 CORPORATIONS See Charters; Insurance Companies; Railroad. Municipal 393 Private and school 791 COSTS See County Officers' Salaries; Trover, and see local acts. COUNTERFEITING STAMP See Fish. COUNTIES See Superior Courts. Acts (local) tabulated, as to 264 Consolidation of city and county government, amendment to constitution as to 811 Investment of sinking fund in bonds 86 New County (Peach), creation of, proposed 39 COUNTY OFFICERS' SALARIES See local acts. Counties of 200,000 population; salaries 87 Counties of 44,000 to 150,000 people; referendum as to salaries instead of fees 90 Jail employees in certain counties 123 COUNTY TAX COMMISSIONER Substitution of, for receiver and collector 815 COURT CALENDAR 854 COWETA CIRCUIT See Superior Court Calendar, p. 856. CRIMINAL COURT OF ATLANTA See Atlanta. CRIMINAL LAW See local acts. Arson and attempt to commit arson defined 192 Burning goods to defraud insurer 193
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Cattle-tick quarantine, violation of law as to 79 80 Check, etc., without funds to meet it 194 Death penalty, electrocution 195 Doves, season for hunting or possessing 197 Fish laws, violation of 107 et seq. Hunting doves out of season, penalty for 197 Liquor seizure, penalty for not reporting in 10 days 199 Marriage license law, penalty on ordinary 55 Oysters, penalties for violation of law as to 107 et seq. Pine straw, use of, in tick-infested area 79 Quail hunting in certain county, repeal of law as to 201 Quarantine against cattle-tick, violation of 79 80 Railroad; automatic fire-box door on locomotive 173 Stamps to show payment of tax 25 , 27 , 109 10 Tips, repeal of law prohibiting 202 Transportation of hides 79 Voting by mail, violation of law as to 91 2 CROP MORTGAGE See Mortgages. D DAMAGES FOR HOMICIDE See Homicide. DAVIS, J. Q. Resolutions for relief of, as surety 837 9 DAWSON COUNTY Commissioners; ordinary ex-officio chairman 327 Pay of commissioners 327 DEAF, STATE SCHOOL FOR App opriation for 18 DEATH PENALTY Electrocution substituted for hanging 195 Expenses 196 7 Place of execution 195 Sentence; change of date of execution 195 , 197 DEATH, RECOVERY FOR See Homicide. DECEDENT'S DEPOSITIONS See Depositions. DEED ATTESTATION See Attestation. DEED TO SECURE DEBT Bond to reconvey not required, when 56 DeKALB COUNTY Commissioner's salary increased 327 Salaries instead of fee for officers 90 DEMAND See Negotiable Instruments Law. DENTON SCHOOL DISTRICT Incorporated 794
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DEPOSITIONS Deceased party's depositions, when admissible 62 Rebuttal by surviving party 62 DEPOSITORY See County Matters. Monroe, State depository in 49 DISABLED PERSONS See Soldiers Service Bureau. Vocational rehabilitation of 843 DISTRICT AGRICULTURAL SCHOOLS Appropriation for 10th district school 11 Exchange of land authorized (12th district) 97 Normal School on site of 1st district school 165 South Ga. c. College on 2d dist. school site 177 DIVORCE Information required as to, in application for marriage license 54 DOMINY, M. C. Resolution relieving from penalty as tax-collector 840 DOVES Hunting or possessing, season for 197 DRAFT OR ORDER See Negotiable Instrument Law. Offense of drawing, etc., without funds to pay 194 DUBLIN CIRCUIT See Superior Court Calendar, p. 856. E EARLY COUNTY Commissioners, primary elections for 320 EAST POINT Tax increase for schools, election as to 550 EASTERN CIRCUIT See Superior Court Calendar, p. 857. EATONTON High-school tuition, election as to 554 Tax increase for schools, election as to 555 ELBERT COUNTY Tax exemption, elections as to 330 ELBERTON School board; election date changed; terms 557 Tax exemption, election as to 559 Women eligible for school board 558 ELECTIONS See Voting by Mail, and local acts as to Counties and Municipal Corporations. ELECTRIC-RAILROAD COMPANIES Authorized to own stock in motor-bus companies 99 ELECTROCUTION See Death Penalty.
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ELLIJAY Schools, repeal of acts as to 566 ELLIOTT, J. A. Relief of, as surety 833 ELLIS, DAVID J. Resolution for relief of, and sureties 833 ESTOPPEL See Negotiable Instruments Law. EVIDENCE Deceased party's depositions; C. C. 5858 amended 62 EXECUTION FOR CRIME See Death Penalty. EXECUTIVE MANSION See Governor's Residence. EXEMPTION OF DEBTOR Mode of setting apart; C. C. 3414, amended 57 F FAIRBURN CITY COURT Fund from fines, etc. 236 Solicitor's qualifications 237 FANNIN COUNTY Appropriation for schools and roads 822 FEES, SALARIES IN LIEU OF See County Officers' Salaries; Solicitors-General. FENCING ON STATE LINES See Cattle-Tick Quarantine. FERTILIZER Analysis and branding 99 FIRE-DEPARTMENT MEMBERS Pension and relief for, in city of 150,000 people 167 FIRE-INSURANCE COMPANIES Deposits by 121 Incorporation of mutual companies 122 Tax to pay pension of firemen 171 FIRE, SETTING See Arson and Attempt to Commit Arson. FISH See Criminal Law; Game and Fish; and see local laws. Act revising laws as to, and creating board 101 Acts repealed 117 Alien fishermen, license for employers of 114 Assignment of ground by patrolman, etc., when unlawful 108 Assistant State Commissioner ex-officio 103 Board of Game and Fish created, powers, etc. 101 Boats and equipment, purchase of 113 Boats engaged in commercial fishing, license for 116 Boundaries of sounds 116 Boundary stakes, interference with 108 Brands 110 11
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Bushel tub, dimensions of 110 Changes of regulations 113 Coastal fisheries fund 115 Closing or opening lands or waters 113 Counterfeit stamp 110 Dealers in oysters, etc., leases and licenses to, and regulation of 105 et seq. Deposit of shells or oysters by lessee 106 Expenses of State board, etc., funds from which paid 115 Funds for protection of; separation of 115 Funds, surplus for schools 115 Game and fish protection fund 115 Heading shrimp or prawn, when unlawful 116 Inspectors, patrolmen, etc. 104 , 108 , 112 Interference with boundary stakes 108 Larceny of oysters or shells 108 Leases of oyster beds; option to lease 105 , 107 Licenses for boats 116 Licenses for taking fish, etc., from salt waters 112 , 117 Measure for oysters 110 Nets, regulation of use of 112 , 116 Nonresidents, fishing by, when prohibited 114 Occupation tax stamps 109 10 Offenses relating to oysters, etc. 107 et seq. Office in Tidewater Georgia 105 Outside waters defined 116 Oysters, shrimp, prawn, etc. 105 et seq. Packages, quantity to be stamped on 109 Patrolmen 104 , 108 , 112 Peddlers and hucksters of sea fish 109 Punishments 107 , 108 , 109 , 110 , 111 , 113 , 115 , 116 , 117 Records by dealers 111 Regulations by board, and changes therein 112 13 Rental of oyster beds 106 Repealed acts 117 Reports to Tidewater Commissioner 111 Salaries 104 5 , 115 Salt water, inside and outside defined 16 Schools, surplus funds for 115 Season for taking fish, etc., regulation of 112 Sheriffs, constables, etc., duties of 115 Shrimp or prawn, heading unlawful, when 116 Staking oyster beds 107 Stamps for packages, etc. 109 10 State Commissioner, election, powers, duties 102 Survey of oyster beds 105 6 , 108 Taxation of dealers, etc. 109 Tidewater Commissioner 103 et seq. Tidewater Georgia, counties composing 104
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FLINT CIRCUIT Terms of court changed 66 FLOWERING SHRUB Trespass by cutting 63 FLOYD COUNTY City-court stenographer 81 Treasurer, increase of pay of, for 1923 828 FORESTRY FUND Appropriation for schools and roads 822 FORGERY See Negotiable Instruments Law. FORSYTH COUNTY Board of commissioners abolished 332 Ordinary to succeed board 322 FORT GAINES CITY COURT Clerk's fees in criminal cases 237 FORT VALLEY, CITY OF County site of proposed County of Peach 42 FRANKLIN SPRINGS, CITY OF Charter of 561 FREIGHT RATES ON FARM PRODUCTS Resolution urging reduction of 829 FREIGHT RATES ON FRUITS, ETC Resolution urging revision of 830 FRUIT See Freight Rates. FULTON COUNTY See Atlanta; Atlanta Circuit; Atlanta, Criminal Court of. Coroner's additional duties and fee 84 Salary instead of fees for officers 87 , 222 3 , 255 G GAME AND FISH See Fish; Hunting; and see local acts. Act creating State Board of Game and Fish 101 Acts repealed 117 Board members, appointment, duties, pay, etc. 101 2 Commissioners; State Commissioner, Tidewater Commissioner 01 3 Fund for game and fish protection 115 Salaries of inspectors 104 5 Salaries of State and Tidewater Commissioners 104 Wardens, powers of 112 GAMES See local acts. GENERAL ASSEMBLY Biennial sessions, amendment to constitution 31 Unfinished business, resolution as to 842
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GEORGIA INDUSTRIAL COLLEGE See Industrial College. GEORGIA REPORTS Replaced for county officers, where burned 826 GEORGIA SCHOOL OF TECHNOLOGY See Technology, School of. GEORGIA TRAINING SCHOOL FOR GIRLS Appropriation for 19 GILMER COUNTY Appropriation for schools and roads 822 Commissioner; office created, commissioner named 333 GLYNN COUNTY See Brunswick. Coastal Highway District to include 35 Commissioners authorized to regulate use of navigable waters, roads, and appurtenant land 338 Penalty for violating rules of commissioners 339 GORDON Clerk to be treasurer of 570 Marshal, election of 570 GORDON COUNTY Commissioner's salary increased 339 Returns by persons subject to road duty 400 GOVERNOR'S RESIDENCE Committee on purchase of property for 831 GRAHAM, J. H. Relief of, as surety 833 GRAYMONT, CITY OF See Summit, City of; Twin City. Charter of; effective on repeal of Twin City charter 573 , 586 , 763 GREENE COUNTY Superior court terms; grand juries 67 GREENSBORO CITY COURT Abolished; transfer of cases 239 GREENVILLE CITY COURT Fees of clerk and sheriff 241 GRIFFIN Authority to close street and convey land 586 Commissioners, referendum as to increase of, etc. 588 Corporate limits extended 591 GRIFFIN CIRCUIT Salary of judge, appropriation for 817 Terms of court 857 H HABERSHAM COUNTY Appropriation for schools and roads 822 Road work in Baldwin authorized 275
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HANCOCK COUNTY TREASURER Office established; salary 341 HAPEVILLE Abutting owners to pay cost of improvements 594 HARBOR, PORT, ETC., COMMISSION Expenses, repeal of provision for 118 HAZLEHURST Auditing 602 , 606 , 607 Board of education 598 et seq. Elections 598 9 , 603 4 , 607 Mayor's salary 604 Officers, election, terms, discharge of 600 , 605 School census 601 School fund, collection of 606 , 607 School limits 597 Tax on business 606 Treasurer 607 HEALTH See Board of Health; Cattle-tick; Maternity Hygiene; and see local acts. HENDERSON, E. G. Relief of, as surety 833 HENRY COUNTY Chairman of commissioners, pay of, increased 342 Superior court terms 67 HIDES, TRANSPORTATION OF Penalty for, in tick-infested area 79 HIGHWAY DEPARTMENT Convict labor, authority to use 119 Expense of guards, equipment, etc. 119 HIGHWAYS See Highway Department, and local acts. Appropriation for certain counties 822 Coastal Highway District 35 HILL, J. F. Resolution for relief of, as surety 835 HINESVILLE CITY COURT Stenographer 242 HOGANSVILLE New Charter 608 HOLDER IN DUE COURSE See Negotiable Instruments Law. HOLIDAYS See Negotiable Instruments Law. HOMERVILLE Fines, etc., limit of, increased 626 Ordinance book 626 Terms of office 627 Voters; male stricken from act of 1907 627
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HOMESTEAD See Exemption of Debtor. HOMICIDE Recovery for, in behalf of next of kin 60 HOUSTON COUNTY City court abolished if Peach county created 243 Part included in proposed county of Peach 39 Superior court terms 68 HUNTING See Game and Fish; Quail Protection; and local laws. Doves, season for hunting, possessing, etc. 197 I INCORPORATION See Corporations. INDORSEMENT See Negotiable Instruments Law. INDUSTRIAL COLLEGE FOR COLORED YOUTHS Appropriation for 820 Board of trustees, appointment by Governor 120 Chairman of board 120 INDUSTRIAL LIFE-INSURANCE Premium-paying periods (C. C. 2502, 2506, amended) 51 INFANTS See Maternity Hygiene; Minors. INSTRUMENT NEGOTIABLE See Negotiable Instruments Law. INSURANCE COMPANIES See Industrial Life Insurance. Burning goods to defraud insurer; penalty 193 Deposits by; what securities received; valuation 121 Incorporation of mutual fire companies 122 Tax to pay pensions of firemen 171 INTEREST See Negotiable Instruments Law. INTERNAL REVENUE TAX Lien for, filing notice of, etc. 124 INTERPRETATION OF INSTRUMENT See Negotiable Instruments Law. INTERSTATE COMMERCE COMMISSION See Freight Rates. INTERURBAN RAILROADS See Motor-Bus Company. INTOXICATING LIQUOR See Liquor. INVESTIGATING COMMITTEE See Governor's Residence; Soldiers' Home. INVESTMENTS See Bonds; County Funds; Technology, School of. IRWIN COUNTY Superior court terms; grand juries 69
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J JACKSON Sidewalks and street paving 627 JACKSON COUNTY Depository for 343 Treasurer's office abolished 344 JAILERS, GUARDS, ETC. Salaries in counties of 80,000 to 130,000 people 123 JENNY LIND TABLES Tax on persons operating 24 JESUP Appointment and discharge of officers 631 Election and terms of mayor, etc. 630 Registrars 630 Sales by city 632 3 Title to land, etc. 632 JESUP CITY COURT Solicitor's qualifications 245 JOINT LIABILITY See Negotiable Instruments Law. JONES COUNTY Commissioners' terms changed; pay 348 JULIUS L. BROWN FUND See Technology, School of. JUNCTION CITY School, repeal of authority to maintain 633 L LaFAYETTE Costs in recorder's court cases 638 Election of council; terms of members 636 Mayor's election and term 636 Mayor's veto 635 Recorder 637 7 Sale of lighting plant, referendum as to 636 LaGRANGE Pool-rooms, etc., power as to 639 Tax assessments; notice, arbitration, etc. 640 LAMAR COUNTY Superior court terms 67 LARCENY See Fish. LAVONIA Paving; assessments, bonds, etc. 642 Road work in conjunction with State and county 650
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LAW MERCHANT See Negotiable Instruments Law. LIBERTY COUNTY Coastal Highway District to include 35 LIBRARY COMMISSION Expenses, provision for 50 LICENSE See Fish; Marriage Licenses; Taxes, and local acts. Posting; what required 185 LIENS See Internal Revenue Tax; Mortgages; and see local acts as to tax liens, etc. LIFE INSURANCE See Industrial Life Insurance. LINCOLNTON School System 651 LIQUOR License for sale of, in City of Summit 709 10 Seizure reports; time limit; penalty on officer 198 LOCAL AND SPECIAL LAWS TABULATED City and municipal courts 205 County matters 264 Solicitors-general; salaries 255 Municipal corporations 393 Private and school corporations 794 LOCOMOTIVE EQUIPMENT See Railroads. LONG COUNTY Clerk of commissioners, pay of 349 LUMBER CITY Bonds for waterworks, repeal of act as to 659 Election of mayor, etc. 657 Lights 658 Penalties 658 Sewerage 658 Street work, age for street duty 658 Taxes 658 Waterworks 658 , 659 LUMBER DEALERS Taxation of 25 LUMPKIN COUNTY Appropriation for schools and roads 822 M MACON Alley, authority to close 663 Auditorium 660 Conveyance of lot to W. C. Fetner authorized 662
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Court costs, etc. 663 Recorder's clerk, issuance of warrants by 661 Sinking fund 661 Stadium commission 661 2 Taxes to pay bonds 660 1 MACON CIRCUIT See Superior Court Calendar, p. 857. MACON COUNTY Part included in proposed county of Peach 39 MADISON COUNTY Superior court terms changed 70 MAIL See Voting by Mail. MANCHESTER Police limits extended 665 Race segregation 664 Zoning regulations 664 5 MARKETING ASSOCIATIONS See Charter Validation. MARRIAGE LICENSES Applications; time of filing, posting, etc. 53 Nonresident female, license for 54 Penalty on ordinary 55 MATERNITY HYGIENE Appropriation for 13 McINTOSH COUNTY Coastal Highway District to include 35 MEASURE Bushel tub for oysters, dimensions of 110 MERIWETHER COUNTY Commissioners, pay of 351 METTER CITY COURT Costs of clerk and sheriff 246 MIDDLE CIRCUIT See Superior Court Calendar, p. 857. MILITARY DEPARTMENT Appropriation for 13 MILLEDGEVILLE Corporate limits 669 Donations to city, in trust 666 Mayor, two terms for 666 Police 666 Police court 670 Salaries 666 Sidewalk paving, etc., assessments 667
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MILLER COUNTY City court, election to abolish 247 Commissioners' authority as to working convicts 352 MINERAL BLUFF School system, repeal of act providing for 671 MINORS Prohibition or regulation of labor of, under 18 years; rejection of amendment to U. S. constitution as to 827 MONROE COUNTY Superior court terms 67 MORTGAGES See Attestation. Crop mortgage before planting, lien of 125 MOTHERS See Maternity Hygiene. MOTOR-BUS COMPANY Purchase of stock of, by railroad company 99 MOTOR-VEHICLES Seizure of, when carrying liquor; officer's duty 198 Tax on dealers, hirers, etc. 22 MOULTRIE Corporate limits extended 673 Ice plant for city 674 MUNICIPAL CORPORATIONS Consolidation of city and county government, amendment to constitution as to 811 General laws relating to certain cities 33 , 49 , 167 Local acts relating to 393 et seq. MUNICIPAL COURT See Municipal Corporations. Attestation by judge of 83 Pleading in municipal court of Atlanta 224 MUNICIPAL ICE PLANT See Moultrie. MURRAY COUNTY Commissioners; man to have charge of roads, etc. 353 MUSCOGEE COUNTY Clerk of commissioners; office created; disbursing agent 357 Depositories 358 Salaries instead of fees for officers 90 Treasurer's office abolished 358 MUTUAL FIRE INSURANCE See Fire Insurance Companies. N NATIONAL FOREST FUND Appropriation for schools and roads 822 NATIONAL PARK IN MOUNTAINS Resolution urging creation of 832
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NEGOTIABLE INSTRUMENTS LAW Acceptance 153 5 , 162 , 163 Acceptance for honor 159 60 Acceptor's liability 139 Accommodation party, liability of 133 , 139 Additions rendering non-negotiable 127 Administrator, notice to 142 , 146 , 155 6 Administrator, signature by 132 , 136 Admissions of parties 138 9 Agent, liability of 132 , 141 Agent, signature by 131 Agent, want of authority of 132 Allonge (31) 133 Alteration 151 Ambiguity 130 1 Antecedent debt constitutes value 132 3 Antedated instrument 129 Assignment of fund 152 , 163 Assumed name, signature in 131 Attorney's fee, provision for (2) 126 Bank cashier or officer, as holder 135 Bank, instrument payable at 144 Bank, presentment at 142 Bankrupt, notice to 146 , 155 6 Bearer, instrument payable to 128 9 , 134 , 135 , 164 Bill, meaning of 164 Bill of exchange 152 Bills in a set 161 2 Blank indorsement 134 Blanks, filling 129 30 Bonds, negotiation of (65) 140 Broker negotiating, liability of 141 Burden of proof as to holding in due course 138 Burden of proof as to consideration 132 Cancellation 149 51 Cases not provided for 165 Cashier, as payee or indorsee 135 Check 163 Code of Georgia, marginal references to 126 , 128 , 132 , 133 , 134 , 138 , 140 , 144 , 151 , 152 , 157 , 162 Collateral, provision for sale of (5) 127 Condition 127 Conditional delivery 130 Conditional indorsement 135 Consideration 132 3 Construction of ambiguous instrument 130 1 Corporation, indorsement by 132 Corporation officer, as payee or indorsee 135 Cotton, instrument payable in 126
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Date, alteration of 151 Date of indorsement, presumption as to 136 Date, omission of 128 Date prima facie true date 129 Death, effect on presentment 142 , 146 , 155 6 Defect of title 137 8 Decisions construing. See marginal note to title 126 Defenses against holder 138 Definitions 163 4 Delay in notice of dishonor 148 Delay in presenting check 163 Delay in presentment 143 , 156 Delivery, indorsement of paper negotiable by 135 , 140 Delivery, meaning of 164 Delivery, negotiation by 133 4 Delivery of incomplete instrument 130 Delivery on condition 130 Delivery, warranty where negotiation by 140 Delivery, when presumed 130 Demand instrument, presentment of 141 , 144 Demand not made, effect 141 Demand, when payable on 128 Destroyed bill, protest of 158 Destruction of bill by drawee 153 Discharge 149 50 , 162 Dishonor by non-acceptance 156 Dishonor by non-payment 143 Dishonor by qualified acceptance 154 Dishonor, effect of 139 , 143 , 157 Dishonor without presentation 156 Dishonored bill, acceptance of 154 Drawees, acceptance by less than all 154 Drawees not to be in alternative or succession 152 Drawer, acceptance before bill signed by 154 Drawer, liability of 139 , 157 Duress, instrument or signature obtained by 137 8 Election to treat paper as bill or note 131 , 152 Estoppel to set up forgery or want of authority 132 Exchange, provision for 126 7 Executor, notice to 142 , 146 , 155 6 Executor, signature by 132 , 136 Exhibition of instrument when payment demanded 142 Extension of time, effect of 150 Fees of attorneys (2) 126 Fictitious person as payee 129 Fictitious person as drawee 143 , 149 , 152 Figures and words, discrepancy between 131 Foreign bill defined 152
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Foreign bill, protest of, required 149 , 157 Forgery, effect of; and estoppel to set up 132 Forgery, warranty against 140 Fraud, instrument obtained by 137 8 Fund; effect of indicating particular fund 127 Genuineness, admission of, by accepting 139 Genuineness, warranty of 140 Holder, defenses against 138 Holder for value, who is 133 Holder in due course, who is 137 8 Holder, meaning of 164 Holder of altered paper, rights of 151 Holder of paper signed without authority 132 Holder, renunciation by 150 Holiday, instrument due on 144 Holiday, when day for act falls on 164 5 I, when construed as we 131 Illegal stipulations not validated by act 127 Illegality, instrument obtained by 137 8 Incomplete instrument 129 30 Incomplete instrument, acceptance of 154 Indorsement after maturity 128 , 136 Indorsement after transfer 136 Indorsement blank, effect of 129 , 134 Indorsement by cashier or officer 135 Indorsement by infant or corporation 132 Indorsement conditional 135 Indorsement, date of, presumption as to 136 Indorsement in representative capacity 136 Indorsement, kinds of 134 Indorsement on separate paper 133 Indorsement, order of liability on 140 Indorsement, place of 131 , 133 , 136 Indorsement, presumption as to time and place 136 Indorsement restrictive 134 Indorsement special 134 5 Indorsement stricken out, effect of 136 Indorsement, transfer without 136 Indorsement where more than one payee 135 Indorsement without recourse 135 Indorser defined 139 Indorser, discharge of 150 , 155 , 163 Indorser irregular 139 Indorser, liability of 139 , 140 , 162 Indorser, notice to 144 , 148 Indorser, payment by, rights resulting from 150 Indorser, presentment to 141 , 143 Indorser, protest necessary to charge 157
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Indorser, qualified 140 Indorser, rights of, against drawer 139 Indorser, who deemed such 131 , 139 Infant, indorsement by 132 Inland bill, what is 152 Insolvency, presentment and notice in case of 146 , 155 6 Insolvency, protest before maturity in case of 158 Installments, instrument payable in 126 Instrument, meaning of 164 Interest, alteration as to 151 Interest where date is omitted 131 Interpretation of instrument 129 31 Issue, meaning of 164 Joint and several liability 131 Joint drawees 152 Joint indorsers 135 , 140 1 Joint payees 128 , 135 , 140 1 Law merchant governs cases not provided for 165 Lienholder is holder for value 133 Lost instrument, protest, etc. 158 Mail, notice of dishonor by 145 7 Makers joint and several 131 Marginal figures 131 Maturity, instrument payable on or before 127 Maturity, time of 144 Misspelling name 135 6 Municipal bonds not warranted on negotiation 140 Name assumed, or trade name 131 Negotiability 126 8 Negotiable instrument, requisites of 126 8 Negotiation, prohibition of 134 Negotiation, what constitutes 133 4 Note, election to treat bill as 131 , 152 Notice of dishonor 144 9 , 157 Notice of equities 137 8 Noting for protest 158 Officer as payee or indorser 128 , 136 Officer as signer 132 Omissions 128 , 130 Order of liability on 140 Parol proof of agreement between indorsers 140 1 Partnership, presentment to 142 Partnership, notice of dishonor to 146 Payment by party accommodated 149 50 Payment for honor 160 Payment in due course 144 , 149 Place, alteration as to 151 Place omitted 128 , 136 Plea of want or failure of consideration 133
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Pre-existing debt constitutes value 132 3 Presentment for acceptance 155 Presentment for payment 141 Presumption in favor of holder 138 Presumption of consideration 132 Presumptions as to date, delivery, place 129 , 130 , 136 Primary liability 164 Print included in writing 164 Printed and written provisions in conflict 131 Procuration, signature by 132 Promissory note defined 162 Promissory note, option to treat as bill 131 , 152 Promissory note to maker's order 162 Protest 148 9 , 157 8 , 160 Purchaser for value without notice 137 8 Reacquisition 136 7 Reasonable time for filling blanks 129 30 Reasonable time for presentation 143 , 163 Reasonable time, how determined 164 Referee in case of need 152 , 160 Reissue of instrument 136 7 , 150 Release of primary party 150 Renunciation by holder 150 Representative capacity, signature in 132 , 136 Saturday, instrument due on 144 Saturday, presentment on 156 Seal, negotiability not impaired by 128 Secondary party, who is 164 Securities, public or corporation, negotiation of 140 Sight, instrument payable at 127 9 , 154 5 Signature by agent 131 2 Signature by procuration 132 Signature forged 132 Signature in assumed or trade name 131 Signature, when deemed indorsement 131 Subrogation of payee for honor 161 Sum certain, what is 126 Sunday, instrument due on 144 , 164 5 Surety 150 Surrender of paper to primary party 150 Tender of payment 141 , 150 Terms of instrument, when sufficient 129 Time, alteration of 151 Time, computation of 144 , 164 5 Time of execution; date omitted 128 Time of maturity 144 Time of negotiation 136 Time, requisites as to 126 8 Title, burden of proof as to 138
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Title, defect of 137 8 Title, for use of another 134 Title, notice of defect of 137 8 Title of or through holder in due course 138 Title, transfer of, without indorsement 136 Title of act 126 , 163 Transferor by delivery, liability of 140 1 Trust created by restrictive indorsement 134 Trustee, signature by 132 , 136 Unconditional promise or order 127 , 152 Undisclosed principal, liability of agent of 141 Undisclosed principal not liable 131 Value, holder for 133 Value received, omission of 128 Value, what is 132 , 164 Waiver of benefit of law 127 Waiver of notice of dishonor, or of protest 148 Warranty 140 Without recourse 135 Writing includes and is included in print 164 Writing prevails over print where conflicting 131 NETS See Fish. NONRESIDENTS See Fish; Marriage Licenses. NORMAL SCHOOLS Appropriations for 14 , 167 Georgia Normal School (Statesboro) established 165 NORTHEASTERN CIRCUIT See Superior Court Calendar, p. 858. NORTHERN CIRCUIT See Superior Court Calendar, p. 858. Madison superior court terms changed 70 NOTES See Negotiable Instruments Law. NOTICE See Negotiable Instruments Law. NURSES HOME AT STATE SANITARIUM Appropriation to complete and furnish 17 O OCCUPATION TAXES See Licenses; Taxes, and see local acts. OCMULGEE CIRCUIT See Superior Court Calendar, p. 858. Greene superior court terms 67 OCONEE CIRCUIT See Superior Court Calendar, p. 858. Wheeler superior court terms 72 OGEECHEE CIRCUIT See Superior Court Calendar, p. 859. ORDER FOR MONEY See Draft or Order; Negotiable Instruments Law.
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ORDINARY See County Matters. Ballots for absent voters, duty to furnish 189 90 Marriage licenses, requirements as to 53 OYSTERS See Fish. P PALMETTO Registration of voters 675 PARKS See Municipal Corporations; National Park. PATAULA CIRCUIT See Superior Court Calendar, p. 859. PAVING See Highways; and see local acts. PEACH COUNTY Amendment to constitution, to create 39 PEDDLERS See Fish. PENAL LAWS See Criminal Law. PENSIONS Fire department members in city of 150,000 people, pension and relief for 167 Municipal employees in Augusta, conditional increase of pension for 450 Municipal employees in Savannah, age for pension 688 PIEDMONT CIRCUIT Salary of judge, appropriation for 818 Salary of solicitor-general, appropriation 819 Terms of court 859 PINE STRAW Penalty for use of, in tick-infested area 79 PLEADINGS See Municipal Court of Atlanta. POLICE AND POLICE COURTS See local acts. POLL TAX Fund of $200,000 from, for consolidated schools 176 POOL TABLES Taxation of persons operating 24 PORT FACILITIES See Brunswick; Harbor, Port, etc., Commission. POST-OFFICE See Voting by Mail. PRAWN See Fish. PRESENTMENT See Negotiable Instruments Law. PRESUMPTIONS See Negotiable Instruments Law. PRIMARY ELECTIONS See Voting by Mail; and see local acts. PROHIBITION LAW See Liquor.
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PROMISSORY NOTES See Negotiable Instruments Law. PROTEST See Negotiable Instruments Law. PUBLIC BUILDINGS AND GROUNDS Appropriation for 15 PUBLIC DEFENSE See Military Department. PUBLIC SCHOOLS See Schools. PUBLIC SERVICE CORPORATION TAX CLERK Salary increased 30 PULASKI COUNTY Clerk of commissioners; duties; salary 303 Q QUAIL PROTECTION See local acts. Repeal of act for, in county of 23,369-79 people 201 QUARANTINE See Cattle-Tick Quarantine. R RABUN COUNTY Appropriation for schools and roads 822 RACE SEGREGATION See Manchester. RAILROAD See Freight Rates; Motor-Bus Company; Railroad Equipment Companies. Automatic door to fire-box of locomotive, when required 173 RAILROAD EQUIPMENT COMPANIES Assessment and collection of taxes on 27 Defined 28 Tax returns of 28 REDEMPTION FROM SALE Drainage-assessment sale (C. C. 1169, amended) 48 REGISTRATION OF VOTERS See Voters' Lists; and see local laws. RELIEF OF SURETIES Resolution providing for 833 9 RESOLUTIONS TABULATED 811 REVENUE DEPARTMENT Appropriation for 15 Digests, etc., for special taxes, duty to furnish 184 Digests for Commissioner, collector's duty as to 185 Remittances to Commissioner of Revenue 185 RICHMOND COUNTY See Augusta. Bonds for schools, election as to 364 City court of; stenographer 81 Salaries instead of fees for officers 90 Schoolbooks 366
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School-tax limit 367 School trustees, changes in membership 369 School trustees from city wards 369 ROADS See Highway Department; Highways; and see local acts. ROBINSON, J. B. Resolution for relief of, as surety 835 ROCKMART Mayor and councilmen allowed two terms 677 Registration of voters 676 ROCKMART SCHOOL DISTRICT District reduced; powers of trustees; elections 798 800 Tax assessments 799 ROME Salaries 679 80 Sale of streets, etc. 680 School tax, election as to 678 9 Waterworks department 679 ROME CIRCUIT See Superior Court Calendar, p. 859. S SAINT GEORGE Charter repealed; property to be conveyed to school trustees 680 Parks 681 Trustees, powers of, as to city property conveyed to 681 SAINT SIMON'S ISLAND See Brunswick. SALARIES See Appropriations; Auditor of Department of Education; Game and Fish; City Courts; Jailers; Public Service Corporation Tax Clerk; Resolutions; Solicitors-General; and see local acts. County officers' salaries in certain counties 87 , 90 SALT-WATER FISHING See Fish. SANDERSVILLE CITY COURT Judge's salary increased 248 SANITARIUM, STATE Appropriation for maintenance 16 Nurses Home, appropriation to complete 17 SAVANNAH Acts amending charter, 681 , 683 , 690 Advertising, etc., annual appropriation of $100,000 for 684 Aldermen, election, recall of, etc. 691 14 Appeals to council in police court cases 682 Appropriations for advertising, charity, etc. 684 , 689 Australian ballot law, conflict with 688
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Board of aldermen to be known as city council 694 Bonds in police-court cases; cash bonds 682 Charity, appropriation for 689 City manager; salary limit, $15,000 694 Civil service 700 2 Consolidation of city and county government 811 Conveyance to Realty Investment Company 689 Corporate limits 690 Council; powers; aldermen to be known as city council 691 , 694 Dedicated streets, etc., title to 686 Departments of city government 693 4 Diseased prisoners 683 Education, appropriation for 689 Election as to adoption of amendments 702 Election of aldermen 691 , 692 3 Fire and police departments under civil service regulations 701 Gasoline filling stations, encroachments by 688 Mayor's power 682 , 692 Memorial park 688 New departments 693 4 Nomination by petition of voters 700 Offices, abolition of 696 Ordinances, three votes necessary to adopt 692 Park and Tree Commission, authority of 685 6 Park, authority to establish 685 Park; memorial to Commodore Tattnall 688 Penalties, council's power to change or remit 682 Pension age limit repealed 688 Plumbing 684 Police court 682 Purchase of streets, etc. 684 Quorum of city council 694 Recall of aldermen 692 Referendum 702 Salaries 693 , 694 , 695 6 Sentences 682 Stadium, authority to construct, charge admission, etc. 685 Street closing 686 et seq. Tattnall Park 688 9 Vacancy in office of alderman, filled by council 693 Veto power, mayor without 692 Vice-mayor 692 Voters' booths 688 SCHOOL DISTRICTS Denton school district incorporated 794 Rockmart school district reduced; powers of trustees; elections; tax assessments 798 Tennille school district, repeal of act abolishing 800
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Tennile school district; election as to abolishing 801 Union school district incorporated 802 SCHOOLS See Appropriations; Colleges; Fish; District Agricultural Schools; Normal Schools; Resolutions; School Districts; Technology, School of. Consolidated schools, fund for, from poll tax 176 Common schools, appropriations for 822 SEA FOOD See Fish. SEASONS FOR HUNTING AND FISHING See Fish; Hunting; and see local acts. SECOND DISTRICT AGRICULTURAL SCHOOL See District Schools. SECURITY DEED See Deed to Secure Debt. SEIZURE OF LIQUOR, ETC. See Liquor. SEMINOLE COUNTY Commissioners, ordinary to be ex-officio clerk of 371 Treasurer's salary and bond 372 SENTENCE OF DEATH See Death Penalty. SHEPPARD-TOWNER ACT See Maternity Hygiene. SHINGLER Charter repealed 703 SHRIMP See Fish. SHRUB CUTTING Trespass by 63 SIGNATURE See Negotiable Instruments Law. SINKING FUND See Counties, and see local acts. SLATE, SAM J. Appropriation to reimburse as State Auditor 10 SMITH-LEVER FUND Appropriation to meet requirements as to 8 SMYRNA Mayor and council, election and terms of 704 SOCIAL CIRCLE ACADEMY Tax rate for 791 SOLDIERS' HOME Investigating committee 840 SOLDIERS SERVICE BUREAU Appropriation for 821 SOLICITORS-GENERAL Atlanta Circuit; salary instead of fees 255 Griffin Circuit; appropriation for salary 819 Middle Circuit; increase of salary 255 Names of 854
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SOPERTON CITY COURT Attachments returnable to 250 Salaries of judge and solicitor 250 SOUTH GEORGIA AGRICULTURAL c. COLLEGE Established at Tifton, branch of State University 177 SOUTHERN CIRCUIT See Superior Court Calendar, p. 860. SOUTHWESTERN CIRCUIT See Superior Court Calendar, p. 860. STAMPS TO SHOW PAYMENT OF TAX Cigarette and cigar tax stamps 25 Oyster and shrimp dealers 109 10 Prima facie evidence of violation of law, as to 27 STATE BOARD OF GAME AND FISH See Game and Fish; Fish. STATE DEPOSITORY Monroe, depository established in 49 STATE LIBRARY Burned books replaced from, for county 826 STATE LIBRARY COMMISSION See Library Commission. STATE TREASURER'S REPORT 846 STATE UNIVERSITY See University of Georgia. STATESBORO Normal School established at 165 STENOGRAPHERS See City Courts. STOCK PURCHASE BY RAILROAD COMPANY Motor-bus company's stock, purchase of 99 STONE MOUNTAIN CIRCUIT See Superior Court Calendar, p. 860. SUMMIT, CITY OF Charter; effective on ratification of Act repealing charter of Twin City 705 , 715 , 762 Graymont, authority to join city of, in schools and public improvements 714 SUPERIOR COURTS Calendar of 854 Changes in time of holding 64 73 SURETIES, RESOLUTIONS FOR RELIEF OF 833 9 SURRENCY, TOWN OF New Charter 715 T TABLES FOR POOL, ETC. Taxation of persons operating 24 TALLAPOOSA CIRCUIT See Superior Court Calendar, p. 860.
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TATTNALL, COMMODORE Memorial to 688 9 TAXES See Internal Revenue Tax; Revenue Department; Tax-Collectors; Tax-Commissioner; Tax-Digests; Tax-Receiver; and see local and special acts. Amendments to General Tax Act of 1923 22 Automobile dealers and hirers 22 3 Billiard and pool tables, etc., operating 24 Brokers (merchandise), repeal of tax on, etc. 25 , 841 Cigarettes and cigars; stamps; dealers defined 25 Commission merchants, repeal of tax on 25 , 841 Evidence of violation of stamp law 27 Hirers of cars without drivers 23 License-books, etc. 184 Licenses to be posted 184 Lumber dealers 25 Motor-truck dealers 23 Oysters, shrimps, prawn, taxation of dealers in 109 10 Poll tax, fund from, for consolidated schools 176 Railroad-equipment companies 27 Stamps for cigarettes and cigars 27 Stamps for oyster packages, etc. 109 10 Tobacco dealers 25 TAX COLLECTORS Consolidation of offices of tax-receiver and collector, amendment of constitution as to 811 Defaulters, lists of 185 Duties as to digests, etc. 183 License books 184 Pay of, for preparing digests of special taxes 184 Records of 186 Remittances to Commissioner of Revenue 185 Salaries for, in certain counties 87 , 90 TAX-COMMISSIONER (COUNTY) Substitution of, for receiver and collector 815 TAX DIGESTS FOR SPECIAL TAXES Requirements as to 183 TAX-RECEIVER Consolidation of office of, with that of tax-collector, amendment to constitution as to 811 Salaries for, in certain counties 87 , 90 TAYLOR COUNTY Treasurer's salary increased 273 TECHNOLOGY, GEORGIA SCHOOL OF Appropriation for 18 Investment of Julius L. Brown fund 174
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TENNGA Charter repealed 725 TENNILLE SCHOOL DISTRICT Election as to abolishing 801 Repeal of act abolishing 800 TERMS OF COURT Acts changing 64 et seq. Calendar 854 THOMPSON, J. J. Resolution for relief of, as surety 836 THORNTON, MISS E. M. Edition of constitution by, approved 827 TICK ERADICATION See Cattle-Tick Quarantine. TIDEWATER COMMISSIONER See Fish. TIDEWATER GEORGIA See Fish. Counties composing 104 TIFTON South Ga. Agricultural c. College established at 177 TIFTON CIRCUIT See Superior Court Calendar, p. 861. Irwin superior court terms 69 TIPS Repeal of law prohibiting 202 TIVOLI TABLES Tax on persons operating 24 TOBACCO, TAXATION OF DEALERS Definition of wholesale and retail 26 Stamps 27 TOCCOA Act providing for referendum as to new charter 725 Auditing 739 City manager 737 Commission government 725 Elections 728 , 732 3 , 735 Initiative of voters, as to ordinances 740 Ordinances 739 41 Paving 740 et seq. Police court 742 Recall of commissioner 733 et seq. Recorder 742 Redemption from sale 743 Registration of voters 729 Sale by commissioners 744 Sales for taxes 743 Taxes; returns, assessors 744 TOOMBS CIRCUIT See Superior Court Calendar, p. 861.
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TOOMBS COUNTY Grand jury, times of meeting 71 TOWNS COUNTY Fishing in Brasstown Creek, where prohibited 373 Repeal of act prohibiting sale of drinks in mile of Young Harris College 374 TRAINING SCHOOL FOR GIRLS Appropriation to extend water-mains 19 TREE CUTTING See Trespass. TRENTON Taxes and licenses 760 TRESPASS Cutting ornamental tree or flowering shrub; P. C. 216, amended 63 TREUTLEN COUNTY Treasurer's office abolished; custodian substituted 375 TROVER Costs where $100 or less is involved, $5 85 TRUCK DEALERS Taxation of 23 TWIN CITY See Graymont; Summit, City of. Repeal of charter, referendum as to 762 U UNADILLA Taxes; assessment, collection, return, etc. 764 UNFINISHED BUSINESS OF ASSEMBLY Persons to remain at the Capitol for 841 UNION COUNTY Appropriation for schools and roads 822 UNIVERSITY OF GEORGIA Appropriation for 20 Appropriations for branches 8 , 11 , 14 , 18 , 183 Normal School at Statesboro, branch of 165 South Ga. Agricultural c. College, branch of 177 V VALDOSTA Appropriations for college 776 Assessments of unreturned property, etc. 770 1 Corporate limits extended 775 Street encroachments, obstructions, etc. 774
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Tax executions, levy, etc. 771 4 Woodrow Wilson Memorial College, taxation and appropriations for 776 UNION COUNTY Fishing in Brasstown Creek, where prohibited 373 Treasurer's salary 376 UNION SCHOOL DISTRICT Incorporated 802 VETERINARIAN, STATE See Cattle-Tick Quarantine. VETOED PARTS OF ACTS, ETC. See notes, pp. 10, 12, 15, 17, 19, 21, 826. VIENNA Assessment for street improvements 778 Board of registrars 784 Bonds 780 Registration lists 785 Sidewalks 783 Street improvements 778 VOCATIONAL REHABILITATION Resolution as to 843 VOTERS' LISTS (REGISTERED) See local laws. Time of filing, Civil Code, 57, amended 47 VOTING BY MAIL Absent voter may vote by mail when 186 Application for ballot 186 Construction of the law 192 Deposit of ballot 190 Election managers, duty of 191 Forms to be used 187 90 Opening box, etc. 191 Ordinary to furnish ballots to registrars 189 90 Penalties 191 2 Postmaster's certificates 188 9 Primary elections, ballots for 190 Registrar's duties and certificates 187 90 W WARM SPRINGS See Bullochville. Charter of village of, repealed 786 Name of Bullochville changed to City of Warm Springs 467 WAYCROSS Corporate limits reduced 787 WAYCROSS CIRCUIT See Superior Court Calendar, p. 861.
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WAYNE COUNTY Superior court terms changed 72 WESTERN CIRCUIT See Superior Court Calendar, p. 861. WHEELER COUNTY Board of commissioners abolished 377 Commissioner; office created 378 Superior court terms 72 WILCOX COUNTY Superior court terms 73 Tax limit 388 Warrants not to exceed revenue 388 WILLACOOCHEE Board of education, election of, etc. 788 Taxation to pay teachers 790 WOODROW WILSON MEMORIAL COLLEGE See Valdosta. WITNESS ACT, AMENDMENT OF See Depositions. WITNESS TO DEED, ETC. See Attestation. WORKMEN'S COMPENSATION LAW Pension act as to firemen does not affect, and is not affected by 173 WRIGHTSVILLE CITY COURT Judge and solicitor, qualifications of 251 Succession in office 254 Y YOUNG HARRIS COLLEGE See Towns County. Z ZONING LAWS See Albany; Manchester.